House Bill 0967c1

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    Florida House of Representatives - 1999              CS/HB 967

        By the Committee on Transportation and Representatives
    Kyle and K. Smith





  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; amending s. 316.063,

  4         F.S.; revising language to refer to a traffic

  5         crash rather than accident; providing a

  6         noncriminal traffic infraction for obstructing

  7         traffic under certain circumstances; amending

  8         s. 316.1967, F.S.; revising language with

  9         respect to withholding motor vehicle

10         registrations for outstanding parking tickets;

11         amending s. 316.1975, F.S.; revising language

12         with respect to unattended motor vehicles;

13         amending s. 316.2055, F.S.; providing a uniform

14         reference to a noncriminal traffic infraction;

15         amending s. 316.211, F.S.; providing for

16         compliance with certain federal safety

17         standards with respect to equipment for

18         motorcycle and moped riders; amending s.

19         316.520, F.S.; providing that it is a

20         noncriminal traffic infraction punishable as a

21         moving violation to violate load limits on

22         vehicles; amending s. 316.640, F.S.; providing

23         for the employment of parking enforcement

24         specialists by airport authorities; providing

25         powers and duties; authorizing the Florida

26         Highway Patrol to employ certain persons as

27         traffic crash investigation officers; providing

28         for certain powers and duties; amending s.

29         318.14, F.S.; correcting cross references;

30         amending s. 318.15, F.S.; increasing the time

31         that failure to comply with the court's

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  1         directives must be reported to the Department

  2         of Highway Safety and Motor Vehicles; including

  3         reference to the tax collector with respect to

  4         the collection of certain service fees for

  5         reinstatement of suspended driver license;

  6         amending s. 318.18, F.S.; extending the date by

  7         which clerks of the court must provide

  8         information electronically to the Department of

  9         Highway Safety and Motor Vehicles; amending s.

10         319.14, F.S., relating to the sale of motor

11         vehicles registered or used as taxicabs, police

12         vehicles, lease vehicles, or rebuilt vehicles

13         and nonconforming vehicles; including reference

14         to short-term and long-term lease vehicles;

15         providing definitions; providing penalties;

16         amending s. 319.23, F.S.; revising language

17         with respect to application for title; amending

18         s. 319.30, F.S.; revising language with respect

19         to dismantling, destroying, or changing the

20         identity of a motor vehicle or mobile home;

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

22         "agricultural products"; amending s. 320.02,

23         F.S.; revising language with respect to

24         application for registration forms to include

25         certain identification information; amending s.

26         320.023, F.S.; revising language with respect

27         to the time for audits for organizations

28         receiving certain voluntary contributions;

29         amending s. 320.03, F.S.; revising the

30         distribution formula with respect to a fee

31         charged for the Florida Real Time Vehicle

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  1         Information System; amending s. 320.055, F.S.;

  2         revising language with respect to registration

  3         periods; amending s. 320.06, F.S.; revising

  4         manufacturer license plates; providing for

  5         manufacture of decals; repealing s. 320.065,

  6         F.S., relating to the registration of certain

  7         rental trailers for hire and semitrailers used

  8         to haul agricultural products; amending s.

  9         320.0657, F.S.; revising language with respect

10         to fleet license plates; providing fees;

11         amending s. 320.08, F.S.; deleting reference to

12         "collectible" motor vehicles; providing

13         reference to manufacturer license plates;

14         amending s. 320.08058, F.S.; revising language

15         with respect to the designation of the Florida

16         Salutes Veterans license plate; providing that

17         the annual use fee may be used for the

18         continuing promotion and marketing of the

19         plate; amending s. 320.083, F.S.; providing

20         additional specifications for a specialty

21         license plate for amateur radio operators;

22         deleting obsolete provisions; amending s.

23         320.086, F.S.; revising language with respect

24         to ancient or antique motor vehicles; deleting

25         reference to collectible vehicles; amending s.

26         320.13, F.S.; prohibiting the use of dealer

27         license plates under certain circumstances;

28         providing for manufacturer plates; amending s.

29         320.131, F.S.; authorizing agents or Florida

30         licensed dealers to issue temporary license

31         tags when such tag is not specifically

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  1         authorized; providing penalties with respect to

  2         certain violations concerning temporary tags;

  3         amending s. 320.1325, F.S.; revising language

  4         with respect to registration for the

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

  6         revising language with respect to the denial,

  7         suspension, or revocation of motor vehicle

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

  9         relating to the forfeiture of a motor vehicle;

10         providing for confiscation and a share to

11         certain counties or municipalities; amending s.

12         321.06, F.S.; authorizing the department to

13         employ certain traffic crash investigation

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

15         language with respect to certain applications

16         made by persons presently holding an

17         out-of-state driver license; amending s.

18         322.081, F.S.; revising language with respect

19         to the time for audits for organizations

20         receiving certain voluntary contributions;

21         amending s. 322.1615, F.S.; revising language

22         with respect to learner's driver's licenses;

23         amending s. 322.245, F.S.; increasing the time

24         the failure to comply with the court's

25         directives must be reported to the Department

26         of Highway Safety and Motor Vehicles; amending

27         s. 322.2615, F.S.; revising language with

28         respect to suspension of license; amending s.

29         322.28, F.S., relating to the period of

30         suspension or revocation of a license; amending

31         s. 322.34, F.S.; conforming a cross reference;

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  1         amending s. 325.207, F.S.; authorizing the

  2         solicitation of proposals for one contractor to

  3         conduct vehicle emissions inspections in all

  4         program areas of the state; amending s.

  5         327.031, F.S.; providing for the denial or

  6         cancellation of a vessel registration when

  7         payment for registration is made by a

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

  9         providing for replacement vessel registration;

10         amending s. 327.23, F.S.; providing for a

11         temporary certificate of registration for a

12         vessel by certain out-of-state residents;

13         amending s. 327.25, F.S.; revising language

14         with respect to transfer of ownership and

15         registration of vessels; providing an exemption

16         from vessel registration fees for vessels owned

17         and operated for the Florida Association of

18         Christian Child Caring Agencies, Inc.; creating

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

20         tax collectors with respect to vessel

21         registration; creating s. 327.256, F.S.;

22         providing procedures for advanced vessel

23         registration renewal; amending s. 328.01, F.S.;

24         revising language with respect to application

25         for a certificate of title for a vessel;

26         amending s. 328.11, F.S.; increasing the time

27         period to apply for a reissuance of a

28         certificate of title; amending s. 328.15, F.S.;

29         providing requirements with respect to certain

30         second liens on vessels; providing requirements

31         with respect to satisfaction of a lien on a

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  1         vessel; providing penalties for failure to

  2         comply; amending s. 328.16, F.S.; providing

  3         requirements with respect to liens; creating s.

  4         328.165, F.S.; providing for cancellation of

  5         certificates; amending s. 370.06, F.S.,

  6         relating to saltwater products licenses, to

  7         provide reference to registration; amending s.

  8         713.78, F.S.; providing an exemption from the

  9         requirement of an inventory of personal

10         property found in a motor vehicle to be removed

11         from the scene of an accident under certain

12         circumstances; amending ss. 732.9215 and

13         732.9216, F.S.; correcting cross references;

14         amending s. 812.014, F.S., relating to theft;

15         providing prohibition on theft of gasoline

16         while in a motor vehicle; amending s. 832.06,

17         F.S.; revising language with respect to

18         prosecution for worthless checks given to the

19         tax collector for certain licenses or taxes;

20         amending s. 932.701, F.S.; redefining the term

21         "contraband article," and reenacting ss.

22         705.101(6) and 932.703(4), F.S., relating to

23         forfeiture of contraband article, to

24         incorporate said amendment in references;

25         repealing section 14 of chapter 98-223, Laws of

26         Florida, relating to required security for the

27         operation of a motor vehicle; providing an

28         effective date.

