Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1363, 1st Eng.
       
       
       
       
       
       
                                Barcode 324712                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Latvala moved the following:
       
    1         Senate Amendment to Amendment (302038) (with title
    2  amendment)
    3  
    4         Between lines 3612 and 3613
    5  insert:
    6         Section 115. Subsection (1) of section 320.13, Florida
    7  Statutes, is amended to read:
    8         320.13 Dealer and manufacturer license plates and
    9  alternative method of registration.—
   10         (1)(a) Any licensed motor vehicle dealer and any licensed
   11  mobile home dealer may, upon payment of the license tax imposed
   12  by s. 320.08(12), secure one or more dealer license plates,
   13  which are valid for use on motor vehicles or mobile homes owned
   14  by the dealer to whom such plates are issued while the motor
   15  vehicles are in inventory and for sale, or while being operated
   16  in connection with such dealer’s business, but are not valid for
   17  use for hire. Dealer license plates may not be used on any tow
   18  truck or wrecker unless the tow truck or wrecker is being
   19  demonstrated for sale, and the dealer license plates may not be
   20  used on a vehicle used to transport another motor vehicle for
   21  the motor vehicle dealer.
   22         (b)1. Marine boat trailer dealers and manufacturers may,
   23  upon payment of the license taxes imposed by s. 320.08(12),
   24  secure one or more dealer plates, which are valid for use on
   25  boat trailers owned by the dealer to whom such plates are issued
   26  while being used in connection with such dealer’s business, but
   27  are not valid for use for hire.
   28         2. It is the intent of the Legislature that the method
   29  currently used to license marine boat trailer dealers to do
   30  business in the state, that is, by an occupational license
   31  issued by the city or county, not be changed. The department
   32  shall not interpret this act to mean that it is empowered to
   33  license such dealers to do business. An occupational license tax
   34  certificate shall be sufficient proof upon which the department
   35  may issue dealer license plates.
   36         (c) Dealers of heavy trucks as defined in s. 320.01(10)
   37  may, upon payment of the license tax imposed by s. 320.08(12),
   38  secure one or more dealer license plates, which are valid for
   39  use on vehicles owned by the dealer to whom such plates are
   40  issued while the heavy trucks are in inventory and for sale and
   41  are being used, only in Florida, for demonstration purposes.
   42  Such plates may be used for demonstration purposes for a period
   43  not to exceed 24 hours and must be validated on a form
   44  prescribed by the department and retained in the vehicle being
   45  operated.
   46         Section 116. Subsection (1) of section 320.771, Florida
   47  Statutes, is amended to read:
   48         320.771 License required of recreational vehicle dealers.—
   49         (1) DEFINITIONS.—As used in this section:
   50         (a) “Dealer” means any person engaged in the business of
   51  buying, selling, or dealing in recreational vehicles or offering
   52  or displaying recreational vehicles for sale. The term “dealer”
   53  includes a recreational vehicle broker. Any person who buys,
   54  sells, deals in, or offers or displays for sale, or who acts as
   55  the agent for the sale of, one or more recreational vehicles in
   56  any 12-month period shall be prima facie presumed to be a
   57  dealer. The terms “selling” and “sale” include lease-purchase
   58  transactions. The term “dealer” does not include banks, credit
   59  unions, and finance companies that acquire recreational vehicles
   60  as an incident to their regular business and does not include
   61  mobile home rental and leasing companies that sell recreational
   62  vehicles to dealers licensed under this section. A licensed
   63  dealer may transact business in recreational vehicles with a
   64  motor vehicle auction as defined in s. 320.27(1)(c)4. Further, a
   65  licensed dealer may, at retail or wholesale, sell a motor
   66  vehicle, as described in s. 320.01(1)(a), acquired in exchange
   67  for the sale of a recreational vehicle, if such acquisition is
   68  incidental to the principal business of being a recreational
   69  vehicle dealer. However, a recreational vehicle dealer may not
   70  buy a motor vehicle for the purpose of resale unless licensed as
   71  a motor vehicle dealer pursuant to s. 320.27.
   72         (b) “Recreational vehicle broker” means any person who is
   73  engaged in the business of offering to procure or procuring used
   74  recreational vehicles for the general public; who holds himself
   75  or herself out through solicitation, advertisement, or otherwise
   76  as one who offers to procure or procures used recreational
   77  vehicles for the general public; or who acts as the agent or
   78  intermediary on behalf of the owner or seller of a used
   79  recreational vehicle which is for sale or who assists or
   80  represents the seller in finding a buyer for the recreational
   81  vehicle.
   82         (c) For the purposes of this section, the term
   83  “recreational vehicle” does not include any camping trailer, as
   84  defined in s. 320.01(1)(b)2.
   85         (d) A dealer may apply for a certificate of title to a
   86  recreational vehicle required to be registered under s.
