Senate Bill 1270e3

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  1                      A bill to be entitled

  2         An act relating to motor vehicles and highway

  3         safety; amending s. 316.063, F.S.; revising

  4         provisions to refer to a "traffic crash" rather

  5         than an "accident"; providing a noncriminal

  6         traffic infraction for obstructing traffic

  7         under certain circumstances; amending s.

  8         316.1958, F.S.; restricting the issuance of

  9         disabled parking citations under certain

10         circumstances; amending s. 316.1975, F.S.;

11         revising provisions with respect to unattended

12         motor vehicles; amending s. 316.211, F.S.;

13         providing for compliance with certain federal

14         safety standards with respect to equipment for

15         motorcycle and moped riders; amending s.

16         316.520, F.S.; providing that it is a

17         noncriminal traffic infraction punishable as a

18         moving violation to violate load limits on

19         vehicles; amending s. 316.640, F.S.;

20         authorizing the Florida Highway Patrol to

21         employ certain persons as traffic accident

22         investigation officers; providing for certain

23         powers and duties; providing for the employment

24         of parking enforcement specialists by airport

25         authorities; amending s. 318.14, F.S.;

26         conforming cross-references to changes made by

27         the act; amending s. 318.15, F.S.; including

28         reference to the tax collector with respect to

29         the collection of certain service fees for

30         reinstatement of a suspended driver's license;

31         amending s. 318.36, F.S.; providing judicial


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  1         immunity for civil traffic infraction hearing

  2         officers; amending s. 319.14, F.S.; including

  3         reference to short-term and long-term lease

  4         vehicles; providing definitions; providing

  5         penalties; amending s. 319.23, F.S.; revising

  6         application requirements for a certificate of

  7         title; deleting references to collectible

  8         vehicles; amending s. 319.30, F.S.; revising

  9         provisions with respect to dismantling,

10         destroying, or changing the identity of a motor

11         vehicle or mobile home; providing penalties for

12         certain violations with respect to the change

13         of identity of a motor vehicle or mobile home;

14         amending s. 320.01, F.S.; defining the term

15         "agricultural products" for purposes of ch.

16         320, F.S.; amending s. 320.02, F.S.; revising

17         language with respect to application for

18         registration forms to include certain

19         identification information; amending s.

20         320.023, F.S.; revising audit requirements with

21         respect to voluntary contributions on the

22         application form for a motor vehicle

23         registration; amending s. 320.03, F.S.;

24         revising the distribution formula with respect

25         to a fee charged for the Florida Real Time

26         Vehicle Information System; amending s. 320.04,

27         F.S.; authorizing a service charge on vessel

28         decals issued from an automated vending

29         facility or printer dispenser machine; amending

30         s. 320.055, F.S.; revising provisions with

31         respect to registration periods; amending s.


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  1         320.06, F.S.; authorizing the department to

  2         issue manufacturer license plates; repealing s.

  3         320.065, F.S., relating to the registration of

  4         certain rental trailers for hire and

  5         semitrailers used to haul agricultural

  6         products; amending s. 320.0657, F.S.; revising

  7         provisions with respect to fleet license

  8         plates; providing fees; amending s. 320.08,

  9         F.S., relating to license fees; deleting

10         references to certain collectible vehicles;

11         providing a fee for manufacturer license

12         plates; amending s. 320.08056, F.S.; revising

13         the license plate annual use fee for the

14         Challenger license plate; repealing s.

15         320.08058(2)(f), F.S., which provides for the

16         repeal of the Challenger license plate;

17         amending s. 320.08058, F.S.; revising

18         provisions relating to the design of the

19         Florida Salutes Veterans license plate;

20         authorizing the Department of Veterans' Affairs

21         to use moneys from the license plate fee to

22         promote and market the plate; providing that a

23         certain percentage of the annual use fee for

24         the Indian River Lagoon license plate may be

25         used for the continuing promotion and marketing

26         of the license plate; amending s. 320.083,

27         F.S.; providing additional specifications for a

28         specialty license plate for amateur radio

29         operators; deleting obsolete provisions;

30         amending s. 320.084, F.S.; deleting obsolete

31         provisions; amending s. 320.086, F.S.; revising


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  1         provisions governing the issuance of license

  2         plates for certain historical motor vehicles;

  3         reenacting s. 320.072(2)(g), F.S., relating to

  4         the fee imposed on motor vehicle registrations,

  5         to incorporate the amendment to s. 320.086,

  6         F.S., in references thereto; amending s.

  7         320.13, F.S.; providing an alternative method

  8         of registration for manufacturer license

  9         plates; prohibiting the use of dealer license

10         plates for specified purposes; amending s.

11         320.131, F.S.; authorizing agents or Florida

12         licensed dealers to issue temporary license

13         tags when such tags are not specifically

14         authorized; providing penalties with respect to

15         certain violations concerning temporary tags;

16         amending s. 320.1325, F.S.; revising provisions

17         with respect to registration for the

18         temporarily employed; amending s. 320.27, F.S.;

19         revising provisions governing the denial,

20         suspension, or revocation of motor vehicle

21         dealer licenses; amending s. 320.30, F.S.;

22         providing for the forfeiture of a motor

23         vehicle; providing for confiscation and sale of

24         such vehicles; repealing s. 320.8249(11), F.S.,

25         which provides for an exemption from installer

26         licensing; amending s. 320.8325, F.S.;

27         providing for uniform standards; amending s.

28         321.06, F.S.; authorizing the department to

29         employ certain traffic accident investigation

30         officers; amending s. 322.08, F.S.; deleting

31         provisions with respect to certain applications


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  1         made by persons who hold an out-of-state driver

  2         license; amending s. 322.081, F.S.; revising

  3         audit requirements with respect to voluntary

  4         contributions on the driver's license

  5         application; amending s. 322.1615, F.S.;

  6         revising provisions with respect to a learner's

  7         driver's license; amending s. 322.2615, F.S.;

  8         revising provisions with respect to suspension

  9         of a license; amending s. 322.28, F.S.;

10         revising requirements for the period of

11         suspension or revocation of a driver's license;

12         amending s. 322.34, F.S.; conforming a

13         cross-reference to changes made by the act;

14         amending s. 325.207, F.S.; specifying required

15         provisions of certain contracts for certain

16         emission inspections; amending s. 325.2135,

17         F.S.; directing the Department of Highway

18         Safety and Motor Vehicles to enter into a

19         contract for a motor vehicle inspection

20         program; amending s. 325.214, F.S.; changing

21         the motor vehicle inspection fee; amending s.

22         327.031, F.S.; providing for the denial or

23         cancellation of a vessel registration when

24         payment for registration is made by a

25         dishonored check; amending s. 327.11, F.S.;

26         providing for a replacement vessel

27         registration; amending s. 327.23, F.S.;

28         providing for a temporary certificate of

29         registration for a vessel by certain

30         out-of-state residents; amending s. 327.25,

31         F.S.; revising language with respect to


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  1         transfer of ownership and registration of

  2         vessels; providing an exemption from vessel

  3         registration fees for vessels owned and

  4         operated for the Florida Association of

  5         Christian Child Caring Agencies, Inc.; creating

  6         s. 327.255, F.S.; providing for the duties of

  7         tax collectors with respect to vessel

  8         registration; providing fees; creating s.

  9         327.256, F.S.; providing procedures for

10         advanced vessel registration renewal; amending

11         s. 328.01, F.S.; revising provisions with

12         respect to application for a certificate of

13         title for a vessel; amending s. 328.11, F.S.;

14         increasing the time period for application for

15         a reissuance of a certificate of title;

16         amending s. 328.15, F.S.; providing

17         requirements with respect to certain second

18         liens on vessels; increasing the fee for

19         recording a notice of lien; providing

20         requirements with respect to satisfaction of a

21         lien on a vessel; providing penalties for

22         failure to comply; amending s. 328.16, F.S.;

23         providing requirements with respect to liens;

24         creating s. 328.165, F.S.; providing for

25         cancellation of certificates; amending s.

26         713.78, F.S.; revising requirements relating to

27         liens for recovering, towing, or storing

28         vehicles and undocumented vessels; providing an

29         exemption from the requirement of an inventory

30         of personal property found in a motor vehicle

31         to be removed from the scene of an accident


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  1         under certain circumstances; amending ss.

  2         732.9215, 732.9216, F.S.; conforming

  3         cross-references to changes made by the act;

  4         amending s. 812.014, F.S.; providing

  5         prohibition on a theft of gasoline while in a

  6         motor vehicle; amending s. 832.06, F.S.;

  7         revising provisions with respect to prosecution

  8         for worthless checks given to the tax collector

  9         for certain licenses or taxes; amending s.

10         932.701, F.S.; redefining the term "contraband

11         article," and reenacting ss. 705.101(6),

12         932.704(4), F.S., relating to forfeiture of

13         contraband article, to incorporate said

14         amendment in references; amending s. 324.201,

15         F.S.; deleting the requirement that recovery

16         agents notify law enforcement of a license

17         plate seizure; amending s. 324.202, F.S.;

18         expanding into additional counties a pilot

19         project that authorizes a recovery agent or

20         recovery agency to seize the license plate of a

21         motor vehicle following suspension of the

22         vehicle's registration or suspension of the

23         driver's license of the owner or operator of

24         the vehicle for failing to maintain personal

25         injury protection; specifying conditions

26         required for expansion; requiring a

27         determination from the Office of Program Policy

28         Analysis and Government Accountability;

29         requiring that the department provide

30         procedures for paying fees; amending s.

31         627.733, F.S.; deleting payment of a fee to


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  1         recovery agents; amending s. 318.18, F.S.;

  2         changing the date by which electronic

  3         transmission of certain data must be commenced;

  4         amending s. 322.245, F.S.; changing the time

  5         within which the failure of a person to pay

  6         child support must be reported; amending s.

  7         932.703, F.S.; revising language with respect

  8         to fines, penalties, and administrative charges

  9         for rented or leased vehicles seized under the

10         Florida Contraband Forfeiture Act; creating the

11         "Florida Clean Fuel Act"; providing purposes;

12         providing definitions; establishing the Clean

13         Fuel Florida Advisory Board; specifying

14         membership; providing purposes of the board;

15         providing for meetings and duties of the board;

16         requiring a report containing recommendations

17         for pilot programs; requiring a report to the

18         Legislature; requiring a budget; amending s.

19         322.051, F.S.; revising language with respect

20         to identification cards; amending s. 322.08,

21         F.S.; revising language with respect to

22         information required on application for

23         license; amending s. 322.09, F.S.; revising

24         language with respect to information required

25         with certain applications by minors; amending

26         s. 627.743, F.S.; requiring an insurer to

27         provide notice to the owner of a damaged

28         vehicle as to the consequences of failure to

29         use the insurance proceeds in accordance with a

30         security agreement; providing an exception;

31         designating a section of Highway 326 as the


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  1         Mike Stavola Highway; directing the Department

  2         of Transportation to erect suitable markers;

  3         clarifying references to certain courses;

  4         amending s. 318.1451, F.S.; prohibiting

  5         governmental entities or courts from providing,

  6         maintaining, or disclosing certain information

  7         relating to certain schools or course

  8         providers; amending s. 812.014, F.S.; including

  9         the theft of any stop sign within a list of

10         crimes which are considered to be grand theft

11         of the third degree; providing a penalty;

12         reenacting s. 316.003, F.S.; relating to the

13         definition of hazardous material; amending s.

14         316.008, F.S.; revising terminology and

15         deleting obsolete provisions; amending s.

16         316.061, F.S.; providing second degree

17         misdemeanor penalty for certain violations with

18         respect to leaving the scene of an accident;

19         revising terminology; amending ss. 316.027,

20         316.062, 316.063, 316.064, 316.065, 316.066,

21         316.068, 316.069, 316.070, 316.072, 316.640,

22         316.645, 318.1451, 318.17, 318.19, 318.32,

23         321.051, 321.23, 322.201, 322.221, 322.26,

24         322.291, 322.44, 322.61, 322.63, 324.011,

25         324.021, 324.022, 324.051, 324.061, 324.081,

26         324.091, 324.101, F.S.; changing the term

27         "accident" to "crash"; amending s. 316.067,

28         F.S.; providing a second degree misdemeanor

29         penalty for certain false reports; amending ss.

30         316.0745, 316.0747, 316.1895, 316.193,

31         316.2065, F.S.; deleting obsolete provisions;


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  1         amending s. 316.1935, F.S.; providing a first

  2         degree misdemeanor penalty for certain

  3         violations with respect to fleeing or

  4         attempting to elude a law enforcement officer;

  5         amending s. 316.2074, F.S.; deleting certain

  6         findings of the Legislature with respect to

  7         all-terrain vehicles; amending ss. 316.3027,

  8         316.70, F.S.; providing reference to the United

  9         States Department of Transportation; amending

10         s. 316.615, F.S., relating to school buses;

11         amending ss. 316.613, 316.6135, F.S.;

12         correcting reference to the Department of

13         Highway Safety and Motor Vehicles; amending s.

14         316.405, F.S.; authorizing certain use of

15         modulating headlights by motorcycles; revising

16         various provisions in chapter 316, F.S., to

17         conform cross-references, delete obsolete

18         provisions, and to provide uniform references

19         to penalties for moving and nonmoving

20         noncriminal traffic offenses punishable under

21         chapter 318, F.S.; amending s. 318.12, F.S.;

22         revising references; amending ss. 318.13,

23         318.14, F.S.; conforming cross-references;

24         amending ss. 318.18, 318.21, F.S.; revising

25         provisions relating to civil penalties;

26         repealing s. 318.39, F.S., relating to the

27         Highway Safety Operating Trust Fund; amending

28         s. 319.28, F.S.; revising provisions relating

29         to repossession; amending s. 319.33, F.S.;

30         conforming cross-references; amending ss.

31         320.02 and 320.03, F.S.; deleting obsolete


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  1         provisions; amending s. 320.031, F.S.; revising

  2         provisions relating to the mailing of

  3         registration certificates, license plates, and

  4         validation stickers; amending s. 320.055, F.S.;

  5         conforming cross-references; amending ss.

  6         320.06, 320.061, F.S.; deleting obsolete

  7         provisions; amending ss. 320.0605, 320.07,

  8         F.S.; providing uniform reference to

  9         noncriminal traffic infractions; repealing s.

10         320.073, F.S., relating to refund of impact

11         fees; amending s. 320.0802, F.S.; providing

12         reference to the Department of Management

13         Services; amending s. 320.08058, F.S.; revising

14         provisions relating to Manatee license plates

15         and Florida Special Olympics license plates;

16         amending s. 320.0848, F.S.; conforming a

17         cross-reference with respect to disabled

18         parking permits; amending s. 320.087, F.S.;

19         providing reference to the United States

20         Department of Transportation; amending s.

21         320.1325, F.S.; deleting a cross-reference;

22         amending s. 320.20, F.S.; deleting obsolete

23         provisions; amending s. 320.8255, F.S.;

24         providing reference to labels rather than seals

25         with respect to certain mobile home

26         inspections; repealing s. 320.8256, F.S.,

27         relating to recreational vehicle inspection;

28         repealing ss. 321.06, 321.07, 321.09, 321.15,

29         321.17, 321.18, 321.19, 321.191, 321.20,

30         321.201, 321.202, 321.203, 321.21, 321.22,

31         321.2205, 321.221, 321.222, 321.223, F.S.,


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  1         relating to the Florida Highway Patrol and the

  2         pension system therefor; amending s. 322.055,

  3         F.S.; providing reference to the Department of

  4         Children and Family Services; amending s.

  5         322.0261, F.S.; revising terminology to change

  6         the term "accident" to "crash"; amending s.

  7         322.08, F.S.; deleting obsolete provisions;

  8         amending ss. 322.12, 322.121, F.S.; conforming

  9         cross-references; amending s. 322.141, F.S.;

10         deleting obsolete provisions; amending s.

11         322.15, F.S.; providing reference to

12         noncriminal traffic infractions; amending s.

13         322.20, F.S.; providing reference to the

14         Department of Health; reenacting and amending

15         s. 322.264, F.S., relating to habitual traffic

16         offenders; revising terminology; amending s.

17         322.27, F.S.; conforming cross-references;

18         amending s. 322.292, F.S.; revising provisions

19         relating to DUI programs supervision; amending

20         s. 322.293, F.S.; deleting obsolete provisions;

21         amending s. 322.57, F.S.; revising provisions

22         relating to driving tests; amending s. 324.202,

23         F.S.; deleting obsolete provisions; repealing

24         ss. 325.01, 325.02, 325.03, 325.04, 325.05,

25         325.06, 325.07, 325.08, 325.09, 325.10, F.S.,

26         relating to vehicle safety equipment and

27         inspections; amending s. 325.209, F.S.;

28         revising provisions relating to waivers;

29         reenacting s. 325.212(2), F.S., relating to

30         reinspections; reenacting s. 328.17(1), F.S.,

31         relating to nonjudicial sale of vessels;


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  1         amending s. 627.7415, F.S., relating to

  2         commercial motor vehicles, to include reference

  3         to noncriminal traffic infractions; amending s.

  4         627.742, F.S.; providing reference to

  5         noncriminal traffic infractions with respect to

  6         certain violations with respect to nonpublic

  7         sector buses; amending s. 784.07, F.S.;

  8         conforming a cross-reference; amending s.

  9         335.0415, F.S.; modifying the date to be used

10         in determining the jurisdiction of and

11         responsibility for public roads; repealing s.

12         14 of ch. 98-223, Laws of Florida, relating to

13         required security for the operation of a motor

14         vehicle; amending s. 715.05, F.S.; requiring

15         notice to the insurer of certain unclaimed or

16         impounded vehicles; providing effective dates.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 316.063, Florida Statutes, is

21  amended to read:

22         316.063  Duty upon damaging unattended vehicle or other

23  property.--

24         (1)  The driver of any vehicle which collides with, or

25  is involved in a crash an accident with, any vehicle or other

26  property which is unattended, resulting in any damage to such

27  other vehicle or property, shall immediately stop and shall

28  then and there either locate and notify the operator or owner

29  of the vehicle or other property of the driver's name and

30  address and the registration number of the vehicle he or she

31  is driving, or shall attach securely in a conspicuous place in


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  1  or on the vehicle or other property a written notice giving

  2  the driver's name and address and the registration number of

  3  the vehicle he or she is driving, and shall without

  4  unnecessary delay notify the nearest office of a duly

  5  authorized police authority.  Every such stop shall be made

  6  without obstructing traffic more than is necessary. If a

  7  damaged vehicle is obstructing traffic, the driver shall make

  8  every reasonable effort to move the vehicle or have it moved

  9  so as not to obstruct the regular flow of traffic. Any person

10  who fails to comply with this subsection commits a misdemeanor

11  of the second degree, punishable as provided in s. 775.082 or

12  s. 775.083.

13         (2)  Every such stop shall be made without obstructing

14  traffic more than is necessary. If a damaged vehicle is

15  obstructing traffic, the driver shall make every reasonable

16  effort to move the vehicle or have it moved so as not to

17  obstruct the regular flow of traffic. A violation of this

18  subsection is a noncriminal traffic infraction, punishable as

19  a nonmoving violation as provided in chapter 318.

20         (3)(2)  The law enforcement officer at the scene of a

21  crash an accident required to be reported in accordance with

22  the provisions of subsection (1) or the law enforcement

23  officer receiving a report by a driver as required by

24  subsection (1) shall, if part or any of the property damaged

25  is a fence or other structure used to house or contain

26  livestock, promptly make a reasonable effort to notify the

27  owner, occupant, or agent of this damage.

28         Section 2.  Section 316.1958, Florida Statutes, 1998

29  Supplement, is amended to read:

30         316.1958  Out-of-state vehicles bearing identification

31  of issuance to persons who have disabilities.--Motor vehicles


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  1  displaying a special license plate or parking permit issued to

  2  a person who has a disability by any other state or district

  3  subject to the laws of the United States or by a foreign

  4  country that issues disabled parking permits that display the

  5  international symbol of accessibility are recognized as

  6  displaying a valid license plate or permit, that allows such a

  7  vehicle special parking privileges under s. 316.1955, if the

  8  other state or district grants reciprocal recognition for

  9  residents of this state who have disabilities. However, when

10  an individual is required by law to have a Florida driver's

11  license or a Florida vehicle registration, a special motor

12  vehicle license plate or parking permit issued by another

13  state, district, or country to persons who have disabilities

14  is not valid and the individual whose vehicle displays such an

15  invalid plate or permit is subject to the same penalty as an

16  individual whose vehicle does not display a valid plate or

17  permit. A law enforcement officer or parking enforcement

18  specialist may not ticket a vehicle for a violation of s.

19  316.1955 without first determining whether the vehicle is

20  transporting a resident of another state who is the owner of

21  the out-of-state placard.

22         Section 3.  Section 316.1975, Florida Statutes, is

23  amended to read:

24         316.1975  Unattended motor vehicle.--

25         (1)  A No person driving or in charge of any motor

26  vehicle may not except a licensed delivery truck or other

27  delivery vehicle while making deliveries, shall permit it to

28  stand unattended without first stopping the engine, locking

29  the ignition, and removing the key.  A No vehicle may not

30  shall be permitted to stand unattended upon any perceptible

31  grade without stopping the engine and effectively setting the


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  1  brake thereon and turning the front wheels to the curb or side

  2  of the street.

  3         (2)  This section does not apply to the operator of:

  4         (a)  An authorized emergency vehicle while in the

  5  performance of official duties and the vehicle is equipped

  6  with an activated anti-theft device that prohibits the vehicle

  7  from being driven; or

  8         (b)  A licensed delivery truck or other delivery

  9  vehicle while making deliveries.

10         Section 4.  Section 316.211, Florida Statutes, is

11  amended to read:

12         316.211  Equipment for motorcycle and moped riders.--

13         (1)  A No person may not shall operate or ride upon a

14  motorcycle unless the person is properly wearing protective

15  headgear securely fastened upon his or her head which complies

16  with Federal Motorcycle Vehicle Safety Standard 218

17  promulgated by the United States Department of Transportation.

18  The Department of Highway Safety and Motor Vehicles shall

19  adopt this standard by agency rule standards established by

20  the department.

21         (2)  A No person may not shall operate a motorcycle

22  unless the person is wearing an eye-protective device over his

23  or her eyes of a type approved by the department.

24         (3)  This section does shall not apply to persons

25  riding within an enclosed cab or to any person 16 years of age

26  or older who is operating or riding upon a motorcycle powered

27  by a motor with a displacement of 50 cubic centimeters or less

28  or is rated not in excess of 2 brake horsepower and which is

29  not capable of propelling such motorcycle at a speed greater

30  than 30 miles per hour on level ground.

31


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  1         (4)  A No person under 16 years of age may not shall

  2  operate or ride upon a moped unless the person is properly

  3  wearing protective headgear securely fastened upon his or her

  4  head which complies with Federal Motorcycle Vehicle Safety

  5  Standard 218 promulgated by the United States Department of

  6  Transportation standards established by the department.

  7         (5)  The department shall make available a list of

  8  protective headgear approved in this section, and the list

  9  shall be provided on request. The department is authorized to

10  approve protective headgear made to specifications drawn and

11  devised by, or approved by, the American National Standards

12  Institute, the United States Department of Transportation, the

13  United States Consumer Products Safety Commission, the United

14  States Department of Defense, or any other entity which can

15  provide equally effective equipment specifications.  The

16  department shall publish lists of protective equipment, and

17  such lists shall be made available by request to all users of

18  such equipment.

19         Section 5.  Section 316.520, Florida Statutes, is

20  amended to read:

21         316.520  Loads on vehicles.--

22         (1)  A No vehicle may not shall be driven or moved on

23  any highway unless the vehicle is so constructed or loaded as

24  to prevent any of its load from dropping, shifting, leaking,

25  blowing, or otherwise escaping therefrom, except that sand may

26  be dropped only for the purpose of securing traction or water

27  or other substance may be sprinkled on a roadway in cleaning

28  or maintaining the roadway.

29         (2)  It is the duty of every owner and driver,

30  severally, of any vehicle hauling, upon any public road or

31  highway open to the public, dirt, sand, lime rock, gravel,


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  1  silica, or other similar aggregate or trash, garbage, or any

  2  similar material that which could fall or blow from such

  3  vehicle, to prevent such materials from falling, blowing, or

  4  in any way escaping from such vehicle. Covering and securing

  5  the load with a close-fitting tarpaulin or other appropriate

  6  cover is required.

  7         (3)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a moving violation as

  9  provided in chapter 318.

10         Section 6.  Paragraph (a) of subsection (1) of section

11  316.640, Florida Statutes, is amended to read:

12         316.640  Enforcement.--The enforcement of the traffic

13  laws of this state is vested as follows:

14         (1)  STATE.--

15         (a)1.a.  The Division of Florida Highway Patrol of the

16  Department of Highway Safety and Motor Vehicles, the Division

17  of Law Enforcement of the Game and Fresh Water Fish

18  Commission, the Division of Law Enforcement of the Department

19  of Environmental Protection, and law enforcement officers of

20  the Department of Transportation each have authority to

21  enforce all of the traffic laws of this state on all the

22  streets and highways thereof and elsewhere throughout the

23  state wherever the public has a right to travel by motor

24  vehicle. The Division of the Florida Highway Patrol may employ

25  as a traffic accident investigation officer any individual who

26  successfully completes at least 200 hours of instruction in

27  traffic accident investigation and court presentation through

28  the Selective Traffic Enforcement Program as approved by the

29  Criminal Justice Standards and Training Commission and funded

30  through the National Highway Traffic Safety Administration or

31  a similar program approved by the commission, but who does not


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  1  necessarily meet the uniform minimum standards established by

  2  the commission for law enforcement officers or auxiliary law

  3  enforcement officers under chapter 943. Any such traffic

  4  accident investigation officer who makes an investigation at

  5  the scene of a traffic accident may issue traffic citations,

  6  based upon personal investigation, when he or she has

  7  reasonable and probable grounds to believe that a person who

  8  was involved in the accident committed an offense under this

  9  chapter, chapter 319, chapter 320, or chapter 322 in

10  connection with the accident. This paragraph does not permit

11  the carrying of firearms or other weapons, nor do such

12  officers have arrest authority other than for the issuance of

13  a traffic citation as authorized in this paragraph.

14         b.  University police officers shall have authority to

15  enforce all of the traffic laws of this state when such

16  violations occur on or about any property or facilities that

17  are under the guidance, supervision, regulation, or control of

18  the State University System, except that traffic laws may be

19  enforced off-campus when hot pursuit originates on-campus.

20         c.  Community college police officers shall have the

21  authority to enforce all the traffic laws of this state only

22  when such violations occur on any property or facilities that

23  are under the guidance, supervision, regulation, or control of

24  the community college system.

25         d.  Police officers employed by an airport authority

26  shall have the authority to enforce all of the traffic laws of

27  this state only when such violations occur on any property or

28  facilities that are owned or operated by an airport authority.

29         (I)  An airport authority may employ as a parking

30  enforcement specialist any individual who successfully

31  completes a training program established and approved by the


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  1  Criminal Justice Standards and Training Commission for parking

  2  enforcement specialists but who does not otherwise meet the

  3  uniform minimum standards established by the commission for

  4  law enforcement officers or auxiliary or part-time officers

  5  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

  6  construed to permit the carrying of firearms or other weapons,

  7  nor shall such parking enforcement specialist have arrest

  8  authority.

  9         (II)  A parking enforcement specialist employed by an

10  airport authority is authorized to enforce all state, county,

11  and municipal laws and ordinances governing parking only when

12  such violations are on property or facilities owned or

13  operated by the airport authority employing the specialist, by

14  appropriate state, county, or municipal traffic citation.

15         e.  The Office of Agricultural Law Enforcement of the

16  Department of Agriculture and Consumer Services shall have the

17  authority to enforce traffic laws of this state only as

18  authorized by the provisions of chapter 570. However, nothing

19  in this section shall expand the authority of the Office of

20  Agricultural Law Enforcement at its agricultural inspection

21  stations to issue any traffic tickets except those traffic

22  tickets for vehicles illegally passing the inspection station.

23         f.  School safety officers shall have the authority to

24  enforce all of the traffic laws of this state when such

25  violations occur on or about any property or facilities which

26  are under the guidance, supervision, regulation, or control of

27  the district school board.

28         2.  An agency of the state as described in subparagraph

29  1. is prohibited from establishing a traffic citation quota. A

30  violation of this subparagraph is not subject to the penalties

31  provided in chapter 318.


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  1         3.  Any disciplinary action taken or performance

  2  evaluation conducted by an agency of the state as described in

  3  subparagraph 1. of a law enforcement officer's traffic

  4  enforcement activity must be in accordance with written

  5  work-performance standards. Such standards must be approved by

  6  the agency and any collective bargaining unit representing

  7  such law enforcement officer. A violation of this subparagraph

  8  is not subject to the penalties provided in chapter 318.

  9         Section 7.  Subsections (1), (4), and (9) of section

10  318.14, Florida Statutes, are amended to read:

11         318.14  Noncriminal traffic infractions; exception;

12  procedures.--

13         (1)  Except as provided in ss. 318.17 and 320.07(3)(c)

14  320.07(3)(b), any person cited for a violation of s. 240.265,

15  chapter 316, s. 320.0605(1), s. 320.07(3)(a) or (b), s.

16  322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.161(4), or

17  s. 322.19 is charged with a noncriminal infraction and must be

18  cited for such an infraction and cited to appear before an

19  official. If another person dies as a result of the

20  noncriminal infraction, the person cited may be required to

21  perform 120 community service hours under s. 316.027(4), in

22  addition to any other penalties.

23         (4)  Any person charged with a noncriminal infraction

24  under this section who does not elect to appear shall pay the

25  civil penalty and delinquent fee, if applicable, either by

26  mail or in person, within 30 days after of the date of

27  receiving the citation.  If the person cited follows the above

28  procedure, he or she shall be deemed to have admitted the

29  infraction and to have waived his or her right to a hearing on

30  the issue of commission of the infraction.  Such admission

31  shall not be used as evidence in any other proceedings.  Any


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  1  person who is cited for a violation of s. 320.0605(1) or s.

  2  322.15(1), or subject to a penalty under s. 320.07(3)(a) or

  3  (b) or s. 322.065, and who makes an election under this

  4  subsection shall submit proof of compliance with the

  5  applicable section to the clerk of the court. For the purposes

  6  of this subsection, proof of compliance consists of a valid

  7  driver's license or a valid registration certificate.

  8         (9)  Any person who is cited for an infraction under

  9  this section other than a violation of s. 320.0605(1), s.

10  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

11  s. 322.62 may, in lieu of a court appearance, elect to attend

12  in the location of his or her choice within this state a basic

13  driver improvement course approved by the Department of

14  Highway Safety and Motor Vehicles. In such a case,

15  adjudication must be withheld; points, as provided by s.

16  322.27, may not be assessed; and the civil penalty that is

17  imposed by s. 318.18(3) must be reduced by 18 percent;

18  however, a person may not make an election under this

19  subsection if the person has made an election under this

20  subsection in the preceding 12 months. A person may make no

21  more than five elections under this subsection. The

22  requirement for community service under s. 318.18(7) is not

23  waived by a plea of nolo contendere or by the withholding of

24  adjudication of guilt by a court.

25         Section 8.  Paragraph (a) of subsection (1) and

26  subsection (2) of section 318.15, Florida Statutes, are

27  amended to read:

28         318.15  Failure to comply with civil penalty or to

29  appear; penalty.--

30         (1)(a)  If a person fails to comply with the civil

31  penalties provided in s. 318.18 within the time period


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  1  specified in s. 318.14(4), fails to attend driver improvement

  2  school, or fails to appear at a scheduled hearing, the clerk

  3  of the court shall notify the Division of Driver Licenses of

  4  the Department of Highway Safety and Motor Vehicles of such

  5  failure within 10 5 days after such failure.  Upon receipt of

  6  such notice, the department shall immediately issue an order

  7  suspending the driver's license and privilege to drive of such

  8  person effective 20 days after the date the order of

  9  suspension is mailed in accordance with s. 322.251(1), (2),

10  and (6). Any such suspension of the driving privilege which

11  has not been reinstated, including a similar suspension

12  imposed outside Florida, shall remain on the records of the

13  department for a period of 7 years from the date imposed and

14  shall be removed from the records after the expiration of 7

15  years from the date it is imposed.

16         (2)  After suspension of the driver's license and

17  privilege to drive of a person under subsection (1), the

18  license and privilege may not be reinstated until the person

19  complies with all obligations and penalties imposed on him or

20  her under s. 318.18 and presents to a driver license office a

21  certificate of compliance issued by the court, together with

22  the $25 nonrefundable service fee imposed under s. 322.29, or

23  pays the aforementioned $25 service fee to the clerk of the

24  court or tax collector clearing such suspension.  Such person

25  shall also be in compliance with requirements of chapter 322

26  prior to reinstatement.

27         Section 9.  Paragraph (a) of subsection (8) of section

28  318.18, Florida Statutes, 1998 Supplement, is amended to read:

29         318.18  Amount of civil penalties.--The penalties

30  required for a noncriminal disposition pursuant to s. 318.14

31  are as follows:


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  1         (8)(a)  Any person who fails to comply with the court's

  2  requirements or who fails to pay the civil penalties specified

  3  in this section within the 30-day period provided for in s.

  4  318.14 must pay an additional civil penalty of $12, $2.50 of

  5  which must be deposited into the General Revenue Fund, and

  6  $9.50 of which must be deposited in the Highway Safety

  7  Operating Trust Fund. There is hereby appropriated from the

  8  Highway Safety Operating Trust Fund for fiscal year 1996-1997

  9  the amount of $4 million.  From this appropriation the

10  department shall contract with the Florida Association of

11  Court Clerks, Inc., to design, establish, operate, upgrade,

12  and maintain an automated statewide Uniform Traffic Citation

13  Accounting System to be operated by the clerks of the court

14  which shall include, but not be limited to, the accounting for

15  traffic infractions by type, a record of the disposition of

16  the citations, and an accounting system for the fines assessed

17  and the subsequent fine amounts paid to the clerks of the

18  court. On or before December 1, 2001 1999, the clerks of the

19  court must provide the information required by this chapter to

20  be transmitted to the department by electronic transmission

21  pursuant to the contract.

22         Section 10.  Section 318.36, Florida Statutes, is

23  amended to read:

24         318.36  Code of ethics.--Hearing officers shall be

25  subject to The Florida Bar Code of Professional Responsibility

26  and not the Judicial Code of Ethics, except that they shall

27  avoid practices or occupations that would constitute a

28  conflict of interest or give the appearance of impropriety.

29  Whether serving full time or part time, hearing officers shall

30  be prohibited from representing clients or practicing before

31  any other hearing officer of a civil traffic court or from


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  1  representing any client appealing the decision of any other

  2  hearing officer. A civil traffic infractions hearing officer

  3  appointed under s. 318.30 shall have judicial immunity in the

  4  same manner and to the same extent as judges.

  5         Section 11.  Subsections (1), (2), and (3) of section

  6  319.14, Florida Statutes, are amended to read:

  7         319.14  Sale of motor vehicles registered or used as

  8  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

  9  and nonconforming vehicles.--

10         (1)(a)  No person shall knowingly offer for sale, sell,

11  or exchange any vehicle that has been licensed, registered, or

12  used as a taxicab, police vehicle, or short-term-lease lease

13  vehicle which will no longer be in lease service after April

14  29, 1990, or a vehicle that which has been repurchased by a

15  manufacturer pursuant to a settlement, determination, or

16  decision under chapter 681, until the department has stamped

17  in a conspicuous place on the certificate of title of the

18  vehicle, or its duplicate, words stating the nature of the

19  previous use of the vehicle or the title has been stamped

20  "Manufacturer's Buy Back" to reflect that the vehicle is a

21  nonconforming vehicle. If the certificate of title or

22  duplicate was not so stamped upon initial issuance thereof or

23  if, subsequent to initial issuance of the title, the use of

24  the vehicle is changed to a use requiring the notation

25  provided for in this section, the owner or lienholder of the

26  vehicle shall surrender the certificate of title or duplicate

27  to the department prior to offering the vehicle for sale, and

28  the department shall stamp the certificate or duplicate as

29  required herein.  When a vehicle has been repurchased by a

30  manufacturer pursuant to a settlement, determination, or

31  decision under chapter 681, the title shall be stamped


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  1  "Manufacturer's Buy Back" to reflect that the vehicle is a

  2  nonconforming vehicle.

  3         (b)  No person shall knowingly offer for sale, sell, or

  4  exchange a rebuilt vehicle until the department has stamped in

  5  a conspicuous place on the certificate of title for the

  6  vehicle words stating that the vehicle has been rebuilt,

  7  assembled from parts, or combined, or is a kit car, glider

  8  kit, replica, or flood vehicle unless proper application for a

  9  certificate of title for a vehicle that is rebuilt, assembled

10  from parts, or combined, or is a kit car, glider kit, replica,

11  or flood vehicle has been made to the department in accordance

12  with this chapter and the department has conducted the

13  physical examination of the vehicle to assure the identity of

14  the vehicle.

15         (c)  As used in this section:

16         1.  "Police vehicle" means a motor vehicle owned or

17  leased by the state or a county or municipality and used in

18  law enforcement.

19         2.a.  "Short-term-lease vehicle" "Lease vehicle" means

20  a motor vehicle leased without a driver and under a written

21  agreement to one person for a period of 12 months or longer or

22  to one or more persons from time to time for a period of less

23  than 12 months.

24         b.  "Long-term-lease vehicle" means a motor vehicle

25  leased without a driver and under a written agreement to one

26  person for a period of 12 months or longer.

27         c.  "Lease vehicle" includes both short-term-lease

28  vehicles and long-term-lease vehicles.

29         3.  "Rebuilt vehicle" means a motor vehicle or mobile

30  home built from salvage or junk, as defined in s. 319.30(1).

31


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  1         4.  "Assembled from parts" means a motor vehicle or

  2  mobile home assembled from parts of motor vehicles or mobile

  3  homes, new or used. "Assembled from parts" does not mean a

  4  motor vehicle defined as a "rebuilt vehicle" in subparagraph

  5  3., which has been declared a total loss pursuant to s.

  6  319.30.

  7         5.  "Combined" means assembled by combining two motor

  8  vehicles neither of which has been titled and branded as

  9  "Salvage Unrebuildable."

10         6.  "Kit car" means a motor vehicle assembled with a

11  kit supplied by a manufacturer to rebuild a wrecked or

12  outdated motor vehicle with a new body kit.

13         7.  "Glider kit" means a vehicle assembled with a kit

14  supplied by a manufacturer to rebuild a wrecked or outdated

15  truck or truck tractor.

16         8.  "Replica" means a complete new motor vehicle

17  manufactured to look like an old vehicle.

18         9.  "Flood vehicle" means a motor vehicle or mobile

19  home that has been declared to be a total loss pursuant to s.

20  319.30(3)(a) resulting from damage caused by water.

21         10.  "Nonconforming vehicle" means a motor vehicle

22  which has been purchased by a manufacturer pursuant to a

23  settlement, determination, or decision under chapter 681.

24         11.  "Settlement" means an agreement entered into

25  between a manufacturer and a consumer that occurs after a

26  dispute is submitted to a program, or an informal dispute

27  settlement procedure established by a manufacturer or is

28  approved for arbitration before the New Motor Vehicle

29  Arbitration Board as defined in s. 681.102.

30         (2)  No person shall knowingly sell, exchange, or

31  transfer a vehicle referred to in subsection (1) without,


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  1  prior to consummating the sale, exchange, or transfer,

  2  disclosing in writing to the purchaser, customer, or

  3  transferee the fact that the vehicle has previously been

  4  titled, registered, or used as a taxicab, police vehicle, or

  5  short-term-lease lease vehicle or is a vehicle that is

  6  rebuilt, assembled from parts, or combined, or is a kit car,

  7  glider kit, replica, or flood vehicle, or is a nonconforming

  8  vehicle, as the case may be.

  9         (3)  Any person who, with intent to offer for sale or

10  exchange any vehicle referred to in subsection (1), knowingly

11  or intentionally advertises, publishes, disseminates,

12  circulates, or places before the public in any communications

13  medium, whether directly or indirectly, any offer to sell or

14  exchange the vehicle shall clearly and precisely state in each

15  such offer that the vehicle has previously been titled,

16  registered, or used as a taxicab, police vehicle, or

17  short-term-lease lease vehicle or that the vehicle or mobile

18  home is a vehicle that is rebuilt, assembled from parts, or

19  combined, or is a kit car, glider kit, replica, or flood

20  vehicle, or a nonconforming vehicle, as the case may be.  Any

21  person who violates this subsection is guilty of a misdemeanor

22  of the second degree, punishable as provided in s. 775.082 or

23  s. 775.083.

24         Section 12.  Subsections (3) and (8) of section 319.23,

25  Florida Statutes, are amended to read:

26         319.23  Application for, and issuance of, certificate

27  of title.--

28         (3)  If a certificate of title has not previously been

29  issued for a motor vehicle or mobile home in this state, the

30  application, unless otherwise provided for in this chapter,

31  shall be accompanied by a proper bill of sale or sworn


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  1  statement of ownership, or a duly certified copy thereof, or

  2  by a certificate of title, bill of sale, or other evidence of

  3  ownership required by the law of the state or county from

  4  which the motor vehicle or mobile home was brought into this

  5  state.  The application shall also be accompanied by:

  6         (a)1.  A sworn affidavit from the seller and purchaser

  7  verifying that the vehicle identification number shown on the

  8  affidavit is identical to the vehicle identification number

  9  shown on the motor vehicle; or

10         2.  An appropriate departmental form evidencing that a

11  physical examination has been made of the motor vehicle by the

12  owner and by a duly constituted law enforcement officer in any

13  state, a licensed motor vehicle dealer, a license inspector as

14  provided by s. 320.58, or a notary public commissioned by this

15  state and that the vehicle identification number shown on such

16  form is identical to the vehicle identification number shown

17  on the motor vehicle; and

18         (b)  If the vehicle is a used car original, a sworn

19  affidavit from the owner verifying that the odometer reading

20  shown on the affidavit is identical to the odometer reading

21  shown on the motor vehicle in accordance with the requirements

22  of 49 C.F.R. s. 580.5 at the time that application for title

23  is made.  For the purposes of this section, the term "used car

24  original" means a used vehicle coming into and being titled in

25  this state for the first time.

26         (c)  If the vehicle is an ancient or, antique, or

27  collectible vehicle, as defined in s. 320.086, the application

28  shall be accompanied either by a certificate of title; a

29  notarized bill of sale and a registration; or a notarized bill

30  of sale and, an affidavit by the owner defending the title

31  from all claims.  The bill of sale must contain a complete


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  1  vehicle description to include the vehicle identification or

  2  engine number, year make, color, selling price, and signatures

  3  of the seller and purchaser.

  4

  5  Verification of the vehicle identification number is shall not

  6  be required for any new motor vehicle sold in this state by a

  7  licensed motor vehicle dealer; any mobile home; any trailer or

  8  semitrailer with a net weight of less than 2,000 pounds; or

  9  any travel trailer, camping trailer, truck camper, or

10  fifth-wheel recreation trailer.

11         (8)  The title certificate or application for title

12  must shall contain the applicant's full first name, middle

13  initial, last name, date of birth, and sex, personal or

14  business identification, which may include, but need not be

15  limited to, a driver's license number, Florida identification

16  card number, or federal employer identification number, and

17  the license plate number or, in lieu thereof, an affidavit

18  certifying that the motor vehicle to be titled will not be

19  operated upon the public highways of this state.

20         Section 13.  Subsections (4) and (5) and paragraph (c)

21  of subsection (8) of section 319.30, Florida Statutes, 1998

22  Supplement, are amended, and subsection (9) is added to that

23  section, to read:

24         319.30  Definitions; dismantling, destruction, change

25  of identity of motor vehicle or mobile home; salvage.--

26         (4)  It is unlawful for any person to have in his or

27  her possession any motor vehicle or mobile home when the

28  manufacturer's identification number plate or serial plate has

29  been removed therefrom. However, nothing in this subsection

30  shall be applicable when a vehicle defined in this section as

31  a derelict or salvage was purchased or acquired from a foreign


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  1  state requiring such vehicle's identification number plate to

  2  be surrendered to such state, provided the person shall have

  3  an affidavit from the seller describing the vehicle by

  4  manufacturer's serial number and the state to which such

  5  vehicle's identification number plate was surrendered. Any

  6  person who violates this subsection is guilty of a felony of

  7  the third degree, punishable as provided in s. 775.082, s.

  8  775.083, or s. 775.084.

  9         (5)(a)  It is unlawful for any person to knowingly

10  possess, sell, or exchange, offer to sell or exchange, or give

11  away any certificate of title or manufacturer's identification

12  number plate or serial plate of any motor vehicle, mobile

13  home, or derelict that which has been sold as salvage contrary

14  to the provisions of this section, and it is unlawful for any

15  person to authorize, direct, aid in, or consent to the

16  possession, sale, or exchange or to offer any person who

17  authorizes, directs, aids in, or consents to the possession,

18  sale, or exchange or who offers to sell, exchange, or give

19  away such certificate of title or manufacturer's

20  identification number plate or serial plate is guilty of a

21  felony of the third degree, punishable as provided in s.

22  775.082, s. 775.083, or s. 775.084.

23         (b)  It is unlawful for any person to knowingly

24  possess, sell, or exchange, offer to sell or exchange, or give

25  away any manufacturer's identification number plate or serial

26  plate of any motor vehicle or mobile home that which has been

27  removed from the motor vehicle or mobile home for which it was

28  manufactured, and it is unlawful for any person to authorize,

29  direct, aid in, or consent to the possession, sale, or

30  exchange or to offer a person who authorizes, directs, aids

31  in, or consents to the possession, sale, or exchange or who


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    CS for CS for SB 1270                          Third Engrossed



  1  offers to sell, exchange, or give away such manufacturer's

  2  identification number plate or serial plate is guilty of a

  3  felony of the third degree, punishable as provided in s.

