Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 454
Barcode 650694
CHAMBER ACTION
Senate House
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11 Senator Sebesta moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 43, line 10, delete that line
15
16 and insert:
17 Section 26. Subsection (6) of section 261.03, Florida
18 Statutes, is amended and subsection (11) is added to that
19 section, to read:
20 261.03 Definitions.--As used in this chapter, the
21 term:
22 (6) "Off-highway vehicle" means any ATV, two-rider
23 ATV, or OHM that is used off the roads or highways of this
24 state for recreational purposes and that is not registered and
25 licensed for highway use under chapter 320.
26 (11) "Two-rider ATV" means any ATV that is
27 specifically designed by the manufacturer for a single
28 operator and one passenger.
29 Section 27. Subsection (84) is added to section
30 316.003, Florida Statutes, to read:
31 316.003 Definitions.--The following words and phrases,
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1 when used in this chapter, shall have the meanings
2 respectively ascribed to them in this section, except where
3 the context otherwise requires:
4 (84) TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or
5 device with the capability of activating a control mechanism
6 mounted on or near traffic signals which alters a traffic
7 signal's timing cycle.
8 Section 28. Section 316.0775, Florida Statutes, is
9 amended to read:
10 316.0775 Interference with official traffic control
11 devices or railroad signs or signals.--
12 (1) A No person may not shall, without lawful
13 authority, attempt to or in fact alter, deface, injure, knock
14 down, or remove any official traffic control device or any
15 railroad sign or signal or any inscription, shield, or
16 insignia thereon, or any other part thereof. A violation of
17 this subsection section is a criminal violation pursuant to s.
18 318.17 and shall be punishable as set forth in s. 806.13
19 related to criminal mischief and graffiti, beginning on or
20 after July 1, 2000.
21 (2) A person may not, without lawful authority,
22 possess or use any traffic signal preemption device as defined
23 under s. 316.003. A person who violates this subsection
24 commits a moving violation, punishable as provided in chapter
25 318 and shall have 4 points assessed against his or her
26 driver's license as set forth in s. 322.27.
27 Section 29. Section 316.122, Florida Statutes, is
28 amended to read:
29 316.122 Vehicle turning left.--The driver of a vehicle
30 intending to turn to the left within an intersection or into
31 an alley, private road, or driveway shall yield the
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1 right-of-way to any vehicle approaching from the opposite
2 direction, or vehicles lawfully passing on the left of the
3 turning vehicle, which is within the intersection or so close
4 thereto as to constitute an immediate hazard. A violation of
5 this section is a noncriminal traffic infraction, punishable
6 as a moving violation as provided in chapter 318.
7 Section 30. Section 316.1576, Florida Statutes, is
8 created to read:
9 316.1576 Insufficient clearance at a railroad-highway
10 grade crossing.--
11 (1) A person may not drive any vehicle through a
12 railroad-highway grade crossing that does not have sufficient
13 space to drive completely through the crossing without
14 stopping.
15 (2) A person may not drive any vehicle through a
16 railroad-highway grade crossing that does not have sufficient
17 undercarriage clearance to drive completely through the
18 crossing without stopping.
19 (3) A violation of this section is a noncriminal
20 traffic infraction, punishable as a moving violation as
21 provided in chapter 318.
22 Section 31. Section 316.1577, Florida Statutes, is
23 created to read:
24 316.1577 Employer responsibility for violations
25 pertaining to railroad-highway grade crossings.--
26 (1) An employer may not knowingly allow, require,
27 permit, or authorize a driver to operate a commercial motor
28 vehicle in violation of a federal, state, or local law or rule
29 pertaining to railroad-highway grade crossings.
30 (2) A person who violates subsection (1) is subject to
31 a civil penalty of not more than $10,000.
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1 Section 32. Subsection (2) of section 316.183, Florida
2 Statutes, is amended to read:
3 316.183 Unlawful speed.--
4 (2) On all streets or highways, the maximum speed
5 limits for all vehicles must be 30 miles per hour in business
6 or residence districts, and 55 miles per hour at any time at
7 all other locations. However, with respect to a residence
8 district, a county or municipality may set a maximum speed
9 limit of 20 or 25 miles per hour on local streets and highways
10 after an investigation determines that such a limit is
11 reasonable. It is not necessary to conduct a separate
12 investigation for each residence district. The minimum speed
13 limit on all highways that comprise a part of the National
14 System of Interstate and Defense Highways and have not fewer
15 than four lanes is 40 miles per hour, except that when the
16 posted speed limit is 70 miles per hour, the minimum speed
17 limit is 50 miles per hour.
18 Section 33. Paragraph (e) of subsection (1) of section
19 316.1932, Florida Statutes, is amended to read:
20 316.1932 Tests for alcohol, chemical substances, or
21 controlled substances; implied consent; refusal.--
22 (1)
23 (e)1. By applying for a driver's license and by
24 accepting and using a driver's license, the person holding the
25 driver's license is deemed to have expressed his or her
26 consent to the provisions of this section.
27 2. A nonresident or any other person driving in a
28 status exempt from the requirements of the driver's license
29 law, by his or her act of driving in such exempt status, is
30 deemed to have expressed his or her consent to the provisions
31 of this section.
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1 3. A warning of the consent provision of this section
2 shall be printed above the signature line on each new or
3 renewed driver's license.
4 Section 34. Subsection (5) of section 316.1936,
5 Florida Statutes, is amended to read:
6 316.1936 Possession of open containers of alcoholic
7 beverages in vehicles prohibited; penalties.--
8 (5) This section shall not apply to:
9 (a) A passenger of a vehicle in which the driver is
10 operating the vehicle pursuant to a contract to provide
11 transportation for passengers and such driver holds a valid
12 commercial driver's license with a passenger endorsement or a
13 Class D driver's license issued in accordance with the
14 requirements of chapter 322;
15 (b) A passenger of a bus in which the driver holds a
16 valid commercial driver's license with a passenger endorsement
17 or a Class D driver's license issued in accordance with the
18 requirements of chapter 322; or
19 (c) A passenger of a self-contained motor home which
20 is in excess of 21 feet in length.
21 Section 35. Paragraphs (a) and (b) of subsection (3)
22 of section 316.194, Florida Statutes, are amended to read:
23 316.194 Stopping, standing or parking outside of
24 municipalities.--
25 (3)(a) Whenever any police officer or traffic accident
26 investigation officer finds a vehicle standing upon a highway
27 in violation of any of the foregoing provisions of this
28 section, the officer is authorized to move the vehicle, or
29 require the driver or other persons in charge of the vehicle
30 to move the vehicle same, to a position off the paved or
31 main-traveled part of the highway.
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1 (b) Officers and traffic accident investigation
2 officers may are hereby authorized to provide for the removal
3 of any abandoned vehicle to the nearest garage or other place
4 of safety, cost of such removal to be a lien against motor
5 vehicle, when an said abandoned vehicle is found unattended
6 upon a bridge or causeway or in any tunnel, or on any public
7 highway in the following instances:
8 1. Where such vehicle constitutes an obstruction of
9 traffic;
10 2. Where such vehicle has been parked or stored on the
11 public right-of-way for a period exceeding 48 hours, in other
12 than designated parking areas, and is within 30 feet of the
13 pavement edge; and
14 3. Where an operative vehicle has been parked or
15 stored on the public right-of-way for a period exceeding 10
16 days, in other than designated parking areas, and is more than
17 30 feet from the pavement edge. However, the agency removing
18 such vehicle shall be required to report same to the
19 Department of Highway Safety and Motor Vehicles within 24
20 hours of such removal.
21 Section 36. Section 316.1967, Florida Statutes, is
22 amended to read:
23 316.1967 Liability for payment of parking ticket
24 violations and other parking violations.--
25 (1) The owner of a vehicle is responsible and liable
26 for payment of any parking ticket violation unless the owner
27 can furnish evidence, when required by this subsection, that
28 the vehicle was, at the time of the parking violation, in the
29 care, custody, or control of another person. In such
30 instances, the owner of the vehicle is required, within a
31 reasonable time after notification of the parking violation,
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1 to furnish to the appropriate law enforcement authorities an
2 affidavit setting forth the name, address, and driver's
3 license number of the person who leased, rented, or otherwise
4 had the care, custody, or control of the vehicle. The
5 affidavit submitted under this subsection is admissible in a
6 proceeding charging a parking ticket violation and raises the
7 rebuttable presumption that the person identified in the
8 affidavit is responsible for payment of the parking ticket
9 violation. The owner of a vehicle is not responsible for a
10 parking ticket violation if the vehicle involved was, at the
11 time, stolen or in the care, custody, or control of some
12 person who did not have permission of the owner to use the
13 vehicle. The owner of a leased vehicle is not responsible for
14 a parking ticket violation and is not required to submit an
15 affidavit or the other evidence specified in this section, if
16 the vehicle is registered in the name of the person who leased
17 the vehicle.
18 (2) Any person who is issued a county or municipal
19 parking ticket by a parking enforcement specialist or officer
20 is deemed to be charged with a noncriminal violation and shall
21 comply with the directions on the ticket. If payment is not
22 received or a response to the ticket is not made within the
23 time period specified thereon, the county court or its traffic
24 violations bureau shall notify the registered owner of the
25 vehicle that was cited, or the registered lessee when the
26 cited vehicle is registered in the name of the person who
27 leased the vehicle, by mail to the address given on the motor
28 vehicle registration, of the ticket. Mailing the notice to
29 this address constitutes notification. Upon notification, the
30 registered owner or registered lessee shall comply with the
31 court's directive.
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1 (3) Any person who fails to satisfy the court's
2 directive waives his or her right to pay the applicable civil
3 penalty.
4 (4) Any person who elects to appear before a
5 designated official to present evidence waives his or her
6 right to pay the civil penalty provisions of the ticket. The
7 official, after a hearing, shall make a determination as to
8 whether a parking violation has been committed and may impose
9 a civil penalty not to exceed $100 or the fine amount
10 designated by county ordinance, plus court costs. Any person
11 who fails to pay the civil penalty within the time allowed by
12 the court is deemed to have been convicted of a parking ticket
13 violation, and the court shall take appropriate measures to
14 enforce collection of the fine.
15 (5) Any provision of subsections (2), (3), and (4) to
16 the contrary notwithstanding, chapter 318 does not apply to
17 violations of county parking ordinances and municipal parking
18 ordinances.
19 (6) Any county or municipality may provide by
20 ordinance that the clerk of the court or the traffic
21 violations bureau shall supply the department with a
22 magnetically encoded computer tape reel or cartridge or send
23 by other electronic means data which is machine readable by
24 the installed computer system at the department, listing
25 persons who have three or more outstanding parking violations,
26 including violations of s. 316.1955. Each county shall provide
27 by ordinance that the clerk of the court or the traffic
28 violations bureau shall supply the department with a
29 magnetically encoded computer tape reel or cartridge or send
30 by other electronic means data that is machine readable by the
31 installed computer system at the department, listing persons
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1 who have any outstanding violations of s. 316.1955 or any
2 similar local ordinance that regulates parking in spaces
3 designated for use by persons who have disabilities. The
4 department shall mark the appropriate registration records of
5 persons who are so reported. Section 320.03(8) applies to each
6 person whose name appears on the list.
7 Section 37. Subsection (2) of section 316.2074,
8 Florida Statutes, is amended to read:
9 316.2074 All-terrain vehicles.--
10 (2) As used in this section, the term "all-terrain
11 vehicle" means any motorized off-highway vehicle 50 inches or
12 less in width, having a dry weight of 900 pounds or less,
13 designed to travel on three or more low-pressure tires, having
14 a seat designed to be straddled by the operator and handlebars
15 for steering control, and intended for use by a single
16 operator with no passenger. For the purposes of this section,
17 "all-terrain vehicle" also includes any "two-rider ATV" as
18 defined in s. 317.0003.
19 Section 38. Paragraph (b) of subsection (1) of section
20 316.302, Florida Statutes, is amended to read:
21 316.302 Commercial motor vehicles; safety regulations;
22 transporters and shippers of hazardous materials;
23 enforcement.--
24 (1)
25 (b) Except as otherwise provided in this section, all
26 owners or drivers of commercial motor vehicles that are
27 engaged in intrastate commerce are subject to the rules and
28 regulations contained in 49 C.F.R. parts 382, 385, and
29 390-397, with the exception of 49 C.F.R. s. 390.5 as it
30 relates to the definition of bus, as such rules and
31 regulations existed on October 1, 2004 2002.
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1 Section 39. Subsection (1) of section 316.605, Florida
2 Statutes, is amended to read:
3 316.605 Licensing of vehicles.--
4 (1) Every vehicle, at all times while driven, stopped,
5 or parked upon any highways, roads, or streets of this state,
6 shall be licensed in the name of the owner thereof in
7 accordance with the laws of this state unless such vehicle is
8 not required by the laws of this state to be licensed in this
9 state and shall, except as otherwise provided in s. 320.0706
10 for front-end registration license plates on truck tractors,
11 display the license plate or both of the license plates
12 assigned to it by the state, one on the rear and, if two, the
13 other on the front of the vehicle, each to be securely
14 fastened to the vehicle outside the main body of the vehicle
15 in such manner as to prevent the plates from swinging, and
16 with all letters, numerals, printing, writing, and other
17 identification marks upon the plates regarding the word
18 "Florida," the registration decal, and the alphanumeric
19 designation shall be clear and distinct and free from
20 defacement, mutilation, grease, and other obscuring matter, so
21 that they will be plainly visible and legible at all times 100
22 feet from the rear or front. Nothing shall be placed upon the
23 face of a Florida plate except as permitted by law or by rule
24 or regulation of a governmental agency. No license plates
25 other than those furnished by the state shall be used.
26 However, if the vehicle is not required to be licensed in this
27 state, the license plates on such vehicle issued by another
28 state, by a territory, possession, or district of the United
29 States, or by a foreign country, substantially complying with
30 the provisions hereof, shall be considered as complying with
31 this chapter. A violation of this subsection is a noncriminal
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1 traffic infraction, punishable as a nonmoving violation as
2 provided in chapter 318.
3 Section 40. Subsection (4) of section 316.613, Florida
4 Statutes, is amended to read:
5 316.613 Child restraint requirements.--
6 (4)(a) It is the legislative intent that all state,
7 county, and local law enforcement agencies, and safety
8 councils, in recognition of the problems with child death and
9 injury from unrestrained occupancy in motor vehicles, conduct
10 a continuing safety and public awareness campaign as to the
11 magnitude of the problem.
12 (b) The department may authorize the expenditure of
13 funds for the purchase of promotional items as part of the
14 public information and education campaigns provided for in
15 this subsection and ss. 316.614, 322.025, and 403.7145.
16 Section 41. Section 316.6131, Florida Statutes, is
17 created to read:
18 316.6131 Educational expenditures.--The department may
19 authorize the expenditure of funds for the purchase of
20 educational items as part of the public information and
21 education campaigns promoting highway safety and awareness, as
22 well as departmental community-based initiatives. Funds may be
23 expended for, but are not limited to, educational campaigns
24 provided in this chapter, chapters 320 and 322, and s.
25 403.7145.
26 Section 42. Subsection (9) of section 316.650, Florida
27 Statutes, is amended to read:
28 316.650 Traffic citations.--
29 (9) Such citations shall not be admissible evidence in
30 any trial, except when used as evidence of falsification,
31 forgery, uttering, fraud, or perjury, or when used as physical
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1 evidence resulting from a forensic examination of the
2 citation.
3 Section 43. Section 317.0003, Florida Statutes, is
4 amended, to read:
5 317.0003 Definitions.--As used in this chapter ss.
6 317.0001-317.0013, the term:
7 (1) "ATV" means any motorized off-highway or
8 all-terrain vehicle 50 inches or less in width, having a dry
9 weight of 900 pounds or less, designed to travel on three or
10 more low-pressure tires, having a seat designed to be
11 straddled by the operator and handlebars for steering control,
12 and intended for use by a single operator and with no
13 passenger.
14 (2) "Dealer" means any person authorized by the
15 Department of Revenue to buy, sell, resell, or otherwise
16 distribute off-highway vehicles. Such person must have a valid
17 sales tax certificate of registration issued by the Department
18 of Revenue and a valid commercial or occupational license
19 required by any county, municipality, or political subdivision
20 of the state in which the person operates.
21 (3) "Department" means the Department of Highway
22 Safety and Motor Vehicles.
23 (4) "Florida resident" means a person who has had a
24 principal place of domicile in this state for a period of more
25 than 6 consecutive months, who has registered to vote in this
26 state, who has made a statement of domicile pursuant to s.
27 222.17, or who has filed for homestead tax exemption on
28 property in this state.