   87  320.08(9) using a manufacturer’s statement of origin as
   88  permitted by s. 319.23(1) only if such dealer is authorized by a
   89  manufacturer/dealer agreement as defined in s. 320.3202(8) on
   90  file with the department to buy, sell, or deal in that
   91  particular line-make of recreational vehicle and is authorized
   92  by such agreement to perform delivery and preparation
   93  obligations and warranty defect adjustments on that line-make.
   94         Section 117. Paragraph (a) of subsection (1) of section
   95  322.051, Florida Statutes, is amended, and subsection (9) is
   96  added to that section, to read:
   97         322.051 Identification cards.—
   98         (1) Any person who is 5 years of age or older, or any
   99  person who has a disability, regardless of age, who applies for
  100  a disabled parking permit under s. 320.0848, may be issued an
  101  identification card by the department upon completion of an
  102  application and payment of an application fee.
  103         (a) Each such application shall include the following
  104  information regarding the applicant:
  105         1. Full name (first, middle or maiden, and last), gender,
  106  proof of social security card number satisfactory to the
  107  department, county of residence, mailing address, proof of
  108  residential address satisfactory to the department, country of
  109  birth, and a brief description.
  110         2. Proof of birth date satisfactory to the department.
  111         3. Proof of identity satisfactory to the department. Such
  112  proof must include one of the following documents issued to the
  113  applicant:
  114         a. A driver’s license record or identification card record
  115  from another jurisdiction that required the applicant to submit
  116  a document for identification which is substantially similar to
  117  a document required under sub-subparagraph b., sub-subparagraph
  118  c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
  119  f., sub-subparagraph g., or sub-subparagraph h.;
  120         b. A certified copy of a United States birth certificate;
  121         c. A valid, unexpired United States passport;
  122         d. A naturalization certificate issued by the United States
  123  Department of Homeland Security;
  124         e. A valid, unexpired alien registration receipt card
  125  (green card);
  126         f. A Consular Report of Birth Abroad provided by the United
  127  States Department of State;
  128         g. An unexpired employment authorization card issued by the
  129  United States Department of Homeland Security; or
  130         h. Proof of nonimmigrant classification provided by the
  131  United States Department of Homeland Security, for an original
  132  identification card. In order to prove such nonimmigrant
  133  classification, applicants must provide at least one of may
  134  produce but are not limited to the following documents, and, in
  135  addition, the department may require applicants to produce
  136  United States Department of Homeland Security documents for the
  137  sole purpose of establishing the maintenance of or efforts to
  138  maintain continuous lawful presence:
  139         (I) A notice of hearing from an immigration court
  140  scheduling a hearing on any proceeding.
  141         (II) A notice from the Board of Immigration Appeals
  142  acknowledging pendency of an appeal.
  143         (III) Notice of the approval of an application for
  144  adjustment of status issued by the United States Bureau of
  145  Citizenship and Immigration Services.
  146         (IV) Any official documentation confirming the filing of a
  147  petition for asylum or refugee status or any other relief issued
  148  by the United States Bureau of Citizenship and Immigration
  149  Services.
  150         (V) Notice of action transferring any pending matter from
  151  another jurisdiction to Florida, issued by the United States
  152  Bureau of Citizenship and Immigration Services.
  153         (VI) Order of an immigration judge or immigration officer
  154  granting any relief that authorizes the alien to live and work
  155  in the United States including, but not limited to asylum.
  156         (VII) Evidence that an application is pending for
  157  adjustment of status to that of an alien lawfully admitted for
  158  permanent residence in the United States or conditional
  159  permanent resident status in the United States, if a visa number
  160  is available having a current priority date for processing by
  161  the United States Bureau of Citizenship and Immigration
  162  Services.
  163         (VIII) On or after January 1, 2010, an unexpired foreign
  164  passport with an unexpired United States Visa affixed,
  165  accompanied by an approved I-94, documenting the most recent
  166  admittance into the United States.
  167  
  168  An identification card issued based on documents required
  169  Presentation of any of the documents described in sub
  170  subparagraph g. or sub-subparagraph h. is valid entitles the
  171  applicant to an identification card for a period not to exceed
  172  the expiration date of the document presented or 1 year,
  173  whichever first occurs.
  174         (9) Notwithstanding any other provision of this section or
  175  s. 322.21 to the contrary, the department shall issue or renew a
  176  card at no charge to a person who presents good cause for a fee
  177  waiver.
  178         Section 118. Subsection (2) of section 322.08, Florida
  179  Statutes, is amended to read:
  180         322.08 Application for license; requirements for license
  181  and identification card forms.—
  182         (2) Each such application shall include the following
  183  information regarding the applicant:
  184         (a) Full name (first, middle or maiden, and last), gender,
  185  proof of social security card number satisfactory to the
  186  department, county of residence, mailing address, proof of
  187  residential address satisfactory to the department, country of
  188  birth, and a brief description.