  4  775.082, s. 775.083, or s. 775.084.

  5         (c)  Nothing in This chapter does not shall be

  6  construed to apply to anyone who removes, possesses, or

  7  replaces a manufacturer's identification number plate, in the

  8  course of performing repairs on a vehicle, that require such

  9  removal or replacement.  If In the event that the repair

10  requires replacement of a vehicle part that contains the

11  manufacturer's identification number plate, the manufacturer's

12  identification number plate that is assigned to the vehicle

13  being repaired will be installed on the replacement part. The

14  manufacturer's identification number plate that was removed

15  from this replacement part will be installed on the part that

16  was removed from the vehicle being repaired.

17         (8)

18         (c)  For the purpose of enforcement of this section,

19  the department or its agents and employees shall have the same

20  right of inspection as law enforcement officers as provided in

21  s. 812.055. Any person who violates this subsection is guilty

22  of a felony of the third degree, punishable as provided in s.

23  775.082, s. 775.083, or s. 775.084.

24         (9)  Except as otherwise provided in this section, any

25  person who violates this section commits a felony of the third

26  degree, punishable as provided in s. 775.082, s. 775.083, or

27  s. 775.084.

28         Section 14.  Subsection (2), paragraph (b) of

29  subsection (3), and subsections (6) and (7) of section 319.30,

30  Florida Statutes, 1998 Supplement, are amended to read:

31


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  1         319.30  Definitions; dismantling, destruction, change

  2  of identity of motor vehicle or mobile home; salvage.--

  3         (2)(a)  Each person mentioned as owner in the last

  4  issued certificate of title, when such motor vehicle or mobile

  5  home is dismantled, destroyed, or changed in such manner that

  6  it is not the motor vehicle or mobile home described in the

  7  certificate of title, shall surrender his or her certificate

  8  of title to the department, and thereupon the department

  9  shall, with the consent of any lienholders noted thereon,

10  enter a cancellation upon its records. Upon cancellation of a

11  certificate of title in the manner prescribed by this section,

12  the department may cancel and destroy all certificates in that

13  chain of title. Any person who willfully and deliberately

14  violates this paragraph commits a misdemeanor of the second

15  degree, punishable as provided in s. 775.082 or s. 775.083.

16         (b)  When a motor vehicle is sold, transported, or

17  delivered to a salvage motor vehicle dealer, it shall be

18  accompanied by:

19         1.  A properly endorsed certificate of title, salvage

20  certificate of title, or vehicle certificate of destruction

21  issued by the department; or

22         2.  If the certificate of title has been surrendered to

23  the department, a notarized affidavit signed by the owner

24  stating that the title has been returned to the State of

25  Florida pursuant to paragraph (a), the date on which such

26  return was made, the year, make, and vehicle identification

27  number of the motor vehicle, and the name, address, and

28  personal identification card number of the owner. Any person

29  who willfully and deliberately violates this subparagraph by

30  falsifying a required affidavit commits a felony of the third

31


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  1  degree, punishable as provided in s. 775.082, s. 775.083, or

  2  s. 775.084.

  3         (3)

  4         (b)  The owner of any motor vehicle or mobile home

  5  which is considered to be salvage shall, within 72 hours after

  6  the motor vehicle or mobile home becomes salvage, forward the

  7  title to the motor vehicle or mobile home to the department

  8  for processing. However, an insurance company which pays money

  9  as compensation for total loss of a motor vehicle or mobile

10  home shall obtain the certificate of title for the motor

11  vehicle or mobile home and, within 72 hours after receiving

12  such certificate of title, shall forward such title to the

13  department for processing.  The owner or insurance company, as

14  the case may be, may not dispose of a vehicle or mobile home

15  that is a total loss before it has obtained a salvage

16  certificate of title from the department.  When applying for a

17  salvage certificate of title, the owner or insurance company

18  must provide the department with an estimate of the costs of

19  repairing the physical and mechanical damage suffered by the

20  vehicle for which a salvage certificate of title is sought.

21  If the estimated costs of repairing the physical and

22  mechanical damage to the vehicle is equal to 80 percent or

23  more of the current retail cost of the vehicle, as established

24  in any official used car or used mobile home guide, the

25  department shall declare the vehicle unrebuildable and print

26  notice on the salvage certificate of title that the vehicle is

27  unrebuildable; and, thereafter, the department shall refuse

28  issuance of any certificate of title for that vehicle. Nothing

29  in this subsection shall be applicable when a vehicle is worth

30  less than $1,500 retail in undamaged condition in any official

31  used motor vehicle guide or used mobile home guide or when a


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  1  stolen motor vehicle or mobile home is recovered in

  2  substantially intact condition and is readily resalable

  3  without extensive repairs to or replacement of the frame or

  4  engine. Any person who willfully and deliberately violates

  5  this paragraph or falsifies any document to avoid the

  6  requirements of this paragraph commits a misdemeanor of the

  7  first degree, punishable as provided in s. 775.082 or s.

  8  775.083.

  9         (6)  In the event of a purchase by a salvage motor

10  vehicle dealer of materials or major component parts for any

11  reason, the purchaser shall:

12         (a)  For each item of materials or major component

13  parts purchased, the salvage motor vehicle dealer shall record

14  the date of purchase, name and address of the seller, and the

15  personal identification card number of the person delivering

16  such items, as well as the vehicle identification number, if

17  available.

18         (b)  With respect to each item of materials or major

19  component parts purchased, obtain such documentation as may be

20  required by subsection (2).

21

22  Any person who violates this subsection commits a misdemeanor

23  of the first degree, punishable as provided in s. 775.082 or

24  s. 775.083.

25         (7)  In the event of a purchase by a secondary metals

26  recycler, that has been issued a certificate of registration

27  number, of:

28         (a)  Materials, prepared materials, or parts from any

29  seller for purposes other than the processing of such

30  materials, prepared materials, or parts, the purchaser shall

31  obtain such documentation as may be required by this section,


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  1  and shall record the seller's name and address, date of

  2  purchase, and the personal identification card number of the

  3  person delivering such items.

  4         (b)  Parts or prepared materials from any seller for

  5  purposes of the processing of such parts or prepared

  6  materials, the purchaser shall record the seller's name and

  7  address and date of purchase; and, in the event of a purchase

  8  transaction consisting primarily of parts or prepared

  9  materials, the personal identification card number of the

10  person delivering such items.

11         (c)  Materials from another secondary metals recycler

12  for purposes of the processing of such materials, the

13  purchaser shall record the seller's name, address, and date of

14  purchase.

15         (d)  Motor vehicles, mobile homes, or derelicts from

16  other than a secondary metals recycler for purposes of the

17  processing of such motor vehicles, mobile homes, or derelicts,

18  the purchaser shall record the seller's name, address, date of

19  purchase, and the personal identification card number of the

20  person delivering such items, and shall obtain the following

21  documentation from the seller with respect to each item

22  purchased:

23         1.  A valid certificate of title issued in the name of

24  the seller or properly endorsed over to the seller;

25         2.  A valid certificate of destruction issued in the

26  name of the seller or properly endorsed over to the seller; or

27         3.  If a valid certificate of title or a valid

28  certificate of destruction is not available, an affidavit

29  signed by the seller stating that the seller returned the

30  certificate of title to the State of Florida pursuant to

31  subsection (2) and the date on which such return was made, and


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  1  setting forth the vehicle identification number of such motor

  2  vehicle, mobile home, or derelict.

  3         (e)  Major parts from other than a secondary metals

  4  recycler for purposes of the processing of such major parts,

  5  the purchaser shall record the seller's name, address, date of

  6  purchase, and the personal identification card number of the

  7  person delivering such items, as well as the vehicle

  8  identification number, if available, of each major part

  9  purchased.

10

11  Any person who violates this subsection commits a felony of

12  the third degree, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14         Section 15.  Subsection (42) is added to section

15  320.01, Florida Statutes, to read:

16         320.01  Definitions, general.--As used in the Florida

17  Statutes, except as otherwise provided, the term:

18         (42)  For purposes of this chapter, the term

19  "agricultural products" means any food product; any

20  agricultural, horticultural, or livestock product; any raw

21  material used in plant food formulation; and any plant food

22  used to produce food and fiber.

23         Section 16.  Paragraph (a) of subsection (2) of section

24  320.02, Florida Statutes, 1998 Supplement, is amended to read:

25         320.02  Registration required; application for

26  registration; forms.--

27         (2)(a)  The application for registration shall include

28  the street address of the owner's permanent residence or the

29  address of his or her permanent place of business and shall be

30  accompanied by personal or business identification information

31  which may include, but need not be limited to, a driver's


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  1  license number, Florida identification card number, or federal

  2  employer identification number.  If the owner does not have a

  3  permanent residence or permanent place of business or if the

  4  owner's permanent residence or permanent place of business

  5  cannot be identified by a street address, the application

  6  shall include:

  7         1.  If the vehicle is registered to a business, the

  8  name and street address of the permanent residence of an owner

  9  of the business, an officer of the corporation, or an employee

10  who is in a supervisory position.

11         2.  If the vehicle is registered to an individual, the

12  name and street address of the permanent residence of a close

13  relative or friend who is a resident of this state.

14         Section 17.  Subsections (5) and (6) of section

15  320.023, Florida Statutes, 1998 Supplement, are amended to

16  read:

17         320.023  Requests to establish voluntary checkoff on

18  motor vehicle registration application.--

19         (5)  A voluntary contribution collected and distributed

20  under this chapter, or any interest earned from those

21  contributions, may not be used for commercial or for-profit

22  activities nor for general or administrative expenses, except

23  as authorized by law, or to pay the cost of the audit or

24  report required by law.

25         (a)  All organizations that receive annual use fee

26  proceeds from the department are responsible for ensuring that

27  proceeds are used in accordance with law.

28         (b)  All organizational recipients of any voluntary

29  contributions in excess of $15,000, not otherwise subject to

30  annual audit by the Office of the Auditor General, shall

31  submit an annual audit of the expenditures of these


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  1  contributions and interest earned from these contributions, to

  2  determine if expenditures are being made in accordance with

  3  the specifications outlined by law. The audit shall be

  4  prepared by a certified public accountant licensed under

  5  chapter 473 at that organizational recipient's expense. The

  6  notes to the financial statements should state whether

  7  expenditures were made in accordance with law. Such audits

  8  must be delivered to the department no later than December 31

  9  of the calendar year in which the audit was performed.

10         (c)  In lieu of an annual audit, any organization

11  receiving less than $15,000 in voluntary contributions

12  directly from the department may annually report, under

13  penalties of perjury, that such proceeds were used in

14  compliance with law. The attestation shall be made annually in

15  a form and format determined by the department.

16         (d)  Any voluntary contributions authorized by law

17  shall only be distributed to an organization under an

18  appropriation by the Legislature.

19         (e)  The annual audit or report shall be submitted to

20  the department for review within 180 days after the end of the

21  organization's fiscal year.

22         (6)  Within 90 days after receiving an organization's

23  audit or report By February 1 each year, the department shall

24  determine which recipients have not complied with subsection

25  (5).  If the department determines that an organization has

26  not complied  or has failed to use the revenues in accordance

27  with law, the department must discontinue the distribution of

28  the revenues to the organization until the department

29  determines that the organization has complied. If an

30  organization fails to comply within 12 months after the

31  voluntary contributions are withheld by the department, the


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  1  proceeds shall be deposited into the Highway Safety Operating

  2  Trust Fund to offset department costs.

  3         Section 18.  Subsection (5) of section 320.03, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         320.03  Registration; duties of tax collectors;

  6  International Registration Plan.--

  7         (5)  A fee of 50 cents shall be charged, in addition to

  8  the fees required under s. 320.08, on every license

  9  registration sold to cover the costs of the Florida Real Time

10  Vehicle Information System.  The fees collected hereunder

11  shall be distributed as follows:  25 cents deposited into the

12  Highway Safety Operating Trust Fund and shall be used to fund

13  the Florida Real Time Vehicle Information System that system

14  and may be used to fund the general operations of the

15  department and 25 cents into the Highway Safety Operating

16  Trust Fund to be used exclusively to fund the Florida Real

17  Time Vehicle Information System. The only use of this latter

18  portion of the fee shall be to fund the Florida Real Time

19  Vehicle Information System equipment, software, and networks

20  used in the offices of the county tax collectors as agents of

21  the department and the ancillary technology necessary to

22  integrate the Florida Real Time Vehicle Information System

23  with other tax collection systems. The department shall

24  administer this program upon consultation with the Florida Tax

25  Collectors, Inc., to ensure that each county tax collector's

26  office will be technologically equipped and functional for the

27  operation of the Florida Real Time Vehicle Information System.

28  Any of the designated revenue collected to support functions

29  of the county tax collectors and not used in a given year will

30  remain exclusively in the trust fund as a carryover to the

31  following year.


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  1         Section 19.  Paragraph (a) of subsection (1) of section

  2  320.04, Florida Statutes, 1998 Supplement, is amended to read:

  3         320.04  Registration service charge.--

  4         (1)(a)  There shall be a service charge of $2.50 for

  5  each application which is handled in connection with original

  6  issuance, duplicate issuance, or transfer of any license

  7  plate, mobile home sticker, or validation sticker or with

  8  transfer or duplicate issuance of any registration

  9  certificate.  There may also be a service charge of up to $1

10  for the issuance of each license plate validation sticker,

11  vessel decal, and mobile home sticker issued from an automated

12  vending facility or printer dispenser machine which shall be

13  payable to and retained by the department to provide for

14  automated vending facilities or printer dispenser machines

15  used to dispense such stickers and decals by each tax

16  collector's or license tag agent's employee.

17         Section 20.  Subsections (2) and (7) of section

18  320.055, Florida Statutes, are amended to read:

19         320.055  Registration periods; renewal periods.--The

20  following registration periods and renewal periods are

21  established:

22         (2)  For a vehicle subject to registration under s.

23  320.08(11), the registration period begins January 1 and ends

24  December 31.  For a vehicle subject to this registration

25  period, the renewal period is the 31-day period prior to

26  expiration beginning January 1.

27         (7)  For those vehicles subject to registration under

28  s. 320.0657, the department shall implement a system that

29  distributes the registration renewal process throughout the

30  year. For a vehicle subject to registration under s. 320.065,

31  the registration period begins December 1 and ends November


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  1  30.  For a vehicle subject to this registration period, the

  2  renewal period is the 31-day period beginning December 1.

  3         Section 21.  Paragraph (a) of subsection (3) and

  4  paragraph (b) of subsection (4) of section 320.06, Florida

  5  Statutes, are amended to read:

  6         320.06  Registration certificates, license plates, and

  7  validation stickers generally.--

  8         (3)(a)  Registration license plates shall be of metal

  9  specially treated with a retroreflective material, as

10  specified by the department. The registration license plate is

11  designed to increase nighttime visibility and legibility and

12  shall be at least 6 inches wide and not less than 12 inches in

13  length, unless a plate with reduced dimensions is deemed

14  necessary by the department to accommodate motorcycles,

15  mopeds, or similar smaller vehicles. Validation stickers shall

16  be treated with a retroreflective material, shall be of such

17  size as specified by the department, and shall adhere to the

18  license plate. The registration license plate shall be

19  imprinted with a combination of bold letters and numerals or

20  numerals, not to exceed seven digits, to identify the

21  registration license plate number. The license plate shall

22  also be imprinted with the word "Florida" at the top and the

23  name of the county in which it is sold at the bottom, except

24  that apportioned license plates shall have the word

25  "Apportioned" at the bottom and license plates issued for

26  vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or

27  (c), (12), or (14) shall have the word "Restricted" at the

28  bottom. License plates issued for vehicles taxed under s.

29  320.08(12) must be imprinted with the word "Florida" at the

30  top and the word "Dealer" at the bottom. Manufacturer license

31  plates issued for vehicles taxed under s. 320.08(12) must be


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  1  imprinted with the word "Florida" at the top and the word

  2  "Manufacturer" at the bottom., except that

  3  gross-vehicle-weight vehicles owned by a licensed motor

  4  vehicle dealer may be issued a license plate with the word

  5  "Restricted."  License plates issued for vehicles taxed under

  6  s. 320.08(5)(d) or (e) must be imprinted with the word

  7  "Wrecker" at the bottom.  Any county may, upon majority vote

  8  of the county commission, elect to have the county name

  9  removed from the license plates sold in that county. The words

10  "Sunshine State" shall be printed in lieu thereof.  In those

11  counties where the county commission has not removed the

12  county name from the license plate, the tax collector may, in

13  addition to issuing license plates with the county name

14  printed on the license plate, also issue license plates with

15  the words "Sunshine State" printed on the license plate

16  subject to the approval of the department and a legislative

17  appropriation for the additional license plates.  A license

18  plate issued for a vehicle taxed under s. 320.08(6) may not be

19  assigned a registration license number, or be issued with any

20  other distinctive character or designation, that distinguishes

21  the motor vehicle as a for-hire motor vehicle.

22         (4)

23         (b)  For the purposes of authorizing the corporation

24  organized pursuant to chapter 946 to manufacture license

25  plates, and validation stickers, and decals for the Department

26  of Highway Safety and Motor Vehicles as provided in this

27  chapter and chapter 327, the reference to the Department of

28  Corrections in paragraph (a) means the Department of

29  Corrections or the corporation organized pursuant to chapter

30  946, and the Department of Highway Safety and Motor Vehicles

31


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  1  is not required to obtain competitive bids in order to

  2  contract with such corporation.

  3         Section 22.  Section 320.065, Florida Statutes, is

  4  repealed.

  5         Section 23.  Section 320.0657, Florida Statutes, is

  6  amended to read:

  7         320.0657  Permanent registration; fleet license

  8  plates.--

  9         (1)  As used in this section, the term "fleet" means

10  nonapportioned motor vehicles owned or leased by a company and

11  used for business purposes. Vehicle numbers comprising a

12  "fleet" shall be established by the department. Vehicles

13  registered as short-term rental vehicles are excluded from the

14  provisions of this section.

15         (2)(a)  The owner or lessee of a fleet of motor

16  vehicles shall, upon application in the manner and at the time

17  prescribed and upon approval by the department and payment of

18  the license tax prescribed under s. 320.08(2), (3), (4),

19  (5)(a) and (b), (6)(a), (7), and (8), be issued permanent

20  fleet license plates. All vehicles with a fleet license plate

21  shall have the company's name or logo and unit number

22  displayed so that they are readily identifiable.

23         (1)(a)  The owner or lessee of 250 or more

24  nonapportioned commercial motor vehicles licensed under s.

25  320.08(2), (3), (4), (5)(a)1. and (b), and (7), who has posted

26  a bond as prescribed by department rules, may apply via

27  magnetically encoded computer tape reel or cartridge which is

28  machine readable by the installed computer system at the

29  department for permanent license plates. All vehicles with a

30  fleet license plate shall have the company's name or logo and

31  unit number displayed so that they are readily identifiable.


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  1  The provisions of s. 320.0605 shall not apply to vehicles

  2  registered in accordance with this section, and no annual

  3  validation sticker is required.

  4         (b)  The plates, which shall be of a distinctive color,

  5  shall have the word "Fleet" appearing at the bottom and the

  6  word "Florida" appearing at the top. The plates shall conform

  7  in all respects to the provisions of this chapter, except as

  8  specified herein.

  9         (c)  In addition to the license tax prescribed by s.

10  320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an

11  annual fleet management fee of $2 shall be charged. A one-time

12  license plate manufacturing fee of $1.50 shall be charged for

13  plates issued for the established number of vehicles in the

14  fleet. If the size of the fleet is increased, an issuance fee

15  of $10 per vehicle will be charged to include the license

16  plate manufacturing fee. If the license plate manufacturing

17  cost increases, the department shall increase the license

18  plate manufacturing fee to recoup its cost. Fees collected

19  shall be deposited into the Highway Safety Operating Trust

20  Fund. Payment of registration license tax and fees shall be

21  made annually and be evidenced only by the issuance of a

22  single receipt by the department. The provisions of s.

23  320.0605 do not apply to vehicles registered in accordance

24  with this section, and no annual validation sticker is

25  required. In addition to the license tax prescribed by s.

26  320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee

27  of $6 shall be charged for each vehicle registered hereunder.

28  Of this $6 fee, $2.50 shall be retained as a service charge by

29  the tax collector, if the registration occurs at such office,

30  or by the department, if the registration occurs at offices of

31  the department. Receipts from the $6 fee not retained by tax


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    CS for CS for SB 1270                          Third Engrossed



  1  collectors shall be deposited into the Highway Safety

  2  Operating Trust Fund. Payment of registration license tax and

  3  fees shall be made annually and be evidenced only by the

  4  issuance of a single receipt by the department. Half-year

  5  registrations shall not be available for vehicles registered

  6  in accordance with the provisions of this section. The

  7  provision of s. 320.06(1)(b) shall not apply to the fleet

  8  renewal process.

  9         (3)  If a recipient of fleet license plates fails to

10  properly and timely renew or initially register vehicles in

11  its fleet, the department may impose a delinquency penalty of

12  $50 or 10 percent of the delinquent taxes due, whichever is

13  greater, if the failure is for not more than 30 days, with an

14  additional 10 percent penalty for each additional 30 days, or

15  fraction thereof, that the failure continues, not to exceed a

16  total penalty of 100 percent in the aggregate; however, the

17  penalty may not be less than $50.

18         (4)  All recipients of fleet license plates authorized

19  by this section must provide the department with an annual

20  vehicle reconciliation and must annually surrender all

21  unassigned license plates. Failure to comply with this

22  subsection may result in fines of up to $1,000 for each

23  occurrence, or in suspension or termination from the fleet

24  program.

25         (2)  All recipients of permanent license plates

26  authorized by this section shall submit an annual audit as

27  prescribed by rule of the department. Such audit shall include

28  a percentage of the vehicles registered by each owner or

29  lessee, not to exceed 10 percent. The department shall

30  randomly select the vehicles to be audited and shall forward a

31  listing of said vehicles only to the office of the auditor


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  1  performing the audit. Every attempt shall be made to provide

  2  for groupings of vehicles based in the same location; however,

  3  the location shall change from year to year. The audit shall

  4  be prepared by a certified public accountant licensed under

  5  chapter 473, at the recipient's expense, and shall be

  6  performed to standards prescribed by the department. Such

  7  audits shall be delivered to the department on or before

  8  February 15 of each calendar year. Any fees or taxes which the

  9  audit determines are due the department shall be submitted to

10  the department along with such audit. In addition, any company

11  found to be habitually abusing the privileges afforded by

12  permanent licensure shall forfeit the bond required in

13  subsection (1), and may be required by the department to

14  relinquish all permanent license plates, and not be eligible

15  to continue to participate in the program.

16         (5)(3)  The department may is authorized to adopt such

17  rules as necessary to comply with this section.

18         Section 24.  Subsections (1), (2), (3), and (12) of

19  section 320.08, Florida Statutes, 1998 Supplement, are amended

20  to read:

21         320.08  License taxes.--Except as otherwise provided

22  herein, there are hereby levied and imposed annual license

23  taxes for the operation of motor vehicles, mopeds, motorized

24  bicycles as defined in s. 316.003(2), and mobile homes, as

25  defined in s. 320.01, which shall be paid to and collected by

26  the department or its agent upon the registration or renewal

27  of registration of the following:

28         (1)  MOTORCYCLES, MOPEDS, MOTORIZED BICYCLES.--

29         (a)  Any motorcycle: $10 flat.

30         (b)  Any moped: $5 flat.

31


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  1         (c)  Any motorized bicycle as defined in s. 316.003(2):

  2  $5 flat; however, annual renewal is not required.

  3         (d)  Upon registration of any motorcycle, motor-driven

  4  cycle, or moped there shall be paid in addition to the license

  5  taxes specified in this subsection a nonrefundable motorcycle

  6  safety education fee in the amount of $2.50.  The proceeds of

  7  such additional fee shall be deposited in the Highway Safety

  8  Operating Trust Fund and be used exclusively to fund a

  9  motorcycle driver improvement program implemented pursuant to

10  s. 322.025 or the Florida Motorcycle Safety Education Program

11  established in s. 322.0255.

12         (e)  An ancient or, antique, or collectible motorcycle:

13  $10 flat.

14         (2)  AUTOMOBILES FOR PRIVATE USE.--

15         (a)  An ancient or, antique, or collectible automobile,

16  as defined in s. 320.086, or a street rod, as defined in s.

17  320.0863: $7.50 flat.

18         (b)  Net weight of less than 2,500 pounds: $14.50 flat.

19         (c)  Net weight of 2,500 pounds or more, but less than

20  3,500 pounds: $22.50 flat.

21         (d)  Net weight of 3,500 pounds or more: $32.50 flat.

22         (3)  TRUCKS.--

23         (a)  Net weight of less than 2,000 pounds: $14.50 flat.

24         (b)  Net weight of 2,000 pounds or more, but not more

25  than 3,000 pounds: $22.50 flat.

26         (c)  Net weight more than 3,000 pounds, but not more

27  than 5,000 pounds: $32.50 flat.

28         (d)  A truck defined as a "goat," or any other vehicle

29  when used in the field by a farmer or in the woods for the

30  purpose of harvesting a crop, including naval stores, during

31  such harvesting operations, and which is not principally


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  1  operated upon the roads of the state: $7.50 flat.  A "goat" is

  2  a motor vehicle designed, constructed, and used principally

  3  for the transportation of citrus fruit within citrus groves.

  4         (e)  An ancient or, antique, or collectible truck, as

  5  defined in s. 320.086: $7.50 flat.

  6         (12)  DEALER AND MANUFACTURER LICENSE PLATES.--A

  7  franchised motor vehicle dealer, independent motor vehicle

  8  dealer, marine boat trailer dealer, or mobile home dealer and

  9  manufacturer license plate: $12.50 flat.

10         Section 25.  Paragraph (b) of subsection (4) of section

11  320.08056, Florida Statutes, 1998 Supplement, is amended to

12  read:

13         320.08056  Specialty license plates.--

14         (4)  The following license plate annual use fees shall

15  be collected for the appropriate specialty license plates:

16         (b)  Challenger license plate, $25 $15, except that a

17  person that purchases 1,000 or more Challenger license plates

18  shall pay an annual use fee of $15 $10 per plate.

19         Section 26.  Paragraph (f) of subsection (2) of section

20  320.08058, Florida Statutes, 1998 Supplement, is repealed.

21         Section 27.  Subsection (4) and paragraph (b) of

22  subsection (10) of section 320.08058, Florida Statutes, 1998

23  Supplement, are amended to read:

24         320.08058  Specialty license plates.--

25         (4)  FLORIDA SALUTES VETERANS LICENSE PLATES.--

26         (a)  The department shall develop a Florida Salutes

27  Veterans license plate. The words "Florida Salutes Veterans"

28  and the flag of the United States of America must appear on

29  the plate.  developed by the department must have a white

30  background and must be designed so that the word "Florida"

31  appears in red characters at the top of the plate; the words


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  1  "Salutes Veterans" appear at the bottom of the plate in white

  2  characters on a red background; the flag of the United States,

  3  which must be designed to be waving, appears in the center of

  4  the plate; and the serial numbers appear in blue characters at

  5  either side of the flag.

  6         (b)  The Florida Salutes Veterans license plate annual

  7  use fee must be deposited in the State Homes for Veterans

  8  Trust Fund, which is created in the State Treasury.  All such

  9  moneys are to be administered by the Department of Veterans'

10  Affairs and must be used solely for the purpose of

11  constructing, operating, and maintaining domiciliary and

12  nursing homes for veterans and for continuing promotion and

13  marketing of the license plate, subject to the requirements of

14  chapter 216.

15         (10)  FLORIDA INDIAN RIVER LAGOON LICENSE PLATES.--

16         (b)  The license plate annual use fees are to be

17  distributed annually as follows:

18         1.  The first $5 million collected annually must be

19  transferred to the St. Johns River Water Management District.

20  The district shall account for these funds separate from all

21  other funds received.  These funds must be distributed as

22  follows:

23         a.  Based on Florida Indian River Lagoon license plate

24  sales data from each county tax collector for Volusia,

25  Brevard, Indian River, St. Lucie, Martin, and Palm Beach

26  Counties, each county's total number of Florida Indian River

27  Lagoon license plates sold between October 1 and September 30

28  must represent a percentage of the six-county total,

29  calculated as follows:  the total number sold for county A

30  divided by the total number sold for counties A, B, C, D, E,

31  and F is multiplied by 100. The percentage determined for St.


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  1  Lucie, Martin, and Palm Beach Counties must be totaled and

  2  that total percentage of the statewide Florida Indian River

  3  Lagoon license plate revenues must be transferred to the South

  4  Florida Water Management District special Indian River Lagoon

  5  License Plate Revenue Account and distributed proportionately

  6  among St. Lucie, Martin, and Palm Beach Counties. The

  7  remaining funds in the St. Johns River Water Management

  8  District Revenue Account must be divided proportionately

  9  between Volusia, Brevard, and Indian River Counties.

10         b.  Each water management district is responsible for

11  administering projects in its respective counties funded with

12  the appropriate percentage of license plate revenues.

13         2.  Up to 5 percent of the proceeds from the annual use

14  fee may be used for continuing promotion and marketing of the

15  license plate.

16         3.2.  Any additional fees must be deposited into the

17  General Revenue Fund. Fees are not to be deposited into the

18  general revenue funds of the water management districts.

19         Section 28.  Section 320.083, Florida Statutes, is

20  amended to read:

21         320.083  Amateur radio operators; citizens' band radio

22  operators; special license plates; fees.--

23         (1)  A person who is the owner or lessee of an

24  automobile for private use, a truck weighing not more than

25  5,000 pounds, or a recreational vehicle as specified in s.

26  320.08(9)(c) or (d), which is not used for hire or commercial

27  use; who is a resident of the state; and who holds a valid

28  official amateur radio station license or citizens' band radio

29  station license issued by the Federal Communications

30  Commission shall be issued a special license plate upon

31


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  1  application, accompanied by proof of ownership of such radio

  2  station license, and payment of the following tax and fees:

  3         (a)  The license tax required for the vehicle, as

  4  prescribed by s. 320.08(2), (3)(a), (b), or (c), or (9); and

  5         (b)  An initial additional fee of $5, and an additional

  6  fee of $1.50 thereafter.

  7         (2)  The license plate issued shall meet the

  8  requirements of s. 320.06, except that, in lieu of the numbers

  9  as prescribed by s. 320.06, it shall be inscribed with the

10  official amateur radio call letters or the official citizens'

11  band radio call letters, as appropriate, of the applicant, as

12  assigned by the Federal Communications Commission, including

13  as a prefix, when applicable, those call letters assigned by

14  the Armed Services of the United States of America, not to

15  exceed eight characters.  In lieu of the name of the county or

16  the designation "Sunshine State" on the bottom of the plate as

17  prescribed in s. 320.06, the words "Amateur Radio" shall be

18  inscribed.

19         (3)  All applications for such plates shall be made to

20  the department.

21         Section 29.  Subsection (5) of section 320.084, Florida

22  Statutes, is amended to read:

23         320.084  Free motor vehicle license plate to certain

24  disabled veterans.--

25         (5)  A county or municipality, or any agency thereof,

26  may not impose upon any person who is issued a "DV" motor

27  vehicle license plate, or a license plate with the

28  international accessibility symbol, under this section, any

29  fee or penalty for parking in any metered or timed parking

30  space except:

31         (a)  As provided in s. 316.1964; or


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  1         (b)  When the person is parked without a permit issued

  2  under s. 320.0848 in a space designated for use by persons who

  3  have disabilities.

  4         Section 30.  Section 320.086, Florida Statutes, is

  5  amended to read:

  6         320.086  Ancient or, antique, or collectible motor

  7  vehicles; "horseless carriage," antique, collectible, or

  8  historical license plates.--

  9         (1)  The owner of a motor vehicle for private use

10  manufactured in 1945 1927 or earlier, equipped with an engine

11  manufactured in 1945 1927 or earlier or manufactured to the

12  specifications of the original engine, and operated on the

13  streets and highways of this state shall, upon application in

14  the manner and at the time prescribed by the department and

15  upon payment of the license tax for an ancient motor vehicle

16  prescribed by s. 320.08(1)(e), (2)(a), or (3)(e), be issued a

17  special license plate for such motor vehicle.  The license

18  plate shall be permanent and valid for use without renewal so

19  long as the vehicle is in existence.  In addition to the

20  payment of all other fees required by law, the applicant shall

21  pay such fee for the issuance of the special license plate as

22  may be prescribed by the department commensurate with the cost

23  of its manufacture.  The registration numbers and special

24  license plates assigned to such motor vehicles shall run in a

25  separate numerical series, commencing with "Horseless Carriage

26  No. 1," and the plates shall be of a distinguishing color.

27         (2)  The owner of a motor vehicle for private use

28  manufactured between 1928 and 1945, inclusive, with an engine

29  manufactured between 1928 and 1945, inclusive, or manufactured

30  to the specifications of the original engine and operated on

31  the streets and highways of this state shall, upon application


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  1  in the manner and at the time prescribed by the department and

  2  upon payment of the license tax prescribed by s. 320.08(1)(e),

  3  (2)(a), or (3)(e), be issued a special license plate for such

  4  motor vehicle.  In addition to the payment of all other fees

  5  required by law, the applicant shall pay such fee for the

  6  issuance of the special license plate as may be prescribed by

  7  the department commensurate with the cost of its manufacture.

  8  The registration numbers and special license plates assigned

  9  to such motor vehicles shall run in a separate numerical

10  series, commencing with "Antique Vehicle No. 1," and the

11  plates shall be of a distinguishing color.

12         (2)(3)(a)  The owner of a motor vehicle for private use

13  manufactured after 1945 and of the age of 30 20 years or more

14  after from the date of manufacture, equipped with an engine of

15  the age of 30 20 years or more after from the date of

16  manufacture, and operated on the streets and highways of this

17  state may shall, upon application in the manner and at the

18  time prescribed by the department and upon payment of the

19  license tax prescribed by s. 320.08(1)(e), (2)(a), or (3)(e),

20  be issued a special license plate for such motor vehicle.  In

21  addition to the payment of all other fees required by law, the

22  applicant shall pay the such fee for the issuance of the

23  special license plate as may be prescribed by the department,

24  commensurate with the cost of its manufacture.  The

25  registration numbers and special license plates assigned to

26  such motor vehicles shall run in a separate numerical series,

27  commencing with "Antique No. 1," "Collectible No. 1," and the

28  plates shall be of a distinguishing color. The owner of the

29  motor vehicle may, upon application and payment of the license

30  tax prescribed by s. 320.08, be issued a regular Florida

31


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  1  license plate or specialty license plate in lieu of the

  2  special "Antique" license plate.

  3         (b)  Motor vehicles licensed under this section which

  4  have been issued a permanent license plate prior to October 1,

  5  1999, shall maintain such plate unless the vehicle is

  6  transferred to a new owner. Motor vehicles licensed under this

  7  section which have been issued a "Collectible" license plate

  8  prior to October 1, 1999, may retain that license plate until

  9  the next regularly scheduled replacement.

10         (3)  The owner of an ancient or antique fire fighting

11  apparatus or other historical motor vehicle or trailer

12  identifiable as a military trailer 30 years old or older which

13  is used only in exhibitions, parades, or public display, may,

14  upon application in the manner and at the time prescribed by

15  the department and upon payment of the license tax prescribed

16  by s. 320.08(2)(a), be issued a license plate as prescribed in

17  subsection (1) or subsection (2). License plates issued under

18  this subsection shall be permanent and valid for use without

19  renewal as long as the vehicle is in existence and its use is

20  consistent with this subsection. Motor vehicles with a model

21  year of 1928-1960, registered as ancient prior to July 1,

22  1996, shall be grandfathered to maintain a permanent license

23  plate unless a vehicle with a model year of 1946-1960 is

24  transferred to a new owner. Upon transfer of a vehicle with a

25  model year of 1946-1960, after July 1, 1996, the vehicle shall

26  be registered as a collectible and required to renew annually

27  as prescribed by s. 320.08.

28         (4)  Any person who is the registered owner of a an

29  ancient, antique, or collectible motor vehicle as defined in

30  this section and manufactured in the model year 1974 or

31  earlier, may apply to the department for permission to use a


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  1  historical Florida license plate that which clearly represents

  2  the model year of the vehicle as a personalized prestige

  3  license plate.  This plate shall be furnished by such person

  4  and shall be presented to the department with a reasonable fee

  5  to be determined by the department for approval and for

  6  authentication that the historic license plate and any

  7  applicable decals were issued by this state in the same year

  8  as the model year of the car or truck.  The requirements of s.

  9  320.0805(8)(b) do not apply to historical plates authorized

10  under this subsection.

11         Section 31.  For the purpose of incorporating the

12  amendments made by this act to section 320.086, Florida

13  Statutes, in references thereto, paragraph (g) of subsection

14  (2) of section 320.072, Florida Statutes, is reenacted to

15  read:

16         320.072  Additional fee imposed on certain motor

17  vehicle registration transactions.--

18         (2)  The fee imposed by subsection (1) shall not apply

19  to:

20         (g)  Any ancient or antique automobile or truck for

21  private use registered pursuant to s. 320.086(1) or (2).

22         Section 32.  Section 320.13, Florida Statutes, is

23  amended to read:

24         320.13  Dealer and manufacturer license plates and

25  alternative method of registration.--

26         (1)(a)  Any licensed motor vehicle dealer and any

27  licensed mobile home dealer may, upon payment of the license

28  tax imposed by s. 320.08(12) s. 320.08(11), secure one or more

29  dealer license plates, which are valid for use on motor

30  vehicles or mobile homes owned by the dealer to whom such

31  plates are issued while the motor vehicles are in inventory


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  1  and for sale, or while being operated in connection with such

  2  dealer's business, but are not valid for use for hire. Dealer

  3  license plates may not be used on any tow truck or wrecker

  4  unless the tow truck or wrecker is being demonstrated for

  5  sale, and the dealer license plates may not be used on a

  6  vehicle used to transport another motor vehicle for the motor

  7  vehicle dealer.

  8         (b)1.  Marine boat trailer dealers and manufacturers

  9  may, upon payment of the license taxes imposed by s.

10  320.08(12), secure one or more dealer plates, which are valid

11  for use on boat trailers owned by the dealer to whom such

12  plates are issued while being used in connection with such

13  dealer's business, but are not valid for use for hire.

14         2.  It is the intent of the Legislature that the method

15  currently used to license marine boat trailer dealers to do

16  business in the state, that is, by an occupational license

17  issued by the city or county, not be changed. The department

18  shall not interpret this act to mean that it is empowered to

19  license such dealers to do business.  An occupational license

20  tax certificate shall be sufficient proof upon which the

21  department may issue dealer license plates.

22         (2)  A licensed manufacturer of motor vehicles may,

23  upon payment of the license tax imposed by s. 320.08(12),

24  secure one or more manufacturer license plates, which are

25  valid for use on motor vehicles owned by the manufacturer to

26  whom such plates are issued while the motor vehicles are in

27  inventory and for sale, being operated for demonstration

28  purposes, or in connection with such manufacturer's business,

29  but are not valid for use for hire. A dealer license plate may

30  be replaced by the department upon submittal of an affidavit

31


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  1  stating that the original has been actually destroyed or lost

  2  and payment of a fee of $2.

  3         (3)  When a licensed dealer or a marine boat trailer

  4  dealer chooses to register any motor vehicle or boat trailer

  5  he or she owns and has for sale and secure a regular motor

  6  vehicle license plate therefor, the dealer may, upon sale

  7  thereof, submit to the department a transfer fee of $4.50 and

  8  an application for transfer of the license plate to a

  9  comparable motor vehicle or boat trailer owned by the dealer

10  of the same weight series as set forth under s. 320.08.

11         Section 33.  Paragraph (k) of subsection (1) of section

12  320.131, Florida Statutes, is amended, and subsections (5),

13  (6), and (7) are added to that section, to read:

14         320.131  Temporary tags.--

15         (1)  The department is authorized and empowered to

16  design, issue, and regulate the use of temporary tags to be

17  designated "temporary tags" for use in the following cases:

18         (k)  In any case where a permanent license plate cannot

19  can not legally be issued to an applicant and a temporary

20  license plate is not specifically authorized under the

21  provisions of this section, the department shall have the

22  discretion to issue or authorize agents or Florida licensed

23  dealers to issue temporary license plates to applicants

24  demonstrating a need for such temporary use.

25

26  Further, the department is authorized to disallow the purchase

27  of temporary tags by licensed dealers, common carriers, or

28  financial institutions in those cases where abuse has

29  occurred.

30         (5)  Any person who knowingly and willfully abuses or

31  misuses temporary-tag issuance to avoid registering a vehicle


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  1  requiring registration pursuant to this chapter or chapter 319

  2  commits a misdemeanor of the first degree, punishable as

  3  provided in s. 775.082 or s. 775.083.

  4         (6)  Any person who knowingly and willfully issues a

  5  temporary tag or causes another to issue a temporary tag to a

  6  fictitious person or entity to avoid disclosure of the true

  7  owner of a vehicle commits a felony of the third degree,

  8  punishable as provided in s. 775.082, s. 775.083, or s.

  9  775.084.

10         (7)  Any person authorized by this section to purchase

11  and issue a temporary tag shall maintain records as required

12  by this chapter or departmental rules and such records shall

13  be open to inspection by the department or its agents during

14  reasonable business hours. Any person who knowingly and

15  willfully fails to comply with this subsection commits a

16  misdemeanor of the second degree, punishable as provided in s.

17  775.082 or s. 775.083.

18         Section 34.  Section 320.1325, Florida Statutes, is

19  amended to read:

20         320.1325  Registration required for the temporarily

21  employed.--Motor vehicles owned or leased by persons who are

22  temporarily employed within the state but are not residents

23  are required to be registered. Upon payment of the fees

24  prescribed in this section and proof of insurance coverage as

25  required by the applicant's resident state, the department

26  shall provide a temporary registration plate and a

27  registration certificate valid for 90 days to an applicant who

28  is temporarily employed in this the state. The temporary

29  registration plate may be renewed one time for an additional

30  90-day period. At the end of the 180-day period of temporary

31  registration, the applicant shall apply for a permanent


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  1  registration if there is a further need to remain in this

  2  state. A temporary license registration plate may not be

  3  issued for any commercial motor vehicle as defined in s.

  4  320.01. The fee for the 90-day temporary registration plate

  5  shall be $40 plus the applicable service charge required by s.

  6  320.04. Subsequent permanent registration and titling of a

  7  vehicle registered hereunder shall subject the applicant to

  8  providing proof of Florida insurance coverage as specified in

  9  s. 320.02 and payment of the fees required by ss. 319.231 and

10  320.072, in addition to all other taxes and fees required.

11         Section 35.  Paragraph (v) is added to subsection (9)

12  of section 320.27, Florida Statutes, and paragraph (a) of

13  subsection (9) and subsection (12) of that section are

14  amended, to read:

15         320.27  Motor vehicle dealers.--

16         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

17  may deny, suspend, or revoke any license issued hereunder or

18  under the provisions of s. 320.77 or s. 320.771, upon proof

19  that a licensee has failed to comply with any of the following

20  provisions with sufficient frequency so as to establish a

21  pattern of wrongdoing on the part of the licensee:

22         (a)  Willful violation of any other law of this state,

23  including chapter 319, this chapter, or ss. 559.901-559.9221,

24  which has to do with dealing in or repairing motor vehicles or

25  mobile homes or willful failure to comply with any

26  administrative rule promulgated by the department.

27  Additionally, in the case of used motor vehicles, the willful

28  violation of the federal law and rule in 15 U.S.C. 2304, 16

29  C.F.R. Part 455, pertaining to the consumer sales window form.

30         (v)  Sale by a motor vehicle dealer of a vehicle

31  offered in trade by a customer prior to consummation of the


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  1  sale, exchange, or transfer of a newly acquired vehicle to the

  2  customer, unless the customer provides written authorization

  3  for the sale of the trade-in vehicle prior to delivery of the

  4  newly acquired vehicle.

  5         (12)  CIVIL FINES; PROCEDURE.--In addition to the

  6  exercise of other powers provided in this section, the

  7  department may levy and collect a civil fine, in an amount not

  8  to exceed $1,000 for each violation, against any licensee if

  9  it finds that the licensee has violated any provision of this

10  section or has violated any other law of this state or the

11  federal law and administrative rule set forth in s.

12  320.27(9)(a) related to dealing in motor vehicles.  Any

13  licensee shall be entitled to a hearing pursuant to chapter

14  120 if the licensee contests the fine levied, or about to be

15  levied, upon him or her.

16         Section 36.  Section 320.30, Florida Statutes, is

17  amended to read:

18         320.30  Penalty for violating s. 320.28.--No action or

19  right of action to recover any such motor vehicle, or any part

20  of the selling price thereof, shall be maintained in the

21  courts of this state by any such dealer or vendor or his or

22  her successors or assigns in any case wherein such vendor or

23  dealer shall have failed to comply with the terms and

24  provisions of s. 320.28, and in addition thereto, such vendor

25  or dealer, upon conviction for the violation of any of the

26  provisions of said sections, shall be guilty of a misdemeanor

27  of the second degree, punishable as provided in s. 775.082 or

28  s. 775.083 and by confiscation of the vehicle or vehicles

29  offered for sale. Any municipal or county law enforcement

30  agency that enforces, or assists the department in enforcing,

31  the provisions of this section which enforcement results in a


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  1  forfeiture of property as provided in this section is entitled

  2  to receive all or a share of any such property based upon its

  3  participation in such enforcement. Any property seized by any

  4  municipal or county law enforcement agency may be retained or

  5  sold by the law enforcement agency in accordance with the

  6  Florida Contraband Forfeiture Act. Any funds received by a

  7  municipal or county law enforcement agency pursuant to this

  8  section constitute supplemental funds and may not be used as

  9  replacement funds by the municipality or county. However, this

10  section shall not apply to:

11         (1)  The holder of a note or notes representing a

12  portion of the purchase price of such motor vehicle when the

13  owner thereof was and is a bona fide purchaser of said note or

14  notes, before maturity, for value and without knowledge that

15  the vendor of such vehicle had not complied with said

16  sections; or.