29

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

31

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  1         Section 1.  Section 316.063, Florida Statutes, is

  2  amended to read:

  3         316.063  Duty upon damaging unattended vehicle or other

  4  property.--

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

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

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

  8  other vehicle or property, shall immediately stop and shall

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

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

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

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

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

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

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

16  unnecessary delay notify the nearest office of a duly

17  authorized police authority.  Every such stop shall be made

18  without obstructing traffic more than is necessary. If a

19  damaged vehicle is obstructing traffic, the driver shall make

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

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

22  who fails to comply with this subsection commits a misdemeanor

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

24  s. 775.083.

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

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

27  obstructing traffic, the driver shall make every reasonable

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

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

30  subsection is a noncriminal traffic infraction, punishable as

31  a nonmoving violation as provided in chapter 318.

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  1         (3)(2)  The law enforcement officer at the scene of a

  2  crash an accident required to be reported in accordance with

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

  4  officer receiving a report by a driver as required by

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

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

  7  livestock, promptly make a reasonable effort to notify the

  8  owner, occupant, or agent of this damage.

  9         Section 2.  Subsection (6) of section 316.1967, Florida

10  Statutes, is amended to read:

11         316.1967  Liability for payment of parking ticket

12  violations and other parking violations.--

13         (6)  Any county or municipality may provide by

14  ordinance that the clerk of the court or the traffic

15  violations bureau shall supply the department with a

16  magnetically encoded computer tape reel or cartridge or send

17  by other electronic means data which is machine readable by

18  the installed computer system at the department, listing

19  persons who have two three or more outstanding parking

20  violations, including violations of s. 316.1955. Each county

21  shall provide by ordinance that the clerk of the court or the

22  traffic violations bureau shall supply the department with a

23  magnetically encoded computer tape reel or cartridge or send

24  by other electronic means data that is machine readable by the

25  installed computer system at the department, listing persons

26  who have any outstanding violations of s. 316.1955 or any

27  similar local ordinance that regulates parking in spaces

28  designated for use by persons who have disabilities. The

29  department shall mark the appropriate registration records of

30  persons who are so reported. Section 320.03(8) applies to each

31  person whose name appears on the list.

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  1         Section 3.  Section 316.1975, Florida Statutes, is

  2  amended to read:

  3         316.1975  Unattended motor vehicle.--

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

  5  vehicle except a licensed delivery truck or other delivery

  6  vehicle while making deliveries, shall permit it to stand

  7  unattended without first stopping the engine, locking the

  8  ignition, and removing the key.  No vehicle shall be permitted

  9  to stand unattended upon any perceptible grade without

10  stopping the engine and effectively setting the brake thereon

11  and turning the front wheels to the curb or side of the

12  street.

13         (2)  This section shall not apply to the operator of:

14         (a)  An authorized emergency vehicle while in the

15  performance of official duties and the vehicle is equipped

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

17  from being driven; or

18         (b)  A licensed delivery truck or other delivery

19  vehicle while making deliveries.

20         Section 4.  Section 316.2055, Florida Statutes, is

21  amended to read:

22         316.2055  Motor vehicles, throwing advertising

23  materials in.--It is unlawful for any person on a public

24  street, highway, or sidewalk in the state to throw into, or

25  attempt to throw into, any motor vehicle, or offer, or attempt

26  to offer, to any occupant of any motor vehicle, whether

27  standing or moving, or to place or throw into any motor

28  vehicle any advertising or soliciting materials or to cause or

29  secure any person or persons to do any one of such unlawful

30  acts. A violation of this section shall be considered a

31

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  1  noncriminal traffic infraction, punishable as a pedestrian

  2  violation as provided in chapter 318.

  3         Section 5.  Section 316.211, Florida Statutes, is

  4  amended to read:

  5         316.211  Equipment for motorcycle and moped riders.--

  6         (1)  No person shall operate or ride upon a motorcycle

  7  unless the person is properly wearing protective headgear

  8  securely fastened upon his or her head which complies with 49

  9  C.F.R. s. 571.218. The department is authorized to promulgate

10  rules for the enforcement of this standard standards

11  established by the department.

12         (2)  No person shall operate a motorcycle unless the

13  person is wearing an eye-protective device over his or her

14  eyes of a type approved by the department.

15         (3)  This section shall not apply to persons riding

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

17  older who is operating or riding upon a motorcycle powered by

18  a motor with a displacement of 50 cubic centimeters or less or

19  is rated not in excess of 2 brake horsepower and which is not

20  capable of propelling such motorcycle at a speed greater than

21  30 miles per hour on level ground.

22         (4)  No person under 16 years of age shall operate or

23  ride upon a moped unless the person is properly wearing

24  protective headgear securely fastened upon his or her head

25  which complies with 49 C.F.R. s. 571.218. The department is

26  authorized to  promulgate rules for the enforcement of this

27  standard standards established by the department.

28         (5)  The department is authorized to approve protective

29  headgear made to specifications drawn and devised by, or

30  approved by, the American National Standards Institute, the

31  United States Department of Transportation, the United States

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  1  Consumer Products Safety Commission, the United States

  2  Department of Defense, or any other entity which can provide

  3  equally effective equipment specifications.  The department

  4  shall publish lists of protective equipment, and such lists

  5  shall be made available by request to all users of such

  6  equipment.

  7         Section 6.  Section 316.520, Florida Statutes, is

  8  amended to read:

  9         316.520  Loads on vehicles.--

10         (1)  No vehicle shall be driven or moved on any highway

11  unless the vehicle is so constructed or loaded as to prevent

12  any of its load from dropping, shifting, leaking, blowing, or

13  otherwise escaping therefrom, except that sand may be dropped

14  only for the purpose of securing traction or water or other

15  substance may be sprinkled on a roadway in cleaning or

16  maintaining the roadway.

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

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

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

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

21  similar material which could fall or blow from such vehicle,

22  to prevent such materials from falling, blowing, or in any way

23  escaping from such vehicle. Covering and securing the load

24  with a close-fitting tarpaulin or other appropriate cover is

25  required.

26         (3)  A violation of this section shall be considered a

27  noncriminal traffic infraction, punishable as a moving

28  violation as provided in chapter 318.

29         Section 7.  Paragraph (a) of subsection (1) of section

30  316.640, Florida Statutes, is amended, and paragraph (c) is

31  added to subsection (1) of said section, to read:

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  1         316.640  Enforcement.--The enforcement of the traffic

  2  laws of this state is vested as follows:

  3         (1)  STATE.--

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

  5  Department of Highway Safety and Motor Vehicles, the Division

  6  of Law Enforcement of the Game and Fresh Water Fish

  7  Commission, the Division of Law Enforcement of the Department

  8  of Environmental Protection, and law enforcement officers of

  9  the Department of Transportation each have authority to

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

11  streets and highways thereof and elsewhere throughout the

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

13  vehicle.

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 specialist, 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         (c)  The Division of Florida Highway Patrol may employ

10  as a traffic crash investigation officer any individual who

11  successfully completes at least 200 hours of instruction in

12  traffic crash investigation and court presentation through the

13  Selective Traffic Enforcement Program as approved by the

14  Criminal Justice Standards and Training Commission and funded

15  through the National Highway Traffic Safety Administration or

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

17  necessarily meet the uniform minimum standards established by

18  the commission for law enforcement officers or auxiliary law

19  enforcement officers under chapter 943. Any such traffic crash

20  investigation officer who makes an investigation at the scene

21  of a traffic crash may issue traffic citations, based upon

22  personal investigation, when he or she has reasonable and

23  probable grounds to believe that a person who was involved in

24  the crash committed an offense under this chapter, chapter

25  319, chapter 320, or chapter 322 in connection with the crash.

26  This paragraph does not permit the carrying of firearms or

27  other weapons, nor do such officers have arrest authority

28  other than for the issuance of a traffic citation as

29  authorized in this paragraph.

30         Section 8.  Subsections (1), (4), and (9) of section

31  318.14, Florida Statutes, are amended to read:

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  1         318.14  Noncriminal traffic infractions; exception;

  2  procedures.--

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

  4  320.07(3)(c)(b), any person cited for a violation of s.