  189         (b) Proof of birth date satisfactory to the department.
  190         (c) Proof of identity satisfactory to the department. Such
  191  proof must include one of the following documents issued to the
  192  applicant:
  193         1. A driver’s license record or identification card record
  194  from another jurisdiction that required the applicant to submit
  195  a document for identification which is substantially similar to
  196  a document required under subparagraph 2., subparagraph 3.,
  197  subparagraph 4., subparagraph 5., subparagraph 6., subparagraph
  198  7., or subparagraph 8.;
  199         2. A certified copy of a United States birth certificate;
  200         3. A valid, unexpired United States passport;
  201         4. A naturalization certificate issued by the United States
  202  Department of Homeland Security;
  203         5. A valid, unexpired alien registration receipt card
  204  (green card);
  205         6. A Consular Report of Birth Abroad provided by the United
  206  States Department of State;
  207         7. An unexpired employment authorization card issued by the
  208  United States Department of Homeland Security; or
  209         8. Proof of nonimmigrant classification provided by the
  210  United States Department of Homeland Security, for an original
  211  driver’s license. In order to prove nonimmigrant classification,
  212  an applicant must provide at least one of the following
  213  documents, and, in addition, the department may require
  214  applicants to produce United States Department of Homeland
  215  Security documents for the sole purpose of establishing the
  216  maintenance of or efforts to maintain continuous lawful presence
  217  may produce the following documents, including, but not limited
  218  to:
  219         a. A notice of hearing from an immigration court scheduling
  220  a hearing on any proceeding.
  221         b. A notice from the Board of Immigration Appeals
  222  acknowledging pendency of an appeal.
  223         c. A notice of the approval of an application for
  224  adjustment of status issued by the United States Bureau of
  225  Citizenship and Immigration Services.
  226         d. Any official documentation confirming the filing of a
  227  petition for asylum or refugee status or any other relief issued
  228  by the United States Bureau of Citizenship and Immigration
  229  Services.
  230         e. A notice of action transferring any pending matter from
  231  another jurisdiction to this state issued by the United States
  232  Bureau of Citizenship and Immigration Services.
  233         f. An order of an immigration judge or immigration officer
  234  granting any relief that authorizes the alien to live and work
  235  in the United States, including, but not limited to, asylum.
  236         g. Evidence that an application is pending for adjustment
  237  of status to that of an alien lawfully admitted for permanent
  238  residence in the United States or conditional permanent resident
  239  status in the United States, if a visa number is available
  240  having a current priority date for processing by the United
  241  States Bureau of Citizenship and Immigration Services.
  242         h. On or after January 1, 2010, an unexpired foreign
  243  passport with an unexpired United States Visa affixed,
  244  accompanied by an approved I-94, documenting the most recent
  245  admittance into the United States.
  246  
  247  A driver’s license or temporary permit issued based on documents
  248  required Presentation of any of the documents in subparagraph 7.
  249  or subparagraph 8. is valid entitles the applicant to a driver’s
  250  license or temporary permit for a period not to exceed the
  251  expiration date of the document presented or 1 year, whichever
  252  occurs first.
  253         (d) Whether the applicant has previously been licensed to
  254  drive, and, if so, when and by what state, and whether any such
  255  license or driving privilege has ever been disqualified,
  256  revoked, or suspended, or whether an application has ever been
  257  refused, and, if so, the date of and reason for such
  258  disqualification, suspension, revocation, or refusal.
  259         (e) Each such application may include fingerprints and
  260  other unique biometric means of identity.
  261  
  262  ================= T I T L E  A M E N D M E N T ================
  263         And the title is amended as follows:
  264         Delete line 3970
  265  and insert:
  266         Transportation to erect suitable markers; amending s.
  267         320.13, F.S.; authorizing dealers of certain heavy
  268         trucks, upon payment, to secure dealer license plates
  269         for demonstration purposes; providing criteria
  270         regarding use of such plates; amending s. 320.771,
  271         F.S.; specifying circumstances under which certain
  272         dealers may apply for a certificate of title to a
  273         recreational vehicle using a manufacturer’s statement
  274         of origin; amending s. 322.051, F.S.; revising the
  275         means by which an applicant for an identification card
  276         may prove nonimmigrant classification; clarifying the
  277         validity of an identification card based on specified
  278         documents; providing for the department to waive the
  279         fees for issuing or renewing an identification card to
  280         persons who present good cause for such waiver;
  281         amending s. 322.08, F.S.; revising requirements by
  282         which an applicant for a driver’s license may prove
  283         nonimmigrant classification; clarifying the validity
  284         of a license based on specified documents; providing
  285         an