17         (2)  The bona fide purchaser of such motor vehicle for

18  value and without knowledge that the vendor or dealer of such

19  vehicle had not complied with said sections.

20         Section 37.  Subsection (11) of section 320.8249,

21  Florida Statutes, is repealed.

22         Section 38.  Subsection (2) of section 320.8325,

23  Florida Statutes, is amended to read:

24         320.8325  Mobile homes and park trailers; tie-down

25  requirements; minimum installation standards; injunctions;

26  penalty.--

27         (2)  The department shall promulgate rules and

28  regulations setting forth uniform minimum standards for the

29  manufacture or installation of anchors, tie-downs,

30  over-the-roof ties, or other reliable methods of securing

31  mobile homes or park trailers when over-the-roof ties are not


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  1  suitable due to factors such as unreasonable cost, design of

  2  the mobile home or park trailer, or potential damage to the

  3  mobile home or park trailer. No entity, other than the

  4  department, has authority to amend these uniform standards.

  5  Such devices required under this section, when properly

  6  installed, shall cause the mobile home or park trailer to

  7  resist wind overturning and sliding.  In promulgating such

  8  rules and regulations, the department may make such

  9  discriminations regarding mobile home or park trailer tie-down

10  requirements as are reasonable when factors such as age,

11  location, and practicality of tying down a mobile home or park

12  trailer are considered.

13         Section 39.  Section 321.06, Florida Statutes, is

14  amended to read:

15         321.06  Civil service.--

16         (1)  The Department of Highway Safety and Motor

17  Vehicles is hereby empowered and directed to make civil

18  service rules governing the employment and tenure of the

19  members of the highway patrol. All persons employed as said

20  patrol officers shall be subject to said civil service rules

21  and regulations, and any amendment thereto which may

22  thereafter from time to time be adopted.  The department may,

23  for cause, discharge, suspend or reduce in rank or pay, any

24  member of said highway patrol by presenting to such employee

25  the reason or reasons therefor in writing, subject to the

26  civil service rules and regulations of the department, and

27  subject to the review of the Governor and Cabinet, as head of

28  the department who shall serve as a court of inquiry in such

29  cases and shall hear all complaints and defenses, if requested

30  by such employee.  Their decision shall be final and

31  conclusive.  Such civil service rules or regulations shall be


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  1  subject to the revision of the Legislature in the event civil

  2  service rules adopted by the department are declared unlawful

  3  or unreasonable.

  4         (2)  The department may employ traffic accident

  5  investigation officers who must complete any applicable

  6  standards adopted by the Florida Highway Patrol, including,

  7  but not limited to:  cognitive testing, drug testing,

  8  polygraph testing, psychological testing, and an extensive

  9  background check, including a credit check.

10         Section 40.  Subsections (6) and (7) of section 322.08,

11  Florida Statutes, 1998 Supplement, are amended to read:

12         322.08  Application for license.--

13         (6)  Every application under this section made by a

14  person who presently holds an out-of-state license shall be

15  accompanied by a copy of the Florida registration certificate

16  showing registration under chapter 320 for every motor vehicle

17  which is owned by the applicant, or, if he or she does not own

18  any vehicle required to be registered under chapter 320, an

19  affidavit to that effect.

20         (6)(7)  The application form for a driver's license or

21  duplicate thereof shall include language permitting the

22  following:

23         (a)  A voluntary contribution of $5 per applicant,

24  which contribution shall be transferred into the Election

25  Campaign Financing Trust Fund.

26         (b)  A voluntary contribution of $1 per applicant,

27  which contribution shall be deposited into the Florida Organ

28  and Tissue Donor Education and Procurement Trust Fund for

29  organ and tissue donor education and for maintaining the organ

30  and tissue donor registry.

31


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  1         (c)  A voluntary contribution of $1 per applicant,

  2  which contribution shall be distributed to the Florida Council

  3  of the Blind.

  4

  5  A statement providing an explanation of the purpose of the

  6  trust funds shall also be included.

  7         Section 41.  Subsections (5) and (6) of section

  8  322.081, Florida Statutes, 1998 Supplement, are amended to

  9  read:

10         322.081  Requests to establish voluntary checkoff on

11  driver's license application.--

12         (5)  A voluntary contribution collected and distributed

13  under this chapter, or any interest earned from those

14  contributions, may not be used for commercial or for-profit

15  activities nor for general or administrative expenses, except

16  as authorized by law, or to pay the cost of the audit or

17  report required by law.

18         (a)  All organizations that receive annual use fee

19  proceeds from the department are responsible for ensuring that

20  proceeds are used in accordance with law.

21         (b)  All organizational recipients of any voluntary

22  contributions in excess of $15,000, not otherwise subject to

23  annual audit by the Office of the Auditor General, shall

24  submit an annual audit of the expenditures of these

25  contributions and interest earned from these contributions, to

26  determine if expenditures are being made in accordance with

27  the specifications outlined by law. The audit shall be

28  prepared by a certified public accountant licensed under

29  chapter 473 at that organizational recipient's expense. The

30  notes to the financial statements should state whether

31  expenditures were made in accordance with law. Such audits


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  1  must be delivered to the department no later than December 31

  2  of the calendar year in which the audit was performed.

  3         (c)  In lieu of an annual audit, any organization

  4  receiving less than $15,000 in voluntary contributions

  5  directly from the department may annually report, under

  6  penalties of perjury, that such proceeds were used in

  7  compliance with law. The attestation shall be made annually in

  8  a form and format determined by the department.

  9         (d)  Any voluntary contributions authorized by law

10  shall only be distributed to an organization under an

11  appropriation by the Legislature.

12         (e)  The annual audit or report must be submitted to

13  the department for review within 180 days after the end of the

14  organization's fiscal year.

15         (6)  Within 90 days after receiving an organization's

16  audit or report By February 1 each year, the department shall

17  determine which recipients have not complied with subsection

18  (5).  If the department determines that an organization has

19  not complied  or has failed to use the revenues in accordance

20  with law, the department must discontinue the distribution of

21  the revenues to the organization until the department

22  determines that the organization has complied. If an

23  organization fails to comply within 12 months after the

24  voluntary contributions are withheld by the department, the

25  proceeds shall be deposited into the Highway Safety Operating

26  Trust Fund to offset department costs.

27         Section 42.  Subsection (3) of section 322.1615,

28  Florida Statutes, is amended to read:

29         322.1615  Learner's driver's license.--

30         (3)  A person who holds a learner's driver's license

31  may operate a vehicle only during daylight hours, except that


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  1  the holder of a learner's driver's license may operate a

  2  vehicle until between the hours of 7 p.m. and 10 p.m. after 3

  3  months following after the issuance of the learner's driver's

  4  license.

  5         Section 43.  Paragraphs (b) and (d) of subsection (6)

  6  and subsection (10) of section 322.2615, Florida Statutes, are

  7  amended to read:

  8         322.2615  Suspension of license; right to review.--

  9         (6)

10         (b)  Such formal review hearing shall be held before a

11  hearing officer employed by the department, and the hearing

12  officer shall be authorized to administer oaths, examine

13  witnesses and take testimony, receive relevant evidence, issue

14  subpoenas, regulate the course and conduct of the hearing, and

15  make a ruling on the suspension.  The department and the

16  person arrested may subpoena witnesses, and the party

17  requesting the presence of a witness shall be responsible for

18  the payment of any witness fees and for notifying in writing

19  the state attorney's office in the appropriate circuit of the

20  issuance of the subpoena.  If the person who requests a formal

21  review hearing fails to appear and the hearing officer finds

22  such failure to be without just cause, the right to a formal

23  hearing is waived and the suspension shall be sustained

24  department shall conduct an informal review of the suspension

25  under subsection (4).

26         (d)  The department must, within 7 working days after a

27  formal review hearing, send notice to the person of the

28  hearing officer's decision as to whether sufficient cause

29  exists to sustain, amend, or invalidate the suspension.

30         (10)  A person whose driver's license is suspended

31  under subsection (1) or subsection (3) may apply for issuance


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  1  of a license for business or employment purposes only if the

  2  person is otherwise eligible for the driving privilege

  3  pursuant to s. 322.271.

  4         (a)  If the suspension of the driver's license of the

  5  person for failure to submit to a breath, urine, or blood test

  6  is sustained, the person is not eligible to receive a license

  7  for business or employment purposes only, pursuant to s.

  8  322.271, until 90 days have elapsed after the expiration of

  9  the last 30-day temporary permit issued pursuant to this

10  section or s. 322.64.  If the driver is not issued a 30-day

11  permit pursuant to this section or s. 322.64 because he or she

12  is ineligible for the permit and the suspension for failure to

13  submit to a breath, urine, or blood test is not invalidated by

14  the department, the driver is not eligible to receive a

15  business or employment license pursuant to s. 322.271 until 90

16  days have elapsed from the date of the suspension.

17         (b)  If the suspension of the driver's license of the

18  person arrested for a violation of s. 316.193, relating to

19  unlawful blood-alcohol level, is sustained, the person is not

20  eligible to receive a license for business or employment

21  purposes only pursuant to s. 322.271 until 30 days have

22  elapsed after the expiration of the last 30-day temporary

23  permit issued pursuant to this section or s. 322.64.  If the

24  driver is not issued a 30-day permit pursuant to this section

25  or s. 322.64 because he or she is ineligible for the permit

26  and the suspension for a violation of s. 316.193, relating to

27  unlawful blood-alcohol level, is not invalidated by the

28  department, the driver is not eligible to receive a business

29  or employment license pursuant to s. 322.271 until 30 days

30  have elapsed from the date of the arrest.

31


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  1         Section 44.  Subsection (3) of section 322.245, Florida

  2  Statutes, is amended to read:

  3         322.245  Suspension of license upon failure of person

  4  charged with specified offense under chapter 316, chapter 320,

  5  or this chapter to comply with directives ordered by traffic

  6  court or upon failure to pay child support in non-IV-D cases

  7  as provided in chapter 61.--

  8         (3)  If the person fails to comply with the directives

  9  of the court within the 30-day period, or, in non-IV-D cases,

10  fails to comply with the requirements of s. 61.13016 within

11  the period specified in that statute, the depository or the

12  clerk of the court shall notify the department of such failure

13  within 10 5 days. Upon receipt of the notice, the department

14  shall immediately issue an order suspending the person's

15  driver's license and privilege to drive effective 20 days

16  after the date the order of suspension is mailed in accordance

17  with s. 322.251(1), (2), and (6).

18         Section 45.  Subsections (4), (5), (6), (7), and (8) of

19  section 322.28, Florida Statutes, 1998 Supplement, are amended

20  to read:

21         322.28  Period of suspension or revocation.--

22         (4)  Upon the conviction of a person for a violation of

23  s. 322.34, the license or driving privilege, if suspended,

24  shall be suspended for 3 months in addition to the period of

25  suspension previously imposed and, if revoked, the time after

26  which a new license may be issued shall be delayed 3 months.

27         (5)  If, in any case arising under this section, a

28  licensee, after having been given notice of suspension or

29  revocation of his or her license in the manner provided in s.

30  322.251, fails to surrender to the department a license

31  theretofore suspended or revoked, as required by s. 322.29, or


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  1  fails otherwise to account for the license to the satisfaction

  2  of the department, the period of suspension of the license, or

  3  the period required to elapse after revocation before a new

  4  license may be issued, shall be extended until, and shall not

  5  expire until, a period has elapsed after the date of surrender

  6  of the license, or after the date of expiration of the

  7  license, whichever occurs first, which is identical in length

  8  with the original period of suspension or revocation.

  9         (4)(6)(a)  Upon a conviction for a violation of s.

10  316.193(3)(c)2., involving serious bodily injury, a conviction

11  of manslaughter resulting from the operation of a motor

12  vehicle, or a conviction of vehicular homicide, the court

13  shall revoke the driver's license of the person convicted for

14  a minimum period of 3 years. If In the event that a conviction

15  under s. 316.193(3)(c)2., involving serious bodily injury, is

16  also a subsequent conviction as described under paragraph

17  (2)(a), the court shall revoke the driver's license or driving

18  privilege of the person convicted for the period applicable as

19  provided in paragraph (2)(a) or paragraph (2)(e).

20         (b)  If the period of revocation was not specified by

21  the court at the time of imposing sentence or within 30 days

22  thereafter, the department shall revoke the driver's license

23  for the minimum period applicable under paragraph (a) or, for

24  a subsequent conviction, for the minimum period applicable

25  under paragraph (2)(a) or paragraph (2)(e).

26         (5)(7)  A court may not stay the No administrative

27  suspension of a driving privilege under s. 322.2615 or s.

28  322.2616 during judicial shall be stayed upon a request for

29  review of the departmental order that resulted in such

30  suspension and a, except as provided in former s. 322.261, no

31  suspension or revocation of a driving privilege may not shall


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  1  be stayed upon an appeal of the conviction or order that

  2  resulted in the suspension or revocation therein.

  3         (6)(8)  In a prosecution for a violation of s.

  4  316.172(1), and upon a showing of the department's records

  5  that the licensee has received a second conviction within a

  6  period of 5 years following from the date of a prior

  7  conviction of s. 316.172(1), the department shall, upon

  8  direction of the court, suspend the driver's license of the

  9  person convicted for a period of not less than 90 days or nor

10  more than 6 months.

11         Section 46.  Subsection (6) of section 322.34, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         322.34  Driving while license suspended, revoked,

14  canceled, or disqualified.--

15         (6)  Any person who operates a motor vehicle:

16         (a)  Without having a driver's license as required

17  under s. 322.03; or

18         (b)  While his or her driver's license or driving

19  privilege is canceled, suspended, or revoked pursuant to s.

20  316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or

21  (4)(5),

22

23  and who by careless or negligent operation of the motor

24  vehicle causes the death of or serious bodily injury to

25  another human being is guilty of a felony of the third degree,

26  punishable as provided in s. 775.082 or s. 775.083.

27         Section 47.  Subsection (5) of section 324.201, Florida

28  Statutes, is amended to read:

29         324.201  Return of license or registration to

30  department.--

31


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  1         (5)  When a recovery agent or recovery agency obtains a

  2  seized license plate in accordance with this chapter, the

  3  license plate shall be delivered to a driver license office on

  4  the next business day local law enforcement agencies must be

  5  notified of the recovery within 6 hours after seizure. The

  6  recovery agent or recovery agency shall deliver the license

  7  plate to the local law enforcement authorities and obtain a

  8  receipt upon delivery of the license plate for claim record

  9  purposes with the department pursuant to the procedure

10  prescribed in this section.

11         Section 48.  Effective July 1, 2000, section 324.202,

12  Florida Statutes, is amended to read:

13         324.202  Seizure of motor vehicle license plates by

14  recovery agents.--

15         (1)  The Department of Highway Safety and Motor

16  Vehicles shall implement a pilot program using recovery agents

17  for the seizure of license plates in Broward County, Dade

18  County, and Hillsborough County. Licensed recovery agents and

19  recovery agencies as described in s. 493.6101(20) and (21) may

20  seize license plates of motor vehicles whose registrations

21  have been suspended pursuant to s. 316.646 or s. 627.733 in

22  such counties upon compliance with this section and rules of

23  the Department of Highway Safety and Motor Vehicles. Upon the

24  implementation of the vehicle information system overall

25  reorganization to the Oracle database of driver licenses and a

26  verification of an error rate of 2 percent or less for valid

27  license plates seized during the period following

28  implementation of the database, as determined by the Office of

29  Program Policy Analysis and Government Accountability, the

30  program shall be expanded to those counties where a majority

31  of the governing body of the county has requested the program


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  1  be implemented. The determination by the Office of Program

  2  Policy Analysis and Government Accountability shall be

  3  submitted to the Senate and the House of Representatives

  4  committees responsible for insurance and transportation issues

  5  no later than January 1, 2001. The program authorizing

  6  recovery agents and agencies to seize license plates shall be

  7  repealed July 1, 2002. The Department of Highway Safety and

  8  Motor Vehicles shall implement a pilot project in Broward

  9  County, Dade County, and Hillsborough County to determine the

10  effectiveness of using recovery agents for the seizure of

11  license plates.  On October 1, 1996, the department shall

12  provide a report to the President of the Senate, the Speaker

13  of the House of Representatives, the chair of the Senate

14  Commerce Committee, the chair of the House Insurance

15  Committee, and the Majority and Minority Leaders of the Senate

16  and the House of Representatives, on the results of the pilot

17  project. Licensed recovery agents and recovery agencies as

18  described in s. 493.6101(20) and (21) may seize license plates

19  of motor vehicles whose registrations have been suspended

20  pursuant to s. 316.646 or s. 627.733 in such counties upon

21  compliance with this section and rules of the Department of

22  Highway Safety and Motor Vehicles.

23         (2)  The Department of Highway Safety and Motor

24  Vehicles shall:

25         (a)  Provide a procedure for the payment of fees to

26  recovery agents or recovery agencies who seize license plates

27  pursuant to this section.  This procedure shall include the

28  development and distribution of forms and monthly renewal

29  notices, including the name and most current address available

30  to the department of persons not in compliance with s. 316.646

31  or s. 627.733, which shall be used by the seizing recovery


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  1  agent or recovery agency to transmit the seized license plate

  2  to the local law enforcement agency pursuant to s. 324.201.

  3         (b)  Provide a method for the payment of a the fee of

  4  $25 in s. 627.733(7) to the recovery agent or recovery agency

  5  seizing an eligible the license plate pursuant to this

  6  section. The requirements with respect to payment must provide

  7  that when the owner or operator whose driver's license has

  8  been suspended under s. 316.646 or s. 627.733 pays the

  9  reinstatement fee to the Department of Highway Safety and

10  Motor Vehicles, the department shall pay the recovery agent.

11         Section 49.  Paragraphs (n) and (o) are added to

12  subsection (8) of section 325.207, Florida Statutes, to read:

13         325.207  Inspection stations; department contracts;

14  inspection requirements; recordkeeping.--

15         (8)  Any contract authorized under this section shall

16  contain:

17         (n)  A provision authorizing the department to amend

18  the contract if the Legislature enacts legislation that

19  changes the number of motor vehicle model years that are

20  subject to inspection requirements.

21         (o)  A provision authorizing the contract to be amended

22  or canceled by the department upon statewide implementation of

23  clean fuel requirements promulgated by the United States

24  Environmental Protection Agency.

25         Section 50.  Section 325.2135, Florida Statutes, 1998

26  Supplement, is amended to read:

27         325.2135  Motor vehicle emissions inspection program;

28  development of specifications; fees; reporting.--

29         (1)  The Department of Highway Safety and Motor

30  Vehicles shall hire an independent expert consultant to

31  develop appropriate request-for-proposal specifications and a


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  1  range of inspection fees for the motor vehicle emissions

  2  inspection program based on an annual and a biennial

  3  inspection program for vehicles 4 model years old and older,

  4  using the basic test for hydrocarbon emissions and carbon

  5  monoxide emissions and other mobile source testing for nitrous

  6  oxides or other pollutants, and no later than January 1, 1999,

  7  to report to the President of the Senate and the Speaker of

  8  the House of Representatives setting forth the relevant facts

  9  and the department's recommendations. Notwithstanding the

10  provisions of chapter 325, the department and the Governor and

11  Cabinet, acting as head of that agency, are prohibited from

12  entering into any contract or extension of a contract for any

13  form of motor vehicles emissions testing without legislative

14  approval through the enactment of specific legislation

15  directing the department to implement an inspection program

16  and establishing a fee for the program.

17         (2)  If no specific legislation is passed during the

18  1999 legislative session to direct the department to implement

19  a motor vehicle inspection program, the department may issue a

20  request for proposal and The department may extend the current

21  emissions inspection program contracts for a period of time

22  sufficient to implement new contracts resulting from

23  competitive proposals, and shall enter into and implement one

24  or more contracts by June 30, 2000, for a biennial inspection

25  program for vehicles, except the current model year and the

26  two prior model years, 5 model years and older using the basic

27  test for hydrocarbon emissions and carbon monoxide emissions.

28  The requirements for the program included in the proposals

29  must be based on the requirements under chapter 325 unless

30  those requirements conflict with this section. No contract

31  entered into under this subsection may be for longer than 7 2


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  1  years. Any contract authorized under this section must contain

  2  a provision that, after 4 years, the department reserves the

  3  right to cancel the contract upon 6 months' notice to the

  4  contractor. Notwithstanding the provisions of s. 325.214, if

  5  the fee for motor vehicle inspection proposed by the

  6  Department of Highway Safety and Motor Vehicles may not will

  7  exceed $19 $10 per inspection., the department may impose the

  8  higher fee if such fee is approved through the budget

  9  amendment process set forth in chapter 216 and notice is

10  provided to the chairmen of the Senate and House

11  Transportation and Natural Resources Committees at the time it

12  is provided to the Senate Ways and Means and House

13  Appropriations Committees.

14         Section 51.  Subsection (2) of section 325.214, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         325.214  Motor vehicle inspection; fees; disposition of

17  fees.--

18         (2)  The inspection fee may not exceed $19 shall be

19  $10.  Notwithstanding any other provision of law to the

20  contrary, an additional fee of $1 shall be assessed upon the

21  issuance of each dealer certificate, which fee shall be

22  forwarded to the department for deposit into the Highway

23  Safety Operating Trust Fund.

24         Section 52.  Section 327.031, Florida Statutes, is

25  amended to read:

26         327.031  Suspension or denial of a vessel registration

27  due to child support delinquency; dishonored checks.--

28         (1)  The department must allow applicants for new or

29  renewal registrations to be screened by the Department of

30  Revenue, as the Title IV-D child support agency under s.

31  409.2598, or by a non-IV-D obligee to assure compliance with a


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  1  support obligation. The purpose of this section is to promote

  2  the public policy of this state as established in s. 409.2551.

  3  The department must, when directed by the court, deny or

  4  suspend the vessel registration of any applicant found to have

  5  a delinquent child support obligation. The department must

  6  issue or reinstate a registration when notified by the Title

  7  IV-D agency or the court that the applicant has complied with

  8  the terms of the court order. The department may not be held

  9  liable for any registration denial or suspension resulting

10  from the discharge of its duties under this section.

11         (2)  The department may deny or cancel any vessel

12  registration if the owner pays for the registration by a

13  dishonored check.

14         Section 53.  Subsection (3) of section 327.11, Florida

15  Statutes, is amended, present subsection (6) is renumbered as

16  subsection (8) and amended, and new subsections (6) and (7)

17  are added to that section, to read:

18         327.11  Vessel registration, application, certificate,

19  number, decal, duplicate certificate.--

20         (3)  The Department of Highway Safety and Motor

21  Vehicles shall issue certificates of registration and numbers

22  for city, county, and state-owned vessels, charging only the

23  service fees required in s. 327.25(7) and (8) at no charge,

24  provided the vessels are used for purposes other than

25  recreation.

26         (6)  When a vessel decal has been stolen, the owner of

27  the vessel for which the decal was issued shall make

28  application to the department for a replacement. The

29  application shall contain the decal number being replaced and

30  a statement that the item was stolen. If the application

31  includes a copy of the police report prepared in response to a


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  1  report of a stolen decal, such decal shall be replaced at no

  2  charge.

  3         (7)  Any decal lost in the mail may be replaced at no

  4  charge. The service charge shall not be applied to this

  5  replacement; however, the application for a replacement shall

  6  contain a statement of such fact, the decal number, and the

  7  date issued.

  8         (8)(6)  Anyone guilty of falsely certifying any facts

  9  relating to application, certificate, transfer, number, decal,

10  or duplicate, or replacement certificates or any information

11  required under this section shall be punished as provided

12  under this chapter.

13         Section 54.  Subsection (2) of section 327.23, Florida

14  Statutes, is amended to read:

15         327.23  Exemption of vessels and outboard motors from

16  personal property tax; temporary certificate of registration;

17  vessel registration certificate fee.--

18         (2)  A temporary certificate of registration may be

19  issued to a vessel for use in the following cases:

20         (a)  which The owner has made application to the United

21  States Coast Guard for documentation and has paid the

22  applicable registration certificate fee pursuant to s.

23  327.25(1). A temporary certificate of registration shall only

24  be issued upon proof that all applicable state sales taxes

25  have been paid and that the application for documentation is

26  on file with the United States Coast Guard. Any reregistration

27  of such a vessel without the submission of the vessel's

28  documentation papers shall require written verification from

29  the United States Coast Guard as to the current status of the

30  application for the vessel's documentation. Upon receipt of

31  the vessel's documentation papers, the owner shall bring them


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  1  to the agent issuing the temporary certificate for official

  2  recording of information.

  3         (b)  An out-of-state resident, subject to registration

  4  in this state, who must secure ownership documentation from

  5  the home state, and is unable to submit an out-of-state title

  6  because it is being held by an out-of-state lienholder.

  7         Section 55.  Paragraphs (b) and (c) of subsection (2),

  8  paragraph (b) of subsection (4), subsection (6), paragraph (c)

  9  of subsection (12), and subsection (15) of section 327.25,

10  Florida Statutes, are amended to read:

11         327.25  Classification; registration; fees and charges;

12  surcharge; disposition of fees; fines; marine turtle

13  stickers.--

14         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

15         (b)  The registration number for an antique vessel

16  shall be displayed as provided in affixed on the forward half

17  of the hull or on the port side of the windshield according to

18  ss. 327.11 and 327.14.

19         (c)  The Department of Highway Safety and Motor

20  Vehicles may issue a decal identifying the vessel as an

21  antique vessel. The decal shall be displayed as provided in s.

22  327.11 placed within 3 inches of the registration number.

23         (4)  TRANSFER OF OWNERSHIP.--

24         (b)  If a vessel is an antique as defined in subsection

25  (2), the application shall be accompanied by either a

26  certificate of title, a notarized bill of sale and a

27  registration, or a notarized bill of sale and an affidavit by

28  the owner defending the title from all claims. The bill of

29  sale must contain a complete vessel description to include the

30  hull identification number and engine number, if appropriate;

31


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  1  the year, make, and color of the vessel; the selling price;

  2  and the signatures of the seller and purchaser.

  3         (6)  CHANGE OF CLASSIFICATION.--If the classification

  4  of a vessel changes from noncommercial to commercial, or from

  5  commercial to noncommercial, and a current registration

  6  certificate has been issued to the owner, the owner shall

  7  within 30 days forward his or her certificate to the county

  8  tax collector with a fee of $2.25 and a new certificate shall

  9  be issued.

10         (12)  REGISTRATION.--

11         (c)  Effective July 1, 1996, the following registration

12  periods and renewal periods are established:

13         1.  For vessels owned by individuals, the registration

14  period begins the first day of the birth month of the owner

15  and ends the last day of the month immediately preceding the

16  owner's birth month in the succeeding year. If the vessel is

17  registered in the name of more than one person, the birth

18  month of the person whose name first appears on the

19  registration shall be used to determine the registration

20  period. For a vessel subject to this registration period, the

21  renewal period is the 30-day period ending at midnight on the

22  vessel owner's date of birth.

23         2.  For vessels owned by companies, corporations,

24  governmental entities, those entities listed under subsection

25  (11), and registrations issued to dealers and manufacturers,

26  the registration period begins July 1 and ends June 30.  The

27  renewal period is the 30-day period beginning June 1.

28         (15)  EXEMPTIONS.--Vessels owned and operated by Sea

29  Explorer or Sea Scout units of the Boy Scouts of America, the

30  Girl Scouts of America, the Florida Association of Christian

31  Child Caring Agencies Safe Harbor Haven, Inc., or the


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  1  Associated Marine Institutes, Inc., and its affiliates, or

  2  which are antique vessels as defined in paragraph (2)(a) are

  3  exempt from the provisions of subsection (1).  Such vessels

  4  shall be issued certificates of registration and numbers upon

  5  application and payment of the service fee provided in

  6  subsection (7).

  7         Section 56.  Section 327.255, Florida Statutes, is

  8  created to read:

  9         327.255  Registration; duties of tax collectors.--

10         (1)  The tax collectors in the counties of the state,

11  as authorized agents of the department, shall issue

12  registration certificates and vessel numbers and decals to

13  applicants, subject to the requirements of law and in

14  accordance with rules of the department.

15         (2)  Each tax collector shall keep a full and complete

16  record and account of all vessel decals or other properties

17  received by him or her from the department or from any other

18  source and shall make prompt remittance of moneys collected by

19  him or her at the times and in the manner prescribed by law.

20         (3)  A fee of 50 cents shall be charged in addition to

21  the fees required under s. 327.25 on every vessel decal

22  registration sold to cover the cost of the Florida Real Time

23  Vehicle Information System. The fees collected under this

24  section shall be deposited into the Highway Safety Operating

25  Trust Fund and shall be used to fund that system and may be

26  used to fund the general operations of the department.

27         Section 57.  Section 327.256, Florida Statutes, is

28  created to read:

29         327.256  Advanced registration renewal; procedures.--

30         (1)  The owner of any vessel currently registered in

31  this state may file an application for renewal of registration


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  1  with the department, or its authorized agent in the county

  2  wherein the owner resides, any time during the 3 months

  3  preceding the date of expiration of the registration period.

  4         (2)  Upon the filing of the application and payment of

  5  the appropriate vessel registration fee and service charges

  6  required by s. 327.25 and any additional fees required by law,

  7  the department or its agents shall issue to the owner of the

  8  vessel a decal and registration. When the decal is affixed to

  9  the vessel, the registration is renewed for the appropriate

10  registration period.

11         (3)  Any person who uses a vessel decal without lawful

12  authority or who willfully violates any rule of the department

13  relating to this section shall be punished as provided under

14  this chapter.

15         Section 58.  Paragraph (c) of subsection (3) of section

16  328.01, Florida Statutes, is amended to read:

17         328.01  Application for certificate of title.--

18         (3)

19         (c)  In making application for transfer of title from a

20  deceased titled owner, the new owner or surviving coowner

21  shall establish proof of ownership by submitting with the

22  application the original certificate of title and the

23  decedent's probated last will and testament or letters of

24  administration appointing the personal representative of the

25  decedent.  In lieu of a probated last will and testament or

26  letters of administration, a copy of the decedent's death

27  certificate, a certified copy of the decedent's last will and

28  testament, and an affidavit by the decedent's surviving spouse

29  or heirs affirming rights of ownership may be accepted by the

30  department.  If the decedent died intestate, a court order

31  awarding the ownership of the vessel or an affidavit by the


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  1  decedent's surviving spouse or heirs establishing or releasing

  2  all rights of ownership and a copy of the decedent's death

  3  certificate shall be submitted to the department.

  4         Section 59.  Subsection (3) of section 328.11, Florida

  5  Statutes, is amended to read:

  6         328.11  Duplicate certificate of title.--

  7         (3)  If, following the issuance of an original,

  8  duplicate, or corrected certificate of title by the

  9  department, the certificate is lost in transit and is not

10  delivered to the addressee, the owner of the vessel or the

11  holder of a lien thereon may, within 180 90 days after the

12  date of issuance of the title, apply to the department for

13  reissuance of the certificate of title.  An additional fee may

14  not be charged for reissuance under this subsection.

15         Section 60.  Paragraph (c) of subsection (2) and

16  subsection (7) of section 328.15, Florida Statutes, are

17  amended, present subsection (8) is renumbered as subsection

18  (12), and new subsections (8), (9), (10), and (11) are added

19  to that section, to read:

20         328.15  Notice of lien on vessel; recording.--

21         (2)

22         (c)  If the owner of the vessel as shown on the title

23  certificate or the director of the state child support

24  enforcement program desires to place a second or subsequent

25  lien or encumbrance against the vessel when the title

26  certificate is in the possession of the first lienholder, the

27  owner shall send a written request to the first lienholder by

28  certified mail and such first lienholder shall forward the

29  certificate to the department for endorsement. The department

30  shall return the certificate to the first lienholder, as

31  indicated in the notice of lien filed by the first lienholder,


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  1  after endorsing the second or subsequent lien on the

  2  certificate and on the duplicate. If the first lienholder

  3  fails, neglects, or refuses to forward the certificate of

  4  title to the department within 10 days after the date of the

  5  owner's or the director's request, the department, on written

  6  request of the subsequent lienholder or an assignee thereof,

  7  shall demand of the first lienholder the return of such

  8  certificate for the notation of the second or subsequent lien

  9  or encumbrance. The director of the state child support

10  enforcement program may place a subsequent lien or encumbrance

11  against a vessel having a recorded first lien by sending a

12  written request to the first lienholder by certified mail.

13  The first lienholder shall forward the certificate to the

14  Department of Highway Safety and Motor Vehicles for

15  endorsement, and the department shall return the certificate

16  to the first lienholder after endorsing the subsequent lien on

17  the certificate and on the duplicate.

18         (7)(a)  Should any person, firm, or corporation holding

19  such lien, which has been recorded by the Department of

20  Highway Safety and Motor Vehicles, upon payment of such lien

21  and on demand, fail or refuse, within 30 days after such

22  payment and demand, to furnish the debtor or the registered

23  owner of such vessel motorboat a satisfaction of the lien,

24  then, in that event, such person, firm, or corporation shall

25  be held liable for all costs, damages, and expenses, including

26  reasonable attorney's fees, lawfully incurred by the debtor or

27  the registered owner of such vessel motorboat in any suit

28  which may be brought in the courts of this state for the

29  cancellation of such lien.

30         (b)  Following satisfaction of a lien, the lienholder

31  shall enter a satisfaction thereof in the space provided on


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  1  the face of the certificate of title. If there are no

  2  subsequent liens shown thereon, the certificate shall be

  3  delivered by the lienholder to the person satisfying the lien

  4  or encumbrance and an executed satisfaction on a form provided

  5  by the department shall be forwarded to the department by the

  6  lienholder within 10 days after satisfaction of the lien.

  7         (c)  If the certificate of title shows a subsequent

  8  lien not then being discharged, an executed satisfaction of

  9  the first lien shall be delivered by the lienholder to the

10  person satisfying the lien and the certificate of title

11  showing satisfaction of the first lien shall be forwarded by

12  the lienholder to the department within 10 days after

13  satisfaction of the lien.

14         (d)  If, upon receipt of a title certificate showing

15  satisfaction of the first lien, the department determines from

16  its records that there are no subsequent liens or encumbrances

17  upon the vessel, the department shall forward to the owner, as

18  shown on the face of the title, a corrected certificate

19  showing no liens or encumbrances. If there is a subsequent

20  lien not being discharged, the certificate of title shall be

21  reissued showing the second or subsequent lienholder as the

22  first lienholder and shall be delivered to the new first

23  lienholder. The first lienholder shall be entitled to retain

24  the certificate of title until his or her lien is satisfied.

25  Upon satisfaction of the lien, the lienholder shall be subject

26  to the procedures required of a first lienholder in this

27  subsection and in subsection (2).

28         (8)  When the original certificate of title cannot be

29  returned to the department by the lienholder and evidence

30  satisfactory to the department is produced that all liens or

31  encumbrances have been satisfied, upon application by the


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  1  owner for a duplicate copy of the certificate of title, upon

  2  the form prescribed by the department, accompanied by the fee

  3  prescribed in this chapter, a duplicate copy of the

  4  certificate of title without statement of liens or

  5  encumbrances shall be issued by the department and delivered

  6  to the owner.

  7         (9)  Any person who fails, within 10 days after receipt

  8  of a demand by the department by certified mail, to return a

  9  certificate of title to the department as required by

10  subsection (2)(c) or who, upon satisfaction of a lien, fails

11  within 10 days after receipt of such demand to forward the

12  appropriate document to the department as required by

13  paragraph (7)(b) or paragraph (7)(c) commits a misdemeanor of

14  the second degree, punishable as provided in s. 775.082 or s.

15  775.083.

16         (10)  The department is not required to retain on file

17  any bill of sale or duplicate thereof, notice of lien, or

18  satisfaction of lien covering any vessel for a period longer

19  than 7 years after the date of the filing thereof, and

20  thereafter the same may be destroyed.

21         (11)  The department shall use the last known address

22  as shown by its records when sending any notice required by

23  this section.

24         Section 61.  Subsection (3) of section 328.16, Florida

25  Statutes, is amended, and subsection (5) is added to that

26  section, to read:

27         328.16  Issuance in duplicate; delivery; liens and

28  encumbrances.--

29         (3)  Except as provided in s. 328.15(12) s. 328.15(8),

30  the certificate of title shall be retained by the first

31


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  1  lienholder.  The first lienholder is entitled to retain the

  2  certificate until the first lien is satisfied.

  3         (5)  The owner of a vessel, upon which a lien has been

  4  filed with the department or noted upon a certificate of title

  5  for a period of 5 years, may apply to the department in

  6  writing for such lien to be removed from the department files

  7  or from the certificate of title. The application must be

  8  accompanied by evidence satisfactory to the department that

  9  the applicant has notified the lienholder by certified mail,

10  not less than 20 days prior to the date of the application, of

11  his or her intention to apply to the department for removal of

12  the lien. Ten days after receipt of the application, the

13  department may remove the lien from its files or from the

14  certificate of title, as the case may be, if no statement in

15  writing protesting removal of the lien is received by the

16  department from the lienholder within the 10-day period.

17  However, if the lienholder files with the department, within

18  the 10-day period, a written statement that the lien is still

19  outstanding, the department may not remove the lien until the

20  lienholder presents a satisfaction of lien to the department.

21         Section 62.  Section 328.165, Florida Statutes, is

22  created to read:

23         328.165  Cancellation of certificates.--

24         (1)  If it appears that a certificate of title has been

25  improperly issued, the department shall cancel the

26  certificate. Upon cancellation of any certificate of title,

27  the department shall notify the person to whom the certificate

28  of title was issued, and any lienholders appearing thereon, of

29  the cancellation and shall demand the surrender of the

30  certificate of title; however, the cancellation does not

31  affect the validity of any lien noted thereon. The holder of


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  1  the certificate of title shall immediately return it to the

  2  department. If a certificate of registration has been issued

  3  to the holder of a certificate of title so canceled, the

  4  department shall immediately cancel the certificate of

  5  registration and demand the return of the certificate of

  6  registration and the holder of such certificate of

  7  registration shall immediately return it to the department.

  8         (2)  The department may, upon application by any person

  9  and payment of the proper fees, prepare and furnish lists

10  containing title information in such form as the department

11  authorizes, search the records of the department and make

12  reports thereof, and make photographic copies of the

13  department records and attestations thereof.

14         Section 63.  Subsection (7) of section 627.733, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         627.733  Required security.--

17         (7)(a)  Any operator or owner whose driver's license or

18  registration has been suspended pursuant to this section or s.

19  316.646 may effect its reinstatement upon compliance with the

20  requirements of this section and upon payment to the

21  Department of Highway Safety and Motor Vehicles of a

22  nonrefundable reinstatement fee of $150 for the first

23  reinstatement.  Such reinstatement fee shall be $250 for the

24  second reinstatement and $500 for each subsequent

25  reinstatement during the 3 years following the first

26  reinstatement. Any person reinstating her or his insurance

27  under this subsection must also secure noncancelable coverage

28  as described in s. 627.7275(2) and present to the appropriate

29  person proof that the coverage is in force on a form

30  promulgated by the Department of Highway Safety and Motor

31  Vehicles, such proof to be maintained for 2 years.  If the


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  1  person does not have a second reinstatement within 3 years

  2  after her or his initial reinstatement, the reinstatement fee

  3  shall be $150 for the first reinstatement after that 3-year

  4  period. In the event that a person's license and registration

  5  are suspended pursuant to this section or s. 316.646, only one

  6  reinstatement fee shall be paid to reinstate the license and

  7  the registration. All fees shall be collected by the

  8  Department of Highway Safety and Motor Vehicles at the time of

  9  reinstatement.  The Department of Highway Safety and Motor

10  Vehicles shall issue proper receipts for such fees and shall

11  promptly deposit those fees in the Highway Safety Operating

12  Trust Fund. One-third of the fee collected under this

13  subsection shall be distributed from the Highway Safety

14  Operating Trust Fund to the local government entity or state

15  agency which employed the law enforcement officer or the

16  recovery agent who seizes a license plate pursuant to s.

17  324.201 or to s. 324.202.  Such funds may be used by the local

18  government entity or state agency for any authorized purpose.

19         (b)  One-third of the fee collected for the seizure of

20  a license plate by a recovery agent shall be paid to the

21  recovery agent, and the balance shall remain in the Highway

22  Safety Operating Trust Fund and be distributed pursuant to s.

23  321.245.

24         Section 64.  Paragraph (b) of subsection (4) and

25  paragraph (c) of subsection (7) of section 713.78, Florida

26  Statutes, 1998 Supplement, are amended to read:

27         713.78  Liens for recovering, towing, or storing

28  vehicles and undocumented vessels.--

29         (4)

30         (b)  Notice by certified mail, return receipt

31  requested, shall be sent within 7 business days after the date


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  1  of storage of the vehicle or vessel to the registered owner

  2  and to all persons of record claiming a lien against the

  3  vehicle or vessel.  It shall state the fact of possession of

  4  the vehicle or vessel, that a lien as provided in subsection

  5  (2) is claimed, that charges have accrued and the amount

  6  thereof, that the lien is subject to enforcement pursuant to

  7  law, and that the owner or lienholder, if any, has the right

  8  to a hearing as set forth in subsection (5), and that any

  9  vehicle or vessel which remains unclaimed, or for which the

10  charges for recovery, towing, or storage services remain

11  unpaid, may be sold after in 35 days free of all prior liens.

12         (7)

13         (c)  Any law enforcement agency requesting that a motor

14  vehicle be removed from an accident scene, street, or highway

15  must conduct an inventory and prepare a written record of all

16  personal property found in the vehicle before the vehicle is

17  removed by a wrecker operator. However, if the owner or driver

18  of the motor vehicle is present and accompanies the vehicle,

19  no inventory by law enforcement is required. A wrecker

20  operator is not liable for the loss of personal property

21  alleged to be contained in such a vehicle when such personal

22  property was not identified on the inventory record prepared

23  by the law enforcement agency requesting the removal of the

24  vehicle.

25         Section 65.  Subsection (1) of section 732.9215,

26  Florida Statutes, is amended to read:

27         732.9215  Education program relating to anatomical

28  gifts.--The Agency for Health Care Administration, subject to

29  the concurrence of the Department of Highway Safety and Motor

30  Vehicles, shall develop a continuing program to educate and

31  inform medical professionals, law enforcement agencies and


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  1  officers, high school children, state and local government

  2  employees, and the public regarding the laws of this state

  3  relating to anatomical gifts and the need for anatomical

  4  gifts.

  5         (1)  The program is to be implemented with the

  6  assistance of the organ and tissue donor education panel as

  7  provided in s. 732.9216 and with the funds collected under ss.

  8  320.08047 and 322.08(6)(b) 322.08(7)(b). Existing community

  9  resources, when available, must be used to support the

10  program, and volunteers may assist the program to the maximum

11  extent possible. The Agency for Health Care Administration may

12  contract for the provision of all or any portion of the

13  program. When awarding such contract, the agency shall give

14  priority to existing nonprofit groups that are located within

15  the community, including within the minority communities

16  specified in subsection (2).  The program aimed at educating

17  medical professionals may be implemented by contract with one

18  or more medical schools located in the state.

19         Section 66.  Subsection (1) of section 732.9216,

20  Florida Statutes, is amended to read:

21         732.9216  Organ and tissue donor education panel.--

22         (1)  The Legislature recognizes that there exists in

23  the state a shortage of organ and tissue donors to provide the

24  organs and tissue that could save lives or enhance the quality

25  of life for many Floridians.  The Legislature further

26  recognizes the need to encourage the various minority

27  populations of Florida to donate organs and tissue.  It is the

28  intent of the Legislature that the funds collected pursuant to

29  ss. 320.08047 and 322.08(6)(b) 322.08(7)(b) be used for

30  educational purposes aimed at increasing the number of organ

31  and tissue donors, thus affording more Floridians who are


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  1  awaiting organ or tissue transplants the opportunity for a

  2  full and productive life.

  3         Section 67.  Paragraph (a) of subsection (3) of section

  4  812.014, Florida Statutes, is amended, and subsection (5) is

  5  added to that section, to read:

  6         812.014  Theft.--

  7         (3)(a)  Theft of any property not specified in

  8  subsection (2) is petit theft of the second degree and a

  9  misdemeanor of the second degree, punishable as provided in s.

10  775.082 or s. 775.083, and as provided in subsection (5), as

11  applicable.

12         (5)(a)  No person shall drive a motor vehicle so as to

13  cause it to leave the premises of an establishment at which

14  gasoline offered for retail sale was dispensed into the fuel

15  tank of such motor vehicle unless the payment of authorized

16  charge for the gasoline dispensed has been made.

17         (b)  In addition to the penalties prescribed in

18  paragraph (3)(a), every judgment of guilty of a petit theft

19  for property described in this subsection shall provide for

20  the suspension of the convicted person's driver's license. The

21  court shall forward the driver's license to the Department of

22  Highway Safety and Motor Vehicles in accordance with s.

23  322.25.

24         1.  The first suspension of a driver's license under

25  this subsection shall be for a period of up to 6 months.

26         2.  The second or subsequent suspension of a driver's

27  license under this subsection shall be for a period of 1 year.