  5  240.265, chapter 316, s. 320.0605(1), s. 320.07(3)(a) or (b),

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

  7  or s. 322.19 is charged with a noncriminal infraction and must

  8  be cited for such an infraction and cited to appear before an

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

10  noncriminal infraction, the person cited may be required to

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

12  addition to any other penalties.

13         (4)  Any person charged with a noncriminal infraction

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

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

16  mail or in person, within 30 days of the date of receiving the

17  citation.  If the person cited follows the above procedure, he

18  or she shall be deemed to have admitted the infraction and to

19  have waived his or her right to a hearing on the issue of

20  commission of the infraction.  Such admission shall not be

21  used as evidence in any other proceedings.  Any person who is

22  cited for a violation of s. 320.0605(1) or s. 322.15(1), or

23  subject to a penalty under s. 320.07(3)(a) or (b) or s.

24  322.065, and who makes an election under this subsection shall

25  submit proof of compliance with the applicable section to the

26  clerk of the court. For the purposes of this subsection, proof

27  of compliance consists of a valid driver's license or a valid

28  registration certificate.

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

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

31  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

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

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

  3  driver improvement course approved by the Department of

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

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

  6  322.27, may not be assessed; and the civil penalty that is

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

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

  9  subsection if the person has made an election under this

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

11  more than five elections under this subsection. The

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

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

14  adjudication of guilt by a court.

15         Section 9.  Paragraph (a) of subsection (1) and

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

17  amended to read:

18         318.15  Failure to comply with civil penalty or to

19  appear; penalty.--

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

21  penalties provided in s. 318.18 within the time period

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

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

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

25  the Department of Highway Safety and Motor Vehicles of such

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

27  such notice, the department shall immediately issue an order

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

29  person effective 20 days after the date the order of

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

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

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  1  has not been reinstated, including a similar suspension

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

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

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

  5  years from the date it is imposed.

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

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

  8  license and privilege may not be reinstated until the person

  9  complies with all obligations and penalties imposed on him or

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

11  certificate of compliance issued by the court, together with

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

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

14  court or tax collector clearing such suspension.  Such person

15  shall also be in compliance with requirements of chapter 322

16  prior to reinstatement.

17         Section 10.  Paragraph (a) of subsection (8) of section

18  318.18, Florida Statutes, 1998 Supplement, is amended to read:

19         318.18  Amount of civil penalties.--The penalties

20  required for a noncriminal disposition pursuant to s. 318.14

21  are as follows:

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

23  requirements or who fails to pay the civil penalties specified

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

25  318.14 must pay an additional civil penalty of $12, $2.50 of

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

27  $9.50 of which must be deposited in the Highway Safety

28  Operating Trust Fund. There is hereby appropriated from the

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

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

31  department shall contract with the Florida Association of

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

  2  and maintain an automated statewide Uniform Traffic Citation

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

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

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

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

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

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

  9  court must provide the information required by this chapter to

10  be transmitted to the department by electronic transmission

11  pursuant to the contract.

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

13  319.14, Florida Statutes, are amended to read:

14         319.14  Sale of motor vehicles registered or used as

15  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

16  and nonconforming vehicles.--

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

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

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

20  which will no longer be in lease service after April 29, 1990,

21  or a vehicle which has been repurchased by a manufacturer

22  pursuant to a settlement, determination, or decision under

23  chapter 681, until the department has stamped in a conspicuous

24  place on the certificate of title of the vehicle, or its

25  duplicate, words stating the nature of the previous use of the

26  vehicle or the title has been stamped "Manufacturer's Buy

27  Back" to reflect that the vehicle is a nonconforming vehicle.

28  If the certificate of title or duplicate was not so stamped

29  upon initial issuance thereof or if, subsequent to initial

30  issuance of the title, the use of the vehicle is changed to a

31  use requiring the notation provided for in this section, the

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  1  owner or lienholder of the vehicle shall surrender the

  2  certificate of title or duplicate to the department prior to

  3  offering the vehicle for sale, and the department shall stamp

  4  the certificate or duplicate as required herein.  When a

  5  vehicle has been repurchased by a manufacturer pursuant to a

  6  settlement, determination, or decision under chapter 681, the

  7  title shall be stamped "Manufacturer's Buy Back" to reflect

  8  that the vehicle is a nonconforming vehicle.

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

10  exchange a rebuilt vehicle until the department has stamped in

11  a conspicuous place on the certificate of title for the

12  vehicle words stating that the vehicle has been rebuilt,

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

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

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

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

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

18  with this chapter and the department has conducted the

19  physical examination of the vehicle to assure the identity of

20  the vehicle.

21         (c)  As used in this section:

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

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

24  law enforcement.

25         2.a.  "Short-term lease vehicle" means a motor vehicle

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

27  person for a period of 12 months or longer or to one or more

28  persons from time to time for a period of less than 12 months.

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

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

31  person for a period of 12 months or longer.

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  1         c.  "Lease vehicle" means both short-term lease vehicle

  2  and long-term lease vehicle.

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

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

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

  6  mobile home assembled from parts of motor vehicles or mobile

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

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

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

10  319.30.

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

12  vehicles neither of which has been titled and branded as

13  "Salvage Unrebuildable."

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

15  kit supplied by a manufacturer to rebuild a wrecked or

16  outdated motor vehicle with a new body kit.

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

18  supplied by a manufacturer to rebuild a wrecked or outdated

19  truck or truck tractor.

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

21  manufactured to look like an old vehicle.

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

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

24  319.30(3)(a) resulting from damage caused by water.

25         10.  "Nonconforming vehicle" means a motor vehicle

26  which has been purchased by a manufacturer pursuant to a

27  settlement, determination, or decision under chapter 681.

28         11.  "Settlement" means an agreement entered into

29  between a manufacturer and a consumer that occurs after a

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

31  settlement procedure established by a manufacturer or is

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  1  approved for arbitration before the New Motor Vehicle

  2  Arbitration Board as defined in s. 681.102.

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

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

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

  6  disclosing in writing to the purchaser, customer, or

  7  transferee the fact that the vehicle has previously been

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

  9  short-term lease vehicle or is a vehicle that is rebuilt,

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

11  kit, replica, or flood vehicle, or is a nonconforming vehicle,

12  as the case may be.

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

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

15  or intentionally advertises, publishes, disseminates,

16  circulates, or places before the public in any communications

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

18  exchange the vehicle shall clearly and precisely state in each

19  such offer that the vehicle has previously been titled,

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

21  short-term lease vehicle or that the vehicle or mobile home is

22  a vehicle that is rebuilt, assembled from parts, or combined,

23  or is a kit car, glider kit, replica, or flood vehicle, or a

24  nonconforming vehicle, as the case may be.  Any person who

25  violates this subsection is guilty of a misdemeanor of the

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

27  775.083.

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

29  Florida Statutes, are amended to read:

30         319.23  Application for, and issuance of, certificate

31  of title.--

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

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

  3  application, unless otherwise provided for in this chapter,

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

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

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

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

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

  9  state.  The application shall also be accompanied by:

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

11  verifying that the vehicle identification number shown on the

12  affidavit is identical to the vehicle identification number

13  shown on the motor vehicle; or

14         2.  An appropriate departmental form evidencing that a

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

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

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

18  provided by s. 320.58, an employee of an emissions contractor

19  pursuant to s. 325.207, or a notary public commissioned by

20  this state and that the vehicle identification number shown on

21  such form is identical to the vehicle identification number

22  shown on the motor vehicle; and

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

24  affidavit from the owner verifying that the odometer reading

25  shown on the affidavit is identical to the odometer reading

26  shown on the motor vehicle in accordance with the requirements

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

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

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

30  this state for the first time.

31

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

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

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

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

  5  of sale, an affidavit by the owner defending the title from

  6  all claims.  The bill of sale must contain a complete vehicle

  7  description to include the vehicle identification or engine

  8  number, year make, color, selling price, and signatures of the

  9  seller and purchaser.