29 (5) "OHM" or "off-highway motorcycle" means any motor
30 vehicle used off the roads or highways of this state that has
31 a seat or saddle for the use of the rider and is designed to
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1 travel with not more than two wheels in contact with the
2 ground, but excludes a tractor or a moped.
3 (6) "Off-highway vehicle" means any ATV, two-rider
4 ATV, or OHM that is used off the roads or highways of this
5 state for recreational purposes and that is not registered and
6 licensed for highway use pursuant to chapter 320.
7 (7) "Owner" means a person, other than a lienholder,
8 having the property in or title to an off-highway vehicle,
9 including a person entitled to the use or possession of an
10 off-highway vehicle subject to an interest held by another
11 person, reserved or created by agreement and securing payment
12 of performance of an obligation, but the term excludes a
13 lessee under a lease not intended as security.
14 (8) "Public lands" means lands within the state that
15 are available for public use and that are owned, operated, or
16 managed by a federal, state, county, or municipal governmental
17 entity.
18 (9) "Two-rider ATV" means any ATV that is specifically
19 designed by the manufacturer for a single operator and one
20 passenger.
21 Section 44. Subsection (1) of section 317.0004,
22 Florida Statutes, is amended to read:
23 317.0004 Administration of off-highway vehicle titling
24 laws; records.--
25 (1) The administration of off-highway vehicle titling
26 laws in this chapter ss. 317.0001-317.0013 is under the
27 Department of Highway Safety and Motor Vehicles, which shall
28 provide for the issuing, handling, and recording of all
29 off-highway vehicle titling applications and certificates,
30 including the receipt and accounting of off-highway vehicle
31 titling fees. The provisions of chapter 319 are applicable to
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1 this chapter, unless otherwise explicitly stated.
2 Section 45. Section 317.0005, Florida Statutes, is
3 amended to read:
4 317.0005 Rules, forms, and notices.--
5 (1) The department may adopt rules pursuant to ss.
6 120.536(1) and 120.54, which pertain to off-highway vehicle
7 titling, in order to implement the provisions of this chapter
8 ss. 317.0001-317.0013 conferring duties upon it.
9 (2) The department shall prescribe and provide
10 suitable forms for applications and other notices and forms
11 necessary to administer the provisions of this chapter ss.
12 317.0001-317.0013.
13 Section 46. Subsection (1) of section 317.0006,
14 Florida Statutes, is amended to read:
15 317.0006 Certificate of title required.--
16 (1) Any off-highway vehicle that is purchased by a
17 resident of this state after the effective date of this act or
18 that is owned by a resident and is operated on the public
19 lands of this state must be titled pursuant to this chapter
20 ss. 317.0001-317.0013.
21 Section 47. Subsection (6) is added to section
22 317.0007, Florida Statutes, to read:
23 317.0007 Application for and issuance of certificate
24 of title.--
25 (6) In addition to a certificate of title, the
26 department may issue a validation sticker to be placed on the
27 off-highway vehicle as proof of the issuance of title required
28 pursuant to s. 317.0006(1). A validation sticker that is lost
29 or destroyed may, upon application, be replaced by the
30 department or county tax collector. The department and county
31 tax collector may charge and deposit the fees established in
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1 ss. 320.03(5), 320.031, and 320.04 for all original and
2 replacement decals.
3 Section 48. Subsection (2) of section 317.0008,
4 Florida Statutes, is repealed.
5 Section 49. Section 317.0010, Florida Statutes, is
6 amended to read:
7 317.0010 Disposition of fees.--The department shall
8 deposit all funds received under this chapter ss.
9 317.0001-317.0013, less administrative costs of $2 per title
10 transaction, into the Incidental Trust Fund of the Division of
11 Forestry of the Department of Agriculture and Consumer
12 Services.
13 Section 50. Subsection (3) of section 317.0012,
14 Florida Statutes, is amended to read:
15 317.0012 Crimes relating to certificates of title;
16 penalties.--
17 (3) It is unlawful to:
18 (a) Alter or forge any certificate of title to an
19 off-highway vehicle or any assignment thereof or any
20 cancellation of any lien on an off-highway vehicle.
21 (b) Retain or use such certificate, assignment, or
22 cancellation knowing that it has been altered or forged.
23 (c) Use a false or fictitious name, give a false or
24 fictitious address, or make any false statement in any
25 application or affidavit required by this chapter ss.
26 317.0001-317.0013 or in a bill of sale or sworn statement of
27 ownership or otherwise commit a fraud in any application.
28 (d) Knowingly obtain goods, services, credit, or money
29 by means of an invalid, duplicate, fictitious, forged,
30 counterfeit, stolen, or unlawfully obtained certificate of
31 title, bill of sale, or other indicia of ownership of an
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1 off-highway vehicle.
2 (e) Knowingly obtain goods, services, credit, or money
3 by means of a certificate of title to an off-highway vehicle
4 which certificate is required by law to be surrendered to the
5 department.
6
7 Any person who violates this subsection commits a felony of
8 the third degree, punishable as provided in s. 775.082, s.
9 775.083, or s. 775.084. A violation of this subsection with
10 respect to any off-highway vehicle makes such off-highway
11 vehicle contraband which may be seized by a law enforcement
12 agency and forfeited under ss. 932.701-932.704.
13 Section 51. Section 317.0013, Florida Statutes, is
14 amended to read:
15 317.0013 Nonmoving traffic violations.--Any person who
16 fails to comply with any provision of this chapter ss.
17 317.0001-317.0012 for which a penalty is not otherwise
18 provided commits a nonmoving traffic violation, punishable as
19 provided in s. 318.18.
20 Section 52. Section 317.0014, Florida Statutes, is
21 created to read:
22 317.0014 Certificate of title; issuance in duplicate;
23 delivery; liens and encumbrances.--
24 (1) The department shall assign a number to each
25 certificate of title and shall issue each certificate of title
26 and each corrected certificate in duplicate. The database
27 record shall serve as the duplicate title certificate required
28 in this section. One printed copy may be retained on file by
29 the department.
30 (2) A duly authorized person shall sign the original
31 certificate of title and each corrected certificate and, if
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1 there are no liens or encumbrances on the off-highway vehicle,
2 as shown in the records of the department or as shown in the
3 application, shall deliver the certificate to the applicant or
4 to another person as directed by the applicant or person,
5 agent, or attorney submitting the application. If there are
6 one or more liens or encumbrances on the off-highway vehicle,
7 the certificate shall be delivered by the department to the
8 first lienholder as shown by department records or to the
9 owner as indicated in the notice of lien filed by the first
10 lienholder. If the notice of lien filed by the first
11 lienholder indicates that the certificate should be delivered
12 to the first lienholder, the department shall deliver to the
13 first lienholder, along with the certificate, a form to be
14 subsequently used by the lienholder as a satisfaction. If the
15 notice of lien filed by the first lienholder directs the
16 certificate of title to be delivered to the owner, then, upon
17 delivery of the certificate of title by the department to the
18 owner, the department shall deliver to the first lienholder
19 confirmation of the receipt of the notice of lien and the date
20 the certificate of title was issued to the owner at the
21 owner's address shown on the notice of lien and a form to be
22 subsequently used by the lienholder as a satisfaction. If the
23 application for certificate shows the name of a first
24 lienholder different from the name of the first lienholder as
25 shown by the records of the department, the certificate may
26 not be issued to any person until after all parties who appear
27 to hold a lien and the applicant for the certificate have been
28 notified of the conflict in writing by the department by
29 certified mail. If the parties do not amicably resolve the
30 conflict within 10 days after the date the notice was mailed,
31 the department shall serve notice in writing by certified mail
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1 on all persons appearing to hold liens on that particular
2 vehicle, including the applicant for the certificate, to show
3 cause within 15 days following the date the notice is mailed
4 as to why it should not issue and deliver the certificate to
5 the person indicated in the notice of lien filed by the
6 lienholder whose name appears in the application as the first
7 lienholder without showing any lien or liens as outstanding
8 other than those appearing in the application or those that
9 have been filed subsequent to the filing of the application
10 for the certificate. If, within the 15-day period, any person
11 other than the lienholder shown in the application or a party
12 filing a subsequent lien, in answer to the notice to show
13 cause, appears in person or by a representative, or responds
14 in writing, and files a written statement under oath that his
15 or her lien on that particular vehicle is still outstanding,
16 the department may not issue the certificate to anyone until
17 after the conflict has been settled by the lien claimants
18 involved or by a court of competent jurisdiction. If the
19 conflict is not settled amicably within 10 days after the
20 final date for filing an answer to the notice to show cause,
21 the complaining party shall have 10 days in which to obtain a
22 ruling, or a stay order, from a court of competent
23 jurisdiction. If a ruling or stay order is not issued and
24 served on the department within the 10-day period, it shall
25 issue the certificate showing no liens except those shown in
26 the application or thereafter filed to the original applicant
27 if there are no liens shown in the application and none are
28 thereafter filed, or to the person indicated in the notice of
29 lien filed by the lienholder whose name appears in the
30 application as the first lienholder if there are liens shown
31 in the application or thereafter filed. A duplicate
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1 certificate or corrected certificate shall show only the lien
2 or liens as shown in the application and any subsequently
3 filed liens that may be outstanding.
4 (3) Except as provided in subsection (4), the
5 certificate of title shall be retained by the first lienholder
6 or the owner as indicated in the notice of lien filed by the
7 first lienholder. If the first lienholder is in possession of
8 the certificate, the first lienholder is entitled to retain
9 the certificate until the first lien is satisfied.
10 (4) If the owner of the vehicle, as shown on the title
11 certificate, desires to place a second or subsequent lien or
12 encumbrance against the vehicle when the title certificate is
13 in the possession of the first lienholder, the owner shall
14 send a written request to the first lienholder by certified
15 mail, and the first lienholder shall forward the certificate
16 to the department for endorsement. If the title certificate is
17 in the possession of the owner, the owner shall forward the
18 certificate to the department for endorsement. The department
19 shall return the certificate to either the first lienholder or
20 to the owner, as indicated in the notice of lien filed by the
21 first lienholder, after endorsing the second or subsequent
22 lien on the certificate and on the duplicate. If the first
23 lienholder or owner fails, neglects, or refuses to forward the
24 certificate of title to the department within 10 days after
25 the date of the owner's request, the department, on the
26 written request of the subsequent lienholder or an assignee of
27 the lien, shall demand of the first lienholder the return of
28 the certificate for the notation of the second or subsequent
29 lien or encumbrance.
30 (5)(a) Upon satisfaction of any first lien or
31 encumbrance recorded by the department, the owner of the
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1 vehicle, as shown on the title certificate, or the person
2 satisfying the lien is entitled to demand and receive from the
3 lienholder a satisfaction of the lien. If the lienholder, upon
4 satisfaction of the lien and upon demand, fails or refuses to
5 furnish a satisfaction of the lien within 30 days after
6 demand, he or she is liable for all costs, damages, and
7 expenses, including reasonable attorney's fees, lawfully
8 incurred by the titled owner or person satisfying the lien in
9 any suit brought in this state for cancellation of the lien.
10 The lienholder receiving final payment as defined in s.
11 674.215 shall mail or otherwise deliver a lien satisfaction
12 and the certificate of title indicating the satisfaction
13 within 10 working days after receipt of final payment or
14 notify the person satisfying the lien that the title is not
15 available within 10 working days after receipt of final
16 payment. If the lienholder is unable to provide the
17 certificate of title and notifies the person of such, the
18 lienholder shall provide a lien satisfaction and is
19 responsible for the cost of a duplicate title, including
20 expedited title charges as provided in s. 317.0016. This
21 paragraph does not apply to electronic transactions under
22 subsection (8).
23 (b) Following satisfaction of a lien, the lienholder
24 shall enter a satisfaction thereof in the space provided on
25 the face of the certificate of title. If the certificate of
26 title was retained by the owner, the owner shall, within 5
27 days after satisfaction of the lien, deliver the certificate
28 of title to the lienholder and the lienholder shall enter a
29 satisfaction thereof in the space provided on the face of the
30 certificate of title. If no subsequent liens are shown on the
31 certificate of title, the certificate shall be delivered by
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1 the lienholder to the person satisfying the lien or
2 encumbrance and an executed satisfaction on a form provided by
3 the department shall be forwarded to the department by the
4 lienholder within 10 days after satisfaction of the lien.
5 (c) If the certificate of title shows a subsequent
6 lien not then being discharged, an executed satisfaction of
7 the first lien shall be delivered by the lienholder to the
8 person satisfying the lien and the certificate of title
9 showing satisfaction of the first lien shall be forwarded by
10 the lienholder to the department within 10 days after
11 satisfaction of the lien.
12 (d) If, upon receipt of a title certificate showing
13 satisfaction of the first lien, the department determines from
14 its records that there are no subsequent liens or encumbrances
15 upon the vehicle, the department shall forward to the owner,
16 as shown on the face of the title, a corrected certificate
17 showing no liens or encumbrances. If there is a subsequent
18 lien not being discharged, the certificate of title shall be
19 reissued showing the second or subsequent lienholder as the
20 first lienholder and shall be delivered to either the new
21 first lienholder or to the owner as indicated in the notice of
22 lien filed by the new first lienholder. If the certificate of
23 title is to be retained by the first lienholder on the
24 reissued certificate, the first lienholder is entitled to
25 retain the certificate of title except as provided in
26 subsection (4) until his or her lien is satisfied. Upon
27 satisfaction of the lien, the lienholder is subject to the
28 procedures required of a first lienholder by subsection (4)
29 and this subsection.
30 (6) When the original certificate of title cannot be
31 returned to the department by the lienholder and evidence
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1 satisfactory to the department is produced that all liens or
2 encumbrances have been satisfied, upon application by the
3 owner for a duplicate copy of the certificate upon the form
4 prescribed by the department, accompanied by the fee
5 prescribed in this chapter, a duplicate copy of the
6 certificate of title, without statement of liens or
7 encumbrances, shall be issued by the department and delivered
8 to the owner.
9 (7) Any person who fails, within 10 days after receipt
10 of a demand by the department by certified mail, to return a
11 certificate of title to the department as required by
12 subsection (4) or who, upon satisfaction of a lien, fails
13 within 10 days after receipt of such demand to forward the
14 appropriate document to the department as required by
15 paragraph (5)(b) or paragraph (5)(c) commits a misdemeanor of
16 the second degree, punishable as provided in s. 775.082 or s.
17 775.083.
18 (8) Notwithstanding any requirements in this section
19 or in s. 319.27 indicating that a lien on a vehicle shall be
20 noted on the face of the Florida certificate of title, if
21 there are one or more liens or encumbrances on the off-highway
22 vehicle, the department may electronically transmit the lien
23 to the first lienholder and notify the first lienholder of any
24 additional liens. Subsequent lien satisfactions may be
25 electronically transmitted to the department and must include
26 the name and address of the person or entity satisfying the
27 lien. When electronic transmission of liens and lien
28 satisfactions are used, the issuance of a certificate of title
29 may be waived until the last lien is satisfied and a clear
30 certificate of title is issued to the owner of the vehicle.
31 (9) In sending any notice, the department is required
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1 to use only the last known address, as shown by its records.
2 Section 53. Section 317.0015, Florida Statutes, is
3 created to read:
4 317.0015 Application of law.--Sections 319.235,
5 319.241, 319.25, 319.27, 319.28, and 319.40 apply to all
6 off-highway vehicles that are required to be titled under this
7 chapter.
8 Section 54. Section 317.0016, Florida Statutes, is
9 created to read:
10 317.0016 Expedited service; applications; fees.--The
11 department shall provide, through its agents and for use by
12 the public, expedited service on title transfers, title
13 issuances, duplicate titles, recordation of liens, and
14 certificates of repossession. A fee of $7 shall be charged for
15 this service, which is in addition to the fees imposed by ss.
16 317.0007 and 317.0008, and $3.50 of this fee shall be retained
17 by the processing agency. All remaining fees shall be
18 deposited in the Incidental Trust Fund of the Division of
19 Forestry of the Department of Agriculture and Consumer
20 Services. Application for expedited service may be made by
21 mail or in person. The department shall issue each title
22 applied for pursuant to this section within 5 working days
23 after receipt of the application except for an application for
24 a duplicate title certificate covered by s. 317.0008(3), in
25 which case the title must be issued within 5 working days
26 after compliance with the department's verification
27 requirements.
28 Section 55. Section 317.0017, Florida Statutes, is
29 created to read:
30 317.0017 Offenses involving vehicle identification
31 numbers, applications, certificates, papers; penalty.--
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1 (1) A person may not:
2 (a) Alter or forge any certificate of title to an
3 off-highway vehicle or any assignment thereof or any
4 cancellation of any lien on an off-highway vehicle.