28         Section 68.  Subsection (1) of section 832.06, Florida

29  Statutes, is amended to read:

30         832.06  Prosecution for worthless checks given tax

31  collector for licenses or taxes; refunds.--


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  1         (1)  Whenever any person, firm, or corporation violates

  2  the provisions of s. 832.05 by drawing, making, uttering,

  3  issuing, or delivering to any county tax collector any check,

  4  draft, or other written order on any bank or depository for

  5  the payment of money or its equivalent for any tag, title,

  6  lien, tax (except ad valorem taxes), penalty, or fee relative

  7  to a boat, airplane, or motor vehicle, driver license, or

  8  identification card; any occupational license, beverage

  9  license, or sales or use tax; or any hunting or fishing

10  license, the county tax collector, after the exercise of due

11  diligence to locate the person, firm, or corporation which

12  drew, made, uttered, issued, or delivered the check, draft, or

13  other written order for the payment of money, or to collect

14  the same by the exercise of due diligence and prudence, shall

15  swear out a complaint in the proper court against the person,

16  firm, or corporation for the issuance of the worthless check

17  or draft. If the state attorney cannot sign the information

18  due to lack of proof, as determined by the state attorney in

19  good faith, for a prima facie case in court, he or she shall

20  issue a certificate so stating to the tax collector. If

21  payment of the dishonored check, draft, or other written

22  order, together with court costs expended, is not received in

23  full by the county tax collector within 30 days after service

24  of the warrant, 30 days after conviction, or 60 days after the

25  collector swears out the complaint or receives the certificate

26  of the state attorney, whichever is first, the county tax

27  collector shall make a written report to this effect to the

28  Department of Highway Safety and Motor Vehicles relative to

29  airplanes and motor vehicles and vessels, to the Department of

30  Environmental Protection relative to boats, to the Department

31  of Revenue relative to occupational licenses and the sales and


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  1  use tax, to the Division of Alcoholic Beverages and Tobacco of

  2  the Department of Business and Professional Regulation

  3  relative to beverage licenses, or to the Game and Fresh Water

  4  Fish Commission relative to hunting and fishing licenses,

  5  containing a statement of the amount remaining unpaid on the

  6  worthless check or draft. If the information is not signed,

  7  the certificate of the state attorney is issued, and the

  8  written report of the amount remaining unpaid is made, the

  9  county tax collector may request the sum be forthwith refunded

10  by the appropriate governmental entity, agency, or department.

11  If a warrant has been issued and served, he or she shall

12  certify to that effect, together with the court costs and

13  amount remaining unpaid on the check. The county tax collector

14  may request that the sum of money certified by him or her be

15  forthwith refunded by the Department of Highway Safety and

16  Motor Vehicles, the Department of Environmental Protection,

17  the Department of Revenue, the Division of Alcoholic Beverages

18  and Tobacco of the Department of Business and Professional

19  Regulation, or the Game and Fresh Water Fish Commission to the

20  county tax collector. Within 30 days after receipt of the

21  request, the Department of Highway Safety and Motor Vehicles,

22  the Department of Environmental Protection, the Department of

23  Revenue, the Division of Alcoholic Beverages and Tobacco of

24  the Department of Business and Professional Regulation, or the

25  Game and Fresh Water Fish Commission, upon being satisfied as

26  to the correctness of the certificate of the tax collector, or

27  the report, shall refund to the county tax collector the sums

28  of money so certified or reported. If any officer of any court

29  issuing the warrant is unable to serve it within 60 days after

30  the issuance and delivery of it to the officer for service,

31  the officer shall make a written return to the county tax


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  1  collector to this effect. Thereafter, the county tax collector

  2  may certify that the warrant has been issued and that service

  3  has not been had upon the defendant and further certify the

  4  amount of the worthless check or draft and the amount of court

  5  costs expended by the county tax collector, and the county tax

  6  collector may file the certificate with the Department of

  7  Highway Safety and Motor Vehicles relative to motor vehicles

  8  and vessels airplanes, with the Department of Environmental

  9  Protection relative to boats, with the Department of Revenue

10  relative to occupational licenses and the sales and use tax,

11  with the Division of Alcoholic Beverages and Tobacco of the

12  Department of Business and Professional Regulation relative to

13  beverage licenses, or with the Game and Fresh Water Fish

14  Commission relative to hunting and fishing licenses, together

15  with a request that the sums of money so certified be

16  forthwith refunded by the Department of Highway Safety and

17  Motor Vehicles, the Department of Environmental Protection,

18  the Department of Revenue, the Division of Alcoholic Beverages

19  and Tobacco of the Department of Business and Professional

20  Regulation, or the Game and Fresh Water Fish Commission to the

21  county tax collector, and within 30 days after receipt of the

22  request, the Department of Highway Safety and Motor Vehicles,

23  the Department of Environmental Protection, the Department of

24  Revenue, the Division of Alcoholic Beverages and Tobacco of

25  the Department of Business and Professional Regulation, or the

26  Game and Fresh Water Fish Commission, upon being satisfied as

27  to the correctness of the certificate, shall refund the sums

28  of money so certified to the county tax collector.

29         Section 69.  Paragraph (a) of subsection (2) of section

30  932.701, Florida Statutes, is amended to read:

31         932.701  Short title; definitions.--


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  1         (2)  As used in the Florida Contraband Forfeiture Act:

  2         (a)  "Contraband article" means:

  3         1.  Any controlled substance as defined in chapter 893

  4  or any substance, device, paraphernalia, or currency or other

  5  means of exchange that was used, was attempted to be used, or

  6  was intended to be used in violation of any provision of

  7  chapter 893, if the totality of the facts presented by the

  8  state is clearly sufficient to meet the state's burden of

  9  establishing probable cause to believe that a nexus exists

10  between the article seized and the narcotics activity, whether

11  or not the use of the contraband article can be traced to a

12  specific narcotics transaction.

13         2.  Any gambling paraphernalia, lottery tickets, money,

14  currency, or other means of exchange which was used, was

15  attempted, or intended to be used in violation of the gambling

16  laws of the state.

17         3.  Any equipment, liquid or solid, which was being

18  used, is being used, was attempted to be used, or intended to

19  be used in violation of the beverage or tobacco laws of the

20  state.

21         4.  Any motor fuel upon which the motor fuel tax has

22  not been paid as required by law.

23         5.  Any personal property, including, but not limited

24  to, any vessel, aircraft, item, object, tool, substance,

25  device, weapon, machine, vehicle of any kind, money,

26  securities, books, records, research, negotiable instruments,

27  or currency, which was used or was attempted to be used as an

28  instrumentality in the commission of, or in aiding or abetting

29  in the commission of, any felony, whether or not comprising an

30  element of the felony, or which is acquired by proceeds

31


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  1  obtained as a result of a violation of the Florida Contraband

  2  Forfeiture Act.

  3         6.  Any real property, including any right, title,

  4  leasehold, or other interest in the whole of any lot or tract

  5  of land, which was used, is being used, or was attempted to be

  6  used as an instrumentality in the commission of, or in aiding

  7  or abetting in the commission of, any felony, or which is

  8  acquired by proceeds obtained as a result of a violation of

  9  the Florida Contraband Forfeiture Act.

10         7.  Any personal property, including, but not limited

11  to, equipment, money, securities, books, records, research,

12  negotiable instruments, currency, or any vessel, aircraft,

13  item, object, tool, substance, device, weapon, machine, or

14  vehicle of any kind in the possession of or belonging to any

15  person who takes aquaculture products in violation of s.

16  812.014(2)(c).

17         8.  Any motor vehicle offered for sale in violation of

18  s. 320.28.

19         Section 70.  For the purpose of incorporating the

20  amendment to section 932.701(2)(a), Florida Statutes, in

21  references thereto, subsection (6) of section 705.101, Florida

22  Statutes, and subsection (4) of section 932.703, Florida

23  Statutes, is reenacted to read:

24         705.101  Definitions.--As used in this chapter:

25         (6)  "Unclaimed evidence" means any tangible personal

26  property, including cash, not included within the definition

27  of "contraband article," as provided in s. 932.701(2), which

28  was seized by a law enforcement agency, was intended for use

29  in a criminal or quasi-criminal proceeding, and is retained by

30  the law enforcement agency or the clerk of the county or

31


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  1  circuit court for 60 days after the final disposition of the

  2  proceeding and to which no claim of ownership has been made.

  3         932.703  Forfeiture of contraband article;

  4  exceptions.--

  5         (4)  In any incident in which possession of any

  6  contraband article defined in s. 932.701(2)(a) constitutes a

  7  felony, the vessel, motor vehicle, aircraft, other personal

  8  property, or real property in or on which such contraband

  9  article is located at the time of seizure shall be contraband

10  subject to forfeiture.  It shall be presumed in the manner

11  provided in s. 90.302(2) that the vessel, motor vehicle,

12  aircraft, other personal property, or real property in which

13  or on which such contraband article is located at the time of

14  seizure is being used or was attempted or intended to be used

15  in a manner to facilitate the transportation, carriage,

16  conveyance, concealment, receipt, possession, purchase, sale,

17  barter, exchange, or giving away of a contraband article

18  defined in s. 932.701(2).

19         Section 71.  Paragraph (d) of subsection (6) of section

20  932.703, Florida Statutes, is amended to read:

21         932.703  Forfeiture of contraband article;

22  exceptions.--

23         (6)

24         (d)  A vehicle that is rented or leased from a company

25  engaged in the business of renting or leasing vehicles, which

26  vehicle was rented or leased in the manner prescribed by law

27  prior to the seizure, may not be forfeited under the Florida

28  Contraband Forfeiture Act, and no fine, penalty, or

29  administrative charge, other than reasonable and customary

30  charges for towing and storage, shall be imposed by any

31  governmental agency on the company which rented or leased the


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  1  vehicle, unless the seizing agency establishes by

  2  preponderance of the evidence that the renter or lessor had

  3  actual knowledge, at the time the vehicle was rented or

  4  leased, that the vehicle was being employed or was likely to

  5  be employed in criminal activity.  When a vehicle that is

  6  rented or leased from a company engaged in the business of

  7  renting or leasing vehicles is seized under the Florida

  8  Contraband Forfeiture Act, upon learning the address or phone

  9  number of the company, the seizing law enforcement agency

10  shall, as soon as practicable, inform the company that the

11  vehicle has been seized and is available for the company to

12  take possession upon payment of the reasonable and customary

13  charges for towing and storage.

14         Section 72.  (1)  SHORT TITLE AND PURPOSE.--

15         (a)  This section may be cited as the "Florida Clean

16  Fuel Act."

17         (b)  The purposes of this act are to establish the

18  Clean Fuel Florida Advisory Board under the Department of

19  Community Affairs to study the implementation of alternative

20  fuel vehicles and to formulate and provide to the Secretary of

21  Community Affairs recommendations on expanding the use of

22  alternative fuel vehicles in this state and make funding

23  available for implementation.

24         (2)  DEFINITIONS.--For purposes of this act:

25         (a)  "Alternative fuels" include electricity,

26  biodiesel, natural gas, propane, and any other fuel that may

27  be deemed appropriate in the future by the Department of

28  Community Affairs with guidance from the Clean Fuel Florida

29  Advisory Board.

30         (b)  "Alternative fuel vehicles" include on-road and

31  off-road transportation vehicles and light-duty, medium-duty,


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  1  and heavy-duty vehicles that are powered by an alternative

  2  fuel or a combination of alternative fuels.

  3         (3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;

  4  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.--

  5         (a)  The Clean Fuel Florida Advisory Board is

  6  established within the Department of Community Affairs.

  7         (b)1.  The advisory board shall consist of the

  8  Secretary of Community Affairs, or a designee from that

  9  department, the Secretary of Environmental Protection, or a

10  designee from that department, the Secretary of Education, or

11  a designee from that department, the Secretary of

12  Transportation, or a designee from that department, the

13  Commissioner of Agriculture, or a designee from the department

14  of Agriculture and Consumer Services, the Secretary of

15  Management Services, or a designee from that department, and a

16  representative of each of the following, who shall be

17  appointed by the Secretary of Community Affairs within 30 days

18  after the effective date of this act:

19         a.  The Florida biodiesel industry.

20         b.  The Florida electric utility industry.

21         c.  The Florida natural gas industry.

22         d.  The Florida propane gas industry.

23         e.  An automobile manufacturers' association.

24         f.  A Florida Clean Cities Coalition designated by the

25  United States Department of Energy.

26         g.  Enterprise Florida, Inc.

27         h.  EV Ready Broward.

28         i.  The Florida petroleum industry.

29         j.  The Florida League of Cities.

30         k.  The Florida Association of Counties.

31         l.  Floridians for Better Transportation.


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  1         m.  A motor vehicle manufacturer.

  2         n.  Florida Local Environment Resource Agencies.

  3         o.  Project for an energy efficient Florida.

  4         p.  Florida Transportation Builders Association.

  5         2.  The purpose of the advisory board is to serve as a

  6  resource for the department and to provide the Governor, the

  7  Legislature, and the Secretary of Community Affairs with

  8  private sector and other public agency perspectives on

  9  achieving the goal of increasing the use of alternative fuel

10  vehicles in this state.

11         3.  Members shall be appointed to serve terms of one

12  year each, with reappointment at the discretion of the

13  Secretary of Community Affairs. Vacancies shall be filled for

14  the remainder of the unexpired term in the same manner as the

15  original appointment.

16         4.  The board shall annually select a chairperson.

17         5.a.  The board shall meet at least once each quarter

18  or more often at the call of the chairperson or the Secretary

19  of Community Affairs.

20         b.  Meetings are exempt from the notice requirements of

21  chapter 120, Florida Statutes, and sufficient notice shall be

22  given to afford interested persons reasonable notice under the

23  circumstances.

24         6.  Members of the board are entitled to travel

25  expenses while engaged in the performance of board duties.

26         7.  The board shall terminate 5 years after the

27  effective date of this act.

28         (c)  The board shall review the performance of the

29  state with reference to alternative fuel vehicle

30  implementation in complying with federal laws and maximizing

31  available federal funding and may:


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  1         1.  Advise the Governor, Legislature, and the Secretary

  2  of Community Affairs and make recommendations regarding

  3  implementation and use of alternative fuel vehicles in this

  4  state.

  5         2.  Identify potential improvements in this act and the

  6  state's alternative fuel policies.

  7         3.  Request from all state agencies any information the

  8  board determines relevant to board duties.

  9         4.  Regularly report to the Secretary of Community

10  Affairs, the Governor, the President of the Senate, and the

11  Speaker of the House of Representatives regarding the board's

12  findings and recommendations.

13         (d)1.  The advisory board shall, within 120 days after

14  its first meeting, make recommendations to the Department of

15  Community Affairs for establishing pilot programs in this

16  state that provide experience and support the best use

17  expansion of the alternative fuel vehicle industry in this

18  state.  No funds shall be released for a project unless there

19  is at least a 50 percent private or local match.

20         2.  In addition to the pilot programs, the advisory

21  board shall assess federal, state, and local initiatives to

22  identify incentives that encourage successful alternative fuel

23  vehicle programs, obstacles to alternative fuel vehicle use

24  including legislative, regulatory, and economic obstacles, and

25  programs that educate and inform the public about alternative

26  fuel vehicles.

27         3.  The advisory board is charged with determining a

28  reasonable, fair, and equitable way to address current motor

29  fuel taxes as they apply to alternative fuels and at what

30  threshold of market penetration.

31


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  1         4.  Based on its findings, the advisory board shall

  2  develop recommendations to the Legislature on future

  3  alternative fuel vehicle programs and legislative changes that

  4  provide the best use of state and other resources to enhance

  5  the alternative fuel vehicle market in this state and maximize

  6  the return on that investment in terms of job creation,

  7  economic development, and emissions reduction.

  8         (e)  The advisory board, working with the Department of

  9  Community Affairs, shall develop a budget for the department's

10  approval and all expenditures shall be approved by the

11  department. At the conclusion of the first year, the

12  department shall conduct an audit of the board and board

13  programs.

14         Section 73.  Subsection (1) of section 322.051, Florida

15  Statutes, is amended to read:

16         322.051  Identification cards.--

17         (1)  Any person who is 12 years of age or older, or any

18  person who has a disability, regardless of age, who applies

19  for a disabled parking permit under s. 320.0848, may be issued

20  an identification card by the department upon completion of an

21  application and payment of an application fee.

22         (a)  Each such application shall include the following

23  information regarding the applicant:

24         1.  Full name (first, middle or maiden, and last),

25  gender, social security card number, residence and mailing

26  address, and a brief description.

27         2.  Proof of birth date satisfactory to the department.

28         3.  Proof of identity satisfactory to the department,

29  including one of the following: a certified copy of a United

30  States birth certificate, a valid United States passport, an

31  alien registration receipt card (green card), an employment


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  1  authorization card issued by the United States Department of

  2  Justice, or proof of nonimmigrant classification provided by

  3  the United States Department of Justice, for an original

  4  identification card. The application must include the

  5  applicant's full name (first, middle or maiden, and last),

  6  sex, race, residence address and mailing address, proof of

  7  birth satisfactory to the department, and other data that the

  8  department requires.

  9         (b)  An application for an identification card must be

10  signed and verified by the applicant in a format designated by

11  the department before a person authorized to administer oaths.

12  The fee for an identification card is $3, including payment

13  for the color photograph or digital image of the applicant.

14         Section 74.  Subsection (2) of section 322.08, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         322.08  Application for license.--

17         (2)  Each such application shall include the following

18  information regarding the applicant:

19         (a)  Full name (first, middle or maiden, and last),

20  gender, social security card number, residence and mailing

21  address, and a brief description.

22         (b)  Proof of birth date satisfactory to the

23  department.

24         (c)  Proof of identity satisfactory to the department,

25  including one of the following: a certified copy of a United

26  States birth certificate, a valid United States passport, an

27  alien registration receipt card (green card), an employment

28  authorization card issued by the United States Department of

29  Justice, or proof of nonimmigrant classification provided by

30  the United States Department of Justice, for an original

31  license.


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  1         (d)  Whether the applicant has previously been licensed

  2  to drive, and, if so, when and by what state, and whether any

  3  such license or driving privilege has ever been disqualified,

  4  revoked, or suspended, or whether an application has ever been

  5  refused, and, if so, the date of and reason for such

  6  disqualification, suspension, revocation, or refusal. Each

  7  such application shall reflect the full name (first, middle or

  8  maiden, and last), proof of identity satisfactory to the

  9  department, proof of birth date satisfactory to the

10  department, sex, social security number, and residence and

11  mailing address of the applicant, and briefly describe the

12  applicant, and shall state whether the applicant has

13  previously been licensed to drive, and if so, when and by what

14  state, and whether any such license or driving privilege has

15  ever been disqualified, revoked, or suspended, or whether an

16  application has ever been refused, and if so, the date of and

17  reason for such disqualification, suspension, revocation, or

18  refusal.

19         Section 75.  Paragraph (b) of subsection (1) of section

20  322.09, Florida Statutes, is amended to read:

21         322.09  Application of minors.--

22         (1)

23         (b)  There shall be submitted with each application a

24  certified copy of a United States birth certificate, a valid

25  United States passport, an alien registration receipt card

26  (green card), an employment authorization card issued by the

27  United States Department of Justice, or proof of nonimmigrant

28  classification provided by the United States Department of

29  Justice, for an original license the birth certificate of the

30  applicant.  If the applicant is unable to furnish such

31  certified copy, a certificate from the public school


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  1  authorities as to the age of the applicant upon entering

  2  school as required by s. 232.03, or the school authorities of

  3  the state where applicant enrolled in school, shall be

  4  submitted.  Upon inability of applicant to establish a birth

  5  date as above provided, then the same may be established in

  6  the order of preference as provided by s. 232.03.  However,

  7  uncertified copies of such documents shall not be accepted.

  8         Section 76.  Effective October 1, 1999, subsection (1)

  9  of section 627.743, Florida Statutes, is amended and

10  subsection (2) is added to said section to read:

11         627.743  Payment of third-party claims.--

12         (1)  Before making any payment on a claim for damage to

13  an automobile for a total loss, regardless of amount, which

14  automobile is owned by a person who is not named as an insured

15  in the policy under which payment is made, the insurer shall

16  first cause a search of the records of the Department of

17  Highway Safety and Motor Vehicles to be made in order to

18  determine whether the damaged vehicle is subject to any liens.

19  If the search discloses the existence of any liens, payment of

20  the claim shall be made jointly to the owner of the damaged

21  vehicle and the first lienholder of record.  The insurer shall

22  not be subject to the requirements of this section if the

23  owner of the damaged vehicle presents to the insurer a title

24  certificate for such vehicle.

25         (2)  When making any payment on a third party claim for

26  damage to an automobile for a partial loss, the insurer shall

27  have printed on the loss estimate, if prepared by the insurer,

28  the following:  "Failure to use the insurance proceeds in

29  accordance with the security agreement, if any, could be a

30  violation of s. 812.014, Florida Statutes.  If you have any

31  questions, contact your lending institution."  However, this


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  1  subsection does not apply if the insurer does not prepare the

  2  loss estimate.

  3         Section 77.  Highway 326 from I-75 east to Highway

  4  441/301/27 shall hereby be known as the Mike Stavola Highway.

  5  The Department of Transportation shall erect suitable markers

  6  acknowledging the above.

  7         Section 78.  Effective June 1, 2000, subsection (6) is

  8  added to section 318.1451, Florida Statutes, to read:

  9         318.1451  Driver improvement schools.--

10         (6)(a)  No governmental entity or court shall provide,

11  issue, or maintain any information or orders regarding driver

12  improvement schools or course providers, with the exception of

13  directing inquiries or requests to the local telephone

14  directory heading of driving instruction or the traffic school

15  reference guide. However, the department is authorized to

16  maintain the information and records necessary to administer

17  its duties and responsibilities for driver improvement

18  courses. Where such information is a public record as defined

19  in chapter 119, it shall be made available to the public upon

20  request pursuant to s. 119.07(1).

21         (b)  The department shall prepare for any governmental

22  entity to distribute a traffic school reference guide which

23  shall list the benefits of attending a driver improvement

24  school, but under no circumstance may any list of course

25  providers or schools be included, and shall refer further

26  inquiries to the telephone directory under driving

27  instruction.

28         Section 79.  Paragraph (c) of subsection (2) of section

29  812.014, Florida Statutes, is amended to read:

30         812.014  Theft.--

31         (2)


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  1         (c)  It is grand theft of the third degree and a felony

  2  of the third degree, punishable as provided in s. 775.082, s.

  3  775.083, or s. 775.084, if the property stolen is:

  4         1.  Valued at $300 or more, but less than $5,000.

  5         2.  Valued at $5,000 or more, but less than $10,000.

  6         3.  Valued at $10,000 or more, but less than $20,000.

  7         4.  A will, codicil, or other testamentary instrument.

  8         5.  A firearm.

  9         6.  A motor vehicle, except as provided in subparagraph

10  (2)(a).

11         7.  Any commercially farmed animal, including any

12  animal of the equine, bovine, or swine class, or other grazing

13  animal, and including aquaculture species raised at a

14  certified aquaculture facility.  If the property stolen is

15  aquaculture species raised at a certified aquaculture

16  facility, then a $10,000 fine shall be imposed.

17         8.  Any fire extinguisher.

18         9.  Any amount of citrus fruit consisting of 2,000 or

19  more individual pieces of fruit.

20         10.  Taken from a designated construction site

21  identified by the posting of a sign as provided for in s.

22  810.09(2)(d).

23         11.  Any stop sign.

24         Section 80.  Subsection (69) of section 316.003,

25  Florida Statutes, 1998 Supplement, is reenacted to read:

26         316.003  Definitions.--The following words and phrases,

27  when used in this chapter, shall have the meanings

28  respectively ascribed to them in this section, except where

29  the context otherwise requires:

30         (69)  HAZARDOUS MATERIAL.--Any substance or material

31  which has been determined by the secretary of the United


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  1  States Department of Transportation to be capable of imposing

  2  an unreasonable risk to health, safety, and property.  This

  3  term includes hazardous waste as defined in s. 403.703(21).

  4         Section 81.  Paragraph (k) of subsection (1) and

  5  subsection (6) of section 316.008, Florida Statutes, are

  6  amended to read:

  7         316.008  Powers of local authorities.--

  8         (1)  The provisions of this chapter shall not be deemed

  9  to prevent local authorities, with respect to streets and

10  highways under their jurisdiction and within the reasonable

11  exercise of the police power, from:

12         (k)  Requiring written crash accident reports.

13         (6)  A county or municipality may enact an ordinance

14  providing for the establishment of a "combat automobile theft"

15  program, and may charge a fee for the administration of the

16  program and the cost of the decal. Such a program shall

17  include:

18         (a)  Consent forms for motor vehicle owners who wish to

19  enroll their vehicles.

20         (b)  Decals indicating a vehicle's enrollment in the

21  "combat automobile theft" program.  The Department of Law

22  Enforcement shall, no later than October 1, 1993, approve the

23  color, design, and other specifications of the program decal.

24         (c)  A consent form signed by a motor vehicle owner

25  provides authorization for a law enforcement officer to stop

26  the vehicle when it is being driven between the hours of 1

27  a.m. and 5 a.m., provided that a decal is conspicuously

28  affixed to the bottom left corner of the back window of the

29  vehicle to provide notice of its enrollment in the "combat

30  automobile theft" program.  The owner of the motor vehicle is

31  responsible for removing the decal when terminating


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  1  participation in the program, or when selling or otherwise

  2  transferring ownership of the vehicle.  No civil liabilities

  3  will arise from the actions of a law enforcement officer when

  4  stopping a vehicle with a yellow decal evidencing enrollment

  5  in the program when the driver is not enrolled in the program

  6  provided that the stop is made in accordance with the

  7  requirements of the "combat automobile theft" program.

  8         Section 82.  Section 316.027, Florida Statutes, is

  9  amended to read:

10         316.027  Crash Accidents involving death or personal

11  injuries.--

12         (1)(a)  The driver of any vehicle involved in a crash

13  an accident resulting in injury of any person must immediately

14  stop the vehicle at the scene of the crash accident, or as

15  close thereto as possible, and must remain at the scene of the

16  crash accident until he or she has fulfilled the requirements

17  of s. 316.062. Any person who willfully violates this

18  paragraph is guilty of a felony of the third degree,

19  punishable as provided in s. 775.082, s. 775.083, or s.

20  775.084.

21         (b)  The driver of any vehicle involved in a crash an

22  accident resulting in the death of any person must immediately

23  stop the vehicle at the scene of the crash accident, or as

24  close thereto as possible, and must remain at the scene of the

25  crash accident until he or she has fulfilled the requirements

26  of s. 316.062.  Any person who willfully violates this

27  paragraph is guilty of a felony of the second degree,

28  punishable as provided in s. 775.082, s. 775.083, or s.

29  775.084.

30         (2)  The department shall revoke the driver's license

31  of the person so convicted.


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  1         (3)  Every stop must be made without obstructing

  2  traffic more than is necessary, and, if a damaged vehicle is

  3  obstructing traffic, the driver of the vehicle must make every

  4  reasonable effort to move the vehicle or have it moved so as

  5  not to obstruct the regular flow of traffic.  Any person who

  6  fails to comply with this subsection shall be cited for a

  7  nonmoving violation, punishable as provided in chapter 318.

  8         (4)  A person whose commission of a noncriminal traffic

  9  infraction or any violation of this chapter or s. 240.265

10  causes or results in the death of another person may, in

11  addition to any other civil, criminal, or administrative

12  penalty imposed, be required by the court to serve 120

13  community service hours in a trauma center or hospital that

14  regularly receives victims of vehicle accidents, under the

15  supervision of a registered nurse, an emergency room

16  physician, or an emergency medical technician pursuant to a

17  voluntary community service program operated by the trauma

18  center or hospital.

19         Section 83.  Section 316.061, Florida Statutes, is

20  amended to read:

21         316.061  Crashes Accidents involving damage to vehicle

22  or property.--

23         (1)  The driver of any vehicle involved in a crash an

24  accident resulting only in damage to a vehicle or other

25  property which is driven or attended by any person shall

26  immediately stop such vehicle at the scene of such crash

27  accident or as close thereto as possible, and shall forthwith

28  return to, and in every event shall remain at, the scene of

29  the crash accident until he or she has fulfilled the

30  requirements of s. 316.062. A person who violates this

31  subsection commits a misdemeanor of the second degree,


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  1  punishable as provided in s. 775.082 or s. 775.083. Any person

  2  failing to stop or comply with said requirements shall, upon

  3  conviction, be punished by a fine of not more than $500 or by

  4  imprisonment for not more than 60 days or by both such fine

  5  and imprisonment. Notwithstanding any other provision of this

  6  section, $5 shall be added to a fine imposed pursuant to this

  7  section, which $5 shall be deposited in the Emergency Medical

  8  Services Trust Fund.

  9         (2)  Every stop must be made without obstructing

10  traffic more than is necessary, and, if a damaged vehicle is

11  obstructing traffic, the driver of such vehicle must make

12  every reasonable effort to move the vehicle or have it moved

13  so as not to block the regular flow of traffic.  Any person

14  failing to comply with this subsection shall be cited for a

15  nonmoving violation, punishable as provided in chapter 318.

16         Section 84.  Section 316.062, Florida Statutes, is

17  amended to read:

18         316.062  Duty to give information and render aid.--

19         (1)  The driver of any vehicle involved in a crash an

20  accident resulting in injury to or death of any person or

21  damage to any vehicle or other property which is driven or

22  attended by any person shall give his or her name, address,

23  and the registration number of the vehicle he or she is

24  driving, and shall upon request and if available exhibit his

25  or her license or permit to drive, to any person injured in

26  such crash accident or to the driver or occupant of or person

27  attending any vehicle or other property damaged in the crash

28  accident and shall give such information and, upon request,

29  exhibit such license or permit to any police officer at the

30  scene of the crash accident or who is investigating the crash

31  accident and shall render to any person injured in the crash


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  1  accident reasonable assistance, including the carrying, or the

  2  making of arrangements for the carrying, of such person to a

  3  physician, surgeon, or hospital for medical or surgical

  4  treatment if it is apparent that treatment is necessary, or if

  5  such carrying is requested by the injured person.

  6         (2)  In the event none of the persons specified are in

  7  condition to receive the information to which they otherwise

  8  would be entitled under subsection (1), and no police officer

  9  is present, the driver of any vehicle involved in such crash

10  accident, after fulfilling all other requirements of s.

11  316.027 and subsection (1), insofar as possible on his or her

12  part to be performed, shall forthwith report the crash

13  accident to the nearest office of a duly authorized police

14  authority and submit thereto the information specified in

15  subsection (1).

16         (3)  The statutory duty of a person to make a report or

17  give information to a law enforcement officer making a written

18  report relating to a crash an accident shall not be construed

19  as extending to information which would violate the privilege

20  of such person against self-incrimination.

21         (4)  A violation of this section is a noncriminal

22  traffic infraction, punishable as a nonmoving violation as

23  provided in chapter 318.

24         Section 85.  Section 316.063, Florida Statutes, is

25  amended to read:

26         316.063  Duty upon damaging unattended vehicle or other

27  property.--

28         (1)  The driver of any vehicle which collides with, or

29  is involved in a crash an accident with, any vehicle or other

30  property which is unattended, resulting in any damage to such

31  other vehicle or property, shall immediately stop and shall


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  1  then and there either locate and notify the operator or owner

  2  of the vehicle or other property of the driver's name and

  3  address and the registration number of the vehicle he or she

  4  is driving, or shall attach securely in a conspicuous place in

  5  or on the vehicle or other property a written notice giving

  6  the driver's name and address and the registration number of

  7  the vehicle he or she is driving, and shall without

  8  unnecessary delay notify the nearest office of a duly

  9  authorized police authority.  Every such stop shall be made

10  without obstructing traffic more than is necessary. If a

11  damaged vehicle is obstructing traffic, the driver shall make

12  every reasonable effort to move the vehicle or have it moved

13  so as not to obstruct the regular flow of traffic. Any person

14  who fails to comply with this subsection commits a misdemeanor

15  of the second degree, punishable as provided in s. 775.082 or

16  s. 775.083.

17         (2)  The law enforcement officer at the scene of a

18  crash an accident required to be reported in accordance with

19  the provisions of subsection (1) or the law enforcement

20  officer receiving a report by a driver as required by

21  subsection (1) shall, if part or any of the property damaged

22  is a fence or other structure used to house or contain

23  livestock, promptly make a reasonable effort to notify the

24  owner, occupant, or agent of this damage.

25         Section 86.  Section 316.064, Florida Statutes, is

26  amended to read:

27         316.064  When driver unable to report.--

28         (1)  A crash An accident report is not required under

29  this chapter from any person who is physically incapable of

30  making a report during the period of such incapacity.

31


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  1         (2)  Whenever the driver of a vehicle is physically

  2  incapable of making an immediate or a written report of a

  3  crash an accident, as required in ss. 316.065 and 316.066, and

  4  there was another occupant in the vehicle at the time of the

  5  crash accident capable of making a report, such occupant shall

  6  make or cause to be made the report not made by the driver.

  7         (3)  Whenever the driver is physically incapable of

  8  making a written report of a crash an accident as required in

  9  this chapter, then the owner of the vehicle involved in the

10  crash accident shall, within 10 days after the crash accident,

11  make such report not made by the driver.

12         (4)  A violation of this section is a noncriminal

13  traffic infraction, punishable as a nonmoving violation as

14  provided in chapter 318.

15         Section 87.  Section 316.065, Florida Statutes, is

16  amended to read:

17         316.065  Crashes Accidents; reports; penalties.--

18         (1)  The driver of a vehicle involved in a crash an

19  accident resulting in injury to or death of any persons or

20  damage to any vehicle or other property in an apparent amount

21  of at least $500 shall immediately by the quickest means of

22  communication give notice of the crash accident to the local

23  police department, if such crash accident occurs within a

24  municipality; otherwise, to the office of the county sheriff

25  or the nearest office or station of the Florida Highway

26  Patrol. A violation of this subsection is a noncriminal

27  traffic infraction, punishable as a nonmoving violation as

28  provided in chapter 318.

29         (2)  Every coroner or other official performing like

30  functions, upon learning of the death of a person in his or

31  her jurisdiction as the result of a traffic crash accident,


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  1  shall immediately notify the nearest office or station of the

  2  department.

  3         (3)  Any person in charge of any garage or repair shop

  4  to which is brought any motor vehicle which shows evidence of

  5  having been struck by a bullet, or any other person to whom is

  6  brought for the purpose of repair a motor vehicle showing such

  7  evidence, shall make a report, or cause a report to be made,

  8  to the nearest local police station or Florida Highway Patrol

  9  office within 24 hours after the motor vehicle is received and

10  before any repairs are made to the vehicle.  The report shall

11  contain the year, license number, make, model, and color of

12  the vehicle and the name and address of the owner or person in

13  possession of the vehicle.

14         (4)  Any person who knowingly repairs a motor vehicle

15  without having made a report as required by subsection (3) is

16  guilty of a misdemeanor of the first degree, punishable as

17  provided in s. 775.082 or s. 775.083. The owner and driver of

18  a vehicle involved in a crash an accident who makes a report

19  thereof in accordance with subsection (1) or s. 316.066(1) is

20  not liable under this section.

21         Section 88.  Section 316.066, Florida Statutes, is

22  amended to read:

23         316.066  Written reports of crashes accidents.--

24         (1)  The driver of a vehicle which is in any manner

25  involved in a crash an accident resulting in bodily injury to

26  or death of any person or damage to any vehicle or other

27  property in an apparent amount of at least $500 shall, within

28  10 days after the crash accident, forward a written report of

29  such crash accident to the department or traffic records

30  center. However, when the investigating officer has made a

31  written report of the crash accident pursuant to paragraph


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  1  (3)(a), no written report need be forwarded to the department

  2  or traffic records center by the driver.

  3         (2)  The receiving entity may require any driver of a

  4  vehicle involved in a crash an accident of which a written

  5  report must be made as provided in this section to file

  6  supplemental written reports whenever the original report is

  7  insufficient in the opinion of the department and may require

  8  witnesses of crashes accidents to render reports to the

  9  department.

10         (3)(a)  Every law enforcement officer who in the

11  regular course of duty investigates a motor vehicle crash

12  accident:

13         1.  Which crash accident resulted in death or personal

14  injury shall, within 10 days after completing the

15  investigation, forward a written report of the crash accident

16  to the department or traffic records center.

17         2.  Which crash accident involved a violation of s.

18  316.061(1) or s. 316.193 shall, within 10 days after

19  completing the investigation, forward a written report of the

20  crash accident to the department or traffic records center.

21         3.  In which crash accident a vehicle was rendered

22  inoperative to a degree which required a wrecker to remove it

23  from traffic may, within 10 days after completing the

24  investigation, forward a written report of the crash accident

25  to the department or traffic records center if such action is

26  appropriate, in the officer's discretion.

27

28  However, in every case in which a crash an accident report is

29  required by this section and a written report to a law

30  enforcement officer is not prepared, the law enforcement

31  officer shall provide each party involved in the crash


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  1  accident a short-form report, prescribed by the state, to be

  2  completed by the party. The short-form report must include,

  3  but is not limited to: the date, time, and location of the

  4  crash accident; a description of the vehicles involved; the

  5  names and addresses of the parties involved; the names and

  6  addresses of witnesses; the name, badge number, and law

  7  enforcement agency of the officer investigating the crash

  8  accident; and the names of the insurance companies for the

  9  respective parties involved in the crash accident. Each party

10  to the crash accident shall provide the law enforcement

11  officer with proof of insurance to be included in the crash

12  accident report. If a law enforcement officer submits a report

13  on the accident, proof of insurance must be provided to the

14  officer by each party involved in the crash accident. Any

15  party who fails to provide the required information is guilty

16  of an infraction for a nonmoving violation, punishable as

17  provided in chapter 318 unless the officer determines that due

18  to injuries or other special circumstances such insurance

19  information cannot be provided immediately. If the person

20  provides the law enforcement agency, within 24 hours after the

21  crash accident, proof of insurance that was valid at the time

22  of the crash accident, the law enforcement agency may void the

23  citation.

24         (b)  One or more counties may enter into an agreement

25  with the appropriate state agency to be certified by the

26  agency to have a traffic records center for the purpose of

27  tabulating and analyzing countywide traffic crash accident

28  reports. The agreement must include:  certification by the

29  agency that the center has adequate auditing and monitoring

30  mechanisms in place to ensure the quality and accuracy of the

31  data; the time period in which the traffic records center must


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  1  report crash accident data to the agency; and the medium in

  2  which the traffic records must be submitted to the agency. In

  3  the case of a county or multicounty area that has a certified

  4  central traffic records center, a law enforcement agency or

  5  driver must submit to the center within the time limit

  6  prescribed in this section a written report of the crash

  7  accident. A driver who is required to file a crash an accident

  8  report must be notified of the proper place to submit the

  9  completed report. Fees for copies of public records provided

10  by a certified traffic records center shall be charged and

11  collected as follows:

12         For a crash an accident report.............$2 per copy.

13         For a homicide report.....................$25 per copy.

14         For a uniform traffic citation..........$0.50 per copy.

15

16  The fees collected for copies of the public records provided

17  by a certified traffic records center shall be used to fund

18  the center or otherwise as designated by the county or

19  counties participating in the center.

20         (c)  Crash Accident reports made by law enforcement

21  officers shall not be used for commercial solicitation

22  purposes; provided, however, the that use of a crash an

23  accident report for purposes of publication in a newspaper or

24  other news periodical or a radio or television broadcast shall

25  not be construed as "commercial purpose."

26         (4)  Except as specified in this subsection, each crash

27  accident report made by a person involved in a crash an

28  accident and any statement made by such person to a law

29  enforcement officer for the purpose of completing a crash an

30  accident report required by this section shall be without

31  prejudice to the individual so reporting. No such report or


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  1  statement shall be used as evidence in any trial, civil or

  2  criminal.  However, subject to the applicable rules of

  3  evidence, a law enforcement officer at a criminal trial may

  4  testify as to any statement made to the officer by the person

  5  involved in the crash accident if that person's privilege

  6  against self-incrimination is not violated.  The results of

  7  breath, urine, and blood tests administered as provided in s.

  8  316.1932 or s. 316.1933 are not confidential and shall be

  9  admissible into evidence in accordance with the provisions of

10  s. 316.1934(2). Crash Accident reports made by persons

11  involved in crashes accidents shall not be used for commercial

12  solicitation purposes; provided, however, the that use of a

13  crash an accident report for purposes of publication in a

14  newspaper or other news periodical or a radio or television

15  broadcast shall not be construed as "commercial purpose."

16         (5)  For purposes of this section, a written report

17  includes a report generated by a law enforcement agency

18  through the use of a computer.

19         (6)  Any driver failing to file the written report

20  required under subsection (1) or subsection (2) commits a

21  noncriminal traffic infraction, punishable as a nonmoving

22  violation as provided in chapter 318 is subject to the penalty

23  provided in s. 318.18(2).

24         Section 89.  Section 316.067, Florida Statutes, is

25  amended to read:

26         316.067  False reports.--Any person who gives

27  information in oral, electronic, or written reports as

28  required in this chapter, knowing or having reason to believe

29  that such information is false, commits a misdemeanor of the

30  second degree, punishable as provided in s. 775.082 or s.

31  775.083 shall be punished by a fine of not more than $500 or


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  1  by imprisonment for not more than 60 days or by both such fine

  2  and imprisonment.

  3         Section 90.  Section 316.068, Florida Statutes, is

  4  amended to read:

  5         316.068  Crash Accident report forms.--

  6         (1)  The department shall prepare and, upon request,

  7  supply to police departments, sheriffs, and other appropriate

  8  agencies or individuals forms for crash accident reports as

  9  required in this chapter, suitable with respect to the persons

10  required to make such reports and the purposes to be served.

11  The form must call for sufficiently detailed information to

12  disclose, with reference to a vehicle crash accident, the

13  cause and conditions then existing and the persons and

14  vehicles involved. Every crash accident report form must call

15  for the policy numbers of liability insurance and the names of

16  carriers covering any vehicle involved in a crash an accident

17  required to be reported by this chapter.

18         (2)  Every crash accident report required to be made in

19  writing must be made on the appropriate form approved by the

20  department and must contain all the information required

21  therein unless not available. Notwithstanding any other

22  provisions of this section, a crash an accident report

23  produced electronically by a law enforcement officer must, at

24  a minimum, contain the same information as is called for on

25  those forms approved by the department.

26         Section 91.  Section 316.069, Florida Statutes, is

27  amended to read:

28         316.069  State to tabulate and analyze crash accident

29  reports.--The state shall tabulate and may analyze all crash

30  accident reports and shall publish, annually, or at more

31  frequent intervals, statistical information based thereon as


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  1  to the number and circumstances of traffic crashes accidents.

  2  The state shall maintain separate statistics on the number and

  3  location of crashes accidents involving tandem trailer trucks.

  4         Section 92.  Section 316.070, Florida Statutes, is

  5  amended to read:

  6         316.070  Exchange of information at scene of crash

  7  accident.--The law enforcement officer at the scene of a crash

  8  an accident required to be reported in accordance with the

  9  provisions of s. 316.066 shall instruct the driver of each

10  vehicle involved in the crash accident to report the following

11  to all other parties suffering injury or property damage as an

12  apparent result of the crash accident:

13         (1)  The name and address of the owner and the driver

14  of the vehicle.

15         (2)  The license number of the vehicle.

16         (3)  The name of the liability carrier for the vehicle.

17         Section 93.  Subsections (2) and (3) of section

18  316.072, Florida Statutes, are amended to read:

19         316.072  Obedience to and effect of traffic laws.--

20         (2)  REQUIRED OBEDIENCE TO TRAFFIC LAWS.--It is

21  unlawful for any person to do any act forbidden, or to fail to

22  perform any act required, in this chapter.  It is unlawful for

23  the owner, or any other person employing or otherwise

24  directing the driver of any vehicle, to require or knowingly

25  permit the operation of such vehicle upon a highway in any

26  manner contrary to law. A violation of this subsection is a

27  noncriminal traffic infraction, punishable as a moving

28  violation as provided in chapter 318.

29         (3)  OBEDIENCE TO POLICE AND FIRE DEPARTMENT

30  OFFICIALS.--It is unlawful and a misdemeanor of the second

31  degree, punishable as provided in s. 775.082 or s. 775.083,


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  1  for any person willfully to fail or refuse to comply with any

  2  lawful order or direction of any law enforcement officer,

  3  traffic crash accident investigation officer as described in

  4  s. 316.640, traffic infraction enforcement officer as

  5  described in s. 316.640 318.141, or member of the fire

  6  department at the scene of a fire, rescue operation, or other

  7  emergency. Notwithstanding the provisions of this subsection,

  8  certified emergency medical technicians or paramedics may

  9  respond to the scene of emergencies and may provide emergency

10  medical treatment on the scene and provide transport of

11  patients in the performance of their duties for an emergency

12  medical services provider licensed under chapter 401 and in

13  accordance with any local emergency medical response

14  protocols.

15         Section 94.  Subsection (6) is added to section

16  316.074, Florida Statutes, to read:

17         316.074  Obedience to and required traffic control

18  devices.--

19         (6)  A violation of this section is a noncriminal

20  traffic infraction, punishable as a moving violation as

21  provided in chapter 318.

22         Section 95.  Subsections (2) and (3) of section

23  316.0745, Florida Statutes, are amended to read:

24         316.0745  Uniform signals and devices.--

25         (2)  The Department of Transportation shall compile and

26  publish a manual of uniform traffic control devices which

27  defines the uniform system adopted pursuant to subsection (1),

28  and shall compile and publish minimum specifications for

29  traffic control signals and devices certified by it as

30  conforming with the uniform system.

31


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  1         (a)  The department shall make copies of such manual

  2  and specifications available to all counties, municipalities,

  3  and other public bodies having jurisdiction of streets or

  4  highways open to the public in this state.

  5         (b)  The manual shall provide for the use of regulatory

  6  speed signs in work zone areas. The installation of such signs

  7  is exempt from the provisions of s. 335.10.