10

11  Verification of the vehicle identification number shall not be

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

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

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

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

16  fifth-wheel recreation trailer.

17         (8)  The title certificate or application for title

18  shall contain the applicant's full first name, middle initial,

19  last name, date of birth, and sex, personal or business

20  identification information which may include, but need not be

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

22  card number, or federal employer identification number, and

23  the license plate number or in lieu thereof an affidavit

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

25  operated upon the public highways of this state.

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

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

28  Supplement, are amended, and subsection (9) is added to said

29  section, to read:

30         319.30  Definitions; dismantling, destruction, change

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

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

  2  her possession any motor vehicle or mobile home when the

  3  manufacturer's identification number plate or serial plate has

  4  been removed therefrom. However, nothing in this subsection

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

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

  7  state requiring such vehicle's identification number plate to

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

  9  an affidavit from the seller describing the vehicle by

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

11  vehicle's identification number plate was surrendered. Any

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

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

14  775.083, or s. 775.084.

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

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

17  away any certificate of title or manufacturer's identification

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

19  home, or derelict which has been sold as salvage contrary to

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

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

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

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

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

25  away such certificate of title or manufacturer's

26  identification number plate or serial plate is guilty of a

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

28  775.082, s. 775.083, or s. 775.084.

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

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

31  away any manufacturer's identification number plate or serial

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  1  plate of any motor vehicle or mobile home which has been

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

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

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

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

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

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

  8  identification number plate or serial plate is guilty of a

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

10  775.082, s. 775.083, or s. 775.084.

11         (c)  Nothing in this chapter shall be construed to

12  apply to anyone who removes, possesses, or replaces a

13  manufacturer's identification number plate, in the course of

14  performing repairs on a vehicle, that require such removal or

15  replacement.  In the event that the repair requires

16  replacement of a vehicle part that contains the manufacturer's

17  identification number plate, the manufacturer's identification

18  number plate that is assigned to the vehicle being repaired

19  will be installed on the replacement part. The manufacturer's

20  identification number plate that was removed from this

21  replacement part will be installed on the part that was

22  removed from the vehicle being repaired.

23         (8)

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

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

26  right of inspection as law enforcement officers as provided in

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

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

29  775.082, s. 775.083, or s. 775.084.

30

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  1         (9)  Any person who violates this section commits a

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

  3  775.082, s. 775.083, or s. 775.084.

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

  5  320.01, Florida Statutes, to read:

  6         320.01  Definitions, general.--As used in the Florida

  7  Statutes, except as otherwise provided, the term:

  8         (42)  For purposes of this chapter, "agricultural

  9  products" means any food product; any agricultural,

10  horticultural, or livestock product; any raw material used in

11  plant food formulation; and any plant food used to produce

12  food and fiber.

13         Section 15.  Paragraph (a) of subsection (2) of section

14  320.02, Florida Statutes, 1998 Supplement, is amended to read:

15         320.02  Registration required; application for

16  registration; forms.--

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

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

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

20  accompanied by personal or business identification information

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

22  license number, Florida identification card number, or federal

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

24  permanent residence or permanent place of business or if the

25  owner's permanent residence or permanent place of business

26  cannot be identified by a street address, the application

27  shall include:

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

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

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

31  who is in a supervisory position.

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

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

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

  4         Section 16.  Subsections (5), (6), and (7) of section

  5  320.023, Florida Statutes, 1998 Supplement, are amended to

  6  read:

  7         320.023  Requests to establish voluntary checkoff on

  8  motor vehicle registration application.--

  9         (5)  A voluntary contribution collected and distributed

10  under this chapter, or any interest earned from those

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

12  activities nor for general or administrative expenses, except

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

14  report required by law.

15         (6)(a)  All organizations that receive annual use fee

16  proceeds from the department are responsible for ensuring that

17  proceeds are used in accordance with law.

18         (b)  All organizational recipients of any voluntary

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

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

21  submit an annual audit of the expenditures of these

22  contributions and interest earned from these contributions, to

23  determine if expenditures are being made in accordance with

24  the specifications outlined by law. The audit shall be

25  prepared by a certified public accountant licensed under

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

27  notes to the financial statements should state whether

28  expenditures were made in accordance with law. Such audits

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

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

31

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

  2  receiving less than $15,000 in voluntary contributions

  3  directly from the department may annually report, under

  4  penalties of perjury, that such proceeds were used in

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

  6  a form and format determined by the department.

  7         (d)  Any voluntary contributions authorized by law

  8  shall only be distributed to an organization under an

  9  appropriation by the Legislature.

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

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

12  organization's fiscal year.

13         (7)(6)  Within 90 days after receiving an

14  organization's audit or report By February 1 each year, the

15  department shall determine which recipients have not complied

16  with subsection (6) (5).  If the department determines that an

17  organization has not complied  or has failed to use the

18  revenues in accordance with law, the department must

19  discontinue the distribution of the revenues to the

20  organization until the department determines that the

21  organization has complied. If an organization fails to comply

22  within 12 months after the voluntary contributions are

23  withheld by the department, the proceeds shall be deposited

24  into the Highway Safety Operating Trust Fund to offset

25  department costs.

26         (8)(7)  The Auditor General and the department have the

27  authority to examine all records pertaining to the use of

28  funds from the voluntary contributions authorized.

29         Section 17.  Subsection (5) of section 320.03, Florida

30  Statutes, 1998 Supplement, is amended to read:

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  1         320.03  Registration; duties of tax collectors;

  2  International Registration Plan.--

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

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

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

  6  Vehicle Information System.  The fees collected hereunder

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

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

  9  the Florida Real Time Vehicle Information System that system

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

11  department; and 25 cents into the Highway Safety Operating

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

13  Time Vehicle Information System and the only use of this

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

15  Vehicle Information System equipment, software, and networks

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

17  the department and the ancillary technology necessary to

18  integrate the Florida Real Time Vehicle Information System

19  with other tax collection systems. The department shall

20  administer this program upon consultation with The Florida Tax

21  Collectors, Inc., to ensure each county tax collector office

22  will be technologically equipped and functional for the

23  operation of the Florida Real Time Vehicle Information System.

24  Any of the designated revenue collected to support functions

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

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

27  following year.

28         Section 18.  Subsections (2) and (7) of section

29  320.055, Florida Statutes, are amended to read:

30

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  1         320.055  Registration periods; renewal periods.--The

  2  following registration periods and renewal periods are

  3  established:

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

  5  320.08(11), the registration period begins January 1 and ends

  6  December 31.  For a vehicle subject to this registration

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

  8  expiration beginning January 1.

  9         (7)  For those vehicles subject to registration under

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

11  distributes the registration renewal process throughout the

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

13  the registration period begins December 1 and ends November

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

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

16         Section 19.  Paragraph (a) of subsection (3) and

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

18  Statutes, are amended to read:

19         320.06  Registration certificates, license plates, and

20  validation stickers generally.--

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

22  specially treated with a retroreflective material, as

23  specified by the department. The registration license plate is

24  designed to increase nighttime visibility and legibility and

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

26  length, unless a plate with reduced dimensions is deemed

27  necessary by the department to accommodate motorcycles,

28  mopeds, or similar smaller vehicles. Validation stickers shall

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

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

31  license plate. The registration license plate shall be

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  1  imprinted with a combination of bold letters and numerals or

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

  3  registration license plate number. The license plate shall

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

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

  6  that apportioned license plates shall have the word

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

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

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

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

11  320.08(12) must be imprinted with the word "Florida" at the

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

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

14  imprinted with "Florida" at the top and "Manufacturer" at the

15  bottom., except that gross-vehicle-weight vehicles owned by a

16  licensed motor vehicle dealer may be issued a license plate

17  with the word "Restricted."  License plates issued for

18  vehicles taxed under s. 320.08(5)(d) or (e) must be imprinted

19  with the word "Wrecker" at the bottom.  Any county may, upon

20  majority vote of the county commission, elect to have the

21  county name removed from the license plates sold in that

22  county. The words "Sunshine State" shall be printed in lieu

23  thereof.  In those counties where the county commission has

24  not removed the county name from the license plate, the tax

25  collector may, in addition to issuing license plates with the

26  county name printed on the license plate, also issue license

27  plates with the words "Sunshine State" printed on the license

28  plate subject to the approval of the department and a

29  legislative appropriation for the additional license plates.