5 (b) Retain or use such certificate, assignment, or
6 cancellation knowing that it has been altered or forged.
7 (c) Procure or attempt to procure a certificate of
8 title to an off-highway vehicle, or pass or attempt to pass a
9 certificate of title or any assignment thereof to an
10 off-highway vehicle, knowing or having reason to believe that
11 the off-highway vehicle has been stolen.
12 (d) Possess, sell or offer for sale, conceal, or
13 dispose of in this state an off-highway vehicle, or major
14 component part thereof, on which any motor number or vehicle
15 identification number affixed by the manufacturer or by a
16 state agency has been destroyed, removed, covered, altered, or
17 defaced, with knowledge of such destruction, removal,
18 covering, alteration, or defacement, except as provided in s.
19 319.30(4).
20 (e) Use a false or fictitious name, give a false or
21 fictitious address, or make any false statement in any
22 application or affidavit required under this chapter or in a
23 bill of sale or sworn statement of ownership or otherwise
24 commit a fraud in any application.
25 (2) A person may not knowingly obtain goods, services,
26 credit, or money by means of an invalid, duplicate,
27 fictitious, forged, counterfeit, stolen, or unlawfully
28 obtained certificate of title, registration, bill of sale, or
29 other indicia of ownership of an off-highway vehicle.
30 (3) A person may not knowingly obtain goods, services,
31 credit, or money by means of a certificate of title to an
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1 off-highway vehicle, which certificate is required by law to
2 be surrendered to the department.
3 (4) A person may not knowingly and with intent to
4 defraud have in his or her possession, sell, offer to sell,
5 counterfeit, or supply a blank, forged, fictitious,
6 counterfeit, stolen, or fraudulently or unlawfully obtained
7 certificate of title, bill of sale, or other indicia of
8 ownership of an off-highway vehicle or conspire to do any of
9 the foregoing.
10 (5) A person, firm, or corporation may not knowingly
11 possess, manufacture, sell or exchange, offer to sell or
12 exchange, supply in blank, or give away any counterfeit
13 manufacturer's or state-assigned identification number plates
14 or serial plates or any decal used for the purpose of
15 identifying an off-highway vehicle. An officer, agent, or
16 employee of any person, firm, or corporation, or any person
17 may not authorize, direct, aid in exchange, or give away, or
18 conspire to authorize, direct, aid in exchange, or give away,
19 such counterfeit manufacturer's or state-assigned
20 identification number plates or serial plates or any decal.
21 However, this subsection does not apply to any approved
22 replacement manufacturer's or state-assigned identification
23 number plates or serial plates or any decal issued by the
24 department or any state.
25 (6) A person who violates any provision of this
26 section commits a felony of the third degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084. Any
28 off-highway vehicle used in violation of this section
29 constitutes contraband that may be seized by a law enforcement
30 agency and that is subject to forfeiture proceedings pursuant
31 to ss. 932.701-932.704. This section is not exclusive of any
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1 other penalties prescribed by any existing or future laws for
2 the larceny or unauthorized taking of off-highway vehicles,
3 but is supplementary thereto.
4 Section 56. Section 317.0018, Florida Statutes, is
5 created to read:
6 317.0018 Transfer without delivery of certificate;
7 operation or use without certificate; failure to surrender;
8 other violations.--Except as otherwise provided in this
9 chapter, any person who:
10 (1) Purports to sell or transfer an off-highway
11 vehicle without delivering to the purchaser or transferee of
12 the vehicle a certificate of title to the vehicle duly
13 assigned to the purchaser as provided in this chapter;
14 (2) Operates or uses in this state an off-highway
15 vehicle for which a certificate of title is required without
16 the certificate having been obtained in accordance with this
17 chapter, or upon which the certificate of title has been
18 canceled;
19 (3) Fails to surrender a certificate of title upon
20 cancellation of the certificate by the department and notice
21 thereof as prescribed in this chapter;
22 (4) Fails to surrender the certificate of title to the
23 department as provided in this chapter in the case of the
24 destruction, dismantling, or change of an off-highway vehicle
25 in such respect that it is not the off-highway vehicle
26 described in the certificate of title; or
27 (5) Violates any other provision of this chapter or a
28 lawful rule adopted pursuant to this chapter;
29
30 shall be fined not more than $500 or imprisoned for not more
31 than 6 months, or both, for each offense, unless otherwise
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1 specified.
2 Section 57. Subsections (7), (9), and (10) of section
3 318.14, Florida Statutes, are amended to read:
4 318.14 Noncriminal traffic infractions; exception;
5 procedures.--
6 (7)(a) The official having jurisdiction over the
7 infraction shall certify to the department within 10 days
8 after payment of the civil penalty that the defendant has
9 admitted to the infraction. If the charge results in a
10 hearing, the official having jurisdiction shall certify to the
11 department the final disposition within 10 days after of the
12 hearing. All dispositions returned to the county requiring a
13 correction shall be resubmitted to the department within 10
14 days after the notification of the error.
15 (b) If the official having jurisdiction over the
16 traffic infraction submits the final disposition to the
17 department more than 180 days after the final hearing or after
18 payment of the civil penalty, the department may modify any
19 resulting suspension or revocation action to begin as if the
20 citation were reported in a timely manner.
21 (9) Any person who does not hold a commercial driver's
22 license and who is cited for an infraction under this section
23 other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),
24 s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu
25 of a court appearance, elect to attend in the location of his
26 or her choice within this state a basic driver improvement
27 course approved by the Department of Highway Safety and Motor
28 Vehicles. In such a case, adjudication must be withheld;
29 points, as provided by s. 322.27, may not be assessed; and the
30 civil penalty that is imposed by s. 318.18(3) must be reduced
31 by 18 percent; however, a person may not make an election
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1 under this subsection if the person has made an election under
2 this subsection in the preceding 12 months. A person may make
3 no more than five elections under this subsection. The
4 requirement for community service under s. 318.18(8) is not
5 waived by a plea of nolo contendere or by the withholding of
6 adjudication of guilt by a court.
7 (10)(a) Any person who does not hold a commercial
8 driver's license and who is cited for an offense listed under
9 this subsection may, in lieu of payment of fine or court
10 appearance, elect to enter a plea of nolo contendere and
11 provide proof of compliance to the clerk of the court or
12 authorized operator of a traffic violations bureau. In such
13 case, adjudication shall be withheld; however, no election
14 shall be made under this subsection if such person has made an
15 election under this subsection in the 12 months preceding
16 election hereunder. No person may make more than three
17 elections under this subsection. This subsection applies to
18 the following offenses:
19 1. Operating a motor vehicle without a valid driver's
20 license in violation of the provisions of s. 322.03, s.
21 322.065, or s. 322.15(1), or operating a motor vehicle with a
22 license which has been suspended for failure to appear,
23 failure to pay civil penalty, or failure to attend a driver
24 improvement course pursuant to s. 322.291.
25 2. Operating a motor vehicle without a valid
26 registration in violation of s. 320.0605, s. 320.07, or s.
27 320.131.
28 3. Operating a motor vehicle in violation of s.
29 316.646.
30 (b) Any person cited for an offense listed in this
31 subsection shall present proof of compliance prior to the
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1 scheduled court appearance date. For the purposes of this
2 subsection, proof of compliance shall consist of a valid,
3 renewed, or reinstated driver's license or registration
4 certificate and proper proof of maintenance of security as
5 required by s. 316.646. Notwithstanding waiver of fine, any
6 person establishing proof of compliance shall be assessed
7 court costs of $22, except that a person charged with
8 violation of s. 316.646(1)-(3) may be assessed court costs of
9 $7. One dollar of such costs shall be remitted to the
10 Department of Revenue for deposit into the Child Welfare
11 Training Trust Fund of the Department of Children and Family
12 Services. One dollar of such costs shall be distributed to the
13 Department of Juvenile Justice for deposit into the Juvenile
14 Justice Training Trust Fund. Twelve dollars of such costs
15 shall be distributed to the municipality and $8 shall be
16 deposited by the clerk of the court into the fine and
17 forfeiture fund established pursuant to s. 142.01, if the
18 offense was committed within the municipality. If the offense
19 was committed in an unincorporated area of a county or if the
20 citation was for a violation of s. 316.646(1)-(3), the entire
21 amount shall be deposited by the clerk of the court into the
22 fine and forfeiture fund established pursuant to s. 142.01,
23 except for the moneys to be deposited into the Child Welfare
24 Training Trust Fund and the Juvenile Justice Training Trust
25 Fund. This subsection shall not be construed to authorize the
26 operation of a vehicle without a valid driver's license,
27 without a valid vehicle tag and registration, or without the
28 maintenance of required security.
29 Section 58. Subsection (6) of section 319.23, Florida
30 Statutes, is amended to read:
31 319.23 Application for, and issuance of, certificate
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1 of title.--
2 (6) In the case of the sale of a motor vehicle or
3 mobile home by a licensed dealer to a general purchaser, the
4 certificate of title shall be obtained in the name of the
5 purchaser by the dealer upon application signed by the
6 purchaser, and in each other case such certificate shall be
7 obtained by the purchaser. In each case of transfer of a
8 motor vehicle or mobile home, the application for certificate
9 of title, or corrected certificate, or assignment or
10 reassignment, shall be filed within 30 days from the delivery
11 of such motor vehicle or mobile home to the purchaser. An
12 applicant shall be required to pay a fee of $10, in addition
13 to all other fees and penalties required by law, for failing
14 to file such application within the specified time. When a
15 licensed dealer acquires a motor vehicle or mobile home as a
16 trade-in, the dealer must file with the department, within 30
17 days, a notice of sale signed by the seller. The department
18 shall update its database for that title record to indicate
19 "sold." A licensed dealer need not apply for a certificate of
20 title for any motor vehicle or mobile home in stock acquired
21 for stock purposes except as provided in s. 319.225.
22 Section 59. Subsections (2) and (3) of section 319.27,
23 Florida Statutes, are amended to read:
24 319.27 Notice of lien on motor vehicles or mobile
25 homes; notation on certificate; recording of lien.--
26 (2) No lien for purchase money or as security for a
27 debt in the form of a security agreement, retain title
28 contract, conditional bill of sale, chattel mortgage, or other
29 similar instrument or any other nonpossessory lien, including
30 a lien for child support, upon a motor vehicle or mobile home
31 upon which a Florida certificate of title has been issued
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1 shall be enforceable in any of the courts of this state
2 against creditors or subsequent purchasers for a valuable
3 consideration and without notice, unless a sworn notice of
4 such lien has been filed in the department and such lien has
5 been noted upon the certificate of title of the motor vehicle
6 or mobile home. Such notice shall be effective as constructive
7 notice when filed. No interest of a statutory nonpossessory
8 lienor; the interest of a nonpossessory execution, attachment,
9 or equitable lienor; or the interest of a lien creditor as
10 defined in s. 679.1021(1)(zz) s. 679.301(3), if nonpossessory,
11 shall be enforceable against creditors or subsequent
12 purchasers for a valuable consideration unless such interest
13 becomes a possessory lien or is noted upon the certificate of
14 title for the subject motor vehicle or mobile home prior to
15 the occurrence of the subsequent transaction. Provided the
16 provisions of this subsection relating to a nonpossessory
17 statutory lienor; a nonpossessory execution, attachment, or
18 equitable lienor; or the interest of a lien creditor as
19 defined in s. 679.1021(1)(zz) s. 679.301(3) shall not apply to
20 liens validly perfected prior to October 1, 1988. The notice
21 of lien shall provide the following information:
22 (a) The date of the lien if a security agreement,
23 retain title contract, conditional bill of sale, chattel
24 mortgage, or other similar instrument was executed prior to
25 the filing of the notice of lien;
26 (b) The name and address of the registered owner;
27 (c) A description of the motor vehicle or mobile home,
28 showing the make, type, and vehicle identification number; and
29 (d) The name and address of the lienholder.
30 (3)(a) A person may file a notice of lien with regard
31 to a motor vehicle or mobile home before a security agreement,
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1 retain title contract, conditional bill of sale, chattel
2 mortgage, or other similar instrument is executed granting a
3 lien, mortgage, or encumbrance on, or a security interest in,
4 such motor vehicle or mobile home.
5 (b) As applied to a determination of the respective
6 rights of a secured party under this chapter and a lien
7 creditor as defined by s. 679.1021(1)(zz) s. 679.301(3), or a
8 nonpossessory statutory lienor, a security interest under this
9 chapter shall be perfected upon the filing of the notice of
10 lien with the department, the county tax collector, or their
11 agents. Provided, however, the date of perfection of a
12 security interest of such secured party shall be the same date
13 as the execution of the security agreement or other similar
14 instrument if the notice of lien is filed in accordance with
15 this subsection within 15 days after the debtor receives
16 possession of the motor vehicle or mobile home and executes
17 such security agreement or other similar instrument. The date
18 of filing of the notice of lien shall be the date of its
19 receipt by the department central office in Tallahassee, if
20 first filed there, or otherwise by the office of the county
21 tax collector, or their agents.
22 Section 60. Paragraph (b) of subsection (1) of section
23 320.06, Florida Statutes, is amended to read:
24 320.06 Registration certificates, license plates, and
25 validation stickers generally.--
26 (1)
27 (b) Registration license plates bearing a graphic
28 symbol and the alphanumeric system of identification shall be
29 issued for a 5-year period. At the end of said 5-year period,
30 upon renewal, the plate shall be replaced. The fee for such
31 replacement shall be $10, $2 of which shall be paid each year
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1 before the plate is replaced, to be credited towards the next
2 $10 replacement fee. The fees shall be deposited into the
3 Highway Safety Operating Trust Fund. A credit or refund shall
4 not be given for any prior years' payments of such prorated
5 replacement fee when the plate is replaced or surrendered
6 before the end of the 5-year period, except that a credit may
7 be given when a registrant is required by the department to
8 replace a license plate under s. 320.08056(8)(a). With each
9 license plate, there shall be issued a validation sticker
10 showing the owner's birth month, license plate number, and the
11 year of expiration or the appropriate renewal period if the
12 owner is not a natural person. The validation sticker is to be
13 placed on the upper right corner of the license plate. Such
14 license plate and validation sticker shall be issued based on
15 the applicant's appropriate renewal period. The registration
16 period shall be a period of 12 months, and all expirations
17 shall occur based on the applicant's appropriate registration
18 period. A vehicle with an apportioned registration shall be
19 issued an annual license plate and a cab card that denote the
20 declared gross vehicle weight for each apportioned
21 jurisdiction in which the vehicle is authorized to operate.
22 Section 61. Section 320.0601, Florida Statutes, is
23 amended to read:
24 320.0601 Lease and rental car companies;
25 identification of vehicles as for-hire.--
26 (1) A rental car company may not rent in this state
27 any for-hire vehicle, other than vehicles designed to
28 transport cargo, that has affixed to its exterior any bumper
29 stickers, insignias, or advertising that identifies the
30 vehicle as a rental vehicle.
31 (2) As used in this section, the term:
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1 (a) "Bumper stickers, insignias, or advertising" does
2 not include:
3 1. Any emblem of no more than two colors which is less
4 than 2 inches by 4 inches, which is placed on the rental car
5 for inventory purposes only, and which does not display the
6 name or logo of the rental car company; or
7 2. Any license required by the law of the state in
8 which the vehicle is registered.
9 (b) "Rent in this state" means to sign a rental
10 contract in this state or to deliver a car to a renter in this
11 state.
12 (3) A rental car company that leases a motor vehicle
13 that is found to be in violation of this section shall be
14 punished by a fine of $500 per occurrence.
15 (4) Any registration or renewal as required under s.
16 320.02 for an original or transfer of a long-term leased motor
17 vehicle must be in the name and address of the lessee.
18 Section 62. Section 320.0605, Florida Statutes, is
19 amended to read:
20 320.0605 Certificate of registration; possession
21 required; exception.--The registration certificate or an
22 official copy thereof, a true copy of a rental or lease
23 agreement issued for a motor vehicle or issued for a
24 replacement vehicle in the same registration period, a
25 temporary receipt printed upon self-initiated electronic
26 renewal of a registration via the Internet, or a cab card
27 issued for a vehicle registered under the International
28 Registration Plan shall, at all times while the vehicle is
29 being used or operated on the roads of this state, be in the
30 possession of the operator thereof or be carried in the
31 vehicle for which issued and shall be exhibited upon demand of
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1 any authorized law enforcement officer or any agent of the
2 department, except for a vehicle registered under s. 320.0657.
3 The provisions of this section do not apply during the first
4 30 days after purchase of a replacement vehicle. A violation
5 of this section is a noncriminal traffic infraction,
6 punishable as a nonmoving violation as provided in chapter
7 318.