  8         (3)  All official traffic control signals or official

  9  traffic control devices purchased and installed in this state

10  by any public body or official shall conform with the manual

11  and specifications published by the Department of

12  Transportation pursuant to subsection (2). All traffic control

13  devices other than traffic control signals purchased prior to

14  July 1, 1972, not conforming to said system may continue in

15  use until January 1, 1975, after which time such devices must

16  comply with the uniform system.  All traffic control signals

17  purchased prior to January 1, 1972, not conforming to said

18  system may continue in use until January 1, 1980, after which

19  time such signals must comply with the uniform system.

20         Section 96.  Section 316.0747, Florida Statutes, is

21  amended to read:

22         316.0747  Sale or purchase of traffic control devices

23  by nongovernmental entities; prohibitions.--

24         (1)  It is unlawful for any nongovernmental entity to

25  use any traffic control device at any place where the general

26  public is invited, unless such device conforms to the uniform

27  system of traffic control devices adopted by the Department of

28  Transportation pursuant to this chapter.

29         (2)  Any nonconforming traffic control device in use by

30  a nongovernmental entity prior to January 1, 1980, may be used

31  for the remainder of its useful life, but no longer than


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  1  January 1, 1992, after which any replacement device shall

  2  conform to the uniform system of traffic control devices

  3  adopted by the Department of Transportation.

  4         (2)(3)  Nongovernmental entities to which the general

  5  public is invited to travel shall install and maintain uniform

  6  traffic control devices at appropriate locations pursuant to

  7  the standards set forth by the Manual on Uniform Traffic

  8  Control Devices as adopted by the Department of Transportation

  9  pursuant to s. 316.0745.  Such traffic control devices shall

10  be installed no later than January 1, 1992.  Businesses the

11  parking lots of which do not provide intersecting lanes of

12  traffic and businesses having fewer than 25 parking spaces are

13  exempt from the provisions of this subsection.  The Department

14  of Transportation shall adopt rules to implement this section.

15         (3)(4)  A person who violates this section commits a

16  misdemeanor of the second degree, punishable as provided in s.

17  775.082 or s. 775.083.

18         Section 97.  Section 316.075, Florida Statutes, is

19  amended to read:

20         316.075  Traffic control signal devices.--

21         (1)  Except for automatic warning signal lights

22  installed or to be installed at railroad crossings, whenever

23  traffic, including municipal traffic, is controlled by traffic

24  control signals exhibiting different colored lights, or

25  colored lighted arrows, successively one at a time or in

26  combination, only the colors green, red, and yellow shall be

27  used, except for special pedestrian signals carrying a word

28  legend, and the lights shall indicate and apply to drivers of

29  vehicles and pedestrians as follows:

30         (a)(1)  Green indication.--

31


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  1         1.(a)  Vehicular traffic facing a circular green signal

  2  may proceed cautiously straight through or turn right or left

  3  unless a sign at such place prohibits either such turn.  But

  4  vehicular traffic, including vehicles turning right or left,

  5  shall yield the right-of-way to other vehicles and to

  6  pedestrians lawfully within the intersection or an adjacent

  7  crosswalk at the time such signal is exhibited.

  8         2.(b)  Vehicular traffic facing a green arrow signal,

  9  shown alone or in combination with another indication, as

10  directed by the manual, may cautiously enter the intersection

11  only to make the movement indicated by such arrow, or such

12  other movement as is permitted by other indications shown at

13  the same time, except the driver of any vehicle may U-turn, so

14  as to proceed in the opposite direction unless such movement

15  is prohibited by posted traffic control signs.  Such vehicular

16  traffic shall yield the right-of-way to pedestrians lawfully

17  within an adjacent crosswalk and to other traffic lawfully

18  using the intersection.

19         3.(c)  Unless otherwise directed by a pedestrian

20  control signal as provided in s. 316.0755, pedestrians facing

21  any green signal, except when the sole green signal is a turn

22  arrow, may proceed across the roadway within any marked or

23  unmarked crosswalk.

24         (b)(2)  Steady yellow indication.--

25         1.(a)  Vehicular traffic facing a steady yellow signal

26  is thereby warned that the related green movement is being

27  terminated or that a red indication will be exhibited

28  immediately thereafter when vehicular traffic shall not enter

29  the intersection.

30         2.(b)  Pedestrians facing a steady yellow signal,

31  unless otherwise directed by a pedestrian control signal as


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  1  provided in s. 316.0755, are thereby advised that there is

  2  insufficient time to cross the roadway before a red indication

  3  is shown and no pedestrian shall start to cross the roadway.

  4         (c)(3)  Steady red indication.--

  5         1.(a)  Vehicular traffic facing a steady red signal

  6  shall stop before entering the crosswalk on the near side of

  7  the intersection or, if none, then before entering the

  8  intersection and shall remain standing until a green

  9  indication is shown; however:

10         a.1.  The driver of a vehicle which is stopped at a

11  clearly marked stop line, but if none, before entering the

12  crosswalk on the near side of the intersection, or, if none

13  then at the point nearest the intersecting roadway where the

14  driver has a view of approaching traffic on the intersecting

15  roadway before entering the intersection in obedience to a

16  steady red signal may make a right turn, but shall yield the

17  right-of-way to pedestrians and other traffic proceeding as

18  directed by the signal at the intersection, except that

19  municipal and county authorities may prohibit any such right

20  turn against a steady red signal at any intersection, which

21  prohibition shall be effective when a sign giving notice

22  thereof is erected in a location visible to traffic

23  approaching the intersection.

24         b.2.  The driver of a vehicle on a one-way street that

25  intersects another one-way street on which traffic moves to

26  the left shall stop in obedience to a steady red signal, but

27  may then make a left turn into the one-way street, but shall

28  yield the right-of-way to pedestrians and other traffic

29  proceeding as directed by the signal at the intersection,

30  except that municipal and county authorities may prohibit any

31  such left turn as described, which prohibition shall be


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  1  effective when a sign giving notice thereof is attached to the

  2  traffic control signal device at the intersection.

  3         2.(b)  Unless otherwise directed by a pedestrian

  4  control signal as provided in s. 316.0755, pedestrians facing

  5  a steady red signal shall not enter the roadway.

  6         (2)(4)  In the event an official traffic control signal

  7  is erected and maintained at a place other than an

  8  intersection, the provisions of this section shall be

  9  applicable except as to those provisions which by their nature

10  can have no application.  Any stop required shall be made at a

11  sign or marking on the pavement indicating where the stop

12  shall be made, but in the absence of any such sign or marking

13  the stop shall be made at the signal.

14         (3)(5)(a)  No traffic control signal device shall be

15  used which does not exhibit a yellow or "caution" light

16  between the green or "go" signal and the red or "stop" signal.

17         (b)  No traffic control signal device shall display

18  other than the color red at the top of the vertical signal,

19  nor shall it display other than the color red at the extreme

20  left of the horizontal signal.

21         (4)  A violation of this section is a noncriminal

22  traffic infraction, punishable pursuant to chapter 318 as

23  either a pedestrian violation or, if the infraction resulted

24  from the operation of a vehicle, as a moving violation.

25         Section 98.  Section 316.076, Florida Statutes, is

26  amended to read:

27         316.076  Flashing signals.--

28         (1)  Whenever an illuminated flashing red or yellow

29  signal is used in a traffic sign or signal it shall require

30  obedience by vehicular traffic as follows:

31


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  1         (a)(1)  Flashing red (stop signal).--When a red lens is

  2  illuminated with rapid intermittent flashes, drivers of

  3  vehicles shall stop at a clearly marked stop line, but if

  4  none, before entering the crosswalk on the near side of the

  5  intersection, or if none, then at the point nearest the

  6  intersecting roadway where the driver has a view of

  7  approaching traffic on the intersecting roadway before

  8  entering the intersection, and the right to proceed shall be

  9  subject to the rules applicable after making a stop at a stop

10  sign.

11         (b)(2)  Flashing yellow (caution signal).--When a

12  yellow lens is illuminated with rapid intermittent flashes,

13  drivers of vehicles may proceed through the intersection or

14  past such signal only with caution.

15         (2)(3)  This section does not apply at railroad-highway

16  grade crossings.  Conduct of drivers of vehicles approaching

17  such crossings shall be governed by the rules as set forth in

18  ss. 316.1575 and 316.159.

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 99.  Section 316.0765, Florida Statutes, is

23  amended to read:

24         316.0765  Lane direction control signals.--When lane

25  direction control signals are placed over the individual lanes

26  of a street or highway, vehicular traffic may travel in any

27  lane or lanes over which a green signal is shown, but shall

28  not enter or travel in any lane or lanes over which a red

29  signal is shown. A violation of this section is a noncriminal

30  traffic infraction, punishable as a moving violation as

31  provided in chapter 318.


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  1         Section 100.  Subsection (5) is added to section

  2  316.077, Florida Statutes, to read:

  3         316.077  Display of unauthorized signs, signals or

  4  markings.--

  5         (5)  A violation of this section is a noncriminal

  6  traffic infraction, punishable as a nonmoving violation as

  7  provided in chapter 318.

  8         Section 101.  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.--No person shall,

12  without lawful authority, attempt to or in fact alter, deface,

13  injure, knock down or remove any official traffic control

14  device or any railroad sign or signal or any inscription,

15  shield or insignia thereon, or any other part thereof. A

16  violation of this section is a noncriminal traffic infraction,

17  punishable as a nonmoving violation as provided in chapter

18  318.

19         Section 102.  Section 316.078, Florida Statutes, is

20  amended to read:

21         316.078  Detour signs to be respected.--

22         (1)  It is unlawful to tear down or deface any detour

23  sign or to break down or drive around any barricade erected

24  for the purpose of closing any section of a public street or

25  highway to traffic during the construction or repair thereof

26  or to drive over such section of public street or highway

27  until again thrown open to public traffic.  However, such

28  restriction shall not apply to the person in charge of the

29  construction or repairs.

30         (2)  A violation of this section is a noncriminal

31  traffic infraction, punishable pursuant to chapter 318 as:


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  1         (a)  A nonmoving violation for tearing, breaking down,

  2  or defacing any detour sign.

  3         (b)  A moving violation for driving around any

  4  barricade erected for the purpose of closing any section of a

  5  public street or highway to traffic that is under construction

  6  or repair or driving over such section of public street or

  7  highway until open to public traffic.

  8         Section 103.  Subsection (3) is added to section

  9  316.079, Florida Statutes, to read:

10         316.079  Duty to yield to highway construction

11  workers.--

12         (3)  A violation of this section is a noncriminal

13  traffic infraction, punishable as a moving violation as

14  provided in chapter 318.

15         Section 104.  Subsection (4) is added to section

16  316.081, Florida Statutes, to read:

17         316.081  Driving on right side of roadway;

18  exceptions.--

19         (4)  A violation of this section is a noncriminal

20  traffic infraction, punishable as a moving violation as

21  provided in chapter 318.

22         Section 105.  Subsection (3) is added to section

23  316.082, Florida Statutes, to read:

24         316.082  Passing vehicles proceeding in opposite

25  directions.--

26         (3)  A violation of this section is a noncriminal

27  traffic infraction, punishable as a moving violation as

28  provided in chapter 318.

29         Section 106.  Section 316.0825, Florida Statutes, is

30  amended to read:

31


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  1         316.0825  Vehicle approaching an animal.--Every person

  2  operating a motor vehicle shall use reasonable care when

  3  approaching or passing a person who is riding or leading an

  4  animal upon a roadway or the shoulder thereof, and shall not

  5  intentionally startle or injure such an animal. A violation of

  6  this section is a noncriminal traffic infraction, punishable

  7  as a moving violation as provided in chapter 318.

  8         Section 107.  Subsection (3) is added to section

  9  316.083, Florida Statutes, to read:

10         316.083  Overtaking and passing a vehicle.--The

11  following rules shall govern the overtaking and passing of

12  vehicles proceeding in the same direction, subject to those

13  limitations, exceptions, and special rules hereinafter stated:

14         (3)  A violation of this section is a noncriminal

15  traffic infraction, punishable as a moving violation as

16  provided in chapter 318.

17         Section 108.  Subsection (3) is added to section

18  316.084, Florida Statutes, to read:

19         316.084  When overtaking on the right is permitted.--

20         (3)  A violation of this section is a noncriminal

21  traffic infraction, punishable as a moving violation as

22  provided in chapter 318.

23         Section 109.  Subsection (3) is added to section

24  316.085, Florida Statutes, to read:

25         316.085  Limitations on overtaking, passing, changing

26  lanes and changing course.--

27         (3)  A violation of this section is a noncriminal

28  traffic infraction, punishable as a moving violation as

29  provided in chapter 318.

30         Section 110.  Subsection (3) is added to section

31  316.087, Florida Statutes, to read:


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  1         316.087  Further limitations on driving to left of

  2  center of roadway.--

  3         (3)  A violation of this section is a noncriminal

  4  traffic infraction, punishable as a moving violation as

  5  provided in chapter 318.

  6         Section 111.  Subsection (4) is added to section

  7  316.0875, Florida Statutes, to read:

  8         316.0875  No-passing zones.--

  9         (4)  A violation of this section is a noncriminal

10  traffic infraction, punishable as a moving violation as

11  provided in chapter 318.

12         Section 112.  Subsection (4) is added to section

13  316.088, Florida Statutes, to read:

14         316.088  One-way roadways and rotary traffic islands.--

15         (4)  A violation of this section is a noncriminal

16  traffic infraction, punishable as a moving violation as

17  provided in chapter 318.

18         Section 113.  Subsection (5) is added to section

19  316.089, Florida Statutes, to read:

20         316.089  Driving on roadways laned for

21  traffic.--Whenever any roadway has been divided into two or

22  more clearly marked lanes for traffic, the following rules, in

23  addition to all others consistent herewith, shall apply:

24         (5)  A violation of this section is a noncriminal

25  traffic infraction, punishable as a moving violation as

26  provided in chapter 318.

27         Section 114.  Subsection (4) is added to section

28  316.0895, Florida Statutes, to read:

29         316.0895  Following too closely.--

30

31


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  1         (4)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a moving violation as

  3  provided in chapter 318.

  4         Section 115.  Subsection (3) is added to section

  5  316.090, Florida Statutes, to read:

  6         316.090  Driving on divided highways.--

  7         (3)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a moving violation as

  9  provided in chapter 318.

10         Section 116.  Subsection (5) is added to section

11  316.091, Florida Statutes, to read:

12         316.091  Limited access facilities; interstate

13  highways; use restricted.--

14         (5)  A violation of this section is a noncriminal

15  traffic infraction, punishable as a moving violation as

16  provided in chapter 318.

17         Section 117.  Subsection (6) is added to section

18  316.121, Florida Statutes, to read:

19         316.121  Vehicles approaching or entering

20  intersections.--

21         (6)  A violation of this section is a noncriminal

22  traffic infraction, punishable as a moving violation as

23  provided in chapter 318.

24         Section 118.  Section 316.122, Florida Statutes, is

25  amended to read:

26         316.122  Vehicle turning left.--The driver of a vehicle

27  intending to turn to the left within an intersection or into

28  an alley, private road, or driveway shall yield the

29  right-of-way to any vehicle approaching from the opposite

30  direction which is within the intersection or so close thereto

31  as to constitute an immediate hazard. A violation of this


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  1  section is a noncriminal traffic infraction, punishable as a

  2  moving violation as provided in chapter 318.

  3         Section 119.  Subsection (4) is added to section

  4  316.123, Florida Statutes, to read:

  5         316.123  Vehicle entering stop or yield intersection.--

  6         (4)  A violation of this section is a noncriminal

  7  traffic infraction, punishable as a moving violation as

  8  provided in chapter 318.

  9         Section 120.  Section 316.1235, Florida Statutes, is

10  amended to read:

11         316.1235  Vehicle approaching intersection in which

12  traffic lights are inoperative.--The driver of a vehicle

13  approaching an intersection in which the traffic lights are

14  inoperative shall stop in the manner indicated in s.

15  316.123(2) for approaching a stop intersection.  In the event

16  that only some of the traffic lights within an intersection

17  are inoperative, the driver of a vehicle approaching an

18  inoperative light shall stop in the above-prescribed manner. A

19  violation of this section is a noncriminal traffic infraction,

20  punishable as a moving violation as provided in chapter 318.

21         Section 121.  Subsection (3) is added to section

22  316.125, Florida Statutes, to read:

23         316.125  Vehicle entering highway from private road or

24  driveway or emerging from alley, driveway or building.--

25         (3)  A violation of this section is a noncriminal

26  traffic infraction, punishable as a moving violation as

27  provided in chapter 318.

28         Section 122.  Subsection (6) is added to section

29  316.126, Florida Statutes, to read:

30         316.126  Operation of vehicles and actions of

31  pedestrians on approach of authorized emergency vehicle.--


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  1         (6)  A violation of this section is a noncriminal

  2  traffic infraction, punishable pursuant to chapter 318 as

  3  either a moving violation for infractions of subsection (1) or

  4  subsection (3), or as a pedestrian violation for infractions

  5  of subsection (2).

  6         Section 123.  Subsection (19) is added to section

  7  316.130, Florida Statutes, to read:

  8         316.130  Pedestrian obedience to traffic control

  9  devices and traffic regulations.--

10         (19)  A violation of this section is a noncriminal

11  traffic infraction, punishable pursuant to chapter 318 as

12  either a pedestrian violation or, if the infraction resulted

13  from the operation of a vehicle, as a moving violation.

14         Section 124.  Section 316.1355, Florida Statutes, is

15  amended to read:

16         316.1355  Driving through safety zone prohibited.--No

17  vehicle shall at any time be driven through or within a safety

18  zone. A violation of this section is a noncriminal traffic

19  infraction, punishable as a moving violation as provided in

20  chapter 318.

21         Section 125.  Subsection (3) is added to section

22  316.151, Florida Statutes, to read:

23         316.151  Required position and method of turning at

24  intersections.--

25         (3)  A violation of this section is a noncriminal

26  traffic infraction, punishable as a moving violation as

27  provided in chapter 318.

28         Section 126.  Section 316.1515, Florida Statutes, is

29  amended to read:

30         316.1515  Limitations on turning around.--The driver of

31  any vehicle shall not turn the vehicle so as to proceed in the


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  1  opposite direction upon any street unless such movement can be

  2  made in safety and without interfering with other traffic and

  3  unless such movement is not prohibited by posted traffic

  4  control signs. A violation of this section is a noncriminal

  5  traffic infraction, punishable as a moving violation as

  6  provided in chapter 318.

  7         Section 127.  Section 316.152, Florida Statutes, is

  8  amended to read:

  9         316.152  Turning on curve or crest of grade

10  prohibited.--No vehicle shall be turned so as to proceed in

11  the opposite direction upon any curve, or upon the approach

12  to, or near, the crest of a grade, where such vehicle cannot

13  be seen by the driver of any other vehicle approaching from

14  either direction within 500 feet. A violation of this section

15  is a noncriminal traffic infraction, punishable as a moving

16  violation as provided in chapter 318.

17         Section 128.  Section 316.154, Florida Statutes, is

18  amended to read:

19         316.154  Starting parked vehicle.--No person shall

20  start a vehicle which is stopped, standing, or parked, unless

21  and until such movement can be made with reasonable safety. A

22  violation of this section is a noncriminal traffic infraction,

23  punishable as a moving violation as provided in chapter 318.

24         Section 129.  Subsection (5) is added to section

25  316.155, Florida Statutes, to read:

26         316.155  When signal required.--

27         (5)  A violation of this section is a noncriminal

28  traffic infraction, punishable as a moving violation as

29  provided in chapter 318.

30         Section 130.  Subsection (3) is added to section

31  316.156, Florida Statutes, to read:


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  1         316.156  Signals by hand and arm or signal lamps.--

  2         (3)  A violation of this section is a noncriminal

  3  traffic infraction, punishable pursuant to chapter 318 as

  4  either a moving violation for infractions of subsection (1) or

  5  as a nonmoving violation for infractions of subsection (2).

  6         Section 131.  Section 316.157, Florida Statutes, is

  7  amended to read:

  8         316.157  Method of giving hand and arm signals.--

  9         (1)  All signals herein required to be given by hand

10  and arm shall be given from the left side of the vehicle in

11  the following manner and such signals shall indicate as

12  follows:

13         (a)(1)  Left turn.--Hand and arm extended horizontally.

14         (b)(2)  Right turn.--Hand and arm extended upward,

15  except that a bicyclist may extend the right hand and arm

16  horizontally to the right side of the bicycle.

17         (c)(3)  Stop or decrease speed.--Hand and arm extended

18  downward.

19         (2)  A violation of this section is a noncriminal

20  traffic infraction, punishable as a moving violation as

21  provided in chapter 318.

22         Section 132.  Subsection (3) is added to section

23  316.1575, Florida Statutes, to read:

24         316.1575  Obedience to traffic control devices at

25  railroad-highway grade crossings.--

26         (3)  A violation of this section is a noncriminal

27  traffic infraction, punishable pursuant to chapter 318 as

28  either a pedestrian violation or, if the infraction resulted

29  from the operation of a vehicle, as a moving violation.

30         Section 133.  Subsection (3) is added to section

31  316.159, Florida Statutes, to read:


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  1         316.159  Certain vehicles to stop at all railroad grade

  2  crossings.--

  3         (3)  A violation of this section is a noncriminal

  4  traffic infraction, punishable as a moving violation as

  5  provided in chapter 318.

  6         Section 134.  Subsection (5) is added to section

  7  316.170, Florida Statutes, to read:

  8         316.170  Moving heavy equipment at railroad grade

  9  crossings.--

10         (5)  A violation of this section is a noncriminal

11  traffic infraction, punishable as a moving violation as

12  provided in chapter 318.

13         Section 135.  Subsection (7) is added to section

14  316.183, Florida Statutes, to read:

15         316.183  Unlawful speed.--

16         (7)  A violation of this section is a noncriminal

17  traffic infraction, punishable as a moving violation as

18  provided in chapter 318.

19         Section 136.  Section 316.185, Florida Statutes, is

20  amended to read:

21         316.185  Special hazards.--The fact that the speed of a

22  vehicle is lower than the prescribed limits shall not relieve

23  the driver from the duty to decrease speed when approaching

24  and crossing an intersection, when approaching and going

25  around a curve, when approaching a hill crest, when traveling

26  upon any narrow or winding roadway, or when special hazards

27  exist or may exist with respect to pedestrians or other

28  traffic or by reason of weather or other roadway conditions,

29  and speed shall be decreased as may be necessary to avoid

30  colliding with any person, vehicle, or other conveyance on or

31  entering the street in compliance with legal requirements and


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  1  the duty of all persons to use due care. A violation of this

  2  section is a noncriminal traffic infraction, punishable as a

  3  moving violation as provided in chapter 318.

  4         Section 137.  Subsection (4) of section 316.1895,

  5  Florida Statutes, is amended to read:

  6         316.1895  Establishment of school speed zones,

  7  enforcement; designation.--

  8         (4)  A school zone speed limit may not be less than 15

  9  miles per hour except by local regulation.  After July 1,

10  1992, No school zone speed limit shall be more than 20 miles

11  per hour in an urbanized area, as defined in s. 334.03.  Such

12  speed limit may be in force only during those times 30 minutes

13  before, during, and 30 minutes after the periods of time when

14  pupils are arriving at a regularly scheduled breakfast program

15  or a regularly scheduled school session and leaving a

16  regularly scheduled school session.

17         Section 138.  Subsection (5) is added to section

18  316.191, Florida Statutes, to read:

19         316.191  Racing on highways.--

20         (5)  A violation of this section is a noncriminal

21  traffic infraction, punishable pursuant to chapter 318 as

22  either a pedestrian violation or, if the infraction resulted

23  from the operation of a vehicle, as a moving violation.

24         Section 139.  Paragraph (c) of subsection (3) and

25  subsection (5) of section 316.193, Florida Statutes, 1998

26  Supplement, are amended to read:

27         316.193  Driving under the influence; penalties.--

28         (3)  Any person:

29         (c)  Who, by reason of such operation, causes:

30

31


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  1         1.  Damage to the property or person of another commits

  2  a misdemeanor of the first degree, punishable as provided in

  3  s. 775.082 or s. 775.083.

  4         2.  Serious bodily injury to another, as defined in s.

  5  316.1933, commits a felony of the third degree, punishable as

  6  provided in s. 775.082, s. 775.083, or s. 775.084.

  7         3.  The death of any human being commits DUI

  8  manslaughter, and commits:

  9         a.  A felony of the second degree, punishable as

10  provided in s. 775.082, s. 775.083, or s. 775.084.

11         b.  A felony of the first degree, punishable as

12  provided in s. 775.082, s. 775.083, or s. 775.084, if:

13         (I)  At the time of the crash accident, the person

14  knew, or should have known, that the crash accident occurred;

15  and

16         (II)  The person failed to give information and render

17  aid as required by s. 316.062.

18         (5)  The court shall place any offender convicted of

19  violating this section on monthly reporting probation and

20  shall require attendance at a substance abuse course licensed

21  by the department; and the agency conducting the course may

22  refer the offender to an authorized service provider for

23  substance abuse evaluation and treatment, in addition to any

24  sentence or fine imposed under this section.  The offender

25  shall assume reasonable costs for such education, evaluation,

26  and treatment, with completion of all such education,

27  evaluation, and treatment being a condition of reporting

28  probation. Treatment resulting from a psychosocial evaluation

29  may not be waived without a supporting psychosocial evaluation

30  conducted by an agency appointed by the court and with access

31  to the original evaluation.  The offender shall bear the cost


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  1  of this procedure.  The term "substance abuse" means the abuse

  2  of alcohol or any substance named or described in Schedules I

  3  through V of s. 893.03.  If an offender referred to treatment

  4  under this subsection fails to report for or complete such

  5  treatment or fails to complete the substance abuse education

  6  course, the DUI program shall notify the court and the

  7  department of the failure.  Upon receipt of the notice, the

  8  department shall cancel the offender's driving privilege.  The

  9  department shall reinstate the driving privilege when the

10  offender completes the substance abuse education course or

11  enters treatment required under this subsection.  The

12  organization that conducts the substance abuse education and

13  evaluation may not provide required substance abuse treatment

14  unless a waiver has been granted to that organization by the

15  department.  A waiver may be granted only if the department

16  determines, in accordance with its rules, that the service

17  provider that conducts the substance abuse education and

18  evaluation is the most appropriate service provider and is

19  licensed under chapter 397 or is exempt from such licensure.

20  All DUI treatment programs providing treatment services on

21  January 1, 1994, shall be allowed to continue to provide such

22  services until the department determines whether a waiver

23  should be granted. A statistical referral report shall be

24  submitted quarterly to the department by each organization

25  authorized to provide services under this section.

26         Section 140.  Subsections (1) and (4) of section

27  316.1935, Florida Statutes, 1998 Supplement, are amended to

28  read:

29         316.1935  Fleeing or attempting to elude a law

30  enforcement officer; aggravated fleeing and eluding.--

31


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  1         (1)  It is unlawful for the operator of any vehicle,

  2  having knowledge that he or she has been ordered to stop such

  3  vehicle by a duly authorized law enforcement officer,

  4  willfully to refuse or fail to stop the vehicle in compliance

  5  with such order or, having stopped in knowing compliance with

  6  such order, willfully to flee in an attempt to elude the

  7  officer, and a person who violates this subsection commits a

  8  misdemeanor of the first degree, punishable as provided in s.

  9  775.082 or s. 775.083 shall, upon conviction, be punished by

10  imprisonment in the county jail for a period not to exceed 1

11  year, or by fine not to exceed $1,000, or by both such fine

12  and imprisonment.

13         (4)  Any person who, in the course of unlawfully

14  leaving or attempting to leave the scene of a crash an

15  accident in violation of s. 316.027 or s. 316.061, having

16  knowledge of an order to stop by a duly authorized law

17  enforcement officer:

18         (a)  Willfully refuses or fails to stop in compliance

19  with such an order, or having stopped in knowing compliance

20  with such order, willfully flees in an attempt to elude such

21  officer; and

22         (b)  As a result of such fleeing or eluding, causes

23  injury to another person or causes damage to any property

24  belonging to another person

25

26  commits aggravated fleeing or eluding, a felony of the second

27  degree, punishable as provided in s. 775.082, s. 775.083, or

28  s. 775.084. The felony of aggravated fleeing or eluding

29  constitutes a separate offense for which a person may be

30  charged, in addition to the offense of unlawfully leaving the

31  scene of a crash an accident which the person had been in the


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  1  course of committing or attempting to commit when the order to

  2  stop was given.

  3         Section 141.  Subsection (8) is added to section

  4  316.1937, Florida Statutes, to read:

  5         316.1937  Ignition interlock devices, requiring;

  6  unlawful acts.--

  7         (8)  In addition to the penalties provided in this

  8  section, a violation of this section is a noncriminal traffic

  9  infraction, punishable as a nonmoving violation as provided in

10  chapter 318.

11         Section 142.  Subsection (4) is added to section

12  316.194, Florida Statutes, to read:

13         316.194  Stopping, standing or parking outside of

14  municipalities.--

15         (4)  A violation of this section is a noncriminal

16  traffic infraction, punishable as a moving violation as

17  provided in chapter 318.

18         Section 143.  Paragraph (a) of subsection (1) of

19  section 316.1945, Florida Statutes, is amended, and subsection

20  (4) is added to that section, to read:

21         316.1945  Stopping, standing, or parking prohibited in

22  specified places.--

23         (1)  Except when necessary to avoid conflict with other

24  traffic, or in compliance with law or the directions of a

25  police officer or official traffic control device, no person

26  shall:

27         (a)  Stop, stand, or park a vehicle:

28         1.  On the roadway side of any vehicle stopped or

29  parked at the edge or curb of a street.

30         2.  On a sidewalk.

31         3.  Within an intersection.


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  1         4.  On a crosswalk.

  2         5.  Between a safety zone and the adjacent curb or

  3  within 30 feet of points on the curb immediately opposite the

  4  ends of a safety zone, unless the Department of Transportation

  5  indicates a different length by signs or markings.

  6         6.  Alongside or opposite any street excavation or

  7  obstruction when stopping, standing, or parking would obstruct

  8  traffic.

  9         7.  Upon any bridge or other elevated structure upon a

10  highway or within a highway tunnel.

11         8.  On any railroad tracks.

12         9.  On a bicycle path.

13         10.  At any place where official traffic control

14  devices prohibit stopping.

15         11.  On the roadway or shoulder of a limited access

16  facility, except as provided by regulation of the Department

17  of Transportation, or on the paved portion of a connecting

18  ramp; except that a vehicle which is disabled or in a

19  condition improper to be driven as a result of mechanical

20  failure or crash accident may be parked on such shoulder for a

21  period not to exceed 6 hours.  This provision is not

22  applicable to a person stopping a vehicle to render aid to an

23  injured person or assistance to a disabled vehicle in

24  obedience to the directions of a law enforcement officer or to

25  a person stopping a vehicle in compliance with applicable

26  traffic laws.

27         12.  For the purpose of loading or unloading a

28  passenger on the paved roadway or shoulder of a limited access

29  facility or on the paved portion of any connecting ramp.  This

30  provision is not applicable to a person stopping a vehicle to

31


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  1  render aid to an injured person or assistance to a disabled

  2  vehicle.

  3         (4)  A violation of this section is a noncriminal

  4  traffic infraction, punishable as a nonmoving violation as

  5  provided in chapter 318.

  6         Section 144.  Subsection (4) is added to section

  7  316.195, Florida Statutes, to read:

  8         316.195  Additional parking regulations.--

  9         (4)  A violation of this section is a noncriminal

10  traffic infraction, punishable as a nonmoving violation as

11  provided in chapter 318.

12         Section 145.  Subsection (7) is added to section

13  316.1951, Florida Statutes, to read:

14         316.1951  Parking for certain purposes prohibited.--

15         (7)  A violation of this section is a noncriminal

16  traffic infraction, punishable as a nonmoving violation as

17  provided in chapter 318.

18         Section 146.  Paragraph (a) of subsection (10) of

19  section 316.1955, Florida Statutes, 1998 Supplement, is

20  amended to read:

21         316.1955  Parking spaces for persons who have

22  disabilities.--

23         (10)(a)  A vehicle that is transporting a person who

24  has a disability and that has been granted a permit under s.

25  320.0848(1)(a)(d) may be parked for a maximum of 30 minutes in

26  any parking space reserved for persons who have disabilities.

27         Section 147.  Subsection (6) is added to section

28  316.1974, Florida Statutes, to read:

29         316.1974  Funeral procession right-of-way and

30  liability.--

31


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  1         (6)  VIOLATIONS.--A violation of this section is a

  2  noncriminal traffic infraction, punishable pursuant to chapter

  3  318 as a nonmoving violation for infractions of subsection

  4  (2), a pedestrian violation for infractions of subsection (3),

  5  or as a moving violation for infractions of subsection (3) or

  6  subsection (4) if the infraction resulted from the operation

  7  of a vehicle.

  8         Section 148.  Section 316.1975, Florida Statutes, is

  9  amended to read:

10         316.1975  Unattended motor vehicle.--No person driving

11  or in charge of any motor vehicle except a licensed delivery

12  truck or other delivery vehicle while making deliveries, shall

13  permit it to stand unattended without first stopping the

14  engine, locking the ignition, and removing the key.  No

15  vehicle shall be permitted to stand unattended upon any

16  perceptible grade without stopping the engine and effectively

17  setting the brake thereon and turning the front wheels to the

18  curb or side of the street. A violation of this section is a

19  noncriminal traffic infraction, punishable as a nonmoving

20  violation as provided in chapter 318.

21         Section 149.  Subsection (3) is added to section

22  316.1985, Florida Statutes, to read:

23         316.1985  Limitations on backing.--

24         (3)  A violation of this section is a noncriminal

25  traffic infraction, punishable as a moving violation as

26  provided in chapter 318.

27         Section 150.  Section 316.1995, Florida Statutes, is

28  amended to read:

29         316.1995  Driving upon sidewalk or bicycle path.--No

30  person shall drive any vehicle other than by human power upon

31  a bicycle path, sidewalk, or sidewalk area, except upon a


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  1  permanent or duly authorized temporary driveway. A violation

  2  of this section is a noncriminal traffic infraction,

  3  punishable as a moving violation as provided in chapter 318.

  4         Section 151.  Subsection (3) is added to section

  5  316.2004, Florida Statutes, to read:

  6         316.2004  Obstruction to driver's view or driving

  7  mechanism.--

  8         (3)  A violation of this section is a noncriminal

  9  traffic infraction, punishable as a nonmoving violation as

10  provided in chapter 318.

11         Section 152.  Section 316.2005, Florida Statutes, is

12  amended to read:

13         316.2005  Opening and closing vehicle doors.--No person

14  shall open any door on a motor vehicle unless and until it is

15  reasonably safe to do so and can be done without interfering

16  with the movement of other traffic, nor shall any person leave

17  a door open on the side of a vehicle available to moving

18  traffic for a period of time longer than necessary to load or

19  unload passengers. A violation of this section is a

20  noncriminal traffic infraction, punishable as a nonmoving

21  violation as provided in chapter 318.

22         Section 153.  Section 316.2014, Florida Statutes, is

23  amended to read:

24         316.2014  Riding in house trailers.--No person or

25  persons shall occupy a house trailer while it is being moved

26  upon a public street or highway. A violation of this section

27  is a noncriminal traffic infraction, punishable as a nonmoving

28  violation as provided in chapter 318.

29         Section 154.  Section 316.2024, Florida Statutes, is

30  amended to read:

31


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  1         316.2024  Coasting prohibited.--The driver of any motor

  2  vehicle, when traveling upon a downgrade, shall not coast with

  3  the gears or transmission of such vehicle in neutral or the

  4  clutch disengaged. A violation of this section is a

  5  noncriminal traffic infraction, punishable as a moving

  6  violation as provided in chapter 318.

  7         Section 155.  Section 316.2025, Florida Statutes, is

  8  amended to read:

  9         316.2025  Following fire apparatus prohibited.--No

10  driver of any vehicle other than an authorized emergency

11  vehicle on official business shall follow any fire apparatus

12  traveling in response to a fire alarm closer than 500 feet or

13  drive into or park such vehicle within the block where fire

14  apparatus has stopped in answer to a fire alarm. A violation

15  of this section is a noncriminal traffic infraction,

16  punishable pursuant to chapter 318 as a moving violation for

17  following too close to a fire apparatus or as a nonmoving

18  violation for parking near a fire apparatus.

19         Section 156.  Section 316.2034, Florida Statutes, is

20  amended to read:

21         316.2034  Crossing fire hose.--No vehicle shall be

22  driven over any unprotected hose of a fire department when

23  laid down on any street or highway, or private road or

24  driveway, to be used at any fire or alarm of fire, without the

25  consent of the fire department official in command. A

26  violation of this section is a noncriminal traffic infraction,

27  punishable as a moving violation as provided in chapter 318.

28         Section 157.  Subsection (5) is added to section

29  316.2035, Florida Statutes, to read:

30         316.2035  Injurious substances prohibited; dragging

31  vehicle or load; obstructing, digging, etc.--


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  1         (5)  A violation of this section is a noncriminal

  2  traffic infraction, punishable pursuant to chapter 318 as

  3  either a nonmoving violation for infractions of subsection (1)

  4  or subsection (3) or as a moving violation for infractions of

  5  subsection (2) or subsection (4).

  6         Section 158.  Subsection (3) is added to section

  7  316.2044, Florida Statutes, to read:

  8         316.2044  Removal of injurious substances.--

  9         (3)  A violation of this section is a noncriminal

10  traffic infraction, punishable as a nonmoving violation as

11  provided in chapter 318.

12         Section 159.  Section 316.2051, Florida Statutes, is

13  amended to read:

14         316.2051  Certain vehicles prohibited on hard-surfaced

15  roads.--It is unlawful to operate upon any hard-surfaced road

16  in this state any log cart, tractor, or well machine; any

17  steel-tired vehicle other than the ordinary farm wagon or

18  buggy; or any other vehicle or machine that is likely to

19  damage a hard-surfaced road except to cause ordinary wear and

20  tear on the same. A violation of this section is a noncriminal

21  traffic infraction, punishable as a moving violation as

22  provided in chapter 318.

23         Section 160.  Section 316.2061, Florida Statutes, is

24  amended to read:

25         316.2061  Stop when traffic obstructed.--No driver

26  shall enter an intersection or a marked crosswalk unless there

27  is sufficient space on the other side of the intersection or

28  crosswalk to accommodate the vehicle the driver is operating

29  without obstructing the passage of other vehicles or

30  pedestrians, notwithstanding any traffic control signal

31  indication to proceed. A violation of this section is a


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  1  noncriminal traffic infraction, punishable as a moving

  2  violation as provided in chapter 318.

  3         Section 161.  Paragraph (e) of subsection (3) and

  4  subsection (20) of section 316.2065, Florida Statutes, are

  5  amended to read:

  6         316.2065  Bicycle regulations.--

  7         (3)

  8         (e)  Law enforcement officers and school crossing

  9  guards may issue a bicycle safety brochure and a verbal

10  warning to a bicycle rider or passenger who violates this

11  subsection.  Effective January 1, 1998, A bicycle rider or

12  passenger who violates this subsection may be issued a

13  citation by a law enforcement officer and assessed a fine for

14  a pedestrian violation, as provided in s. 318.18.  The court

15  shall dismiss the charge against a bicycle rider or passenger

16  for a first violation of paragraph (d) upon proof of purchase

17  of a bicycle helmet that complies with this subsection.

18         (20)  Except as otherwise provided in this section, a

19  violation of this section is a noncriminal traffic infraction,

20  punishable as a pedestrian violation as provided in chapter

21  318. A Effective January 1, 1998, law enforcement officer

22  officers may issue traffic citations for a violation of

23  subsection (3) or subsection (16) only if the violation occurs

24  on a bicycle path or road, as defined in s. 334.03. However,

25  they may not issue citations to persons on private property,

26  except any part thereof which is open to the use of the public

27  for purposes of vehicular traffic.

28         Section 162.  Section 316.2074, Florida Statutes, is

29  amended to read:

30         316.2074  All-terrain vehicles.--

31         (1)  The Legislature hereby finds and declares that:


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  1         (a)  All-terrain vehicle use has doubled over the past

  2  several years;

  3         (b)  Injuries associated with all-terrain vehicle use

  4  have more than tripled over the past several years;

  5         (c)  On the national level, annual emergency room

  6  treatments of injuries related to all-terrain vehicle use

  7  increased from 26,900 in 1983 to 63,900 in 1984 to 85,900 in

  8  1985;

  9         (d)  Nearly one-half of all individuals injured in

10  all-terrain vehicle accidents are under 16 years of age;

11         (e)  In the past 5 years, there have been more than 550

12  deaths resulting from all-terrain vehicle accidents, with more

13  than 40 percent of the dead being children 16 years of age or

14  younger;

15         (f)  Over one-half of all individuals injured in

16  all-terrain vehicle accidents do not wear any type of

17  protective equipment.

18         (2)  It is the intent of the Legislature, through the

19  adoption of this section to provide safety protection for

20  minors while operating an all-terrain vehicle in this state.

21         (2)(3)  As used in this section "all-terrain vehicle"

22  means any motorized off-highway vehicle 50 inches (1270 mm) or

23  less in width, having a dry weight of 600 pounds (273 kg) or

24  less, traveling on three or more low-pressure tires, designed

25  for operator use only with no passengers, having a seat or

26  saddle designed to be straddled by the operator, and having

27  handlebars for steering control.

28         (3)(4)  No person under 16 years of age shall operate,

29  ride, or be otherwise propelled on an all-terrain vehicle

30  unless the person wears a safety helmet meeting United States

31  Department of Transportation standards and eye protection.


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  1         (4)(5)  If a crash an accident results in the death of

  2  any person or in the injury of any person which results in

  3  treatment of the person by a physician, the operator of each

  4  all-terrain vehicle involved in the crash accident shall give

  5  notice of the crash accident pursuant to s. 316.066.

  6         (5)(6)  An all-terrain vehicle having four wheels may

  7  be used by police officers on public beaches designated as

  8  public roadways for the purpose of enforcing the traffic laws

  9  of the state. All-terrain vehicles may also be used by the

10  police to travel on public roadways within 5 miles of beach

11  access only when getting to and from the beach.

12         (6)  A violation of this section is a noncriminal

13  traffic infraction, punishable as a nonmoving violation as

14  provided in chapter 318.

15         (7)  Any person who violates the provisions of this

16  section shall be punished as provided in chapter 318.

17         Section 163.  Subsection (5) is added to section

18  316.208, Florida Statutes, to read:

19         316.208  Motorcycles and mopeds.--

20         (5)  A violation of this section is a noncriminal

21  traffic infraction, punishable as a moving violation as

22  provided in chapter 318.

23         Section 164.  Subsection (6) is added to section

24  316.2085, Florida Statutes, to read:

25         316.2085  Riding on motorcycles or mopeds.--

26         (6)  A violation of this section is a noncriminal

27  traffic infraction, punishable as a moving violation as

28  provided in chapter 318.

29         Section 165.  Subsection (6) is added to section

30  316.209, Florida Statutes, to read:

31


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  1         316.209  Operating motorcycles on roadways laned for

  2  traffic.--

  3         (6)  A violation of this section is a noncriminal

  4  traffic infraction, punishable as a moving violation as

  5  provided in chapter 318.

  6         Section 166.  Subsection (3) is added to section

  7  316.2095, Florida Statutes, to read:

  8         316.2095  Footrests and handlebars.--

  9         (3)  A violation of this section is a noncriminal

10  traffic infraction, punishable as a nonmoving violation as

11  provided in chapter 318.

12         Section 167.  Subsection (6) is added to section

13  316.211, Florida Statutes, to read:

14         316.211  Equipment for motorcycle and moped riders.--

15         (6)  A violation of this section is a noncriminal

16  traffic infraction, punishable as a nonmoving violation as

17  provided in chapter 318.

18         Section 168.  Subsection (6) is added to section

19  316.212, Florida Statutes, to read:

20         316.212  Operation of golf carts on certain

21  roadways.--The operation of a golf cart upon the public roads

22  or streets of this state is prohibited except as provided

23  herein:

24         (6)  A violation of this section is a noncriminal

25  traffic infraction, punishable pursuant to chapter 318 as

26  either a moving violation for infractions of subsection (1),

27  subsection (2), subsection (3), or subsection (4), or as a

28  nonmoving violation for infractions of subsection (5).

29         Section 169.  Subsection (2) of section 316.2126,

30  Florida Statutes, is amended to read:

31


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  1         316.2126  Use of golf carts by certain

  2  municipalities.--In addition to the powers granted by ss.

  3  316.212 and 316.2125, municipalities older than 400 years old

  4  are hereby authorized to utilize golf carts, as defined in s.

  5  320.01, upon any state, county, or municipal roads located

  6  within the corporate limits of such municipalities, subject to

  7  the following conditions:

  8         (2)  In addition to the safety equipment required in s.

  9  316.212(5)(6), such golf carts must be equipped with

10  sufficient lighting and turn signal equipment.

11         Section 170.  Subsection (6) is added to section

12  316.215, Florida Statutes, to read:

13         316.215  Scope and effect of regulations.--

14         (6)  A violation of this section is a noncriminal

15  traffic infraction, punishable as a nonmoving violation as

16  provided in chapter 318.

17         Section 171.  Subsection (4) is added to section

18  316.217, Florida Statutes, to read:

19         316.217  When lighted lamps are required.--

20         (4)  A violation of this section is a noncriminal

21  traffic infraction, punishable as a moving violation as

22  provided in chapter 318.

23         Section 172.  Subsection (3) is added to section

24  316.220, Florida Statutes, to read:

25         316.220  Headlamps on motor vehicles.--

26         (3)  A violation of this section is a noncriminal

27  traffic infraction, punishable as a nonmoving violation as

28  provided in chapter 318.