30  A license plate issued for a vehicle taxed under s. 320.08(6)

31  may not be assigned a registration license number, or be

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  1  issued with any other distinctive character or designation,

  2  that distinguishes the motor vehicle as a for-hire motor

  3  vehicle.

  4         (4)

  5         (b)  For the purposes of authorizing the corporation

  6  organized pursuant to chapter 946 to manufacture license

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

  8  of Highway Safety and Motor Vehicles as provided in this

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

10  Corrections in paragraph (a) means the Department of

11  Corrections or the corporation organized pursuant to chapter

12  946, and the Department of Highway Safety and Motor Vehicles

13  is not required to obtain competitive bids in order to

14  contract with such corporation.

15         Section 20.  Section 320.065, Florida Statutes, is

16  repealed.

17         Section 21.  Section 320.0657, Florida Statutes, is

18  amended to read:

19         320.0657  Permanent registration; fleet license

20  plates.--

21         (1)(a)  For purposes of this section, the term "fleet"

22  means nonapportioned motor vehicles owned or leased by a

23  company and used for business purposes. Vehicle numbers

24  comprising a "fleet" shall be established by the department.

25  Vehicles registered as short term rental vehicles are excluded

26  from the provisions of this section.

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

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

29  prescribed and upon approval by the department and payment of

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

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

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  1  fleet license plates. The owner or lessee of 250 or more

  2  nonapportioned commercial motor vehicles licensed under s.

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

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

  5  magnetically encoded computer tape reel or cartridge which is

  6  machine readable by the installed computer system at the

  7  department for permanent license plates. All vehicles with a

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

  9  unit number displayed so that they are readily identifiable.

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

11  registered in accordance with this section, and no annual

12  validation sticker is required.

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

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

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

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

17  specified herein.

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

19  320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an

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

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

22  plates issued for the established number of vehicles in the

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

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

25  plate manufacturing fee. If the license plate manufacturing

26  cost increases, the department shall increase the license

27  plate manufacturing fee to recoup its cost. Fees collected

28  shall be deposited into the Highway Safety Operating Trust

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

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

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

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  1  320.0605 do not apply to vehicles registered in accordance

  2  with this section, and no annual validation sticker is

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

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

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

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

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

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

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

10  collectors shall be deposited into the Highway Safety

11  Operating Trust Fund. Payment of registration license tax and

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

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

14  registrations shall not be available for vehicles registered

15  in accordance with the provisions of this section. The

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

17  renewal process.

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

19  properly and timely renew or initially register vehicles in

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

21  $50 or 10 percent of the delinquent taxes due, whichever is

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

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

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

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

26  penalty may not be less than $50.

27         (4)  All recipients of fleet license plates authorized

28  by this section must provide the department with an annual

29  vehicle reconciliation and must annually surrender all

30  unassigned license plates. Failure to comply with this

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

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  1  occurrence, or in suspension or termination from the fleet

  2  program.

  3         (2)  All recipients of permanent license plates

  4  authorized by this section shall submit an annual audit as

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

  6  a percentage of the vehicles registered by each owner or

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

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

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

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

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

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

13  be prepared by a certified public accountant licensed under

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

15  performed to standards prescribed by the department. Such

16  audits shall be delivered to the department on or before

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

18  audit determines are due the department shall be submitted to

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

20  found to be habitually abusing the privileges afforded by

21  permanent licensure shall forfeit the bond required in

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

23  relinquish all permanent license plates, and not be eligible

24  to continue to participate in the program.

25         (5)(3)  The department is authorized to adopt such

26  rules as necessary to comply with this section.

27         Section 22.  Paragraph (e) of subsection (1), paragraph

28  (a) of subsection (2), paragraph (e) of subsection (3), and

29  subsection (12) of section 320.08, Florida Statutes, 1998

30  Supplement, are amended to read:

31

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  1         320.08  License taxes.--Except as otherwise provided

  2  herein, there are hereby levied and imposed annual license

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

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

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

  6  the department or its agent upon the registration or renewal

  7  of registration of the following:

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

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

10  $10 flat.

11         (2)  AUTOMOBILES FOR PRIVATE USE.--

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

13  as defined in s. 320.086 or street rod as defined in s.

14  320.0863: $7.50 flat.

15         (3)  TRUCKS.--

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

17  defined in s. 320.086: $7.50 flat.

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

19  franchised motor vehicle dealer, independent motor vehicle

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

21  manufacturer license plate: $12.50 flat.

22         Section 23.  Subsection (4) of section 320.08058,

23  Florida Statutes, 1998 Supplement, is 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. The Florida Salutes Veterans license plate

30  developed by the department must have a white background and

31  must be designed so that the word "Florida" appears in red

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  1  characters at the top of the plate; the words "Salutes

  2  Veterans" appear at the bottom of the plate in white

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

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

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

  6  either side of the flag.

  7         (b)  The Florida Salutes Veterans license plate annual

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

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

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

11  Affairs and must be used solely for the purpose of

12  constructing, operating, and maintaining domiciliary and

13  nursing homes for veterans and for continuing promotion and

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

15  chapter 216.

16         Section 24.  Section 320.083, Florida Statutes, is

17  amended to read:

18         320.083  Amateur radio operators; citizens' band radio

19  operators; special license plates; fees.--

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

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

22  5,000 pounds, or a recreational vehicle as specified in s.

23  320.08(9)(c) or (d), which is not used for hire or commercial

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

25  official amateur radio station license or citizens' band radio

26  station license issued by the Federal Communications

27  Commission shall be issued a special license plate upon

28  application, accompanied by proof of ownership of such radio

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

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

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

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

  2  fee of $1.50 thereafter.

  3         (2)  The license plate issued shall meet the

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

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

  6  official amateur radio call letters or the official citizens'

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

  8  assigned by the Federal Communications Commission, including

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

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

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

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

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

14  inscribed.

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

16  the department.

17         Section 25.  Section 320.086, Florida Statutes, is

18  amended to read:

19         320.086  Ancient or, antique, or collectible motor

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

21  historical license plates.--

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

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

24  manufactured in 1945 1927 or earlier or manufactured to the

25  specifications of the original engine, and operated on the

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

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

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

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

30  special license plate for such motor vehicle.  The license

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

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

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

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

  4  may be prescribed by the department commensurate with the cost

  5  of its manufacture.  The registration numbers and special

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

  7  separate numerical series, commencing with "Horseless Carriage

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

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

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

11  manufactured between 1928 and 1945, inclusive, or manufactured

12  to the specifications of the original engine and operated on

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

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

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

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

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

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

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

20  the department commensurate with the cost of its manufacture.

21  The registration numbers and special license plates assigned

22  to such motor vehicles shall run in a separate numerical

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

24  plates shall be of a distinguishing color.

25         (2)(3)(a)  The owner of a motor vehicle for private use

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

27  from the date of manufacture, equipped with an engine of the

28  age of 30 20 years or more from the date of manufacture, and

29  operated on the streets and highways of this state may shall,

30  upon application in the manner and at the time prescribed by

31  the department and upon payment of the license tax prescribed

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

  2  license plate for such motor vehicle.  In addition to the

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

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

  5  may be prescribed by the department commensurate with the cost

  6  of its manufacture.  The registration numbers and special

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

  8  separate numerical series, commencing with "Antique

  9  Collectible No. 1," and the plates shall be of a

10  distinguishing color. The owner of such motor vehicle may,

11  upon application and payment of the license tax prescribed by

12  s. 320.08, be issued a regular Florida graphic license plate

13  or specialty license plate in lieu of the "Antique" license

14  plate.