8 Section 63. Section 320.0843, Florida Statutes, is
9 amended to read:
10 320.0843 License plates for persons with disabilities
11 eligible for permanent disabled parking permits.--
12 (1) Any owner or lessee of a motor vehicle who resides
13 in this state and qualifies for a disabled parking permit
14 under s. 320.0848(2), upon application to the department and
15 payment of the license tax for a motor vehicle registered
16 under s. 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b),
17 (6)(a), or (9)(c) or (d), shall be issued a license plate as
18 provided by s. 320.06 which, in lieu of the serial number
19 prescribed by s. 320.06, shall be stamped with the
20 international wheelchair user symbol after the serial number
21 of the license plate. The license plate entitles the person
22 to all privileges afforded by a parking permit issued under s.
23 320.0848. When more that one registrant is listed on the
24 registration issued under this section, the eligible applicant
25 shall be noted on the registration certificate.
26 (2) All applications for such license plates must be
27 made to the department.
28 Section 64. Subsection (8) is added to section
29 320.131, Florida Statutes, to read:
30 320.131 Temporary tags.--
31 (8) The department may administer an electronic system
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1 for licensed motor vehicle dealers to use in issuing temporary
2 license plates. Upon issuing a temporary license plate, the
3 dealer shall access the electronic system and enter the
4 appropriate vehicle and owner information within the timeframe
5 specified by department rule. If a dealer fails to comply with
6 the department's requirements for issuing temporary license
7 plates using the electronic system, the department may deny,
8 suspend, or revoke a license under s. 320.27(9)(b)16. upon
9 proof that the licensee has failed to comply with the
10 department's requirements. The department may adopt rules to
11 administer this section.
12 Section 65. Subsection (1) of section 320.18, Florida
13 Statutes, is amended to read:
14 320.18 Withholding registration.--
15 (1) The department may withhold the registration of
16 any motor vehicle or mobile home the owner of which has failed
17 to register it under the provisions of law for any previous
18 period or periods for which it appears registration should
19 have been made in this state, until the tax for such period or
20 periods is paid. The department may cancel any vehicle or
21 vessel registration, driver's license, identification card,
22 license plate or fuel-use tax decal if the owner pays for the
23 vehicle or vessel registration, driver's license,
24 identification card, or license plate, fuel-use tax decal;
25 pays any administrative, delinquency, or reinstatement fee;,
26 or pays any tax liability, penalty, or interest specified in
27 chapter 207 by a dishonored check, or if the vehicle owner or
28 motor carrier has failed to pay a penalty for a weight or
29 safety violation issued by the Department of Transportation
30 Motor Carrier Compliance Office. The Department of
31 Transportation and the Department of Highway Safety and Motor
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1 Vehicles may impound any commercial motor vehicle that has a
2 canceled license plate or fuel-use tax decal until the tax
3 liability, penalty, and interest specified in chapter 207, the
4 license tax, or the fuel-use decal fee, and applicable
5 administrative fees have been paid for by certified funds.
6 Section 66. Paragraph (a) of subsection (4),
7 subsection (6), and paragraph (b) of subsection (9) of section
8 320.27, Florida Statutes, are amended to read:
9 320.27 Motor vehicle dealers.--
10 (4) LICENSE CERTIFICATE.--
11 (a) A license certificate shall be issued by the
12 department in accordance with such application when the
13 application is regular in form and in compliance with the
14 provisions of this section. The license certificate may be in
15 the form of a document or a computerized card as determined by
16 the department. The actual cost of each original, additional,
17 or replacement computerized card shall be borne by the
18 licensee and is in addition to the fee for licensure. Such
19 license, when so issued, entitles the licensee to carry on and
20 conduct the business of a motor vehicle dealer. Each license
21 issued to a franchise motor vehicle dealer expires annually on
22 December 31 unless revoked or suspended prior to that date.
23 Each license issued to an independent or wholesale dealer or
24 auction expires annually on April 30 unless revoked or
25 suspended prior to that date. Not less than 60 days prior to
26 the license expiration date, the department shall deliver or
27 mail to each licensee the necessary renewal forms. Each
28 independent dealer shall certify that the dealer principal
29 (owner, partner, officer of the corporation, or director) has
30 completed 8 hours of continuing education prior to filing the
31 renewal forms with the department. Such certification shall be
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1 filed once every 2 years commencing with the 2006 renewal
2 period. The continuing education shall include at least 2
3 hours of legal or legislative issues, 1 hour of department
4 issues, and 5 hours of relevant motor vehicle industry topics.
5 Continuing education shall be provided by dealer schools
6 licensed under paragraph (b) either in a classroom setting or
7 by correspondence. Such schools shall provide certificates of
8 completion to the department and the customer which shall be
9 filed with the license renewal form, and such schools may
10 charge a fee for providing continuing education. Any licensee
11 who does not file his or her application and fees and any
12 other requisite documents, as required by law, with the
13 department at least 30 days prior to the license expiration
14 date shall cease to engage in business as a motor vehicle
15 dealer on the license expiration date. A renewal filed with
16 the department within 45 days after the expiration date shall
17 be accompanied by a delinquent fee of $100. Thereafter, a new
18 application is required, accompanied by the initial license
19 fee. A license certificate duly issued by the department may
20 be modified by endorsement to show a change in the name of the
21 licensee, provided, as shown by affidavit of the licensee, the
22 majority ownership interest of the licensee has not changed or
23 the name of the person appearing as franchisee on the sales
24 and service agreement has not changed. Modification of a
25 license certificate to show any name change as herein provided
26 shall not require initial licensure or reissuance of dealer
27 tags; however, any dealer obtaining a name change shall
28 transact all business in and be properly identified by that
29 name. All documents relative to licensure shall reflect the
30 new name. In the case of a franchise dealer, the name change
31 shall be approved by the manufacturer, distributor, or
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1 importer. A licensee applying for a name change endorsement
2 shall pay a fee of $25 which fee shall apply to the change in
3 the name of a main location and all additional locations
4 licensed under the provisions of subsection (5). Each initial
5 license application received by the department shall be
6 accompanied by verification that, within the preceding 6
7 months, the applicant, or one or more of his or her designated
8 employees, has attended a training and information seminar
9 conducted by a licensed motor vehicle dealer training school
10 the department. Such seminar shall include, but is not limited
11 to, statutory dealer requirements, which requirements include
12 required bookkeeping and recordkeeping procedures,
13 requirements for the collection of sales and use taxes, and
14 such other information that in the opinion of the department
15 will promote good business practices. No seminar may exceed 8
16 hours in length.
17 (6) RECORDS TO BE KEPT BY LICENSEE.--Every licensee
18 shall keep a book or record in such form as shall be
19 prescribed or approved by the department for a period of 5
20 years, in which the licensee shall keep a record of the
21 purchase, sale, or exchange, or receipt for the purpose of
22 sale, of any motor vehicle, the date upon which any temporary
23 tag was issued, the date of title transfer, and a description
24 of such motor vehicle together with the name and address of
25 the seller, the purchaser, and the alleged owner or other
26 person from whom such motor vehicle was purchased or received
27 or to whom it was sold or delivered, as the case may be. Such
28 description shall include the identification or engine number,
29 maker's number, if any, chassis number, if any, and such other
30 numbers or identification marks as may be thereon and shall
31 also include a statement that a number has been obliterated,
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1 defaced, or changed, if such is the fact.
2 (9) DENIAL, SUSPENSION, OR REVOCATION.--
3 (b) The department may deny, suspend, or revoke any
4 license issued hereunder or under the provisions of s. 320.77
5 or s. 320.771 upon proof that a licensee has committed, with
6 sufficient frequency so as to establish a pattern of
7 wrongdoing on the part of a licensee, violations of one or
8 more of the following activities:
9 1. Representation that a demonstrator is a new motor
10 vehicle, or the attempt to sell or the sale of a demonstrator
11 as a new motor vehicle without written notice to the purchaser
12 that the vehicle is a demonstrator. For the purposes of this
13 section, a "demonstrator," a "new motor vehicle," and a "used
14 motor vehicle" shall be defined as under s. 320.60.
15 2. Unjustifiable refusal to comply with a licensee's
16 responsibility under the terms of the new motor vehicle
17 warranty issued by its respective manufacturer, distributor,
18 or importer. However, if such refusal is at the direction of
19 the manufacturer, distributor, or importer, such refusal shall
20 not be a ground under this section.
21 3. Misrepresentation or false, deceptive, or
22 misleading statements with regard to the sale or financing of
23 motor vehicles which any motor vehicle dealer has, or causes
24 to have, advertised, printed, displayed, published,
25 distributed, broadcast, televised, or made in any manner with
26 regard to the sale or financing of motor vehicles.
27 4. Failure by any motor vehicle dealer to provide a
28 customer or purchaser with an odometer disclosure statement
29 and a copy of any bona fide written, executed sales contract
30 or agreement of purchase connected with the purchase of the
31 motor vehicle purchased by the customer or purchaser.
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1 5. Failure of any motor vehicle dealer to comply with
2 the terms of any bona fide written, executed agreement,
3 pursuant to the sale of a motor vehicle.
4 6. Failure to apply for transfer of a title as
5 prescribed in s. 319.23(6).
6 7. Use of the dealer license identification number by
7 any person other than the licensed dealer or his or her
8 designee.
9 8. Failure to continually meet the requirements of the
10 licensure law.
11 9. Representation to a customer or any advertisement
12 to the public representing or suggesting that a motor vehicle
13 is a new motor vehicle if such vehicle lawfully cannot be
14 titled in the name of the customer or other member of the
15 public by the seller using a manufacturer's statement of
16 origin as permitted in s. 319.23(1).
17 10. Requirement by any motor vehicle dealer that a
18 customer or purchaser accept equipment on his or her motor
19 vehicle which was not ordered by the customer or purchaser.
20 11. Requirement by any motor vehicle dealer that any
21 customer or purchaser finance a motor vehicle with a specific
22 financial institution or company.
23 12. Requirement by any motor vehicle dealer that the
24 purchaser of a motor vehicle contract with the dealer for
25 physical damage insurance.
26 13. Perpetration of a fraud upon any person as a
27 result of dealing in motor vehicles, including, without
28 limitation, the misrepresentation to any person by the
29 licensee of the licensee's relationship to any manufacturer,
30 importer, or distributor.
31 14. Violation of any of the provisions of s. 319.35 by
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1 any motor vehicle dealer.
2 15. Sale by a motor vehicle dealer of a vehicle
3 offered in trade by a customer prior to consummation of the
4 sale, exchange, or transfer of a newly acquired vehicle to the
5 customer, unless the customer provides written authorization
6 for the sale of the trade-in vehicle prior to delivery of the
7 newly acquired vehicle.
8 16. Willful failure to comply with any administrative
9 rule adopted by the department or the provisions of s.
10 320.131(8).
11 17. Violation of chapter 319, this chapter, or ss.
12 559.901-559.9221, which has to do with dealing in or repairing
13 motor vehicles or mobile homes. Additionally, in the case of
14 used motor vehicles, the willful violation of the federal law
15 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining
16 to the consumer sales window form.
17 Section 67. Subsections (8), (10), and (29) of section
18 322.01, Florida Statutes, are amended to read:
19 322.01 Definitions.--As used in this chapter:
20 (8) "Commercial motor vehicle" means any motor vehicle
21 or motor vehicle combination used on the streets or highways,
22 which:
23 (a) Has a gross vehicle weight rating of 26,001 pounds
24 or more;
25 (b) Has a declared weight of 26,001 pounds or more;
26 (c) Has an actual weight of 26,001 pounds or more;
27 (b)(d) Is designed to transport more than 15 persons,
28 including the driver; or
29 (c)(e) Is transporting hazardous materials and is
30 required to be placarded in accordance with Title 49 C.F.R.
31 part 172, subpart F.
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1 (10)(a) "Conviction" means a conviction of an offense
2 relating to the operation of motor vehicles on highways which
3 is a violation of this chapter or any other such law of this
4 state or any other state, including an admission or
5 determination of a noncriminal traffic infraction pursuant to
6 s. 318.14, or a judicial disposition of an offense committed
7 under any federal law substantially conforming to the
8 aforesaid state statutory provisions.
9 (b) Notwithstanding any other provisions of this
10 chapter, the definition of "conviction" provided in 49 C.F.R.
11 part 383.5 applies to offenses committed in a commercial motor
12 vehicle.
13 (29) "Out-of-service order" means a prohibition issued
14 by an authorized local, state, or Federal Government official
15 which that precludes a person from driving a commercial motor
16 vehicle for a period of 72 hours or less.
17 Section 68. Subsections (4) and (10) of section
18 322.05, Florida Statutes, are amended to read:
19 322.05 Persons not to be licensed.--The department may
20 not issue a license:
21 (4) Except as provided by this subsection, to any
22 person, as a Class A licensee, Class B licensee, or Class C
23 licensee, or Class D licensee, who is under the age of 18
24 years. A person age 16 or 17 years who applies for a Class D
25 driver's license is subject to all the requirements and
26 provisions of paragraphs (2)(a) and (b) and ss. 322.09 and
27 322.16(2) and (3). The department may require of any such
28 applicant for a Class D driver's license such examination of
29 the qualifications of the applicant as the department
30 considers proper, and the department may limit the use of any
31 license granted as it considers proper.
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1 (10) To any person, when the department has good cause
2 to believe that the operation of a motor vehicle on the
3 highways by such person would be detrimental to public safety
4 or welfare. Deafness alone shall not prevent the person
5 afflicted from being issued a Class D or Class E driver's
6 license.
7 Section 69. Paragraph (a) of subsection (1) and
8 paragraphs (b) and (c) of subsection (2) of section 322.051,
9 Florida Statutes, are amended, and subsection (8) is added to
10 that section, to read:
11 322.051 Identification cards.--
12 (1) Any person who is 12 years of age or older, or any
13 person who has a disability, regardless of age, who applies
14 for a disabled parking permit under s. 320.0848, may be issued
15 an identification card by the department upon completion of an
16 application and payment of an application fee.
17 (a) Each such application shall include the following
18 information regarding the applicant:
19 1. Full name (first, middle or maiden, and last),
20 gender, social security card number, county of residence and
21 mailing address, country of birth, and a brief description.
22 2. Proof of birth date satisfactory to the department.
23 3. Proof of identity satisfactory to the department.
24 Such proof must include one of the following documents issued
25 to the applicant:
26 a. A driver's license record or identification card
27 record from another jurisdiction that required the applicant
28 to submit a document for identification which is substantially
29 similar to a document required under sub-subparagraph b.,
30 sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,
31 or sub-subparagraph f., or sub-subparagraph g.;
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1 b. A certified copy of a United States birth
2 certificate;
3 c. A valid United States passport;
4 d. A naturalization certificate issued by the United
5 States Department of Homeland Security;
6 e.d. An alien registration receipt card (green card);
7 f.e. An employment authorization card issued by the
8 United States Department of Homeland Security; or
9 g.f. Proof of nonimmigrant classification provided by
10 the United States Department of Homeland Security, for an
11 original identification card. In order to prove such
12 nonimmigrant classification, applicants may produce but are
13 not limited to the following documents:
14 (I) A notice of hearing from an immigration court
15 scheduling a hearing on any proceeding.
16 (II) A notice from the Board of Immigration Appeals
17 acknowledging pendency of an appeal.
18 (III) Notice of the approval of an application for
19 adjustment of status issued by the United States Bureau of
20 Citizenship and Immigration Services.
21 (IV) Any official documentation confirming the filing
22 of a petition for asylum status or any other relief issued by
23 the United States Bureau of Citizenship and Immigration
24 Services.
25 (V) Notice of action transferring any pending matter
26 from another jurisdiction to Florida, issued by the United
27 States Bureau of Citizenship and Immigration Services.
28 (VI) Order of an immigration judge or immigration
29 officer granting any relief that authorizes the alien to live
30 and work in the United States including, but not limited to
31 asylum.
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1
2 Presentation of any of the foregoing documents described in
3 sub-subparagraph f. or sub-subparagraph g. entitles shall
4 entitle the applicant to an identification card a driver's
5 license or temporary permit for a period not to exceed the
6 expiration date of the document presented or 2 years,
7 whichever first occurs.
8 (2)
9 (b) Notwithstanding any other provision of this
10 chapter, if an applicant establishes his or her identity for
11 an identification card using a document authorized under
12 sub-subparagraph (1)(a)3.e. (1)(a)3.d., the identification
13 card shall expire on the fourth birthday of the applicant
14 following the date of original issue or upon first renewal or
15 duplicate issued after implementation of this section. After
16 an initial showing of such documentation, he or she is
17 exempted from having to renew or obtain a duplicate in person.