29         Section 173.  Subsection (3) is added to section

30  316.221, Florida Statutes, to read:

31         316.221  Taillamps.--


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  1         (3)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 174.  Subsection (4) is added to section

  5  316.222, Florida Statutes, to read:

  6         316.222  Stop lamps and turn signals.--

  7         (4)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a nonmoving violation as

  9  provided in chapter 318.

10         Section 175.  Subsection (8) is added to section

11  316.2225, Florida Statutes, to read:

12         316.2225  Additional equipment required on certain

13  vehicles.--In addition to other equipment required in this

14  chapter, the following vehicles shall be equipped as herein

15  stated under the conditions stated in s. 316.217.

16         (8)  A violation of this section is a noncriminal

17  traffic infraction, punishable as a nonmoving violation as

18  provided in chapter 318.

19         Section 176.  Subsection (4) is added to section

20  316.224, Florida Statutes, to read:

21         316.224  Color of clearance lamps, identification

22  lamps, side marker lamps, backup lamps, reflectors, and

23  deceleration lights.--

24         (4)  A violation of this section is a noncriminal

25  traffic infraction, punishable as a nonmoving violation as

26  provided in chapter 318.

27         Section 177.  Subsection (3) is added to section

28  316.225, Florida Statutes, to read:

29         316.225  Mounting of reflectors, clearance lamps and

30  side marker lamps.--

31


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  1         (3)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 178.  Subsection (4) is added to section

  5  316.226, Florida Statutes, to read:

  6         316.226  Visibility requirements for reflectors,

  7  clearance lamps, identification lamps and marker lamps.--

  8         (4)  A violation of this section is a noncriminal

  9  traffic infraction, punishable as a nonmoving violation as

10  provided in chapter 318.

11         Section 179.  Section 316.228, Florida Statutes, is

12  amended to read:

13         316.228  Lamps or flags on projecting load.--Whenever

14  the load upon any vehicle extends to the rear 4 feet or more

15  beyond the bed or body of such vehicle, there shall be

16  displayed at the extreme rear end of the load, at the times

17  specified in s. 316.217, two red lamps visible from a distance

18  of at least 500 feet to the rear, two red reflectors visible

19  at night from all distances within 600 feet to 100 feet to the

20  rear when directly in front of lawful lower beams of headlamps

21  and located so as to indicate maximum width, and on each side

22  one red lamp visible from a distance of at least 500 feet to

23  the side and located so as to indicate maximum overhang.

24  There shall be displayed at all other times on any vehicle

25  having a load which extends beyond its sides or more than 4

26  feet beyond its rear, red flags, not less than 12 inches

27  square, marking the extremities of such load, at each point

28  where a lamp would otherwise be required by this section. A

29  violation of this section is a noncriminal traffic infraction,

30  punishable as a nonmoving violation as provided in chapter

31  318.


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  1         Section 180.  Subsection (5) is added to section

  2  316.229, Florida Statutes, to read:

  3         316.229  Lamps on parked vehicles.--

  4         (5)  A violation of this section is a noncriminal

  5  traffic infraction, punishable as a nonmoving violation as

  6  provided in chapter 318.

  7         Section 181.  Subsection (8) is added to section

  8  316.2295, Florida Statutes, to read:

  9         316.2295  Lamps, reflectors and emblems on farm

10  tractors, farm equipment and implements of husbandry.--

11         (8)  A violation of this section is a noncriminal

12  traffic infraction, punishable as a nonmoving violation as

13  provided in chapter 318.

14         Section 182.  Section 316.231, Florida Statutes, is

15  amended to read:

16         316.231  Lamps on other vehicles and equipment.--Every

17  vehicle, including animal-drawn vehicles and vehicles referred

18  to in s. 316.215(3), not specifically required by the

19  provisions of this section to be equipped with lamps or other

20  lighting devices shall at all times specified in s. 316.217 be

21  equipped with at least one lamp displaying a white light

22  visible from a distance of not less than 1,000 feet to the

23  front of said vehicle, and shall also be equipped with two

24  lamps displaying red light visible from a distance of not less

25  than 1,000 feet to the rear of the vehicle, or, as an

26  alternative, one lamp displaying a red light visible from a

27  distance of not less than 1,000 feet to the rear and two red

28  reflectors visible from all distances of 600 to 100 feet to

29  the rear when illuminated by the lawful lower beams of

30  headlamps. A violation of this section is a noncriminal

31


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  1  traffic infraction, punishable as a nonmoving violation as

  2  provided in chapter 318.

  3         Section 183.  Subsection (5) is added to section

  4  316.233, Florida Statutes, to read:

  5         316.233  Spot lamps and auxiliary lamps.--

  6         (5)  VIOLATIONS.--A violation of this section is a

  7  noncriminal traffic infraction, punishable as a nonmoving

  8  violation as provided in chapter 318.

  9         Section 184.  Subsection (3) is added to section

10  316.234, Florida Statutes, to read:

11         316.234  Signal lamps and signal devices.--

12         (3)  A violation of this section is a noncriminal

13  traffic infraction, punishable as a nonmoving violation as

14  provided in chapter 318.

15         Section 185.  Subsection (6) is added to section

16  316.235, Florida Statutes, to read:

17         316.235  Additional lighting equipment.--

18         (6)  A violation of this section is a noncriminal

19  traffic infraction, punishable as a nonmoving violation as

20  provided in chapter 318.

21         Section 186.  Subsection (3) is added to section

22  316.237, Florida Statutes, to read:

23         316.237  Multiple-beam road-lighting equipment.--

24         (3)  A violation of this section is a noncriminal

25  traffic infraction, punishable as a nonmoving violation as

26  provided in chapter 318.

27         Section 187.  Section 316.238, Florida Statutes, is

28  amended to read:

29         316.238  Use of multiple-beam road-lighting

30  equipment.--

31


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  1         (1)  Whenever a motor vehicle is being operated on a

  2  roadway or shoulder adjacent thereto during the times

  3  specified in s. 316.217, the driver shall use a distribution

  4  of light, or composite beam, directed high enough and of

  5  sufficient intensity to reveal persons and vehicles at a safe

  6  distance in advance of the vehicle, subject to the following

  7  requirements and limitations:

  8         (a)(1)  Whenever the driver of a vehicle approaches an

  9  oncoming vehicle within 500 feet, such driver shall use a

10  distribution of light, or composite beam, so aimed that the

11  glaring rays are not projected into the eyes of the oncoming

12  driver.  The lowermost distribution of light, or composite

13  beam, specified in ss. 316.237(1)(b) and 316.430(2)(b) shall

14  be deemed to avoid glare at all times, regardless of road

15  contour and loading.

16         (b)(2)  Whenever the driver of a vehicle approaches

17  another vehicle from the rear within 300 feet, such driver

18  shall use a distribution of light permissible under this

19  chapter other than the uppermost distribution of light

20  specified in ss. 316.237(1)(a) and 316.430(2)(a).

21         (2)  A violation of this section is a noncriminal

22  traffic infraction, punishable as a moving violation as

23  provided in chapter 318.

24         Section 188.  Section 316.2385, Florida Statutes, is

25  amended to read:

26         316.2385  Requirements for use of lower beam.--The

27  lower or passing beam shall be used at all times during the

28  twilight hours in the morning and the twilight hours in the

29  evening, and during fog, smoke and rain.  Twilight shall mean

30  the time between sunset and full night or between full night

31  and sunrise. A violation of this section is a noncriminal


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  1  traffic infraction, punishable as a moving violation as

  2  provided in chapter 318.

  3         Section 189.  Section 316.239, Florida Statutes, is

  4  amended to read:

  5         316.239  Single-beam road-lighting equipment.--

  6         (1)  Headlamp systems which provide only a single

  7  distribution of light shall be permitted on all farm tractors

  8  regardless of date of manufacture, and on other motor vehicles

  9  manufactured and sold prior to January 1, 1972, in lieu of

10  multiple-beam road-lighting equipment herein specified if the

11  single distribution of light complies with the following

12  requirements and limitations:

13         (a)(1)  The headlamps shall be so aimed that when the

14  vehicle is not loaded none of the high intensity portion of

15  the light shall, at a distance of 25 feet ahead, project

16  higher than a level of five inches below the level of the

17  center of the lamp from which it comes, and in no case higher

18  than 42 inches above the level on which the vehicle stands at

19  a distance of 75 feet ahead.

20         (b)(2)  The intensity shall be sufficient to reveal

21  persons and vehicles at a distance of at least 200 feet.

22         (2)  A violation of this section is a noncriminal

23  traffic infraction, punishable as a nonmoving violation as

24  provided in chapter 318.

25         Section 190.  Section 316.2395, Florida Statutes, is

26  amended to read:

27         316.2395  Motor vehicles; minimum headlamp

28  requirement.--Any motor vehicle may be operated at nighttime

29  under the conditions specified in ss. 316.237 and 316.239,

30  when equipped with two lighted lamps upon the front thereof

31  capable of revealing persons and objects 100 feet ahead in


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  1  lieu of lamps required in ss. 316.237 and 316.239.  However,

  2  at no time when lighted lamps are required shall such motor

  3  vehicle be operated in excess of 20 miles per hour. A

  4  violation of this section is a noncriminal traffic infraction,

  5  punishable as a nonmoving violation as provided in chapter

  6  318.

  7         Section 191.  Subsection (3) is added to section

  8  316.2396, Florida Statutes, to read:

  9         316.2396  Number of driving lamps required or

10  permitted.--

11         (3)  A violation of this section is a noncriminal

12  traffic infraction, punishable as a nonmoving violation as

13  provided in chapter 318.

14         Section 192.  Subsection (10) is added to section

15  316.2397, Florida Statutes, to read:

16         316.2397  Certain lights prohibited; exceptions.--

17         (10)  A violation of this section is a noncriminal

18  traffic infraction, punishable as a nonmoving violation as

19  provided in chapter 318.

20         Section 193.  Section 316.2399, Florida Statutes, is

21  amended to read:

22         316.2399  Special warning lights for buses or

23  taxicabs.--The provisions of s. 316.2397(7) to the contrary

24  notwithstanding, a bus or taxicab may be equipped with two

25  flashing devices for the purpose of warning the operators of

26  other vehicles and law enforcement agents that an emergency

27  situation exists within the bus or taxicab.  Such devices

28  shall be capable of activation by the operator of the bus or

29  taxicab and shall be of a type approved by the Department of

30  Highway Safety and Motor Vehicles.  Such devices shall be

31  mounted one at the front and one at the rear of the bus or


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  1  taxicab and shall display flashing red lights which shine on

  2  the roadway under the vehicle. A violation of this section is

  3  a noncriminal traffic infraction, punishable as a nonmoving

  4  violation as provided in chapter 318.

  5         Section 194.  Subsection (3) is added to section

  6  316.240, Florida Statutes, to read:

  7         316.240  Standards for lights on highway maintenance

  8  and service equipment.--

  9         (3)  A violation of this section is a noncriminal

10  traffic infraction, punishable as a nonmoving violation as

11  provided in chapter 318.

12         Section 195.  Subsection (4) is added to section

13  316.241, Florida Statutes, to read:

14         316.241  Selling or using lamps or equipment.--

15         (4)  A violation of this section is a noncriminal

16  traffic infraction, punishable as a nonmoving violation as

17  provided in chapter 318.

18         Section 196.  Subsection (3) of section 316.251,

19  Florida Statutes, is amended to read:

20         316.251  Maximum bumper heights.--

21         (3)  A violation of this section shall be defined as a

22  moving violation.  A person charged with a violation of this

23  section is subject to the penalty provided in s. 318.18(3).

24         Section 197.  Subsection (3) is added to section

25  316.252, Florida Statutes, to read:

26         316.252  Splash and spray suppressant devices.--

27         (3)  A violation of this section is a noncriminal

28  traffic infraction, punishable as a nonmoving violation as

29  provided in chapter 318.

30         Section 198.  Section 316.253, Florida Statutes, is

31  amended to read:


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  1         316.253  Vehicles used to sell ice cream and other

  2  confections; display of warnings required.--Any person who

  3  sells ice cream or other frozen confections at retail from a

  4  motor vehicle shall display on each side of such motor

  5  vehicle, in letters at least 3 inches high, a warning

  6  containing the words "look out for children" or "caution:

  7  children" or such similar words as are approved by the

  8  department. A violation of this section is a noncriminal

  9  traffic infraction, punishable as a nonmoving violation as

10  provided in chapter 318.

11         Section 199.  Subsection (11) is added to section

12  316.261, Florida Statutes, to read:

13         316.261  Brake equipment required.--Every motor

14  vehicle, trailer, semitrailer, and pole trailer, and any

15  combination of such vehicles, operating upon a highway within

16  this state shall be equipped with brakes in compliance with

17  the requirements of this chapter.

18         (11)  A violation of this section is a noncriminal

19  traffic infraction, punishable as a nonmoving violation as

20  provided in chapter 318.

21         Section 200.  Subsection (3) is added to section

22  316.262, Florida Statutes, to read:

23         316.262  Performance ability of motor vehicle brakes.--

24         (3)  A violation of this section is a noncriminal

25  traffic infraction, punishable as a nonmoving violation as

26  provided in chapter 318.

27         Section 201.  Section 316.263, Florida Statutes, is

28  amended to read:

29         316.263  Maintenance of brakes.--All brakes shall be

30  maintained in good working order and shall be so adjusted as

31  to operate as equally as practicable with respect to the


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  1  wheels on opposite sides of the vehicle. A violation of this

  2  section is a noncriminal traffic infraction, punishable as a

  3  nonmoving violation as provided in chapter 318.

  4         Section 202.  Section 316.267, Florida Statutes, is

  5  amended to read:

  6         316.267  Brakes on electric-powered vehicles.--When

  7  operated on the public streets and roads, every

  8  electric-powered vehicle with a rating of 3 to 6 horsepower

  9  shall be equipped with hydraulic brakes on the two rear wheels

10  and at all times and under all conditions of loading, upon

11  application of the service brake, shall be capable of:

12         (1)  Developing a braking force that is not less than

13  43.5 percent of its gross weight.

14         (2)  Decelerating to a stop from not more than 20 miles

15  per hour at not less than 17 feet per second.

16         (3)  Stopping from a speed of 20 miles per hour in not

17  more than 25 feet, such distance to be measured from the point

18  at which movement of the service brake pedal or control

19  begins.

20

21  A violation of this section is a noncriminal traffic

22  infraction, punishable as a nonmoving violation as provided in

23  chapter 318.

24         Section 203.  Subsection (8) is added to section

25  316.271, Florida Statutes, to read;

26         316.271  Horns and warning devices.--

27         (8)  A violation of this section is a noncriminal

28  traffic infraction, punishable as a nonmoving violation as

29  provided in chapter 318.

30         Section 204.  Subsection (3) is added to section

31  316.272, Florida Statutes, to read:


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  1         316.272  Exhaust systems, prevention of noise.--

  2         (3)  A violation of this section is a noncriminal

  3  traffic infraction, punishable as a nonmoving violation as

  4  provided in chapter 318.

  5         Section 205.  Subsection (7) is added to section

  6  316.293, Florida Statutes, to read:

  7         316.293  Motor vehicle noise.--

  8         (7)  VIOLATIONS.--A violation of this section is a

  9  noncriminal traffic infraction, punishable as a nonmoving

10  violation as provided in chapter 318.

11         Section 206.  Subsections (1), (2), and (6) of section

12  316.2935, Florida Statutes, are amended to read:

13         316.2935  Air pollution control equipment; tampering

14  prohibited; penalty.--

15         (1)(a)  On and after July 1, 1990, It is unlawful for

16  any person or motor vehicle dealer as defined in s. 320.27 to

17  offer or display for retail sale or lease, sell, lease, or

18  transfer title to, a motor vehicle in Florida that has been

19  tampered with in violation of this section, as determined

20  pursuant to subsection (7).  Tampering is defined as the

21  dismantling, removal, or rendering ineffective of any air

22  pollution control device or system which has been installed on

23  a motor vehicle by the vehicle manufacturer except to replace

24  such device or system with a device or system equivalent in

25  design and function to the part that was originally installed

26  on the motor vehicle.  All motor vehicles sold, reassigned, or

27  traded to a licensed motor vehicle dealer are exempt from this

28  paragraph.

29         (b)  On and after January 1, 1991, At the time of sale,

30  lease, or transfer of title of a motor vehicle, the seller,

31  lessor, or transferor shall certify in writing to the


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  1  purchaser, lessee, or transferee that the air pollution

  2  control equipment of the motor vehicle has not been tampered

  3  with by the seller, lessor, or transferor or their agents,

  4  employees, or other representatives. A licensed motor vehicle

  5  dealer shall also visually observe those air pollution control

  6  devices listed by department rule pursuant to subsection (7),

  7  and certify that they are in place, and appear properly

  8  connected and undamaged.  Such certification shall not be

  9  deemed or construed as a warranty that the pollution control

10  devices of the subject vehicle are in functional condition,

11  nor does the execution or delivery of this certification

12  create by itself grounds for a cause of action between the

13  parties to this transaction.

14         (c)  On and after July 1, 1990, All motor vehicles

15  sold, reassigned, or traded by a licensed motor vehicle dealer

16  to a licensed motor vehicle dealer, all new motor vehicles

17  subject to certification under s. 207, Clean Air Act, 42

18  U.S.C. s. 7541, and all lease agreements for 30 days or less

19  are exempt from this subsection. Also exempt from this

20  subsection are sales of motor vehicles for salvage purposes

21  only.

22         (2)  No person shall operate any gasoline-powered motor

23  vehicle, except a motorcycle, moped, or scooter as defined in

24  chapter 320, or an imported nonconforming motor vehicle which

25  has received a one-time exemption from federal emission

26  control requirements under 40 C.F.R. 85, subpart P, on the

27  public roads and streets of this state which emits visible

28  emissions from the exhaust pipe for more than a continuous

29  period of 5 seconds, and no person shall operate on the public

30  roads or streets of this state any motor vehicle that has been

31


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  1  tampered with in violation of this section, as determined

  2  pursuant to subsection (7).

  3         (6)  Except as provided in subsection (5), any person

  4  who violates subsection (1), subsection (2), or subsection (3)

  5  shall be charged with a noncriminal traffic infraction,

  6  punishable as a nonmoving violation as provided in chapter 318

  7  provided in s. 318.18(2). However, the penalty may be reduced

  8  if the person committing the violation corrects the violation

  9  pursuant to the provisions of s. 316.6105.

10         Section 207.  Section 316.294, Florida Statutes, is

11  amended to read:

12         316.294  Mirrors.--Every vehicle, operated singly or

13  when towing any other vehicle, shall be equipped with a mirror

14  so located as to reflect to the driver a view of the highway

15  for a distance of at least 200 feet to the rear of the motor

16  vehicle. A violation of this section is a noncriminal traffic

17  infraction, punishable as a nonmoving violation as provided in

18  chapter 318.

19         Section 208.  Subsection (6) is added to section

20  316.2952, Florida Statutes, to read:

21         316.2952  Windshields; requirements; restrictions.--

22         (6)  A violation of this section is a noncriminal

23  traffic infraction, punishable as a nonmoving violation as

24  provided in chapter 318.

25         Section 209.  Section 316.2953, Florida Statutes, is

26  amended to read:

27         316.2953  Side windows; restrictions on sunscreening

28  material.--A person shall not operate any motor vehicle on any

29  public highway, road, or street on which vehicle the side

30  wings and side windows on either side forward of or adjacent

31  to the operator's seat are composed of, covered by, or treated


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  1  with any sunscreening material or other product or covering

  2  which has the effect of making the window nontransparent or

  3  which would alter the window's color, increase its

  4  reflectivity, or reduce its light transmittance, except as

  5  expressly permitted by this section.  A sunscreening material

  6  is authorized for such windows if, when applied to and tested

  7  on the glass of such windows on the specific motor vehicle,

  8  the material has a total solar reflectance of visible light of

  9  not more than 25 percent as measured on the nonfilm side and a

10  light transmittance of at least 28 percent in the visible

11  light range. A violation of this section is a noncriminal

12  traffic infraction, punishable as a nonmoving violation as

13  provided in chapter 318.

14         Section 210.  Subsection (3) is added to section

15  316.2954, Florida Statutes, to read:

16         316.2954  Windows behind the driver; restrictions on

17  sunscreening material.--

18         (3)  A violation of this section is a noncriminal

19  traffic infraction, punishable as a nonmoving violation as

20  provided in chapter 318.

21         Section 211.  Subsections (1) and (3) of section

22  316.2956, Florida Statutes, are amended to read:

23         316.2956  Violation of provisions relating to

24  windshields, windows, and sunscreening material; penalties.--

25         (1)  Any person who operates a motor vehicle on which,

26  after June 20, 1984, material was installed in violation of

27  ss. 316.2951-316.2954 commits is guilty of a noncriminal

28  traffic infraction, punishable as a nonmoving violation as

29  provided in chapter 318 subject to the penalty provided in s.

30  318.18(2).

31


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  1         (3)  Any person who sells or installs sunscreening

  2  material in violation of any provision of ss.

  3  316.2951-316.2955 after June 20, 1984, is guilty of a

  4  misdemeanor of the second degree, punishable as provided in s.

  5  775.082 or s. 775.083.

  6         Section 212.  Section 316.299, Florida Statutes, is

  7  amended to read:

  8         316.299  Rough surfaced wheels prohibited.--No person

  9  shall drive, propel, operate, or cause to be driven, propelled

10  or operated over any paved or graded public road of this state

11  any tractor engine, tractor or other vehicle or contrivance

12  having wheels provided with sharpened or roughened surfaces,

13  other than roughened pneumatic rubber tires having studs

14  designed to improve traction without materially injuring the

15  surface of the highway, unless the rims or tires of the wheels

16  of such tractor engines, tractors, or other vehicles or

17  contrivances are provided with suitable filler blocks between

18  the cleats so as to form a smooth surface.  This requirement

19  shall not apply to tractor engines, tractors, or other

20  vehicles or contrivances if the rims or tires of their wheels

21  are constructed in such manner as to prevent injury to such

22  roads.  This restriction shall not apply to tractor engines,

23  tractors, and other vehicles or implements used by any county

24  or the Department of Transportation in the construction or

25  maintenance of roads or to farm implements weighing less than

26  1,000 pounds when provided with wheel surfaces of more than

27  1/2 inch in width. A violation of this section is a

28  noncriminal traffic infraction, punishable as a nonmoving

29  violation as provided in chapter 318.

30         Section 213.  Subsection (4) is added to section

31  316.300, Florida Statutes, to read:


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  1         316.300  Certain vehicles to carry flares or other

  2  devices.--

  3         (4)  A violation of this section is a noncriminal

  4  traffic infraction, punishable as a nonmoving violation as

  5  provided in chapter 318.

  6         Section 214.  Subsection (10) is added to section

  7  316.301, Florida Statutes, to read:

  8         316.301  Display of warning lights and devices when

  9  vehicle is stopped or disabled.--

10         (10)  A violation of this section is a noncriminal

11  traffic infraction, punishable as a nonmoving violation as

12  provided in chapter 318.

13         Section 215.  Paragraph (c) of subsection (1) of

14  section 316.302, Florida Statutes, 1998 Supplement, is

15  reenacted, and paragraph (f) of subsection (2) of that section

16  is amended, to read:

17         316.302  Commercial motor vehicles; safety regulations;

18  transporters and shippers of hazardous materials;

19  enforcement.--

20         (1)

21         (c)  Except as provided in s. 316.215(5), and except as

22  provided in s. 316.228 for rear overhang lighting and flagging

23  requirements for intrastate operations, the requirements of

24  this section supersede all other safety requirements of this

25  chapter for commercial motor vehicles.

26         (2)

27         (f)  A person who operates a commercial motor vehicle

28  having a declared gross vehicle weight of less than 26,000

29  pounds solely in intrastate commerce and who is not

30  transporting hazardous materials, or who is transporting

31  petroleum products as defined in s. 376.301(31)(29), is exempt


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  1  from subsection (1). However, such person must comply with 49

  2  C.F.R. parts 382, 392, 393, and 49 C.F.R. s. 396.9.

  3         Section 216.  Paragraph (c) of subsection (3) of

  4  section 316.3025, Florida Statutes, is amended to read:

  5         316.3025  Penalties.--

  6         (3)

  7         (c)  A civil penalty of $250 may be assessed for:

  8         1.  A violation of the placarding requirements of 49

  9  C.F.R. parts 171-179;

10         2.  A violation of the shipping paper requirements of

11  49 C.F.R. parts 171-179;

12         3.  A violation of 49 C.F.R. s. 392.10;

13         4.  A violation of 49 C.F.R. s. 397.5 395.5;

14         5.  A violation of 49 C.F.R. s. 397.7;

15         6.  A violation of 49 C.F.R. s. 397.13; or

16         7.  A violation of 49 C.F.R. s. 397.15.

17         Section 217.  Subsection (5) of section 316.3027,

18  Florida Statutes, is amended to read:

19         316.3027  Identification required on commercial motor

20  vehicles.--

21         (5)  Any vehicle which meets the vehicle identification

22  requirements of the United States Department of Transportation

23  Interstate Commerce Commission regulations shall be considered

24  in compliance with this section.

25         Section 218.  Subsection (4) is added to section

26  316.303, Florida Statutes, to read:

27         316.303  Television receivers.--

28         (4)  A violation of this section is a noncriminal

29  traffic infraction, punishable as a nonmoving violation as

30  provided in chapter 318.

31


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  1         Section 219.  Subsection (4) is added to section

  2  316.304, Florida Statutes, to read:

  3         316.304  Wearing of headsets.--

  4         (4)  A violation of this section is a noncriminal

  5  traffic infraction, punishable as a nonmoving violation as

  6  provided in chapter 318.

  7         Section 220.  Subsection (5) is added to section

  8  316.3045, Florida Statutes, to read:

  9         316.3045  Operation of radios or other mechanical

10  soundmaking devices or instruments in vehicles; exemptions.--

11         (5)  A violation of this section is a noncriminal

12  traffic infraction, punishable as a nonmoving violation as

13  provided in chapter 318.

14         Section 221.  Subsection (3) is added to section

15  316.400, Florida Statutes, to read:

16         316.400  Headlamps.--

17         (3)  A violation of this section is a noncriminal

18  traffic infraction, punishable as a nonmoving violation as

19  provided in chapter 318.

20         Section 222.  Section 316.405, Florida Statutes, is

21  amended to read:

22         316.405  Motorcycle headlights to be turned on.--

23         (1)  Any person who operates a motorcycle or

24  motor-driven cycle on the public streets or highways shall,

25  while so engaged, have the headlight or headlights of such

26  motorcycle or motor-driven cycle turned on.  Failure to comply

27  with this section during the hours from sunrise to sunset,

28  unless compliance is otherwise required by law, shall not be

29  admissible as evidence of negligence in a civil action. During

30  the hours of operation between sunrise and sunset, the

31  headlights may modulate either the upper beam or the lower


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  1  beam from its maximum intensity to a lower intensity, in

  2  accordance with Federal Motor Vehicle Safety Standard 571.108.

  3         (2)  Failure to comply with the provisions of this

  4  section shall not be deemed negligence per se in any civil

  5  action, but the violation of this section may be considered on

  6  the issue of negligence if the violation of this section is a

  7  proximate cause of a crash an accident.

  8         (3)  A violation of this section is a noncriminal

  9  traffic infraction, punishable as a moving violation as

10  provided in chapter 318.

11         Section 223.  Subsection (3) is added to section

12  316.410, Florida Statutes, to read:

13         316.410  Taillamps.--

14         (3)  A violation of this section is a noncriminal

15  traffic infraction, punishable as a nonmoving violation as

16  provided in chapter 318.

17         Section 224.  Section 316.415, Florida Statutes, is

18  amended to read:

19         316.415  Reflectors.--Every motorcycle and motor-driven

20  cycle shall carry on the rear, either as part of the taillamp

21  or separately, at least one red reflector. A violation of this

22  section is a noncriminal traffic infraction, punishable as a

23  nonmoving violation as provided in chapter 318.

24         Section 225.  Section 316.420, Florida Statutes, is

25  amended to read:

26         316.420  Stop lamps.--Every motorcycle and motor-driven

27  cycle shall be equipped with at least one stop lamp meeting

28  the requirements of s. 316.234(1). A violation of this section

29  is a noncriminal traffic infraction, punishable as a nonmoving

30  violation as provided in chapter 318.

31


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  1         Section 226.  Subsection (3) is added to section

  2  316.425, Florida Statutes, to read:

  3         316.425  Lamps on parked motorcycles.--

  4         (3)  A violation of this section is a noncriminal

  5  traffic infraction, punishable as a nonmoving violation as

  6  provided in chapter 318.

  7         Section 227.  Subsection (3) is added to section

  8  316.430, Florida Statutes, to read:

  9         316.430  Multiple-beam road-lighting equipment.--

10         (3)  A violation of this section is a noncriminal

11  traffic infraction, punishable as a nonmoving violation as

12  provided in chapter 318.

13         Section 228.  Section 316.435, Florida Statutes, is

14  amended to read:

15         316.435  Lighting equipment for motor-driven

16  cycles.--The headlamp or headlamps upon every motor-driven

17  cycle may be of the single-beam or multiple-beam type, but in

18  either event shall comply with the requirements and

19  limitations as follows:

20         (1)  Every such headlamp or headlamps on a motor-driven

21  cycle shall be of sufficient intensity to reveal persons and

22  vehicles at a distance of not less than 100 feet when the

23  motor-driven cycle is operated at any speed less than 25 miles

24  per hour; at a distance of not less than 200 feet when the

25  motor-driven cycle is operated at a speed of 25 or more miles

26  per hour; and at a distance of not less than 300 feet when the

27  motor-driven cycle is operated at a speed of 35 or more miles

28  per hour.

29         (2)  In the event the motor-driven cycle is equipped

30  with a multiple-beam headlamp or headlamps, such equipment

31  shall comply with the requirements of s. 316.430(2).


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  1

  2  A violation of this section is a noncriminal traffic

  3  infraction, punishable as a nonmoving violation as provided in

  4  chapter 318.

  5         Section 229.  Section 316.440, Florida Statutes, is

  6  amended to read:

  7         316.440  Brake equipment required.--Every motor-driven

  8  cycle must comply with the provisions of s. 316.261, except

  9  that:

10         (1)  Motorcycles and motor-driven cycles need not be

11  equipped with parking brakes.

12         (2)  The wheel of a sidecar attached to a motorcycle or

13  to a motor-driven cycle, and the front wheel of a motor-driven

14  cycle, need not be equipped with brakes, provided that such

15  motorcycle or motor-driven cycle is capable of complying with

16  the performance requirements of this chapter.

17

18  A violation of this section is a noncriminal traffic

19  infraction, punishable as a nonmoving violation as provided in

20  chapter 318.

21         Section 230.  Subsection (3) is added to section

22  316.445, Florida Statutes, to read:

23         316.445  Performance ability of motorcycle brakes.--

24         (3)  A violation of this section is a noncriminal

25  traffic infraction, punishable as a nonmoving violation as

26  provided in chapter 318.

27         Section 231.  Subsection (4) is added to section

28  316.450, Florida Statutes, to read:

29         316.450  Brakes on motor-driven cycles.--

30

31


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  1         (4)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 232.  Section 316.455, Florida Statutes, is

  5  amended to read:

  6         316.455  Other equipment.--Every motorcycle and every

  7  motor-driven cycle when operated upon a highway shall comply

  8  with the requirements and limitations of:

  9         (1)  Section 316.271(1) and (2) on the requirement for

10  horns and warning devices.

11         (2)  Section 316.271(3) on the requirement for the use

12  of horns.

13         (3)  Section 316.271(4) on the requirement for sirens,

14  whistles, and bells.

15         (4)  Section 316.271(5) on the requirement for theft

16  alarms.

17         (5)  Section 316.271(6) on the requirement for

18  emergency vehicles.

19         (6)  Section 316.272 on the requirement for mufflers

20  and prevention of noise.

21         (7)  Section 316.294 on the requirement for mirrors.

22

23  A violation of this section is a noncriminal traffic

24  infraction, punishable as a nonmoving violation as provided in

25  chapter 318.

26         Section 233.  Section 316.46, Florida Statutes, is

27  amended to read:

28         316.46  Equipment regulations for mopeds.--No person

29  may operate a moped that does not conform to all applicable

30  federal motor vehicle safety standards relating to lights and

31  safety and other equipment contained in Title 49, Code of


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  1  Federal Regulations. A violation of this section is a

  2  noncriminal traffic infraction, punishable as a nonmoving

  3  violation as provided in chapter 318.

  4         Section 234.  Section 316.510, Florida Statutes, is

  5  amended to read:

  6         316.510  Projecting loads on passenger vehicles.--No

  7  passenger type vehicle shall be operated on any highway with

  8  any load carried thereon extending beyond the fenders on the

  9  left side of the vehicle or extending more than 6 inches

10  beyond the line of the fenders on the right side thereof. A

11  violation of this section is a noncriminal traffic infraction,

12  punishable as a nonmoving violation as provided in chapter

13  318.

14         Section 235.  Subsection (3) is added to section

15  316.520, Florida Statutes, to read:

16         316.520  Loads on vehicles.--

17         (3)  A violation of this section is a noncriminal

18  traffic infraction, punishable as a nonmoving violation as

19  provided in chapter 318.

20         Section 236.  Subsection (3) is added to section

21  316.525, Florida Statutes, to read:

22         316.525  Requirements for vehicles hauling loads.--

23         (3)  A violation of this section is a noncriminal

24  traffic infraction, punishable as a nonmoving violation as

25  provided in chapter 318.

26         Section 237.  Subsection (4) is added to section

27  316.530, Florida Statutes, to read:

28         316.530  Towing requirements.--

29         (4)  A violation of this section is a noncriminal

30  traffic infraction, punishable as a moving violation as

31  provided in chapter 318.


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  1         Section 238.  Section 316.600, Florida Statutes, is

  2  amended to read:

  3         316.600  Health and sanitation hazards.--No motor

  4  vehicle, trailer or semitrailer shall be equipped with an open

  5  toilet or other device that may be a hazard from a health and

  6  sanitation standpoint. A violation of this section is a

  7  noncriminal traffic infraction, punishable as a nonmoving

  8  violation as provided in chapter 318.

  9         Section 239.  Section 316.605, Florida Statutes, is

10  amended to read:

11         316.605  Licensing of vehicles.--

12         (1)  Every vehicle, at all times while driven, stopped,

13  or parked upon any highways, roads, or streets of this state,

14  shall be licensed in the name of the owner thereof in

15  accordance with the laws of this state unless such vehicle is

16  not required by the laws of this state to be licensed in this

17  state and shall, except as otherwise provided in s. 320.0706

18  for front-end registration license plates on truck tractors,

19  display the license plate or both of the license plates

20  assigned to it by the state, one on the rear and, if two, the

21  other on the front of the vehicle, each to be securely

22  fastened to the vehicle outside the main body of the vehicle

23  in such manner as to prevent the plates from swinging, with

24  all letters, numerals, printing, writing, and other

25  identification marks upon the plates clear and distinct and

26  free from defacement, mutilation, grease, and other obscuring

27  matter, so that they will be plainly visible and legible at

28  all times 100 feet from the rear or front.  Nothing shall be

29  placed upon the face of a Florida plate except as permitted by

30  law or by rule or regulation of a governmental agency.  No

31  license plates other than those furnished by the state shall


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  1  be used.  However, if the vehicle is not required to be

  2  licensed in this state, the license plates on such vehicle

  3  issued by another state, by a territory, possession, or

  4  district of the United States, or by a foreign country,

  5  substantially complying with the provisions hereof, shall be

  6  considered as complying with this chapter. A violation of this

  7  subsection is a noncriminal traffic infraction, punishable as

  8  a nonmoving violation as provided in chapter 318.

  9         (2)  Any commercial motor vehicle, as defined in s.

10  316.003(66), operating over the highways of this state with an

11  expired registration, with no registration from this or any

12  other jurisdiction, or with no registration under the

13  applicable provisions of chapter 320 shall be in violation of

14  s. 320.07(3) and shall subject the owner or operator of such

15  vehicle to the penalty provided in s. 318.18.  In addition, a

16  commercial motor vehicle found in violation of this section

17  may be detained by any law enforcement officer until the owner

18  or operator produces evidence that the vehicle has been

19  properly registered and that any applicable delinquent

20  penalties have been paid.

21         Section 240.  Subsection (5) of section 316.613,

22  Florida Statutes, is amended to read:

23         316.613  Child restraint requirements.--

24         (5)  Any person who violates the provisions of this

25  section commits a moving violation, punishable as provided in

26  chapter 318 and shall have 3 points assessed against his or

27  her driver's license as set forth in s. 322.27. In lieu of the

28  penalty specified in s. 318.18 and the assessment of points, a

29  person who violates the provisions of this section may elect,

30  with the court's approval, to participate in a child restraint

31  safety program approved by the chief judge of the circuit in


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  1  which the violation occurs, and upon completing such program,

  2  the penalty specified in chapter 318 and associated costs may

  3  be waived at the court's discretion and the assessment of

  4  points shall be waived.  The child restraint safety program

  5  must use a course approved by the Department of Highway Safety

  6  and Motor Vehicles Health and Rehabilitative Services, and the

  7  fee for the course must bear a reasonable relationship to the

  8  cost of providing the course.

  9         Section 241.  Subsection (5) of section 316.6135,

10  Florida Statutes, is amended to read:

11         316.6135  Leaving children unattended or unsupervised

12  in motor vehicle; penalty; authority of law enforcement

13  officer.--

14         (5)  The child shall be remanded to the custody of the

15  Department of Children and Family Health and Rehabilitative

16  Services pursuant to chapter 39, unless the law enforcement

17  officer is able to locate the parents or legal guardian or

18  other person responsible for the child.

19         Section 242.  Subsection (6) is added to section

20  316.615, Florida Statutes, to read:

21         316.615  School buses; physical requirements of

22  drivers.--

23         (6)  A violation of this section is a noncriminal

24  traffic infraction, punishable as a nonmoving violation as

25  provided in chapter 318.

26         Section 243.  Subsection (7) is added to section

27  316.620, Florida Statutes, to read:

28         316.620  Transportation of migrant farm workers.--Every

29  carrier of migrant farm workers shall systematically inspect

30  and maintain, or cause to be systematically maintained, all

31  motor vehicles and their accessories subject to its control to


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  1  ensure that such motor vehicles and accessories are in safe

  2  and proper operating condition in accordance with the

  3  provisions of this chapter.

  4         (7)  VIOLATIONS.--A violation of this section is a

  5  noncriminal traffic infraction, punishable as a nonmoving

  6  violation as provided in chapter 318.

  7         Section 244.  Paragraph (b) of subsection (2),

  8  paragraph (b) of subsection (3), and paragraph (b) of

  9  subsection (5) of section 316.640, Florida Statutes, are

10  amended to read:

11         316.640  Enforcement.--The enforcement of the traffic

12  laws of this state is vested as follows:

13         (2)  COUNTIES.--

14         (b)  The sheriff's office of each county may employ as

15  a traffic crash accident investigation officer any individual

16  who successfully completes at least 200 hours of instruction

17  in traffic crash accident investigation and court presentation

18  through the Selective Traffic Enforcement Program (STEP) as

19  approved by the Criminal Justice Standards and Training

20  Commission and funded through the National Highway Traffic

21  Safety Administration (NHTSA) or a similar program approved by

22  the commission, but who does not necessarily otherwise meet

23  the uniform minimum standards established by the commission

24  for law enforcement officers or auxiliary law enforcement

25  officers under chapter 943. Any such traffic crash accident

26  investigation officer who makes an investigation at the scene

27  of a traffic crash accident may issue traffic citations when,

28  based upon personal investigation, he or she has reasonable

29  and probable grounds to believe that a person who was involved

30  has committed an offense under this chapter in connection with

31  the crash accident. This paragraph does not permit the


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  1  carrying of firearms or other weapons, nor do such officers

  2  have arrest authority other than for the issuance of a traffic

  3  citation as authorized in this paragraph.

  4         (3)  MUNICIPALITIES.--

  5         (b)  The police department of a chartered municipality

  6  may employ as a traffic crash accident investigation officer

  7  any individual who successfully completes at least 200 hours

  8  of instruction in traffic crash accident investigation and

  9  court presentation through the Selective Traffic Enforcement

10  Program (STEP) as approved by the Criminal Justice Standards

11  and Training Commission and funded through the National

12  Highway Traffic Safety Administration (NHTSA) or a similar

13  program approved by the commission, but who does not otherwise

14  meet the uniform minimum standards established by the

15  commission for law enforcement officers or auxiliary law

16  enforcement officers under chapter 943. Any such traffic crash

17  accident investigation officer who makes an investigation at

18  the scene of a traffic crash accident is authorized to issue

19  traffic citations when, based upon personal investigation, he

20  or she has reasonable and probable grounds to believe that a

21  person involved has committed an offense under the provisions

22  of this chapter in connection with the crash accident.

23  Nothing in this paragraph shall be construed to permit the

24  carrying of firearms or other weapons, nor shall such officers

25  have arrest authority other than for the issuance of a traffic

26  citation as authorized above.

27         (5)

28         (b)  The traffic enforcement officer shall be employed

29  in relationship to a selective traffic enforcement program at

30  a fixed location or as part of a crash an accident

31  investigation team at the scene of a vehicle crash accident or


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  1  in other types of traffic infraction enforcement under the

  2  direction of a fully qualified law enforcement officer;

  3  however, it is not necessary that the traffic infraction

  4  enforcement officer's duties be performed under the immediate

  5  supervision of a fully qualified law enforcement officer.

  6         Section 245.  Section 316.645, Florida Statutes, is

  7  amended to read:

  8         316.645  Arrest authority of officer at scene of a

  9  traffic crash accident.--A police officer who makes an

10  investigation at the scene of a traffic crash accident may

11  arrest any driver of a vehicle involved in the crash accident

12  when, based upon personal investigation, the officer has

13  reasonable and probable grounds to believe that the person has

14  committed any offense under the provisions of this chapter or

15  chapter 322 in connection with the crash accident.

16         Section 246.  Paragraph (b) of subsection (1) of

17  section 316.70, Florida Statutes, is amended to read:

18         316.70  Nonpublic sector buses; safety rules.--

19         (1)  The Department of Transportation shall establish

20  and revise standards to assure the safe operation of nonpublic

21  sector buses, as defined in s. 316.003(78), which standards

22  shall be those contained in 49 C.F.R. parts 382, 385, and

23  390-397 and which shall be directed towards assuring that:

24         (b)  Nonpublic sector buses are carrying the insurance

25  required by law and carrying liability insurance on the

26  checked baggage of passengers not to exceed the standard

27  adopted by the United States Department of Transportation

28  Interstate Commerce Commission.

29         Section 247.  Section 318.12, Florida Statutes, is

30  amended to read:

31


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  1         318.12  Purpose.--It is the legislative intent in the

  2  adoption of this chapter to decriminalize certain violations

  3  of chapter 316, the Florida Uniform Traffic Control Law;

  4  chapter 320, Motor Vehicle Licenses; chapter 322, Drivers'

  5  Licenses; chapter 339, Florida Transportation Code, Sixth

  6  Part; chapter 240, Postsecondary Education 239, Universities;

  7  Scholarships, etc.; and chapter 338, Florida Intrastate

  8  Highway System and Toll Facilities 340, Turnpike Projects,

  9  thereby facilitating the implementation of a more uniform and

10  expeditious system for the disposition of traffic infractions.

11         Section 248.  Subsection (5) of section 318.13, Florida

12  Statutes, is amended to read:

13         318.13  Definitions.--The following words and phrases,

14  when used in this chapter, shall have the meanings

15  respectively ascribed to them in this section, except where

16  the context otherwise requires:

17         (5)  "Officer" means any law enforcement officer

18  charged with and acting under his or her authority to arrest

19  persons suspected of, or known to be, violating statutes or

20  ordinances regulating traffic or the operation or equipment of

21  vehicles. "Officer" includes any individual employed by a

22  sheriff's department or the police department of a chartered

23  municipality who is acting as a traffic infraction enforcement

24  officer as provided in s. 316.640 318.141.

25         Section 249.  Subsections (1), (4), (9), and (10) of

26  section 318.14, Florida Statutes, are amended to read:

27         318.14  Noncriminal traffic infractions; exception;

28  procedures.--

29         (1)  Except as provided in ss. 318.17 and

30  320.07(3)(c)(b), any person cited for a violation of s.

31  240.265, chapter 316, s. 320.0605(1), s. 320.07(3)(a), s.


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  1  322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615 s.

  2  322.161(4), or s. 322.19 is charged with a noncriminal

  3  infraction and must be cited for such an infraction and cited

  4  to appear before an official. If another person dies as a

  5  result of the noncriminal infraction, the person cited may be

  6  required to perform 120 community service hours under s.

  7  316.027(4), in addition to any other penalties.

  8         (4)  Any person charged with a noncriminal infraction

  9  under this section who does not elect to appear shall pay the

10  civil penalty and delinquent fee, if applicable, either by

11  mail or in person, within 30 days of the date of receiving the

12  citation.  If the person cited follows the above procedure, he

13  or she shall be deemed to have admitted the infraction and to

14  have waived his or her right to a hearing on the issue of

15  commission of the infraction.  Such admission shall not be

16  used as evidence in any other proceedings.  Any person who is

17  cited for a violation of s. 320.0605(1) or s. 322.15(1), or

18  subject to a penalty under s. 320.07(3)(a) or s. 322.065, and

19  who makes an election under this subsection shall submit proof

20  of compliance with the applicable section to the clerk of the

21  court. For the purposes of this subsection, proof of

22  compliance consists of a valid driver's license or a valid

23  registration certificate.

24         (9)  Any person who is cited for an infraction under

25  this section other than a violation of s. 320.0605(1), s.

26  320.07(3)(a), s. 322.065, s. 322.15(1), s. 322.61, or s.