15         (b)  Motor vehicles currently licensed under this

16  section which have been issued a permanent license plate prior

17  to October 1, 1999, shall maintain such plate unless the

18  vehicle is transferred to a new owner. Motor vehicles

19  currently licensed under this section with a "Collectible"

20  license plate may retain that license plate until the next

21  regularly scheduled replacement.

22         (3)  The owner of an ancient or antique fire fighting

23  apparatus or other historical motor vehicle or trailer

24  identifiable as a military trailer 30 years old or older which

25  is only used in exhibitions, parades, or public display may,

26  upon application in the manner and at the time prescribed by

27  the department and upon payment of the license tax prescribed

28  by s. 320.08(2)(a), be issued a license plate as prescribed in

29  subsection (1) or subsection (2). License plates issued under

30  this subsection shall be permanent and valid for use without

31  renewal as long as the vehicle is in existence and its use is

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  1  consistent with this subsection. Motor vehicles with a model

  2  year of 1928-1960, registered as ancient prior to July 1,

  3  1996, shall be grandfathered to maintain a permanent license

  4  plate unless a vehicle with a model year of 1946-1960 is

  5  transferred to a new owner. Upon transfer of a vehicle with a

  6  model year of 1946-1960, after July 1, 1996, the vehicle shall

  7  be registered as a collectible and required to renew annually

  8  as prescribed by s. 320.08.

  9         (4)  Any person who is the registered owner of a an

10  ancient, antique, or collectible motor vehicle as defined in

11  this section, manufactured in the model year 1974 or earlier,

12  may apply to the department for permission to use a historical

13  Florida license plate which clearly represents the model year

14  of the vehicle as a personalized prestige license plate.  This

15  plate shall be furnished by such person and shall be presented

16  to the department with a reasonable fee to be determined by

17  the department for approval and for authentication that the

18  historic license plate and any applicable decals were issued

19  by this state in the same year as the model year of the car or

20  truck.  The requirements of s. 320.0805(8)(b) do not apply to

21  historical plates authorized under this subsection.

22         Section 26.  Paragraph (a) of subsection (1) and

23  subsection (2) of section 320.13, Florida Statutes, are

24  amended to read:

25         320.13  Dealer and manufacturer license plates and

26  alternative method of registration.--

27         (1)(a)  Any licensed motor vehicle dealer and any

28  licensed mobile home dealer may, upon payment of the license

29  tax imposed by s. 320.08(12)(11), secure one or more dealer

30  license plates, which are valid for use on motor vehicles or

31  mobile homes owned by the dealer to whom such plates are

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  1  issued while the motor vehicles are in inventory and for sale,

  2  or while being operated in connection with such dealer's

  3  business, but are not valid for use for hire. Dealer license

  4  plates may not be used on any tow truck or wrecker unless the

  5  tow truck or wrecker is being demonstrated for sale, nor can

  6  the dealer license plates be used on vehicles used to

  7  transport another motor vehicle for the dealership.

  8         (2)  A licensed manufacturer of motor vehicles may,

  9  upon payment of the license tax imposed by s. 320.08(12),

10  secure one or more manufacturer license plates, which are

11  valid for use on motor vehicles owned by the manufacturer to

12  whom such plates are issued, which the motor vehicles are in

13  inventory and for sale or while being operated for

14  demonstration purposes or in connection with such

15  manufacturer's business. Manufacturer license plates are not

16  valid for use for hire. A dealer license plate may be replaced

17  by the department upon submittal of an affidavit stating that

18  the original has been actually destroyed or lost and payment

19  of a fee of $2.

20         Section 27.  Paragraph (k) of subsection (1) of section

21  320.131, Florida Statutes, is amended, and subsections (5),

22  (6), and (7) are added to said section, to read:

23         320.131  Temporary tags.--

24         (1)  The department is authorized and empowered to

25  design, issue, and regulate the use of temporary tags to be

26  designated "temporary tags" for use in the following cases:

27         (k)  In any case where a permanent license plate can

28  not legally be issued to an applicant and a temporary license

29  plate is not specifically authorized under the provisions of

30  this section, the department shall have the discretion to

31  issue or authorize agents or Florida licensed dealers to issue

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  1  temporary license plates to applicants demonstrating a need

  2  for such temporary use.

  3

  4  Further, the department is authorized to disallow the purchase

  5  of temporary tags by licensed dealers, common carriers, or

  6  financial institutions in those cases where abuse has

  7  occurred.

  8         (5)  Any person who knowingly and willfully abuses or

  9  misuses temporary tag issuance to avoid registering a vehicle

10  requiring registration pursuant to this chapter or chapter 319

11  commits a misdemeanor of the first degree, punishable as

12  provided in s. 775.082 or s. 775.083.

13         (6)  Any person who knowingly and willfully issues a

14  temporary tag or causes another to issue a temporary tag to a

15  fictitious person or entity to avoid disclosure of the true

16  owner of a vehicle commits a felony of the third degree,

17  punishable as provided in s. 775.082, s. 775.083, or s.

18  775.084.

19         (7)  Any person authorized by this section to purchase

20  and issue a temporary tag shall be required to maintain

21  records as required by this chapter or departmental rules and

22  such records shall be open to inspection by the department or

23  its agents during reasonable business hours. Any person who

24  knowingly and willfully fails to comply with this subsection

25  commits a misdemeanor of the second degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         Section 28.  Section 320.1325, Florida Statutes, is

28  amended to read:

29         320.1325  Registration required for the temporarily

30  employed.--Motor vehicles owned or leased by persons who are

31  temporarily employed within the state but are not residents

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  1  are required to be registered. Upon payment of the fees

  2  prescribed in this section and proof of insurance coverage as

  3  required by the applicant's resident state, the department

  4  shall provide a temporary registration plate and a

  5  registration certificate valid for 90 days to an applicant who

  6  is temporarily employed in this the state. The temporary

  7  registration plate may be renewed one time for an additional

  8  90-day period. At the end of the 180-day period of temporary

  9  registration, the applicant shall apply for a permanent

10  registration if there is a further need to remain in this

11  state. A temporary license registration plate may not be

12  issued for any commercial motor vehicle as defined in s.

13  320.01. The fee for the 90-day temporary registration plate

14  shall be $40 plus the applicable service charge required by s.

15  320.04. Subsequent permanent registration and titling of a

16  vehicle registered hereunder shall subject the applicant to

17  providing proof of Florida insurance coverage as specified in

18  s. 320.02 and payment of the fees required by ss. 319.231 and

19  320.072, in addition to all other taxes and fees required.

20         Section 29.  Paragraph (v) is added to subsection (9)

21  of section 320.27, Florida Statutes, to read:

22         320.27  Motor vehicle dealers.--

23         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

24  may deny, suspend, or revoke any license issued hereunder or

25  under the provisions of s. 320.77 or s. 320.771, upon proof

26  that a licensee has failed to comply with any of the following

27  provisions with sufficient frequency so as to establish a

28  pattern of wrongdoing on the part of the licensee:

29         (v)  Sale by a motor vehicle dealer of a vehicle

30  offered in trade by a customer prior to consummation of the

31

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  1  sale, exchange, or transfer of a newly acquired vehicle to the

  2  customer.