18 (c) Notwithstanding any other provisions of this
19 chapter, if an applicant establishes his or her identity for
20 an identification card using an identification document
21 authorized under sub-subparagraph (1)(a)3.f. or
22 sub-subparagraph (1)(a)3.g. sub-subparagraphs (1)(a)3.e.-f.,
23 the identification card shall expire 2 years after the date of
24 issuance or upon the expiration date cited on the United
25 States Department of Homeland Security documents, whichever
26 date first occurs, and may not be renewed or obtain a
27 duplicate except in person.
28 (8) The department shall, upon receipt of the required
29 fee, issue to each qualified applicant for an identification
30 card a color photographic or digital image identification card
31 bearing a fullface photograph or digital image of the
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1 identification cardholder. Notwithstanding chapter 761 or s.
2 761.05, the requirement for a fullface photograph or digital
3 image of the identification cardholder may not be waived. A
4 space shall be provided upon which the identification
5 cardholder shall affix his or her usual signature, as required
6 in s. 322.14, in the presence of an authorized agent of the
7 department so as to ensure that such signature becomes a part
8 of the identification card.
9 Section 70. Subsections (2) and (3) of section 322.07,
10 Florida Statutes, are amended to read:
11 322.07 Instruction permits and temporary licenses.--
12 (2) The department may, in its discretion, issue a
13 temporary permit to an applicant for a Class D or Class E
14 driver's license permitting him or her to operate a motor
15 vehicle of the type for which a Class D or Class E driver's
16 license is required while the department is completing its
17 investigation and determination of all facts relative to such
18 applicant's right to receive a driver's license. Such permit
19 must be in his or her immediate possession while operating a
20 motor vehicle, and it shall be invalid when the applicant's
21 license has been issued or for good cause has been refused.
22 (3) Any person who, except for his or her lack of
23 instruction in operating a Class D or commercial motor
24 vehicle, would otherwise be qualified to obtain a Class D or
25 commercial driver's license under this chapter, may apply for
26 a temporary Class D or temporary commercial instruction
27 permit. The department shall issue such a permit entitling the
28 applicant, while having the permit in his or her immediate
29 possession, to drive a Class D or commercial motor vehicle on
30 the highways, provided that:
31 (a) The applicant possesses a valid driver's license
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1 issued in any state; and
2 (b) The applicant, while operating a Class D or
3 commercial motor vehicle, is accompanied by a licensed driver
4 who is 21 years of age or older, who is licensed to operate
5 the class of vehicle being operated, and who is actually
6 occupying the closest seat to the right of the driver.
7 Section 71. Subsection (2) of section 322.08, Florida
8 Statutes, is amended to read:
9 322.08 Application for license.--
10 (2) Each such application shall include the following
11 information regarding the applicant:
12 (a) Full name (first, middle or maiden, and last),
13 gender, social security card number, county of residence and
14 mailing address, country of birth, and a brief description.
15 (b) Proof of birth date satisfactory to the
16 department.
17 (c) Proof of identity satisfactory to the department.
18 Such proof must include one of the following documents issued
19 to the applicant:
20 1. A driver's license record or identification card
21 record from another jurisdiction that required the applicant
22 to submit a document for identification which is substantially
23 similar to a document required under subparagraph 2.,
24 subparagraph 3., subparagraph 4., subparagraph 5., or
25 subparagraph 6., or subparagraph 7.;
26 2. A certified copy of a United States birth
27 certificate;
28 3. A valid United States passport;
29 4. A naturalization certificate issued by the United
30 States Department of Homeland Security;
31 5.4. An alien registration receipt card (green card);
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1 6.5. An employment authorization card issued by the
2 United States Department of Homeland Security; or
3 7.6. Proof of nonimmigrant classification provided by
4 the United States Department of Homeland Security, for an
5 original driver's license. In order to prove nonimmigrant
6 classification, an applicant may produce the following
7 documents, including, but not limited to:
8 a. A notice of hearing from an immigration court
9 scheduling a hearing on any proceeding.
10 b. A notice from the Board of Immigration Appeals
11 acknowledging pendency of an appeal.
12 c. A notice of the approval of an application for
13 adjustment of status issued by the United States Immigration
14 and Naturalization Service.
15 d. Any official documentation confirming the filing of
16 a petition for asylum status or any other relief issued by the
17 United States Immigration and Naturalization Service.
18 e. A notice of action transferring any pending matter
19 from another jurisdiction to this state issued by the United
20 States Immigration and Naturalization Service.
21 f. An order of an immigration judge or immigration
22 officer granting any relief that authorizes the alien to live
23 and work in the United States, including, but not limited to,
24 asylum.
25
26 Presentation of any of the documents in subparagraph 6. or
27 subparagraph 7. entitles the applicant to a driver's license
28 or temporary permit for a period not to exceed the expiration
29 date of the document presented or 2 years, whichever occurs
30 first.
31 (d) Whether the applicant has previously been licensed
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1 to drive, and, if so, when and by what state, and whether any
2 such license or driving privilege has ever been disqualified,
3 revoked, or suspended, or whether an application has ever been
4 refused, and, if so, the date of and reason for such
5 disqualification, suspension, revocation, or refusal.
6 (e) Each such application may include fingerprints and
7 other unique biometric means of identity.
8 Section 72. Paragraph (a) of subsection (1) of section
9 322.09, Florida Statutes, is amended to read:
10 322.09 Application of minors; responsibility for
11 negligence or misconduct of minor.--
12 (1)(a) The application of any person under the age of
13 18 years for a driver's license must be signed and verified
14 before a person authorized to administer oaths by the father,
15 mother, or guardian; by a secondary guardian if the primary
16 guardian dies before the minor reaches 18 years of age;, or,
17 if there is no parent or guardian, by another responsible
18 adult who is willing to assume the obligation imposed under
19 this chapter upon a person signing the application of a minor.
20 This section does not apply to a person under the age of 18
21 years who is emancipated by marriage.
22 Section 73. Section 322.11, Florida Statutes, is
23 amended to read:
24 322.11 Revocation of license upon death of person
25 signing minor's application.--The department, upon receipt of
26 satisfactory evidence of the death of the person who signed
27 the application of a minor for a license, shall, 90 days after
28 giving written notice to the minor, cancel such license and
29 may shall not issue a new license until such time as the new
30 application, duly signed and verified, is made as required by
31 this chapter. This provision does shall not apply if in the
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1 event the minor has attained the age of 18 years.
2 Section 74. Subsection (3) of section 322.12, Florida
3 Statutes, is amended to read:
4 322.12 Examination of applicants.--
5 (3) For an applicant for a Class D or a Class E
6 driver's license, such examination shall include a test of the
7 applicant's eyesight given by the driver's license examiner
8 designated by the department or by a licensed ophthalmologist,
9 optometrist, or physician and a test of the applicant's
10 hearing given by a driver's license examiner or a licensed
11 physician. The examination shall also include a test of the
12 applicant's ability to read and understand highway signs
13 regulating, warning, and directing traffic; his or her
14 knowledge of the traffic laws of this state, including laws
15 regulating driving under the influence of alcohol or
16 controlled substances, driving with an unlawful blood-alcohol
17 level, and driving while intoxicated; and his or her knowledge
18 of the effects of alcohol and controlled substances upon
19 persons and the dangers of driving a motor vehicle while under
20 the influence of alcohol or controlled substances and shall
21 include an actual demonstration of ability to exercise
22 ordinary and reasonable control in the operation of a motor
23 vehicle.
24 Section 75. Subsections (1) and (4) of section
25 322.135, Florida Statutes, are amended, and subsection (9) is
26 added to that section, to read:
27 322.135 Driver's license agents.--
28 (1) The department may, upon application, authorize
29 any or all of the tax collectors in the several counties of
30 the state, subject to the requirements of law, in accordance
31 with rules of the department, to serve as its agent for the
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1 provision of specified driver's license services.
2 (a) These services shall be limited to the issuance of
3 driver's licenses and identification cards as authorized by
4 this chapter.
5 (b) Each tax collector who is authorized by the
6 department to provide driver's license services shall bear all
7 costs associated with providing those services.
8 (c) A fee of $5.25 is to be charged, in addition to
9 the fees set forth in this chapter, for any driver's license
10 issued or renewed by a tax collector. One dollar of the $5.25
11 fee must be deposited into the Highway Safety Operating Trust
12 Fund.
13 (4) A tax collector may not issue or renew a driver's
14 license if he or she has any reason to believe that the
15 licensee or prospective licensee is physically or mentally
16 unqualified to operate a motor vehicle. The tax collector may
17 shall direct any such licensee to the department for
18 examination or reexamination under s. 322.221.
19 (9) Notwithstanding chapter 116, each county officer
20 within this state who is authorized to collect funds provided
21 for in this chapter shall pay all sums officially received by
22 the officer into the State Treasury no later than 5 working
23 days after the close of the business day in which the officer
24 received the funds. Payment by county officers to the state
25 shall be made by means of electronic funds transfers.
26 Section 76. Subsection (1) of section 322.142, Florida
27 Statutes, is amended to read:
28 322.142 Color photographic or digital imaged
29 licenses.--
30 (1) The department shall, upon receipt of the required
31 fee, issue to each qualified applicant for a an original
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1 driver's license a color photographic or digital imaged
2 driver's license bearing a fullface photograph or digital
3 image of the licensee. Notwithstanding chapter 761 or s.
4 761.05, the requirement for a fullface photograph or digital
5 image of the licensee may not be waived. A space shall be
6 provided upon which the licensee shall affix his or her usual
7 signature, as required in s. 322.14, in the presence of an
8 authorized agent of the department so as to ensure that such
9 signature becomes a part of the license.
10 Section 77. Paragraph (a) of subsection (1) and
11 subsection (2) of section 322.161, Florida Statutes, are
12 amended to read:
13 322.161 High-risk drivers; restricted licenses.--
14 (1)(a) Notwithstanding any provision of law to the
15 contrary, the department shall restrict the driving privilege
16 of any Class D or Class E licensee who is age 15 through 17
17 and who has accumulated six or more points pursuant to s.
18 318.14, excluding parking violations, within a 12-month
19 period.
20 (2)(a) Any Class E licensee who is age 15 through 17
21 and who has accumulated six or more points pursuant to s.
22 318.14, excluding parking violations, within a 12-month period
23 shall not be eligible to obtain a Class D license for a period
24 of no less than 1 year. The period of ineligibility shall
25 begin on the date of conviction for the violation that results
26 in the licensee's accumulation of six or more points.
27 (b) The period of ineligibility shall automatically
28 expire after 1 year if the licensee does not accumulate any
29 additional points. If the licensee accumulates any additional
30 points, then the period of ineligibility shall be extended 90
31 days for each point. The period of ineligibility shall also
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1 automatically expire upon the licensee's 18th birthday if no
2 other grounds for ineligibility exist.
3 Section 78. Subsection (3) of section 322.17, Florida
4 Statutes, is amended to read:
5 322.17 Duplicate and replacement certificates.--
6 (3) Notwithstanding any other provisions of this
7 chapter, if a licensee establishes his or her identity for a
8 driver's license using an identification document authorized
9 under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the
10 licensee may not obtain a duplicate or replacement instruction
11 permit or driver's license except in person and upon
12 submission of an identification document authorized under s.
13 322.08(2)(c)6. or 7 s. 322.08(2)(c)5.-6.
14 Section 79. Subsections (2) and (4) of section 322.18,
15 Florida Statutes, are amended to read:
16 322.18 Original applications, licenses, and renewals;
17 expiration of licenses; delinquent licenses.--
18 (2) Each applicant who is entitled to the issuance of
19 a driver's license, as provided in this section, shall be
20 issued a driver's license, as follows:
21 (a) An applicant applying for an original issuance
22 shall be issued a driver's license which expires at midnight
23 on the licensee's birthday which next occurs on or after the
24 sixth anniversary of the date of issue.
25 (b) An applicant applying for a renewal issuance or
26 renewal extension shall be issued a driver's license or
27 renewal extension sticker which expires at midnight on the
28 licensee's birthday which next occurs 4 years after the month
29 of expiration of the license being renewed, except that a
30 driver whose driving record reflects no convictions for the
31 preceding 3 years shall be issued a driver's license or
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1 renewal extension sticker which expires at midnight on the
2 licensee's birthday which next occurs 6 years after the month
3 of expiration of the license being renewed.
4 (c) Notwithstanding any other provision of this
5 chapter, if an applicant establishes his or her identity for a
6 driver's license using a document authorized under s.
7 322.08(2)(c)5. s. 322.08(2)(c)4., the driver's license shall
8 expire in accordance with paragraph (b). After an initial
9 showing of such documentation, he or she is exempted from
10 having to renew or obtain a duplicate in person.
11 (d) Notwithstanding any other provision of this
12 chapter, if applicant establishes his or her identity for a
13 driver's license using a document authorized in s.
14 322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the driver's
15 license shall expire 2 4 years after the date of issuance or
16 upon the expiration date cited on the United States Department
17 of Homeland Security documents, whichever date first occurs.
18 (e) Notwithstanding any other provision of this
19 chapter, an applicant applying for an original or renewal
20 issuance of a commercial driver's license as defined in s.
21 322.01(7), with a hazardous-materials endorsement, pursuant to
22 s. 322.57(1)(e), shall be issued a driver's license that
23 expires at midnight on the licensee's birthday that next
24 occurs 4 years after the month of expiration of the license
25 being issued or renewed.
26 (4)(a) Except as otherwise provided in this chapter,
27 all licenses shall be renewable every 4 years or 6 years,
28 depending upon the terms of issuance and shall be issued or
29 extended upon application, payment of the fees required by s.
30 322.21, and successful passage of any required examination,
31 unless the department has reason to believe that the licensee
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1 is no longer qualified to receive a license.
2 (b) Notwithstanding any other provision of this
3 chapter, if an applicant establishes his or her identity for a
4 driver's license using a document authorized under s.
5 322.08(2)(c)5. s. 322.08(2)(c)4., the license, upon an initial
6 showing of such documentation, is exempted from having to
7 renew or obtain a duplicate in person, unless the renewal or
8 duplication coincides with the periodic reexamination of a
9 driver as required pursuant to s. 322.121.
10 (c) Notwithstanding any other provision of this
11 chapter, if a licensee establishes his or her identity for a
12 driver's license using an identification document authorized
13 under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the
14 licensee may not renew the driver's license except in person
15 and upon submission of an identification document authorized
16 under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's
17 license renewed under this paragraph expires 4 years after the
18 date of issuance or upon the expiration date cited on the
19 United States Department of Homeland Security documents,
20 whichever date first occurs.
21 Section 80. Subsection (4) of section 322.19, Florida
22 Statutes, is amended to read:
23 322.19 Change of address or name.--
24 (4) Notwithstanding any other provision of this
25 chapter, if a licensee established his or her identity for a
26 driver's license using an identification document authorized
27 under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the
28 licensee may not change his or her name or address except in
29 person and upon submission of an identification document
30 authorized under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.
31 Section 81. Subsection (1) of section 322.21, Florida
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1 Statutes, is amended to read:
2 322.21 License fees; procedure for handling and
3 collecting fees.--
4 (1) Except as otherwise provided herein, the fee for:
5 (a) An original or renewal commercial driver's license
6 is $50, which shall include the fee for driver education
7 provided by s. 1003.48; however, if an applicant has completed
8 training and is applying for employment or is currently
9 employed in a public or nonpublic school system that requires
10 the commercial license, the fee shall be the same as for a
11 Class E driver's license. A delinquent fee of $1 shall be
12 added for a renewal made not more than 12 months after the
13 license expiration date.
14 (b) An original Class D or Class E driver's license is
15 $20, which shall include the fee for driver's education
16 provided by s. 1003.48; however, if an applicant has completed
17 training and is applying for employment or is currently
18 employed in a public or nonpublic school system that requires
19 a commercial driver license, the fee shall be the same as for
20 a Class E license.
21 (c) The renewal or extension of a Class D or Class E
22 driver's license or of a license restricted to motorcycle use
23 only is $15, except that a delinquent fee of $1 shall be added
24 for a renewal or extension made not more than 12 months after
25 the license expiration date. The fee provided in this
26 paragraph shall include the fee for driver's education
27 provided by s. 1003.48.
28 (d) An original driver's license restricted to
29 motorcycle use only is $20, which shall include the fee for
30 driver's education provided by s. 1003.48.
31 (e) Each endorsement required by s. 322.57 is $5.