27  322.62 may, in lieu of a court appearance, elect to attend in

28  the location of his or her choice within this state a basic

29  driver improvement course approved by the Department of

30  Highway Safety and Motor Vehicles. In such a case,

31  adjudication must be withheld; points, as provided by s.


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  1  322.27, may not be assessed; and the civil penalty that is

  2  imposed by s. 318.18(3) must be reduced by 18 percent;

  3  however, a person may not make an election under this

  4  subsection if the person has made an election under this

  5  subsection in the preceding 12 months. A person may make no

  6  more than five elections under this subsection. The

  7  requirement for community service under s. 318.18(8)(7) is not

  8  waived by a plea of nolo contendere or by the withholding of

  9  adjudication of guilt by a court.

10         (10)(a)  Any person cited for an offense listed under

11  this subsection may, in lieu of payment of fine or court

12  appearance, elect to enter a plea of nolo contendere and

13  provide proof of compliance to the clerk of the court or

14  authorized operator of a traffic violations bureau. In such

15  case, adjudication shall be withheld; however, no election

16  shall be made under this subsection if such person has made an

17  election under this subsection in the 12 months preceding

18  election hereunder.  No person may make more than three

19  elections under this subsection.  This subsection applies to

20  the following offenses:

21         1.  Operating a motor vehicle without a valid driver's

22  license in violation of the provisions of s. 322.03, s.

23  322.065, or s. 322.15(1), or operating a motor vehicle with a

24  license which has been suspended for failure to appear,

25  failure to pay civil penalty, or failure to attend a driver

26  improvement course pursuant to s. 322.291.

27         2.  Operating a motor vehicle without a valid

28  registration in violation of s. 320.0605, or s. 320.07, or s.

29  320.131.

30         3.  Operating a motor vehicle in violation of s.

31  316.646.


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  1         (b)  Any person cited for an offense listed in this

  2  subsection shall present proof of compliance prior to the

  3  scheduled court appearance date. For the purposes of this

  4  subsection, proof of compliance shall consist of a valid,

  5  renewed, or reinstated driver's license or registration

  6  certificate and proper proof of maintenance of security as

  7  required by s. 316.646. Notwithstanding waiver of fine, any

  8  person establishing proof of compliance shall be assessed

  9  court costs of $22, except that a person charged with

10  violation of s. 316.646(1)-(3) may be assessed court costs of

11  $7. One dollar of such costs shall be distributed to the

12  Department of Children and Family Health and Rehabilitative

13  Services for deposit into the Child Welfare Training Trust

14  Fund.  One dollar of such costs shall be distributed to the

15  Department of Juvenile Justice for deposit into the Juvenile

16  Justice Training Trust Fund. Twelve dollars of such costs

17  shall be distributed to the municipality and $8 shall be

18  retained by the county, if the offense was committed within

19  the municipality.  If the offense was committed in an

20  unincorporated area of a county or if the citation was for a

21  violation of s. 316.646(1)-(3), the county shall retain the

22  entire amount, except for the moneys to be deposited into the

23  Child Welfare Training Trust Fund and the Juvenile Justice

24  Training Trust Fund.  This subsection shall not be construed

25  to authorize the operation of a vehicle without a valid

26  driver's license, without a valid vehicle tag and

27  registration, or without the maintenance of required security.

28         Section 250.  Subsection (2) of section 318.1451,

29  Florida Statutes, is amended to read:

30         318.1451  Driver improvement schools.--

31


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  1         (2)  In determining whether to approve the courses

  2  referenced in this section, the department shall consider

  3  course content designed to promote safety, driver awareness,

  4  crash accident avoidance techniques, and other factors or

  5  criteria to improve driver performance from a safety

  6  viewpoint.

  7         Section 251.  Section 318.17, Florida Statutes, is

  8  amended to read:

  9         318.17  Offenses excepted.--No provision of this

10  chapter is available to a person who is charged with any of

11  the following offenses:

12         (1)  Fleeing or attempting to elude a police officer,

13  in violation of s. 316.1935;

14         (2)  Leaving the scene of a crash an accident, in

15  violation of ss. 316.027 and 316.061;

16         (3)  Driving, or being in actual physical control of,

17  any vehicle while under the influence of alcoholic beverages,

18  any chemical substance set forth in s. 877.111, or any

19  substance controlled under chapter 893, in violation of s.

20  316.193, or driving with an unlawful blood-alcohol level;

21         (4)  Reckless driving, in violation of s. 316.192;

22         (5)  Making false crash accident reports, in violation

23  of s. 316.067;

24         (6)  Willfully failing or refusing to comply with any

25  lawful order or direction of any police officer or member of

26  the fire department, in violation of s. 316.072(3);

27         (7)  Obstructing an officer, in violation of s.

28  316.545(1); or

29         (8)  Any other offense in chapter 316 which is

30  classified as a criminal violation.

31


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  1         Section 252.  Subsection (1) of section 318.18, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         318.18  Amount of civil penalties.--The penalties

  4  required for a noncriminal disposition pursuant to s. 318.14

  5  are as follows:

  6         (1)  Fifteen dollars for:

  7         (a)  All infractions of pedestrian regulations.,

  8         (b)  All infractions of s. 316.2065, unless otherwise

  9  specified. and

10         (c)  Other violations of chapter 316 by persons 14

11  years of age or under who are operating bicycles, regardless

12  of the noncriminal traffic infraction's classification.

13         Section 253.  Section 318.19, Florida Statutes, is

14  amended to read:

15         318.19  Infractions requiring a mandatory hearing.--Any

16  person cited for the infractions listed in this section shall

17  not have the provisions of s. 318.14(2), (4), and (9)

18  available to him or her but must appear before the designated

19  official at the time and location of the scheduled hearing:

20         (1)  Any infraction which results in a crash an

21  accident that causes the death of another; or

22         (2)  Any infraction which results in a crash an

23  accident that causes "serious bodily injury" of another as

24  defined in s. 316.1933(1); or

25         (3)  Any infraction of s. 316.172(1)(b).

26         Section 254.  Subsections (4) and (7) of section

27  318.21, Florida Statutes, 1998 Supplement, are amended to

28  read:

29         318.21  Disposition of civil penalties by county

30  courts.--All civil penalties received by a county court

31


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  1  pursuant to the provisions of this chapter shall be

  2  distributed and paid monthly as follows:

  3         (4)  Of the additional fine assessed under s.

  4  318.18(3)(e)(d) for a violation of s. 316.1301, 40 percent

  5  must be deposited into the Grants and Donations Trust Fund of

  6  the Division of Blind Services of the Department of Labor and

  7  Employment Security, and 60 percent must be distributed

  8  pursuant to subsections (1) and (2) of this section.

  9         (7)  For fines assessed under s. 318.18(3) for unlawful

10  speed, the following amounts must be deducted and deposited

11  into the Nongame Wildlife Trust Fund:

12

13  For speed exceeding the limit by:                        Fine:

14  1-5 m.p.h.............................................. $  .00

15  61-9 m.p.h..............................................$  .25

16  10-14 m.p.h.............................................$ 3.00

17  15-19 m.p.h.............................................$ 4.00

18  20-29 m.p.h.............................................$ 5.00

19  30 m.p.h. and above.....................................$10.00

20

21  The remaining amount must be distributed pursuant to

22  subsections (1) and (2).

23         Section 255.  Subsection (1) of section 318.32, Florida

24  Statutes, is amended to read:

25         318.32  Jurisdiction; limitations.--

26         (1)  Hearing officers shall be empowered to accept

27  pleas from and decide the guilt or innocence of any person,

28  adult or juvenile, charged with any civil traffic infraction

29  and shall be empowered to adjudicate or withhold adjudication

30  of guilt in the same manner as a county court judge under the

31


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  1  statutes, rules, and procedures presently existing or as

  2  subsequently amended, except that hearing officers shall not:

  3         (a)  Have the power to hold a defendant in contempt of

  4  court, but shall be permitted to file a motion for order of

  5  contempt with the appropriate state trial court judge;

  6         (b)  Hear a case involving a crash an accident

  7  resulting in injury or death; or

  8         (c)  Hear a criminal traffic offense case or a case

  9  involving a civil traffic infraction issued in conjunction

10  with a criminal traffic offense.

11         Section 256.  Section 318.39, Florida Statutes, is

12  repealed.

13         Section 257.  Paragraph (b) of subsection (2) of

14  section 319.28, Florida Statutes, is amended to read:

15         319.28  Transfer of ownership by operation of law.--

16         (2)

17         (b)  In case of repossession of a motor vehicle or

18  mobile home pursuant to the terms of a security agreement or

19  similar instrument, an affidavit by the party to whom

20  possession has passed stating that the vehicle or mobile home

21  was repossessed upon default in the terms of the security

22  agreement or other instrument shall be considered satisfactory

23  proof of ownership and right of possession.  At least 5 days

24  prior to selling the repossessed vehicle, any subsequent

25  lienholder named in the last issued certificate of title shall

26  be sent notice of the repossession by certified mail, on a

27  form prescribed by the department.  If such notice is given

28  and no written protest to the department is presented by a

29  subsequent lienholder within 15 days from the date on which

30  the notice was mailed, the certificate of title or the

31  certificate of repossession shall be issued showing no liens.


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  1  If the former owner or any subsequent lienholder files a

  2  written protest under oath within such 15-day period, the

  3  department shall not issue the certificate of title or

  4  certificate of repossession for 10 days thereafter.  If within

  5  the 10-day period no injunction or other order of a court of

  6  competent jurisdiction has been served on the department

  7  commanding it not to deliver the certificate of title or

  8  certificate of repossession, the department shall deliver the

  9  certificate of title or repossession to the applicant or as

10  may otherwise be directed in the application showing no other

11  liens than those shown in the application.  Any lienholder who

12  has repossessed a vehicle in compliance with the provisions of

13  this section may apply to the tax collector's office or to the

14  department for a certificate of repossession or to the

15  department for a certificate of title pursuant to s. 319.323.

16  Proof of the required notice to subsequent lienholders shall

17  be submitted together with regular title fees.  A lienholder

18  to whom a certificate of repossession has been issued may

19  assign the certificate of title to the subsequent owner. Any

20  person found guilty of violating any requirements of this

21  paragraph shall be guilty of a felony of the third degree,

22  punishable as provided in s. 775.082, s. 775.083, or s.

23  775.084.

24         Section 258.  Paragraph (d) of subsection (1) of

25  section 319.33, Florida Statutes, is amended to read:

26         319.33  Offenses involving vehicle identification

27  numbers, applications, certificates, papers; penalty.--

28         (1)  It is unlawful:

29         (d)  To possess, sell or offer for sale, conceal, or

30  dispose of in this state a motor vehicle or mobile home, or

31  major component part thereof, on which the motor number or


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  1  vehicle identification number has been destroyed, removed,

  2  covered, altered, or defaced, with knowledge of such

  3  destruction, removal, covering, alteration, or defacement,

  4  except as provided in s. 319.30(4)(3).

  5         Section 259.  Subsection (12) of section 320.02,

  6  Florida Statutes, is amended to read:

  7         320.02  Registration required; application for

  8  registration; forms.--

  9         (12)  The department is authorized to withhold

10  registration or reregistration of any motor vehicle if the

11  owner, or one of the coowners of the vehicle, has a driver's

12  license which is under suspension for the failure to remit

13  payment of any fines levied in this state pursuant to chapter

14  318 or chapter 322. The department shall design and implement

15  a program to accomplish this action by June 1, 1992.  However,

16  nothing in this subsection shall be construed to prohibit the

17  department from withholding registration or renewal for a

18  similar situation during the interim.

19         Section 260.  Subsections (7) and (8) of section

20  320.03, Florida Statutes, 1998 Supplement, are amended to

21  read:

22         320.03  Registration; duties of tax collectors;

23  International Registration Plan.--

24         (7)  The Department of Highway Safety and Motor

25  Vehicles shall register apportioned motor vehicles under the

26  provisions of the International Registration Plan.

27  Implementation of the plan shall occur by July 1, 1986, for

28  the 1986-1987 registration period.  The department may adopt

29  rules to implement and enforce the provisions of the plan.

30         (8)  If the applicant's name appears on the list

31  referred to in s. 316.1001(4)(5) or s. 316.1967(6), a license


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  1  plate or revalidation sticker may not be issued until that

  2  person's name no longer appears on the list or until the

  3  person presents a receipt from the clerk showing that the

  4  fines outstanding have been paid. The tax collector and the

  5  clerk of the court are each entitled to receive monthly, as

  6  costs for implementing and administering this subsection, 10

  7  percent of the civil penalties and fines recovered from such

  8  persons. If the tax collector has private tag agents, such tag

  9  agents are entitled to receive a pro rata share of the amount

10  paid to the tax collector, based upon the percentage of

11  license plates and revalidation stickers issued by the tag

12  agent compared to the total issued within the county. The

13  authority of any private agent to issue license plates shall

14  be revoked, after notice and a hearing as provided in chapter

15  120, if he or she issues any license plate or revalidation

16  sticker contrary to the provisions of this subsection. This

17  section applies only to the annual renewal in the owner's

18  birth month of a motor vehicle registration and does not apply

19  to the transfer of a registration of a motor vehicle sold by a

20  motor vehicle dealer licensed under this chapter, except for

21  the transfer of registrations which is inclusive of the annual

22  renewals. This section does not affect the issuance of the

23  title to a motor vehicle, notwithstanding s. 319.23(7)(b).

24         Section 261.  Section 320.031, Florida Statutes, is

25  amended to read:

26         320.031  Mailing of registration certificates, license

27  plates, and validation stickers.--

28         (1)  The department and the tax collectors of the

29  several counties of the state may at the request of the

30  applicant use United States mail service to deliver

31  registration certificates and renewals thereof, license


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  1  plates, mobile home stickers, and validation stickers to

  2  applicants.

  3         (2)  A mail service charge may be collected for each

  4  registration certificate, license plate, mobile home sticker,

  5  and validation sticker mailed by the department or any tax

  6  collector. Each registration certificate, license plate,

  7  mobile home sticker, and validation sticker shall be mailed by

  8  first-class mail unless otherwise requested by the applicant.

  9  The amount of the mail service charge shall be the actual

10  postage required, rounded to the nearest 5 cents, plus a

11  25-cent handling charge.  The mail service charge is in

12  addition to the service charge provided by s. 320.04.

13         (3)  The department is authorized to reproduce such

14  documents, records, and reports as required to meet the

15  requirements of the law and the needs of the public, either by

16  photographing, microphotographing, or reproducing on film the

17  document, record, or report, or by using an electronic

18  digitizing process capable of reproducing a true and correct

19  image of the original source document. The photographs,

20  microphotographs, or electronic digitized copy of any records

21  made in compliance with the provisions of this section shall

22  have the same force and effect as the originals thereof and

23  shall be treated as originals for the purpose of their

24  admissibility into evidence. Duly certified or authenticated

25  reproductions of such photographs, microphotographs, or

26  electronically digitized records shall be admitted into

27  evidence equally with the original photographs,

28  microphotographs, or electronically digitized records.

29         Section 262.  Subsections (1) and (5) of section

30  320.055, Florida Statutes, are amended to read:

31


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  1         320.055  Registration periods; renewal periods.--The

  2  following registration periods and renewal periods are

  3  established:

  4         (1)  For a motor vehicle subject to registration under

  5  s. 320.08(1), (2), (3)(a), (b), (c), (d), or (e), (5)(b), (c),

  6  (d), or (f) (e), (6)(a), (7), (8), (9), or (10) and owned by a

  7  natural person, the registration period begins the first day

  8  of the birth month of the owner and ends the last day of the

  9  month immediately preceding the owner's birth month in the

10  succeeding year.  If such vehicle is registered in the name of

11  more than one person, the birth month of the person whose name

12  first appears on the registration shall be used to determine

13  the registration period.  For a vehicle subject to this

14  registration period, the renewal period is the 30-day period

15  ending at midnight on the vehicle owner's date of birth.

16         (5)  For a vehicle subject to registration under s.

17  320.08(4), (5)(a)1., (e), or (6)(b), or (14), the registration

18  period shall be a period of 12 months beginning in a month

19  designated by the department and ending on the last day of the

20  12th month.  For a vehicle subject to this registration

21  period, the renewal period is the last month of the

22  registration period. The registration period may be shortened

23  or extended at the discretion of the department, on receipt of

24  the appropriate prorated fees, in order to evenly distribute

25  such registrations on a monthly basis.

26         Section 263.  Paragraph (b) of subsection (1) and

27  paragraph (a) of subsection (3) of section 320.06, Florida

28  Statutes, are amended to read:

29         320.06  Registration certificates, license plates, and

30  validation stickers generally.--

31         (1)


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  1         (b)  Registration license plates bearing a graphic

  2  symbol and the alphanumeric system of identification shall be

  3  issued for a 5-year period. At the end of said 5-year period,

  4  upon renewal, the plate shall be replaced and the department

  5  shall determine the replacement date for plates issued prior

  6  to October 1, 1985.  The fee for such replacement shall be

  7  $10, $2 of which shall be paid each year before the plate is

  8  replaced, to be credited towards the next $10 replacement fee.

  9  The fees shall be deposited into the Highway Safety Operating

10  Trust Fund.  A credit or refund shall not be given for any

11  prior years' payments of such prorated replacement fee when

12  the plate is replaced or surrendered before the end of the

13  5-year period.  With each license plate, there shall be issued

14  a validation sticker showing the owner's birth month or the

15  appropriate renewal period if the owner is not a natural

16  person. This validation sticker shall be placed on the upper

17  left corner of the license plate and shall be issued one time

18  during the life of the license plate, or upon request when it

19  has been damaged or destroyed.  There shall also be issued

20  with each license plate a serially numbered validation sticker

21  showing the year of expiration, which sticker shall be placed

22  on the upper right corner of the license plate.  Such license

23  plate and validation stickers shall be issued based on the

24  applicant's appropriate renewal period.  The registration

25  period shall be a period of 12 months, and all expirations

26  shall occur based on the applicant's appropriate registration

27  period.  A vehicle with an apportioned registration shall be

28  issued an annual license plate and a cab card that denote the

29  declared gross vehicle weight for each apportioned

30  jurisdiction in which the vehicle is authorized to operate.

31


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  1         (3)(a)  Registration license plates shall be of metal

  2  specially treated with a retroreflective material, as

  3  specified by the department. The registration license plate is

  4  designed to increase nighttime visibility and legibility and

  5  shall be at least 6 inches wide and not less than 12 inches in

  6  length, unless a plate with reduced dimensions is deemed

  7  necessary by the department to accommodate motorcycles,

  8  mopeds, or similar smaller vehicles. Validation stickers shall

  9  be treated with a retroreflective material, shall be of such

10  size as specified by the department, and shall adhere to the

11  license plate. The registration license plate shall be

12  imprinted with a combination of bold letters and numerals or

13  numerals, not to exceed seven digits, to identify the

14  registration license plate number. The license plate shall

15  also be imprinted with the word "Florida" at the top and the

16  name of the county in which it is sold at the bottom, except

17  that apportioned license plates shall have the word

18  "Apportioned" at the bottom and license plates issued for

19  vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or

20  (c), (12), or (14) shall have the word "Restricted" at the

21  bottom. License plates issued for vehicles taxed under s.

22  320.08(12) must be imprinted with the word "Florida" at the

23  top and the word "Dealer" at the bottom., except that

24  gross-vehicle-weight vehicles owned by a licensed motor

25  vehicle dealer may be issued a license plate with the word

26  "Restricted."  License plates issued for vehicles taxed under

27  s. 320.08(5)(d) or (e) must be imprinted with the word

28  "Wrecker" at the bottom.  Any county may, upon majority vote

29  of the county commission, elect to have the county name

30  removed from the license plates sold in that county. The words

31  "Sunshine State" shall be printed in lieu thereof.  In those


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  1  counties where the county commission has not removed the

  2  county name from the license plate, the tax collector may, in

  3  addition to issuing license plates with the county name

  4  printed on the license plate, also issue license plates with

  5  the words "Sunshine State" printed on the license plate

  6  subject to the approval of the department and a legislative

  7  appropriation for the additional license plates.  A license

  8  plate issued for a vehicle taxed under s. 320.08(6) may not be

  9  assigned a registration license number, or be issued with any

10  other distinctive character or designation, that distinguishes

11  the motor vehicle as a for-hire motor vehicle.

12         Section 264.  Subsection (1) of section 320.0601,

13  Florida Statutes, is amended to read:

14         320.0601  Rental car companies; identification of

15  vehicles as for-hire.--

16         (1)  Effective September 1, 1993, A rental car company

17  may not rent in this state any for-hire vehicle, other than

18  vehicles designed to transport cargo, that has affixed to its

19  exterior any bumper stickers, insignias, or advertising that

20  identifies the vehicle as a rental vehicle.

21         Section 265.  Section 320.0605, Florida Statutes, is

22  amended to read:

23         320.0605  Certificate of registration; possession

24  required; exception.--The registration certificate or an

25  official copy thereof, a true copy of a rental or lease

26  agreement issued for a motor vehicle or issued for a

27  replacement vehicle in the same registration period, or a cab

28  card issued for a vehicle registered under the International

29  Registration Plan shall, at all times while the vehicle is

30  being used or operated on the roads of this state, be in the

31  possession of the operator thereof or be carried in the


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  1  vehicle for which issued and shall be exhibited upon demand of

  2  any authorized law enforcement officer or any agent of the

  3  department. The provisions of this section do not apply during

  4  the first 30 days after purchase of a replacement vehicle. A

  5  violation of this section is a noncriminal traffic infraction,

  6  punishable as a nonmoving violation as provided in chapter

  7  318.

  8         Section 266.  Paragraph (a) of subsection (3) of

  9  section 320.07, Florida Statutes, is amended to read:

10         320.07  Expiration of registration; annual renewal

11  required; penalties.--

12         (3)  The operation of any motor vehicle without having

13  attached thereto a registration license plate and validation

14  stickers, or the use of any mobile home without having

15  attached thereto a mobile home sticker, for the current

16  registration period shall subject the owner thereof, if he or

17  she is present, or, if the owner is not present, the operator

18  thereof to the following penalty provisions:

19         (a)  Any person whose motor vehicle or mobile home

20  registration has been expired for a period of 6 months or less

21  commits a noncriminal traffic infraction, punishable as a

22  nonmoving violation as provided in chapter 318 shall be

23  subject to the penalty provided in s. 318.14.

24         Section 267.  Section 320.073, Florida Statutes, is

25  repealed.

26         Section 268.  Section 320.0802, Florida Statutes, is

27  amended to read:

28         320.0802  Surcharge on license tax.--During the period

29  January 1, 1989, through December 31, 2003, there is hereby

30  levied and imposed on each license tax imposed under s.

31  320.08, except those set forth in s. 320.08(11), a surcharge


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  1  in the amount of $1, which shall be collected in the same

  2  manner as the license tax and deposited into the State Agency

  3  Law Enforcement Radio System Trust Fund of the Department of

  4  Management Services. However, the surcharge shall be

  5  terminated on midnight December 31, 1994, unless the pilot

  6  project established in s. 282.1095 is deemed successful by the

  7  joint task force with the concurrence of the Governor and

  8  Cabinet as the head of the Department of Management Services

  9  General Services.

10         Section 269.  Paragraph (b) of subsection (1) and

11  paragraph (b) of subsection (7) of section 320.08058, Florida

12  Statutes, 1998 Supplement, are amended to read:

13         320.08058  Specialty license plates.--

14         (1)  MANATEE LICENSE PLATES.--

15         (b)1.  The manatee license plate annual use fee must be

16  deposited into the Save the Manatee Trust Fund, created within

17  the Department of Environmental Protection.  The funds

18  deposited in the Save the Manatee Trust Fund may be used only

19  for manatee-related environmental education; manatee research;

20  facilities, as provided in s. 370.12(4)(b)(5)(b); and manatee

21  protection and recovery.

22         2.  For fiscal year 1996-1997, 25 percent of the

23  manatee license plate annual use fee must be deposited into

24  the Save the Manatee Trust Fund within the Department of

25  Environmental Protection and shall be used for manatee

26  facilities as provided in s. 370.12(5)(b).

27         (7)  FLORIDA SPECIAL OLYMPICS LICENSE PLATES.--

28         (b)  The license plate annual use fees are to be

29  annually distributed as follows:

30         1.  The first $5 million collected annually must be

31  forwarded to the private nonprofit corporation Florida


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  1  Developmental Disabilities Planning Council as described in s.

  2  393.002 393.001 and must be used solely for Special Olympics

  3  purposes as approved by the private nonprofit corporation

  4  council.

  5         2.  Any additional fees must be deposited into the

  6  General Revenue Fund.

  7         Section 270.  Section 320.08062, Florida Statutes, 1998

  8  Supplement, is amended to read:

  9         320.08062  Audits required; annual use fees of

10  specialty special license plates.--

11         (1)(a)  All organizations that receive annual use fee

12  proceeds from the department are responsible for ensuring that

13  proceeds are used in accordance with ss. 320.08056 and

14  320.08058.

15         (b)  All organizational recipients of any specialty

16  license plate annual use fee authorized in this chapter, not

17  otherwise subject to annual audit by the Office of the Auditor

18  General, shall submit an annual audit of the expenditures of

19  annual use fees and interest earned from these fees, to

20  determine if expenditures are being made in accordance with

21  the specifications outlined by law.  The audit shall be

22  prepared by a certified public accountant licensed under

23  chapter 473 at that organizational recipient's expense.  The

24  notes to the financial statements should state whether

25  expenditures were made in accordance with ss. 320.08056 and

26  320.08058.

27         (c)  In lieu of an annual audit, any organization

28  receiving less than $25,000 in annual use fee proceeds

29  directly from the department, or from another state agency,

30  may annually report, under penalties of perjury, that such

31  proceeds were used in compliance with ss. 320.08056 and


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  1  320.08058. The attestation shall be made annually in a form

  2  and format determined by the department.

  3         (d)  The annual audit or report shall be submitted to

  4  the department for review within 180 days after the end of the

  5  organization's fiscal year.

  6         (2)  Within 90 days after receiving an organization's

  7  audit or report, the department shall determine which

  8  recipients of revenues from specialty license plate annual use

  9  fees have not complied with subsection (1). If the department

10  determines that an organization has not complied or has failed

11  to use the revenues in accordance with ss. 320.08056 and

12  320.08058, the department must discontinue the distribution of

13  the revenues to the organization until the department

14  determines that the organization has complied. If an

15  organization fails to comply within 12 months after the annual

16  use fee proceeds are withheld by the department, the proceeds

17  shall be deposited into the Highway Safety Operating Trust

18  Fund to offset department costs related to the issuance of

19  specialty license plates.

20         (3)  The Auditor General and the department have the

21  authority to examine all records pertaining to the use of

22  funds from the sale of specialty license plates.

23         Section 271.  Paragraph (c) of subsection (2) of

24  section 320.0848, Florida Statutes, 1998 Supplement, is

25  amended to read:

26         320.0848  Persons who have disabilities; issuance of

27  disabled parking permits; temporary permits; permits for

28  certain providers of transportation services to persons who

29  have disabilities.--

30         (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM

31  MOBILITY PROBLEMS.--


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  1         (c)1.  Except as provided in subparagraph 2., the fee

  2  for a disabled parking permit shall be:

  3         a.  Fifteen dollars for each initial 4-year permit or

  4  renewal permit, of which the State Transportation Trust Fund

  5  shall receive $13.50 and the tax collector of the county in

  6  which the fee was collected shall receive $1.50.

  7         b.  One dollar for each additional or additional

  8  renewal 4-year permit, of which the State Transportation Trust

  9  Fund shall receive all funds collected.

10

11  The department shall not issue an additional disabled parking

12  permit unless the applicant states that they are a frequent

13  traveler or a quadriplegic. The department may not issue to

14  any one eligible applicant more than two disabled parking

15  permits except to an organization in accordance with paragraph

16  (1)(e)(d). Subsections (1), (5), (6), and (7) apply to this

17  subsection.

18         2.  If an applicant who is a disabled veteran, is a

19  resident of this state, has been honorably discharged, and

20  either has been determined by the Department of Defense or the

21  United States Department of Veterans Affairs or its

22  predecessor to have a service-connected disability rating for

23  compensation of 50 percent or greater or has been determined

24  to have a service-connected disability rating of 50 percent or

25  greater and is in receipt of both disability retirement pay

26  from the United States Department of Veterans Affairs and has

27  a signed physician's statement of qualification for the

28  disabled parking permits, the fee for a disabled parking

29  permit shall be:

30         a.  One dollar and fifty cents for the initial 4-year

31  permit or renewal permit.


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  1         b.  One dollar for each additional or additional

  2  renewal 4-year permit.

  3

  4  The tax collector of the county in which the fee was collected

  5  shall retain all funds received pursuant to this subparagraph.

  6         3.  If an applicant presents to the department a

  7  statement from the Federal Government or the State of Florida

  8  indicating the applicant is a recipient of supplemental

  9  security income, the fee for the disabled parking permit shall

10  be $9 for the initial 4-year permit or renewal permit, of

11  which the State Transportation Trust Fund shall receive $6.75

12  and the tax collector of the county in which the fee was

13  collected shall receive $2.25.

14         Section 272.  Section 320.087, Florida Statutes, is

15  amended to read:

16         320.087  Intercity buses operated in interstate

17  commerce; tax.--All intercity motor buses owned or operated by

18  residents or nonresidents of this state in interstate commerce

19  or combined interstate and intrastate commerce as a result of

20  which operation such motor buses operate both within and

21  without this state under the authority of the United States

22  Department of Transportation Interstate Commerce Commission,

23  are subject to motor vehicle license taxes on a basis

24  commensurate with the use of Florida roads.  The department

25  shall require the registration in this state of that

26  percentage of intercity motor buses operating in interstate

27  commerce or combined interstate-intrastate commerce, into or

28  through this state, which the actual mileage operated in this

29  state bears to the total mileage all such intercity motor

30  buses are operated both within and without this state.  Such

31  percentage figure, so determined, is the "Florida mileage


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  1  factor."  In determining the state license tax to be paid on

  2  the buses actually operated in this state under the foregoing

  3  method, the department shall first compute the amount that the

  4  state license tax would be if all of such buses were in fact

  5  subject to such tax, and then apply to that amount the Florida

  6  mileage factor.

  7         Section 273.  Section 320.1325, Florida Statutes, is

  8  amended to read:

  9         320.1325  Registration required for the temporarily

10  employed.--Motor vehicles owned or leased by persons who are

11  temporarily employed within the state but are not residents

12  are required to be registered. The department shall provide a

13  temporary registration plate and a registration certificate

14  valid for 90 days to an applicant who is temporarily employed

15  in the state. The temporary registration plate may be renewed

16  one time for an additional 90-day period. At the end of the

17  180-day period of temporary registration, the applicant shall

18  apply for a permanent registration if there is a further need

19  to remain in this state. A temporary license registration

20  plate may not be issued for any commercial motor vehicle as

21  defined in s. 320.01. The fee for the 90-day temporary

22  registration plate shall be $40 plus the applicable service

23  charge required by s. 320.04. Subsequent permanent

24  registration and titling of a vehicle registered hereunder

25  shall subject the applicant to the fees required by s. ss.

26  319.231 and 320.072, in addition to all other taxes and fees

27  required.

28         Section 274.  Paragraph (b) of subsection (5) of

29  section 320.20, Florida Statutes, is amended to read:

30         320.20  Disposition of license tax moneys.--The revenue

31  derived from the registration of motor vehicles, including any


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  1  delinquent fees and excluding those revenues collected and

  2  distributed under the provisions of s. 320.081, must be

  3  distributed monthly, as collected, as follows:

  4         (5)

  5         (b)  Beginning July 1, 1989, The State Comptroller each

  6  month shall deposit in the State Transportation Trust Fund an

  7  amount, drawn from other funds in the State Treasury which are

  8  not immediately needed or are otherwise in excess of the

  9  amount necessary to meet the requirements of the State

10  Treasury, which when added to such remaining revenues each

11  month will equal one-twelfth of the amount of the anticipated

12  annual revenues to be deposited in the State Transportation

13  Trust Fund under paragraph (a) as estimated by the most recent

14  revenue estimating conference held pursuant to s. 216.136(3).

15  The transfers required hereunder may be suspended by action of

16  the Administration Commission in the event of a significant

17  shortfall of state revenues.

18         Section 275.  Subsection (4) of section 320.8255,

19  Florida Statutes, is amended to read:

20         320.8255  Mobile home inspection.--

21         (4)  The department shall determine fees for special

22  inspections and for the label seal authorized under s. 320.827

23  which are sufficient to cover the cost of inspection and

24  administration under this section.  Fees collected shall be

25  deposited into the General Revenue Fund.

26         Section 276.  Section 320.8256, Florida Statutes, is

27  repealed.

28         Section 277.  Subsections (2) and (4) of section

29  321.051, Florida Statutes, 1998 Supplement, are amended to

30  read:

31


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  1         321.051  Florida Highway Patrol wrecker operator

  2  system; penalties for operation outside of system.--

  3         (2)  The Division of Florida Highway Patrol of the

  4  Department of Highway Safety and Motor Vehicles is authorized

  5  to establish within areas designated by the patrol a wrecker

  6  operator system using qualified, reputable wrecker operators

  7  for removal and storage of wrecked or disabled vehicles from a

  8  crash an accident scene or for removal and storage of

  9  abandoned vehicles, in the event the owner or operator is

10  incapacitated or unavailable or leaves the procurement of

11  wrecker service to the officer at the scene.  All reputable

12  wrecker operators shall be eligible for use in the system

13  provided their equipment and drivers meet recognized safety

14  qualifications and mechanical standards set by rules of the

15  Division of Florida Highway Patrol for the size of vehicle it

16  is designed to handle. The division is authorized to limit the

17  number of wrecker operators participating in the wrecker

18  operator system, which authority shall not affect wrecker

19  operators currently participating in the system established by

20  this section. The division is authorized to establish maximum

21  rates for the towing and storage of vehicles removed at the

22  division's request, where such rates have not been set by a

23  county or municipality pursuant to s. 125.0103 or s. 166.043.

24  Such rates shall not be considered rules for the purpose of

25  chapter 120; however, the department shall establish by rule a

26  procedure for setting such rates.  Any provision in chapter

27  120 to the contrary notwithstanding, a final order of the

28  department denying, suspending, or revoking a wrecker

29  operator's participation in the system shall be reviewable in

30  the manner and within the time provided by the Florida Rules

31  of Appellate Procedure only by a writ of certiorari issued by


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  1  the circuit court in the county wherein such wrecker operator

  2  resides.

  3         (4)  This section does not prohibit, or in any way

  4  prevent, the owner or operator of a vehicle involved in a

  5  crash an accident or otherwise disabled from contacting any

  6  wrecker operator for the provision of towing services, whether

  7  the wrecker operator is an authorized wrecker operator or not.

  8         Section 278.  Subsection (2) of section 321.23, Florida

  9  Statutes, is amended to read:

10         321.23  Public records; fees for copies; destruction of

11  obsolete records; photographing records; effect as evidence.--

12         (2)  Fees for copies of public records shall be charged

13  and collected as follows:

14         (a)  For a crash an accident report, a copy..........$2

15         (b)  For a homicide report, a copy..................$25

16         (c)  Photographs (accidents, etc.):

17

18  Enlargement                           Color            Black

19         Proof                                          & White

20

21         1.  5" x 7"                    $1.00            $0.75

22         2.  8" x 10"                   $1.50            $1.00

23         3.  11" x 14"              Not Available        $1.75

24         4.  16" x 20"              Not Available        $2.75

25         5.  20" x 24"              Not Available        $3.75

26

27         (d)  The department shall furnish such information

28  without charge to any local, state, or federal law enforcement

29  agency upon proof satisfactory to the department as to the

30  purpose of the investigation.

31


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  1         Section 279.  Sections 321.06, 321.07, 321.09, 321.12,

  2  321.15, 321.17, 321.18, 321.19, 321.191, 321.20, 321.201,

  3  321.202, 321.203, 321.21, 321.22, 321.2205, 321.221, 321.222,

  4  and 321.223, Florida Statutes, are repealed.

  5         Section 280.  Section 322.0261, Florida Statutes, is

  6  amended to read:

  7         322.0261  Mandatory driver improvement course; certain

  8  crashes accidents.--

  9         (1)  The department shall screen crash accident reports

10  received under s. 316.066 or s. 324.051 to identify crashes

11  accidents involving the following:

12         (a)  A crash An accident involving death or a bodily

13  injury requiring transport to a medical facility; or

14         (b)  A second crash accident by the same operator

15  within the previous 2-year period involving property damage in

16  an apparent amount of at least $500.

17         (2)  With respect to an operator convicted of, or who

18  pleaded nolo contendere to, a traffic offense giving rise to a

19  crash an accident identified pursuant to subsection (1), the

20  department shall require that the operator, in addition to

21  other applicable penalties, attend a departmentally approved

22  driver improvement course in order to maintain driving

23  privileges. If the operator fails to complete the course

24  within 90 days of receiving notice from the department, the

25  operator's driver's license shall be canceled by the

26  department until the course is successfully completed.

27         (3)  In determining whether to approve a driver

28  improvement course for the purposes of this section, the

29  department shall consider course content designed to promote

30  safety, driver awareness, crash accident avoidance techniques,

31


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  1  and other factors or criteria to improve driver performance

  2  from a safety viewpoint.

  3         Section 281.  Subsection (2) of section 322.055,

  4  Florida Statutes, is amended to read:

  5         322.055  Revocation or suspension of, or delay of

  6  eligibility for, driver's license for persons 18 years of age

  7  or older convicted of certain drug offenses.--

  8         (2)  If a person 18 years of age or older is convicted

  9  for the possession or sale of, trafficking in, or conspiracy

10  to possess, sell, or traffic in a controlled substance and

11  such person is eligible by reason of age for a driver's

12  license or privilege, the court shall direct the department to

13  withhold issuance of such person's driver's license or driving

14  privilege for a period of 2 years after the date the person

15  was convicted or until the person is evaluated for and, if

16  deemed necessary by the evaluating agency, completes a drug

17  treatment and rehabilitation program approved or regulated by

18  the Department of Children and Family and Rehabilitative

19  Services. However, the court may, in its sound discretion,

20  direct the department to issue a license for driving

21  privileges restricted to business or employment purposes only,

22  as defined by s. 322.271, if the person is otherwise qualified

23  for such a license. A driver whose license or driving

24  privilege has been suspended or revoked under this section or

25  s. 322.056 may, upon the expiration of 6 months, petition the

26  department for restoration of the driving privilege on a

27  restricted or unrestricted basis depending on the length of

28  suspension or revocation. In no case shall a restricted

29  license be available until 6 months of the suspension or

30  revocation period has expired.

31


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  1         Section 282.  Subsection (5) of section 322.08, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         322.08  Application for license.--

  4         (5)  After December 31, 1989, The department may not

  5  issue a driver's license to a person who has never been issued

  6  a driver's license in any jurisdiction until he or she

  7  successfully completes the traffic law and substance abuse

  8  education course prescribed in s. 322.095.

  9         Section 283.  Subsection (2) of section 322.12, Florida

10  Statutes, is amended to read:

11         322.12  Examination of applicants.--

12         (2)  The department shall examine every applicant for a

13  driver's license, including an applicant who is licensed in

14  another state or country, except as otherwise provided in this

15  chapter. A person who holds a learner's driver's license as

16  provided for in s. 322.1615 s. 322.161 is not required to pay

17  a fee for successfully completing the examination showing his

18  or her ability to operate a motor vehicle as provided for

19  herein and need not pay the fee for a replacement license as

20  provided in s. 322.17(2).  Any person who applies for

21  reinstatement following the suspension or revocation of his or

22  her driver's license shall pay a service fee of $25 following

23  a suspension, and $50 following a revocation, which is in

24  addition to the fee for a license. Any person who applies for

25  reinstatement of a commercial driver's license following the

26  disqualification of his or her privilege to operate a

27  commercial motor vehicle shall pay a service fee of $50, which

28  is in addition to the fee for a license.  The department shall

29  collect all of these fees at the time of reinstatement.  The

30  department shall issue proper receipts for such fees and shall

31  promptly transmit all funds received by it as follows:


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  1         (a)  Of the $25 fee received from a licensee for

  2  reinstatement following a suspension, the department shall

  3  deposit $15 in the General Revenue Fund and the remaining $10

  4  in the Highway Safety Operating Trust Fund.

  5         (b)  Of the $50 fee received from a licensee for

  6  reinstatement following a revocation or disqualification, the

  7  department shall deposit $35 in the General Revenue Fund and

  8  the remaining $15 in the Highway Safety Operating Trust Fund.

  9

10  If the revocation or suspension of the driver's license was

11  for a violation of s. 316.193, or for refusal to submit to a

12  lawful breath, blood, or urine test, an additional fee of $105

13  must be charged.  However, only one such $105 fee is to be

14  collected from one person convicted of such violations arising

15  out of the same incident.  The department shall collect the

16  $105 fee and deposit it into the Highway Safety Operating

17  Trust Fund at the time of reinstatement of the person's

18  driver's license, but the fee must not be collected if the

19  suspension or revocation was overturned.

20         Section 284.  Subsection (3) of section 322.121,

21  Florida Statutes, is amended to read:

22         322.121  Periodic reexamination of all drivers.--

23         (3)  For each licensee whose driving record does not

24  show any revocations, disqualifications, or suspensions for

25  the preceding 7 years or any convictions for the preceding 3

26  years except for convictions of the following nonmoving

27  violations:

28         (a)  Failure to exhibit a vehicle registration

29  certificate, rental agreement, or cab card pursuant to s.

30  320.0605 s. 320.0605(1);

31


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  1         (b)  Failure to renew a motor vehicle or mobile home

  2  registration that has been expired for 4 months or less

  3  pursuant to s. 320.07(3)(a);

  4         (c)  Operating a motor vehicle with an expired license

  5  that has been expired for 4 months or less pursuant to s.

  6  322.065;

  7         (d)  Failure to carry or exhibit a license pursuant to

  8  s. 322.15(1); or

  9         (e)  Failure to notify the department of a change of

10  address or name within 10 days pursuant to s. 322.19,

11

12  the department shall cause such licensee's license to be

13  prominently marked with the notation "Safe Driver."

14         Section 285.  Paragraph (a) of subsection (2) of

15  section 322.141, Florida Statutes, is amended to read:

16         322.141  Color of licenses.--

17         (2)(a)  Effective January 1, 1990, All licenses for the

18  operation of motor vehicles originally issued or reissued by

19  the department to persons who have insulin-dependent diabetes

20  may, at the request of the applicant, have distinctive

21  markings separate and distinct from all other licenses issued

22  by the department.

23         Section 286.  Subsection (4) is added to section

24  322.15, Florida Statutes, to read:

25         322.15  License to be carried and exhibited on demand;

26  fingerprint to be imprinted upon a citation.--

27         (4)  A violation of subsection (1) is a noncriminal

28  traffic infraction, punishable as a nonmoving violation as

29  provided in chapter 318.

30         Section 287.  Subsections (2), (3), and (7) of section

31  322.20, Florida Statutes, are amended to read:


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  1         322.20  Records of the department; fees; destruction of

  2  records.--

  3         (2)  The department shall also maintain a record of all

  4  crash accident reports, abstracts of court records of

  5  convictions, and notices of revocation or suspension of a

  6  person's driver's license or driving privilege.

  7         (3)  The department shall maintain convenient records

  8  or make suitable notations, in order that the individual

  9  driver history record of each licensee is readily available

10  for the consideration of the department upon application for

11  renewal of a license and at other suitable times.  The release

12  by the department of the driver history record, with respect

13  to crashes accidents involving a licensee, shall not include

14  any notation or record of the occurrence of a motor vehicle

15  crash accident unless the licensee received a traffic citation

16  as a direct result of the crash accident, and to this extent

17  such notation or record is exempt from the provisions of s.

18  119.07(1).

19         (7)  The requirement for the department to keep records

20  shall terminate upon the death of an individual licensed by

21  the department upon notification by the Department of Health

22  and Rehabilitative Services of such death.  The department

23  shall make such notification as is proper of the deletions

24  from their records to the court clerks of the state.

25         Section 288.  Section 322.201, Florida Statutes, is

26  amended to read:

27         322.201  Records as evidence.--A copy, computer copy,

28  or transcript of all abstracts of crash accident reports and

29  all abstracts of court records of convictions received by the

30  department and the complete driving record of any individual

31  duly certified by machine imprint of the department or by


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  1  machine imprint of the clerk of a court shall be received as

  2  evidence in all courts of this state without further

  3  authentication, provided the same is otherwise admissible in

  4  evidence.  Further, any court or the office of the clerk of

  5  any court of this state which is electronically connected by a

  6  terminal device to the computer data center of the department

  7  may use as evidence in any case the information obtained by

  8  this device from the records of the department without need of

  9  such certification; however, if a genuine issue as to the

10  authenticity of such information is raised by a party or by

11  the court, the court in its sound discretion may require that

12  a record certified by the department be submitted for

13  admission into evidence.  For such computer copies generated

14  by a terminal device of a court or clerk of court, entry in a

15  driver's record that the notice required by s. 322.251 was

16  given shall constitute sufficient evidence that such notice

17  was given.

18         Section 289.  Paragraph (a) of subsection (2) of

19  section 322.221, Florida Statutes, is amended to read:

20         322.221  Department may require reexamination.--

21         (2)(a)  The department may require an examination or

22  reexamination to determine the competence and driving ability

23  of any driver causing or contributing to the cause of any

24  crash accident resulting in death, personal injury, or

25  property damage.

26         Section 290.  Subsection (4) of section 322.26, Florida

27  Statutes, 1998 Supplement, is amended to read:

28         322.26  Mandatory revocation of license by

29  department.--The department shall forthwith revoke the license

30  or driving privilege of any person upon receiving a record of

31  such person's conviction of any of the following offenses:


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  1         (4)  Failure to stop and render aid as required under

  2  the laws of this state in the event of a motor vehicle crash

  3  accident resulting in the death or personal injury of another.