  3         Section 30.  Section 320.30, Florida Statutes, is

  4  amended to read:

  5         320.30  Penalty for violating s. 320.28.--No action or

  6  right of action to recover any such motor vehicle, or any part

  7  of the selling price thereof, shall be maintained in the

  8  courts of this state by any such dealer or vendor or his or

  9  her successors or assigns in any case wherein such vendor or

10  dealer shall have failed to comply with the terms and

11  provisions of s. 320.28, and in addition thereto, such vendor

12  or dealer, upon conviction for the violation of any of the

13  provisions of said sections, shall be guilty of a misdemeanor

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

15  s. 775.083 and by confiscation of the vehicle or vehicles

16  offered for sale. Any municipal or county law enforcement

17  agency which enforces, or assists the department in enforcing,

18  the provisions of this section which results in a forfeiture

19  of property as provided in this section, shall be entitled to

20  receive all or a share of any such property based upon their

21  participation in such enforcement. Any property seized by any

22  municipal or county law enforcement agency may be retained or

23  sold by the law enforcement agency in accordance with the

24  Florida Contraband Forfeiture Act. Any funds received by a

25  municipal or county law enforcement agency pursuant to this

26  section shall be supplemental funds and may not be used as

27  replacement funds by the municipality or county. However, this

28  section shall not apply to the holder of a note or notes

29  representing a portion of the purchase price of such motor

30  vehicle when the owner thereof was and is a bona fide

31  purchaser of said note or notes, before maturity, for value

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  1  and without knowledge that the vendor of such vehicle had not

  2  complied with said sections.

  3         Section 31.  Section 321.06, Florida Statutes, is

  4  amended to read:

  5         321.06  Civil service.--

  6         (1)  The Department of Highway Safety and Motor

  7  Vehicles is hereby empowered and directed to make civil

  8  service rules governing the employment and tenure of the

  9  members of the highway patrol. All persons employed as said

10  patrol officers shall be subject to said civil service rules

11  and regulations, and any amendment thereto which may

12  thereafter from time to time be adopted.  The department may,

13  for cause, discharge, suspend or reduce in rank or pay, any

14  member of said highway patrol by presenting to such employee

15  the reason or reasons therefor in writing, subject to the

16  civil service rules and regulations of the department, and

17  subject to the review of the Governor and Cabinet, as head of

18  the department who shall serve as a court of inquiry in such

19  cases and shall hear all complaints and defenses, if requested

20  by such employee.  Their decision shall be final and

21  conclusive.  Such civil service rules or regulations shall be

22  subject to the revision of the Legislature in the event civil

23  service rules adopted by the department are declared unlawful

24  or unreasonable.

25         (2)  The department may employ traffic crash

26  investigation officers who must complete any applicable

27  standards promulgated by the Florida Highway Patrol,

28  including, but not limited to:  cognitive testing, drug

29  testing, polygraph testing, psychological testing, and an

30  extensive background check including a credit check.

31

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  1         Section 32.  Subsections (6) and (7) of section 322.08,

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

  3         322.08  Application for license.--

  4         (6)  Every application under this section made by a

  5  person who presently holds an out-of-state license shall be

  6  accompanied by a copy of the Florida registration certificate

  7  showing registration under chapter 320 for every motor vehicle

  8  which is owned by the applicant, or, if he or she does not own

  9  any vehicle required to be registered under chapter 320, an

10  affidavit to that effect.

11         (6)(7)  The application form for a driver's license or

12  duplicate thereof shall include language permitting the

13  following:

14         (a)  A voluntary contribution of $5 per applicant,

15  which contribution shall be transferred into the Election

16  Campaign Financing Trust Fund.

17         (b)  A voluntary contribution of $1 per applicant,

18  which contribution shall be deposited into the Florida Organ

19  and Tissue Donor Education and Procurement Trust Fund for

20  organ and tissue donor education and for maintaining the organ

21  and tissue donor registry.

22         (c)  A voluntary contribution of $1 per applicant,

23  which contribution shall be distributed to the Florida Council

24  of the Blind.

25

26  A statement providing an explanation of the purpose of the

27  trust funds shall also be included.

28         Section 33.  Subsections (5), (6), and (7) of section

29  322.081, Florida Statutes, 1998 Supplement, are amended to

30  read:

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  1         322.081  Requests to establish voluntary checkoff on

  2  driver's license application.--

  3         (5)  A voluntary contribution collected and distributed

  4  under this chapter, or any interest earned from those

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

  6  activities nor for general or administrative expenses, except

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

  8  report required by law.

  9         (6)(a)  All organizations that receive annual use fee

10  proceeds from the department are responsible for ensuring that

11  proceeds are used in accordance with law.

12         (b)  All organizational recipients of any voluntary

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

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

15  submit an annual audit of the expenditures of these

16  contributions and interest earned from these contributions, to

17  determine if expenditures are being made in accordance with

18  the specifications outlined by law. The audit shall be

19  prepared by a certified public accountant licensed under

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

21  notes to the financial statements should state whether

22  expenditures were made in accordance with law. Such audits

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

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

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

26  receiving less than $15,000 in voluntary contributions

27  directly from the department may annually report, under

28  penalties of perjury, that such proceeds were used in

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

30  a form and format determined by the department.

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  1         (d)  Any voluntary contributions authorized by law

  2  shall only be distributed to an organization under an

  3  appropriation by the Legislature.

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

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

  6  organization's fiscal year.

  7         (7)(6)  Within 90 days after receiving an

  8  organization's audit or report By February 1 each year, the

  9  department shall determine which recipients have not complied

10  with subsection (6) (5).  If the department determines that an

11  organization has not complied  or has failed to use the

12  revenues in accordance with law, the department must

13  discontinue the distribution of the revenues to the

14  organization until the department determines that the

15  organization has complied. If an organization fails to comply

16  within 12 months after the voluntary contributions are

17  withheld by the department, the proceeds shall be deposited

18  into the Highway Safety Operating Trust Fund to offset

19  department costs.

20         (8)(7)  The Auditor General and the department have the

21  authority to examine all records pertaining to the use of

22  funds from the voluntary contributions authorized.

23         Section 34.  Subsection (3) of section 322.1615,

24  Florida Statutes, is amended to read:

25         322.1615  Learner's driver's license.--

26         (3)  A person who holds a learner's driver's license

27  may operate a vehicle only during daylight hours, except that

28  the holder of a learner's driver's license may operate a

29  vehicle until between the hours of 7 p.m. and 10 p.m. after 3

30  months following after the issuance of the learner's driver's

31  license.

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  1         Section 35.  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 36.  Paragraphs (b) and (d) of subsection (6)

19  and subsection (10) of section 322.2615, Florida Statutes, are

20  amended to read:

21         322.2615  Suspension of license; right to review.--

22         (6)

23         (b)  Such formal review hearing shall be held before a

24  hearing officer employed by the department, and the hearing

25  officer shall be authorized to administer oaths, examine

26  witnesses and take testimony, receive relevant evidence, issue

27  subpoenas, regulate the course and conduct of the hearing, and

28  make a ruling on the suspension.  The department and the

29  person arrested may subpoena witnesses, and the party

30  requesting the presence of a witness shall be responsible for

31  the payment of any witness fees and for notifying in writing

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  1  the state attorney's office in the appropriate circuit of the

  2  issuance of the subpoena.  If the person who requests a formal

  3  review hearing fails to appear and the hearing officer finds

  4  such failure to be without just cause, the right to a formal

  5  hearing is waived and the suspension shall be sustained

  6  department shall conduct an informal review of the suspension

  7  under subsection (4).

  8         (d)  The department must, within 7 working days after a

  9  formal review hearing, send notice to the person of the

10  hearing officer's decision as to whether sufficient cause

11  exists to sustain, amend, or invalidate the suspension.

12         (10)  A person whose driver's license is suspended

13  under subsection (1) or subsection (3) may apply for issuance

14  of a license for business or employment purposes only if the

15  person is otherwise eligible for the driving privilege

16  pursuant to s. 322.271.

17         (a)  If the suspension of the driver's license of the

18  person for failure to submit to a breath, urine, or blood test

19  is sustained, the person is not eligible to receive a license

20  for business or employment purposes only, pursuant to s.

21  322.271, until 90 days have elapsed after the expiration of

22  the last 30-day temporary permit issued pursuant to this

23  section or s. 322.64.  If the driver is not issued a 30-day

24  permit pursuant to this section or s. 322.64 because he or she

25  is ineligible for the permit and the suspension for failure to

26  submit to a breath, urine, or blood test is not invalidated by

27  the department, the driver is not eligible to receive a

28  business or employment license pursuant to s. 322.271 until 90

29  days have elapsed from the date of the suspension.