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1 (f) A hazardous-materials endorsement, as required by
2 s. 322.57(1)(d), shall be set by the department by rule and
3 shall reflect the cost of the required criminal history check,
4 including the cost of the state and federal fingerprint check,
5 and the cost to the department of providing and issuing the
6 license. The fee shall not exceed $100. This fee shall be
7 deposited in the Highway Safety Operating Trust Fund. The
8 department may adopt rules to administer this section.
9 Section 82. Present subsection (7) of section 322.212,
10 Florida Statutes, is redesignated as subsection (8), and a new
11 subsection (7) is added to that section, to read:
12 322.212 Unauthorized possession of, and other unlawful
13 acts in relation to, driver's license or identification
14 card.--
15 (7) In addition to any other penalties provided by
16 this section, any person who provides false information when
17 applying for a commercial driver's license shall be
18 disqualified from operating a commercial motor vehicle for a
19 period of 60 days.
20 Section 83. Subsection (1) of section 322.22, Florida
21 Statutes, is amended to read:
22 322.22 Authority of department to cancel license.--
23 (1) The department is authorized to cancel any
24 driver's license, upon determining that the licensee was not
25 entitled to the issuance thereof, or that the licensee failed
26 to give the required or correct information in his or her
27 application or committed any fraud in making such application,
28 or that the licensee has two or more licenses on file with the
29 department, each in a different name but bearing the
30 photograph of the licensee, unless the licensee has complied
31 with the requirements of this chapter in obtaining the
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1 licenses. The department may cancel any driver's license,
2 identification card, vehicle or vessel registration, or
3 fuel-use decal if the licensee fails to pay the correct fee or
4 pays for the driver's license, identification card, vehicle
5 or vessel registration, or fuel-use decal; pays any tax
6 liability, penalty, or interest specified in chapter 207; or
7 pays any administrative, delinquency, or reinstatement fee by
8 a dishonored check.
9 Section 84. Subsections (4) and (5) of section
10 322.251, Florida Statutes, are amended to read:
11 322.251 Notice of cancellation, suspension,
12 revocation, or disqualification of license.--
13 (4) A person whose privilege to operate a commercial
14 motor vehicle is temporarily disqualified may, upon
15 surrendering his or her commercial driver's license, be issued
16 a Class D or Class E driver's license, valid for the length of
17 his or her unexpired commercial driver's license, at no cost.
18 Such person may, upon the completion of his or her
19 disqualification, be issued a commercial driver's license, of
20 the type disqualified, for the remainder of his or her
21 unexpired license period. Any such person shall pay the
22 reinstatement fee provided in s. 322.21 before being issued a
23 commercial driver's license.
24 (5) A person whose privilege to operate a commercial
25 motor vehicle is permanently disqualified may, upon
26 surrendering his or her commercial driver's license, be issued
27 a Class D or Class E driver's license, if he or she is
28 otherwise qualified to receive such license. Any such person
29 shall be issued a Class D or Class E license, valid for the
30 remainder of his or her unexpired license period, at no cost.
31 Section 85. Subsections (1), (7), (10), and (11) of
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1 section 322.2615, Florida Statutes, are amended to read:
2 322.2615 Suspension of license; right to review.--
3 (1)(a) A law enforcement officer or correctional
4 officer shall, on behalf of the department, suspend the
5 driving privilege of a person who has been arrested by a law
6 enforcement officer for a violation of s. 316.193, relating to
7 unlawful blood-alcohol level or breath-alcohol level, or of a
8 person who has refused to submit to a breath, urine, or blood
9 test authorized by s. 316.1932. The officer shall take the
10 person's driver's license and issue the person a 10-day
11 temporary permit if the person is otherwise eligible for the
12 driving privilege and shall issue the person a notice of
13 suspension. If a blood test has been administered, the results
14 of which are not available to the officer at the time of the
15 arrest, the agency employing the officer shall transmit such
16 results to the department within 5 days after receipt of the
17 results. If the department then determines that the person
18 was arrested for a violation of s. 316.193 and that the person
19 had a blood-alcohol level or breath-alcohol level of 0.08 or
20 higher, the department shall suspend the person's driver's
21 license pursuant to subsection (3).
22 (b) The suspension under paragraph (a) shall be
23 pursuant to, and the notice of suspension shall inform the
24 driver of, the following:
25 1.a. The driver refused to submit to a lawful breath,
26 blood, or urine test and his or her driving privilege is
27 suspended for a period of 1 year for a first refusal or for a
28 period of 18 months if his or her driving privilege has been
29 previously suspended as a result of a refusal to submit to
30 such a test; or
31 b. The driver violated s. 316.193 by driving with an
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1 unlawful blood-alcohol level or breath-alcohol level as
2 provided in that section and his or her driving privilege is
3 suspended for a period of 6 months for a first offense or for
4 a period of 1 year if his or her driving privilege has been
5 previously suspended for a violation of s. 316.193.
6 2. The suspension period shall commence on the date of
7 arrest or issuance of the notice of suspension, whichever is
8 later.
9 3. The driver may request a formal or informal review
10 of the suspension by the department within 10 days after the
11 date of arrest or issuance of the notice of suspension,
12 whichever is later.
13 4. The temporary permit issued at the time of arrest
14 will expire at midnight of the 10th day following the date of
15 arrest or issuance of the notice of suspension, whichever is
16 later.
17 5. The driver may submit to the department any
18 materials relevant to the arrest.
19 (7) In a formal review hearing under subsection (6) or
20 an informal review hearing under subsection (4), the hearing
21 officer shall determine by a preponderance of the evidence
22 whether sufficient cause exists to sustain, amend, or
23 invalidate the suspension. The scope of the review shall be
24 limited to the following issues:
25 (a) If the license was suspended for driving with an
26 unlawful blood-alcohol level or breath-alcohol level in
27 violation of s. 316.193:
28 1. Whether the arresting law enforcement officer had
29 probable cause to believe that the person was driving or in
30 actual physical control of a motor vehicle in this state while
31 under the influence of alcoholic beverages or controlled
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1 substances.
2 2. Whether the person was placed under lawful arrest
3 for a violation of s. 316.193.
4 3. Whether the person had an unlawful blood-alcohol
5 level or breath-alcohol level as provided in s. 316.193.
6 (b) If the license was suspended for refusal to submit
7 to a breath, blood, or urine test:
8 1. Whether the arresting law enforcement officer had
9 probable cause to believe that the person was driving or in
10 actual physical control of a motor vehicle in this state while
11 under the influence of alcoholic beverages or controlled
12 substances.
13 2. Whether the person was placed under lawful arrest
14 for a violation of s. 316.193.
15 3. Whether the person refused to submit to any such
16 test after being requested to do so by a law enforcement
17 officer or correctional officer.
18 4. Whether the person was told that if he or she
19 refused to submit to such test his or her privilege to operate
20 a motor vehicle would be suspended for a period of 1 year or,
21 in the case of a second or subsequent refusal, for a period of
22 18 months.
23 (10) A person whose driver's license is suspended
24 under subsection (1) or subsection (3) may apply for issuance
25 of a license for business or employment purposes only if the
26 person is otherwise eligible for the driving privilege
27 pursuant to s. 322.271.
28 (a) If the suspension of the driver's license of the
29 person for failure to submit to a breath, urine, or blood test
30 is sustained, the person is not eligible to receive a license
31 for business or employment purposes only, pursuant to s.
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1 322.271, until 90 days have elapsed after the expiration of
2 the last temporary permit issued. If the driver is not issued
3 a 10-day permit pursuant to this section or s. 322.64 because
4 he or she is ineligible for the permit and the suspension for
5 failure to submit to a breath, urine, or blood test is not
6 invalidated by the department, the driver is not eligible to
7 receive a business or employment license pursuant to s.
8 322.271 until 90 days have elapsed from the date of the
9 suspension.
10 (b) If the suspension of the driver's license of the
11 person arrested for a violation of s. 316.193, relating to
12 unlawful blood-alcohol level, or breath-alcohol level is
13 sustained, the person is not eligible to receive a license for
14 business or employment purposes only pursuant to s. 322.271
15 until 30 days have elapsed after the expiration of the last
16 temporary permit issued. If the driver is not issued a 10-day
17 permit pursuant to this section or s. 322.64 because he or she
18 is ineligible for the permit and the suspension for a
19 violation of s. 316.193, relating to unlawful blood-alcohol
20 level, is not invalidated by the department, the driver is not
21 eligible to receive a business or employment license pursuant
22 to s. 322.271 until 30 days have elapsed from the date of the
23 arrest.
24 (11) The formal review hearing may be conducted upon a
25 review of the reports of a law enforcement officer or a
26 correctional officer, including documents relating to the
27 administration of a breath test or blood test or the refusal
28 to take either test or the refusal to take a urine test.
29 However, as provided in subsection (6), the driver may
30 subpoena the officer or any person who administered or
31 analyzed a breath or blood test.
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1 Section 86. Paragraph (d) of subsection (3) of section
2 322.27, Florida Statutes, is amended to read:
3 322.27 Authority of department to suspend or revoke
4 license.--
5 (3) There is established a point system for evaluation
6 of convictions of violations of motor vehicle laws or
7 ordinances, and violations of applicable provisions of s.
8 403.413(6)(b) when such violations involve the use of motor
9 vehicles, for the determination of the continuing
10 qualification of any person to operate a motor vehicle. The
11 department is authorized to suspend the license of any person
12 upon showing of its records or other good and sufficient
13 evidence that the licensee has been convicted of violation of
14 motor vehicle laws or ordinances, or applicable provisions of
15 s. 403.413(6)(b), amounting to 12 or more points as determined
16 by the point system. The suspension shall be for a period of
17 not more than 1 year.
18 (d) The point system shall have as its basic element a
19 graduated scale of points assigning relative values to
20 convictions of the following violations:
21 1. Reckless driving, willful and wanton--4 points.
22 2. Leaving the scene of a crash resulting in property
23 damage of more than $50--6 points.
24 3. Unlawful speed resulting in a crash--6 points.
25 4. Passing a stopped school bus--4 points.
26 5. Unlawful speed:
27 a. Not in excess of 15 miles per hour of lawful or
28 posted speed--3 points.
29 b. In excess of 15 miles per hour of lawful or posted
30 speed--4 points.
31 6. All other moving violations (including parking on a
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1 highway outside the limits of a municipality)--3 points.
2 However, no points shall be imposed for a violation of s.
3 316.0741 or s. 316.2065(12).
4 7. Any moving violation covered above, excluding
5 unlawful speed, resulting in a crash--4 points.
6 8. Any conviction under s. 403.413(6)(b) s.
7 403.413(5)(b)--3 points.
8 9. Any conviction under s. 316.0775(2)--4 points.
9 Section 87. Section 322.30, Florida Statutes, is
10 amended to read:
11 322.30 No operation under foreign license during
12 suspension, revocation, or disqualification in this state.--
13 (1) Any resident or nonresident whose driver's license
14 or right or privilege to operate a motor vehicle in this state
15 has been suspended, revoked, or disqualified as provided in
16 this chapter, shall not operate a motor vehicle in this state
17 under a license, permit, or registration certificate issued by
18 any other jurisdiction or otherwise during such suspension,
19 revocation, or disqualification until a new license is
20 obtained.
21 (2) Notwithstanding subsection (1), any commercial
22 motor vehicle operator whose privilege to operate such vehicle
23 is disqualified may operate a motor vehicle in this state as a
24 Class D or Class E licensee, if authorized by this chapter.
25 Section 88. Paragraph (b) of subsection (2) and
26 subsections (4), (5), and (6) of section 322.53, Florida
27 Statutes, are amended to read:
28 322.53 License required; exemptions.--
29 (2) The following persons are exempt from the
30 requirement to obtain a commercial driver's license:
31 (b) Military personnel driving military vehicles
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1 operated for military purposes.
2 (4) A resident who is exempt from obtaining a
3 commercial driver's license pursuant to paragraph (2)(a) or
4 paragraph (2)(c) and who drives a commercial motor vehicle
5 must obtain a Class D driver's license endorsed to authorize
6 the operation of the particular type of vehicle for which his
7 or her exemption is granted.
8 (4)(5) A resident who is exempt from obtaining a
9 commercial driver's license pursuant to paragraph (2)(b),
10 paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may
11 drive a commercial motor vehicle pursuant to the exemption
12 granted in paragraph (2)(b), paragraph (2)(d), paragraph
13 (2)(e), or paragraph (2)(f) if he or she possesses a valid
14 Class D or Class E driver's license or a military license.
15 (5)(6) The department shall adopt rules and enter into
16 necessary agreements with other jurisdictions to provide for
17 the operation of commercial vehicles by nonresidents pursuant
18 to the exemption granted in subsection (2).
19 Section 89. Subsection (2) of section 322.54, Florida
20 Statutes, is amended to read:
21 322.54 Classification.--
22 (2) The department shall issue, pursuant to the
23 requirements of this chapter, drivers' licenses in accordance
24 with the following classifications:
25 (a) Any person who drives a motor vehicle combination
26 having a gross vehicle weight rating, a declared weight, or an
27 actual weight, whichever is greatest, of 26,001 pounds or more
28 must possess a valid Class A driver's license, provided the
29 gross vehicle weight rating, declared weight, or actual
30 weight, whichever is greatest, of the vehicle being towed is
31 more than 10,000 pounds. Any person who possesses a valid
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1 Class A driver's license may, subject to the appropriate
2 restrictions and endorsements, drive any class of motor
3 vehicle within this state.
4 (b) Any person, except a person who possesses a valid
5 Class A driver's license, who drives a motor vehicle having a
6 gross vehicle weight rating, a declared weight, or an actual
7 weight, whichever is greatest, of 26,001 pounds or more must
8 possess a valid Class B driver's license. Any person, except
9 a person who possesses a valid Class A driver's license, who
10 drives such vehicle towing a vehicle having a gross vehicle
11 weight rating, a declared weight, or an actual weight,
12 whichever is greatest, of 10,000 pounds or less must possess a
13 valid Class B driver's license. Any person who possesses a
14 valid Class B driver's license may, subject to the appropriate
15 restrictions and endorsements, drive any class of motor
16 vehicle, other than the type of motor vehicle for which a
17 Class A driver's license is required, within this state.
18 (c) Any person, except a person who possesses a valid
19 Class A or a valid Class B driver's license, who drives a
20 motor vehicle combination having a gross vehicle weight
21 rating, a declared weight, or an actual weight, whichever is
22 greatest, of 26,001 pounds or more must possess a valid Class
23 C driver's license. Any person, except a person who possesses
24 a valid Class A or a valid Class B driver's license, who
25 drives a motor vehicle combination having a gross vehicle
26 weight rating, a declared weight, or an actual weight,
27 whichever is greatest, of less than 26,001 pounds and who is
28 required to obtain an endorsement pursuant to paragraph
29 (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d),
30 or paragraph (1)(e) of s. 322.57, must possess a valid Class C
31 driver's license that is clearly restricted to the operation
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1 of a motor vehicle or motor vehicle combination of less than
2 26,001 pounds. Any person who possesses a valid Class C
3 driver's license may, subject to the appropriate restrictions
4 and endorsements, drive any class of motor vehicle, other than
5 the type of motor vehicle for which a Class A or a Class B
6 driver's license is required, within this state.
7 (d) Any person, except a person who possesses a valid
8 Class A, valid Class B, or valid Class C driver's license, who
9 drives a truck or a truck tractor having a gross vehicle
10 weight rating, a declared weight, or an actual weight,
11 whichever is greatest, of 8,000 pounds or more but less than
12 26,001 pounds, or which has a width of more than 80 inches
13 must possess a valid Class D driver's license. Any person who
14 possesses a valid Class D driver's license may, subject to the
15 appropriate restrictions and endorsements, drive any type of
16 motor vehicle, other than the type of motor vehicle for which
17 a Class A, Class B, or Class C driver's license is required,
18 within this state.
19 (d)(e) Any person, except a person who possesses a
20 valid Class A, valid Class B, or valid Class C, or valid Class
21 D driver's license, who drives a motor vehicle must possess a
22 valid Class E driver's license. Any person who possesses a
23 valid Class E driver's license may, subject to the appropriate
24 restrictions and endorsements, drive any type of motor
25 vehicle, other than the type of motor vehicle for which a
26 Class A, Class B, or Class C, or Class D driver's license is
27 required, within this state.
28 Section 90. Subsections (1) and (2) of section 322.57,
29 Florida Statutes, are amended to read:
30 322.57 Tests of knowledge concerning specified
31 vehicles; endorsement; nonresidents; violations.--
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1 (1) In addition to fulfilling any other driver's
2 licensing requirements of this chapter, a person who:
3 (a) Drives a double or triple trailer must
4 successfully complete a test of his or her knowledge
5 concerning the safe operation of such vehicles.