  4         Section 291.  Section 322.264, Florida Statutes, is

  5  reenacted and amended to read:

  6         322.264  "Habitual traffic offender" defined.--A

  7  "habitual traffic offender" is any person whose record, as

  8  maintained by the Department of Highway Safety and Motor

  9  Vehicles, shows that such person has accumulated the specified

10  number of convictions for offenses described in subsection (1)

11  or subsection (2) within a 5-year period:

12         (1)  Three or more convictions of any one or more of

13  the following offenses arising out of separate acts:

14         (a)  Voluntary or involuntary manslaughter resulting

15  from the operation of a motor vehicle;

16         (b)  Any violation of s. 316.193, former s. 316.1931,

17  or former s. 860.01;

18         (c)  Any felony in the commission of which a motor

19  vehicle is used;

20         (d)  Driving a motor vehicle while his or her license

21  is suspended or revoked;

22         (e)  Failing to stop and render aid as required under

23  the laws of this state in the event of a motor vehicle crash

24  accident resulting in the death or personal injury of another;

25  or

26         (f)  Driving a commercial motor vehicle while his or

27  her privilege is disqualified.

28         (2)  Fifteen convictions for moving traffic offenses

29  for which points may be assessed as set forth in s. 322.27,

30  including those offenses in subsection (1).

31


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  1  Any violation of any federal law, any law of another state or

  2  country, or any valid ordinance of a municipality or county of

  3  another state similar to a statutory prohibition specified in

  4  subsection (1) or subsection (2) shall be counted as a

  5  violation of such prohibition.  In computing the number of

  6  convictions, all convictions during the 5 years previous to

  7  July 1, 1972, will be used, provided at least one conviction

  8  occurs after that date.  The fact that previous convictions

  9  may have resulted in suspension, revocation, or

10  disqualification under another section does not exempt them

11  from being used for suspension or revocation under this

12  section as a habitual offender.

13         Section 292.  Subsections (1) and (3) of section

14  322.27, Florida Statutes, are amended to read:

15         322.27  Authority of department to suspend or revoke

16  license.--

17         (1)  Notwithstanding any provisions to the contrary in

18  chapter 120, the department is hereby authorized to suspend

19  the license of any person without preliminary hearing upon a

20  showing of its records or other sufficient evidence that the

21  licensee:

22         (a)  Has committed an offense for which mandatory

23  revocation of license is required upon conviction; or

24         (b)  Has been convicted of a violation of any traffic

25  law which resulted in a crash an accident that caused the

26  death or personal injury of another or property damage in

27  excess of $500; or

28         (c)  Is incompetent to drive a motor vehicle; or

29         (d)  Has permitted an unlawful or fraudulent use of

30  such license or has knowingly been a party to the obtaining of

31  a license by fraud or misrepresentation or to display, or


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  1  represent as one's own, any driver's license not issued him or

  2  her.  Provided, however, no provision of this section shall be

  3  construed to include the provisions of s. 322.32(1); or

  4         (e)  Has committed an offense in another state which if

  5  committed in this state would be grounds for suspension or

  6  revocation; or

  7         (f)  Has committed a second or subsequent violation of

  8  s. 316.172(1) within a 5-year period of any previous

  9  violation.

10         (3)  There is established a point system for evaluation

11  of convictions of violations of motor vehicle laws or

12  ordinances, and violations of applicable provisions of s.

13  403.413(6)(b)(5)(b) when such violations involve the use of

14  motor vehicles, for the determination of the continuing

15  qualification of any person to operate a motor vehicle. The

16  department is authorized to suspend the license of any person

17  upon showing of its records or other good and sufficient

18  evidence that the licensee has been convicted of violation of

19  motor vehicle laws or ordinances, or applicable provisions of

20  s. 403.413(6)(b)(5)(b), amounting to 12 or more points as

21  determined by the point system. The suspension shall be for a

22  period of not more than 1 year.

23         (a)  When a licensee accumulates 12 points within a

24  12-month period, the period of suspension shall be for not

25  more than 30 days.

26         (b)  When a licensee accumulates 18 points, including

27  points upon which suspension action is taken under paragraph

28  (a), within an 18-month period, the suspension shall be for a

29  period of not more than 3 months.

30         (c)  When a licensee accumulates 24 points, including

31  points upon which suspension action is taken under paragraphs


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  1  (a) and (b), within a 36-month period, the suspension shall be

  2  for a period of not more than 1 year.

  3         (d)  The point system shall have as its basic element a

  4  graduated scale of points assigning relative values to

  5  convictions of the following violations:

  6         1.  Reckless driving, willful and wanton--4 points.

  7         2.  Leaving the scene of a crash an accident resulting

  8  in property damage of more than $50--6 points.

  9         3.  Unlawful speed resulting in a crash an accident--6

10  points.

11         4.  Passing a stopped school bus--4 points.

12         5.  Unlawful speed:

13         a.  Not in excess of 15 miles per hour of lawful or

14  posted speed--3 points.

15         b.  In excess of 15 miles per hour of lawful or posted

16  speed--4 points.

17         6.  All other moving violations (including parking on a

18  highway outside the limits of a municipality)--3 points.

19  However, no points shall be imposed for a violation of s.

20  316.0741 or s. 316.2065(12).

21         7.  Any moving violation covered above, excluding

22  unlawful speed, resulting in a crash an accident--4 points.

23         8.  Any conviction under s. 403.413(5)(b)--3 points.

24         (e)  A conviction in another state of a violation

25  therein which, if committed in this state, would be a

26  violation of the traffic laws of this state, or a conviction

27  of an offense under any federal law substantially conforming

28  to the traffic laws of this state, except a violation of s.

29  322.26, may be recorded against a driver on the basis of the

30  same number of points received had the conviction been made in

31  a court of this state.


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  1         (f)  In computing the total number of points, when the

  2  licensee reaches the danger zone, the department is authorized

  3  to send the licensee a warning letter advising that any

  4  further convictions may result in suspension of his or her

  5  driving privilege.

  6         (g)  The department shall administer and enforce the

  7  provisions of this law and may make rules and regulations

  8  necessary for its administration.

  9         (h)  Three points shall be deducted from the driver

10  history record of any person whose driving privilege has been

11  suspended only once pursuant to this subsection and has been

12  reinstated, if such person has complied with all other

13  requirements of this chapter.

14         (i)  This subsection shall not apply to persons

15  operating a nonmotorized vehicle for which a driver's license

16  is not required.

17         Section 293.  Paragraph (a) of subsection (1) of

18  section 322.291, Florida Statutes, is amended to read:

19         322.291  Driver improvement schools; required in

20  certain suspension and revocation cases.--Except as provided

21  in s. 322.03(2), any person:

22         (1)  Whose driving privilege has been revoked:

23         (a)  Upon conviction for:

24         1.  Driving, or being in actual physical control of,

25  any vehicle while under the influence of alcoholic beverages,

26  any chemical substance set forth in s. 877.111, or any

27  substance controlled under chapter 893, in violation of s.

28  316.193;

29         2.  Driving with an unlawful blood- or breath-alcohol

30  level;

31


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  1         3.  Manslaughter resulting from the operation of a

  2  motor vehicle;

  3         4.  Failure to stop and render aid as required under

  4  the laws of this state in the event of a motor vehicle crash

  5  accident resulting in the death or personal injury of another;

  6         5.  Reckless driving; or

  7

  8  shall, before the driving privilege may be reinstated, present

  9  to the department proof of enrollment in a department-approved

10  advanced driver improvement course or substance abuse

11  education course. If the person fails to complete such course

12  within 90 days after reinstatement, the driver's license shall

13  be canceled by the department until such course is

14  successfully completed.

15         Section 294.  Section 322.292, Florida Statutes, is

16  amended to read:

17         322.292  DUI programs supervision; powers and duties of

18  the department.--

19         (1)  The Department of Highway Safety and Motor

20  Vehicles shall license and regulate all DUI programs, which

21  regulation shall include the certification of instructors,

22  evaluators, clinical supervisors, and evaluator supervisors.

23  The department shall, after consultation with the chief judge

24  of the affected judicial circuit, establish requirements

25  regarding the number of programs to be offered within a

26  judicial circuit.  Such requirements shall address the number

27  of clients currently served in the circuit as well as

28  improvements in service that may be derived from operation of

29  an additional DUI program.  DUI education and evaluation

30  services are exempt from licensure under chapter chapters 396

31


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  1  and 397.  However, treatment programs must continue to be

  2  licensed under chapter chapters 396 and 397.

  3         (2)  The department shall adopt rules to implement its

  4  supervisory authority over DUI programs in accordance with the

  5  procedures of chapter 120, including the establishment of

  6  uniform standards of operation for DUI programs and the method

  7  for setting and approving fees, as follows:

  8         (a)  Establish rules minimum standards for statutorily

  9  required education, evaluation, and supervision of DUI

10  offenders.  Such rules minimum standards previously adopted by

11  the Traffic Court Review Committee of the Supreme Court of

12  Florida shall remain in effect unless modified by the

13  department.

14         (b)  Establish rules minimum standards for the

15  administration and financial management of DUI programs,

16  including, but not limited to:

17         1.  Rules Standards governing the types of expenditures

18  that may be made by DUI programs from funds paid by persons

19  attending such programs.

20         2.  Rules Standards for financial reporting that

21  require data on DUI programs expenditures in sufficient detail

22  to support reasonable and informed decisions concerning the

23  fees that are to be assessed those attending DUI programs.

24  The department shall perform financial audits of DUI programs

25  required under this section or require that financial audits

26  of the programs be performed by certified public accountants

27  at program expense and submitted directly from the auditor to

28  the department.

29         3.  Rules for Standards of reciprocity in relation to

30  DUI programs in other states or countries that have programs

31  similar to the DUI programs licensed by the department.


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  1         4.  Such other rules standards as the department deems

  2  appropriate and necessary for the effective oversight of the

  3  DUI programs.

  4         (c)  Implement procedures for the granting and revoking

  5  of licenses for DUI programs.

  6         (d)  Establish a fee structure for the various programs

  7  offered by the DUI programs, based only on the reasonable and

  8  necessary costs for operating the programs throughout the

  9  state. The department shall approve, modify, or reduce fees as

10  necessary. The DUI programs fees that are in effect on January

11  1, 1994, shall remain in effect until the department adopts a

12  fee schedule for the DUI programs system. After the adoption

13  of the schedule, the programs shall adjust their fees to

14  conform with the established amounts.

15         (e)  Establish policies and procedures for monitoring

16  DUI programs compliance with all rules minimum standards

17  established by the department.

18         (f)  The department shall oversee an ongoing evaluation

19  to assess the effectiveness of the DUI programs.  This

20  evaluation shall be performed by an independent group and

21  shall evaluate the curriculum, client treatment referrals,

22  recidivism rates, and any other relevant matters.  The

23  department shall report to the Legislature by January 1, 1995,

24  on the status of the evaluation, including its design and

25  schedule for completion. The department may use funds received

26  under s. 322.293 to retain the services and reimburse expenses

27  of such private persons or professional consultants as are

28  required for monitoring and evaluating DUI programs.

29         (g)  Investigate complaints about the DUI programs and

30  resolve problems in the provision of services to DUI

31  offenders, as needed.


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  1         (3)  All DUI programs and certified program personnel

  2  providing DUI programs services that meet the department's

  3  standards and that are operating on January 1, 1994, may

  4  remain in operation until the department's license procedures

  5  are in place. At that time the DUI programs and certified

  6  program personnel may apply for relicensure.

  7         (4)  DUI programs shall be either governmental programs

  8  or not-for-profit corporations.

  9         (5)  The department shall report to the Supreme Court

10  by December 1, 1994, and by December 31 of each succeeding

11  year through 1996, on the general status of the statewide

12  program. This report must include programmatic and statistical

13  information regarding the number of licensed programs,

14  enrollment and referral figures, program monitoring and

15  evaluation activities, and findings, and the general steps

16  taken by the department to implement the provisions of this

17  section.

18         Section 295.  Section 322.293, Florida Statutes, is

19  amended to read:

20         322.293  DUI Programs Coordination Trust Fund;

21  assessment; disposition.--

22         (1)  The DUI Programs Coordination Trust Fund, created

23  pursuant to chapter 81-208, Laws of Florida, shall be

24  transferred to the department with all funds therein on

25  January 1, 1994.  The DUI Programs Coordination Office shall

26  be transferred from the budget of the Supreme Court to the

27  Department of Highway Safety and Motor Vehicles Division of

28  Driver Licenses.  The transfer shall include all of the

29  statutory powers, duties and functions, records, personnel,

30  property, and unexpended balances of appropriations,

31  allocations, and other funds.  All personnel shall be


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  1  transferred at their current classifications and levels of

  2  compensation.  Any legal commitments, contracts, and other

  3  obligations heretofore entered into on behalf of or assumed by

  4  the DUI Programs Coordination Office in connection with the

  5  performance of its functions and duties are charged to and

  6  shall be performed by the department.

  7         (2)  The DUI Programs Coordination Trust Fund shall be

  8  administered by the department, and the costs of

  9  administration shall be borne by the fund.  All funds received

10  by the DUI Programs Coordination Trust Fund shall be used

11  solely for the purposes set forth in this section and s.

12  322.292.  However, if the Legislature passes legislation

13  consolidating existing trust funds assigned to the department,

14  all funds remaining in and deposited to the DUI Programs

15  Coordination Trust Fund shall be transferred to the

16  consolidated trust funds, subject to their being earmarked for

17  use solely for the purposes set forth in this section and s.

18  322.292.

19         (2)(3)  Each DUI program shall assess $12 against each

20  person enrolling in a DUI program at the time of enrollment,

21  including persons who transfer to or from a program in another

22  state.  In addition, second and third offenders and those

23  offenders under permanent driver's-license revocation who are

24  evaluated for eligibility for license restrictions under s.

25  322.271(2)(b) and (4) shall be assessed $12 upon enrollment in

26  the program and upon each subsequent anniversary date while

27  they are in the program, for the duration of the license

28  period.

29         (3)(4)  All assessments collected under this section

30  shall be forwarded to the DUI Programs Coordination Trust Fund

31


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  1  within 30 days after the last day of the month in which the

  2  assessment was received.

  3         Section 296.  Section 322.44, Florida Statutes, is

  4  amended to read:

  5         322.44  Driver License Compact.--The Driver License

  6  Compact is hereby enacted into law and entered into with all

  7  other jurisdictions legally joining therein in the form

  8  substantially as follows:

  9

10                            ARTICLE I

11

12         FINDINGS AND DECLARATION OF POLICY.--

13         (1)  The party states find that:

14         (a)  The safety of their streets and highways is

15  materially affected by the degree of compliance with state

16  laws and local ordinances relating to the operation of motor

17  vehicles;

18         (b)  Violation of such a law or ordinance is evidence

19  that the violator engages in conduct which is likely to

20  endanger the safety of persons and property;

21         (c)  The continuance in force of a license to drive is

22  predicated upon compliance with laws and ordinances relating

23  to the operation of motor vehicles, in whichever jurisdiction

24  the vehicle is operated.

25         (2)  It is the policy of each of the party states to:

26         (a)  Promote compliance with the laws, ordinances, and

27  administrative rules and regulations relating to the operation

28  of motor vehicles by their operators in each of the

29  jurisdictions where such operators drive motor vehicles;

30         (b)  Make the reciprocal recognition of licenses to

31  drive and eligibility therefor more just and equitable by


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  1  considering the overall compliance with motor vehicle laws,

  2  ordinances, and administrative rules and regulations as a

  3  condition precedent to the continuance or issuance of any

  4  license by reason of which the licensee is authorized or

  5  permitted to operate a motor vehicle in any of the party

  6  states.

  7

  8                            ARTICLE II

  9

10         DEFINITIONS.--As used in this compact:

11         (1)  "State" means a state, territory or possession of

12  the United States, the District of Columbia, or the

13  Commonwealth of Puerto Rico.

14         (2)  "Home state" means the state which has issued and

15  has the power to suspend or revoke the use of the license or

16  permit to operate a motor vehicle.

17         (3)  "Conviction" means a conviction of any offense

18  related to the use or operation of a motor vehicle which is

19  prohibited by state law, municipal ordinance, or

20  administrative rule or regulation, or a forfeiture of bail,

21  bond, or other security deposited to secure appearance by a

22  person charged with having committed any such offense, and

23  which conviction or forfeiture is required to be reported to

24  the licensing authority.

25

26                           ARTICLE III

27

28         REPORTS OF CONVICTION.--The licensing authority of a

29  party state shall report each conviction of a person from

30  another party state occurring within its jurisdiction to the

31  licensing authority of the home state of the licensee. Such


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  1  report shall clearly identify the person convicted; describe

  2  the violation specifying the section of the statute, code, or

  3  ordinance violated; identify the court in which action was

  4  taken; indicate whether a plea of guilty or not guilty was

  5  entered or the conviction was a result of the forfeiture of

  6  bail, bond, or other security; and shall include any special

  7  findings made in connection therewith.

  8

  9                            ARTICLE IV

10

11         EFFECT OF CONVICTION.--

12         (1)  The licensing authority in the home state, for the

13  purposes of suspension, revocation, or limitation of the

14  license to operate a motor vehicle, shall give the same effect

15  to the conduct reported, pursuant to article III, as it would

16  if such conduct had occurred in the home state, in the case of

17  convictions for:

18         (a)  Manslaughter or negligent homicide resulting from

19  the operation of a motor vehicle, as provided by ss. 316.193

20  and 322.26;

21         (b)  Driving a motor vehicle while under the influence

22  of alcoholic beverages or a narcotic drug, or under the

23  influence of any other drug to a degree which renders the

24  driver incapable of safely driving a motor vehicle, as

25  provided by s. 316.193;

26         (c)  Any felony in the commission of which a motor

27  vehicle is used, as provided by s. 322.26; or

28         (d)  Failure to stop and render aid in the event of a

29  motor vehicle crash accident resulting in the death or

30  personal injury of another, as provided by s. 322.26.

31


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  1         (2)  As to other convictions, reported pursuant to

  2  article III, the licensing authority in the home state shall

  3  give such effect to the conduct as is provided by the laws of

  4  the home state.

  5

  6                            ARTICLE V

  7

  8         APPLICATIONS FOR NEW LICENSES.--Upon application for a

  9  license to drive, the licensing authority in a party state

10  shall ascertain whether the applicant has ever held, or is the

11  holder of, a license to drive issued by any other party state.

12  The licensing authority in the state where application is made

13  shall not issue a license to drive to the applicant if:

14         (1)  The applicant has held such a license, but the

15  same has been suspended by reason, in whole or in part, of a

16  violation and if such suspension period has not terminated.

17         (2)  The applicant has held such a license, but the

18  same has been revoked by reason, in whole or in part, of a

19  violation and if such revocation has not terminated, except

20  that after the expiration of 1 year from the date the license

21  was revoked, such person may make application for a new

22  license if permitted by law. The licensing authority may

23  refuse to issue a license to any such applicant if, after

24  investigation, the licensing authority determines that it will

25  not be safe to grant to such person the privilege of driving a

26  motor vehicle on the public highways.

27         (3)  The applicant is the holder of a license to drive

28  issued by another party state and currently in force unless

29  the applicant surrenders such license.

30

31                            ARTICLE VI


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  1

  2         APPLICABILITY OF OTHER LAWS.--Except as expressly

  3  required by provisions of this compact, nothing contained

  4  herein shall be construed to affect the right of any party

  5  state to apply any of its other laws relating to licenses to

  6  drive to any person or circumstance, nor to invalidate or

  7  prevent any driver license agreement or other cooperative

  8  arrangement between a party state and a nonparty state.

  9

10                           ARTICLE VII

11

12         COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--

13         (1)  The head of the licensing authority of each party

14  state shall be the administrator of this compact for his or

15  her state. The administrators, acting jointly, shall have the

16  power to formulate all necessary and proper procedures for the

17  exchange of information under this compact.

18         (2)  The administrator of each party state shall

19  furnish to the administrator of each other party state any

20  information or documents reasonably necessary to facilitate

21  the administration of this compact.

22

23                           ARTICLE VIII

24

25         ENTRY INTO FORCE AND WITHDRAWAL.--

26         (1)  This compact shall enter into force and become

27  effective as to any state when it has enacted the same into

28  law.

29         (2)  Any party state may withdraw from this compact by

30  enacting a statute repealing the same, but no such withdrawal

31  shall take effect until 6 months after the executive head of


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  1  the withdrawing state has given notice of the withdrawal to

  2  the executive heads of all other party states.  No withdrawal

  3  shall affect the validity or applicability by the licensing

  4  authorities of states remaining party to the compact of any

  5  report of conviction occurring prior to the withdrawal.

  6

  7                            ARTICLE IX

  8

  9         CONSTRUCTION AND SEVERABILITY.--This compact shall be

10  liberally construed so as to effectuate the purposes thereof.

11  The provisions of this compact shall be severable; and if any

12  phrase, clause, sentence, or provision of this compact is

13  declared to be contrary to the constitution of any party state

14  or of the United States or the applicability thereof to any

15  government, agency, person, or circumstance is held invalid,

16  the validity of the remainder of this compact and the

17  applicability thereof to any government, agency, person, or

18  circumstance shall not be affected thereby.  If this compact

19  shall be held contrary to the constitution of any state party

20  thereto, the compact shall remain in full force and effect as

21  to the remaining states and in full force and effect as to the

22  state affected as to all severable matters.

23         Section 297.  Paragraph (b) of subsection (1) of

24  section 322.57, Florida Statutes, is amended to read:

25         322.57  Tests of knowledge concerning specified

26  vehicles; endorsement; nonresidents; violations.--

27         (1)  In addition to fulfilling any other driver's

28  licensing requirements of this chapter, a person who:

29         (b)  Drives a passenger vehicle must successfully

30  complete a test of his or her knowledge concerning the safe

31  operation of such vehicles and a test of his or her driving


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  1  skill in such a vehicle. However, if such a person satisfies

  2  the requirements of s. 322.55(1)-(3), he or she is exempt from

  3  the test of his or her driving skills.

  4         Section 298.  Subsections (1) and (3) of section

  5  322.61, Florida Statutes, are amended to read:

  6         322.61  Disqualification from operating a commercial

  7  motor vehicle.--

  8         (1)  A person who, within a 3-year period, is convicted

  9  of two of the following serious traffic violations or any

10  combination thereof, arising in separate incidents committed

11  in a commercial motor vehicle shall, in addition to any other

12  applicable penalties, be disqualified from operating a

13  commercial motor vehicle for a period of 60 days:

14         (a)  A violation of any state or local law relating to

15  motor vehicle traffic control, other than a parking violation,

16  a weight violation, or a vehicle equipment violation, arising

17  in connection with a crash an accident resulting in death or

18  personal injury to any person;

19         (b)  Reckless driving, as defined in s. 316.192;

20         (c)  Careless driving, as defined in s. 316.1925;

21         (d)  Fleeing or attempting to elude a law enforcement

22  officer, as defined in s. 316.1935;

23         (e)  Unlawful speed of 15 miles per hour or more above

24  the posted speed limit;

25         (f)  Driving a commercial motor vehicle, owned by such

26  person, which is not properly insured;

27         (g)  Improper lane change, as defined in s. 316.085; or

28         (h)  Following too closely, as defined in s. 316.0895.

29         (3)  Except as provided in subsection (4), any person

30  who is convicted of one of the following offenses shall, in

31  addition to any other applicable penalties, be disqualified


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  1  from operating a commercial motor vehicle for a period of 1

  2  year:

  3         (a)  Driving a commercial motor vehicle while he or she

  4  is under the influence of alcohol or a controlled substance;

  5         (b)  Driving a commercial motor vehicle while the

  6  alcohol concentration of his or her blood, breath, or urine is

  7  .04 percent or higher;

  8         (c)  Leaving the scene of a crash an accident involving

  9  a commercial motor vehicle driven by such person;

10         (d)  Using a commercial motor vehicle in the commission

11  of a felony;

12         (e)  Driving a commercial motor vehicle while in

13  possession of a controlled substance; or

14         (f)  Refusing to submit to a test to determine his or

15  her alcohol concentration while driving a commercial motor

16  vehicle.

17         Section 299.  Paragraph (c) of subsection (2) of

18  section 322.63, Florida Statutes, is amended to read:

19         322.63  Alcohol or drug testing; commercial motor

20  vehicle operators.--

21         (2)  The chemical and physical tests authorized by this

22  section shall only be required if a law enforcement officer

23  has reasonable cause to believe that a person driving a

24  commercial motor vehicle has any alcohol, chemical substance,

25  or controlled substance in his or her body.

26         (c)  The blood test shall be administered at the

27  request of a law enforcement officer who has reasonable cause

28  to believe that a person was driving a commercial motor

29  vehicle with any alcohol, chemical substance, or controlled

30  substance in his or her body.  The blood test shall be

31  performed in a reasonable manner by qualified medical


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  1  personnel.  Any person who appears for treatment at a medical

  2  facility as a result of his or her involvement as a commercial

  3  motor vehicle driver in a crash an accident and who is

  4  incapable, by reason of a mental or physical condition, of

  5  refusing a blood test shall be deemed to have consented to

  6  such test.

  7         Section 300.  Section 324.011, Florida Statutes, is

  8  amended to read:

  9         324.011  Purpose of chapter.--It is the intent of this

10  chapter to recognize the existing privilege to own or operate

11  a motor vehicle on the public streets and highways of this

12  state when such vehicles are used with due consideration for

13  others and their property, and to promote safety and provide

14  financial security requirements for such owners or operators

15  whose responsibility it is to recompense others for injury to

16  person or property caused by the operation of a motor vehicle.

17  Therefore, it is required herein that the operator of a motor

18  vehicle involved in a crash an accident or convicted of

19  certain traffic offenses meeting the operative provisions of

20  s. 324.051(2) shall respond for such damages and show proof of

21  financial ability to respond for damages in future accidents

22  as a requisite to his or her future exercise of such

23  privileges.

24         Section 301.  Subsection (7) of section 324.021,

25  Florida Statutes, is amended to read:

26         324.021  Definitions; minimum insurance required.--The

27  following words and phrases when used in this chapter shall,

28  for the purpose of this chapter, have the meanings

29  respectively ascribed to them in this section, except in those

30  instances where the context clearly indicates a different

31  meaning:


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  1         (7)  PROOF OF FINANCIAL RESPONSIBILITY.--That proof of

  2  ability to respond in damages for liability on account of

  3  crashes accidents arising out of the use of a motor vehicle:

  4         (a)  In the amount of $10,000 because of bodily injury

  5  to, or death of, one person in any one crash accident;

  6         (b)  Subject to such limits for one person, in the

  7  amount of $20,000 because of bodily injury to, or death of,

  8  two or more persons in any one crash accident;

  9         (c)  In the amount of $10,000 because of injury to, or

10  destruction of, property of others in any one crash accident;

11  and

12         (d)  With respect to commercial motor vehicles and

13  nonpublic sector buses, in the amounts specified in ss.

14  627.7415 and 627.742, respectively.

15         Section 302.  Section 324.022, Florida Statutes, is

16  amended to read:

17         324.022  Financial responsibility for property

18  damage.--Every owner or operator of a motor vehicle, which

19  motor vehicle is subject to the requirements of ss.

20  627.730-627.7405 and required to be registered in this state,

21  shall, by one of the methods established in s. 324.031 or by

22  having a policy that complies with s. 627.7275, establish and

23  maintain the ability to respond in damages for liability on

24  account of accidents arising out of the use of the motor

25  vehicle in the amount of $10,000 because of damage to, or

26  destruction of, property of others in any one crash accident.

27  The requirements of this section may also be met by having a

28  policy which provides coverage in the amount of at least

29  $30,000 for combined property damage liability and bodily

30  injury liability for any one crash accident arising out of the

31  use of the motor vehicle.  No insurer shall have any duty to


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  1  defend uncovered claims irrespective of their joinder with

  2  covered claims.

  3         Section 303.  Section 324.051, Florida Statutes, is

  4  amended to read:

  5         324.051  Reports of crashes accidents; suspensions of

  6  licenses and registrations.--

  7         (1)(a)  Every law enforcement officer who, in the

  8  regular course of duty either at the time of and at the scene

  9  of the crash accident or thereafter by interviewing

10  participants or witnesses, investigates a motor vehicle crash

11  accident which he or she is required to report pursuant to s.

12  316.066(3)(a) shall forward a written report of the crash

13  accident to the department within 10 days of completing the

14  investigation. However, when the investigation of a crash an

15  accident will take more than 10 days to complete, a

16  preliminary copy of the crash accident report shall be

17  forwarded to the department within 10 days of the occurrence

18  of the crash accident, to be followed by a final report within

19  10 days after completion of the investigation. The report

20  shall be on a form and contain information consistent with the

21  requirements of s. 316.068.

22         (b)  The department is hereby further authorized to

23  require reports of crashes accidents from individual owners or

24  operators whenever it deems it necessary for the proper

25  administration of this chapter, and these reports shall be

26  made without prejudice except as specified in this subsection.

27  No such report shall be used as evidence in any trial arising

28  out of a crash an accident.  However, subject to the

29  applicable rules of evidence, a law enforcement officer at a

30  criminal trial may testify as to any statement made to the

31


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  1  officer by the person involved in the accident if that

  2  person's privilege against self-incrimination is not violated.

  3         (2)(a)  Thirty days after receipt of notice of any

  4  accident described in paragraph (1)(a) involving a motor

  5  vehicle within this state, the department shall suspend, after

  6  due notice and opportunity to be heard, the license of each

  7  operator and all registrations of the owner of the vehicles

  8  operated by such operator whether or not involved in such

  9  crash accident and, in the case of a nonresident owner or

10  operator, shall suspend such nonresident's operating privilege

11  in this state, unless such operator or owner shall, prior to

12  the expiration of such 30 days, be found by the department to

13  be exempt from the operation of this chapter, based upon

14  evidence satisfactory to the department that:

15         1.  The motor vehicle was legally parked at the time of

16  such crash accident.

17         2.  The motor vehicle was owned by the United States

18  Government, this state, or any political subdivision of this

19  state or any municipality therein.

20         3.  Such operator or owner has secured a duly

21  acknowledged written agreement providing for release from

22  liability by all parties injured as the result of said crash

23  accident and has complied with one of the provisions of s.

24  324.031.

25         4.  Such operator or owner has deposited with the

26  department security to conform with s. 324.061 when applicable

27  and has complied with one of the provisions of s. 324.031.

28         5.  One year has elapsed since such owner or operator

29  was suspended pursuant to subsection (3), the owner or

30  operator has complied with one of the provisions of s.

31


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  1  324.031, and no bill of complaint of which the department has

  2  notice has been filed in a court of competent jurisdiction.

  3         (b)  This subsection shall not apply:

  4         1.  To such operator or owner if such operator or owner

  5  had in effect at the time of such crash accident or traffic

  6  conviction an automobile liability policy with respect to all

  7  of the registered motor vehicles owned by such operator or

  8  owner.

  9         2.  To such operator, if not the owner of such motor

10  vehicle, if there was in effect at the time of such crash

11  accident or traffic conviction an automobile liability policy

12  or bond with respect to his or her operation of motor vehicles

13  not owned by him or her.

14         3.  To such operator or owner if the liability of such

15  operator or owner for damages resulting from such crash

16  accident is, in the judgment of the department, covered by any

17  other form of liability insurance or bond.

18         4.  To any person who has obtained from the department

19  a certificate of self-insurance, in accordance with s.

20  324.171, or to any person operating a motor vehicle for such

21  self-insurer.

22

23  No such policy or bond shall be effective under this

24  subsection unless it contains limits of not less than those

25  specified in s. 324.021(7).

26         (3)  Any driver's license or registration certificate

27  or certificates and registration plates which are suspended as

28  provided for in this section shall remain suspended for a

29  period of 3 years unless reinstated as otherwise provided in

30  this chapter.

31


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  1         Section 304.  Subsections (1) and (2) of section

  2  324.061, Florida Statutes, are amended to read:

  3         324.061  Security deposited with Department of Highway

  4  Safety and Motor Vehicles; release.--

  5         (1)  Security deposited pursuant to the provisions of

  6  s. 324.051(2)(a)4. with respect to claims for injuries to

  7  persons or properties resulting from a crash an accident

  8  occurring prior to such deposit shall be in the form and

  9  amount determined by the department which, in its judgment,

10  will be sufficient to compensate for all injuries arising out

11  of such crash accident, but in no case shall the amount exceed

12  the limits as specified in s. 324.021(7).

13         (2)  Such security shall be deposited with the

14  department and shall not be released except under one of the

15  following conditions:

16         (a)  A duly attested written statement of satisfaction

17  by all parties shown to be injured in such crash accident has

18  been received by the department., or

19         (b)  In the event the depositor has been finally

20  adjudicated by a court of competent jurisdiction not to be

21  liable; or all judgments of liability against the depositor

22  have been satisfied., or

23         (c)  One year shall have elapsed after deposit and

24  during such period the department has not been duly notified

25  of any court action brought for damages.

26         (d)  Upon receipt of an order from a court ordering

27  that such deposit be paid to satisfy a recorded judgment, in

28  whole or in part, resulting from a crash an accident.  If the

29  department does not have sufficient funds on deposit to

30  satisfy such judgment it shall forthwith call upon the

31  judgment debtor for the balance, subject to the limits


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  1  specified in s. 324.021(7). Upon failure of the judgment

  2  debtor to make the necessary deposit or to satisfy the

  3  judgment in full, the department shall revoke the driving

  4  privilege and all registrations of such judgment debtor within

  5  10 days subsequent to notification to the judgment debtor by

  6  the department.

  7         (e)  In any case in which securities deposited under

  8  this section have remained unclaimed for 5 years or more such

  9  deposit shall be transferred by the department to the State

10  School Fund, and all interest and income that may accrue from

11  said deposits after the aforesaid period of time, shall belong

12  to said fund.

13         Section 305.  Subsections (1) and (3) of section

14  324.081, Florida Statutes, are amended to read:

15         324.081  Nonresident owner or operator.--

16         (1)  The department  may establish reciprocal

17  agreements with any other states for the purpose of fulfilling

18  the provisions of this chapter and pursuant to such agreements

19  may suspend the license and registration of a resident of this

20  state involved in a crash an accident in another state.

21         (3)  Upon receipt of such certification that the

22  operating privilege of a resident of this state has been

23  suspended or revoked in any such other reciprocating state

24  pursuant to a law providing for its suspension or revocation

25  for failure to deposit security for the payment of judgments

26  arising out of a motor vehicle crash accident, under

27  circumstances which would require the department to suspend a

28  nonresident's operating privilege had the crash accident

29  occurred in this state, the department shall suspend the

30  license of such resident if he or she was the operator, and

31  all of his or her registrations if he or she was the owner of


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  1  a motor vehicle involved in such crash accident.  Such

  2  suspension shall continue until such resident furnishes

  3  evidence of his or her compliance with the law of such other

  4  state relating to the deposit of such security.

  5         Section 306.  Subsection (1) of section 324.091,

  6  Florida Statutes, is amended to read:

  7         324.091  Notice to department; notice to insurer.--

  8         (1)  Each owner and operator involved in a crash an

  9  accident or conviction case within the purview of this chapter

10  shall furnish evidence of automobile liability insurance,

11  motor vehicle liability insurance, or surety bond within 30

12  days from the date of the mailing of notice of crash accident

13  by the department in such form and manner as it may designate.

14  Upon receipt of evidence that an automobile liability policy,

15  motor vehicle liability policy, or surety bond was in effect

16  at the time of the crash accident or conviction case, the

17  department shall forward by United States mail, postage

18  prepaid, to the insurer or surety insurer a copy of such

19  information and shall assume that such policy or bond was in

20  effect unless the insurer or surety insurer shall notify the

21  department otherwise within 20 days from the mailing of the

22  notice to the insurer or surety insurer; provided that if the

23  department shall later ascertain that an automobile liability

24  policy, motor vehicle liability policy, or surety bond was not

25  in effect and did not provide coverage for both the owner and

26  the operator, it shall at such time take such action as it is

27  otherwise authorized to do under this chapter.  Proof of

28  mailing to the insurer or surety insurer may be made by the

29  department by naming the insurer or surety insurer to whom

30  such mailing was made and specifying the time, place and

31  manner of mailing.


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  1         Section 307.  Section 324.101, Florida Statutes, is

  2  amended to read:

  3         324.101  Compliance before license or registration

  4  allowed.--In case the operator or owner of a motor vehicle

  5  involved in a crash an accident within the state has no

  6  license or registration, he or she shall not be allowed a

  7  license or registration until he or she has complied with the

  8  requirements of this chapter to the same extent that would be

  9  necessary, if at the time of the crash accident he or she had

10  held a license and registration.

11         Section 308.  Subsection (1) of section 324.202,

12  Florida Statutes, is amended to read:

13         324.202  Seizure of motor vehicle license plates by

14  recovery agents.--

15         (1)  The Department of Highway Safety and Motor

16  Vehicles shall implement a pilot project in Broward County,

17  Dade County, and Hillsborough County to determine the

18  effectiveness of using recovery agents for the seizure of

19  license plates.  On October 1, 1996, the department shall

20  provide a report to the President of the Senate, the Speaker

21  of the House of Representatives, the chair of the Senate

22  Commerce Committee, the chair of the House Insurance

23  Committee, and the Majority and Minority Leaders of the Senate

24  and the House of Representatives, on the results of the pilot

25  project. Licensed recovery agents and recovery agencies as

26  described in s. 493.6101(20) and (21) may seize license plates

27  of motor vehicles whose registrations have been suspended

28  pursuant to s. 316.646 or s. 627.733 in such counties upon

29  compliance with this section and rules of the Department of

30  Highway Safety and Motor Vehicles.

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  1         Section 309.  Sections 325.01, 325.02, 325.03, 325.04,

  2  325.05, 325.06, 325.07, 325.08, 325.09, and 325.10, Florida

  3  Statutes, are repealed.

  4         Section 310.  Subsection (2) of section 325.209,

  5  Florida Statutes, is amended to read:

  6         325.209  Waivers.--

  7         (2)  Before a waiver may be issued, the following

  8  criteria must be met:

  9         (a)  The motor vehicle owner must present evidence

10  satisfactory to the department that a low emissions

11  adjustment, as defined by rule of the Department of

12  Environmental Protection, has been performed;

13         (b)  The motor vehicle must not have been tampered with

14  by either the current owner or any previous owner;

15         (c)  The owner must have spent the required minimum

16  amount for emissions-related repairs on the vehicle within the

17  180-day 90-day period prescribed in s. 325.203(1), not

18  including the amount spent to repair or replace air pollution

19  control equipment that has been tampered with.

20  Emissions-related repairs performed within 30 days prior to

21  inspection may also be considered under this provision. For

22  any vehicle the registration period for which is established

23  under s. 320.055(4) or (5), the required minimum amount for

24  emissions-related repairs must be spent by the owner within

25  180 90 days before the expiration of the registration period.

26  The required minimum amount that must have been spent on

27  related repairs is:

28         1.  For motor vehicles designated as model years 1975

29  through 1979: $100; and

30         2.  For motor vehicles designated as model year 1980

31  and thereafter: $200;


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  1         (d)  Repairs and adjustments provided for in paragraphs

  2  (a) and (c) must have caused substantial improvement in the

  3  emissions performance of the motor vehicle; and

  4         (e)  The motor vehicle must not be covered under any

  5  manufacturer's or federally mandated emissions warranty.

  6         Section 311.  Subsection (2) of section 325.212,

  7  Florida Statutes, is reenacted to read:

  8         325.212  Reinspections; reinspection facilities; rules;

  9  minority business participation.--

10         (2)  Any motor vehicle repair shop, as defined in s.

11  559.903(7), may apply to the department, on a form approved by

12  the department, to be licensed as a reinspection facility to

13  reinspect motor vehicles which fail to pass inspections

14  required by this act.

15         Section 312.  Subsection (1) of section 328.17, Florida

16  Statutes, is reenacted to read:

17         328.17  Nonjudicial sale of vessels.--

18         (1)  It is the intent of the Legislature that any

19  nonjudicial sale of any unclaimed vessel held for unpaid costs

20  of repairs, improvements, or other work and related storage

21  charges, or any vessel held for failure to pay removal costs

22  pursuant to s. 327.53(7), or any undocumented vessel in

23  default of marina storage fees be disposed of pursuant to the

24  provisions of this section.

25         Section 313.  Section 627.7415, Florida Statutes, is

26  amended to read:

27         627.7415  Commercial motor vehicles; additional

28  liability insurance coverage.--Commercial motor vehicles, as

29  defined in s. 207.002(2) or s. 320.01, operated upon the roads

30  and highways of this state shall be insured with the following

31  minimum levels of combined bodily liability insurance and


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  1  property damage liability insurance in addition to any other

  2  insurance requirements:

  3         (1)  Fifty thousand dollars per occurrence for a

  4  commercial motor vehicle with a gross vehicle weight of 26,000

  5  pounds or more, but less than 35,000 pounds.

  6         (2)  One hundred thousand dollars per occurrence for a

  7  commercial motor vehicle with a gross vehicle weight of 35,000

  8  pounds or more, but less than 44,000 pounds.

  9         (3)  Three hundred thousand dollars per occurrence for

10  a commercial motor vehicle with a gross vehicle weight of

11  44,000 pounds or more.

12         (4)  All commercial motor vehicles subject to

13  regulations of the United States Department of Transportation,

14  Title 49 C.F.R. part 387, subpart A, and as may be hereinafter

15  amended, shall be insured in an amount equivalent to the

16  minimum levels of financial responsibility as set forth in

17  such regulations.

18

19  A violation of this section is a noncriminal traffic

20  infraction, punishable as a nonmoving violation as provided in

21  chapter 318.

22         Section 314.  Subsection (3) is added to section

23  627.742, Florida Statutes, to read:

24         627.742  Nonpublic sector buses; additional liability

25  insurance coverage.--

26         (3)  A violation of this section is a noncriminal

27  traffic infraction, punishable as a nonmoving violation as

28  provided in chapter 318.

29         Section 315.  Subsection (2) of section 784.07, Florida

30  Statutes, 1998 Supplement, is amended to read:

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  1         784.07  Assault or battery of law enforcement officers,

  2  firefighters, emergency medical care providers, public transit

  3  employees or agents, or other specified officers;

  4  reclassification of offenses; minimum sentences.--

  5         (2)  Whenever any person is charged with knowingly

  6  committing an assault or battery upon a law enforcement

  7  officer, a firefighter, an emergency medical care provider, a

  8  traffic accident investigation officer as described in s.

  9  316.640, a traffic infraction enforcement officer as described

10  in s. 316.640 318.141, a parking enforcement specialist as

11  defined in s. 316.640, or a security officer employed by the

12  board of trustees of a community college, while the officer,

13  firefighter, emergency medical care provider, intake officer,

14  traffic accident investigation officer, traffic infraction

15  enforcement officer, parking enforcement specialist, public

16  transit employee or agent, or security officer is engaged in

17  the lawful performance of his or her duties, the offense for

18  which the person is charged shall be reclassified as follows:

19         (a)  In the case of assault, from a misdemeanor of the

20  second degree to a misdemeanor of the first degree.

21         (b)  In the case of battery, from a misdemeanor of the

22  first degree to a felony of the third degree.

23         (c)  In the case of aggravated assault, from a felony

24  of the third degree to a felony of the second degree.

25         (d)  In the case of aggravated battery, from a felony

26  of the second degree to a felony of the first degree.

27         Section 316.  Subsection (1) of section 335.0415,

28  Florida Statutes, is amended to read:

29         335.0415  Public road jurisdiction and transfer

30  process.--

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  1         (1)  The jurisdiction of public roads and the

  2  responsibility for operation and maintenance within the

  3  right-of-way of any road within the state, county, and

  4  municipal road system shall be that which existed on June 10,

  5  1995 exists on July 1, 1995.

  6         Section 317.  Section 14 of chapter 98-223, Laws of

  7  Florida, is repealed.

  8         Section 318.  Effective July 1, 2000, subsection (1) of

  9  section 715.05, Florida Statutes, is amended to read:

10         715.05  Reporting of unclaimed motor vehicles.--

11         (1)  Whenever any law enforcement agency authorizes the

12  removal of a vehicle or whenever any towing service, garage,

13  repair shop, or automotive service, storage, or parking place

14  notifies the law enforcement agency of possession of a vehicle

15  pursuant to s. 715.07(2)(a)2., the applicable law enforcement

16  agency shall contact the Department of Highway Safety and

17  Motor Vehicles, or the appropriate agency of the state of

18  registration, if known, within 24 hours through the medium of

19  electronic communications giving the full description of the

20  vehicle.  Upon receipt of the full description of the vehicle,

21  the department shall search its files to determine the owner's

22  name, the name of the insurance company insuring the vehicle,

23  and whether any person has filed a lien upon the vehicle as

24  provided in s. 319.27(2) and (3) and notify the applicable law

25  enforcement agency within 72 hours.  The person in charge of

26  the towing service, garage, repair shop, or automotive

27  service, storage, or parking place shall obtain such

28  information from the applicable law enforcement agency within

29  5 days from the date of storage and shall, by certified mail,

30  return receipt requested, notify the owner, the insurer, and

31  all lienholders of the location of the vehicle and of the fact


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  1  that it is unclaimed.  Such notice shall be given within 7

  2  days, excluding Saturday and Sunday, from the date of storage

  3  and shall be complete upon mailing; however, if the state of

  4  registration is unknown, the person in charge of the towing

  5  service, garage, repair shop, or automotive service, storage,

  6  or parking place shall make a good faith best effort in so

  7  notifying the owner, the insurer, and any lienholders, and

  8  such notice shall be given within a reasonable period of time

  9  from the date of storage.

10         Section 319.  Except as otherwise provided herein, this

11  act shall take effect upon becoming a law.

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