6 (b) Drives a passenger vehicle must successfully
7 complete a test of his or her knowledge concerning the safe
8 operation of such vehicles and a test of his or her driving
9 skill in such a vehicle.
10 (c) Drives a school bus must successfully complete a
11 test of his or her knowledge concerning the safe operation of
12 such vehicles and a test of his or her driving skill in such a
13 vehicle. This subsection shall be implemented in accordance
14 with 49 C.F.R. part 383.123.
15 (d)(c) Drives a tank vehicle must successfully
16 complete a test of his or her knowledge concerning the safe
17 operation of such vehicles.
18 (e)(d) Drives a vehicle that transports hazardous
19 materials and that is required to be placarded in accordance
20 with Title 49 C.F.R. part 172, subpart F, must successfully
21 complete a test of his or her knowledge concerning the safe
22 operation of such vehicles. Knowledge tests for
23 hazardous-materials endorsements may not be administered
24 orally for individuals applying for an initial
25 hazardous-materials endorsement after June 30, 1994.
26 (f)(e) Operates a tank vehicle transporting hazardous
27 materials must successfully complete the tests required in
28 paragraphs (d) (c) and (e) (d) so that the department may
29 issue a single endorsement permitting him or her to operate
30 such tank vehicle.
31 (g)(f) Drives a motorcycle must successfully complete
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1 a test of his or her knowledge concerning the safe operation
2 of such vehicles and a test of his or her driving skills on
3 such vehicle. A person who successfully completes such tests
4 shall be issued an endorsement if he or she is licensed to
5 drive another type of motor vehicle. A person who
6 successfully completes such tests and who is not licensed to
7 drive another type of motor vehicle shall be issued a Class E
8 driver's license that is clearly restricted to motorcycle use
9 only.
10 (2) Before driving or operating any vehicle listed in
11 subsection (1), a person must obtain an endorsement on his or
12 her driver's license. An endorsement under paragraph (a),
13 paragraph (b), paragraph (c), paragraph (d), or paragraph (e),
14 or paragraph (f) of subsection (1) shall be issued only to
15 persons who possess a valid Class A, valid Class B, or valid
16 Class C driver's license. A person who drives a motor vehicle
17 or motor vehicle combination that requires an endorsement
18 under this subsection and who drives a motor vehicle or motor
19 vehicle combination having a gross vehicle weight rating, a
20 declared weight, or an actual weight, whichever is greatest,
21 of less than 26,000 pounds shall be issued a Class C driver's
22 license that is clearly restricted to the operation of a motor
23 vehicle or motor vehicle combination of less than 26,000
24 pounds.
25 Section 91. Paragraph (a) of subsection (1) of section
26 322.58, Florida Statutes, is amended to read:
27 322.58 Holders of chauffeur's licenses; effect of
28 classified licensure.--
29 (1) In order to provide for the classified licensure
30 of commercial motor vehicle drivers, the department shall
31 require persons who have valid chauffeur's licenses to report
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1 on or after April 1, 1991, to the department for classified
2 licensure, according to a schedule developed by the
3 department.
4 (a) Any person who holds a valid chauffeur's license
5 may continue to operate vehicles for which a Class E D
6 driver's license is required until his or her chauffeur's
7 license expires.
8 Section 92. Subsections (1), (2), (3), (7), (8), and
9 (10) of section 322.61, Florida Statutes, are amended, and
10 subsections (4) and (5) of that section are reenacted, to
11 read:
12 322.61 Disqualification from operating a commercial
13 motor vehicle.--
14 (1) A person who, for offenses occurring within a
15 3-year period, is convicted of two of the following serious
16 traffic violations or any combination thereof, arising in
17 separate incidents committed in a commercial motor vehicle
18 shall, in addition to any other applicable penalties, be
19 disqualified from operating a commercial motor vehicle for a
20 period of 60 days. A person who, for offenses occurring within
21 a 3-year period, is convicted of two of the following serious
22 traffic violations or any combination thereof, arising in
23 separate incidents committed in a noncommercial motor vehicle
24 shall, in addition to any other applicable penalties, be
25 disqualified from operating a commercial motor vehicle for a
26 period of 60 days if such convictions result in the
27 suspension, revocation, or cancellation of the licenseholder's
28 driving privilege:
29 (a) A violation of any state or local law relating to
30 motor vehicle traffic control, other than a parking violation,
31 a weight violation, or a vehicle equipment violation, arising
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1 in connection with a crash resulting in death or personal
2 injury to any person;
3 (b) Reckless driving, as defined in s. 316.192;
4 (c) Careless driving, as defined in s. 316.1925;
5 (d) Fleeing or attempting to elude a law enforcement
6 officer, as defined in s. 316.1935;
7 (e) Unlawful speed of 15 miles per hour or more above
8 the posted speed limit;
9 (f) Driving a commercial motor vehicle, owned by such
10 person, which is not properly insured;
11 (g) Improper lane change, as defined in s. 316.085; or
12 (h) Following too closely, as defined in s. 316.0895;.
13 (i) Driving a commercial vehicle without obtaining a
14 commercial driver's license;
15 (j) Driving a commercial vehicle without a commercial
16 driver's license in possession; or
17 (k) Driving a commercial vehicle without the proper
18 class of commercial driver's license or without the proper
19 endorsement.
20 (2) Any person who, for offenses occurring within a
21 3-year period, is convicted of three serious traffic
22 violations specified in subsection (1) or any combination
23 thereof, arising in separate incidents committed in a
24 commercial motor vehicle shall, in addition to any other
25 applicable penalties, including, but not limited to, the
26 penalty provided in subsection (1), be disqualified from
27 operating a commercial motor vehicle for a period of 120 days.
28 A person who, for offenses occurring within a 3-year period,
29 is convicted of three serious traffic violations specified in
30 subsection (1) or any combination thereof, arising in separate
31 incidents committed in a noncommercial motor vehicle shall, in
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1 addition to any other applicable penalties, including, but not
2 limited to, the penalty provided in subsection (1), be
3 disqualified from operating a commercial motor vehicle for a
4 period of 120 days if such convictions result in the
5 suspension, revocation, or cancellation of the licenseholder's
6 driving privilege.
7 (3) Except as provided in subsection (4), any person
8 who is convicted of one of the following offenses shall, in
9 addition to any other applicable penalties, be disqualified
10 from operating a commercial motor vehicle for a period of 1
11 year:
12 (a) Driving a commercial motor vehicle while he or she
13 is under the influence of alcohol or a controlled substance;
14 (b) Driving a commercial motor vehicle while the
15 alcohol concentration of his or her blood, breath, or urine is
16 .04 percent or higher;
17 (c) Leaving the scene of a crash involving a
18 commercial motor vehicle driven by such person;
19 (d) Using a commercial motor vehicle in the commission
20 of a felony;
21 (e) Driving a commercial motor vehicle while in
22 possession of a controlled substance; or
23 (f) Refusing to submit to a test to determine his or
24 her alcohol concentration while driving a commercial motor
25 vehicle;.
26 (g) Driving a commercial vehicle while the
27 licenseholder's commercial driver's license is suspended,
28 revoked, or canceled or while the licenseholder is
29 disqualified from driving a commercial vehicle; or
30 (h) Causing a fatality through the negligent operation
31 of a commercial motor vehicle.
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1 (4) Any person who is transporting hazardous materials
2 in a vehicle that is required to be placarded in accordance
3 with Title 49 C.F.R. part 172, subpart F shall, upon
4 conviction of an offense specified in subsection (3), be
5 disqualified from operating a commercial motor vehicle for a
6 period of 3 years. The penalty provided in this subsection
7 shall be in addition to any other applicable penalty.
8 (5) Any person who is convicted of two violations
9 specified in subsection (3), or any combination thereof,
10 arising in separate incidents shall be permanently
11 disqualified from operating a commercial motor vehicle. The
12 penalty provided in this subsection shall be in addition to
13 any other applicable penalty.
14 (7) A person whose privilege to operate a commercial
15 motor vehicle is disqualified under this section may, if
16 otherwise qualified, be issued a Class D or Class E driver's
17 license, pursuant to s. 322.251.
18 (8) A driver who is convicted of or otherwise found to
19 have committed a violation of an out-of-service order while
20 driving a commercial motor vehicle is disqualified as follows:
21 (a) Not less than 90 days nor more than 1 year if the
22 driver is convicted of or otherwise found to have committed a
23 first violation of an out-of-service order.
24 (b) Not less than 1 year nor more than 5 years if, for
25 offenses occurring during any 10-year period, the driver is
26 convicted of or otherwise found to have committed two
27 violations of out-of-service orders in separate incidents.
28 (c) Not less than 3 years nor more than 5 years if,
29 for offenses occurring during any 10-year period, the driver
30 is convicted of or otherwise found to have committed three or
31 more violations of out-of-service orders in separate
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1 incidents.
2 (d) Not less than 180 days nor more than 2 years if
3 the driver is convicted of or otherwise found to have
4 committed a first violation of an out-of-service order while
5 transporting hazardous materials required to be placarded
6 under the Hazardous Materials Transportation Act, 49 U.S.C.
7 ss. 5101 et seq., or while operating motor vehicles designed
8 to transport more than 15 passengers, including the driver. A
9 driver is disqualified for a period of not less than 3 years
10 nor more than 5 years if, for offenses occurring during any
11 10-year period, the driver is convicted of or otherwise found
12 to have committed any subsequent violations of out-of-service
13 orders, in separate incidents, while transporting hazardous
14 materials required to be placarded under the Hazardous
15 Materials Transportation Act 49 U.S.C. ss. 5101 et seq., or
16 while operating motor vehicles designed to transport more than
17 15 passengers, including the driver.
18 (10)(a) A driver must be disqualified for not less
19 than 60 days if the driver is convicted of or otherwise found
20 to have committed a first violation of a railroad-highway
21 grade crossing violation.
22 (b) A driver must be disqualified for not less than
23 120 days if, for offenses occurring during any 3-year period,
24 the driver is convicted of or otherwise found to have
25 committed a second railroad-highway grade crossing violation
26 in separate incidents.
27 (c) A driver must be disqualified for not less than 1
28 year if, for offenses occurring during any 3-year period, the
29 driver is convicted of or otherwise found to have committed a
30 third or subsequent railroad-highway grade crossing violation
31 in separate incidents.
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1 Section 93. Subsection (1) and paragraph (a) of
2 subsection (3) of section 322.63, Florida Statutes, are
3 amended to read:
4 322.63 Alcohol or drug testing; commercial motor
5 vehicle operators.--
6 (1) A person who accepts the privilege extended by the
7 laws of this state of operating a commercial motor vehicle
8 within this state shall, by so operating such commercial motor
9 vehicle, be deemed to have given his or her consent to submit
10 to an approved chemical or physical test of his or her blood
11 or, breath, or urine for the purpose of determining his or her
12 alcohol concentration, and to a urine test or for the purpose
13 of detecting the presence of chemical substances as set forth
14 in s. 877.111 or of controlled substances.
15 (a) By applying for a commercial driver's license and
16 by accepting and using a commercial driver's license, the
17 person holding the commercial driver's license is deemed to
18 have expressed his or her consent to the provisions of this
19 section.
20 (b) Any person who drives a commercial motor vehicle
21 within this state and who is not required to obtain a
22 commercial driver's license in this state is, by his or her
23 act of driving a commercial motor vehicle within this state,
24 deemed to have expressed his or her consent to the provisions
25 of this section.
26 (c) A notification of the consent provision of this
27 section shall be printed above the signature line on each new
28 or renewed commercial driver's license issued after March 31,
29 1991.
30 (3)(a) The breath and blood physical and chemical
31 tests authorized in this section shall be administered
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1 substantially in accordance with rules adopted by the
2 Department of Law Enforcement.
3 Section 94. Subsection (1) of section 322.64, Florida
4 Statutes, is amended, and, for the purpose of incorporating
5 the amendment to section 322.61, Florida Statutes, in a
6 reference thereto, subsection (14) of that section is
7 reenacted, to read:
8 322.64 Holder of commercial driver's license; driving
9 with unlawful blood-alcohol level; refusal to submit to
10 breath, urine, or blood test.--
11 (1)(a) A law enforcement officer or correctional
12 officer shall, on behalf of the department, disqualify from
13 operating any commercial motor vehicle a person who while
14 operating or in actual physical control of a commercial motor
15 vehicle is arrested for a violation of s. 316.193, relating to
16 unlawful blood-alcohol level or breath-alcohol level, or a
17 person who has refused to submit to a breath, urine, or blood
18 test authorized by s. 322.63 arising out of the operation or
19 actual physical control of a commercial motor vehicle. Upon
20 disqualification of the person, the officer shall take the
21 person's driver's license and issue the person a 10-day
22 temporary permit for the operation of noncommercial vehicles
23 only if the person is otherwise eligible for the driving
24 privilege and shall issue the person a notice of
25 disqualification. If the person has been given a blood,
26 breath, or urine test, the results of which are not available
27 to the officer at the time of the arrest, the agency employing
28 the officer shall transmit such results to the department
29 within 5 days after receipt of the results. If the department
30 then determines that the person was arrested for a violation
31 of s. 316.193 and that the person had a blood-alcohol level or
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1 breath-alcohol level of 0.08 or higher, the department shall
2 disqualify the person from operating a commercial motor
3 vehicle pursuant to subsection (3).
4 (b) The disqualification under paragraph (a) shall be
5 pursuant to, and the notice of disqualification shall inform
6 the driver of, the following:
7 1.a. The driver refused to submit to a lawful breath,
8 blood, or urine test and he or she is disqualified from
9 operating a commercial motor vehicle for a period of 1 year,
10 for a first refusal, or permanently, if he or she has
11 previously been disqualified as a result of a refusal to
12 submit to such a test; or
13 b. The driver violated s. 316.193 by driving with an
14 unlawful blood-alcohol level and he or she is disqualified
15 from operating a commercial motor vehicle for a period of 6
16 months for a first offense or for a period of 1 year if he or
17 she has previously been disqualified, or his or her driving
18 privilege has been previously suspended, for a violation of s.
19 316.193.
20 2. The disqualification period for operating
21 commercial vehicles shall commence on the date of arrest or
22 issuance of notice of disqualification, whichever is later.
23 3. The driver may request a formal or informal review
24 of the disqualification by the department within 10 days after
25 the date of arrest or issuance of notice of disqualification,
26 whichever is later.
27 4. The temporary permit issued at the time of arrest
28 or disqualification will expire at midnight of the 10th day
29 following the date of disqualification.
30 5. The driver may submit to the department any
31 materials relevant to the arrest.
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1 (14) The decision of the department under this section
2 shall not be considered in any trial for a violation of s.
3 316.193, s. 322.61, or s. 322.62, nor shall any written
4 statement submitted by a person in his or her request for
5 departmental review under this section be admissible into
6 evidence against him or her in any such trial. The disposition
7 of any related criminal proceedings shall not affect a
8 disqualification imposed pursuant to this section.
9 Section 95. Paragraphs (c) and (f) of subsection (13)
10 of section 713.78, Florida Statutes, are amended to read:
11 713.78 Liens for recovering, towing, or storing
12 vehicles and vessels.--
13 (13)
14 (c)1. The registered owner of a vehicle, vessel, or
15 mobile home may dispute a wrecker operator's lien, by
16 notifying the department of the dispute in writing on forms
17 provided by the department, if at least one of the following
18 applies:
19 a. The registered owner presents a notarized bill of
20 sale proving that the vehicle, vessel, or mobile home was sold
21 in a private or casual sale before the vehicle, vessel, or
22 mobile home was recovered, towed, or stored.
23 b. The registered owner presents proof that the
24 Florida certificate of title of the vehicle, vessel, or mobile
25 home was sold to a licensed dealer as defined in s. 319.001
26 before the vehicle, vessel, or mobile home was recovered,
27 towed, or stored.
28 c. The records of the department were marked "sold"
29 prior to the date of the tow.
30
31 If the registered owner's dispute of a wrecker operator's lien
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1 complies with one of these criteria, the department shall
2 immediately remove the registered owner's name from the list
3 of those persons who may not be issued a license plate or
4 revalidation sticker for any motor vehicle under s. 320.03(8),
5 thereby allowing issuance of a license plate or revalidation
6 sticker. If the vehicle, vessel, or mobile home is owned
7 jointly by more than one person, each registered owner must
8 dispute the wrecker operator's lien in order to be removed
9 from the list. However, the department shall deny any dispute
10 and maintain the registered owner's name on the list of those
11 persons who may not be issued a license plate or revalidation
12 sticker for any motor vehicle under s. 320.03(8) if the
13 wrecker operator has provided the department with a certified
14 copy of the judgment of a court which orders the registered
15 owner to pay the wrecker operator's lien claimed under this
16 section. In such a case, the amount of the wrecker operator's
17 lien allowed by paragraph (b) may be increased to include no
18 more than $500 of the reasonable costs and attorney's fees
19 incurred in obtaining the judgment. The department's action
20 under this subparagraph is ministerial in nature, shall not be
21 considered final agency action, and is appealable only to the
22 county court for the county in which the vehicle, vessel, or
23 mobile home was ordered removed.
24 2. A person against whom a wrecker operator's lien has
25 been imposed may alternatively obtain a discharge of the lien
26 by filing a complaint, challenging the validity of the lien or
27 the amount thereof, in the county court of the county in which
28 the vehicle, vessel, or mobile home was ordered removed. Upon
29 filing of the complaint, the person may have her or his name
30 removed from the list of those persons who may not be issued a
31 license plate or revalidation sticker for any motor vehicle
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1 under s. 320.03(8), thereby allowing issuance of a license
2 plate or revalidation sticker, upon posting with the court a
3 cash or surety bond or other adequate security equal to the
4 amount of the wrecker operator's lien to ensure the payment of
5 such lien in the event she or he does not prevail. Upon the
6 posting of the bond and the payment of the applicable fee set
7 forth in s. 28.24, the clerk of the court shall issue a
8 certificate notifying the department of the posting of the
9 bond and directing the department to release the wrecker
10 operator's lien. Upon determining the respective rights of the
11 parties, the court may award damages and costs in favor of the
12 prevailing party.
13 3. If a person against whom a wrecker operator's lien
14 has been imposed does not object to the lien, but cannot
15 discharge the lien by payment because the wrecker operator has
16 moved or gone out of business, the person may have her or his
17 name removed from the list of those persons who may not be
18 issued a license plate or revalidation sticker for any motor
19 vehicle under s. 320.03(8), thereby allowing issuance of a
20 license plate or revalidation sticker, upon posting with the
21 clerk of court in the county in which the vehicle, vessel, or
22 mobile home was ordered removed, a cash or surety bond or
23 other adequate security equal to the amount of the wrecker
24 operator's lien. Upon the posting of the bond and the payment
25 of the application fee set forth in s. 28.24, the clerk of the
26 court shall issue a certificate notifying the department of
27 the posting of the bond and directing the department to
28 release the wrecker operator's lien. The department shall mail
29 to the wrecker operator, at the address upon the lien form,
30 notice that the wrecker operator must claim the security
31 within 60 days, or the security will be released back to the
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1 person who posted it. At the conclusion of the 60 days, the
2 department shall direct the clerk as to which party is
3 entitled to payment of the security, less applicable clerk's
4 fees.
5 4. A wrecker operator's lien expires 5 years after
6 filing.
7 (f) This subsection applies only to the annual renewal
8 in the registered owner's birth month of a motor vehicle
9 registration and does not apply to the transfer of a
10 registration of a motor vehicle sold by a motor vehicle dealer
11 licensed under chapter 320, except for the transfer of
12 registrations which is inclusive of the annual renewals. This
13 subsection does not apply to any vehicle registered in the
14 name of the lessor. This subsection does not affect the
15 issuance of the title to a motor vehicle, notwithstanding s.
16 319.23(7)(b).
17 Section 96. Section 843.16, Florida Statutes, is
18 amended to read:
19 843.16 Unlawful to install or transport radio
20 equipment using assigned frequency of state or law enforcement
21 officers; definitions; exceptions; penalties.--
22 (1) A No person, firm, or corporation may not shall
23 install or transport in any motor vehicle or business
24 establishment, except an emergency vehicle or crime watch
25 vehicle as herein defined or a place established by municipal,
26 county, state, or federal authority for governmental purposes,
27 any frequency modulation radio receiving equipment so adjusted
28 or tuned as to receive messages or signals on frequencies
29 assigned by the Federal Communications Commission to police or
30 law enforcement officers or fire rescue personnel of any city
31 or county of the state or to the state or any of its agencies.
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1 Provided, nothing herein shall be construed to affect any
2 radio station licensed by the Federal Communications System or
3 to affect any recognized newspaper or news publication engaged
4 in covering the news on a full-time basis or any alarm system
5 contractor certified pursuant to part II of chapter 489,
6 operating a central monitoring system.
7 (2) As used in this section, the term:
8 (a) "Emergency vehicle" shall specifically mean:
9 1. Any motor vehicle used by any law enforcement
10 officer or employee of any city, any county, the state, the
11 Federal Bureau of Investigation, or the Armed Forces of the
12 United States while on official business;
13 2. Any fire department vehicle of any city or county
14 of the state or any state fire department vehicle;
15 3. Any motor vehicle designated as an emergency
16 vehicle by the Department of Highway Safety and Motor Vehicles
17 when said vehicle is to be assigned the use of frequencies
18 assigned to the state;
19 4. Any motor vehicle designated as an emergency
20 vehicle by the sheriff or fire chief of any county in the
21 state when said vehicle is to be assigned the use of
22 frequencies assigned to the said county;
23 5. Any motor vehicle designated as an emergency
24 vehicle by the chief of police or fire chief of any city in
25 the state when said vehicle is to be assigned the use of
26 frequencies assigned to the said city.
27 (b) "Crime watch vehicle" means any motor vehicle used
28 by any person participating in a citizen crime watch or
29 neighborhood watch program when such program and use are
30 approved in writing by the appropriate sheriff or chief of
31 police where the vehicle will be used and the vehicle is
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1 assigned the use of frequencies assigned to the county or
2 city. Such approval shall be renewed annually.
3 (3) This section shall not apply to any holder of a
4 valid amateur radio operator or station license issued by the
5 Federal Communications Commission or to any recognized
6 newspaper or news publication engaged in covering the news on
7 a full-time basis or any alarm system contractor certified
8 pursuant to part II of chapter 489, operating a central
9 monitoring system.
10 (4) Any person, firm, or corporation violating any of
11 the provisions of this section commits shall be deemed guilty
12 of a misdemeanor of the first second degree, punishable as
13 provided in s. 775.082 or s. 775.083.
14 Section 97. This act shall take effect July 1, 2005.
15
16
17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page 4, line 21, delete that line
20
21 and insert:
22 amending s. 261.03, F.S.; redefining the term
23 "off-highway vehicle" to include a two-rider
24 ATV; adding a definition; amending s. 316.003,
25 F.S.; defining the term "traffic signal
26 preemption system"; amending s. 316.0775, F.S.;
27 providing that the unauthorized use of a
28 traffic signal preemption device is a moving
29 violation; amending s. 316.122, F.S.; providing
30 for the right-of-way for certain passing
31 vehicles; creating s. 316.1576, F.S.; providing
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1 clearance specifications for a railroad-highway
2 grade crossing; providing a penalty; creating
3 s. 316.1577, F.S.; providing that an employer
4 is responsible under certain circumstances for
5 violations pertaining to railroad-highway grade
6 crossings; providing a penalty; amending s.
7 316.183, F.S.; increasing the minimum speed
8 limit on interstate highways under certain
9 circumstances; amending s. 316.1932, F.S.;
10 revising the requirements for printing the
11 notice of consent for sobriety testing on a
12 driver's license; amending s. 316.1936, F.S.,
13 relating to possession of open containers of
14 alcohol; removing an exemption provided for
15 passengers of a vehicle operated by a driver
16 holding a Class D driver's license; amending s.
17 316.194, F.S.; authorizing traffic accident
18 investigation officers to remove vehicles under
19 certain circumstances; amending s. 316.1967,
20 F.S.; providing that an owner of a leased
21 vehicle is not responsible for a parking ticket
22 violation in certain circumstances; amending s.
23 316.2074, F.S.; redefining the term
24 "all-terrain vehicle" to include a two-rider
25 ATV; amending s. 316.302, F.S.; updating a
26 reference to the Code of Federal Regulations
27 relating to commercial motor vehicles; amending
28 s. 316.605, F.S.; clarifying that portion of a
29 license plate which must be clear and plainly
30 visible; amending s. 316.613, F.S.; eliminating
31 authorization for the Department of Highway
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1 Safety and Motor Vehicles to expend certain
2 funds for promotional purposes; creating s.
3 316.6131, F.S.; authorizing the department to
4 expend certain funds for public information and
5 education campaigns; amending s. 316.650, F.S.;
6 providing exceptions to a prohibition against
7 using citations as evidence in a trial;
8 amending s. 317.0003, F.S.; defining the term
9 "off-highway vehicle" to include a two-rider
10 ATV; providing a definition; amending ss.
11 317.0004, 317.0005, and 317.0006, F.S.;
12 conforming references; amending s. 317.0007,
13 F.S.; authorizing the Department of Highway
14 Safety and Motor Vehicles to issue a validation
15 sticker as an additional proof of title for an
16 off-highway vehicle; providing for the
17 replacement of lost or destroyed off-highway
18 vehicle validation stickers; providing for
19 disposition of fees; repealing s. 317.0008(2),
20 F.S., relating to the expedited issuance of
21 duplicate certificates of title for off-highway
22 vehicles; amending ss. 317.0010, 317.0012, and
23 317.0013, F.S.; conforming references; creating
24 s. 317.0014, F.S.; establishing procedures for
25 the issuance of a certificate of title for an
26 off-highway vehicle; providing duties of the
27 Department of Highway Safety and Motor
28 Vehicles; providing for a notice of lien and
29 lien satisfaction; creating s. 317.0015, F.S.;
30 providing for the applicability of certain
31 provisions of law to the titling of off-highway
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1 vehicles; creating s. 317.0016, F.S.; providing
2 for the expedited issuance of titles for
3 off-highway vehicles; creating s. 317.0017,
4 F.S.; prohibiting specified actions relating to
5 the issuance of titles for off-highway
6 vehicles; providing a penalty; creating s.
7 317.0018, F.S.; prohibiting the transfer of an
8 off-highway vehicle without delivery of a
9 certificate of title; prescribing other
10 violations; providing a penalty; amending s.
11 318.14, F.S.; authorizing the department to
12 modify certain actions to suspend or revoke a
13 driver's license following notice of final
14 disposition; providing citation procedures and
15 proceedings for persons who do not hold a
16 commercial driver's license; amending s.
17 319.23, F.S.; requiring a licensed motor
18 vehicle dealer to notify the Department of
19 Highway Safety and Motor Vehicles of a motor
20 vehicle or mobile home taken as a trade-in;
21 requiring the department to update its title
22 record; amending s. 319.27, F.S.; correcting an
23 obsolete cross-reference; amending s. 320.06,
24 F.S.; providing for a credit or refund when a
25 registrant is required to replace a license
26 plate under certain circumstances; amending s.
27 320.0601, F.S.; requiring that a registration
28 or renewal of a long-term leased motor vehicle
29 be in the name of the lessee; amending s.
30 320.0605, F.S.; exempting a vehicle registered
31 as a fleet vehicle from the requirement that
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1 the certificate of registration be carried in
2 the vehicle at all times; amending s. 320.0843,
3 F.S.; requiring that an applicant's eligibility
4 for a disabled parking plate be noted on the
5 certificate; amending s. 320.131, F.S.;
6 authorizing the department to provide for an
7 electronic system for motor vehicle dealers to
8 use in issuing temporary license plates;
9 providing a penalty; amending s. 320.18, F.S.;
10 authorizing the department to cancel the
11 vehicle or vessel registration, driver's
12 license, or identification card of a person who
13 pays certain fees or penalties with a
14 dishonored check; amending s. 320.27, F.S.;
15 requiring dealer principals to provide
16 certification of completing continuing
17 education under certain circumstances;
18 requiring motor vehicle dealers to maintain
19 records for a specified period; providing
20 certain penalties; amending s. 322.01, F.S.;
21 redefining the terms "commercial motor vehicle"
22 and "out-of-service order"; providing the
23 definition of conviction applicable to offenses
24 committed in a commercial motor vehicle;
25 amending s. 322.05, F.S.; removing requirements
26 for a Class D driver's license; amending s.
27 322.051, F.S.; revising provisions relating to
28 the application for an identification card;
29 providing that the requirement for a fullface
30 photograph or digital image on an
31 identification card may not be waived under ch.
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1 761, F.S.; amending s. 322.07, F.S.; removing
2 requirements for a Class D driver's license;
3 amending s. 322.08, F.S.; providing that a
4 United States passport is an acceptable proof
5 of identity for purposes of obtaining a
6 driver's license; providing that a
7 naturalization certificate issued by the United
8 States Department of Homeland Security is an
9 acceptable proof of identity for such purpose;
10 providing that specified documents issued by
11 the United States Department of Homeland
12 Security are acceptable as proof of
13 nonimmigrant classification; amending s.
14 322.09, F.S.; requiring the signature of a
15 secondary guardian on a driver's license
16 application for a minor under certain
17 circumstances; amending s. 322.11, F.S.;
18 providing for notice to a minor before
19 canceling the minor's license due to the death
20 of the person who cosigned the initial
21 application; amending s. 322.12, F.S.; removing
22 requirements for a Class D driver's license;
23 amending s. 322.135, F.S.; deleting a
24 requirement that a portion of certain fees
25 collected by a tax collector be deposited in
26 the Highway Safety Operating Trust Fund;
27 revising requirements for the tax collector in
28 directing a licensee for examination or
29 reexamination; requiring county officers to pay
30 certain funds to the State Treasury by
31 electronic funds transfer within a specified
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1 period; amending s. 322.142, F.S.; providing
2 that the requirement for a fullface photograph
3 or digital image on a driver's license may not
4 be waived under ch. 761, F.S.; amending s.
5 322.161, F.S.; removing requirements for a
6 Class D driver's license; amending s. 322.17,
7 F.S., relating to duplicate and replacement
8 certificates; conforming a cross-reference;
9 amending s. 322.18, F.S.; revising the
10 expiration period for driver's licenses issued
11 to specified persons; conforming
12 cross-references; amending s. 322.19, F.S.,
13 relating to change of address or name;
14 conforming cross-references; amending s.
15 322.21, F.S.; removing requirements for a Class
16 D driver's license; requiring the department to
17 set a fee for a hazardous-materials
18 endorsement; providing that the fee may not
19 exceed $100; amending s. 322.212, F.S.;
20 providing an additional penalty for giving
21 false information when applying for a
22 commercial driver's license; amending s.
23 322.22, F.S.; authorizing the department to
24 cancel any identification card, vehicle or
25 vessel registration, or fuel-use decal of a
26 licensee who pays certain fees or penalties
27 with a dishonored check; amending s. 322.251,
28 F.S.; removing requirements for a Class D
29 driver's license; amending s. 322.2615, F.S.;
30 revising provisions related to administrative
31 suspension of driver's licenses; amending s.
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1 322.27, F.S.; providing 4 points to be assessed
2 against a person's driver's license for a
3 violation of s. 316.0775(2), F.S.; amending s.
4 322.30, F.S.; removing the requirements for a
5 Class D driver's license; amending s. 322.53,
6 F.S.; removing requirements for a Class D
7 driver's license; removing a requirement that
8 certain operators of a commercial motor vehicle
9 obtain a specified license; amending s. 322.54,
10 F.S.; revising the classification requirements
11 for certain driver's licenses; deleting
12 requirements for a Class D driver's license;
13 amending s. 322.57, F.S.; providing testing
14 requirements for school bus drivers; amending
15 s. 322.58, F.S.; deleting requirements for a
16 Class D driver's license and changing those
17 requirements to a Class E driver's license;
18 amending and reenacting s. 322.61, F.S.;
19 specifying additional violations that
20 disqualify a person from operating a commercial
21 motor vehicle; providing penalties; removing
22 requirements for a Class D driver's license;
23 amending s. 322.63, F.S.; clarifying provisions
24 governing alcohol and drug testing for
25 commercial motor vehicle operators; amending s.
26 322.64, F.S., and reenacting s. 322.64(14),
27 F.S., relating to citation procedures and
28 proceedings, to incorporate the amendment to s.
29 322.61, F.S., in a reference thereto; providing
30 for a temporary permit issued following certain
31 DUI offenses to apply only to the operation of
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1 noncommercial vehicles; amending s. 713.78,
2 F.S.; revising provisions relating to the
3 placement of a wrecker operator's lien against
4 a motor vehicle; amending s. 843.16, F.S.;
5 prohibiting the transportation of radio
6 equipment that receives signals on frequencies
7 used by this state's law enforcement officers
8 or fire rescue personnel; redefining the term
9 "emergency vehicle" to include any motor
10 vehicle designated as such by the fire chief of
11 a county or municipality; providing an enhanced
12 penalty; providing an effective date.
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