30         (b)  If the suspension of the driver's license of the

31  person arrested for a violation of s. 316.193, relating to

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  1  unlawful blood-alcohol level, is sustained, the person is not

  2  eligible to receive a license for business or employment

  3  purposes only pursuant to s. 322.271 until 30 days have

  4  elapsed after the expiration of the last 30-day temporary

  5  permit issued pursuant to this section or s. 322.64.  If the

  6  driver is not issued a 30-day permit pursuant to this section

  7  or s. 322.64 because he or she is ineligible for the permit

  8  and the suspension for a violation of s. 316.193, relating to

  9  unlawful blood-alcohol level, is not invalidated by the

10  department, the driver is not eligible to receive a business

11  or employment license pursuant to s. 322.271 until 30 days

12  have elapsed from the date of the arrest.

13         Section 37.  Section 322.28, Florida Statutes, 1998

14  Supplement, is amended to read:

15         322.28  Period of suspension or revocation.--

16         (1)  Unless otherwise provided by this section, the

17  department shall not suspend a license for a period of more

18  than 1 year and, upon revoking a license, in any case except

19  in a prosecution for the offense of driving a motor vehicle

20  while under the influence of alcoholic beverages, chemical

21  substances as set forth in s. 877.111, or controlled

22  substances, shall not in any event grant a new license until

23  the expiration of 1 year after such revocation.

24         (2)  In a prosecution for a violation of s. 316.193 or

25  former s. 316.1931, the following provisions apply:

26         (a)  Upon conviction of the driver, the court, along

27  with imposing sentence, shall revoke the driver's license or

28  driving privilege of the person so convicted, effective on the

29  date of conviction, and shall prescribe the period of such

30  revocation in accordance with the following provisions:

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  1         1.  Upon a first conviction for a violation of the

  2  provisions of s. 316.193, except a violation resulting in

  3  death, the driver's license or driving privilege shall be

  4  revoked for not less than 180 days or more than 1 year.

  5         2.  Upon a second conviction within a period of 5 years

  6  from the date of a prior conviction for a violation of the

  7  provisions of s. 316.193 or former s. 316.1931 or a

  8  combination of such sections, the driver's license or driving

  9  privilege shall be revoked for not less than 5 years.

10         3.  Upon a third conviction within a period of 10 years

11  from the date of conviction of the first of three or more

12  convictions for the violation of the provisions of s. 316.193

13  or former s. 316.1931 or a combination of such sections, the

14  driver's license or driving privilege shall be revoked for not

15  less than 10 years.

16

17  For the purposes of this paragraph, a previous conviction

18  outside this state for driving under the influence, driving

19  while intoxicated, driving with an unlawful blood-alcohol

20  level, or any other alcohol-related or drug-related traffic

21  offense similar to the offense of driving under the influence

22  as proscribed by s. 316.193 will be considered a previous

23  conviction for violation of s. 316.193, and a conviction for

24  violation of former s. 316.028, former s. 316.1931, or former

25  s. 860.01 is considered a conviction for violation of s.

26  316.193.

27         (b)  If the period of revocation was not specified by

28  the court at the time of imposing sentence or within 30 days

29  thereafter, and is not otherwise specified by law, the

30  department shall forthwith revoke the driver's license or

31  driving privilege for the maximum period applicable under

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  1  paragraph (a) for a first conviction and for the minimum

  2  period applicable under paragraph (a) for any subsequent

  3  convictions. The driver may, within 30 days after such

  4  revocation by the department, petition the court for further

  5  hearing on the period of revocation, and the court may reopen

  6  the case and determine the period of revocation within the

  7  limits specified in paragraph (a).

  8         (c)  The forfeiture of bail bond, not vacated within 20

  9  days, in any prosecution for the offense of driving while

10  under the influence of alcoholic beverages, chemical

11  substances, or controlled substances to the extent of

12  depriving the defendant of his or her normal faculties shall

13  be deemed equivalent to a conviction for the purposes of this

14  paragraph, and the department shall forthwith revoke the

15  defendant's driver's license or driving privilege for the

16  maximum period applicable under paragraph (a) for a first

17  conviction and for the minimum period applicable under

18  paragraph (a) for a second or subsequent conviction; however,

19  if the defendant is later convicted of the charge, the period

20  of revocation imposed by the department for such conviction

21  shall not exceed the difference between the applicable maximum

22  for a first conviction or minimum for a second or subsequent

23  conviction and the revocation period under this subsection

24  that has actually elapsed; upon conviction of such charge, the

25  court may impose revocation for a period of time as specified

26  in paragraph (a). This paragraph does not apply if an

27  appropriate motion contesting the forfeiture is filed within

28  the 20-day period.

29         (d)  When any driver's license or driving privilege has

30  been revoked pursuant to the provisions of this section, the

31  department shall not grant a new license, except upon

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  1  reexamination of the licensee after the expiration of the

  2  period of revocation so prescribed.  However, the court may,

  3  in its sound discretion, issue an order of reinstatement on a

  4  form furnished by the department which the person may take to

  5  any driver's license examining office for reinstatement by the

  6  department pursuant to s. 322.282.

  7         (e)  The court shall permanently revoke the driver's

  8  license or driving privilege of a person who has been

  9  convicted four times for violation of s. 316.193 or former s.

10  316.1931 or a combination of such sections.  The court shall

11  permanently revoke the driver's license or driving privilege

12  of any person who has been convicted of DUI manslaughter in

13  violation of s. 316.193. If the court has not permanently

14  revoked such driver's license or driving privilege within 30

15  days after imposing sentence, the department shall permanently

16  revoke the driver's license or driving privilege pursuant to

17  this paragraph.  No driver's license or driving privilege may

18  be issued or granted to any such person. This paragraph

19  applies only if at least one of the convictions for violation

20  of s. 316.193 or former s. 316.1931 was for a violation that

21  occurred after July 1, 1982.  For the purposes of this

22  paragraph, a conviction for violation of former s. 316.028,

23  former s. 316.1931, or former s. 860.01 is also considered a

24  conviction for violation of s. 316.193.  Also, a conviction of

25  driving under the influence, driving while intoxicated,

26  driving with an unlawful blood-alcohol level, or any other

27  similar alcohol-related or drug-related traffic offense

28  outside this state is considered a conviction for the purposes

29  of this paragraph.

30         (3)  The court shall permanently revoke the driver's

31  license or driving privilege of a person who has been

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  1  convicted of murder resulting from the operation of a motor

  2  vehicle. No driver's license or driving privilege may be

  3  issued or granted to any such person.

  4         (4)  Upon the conviction of a person for a violation of

  5  s. 322.34, the license or driving privilege, if suspended,

  6  shall be suspended for 3 months in addition to the period of

  7  suspension previously imposed and, if revoked, the time after

  8  which a new license may be issued shall be delayed 3 months.

  9         (5)  If, in any case arising under this section, a

10  licensee, after having been given notice of suspension or

11  revocation of his or her license in the manner provided in s.

12  322.251, fails to surrender to the department a license

13  theretofore suspended or revoked, as required by s. 322.29, or

14  fails otherwise to account for the license to the satisfaction

15  of the department, the period of suspension of the license, or

16  the period required to elapse after revocation before a new

17  license may be issued, shall be extended until, and shall not

18  expire until, a period has elapsed after the date of surrender

19  of the license, or after the date of expiration of the

20  license, whichever occurs first, which is identical in length

21  with the original period of suspension or revocation.

22         (4)(6)(a)  Upon a conviction for a violation of s.

23  316.193(3)(c)2., involving serious bodily injury, a conviction

24  of manslaughter resulting from the operation of a motor

25  vehicle, or a conviction of vehicular homicide, the court

26  shall revoke the driver's license of the person convicted for

27  a minimum period of 3 years. In the event that a conviction

28  under s. 316.193(3)(c)2., involving serious bodily injury, is

29  also a subsequent conviction as described under paragraph

30  (2)(a), the court shall revoke the driver's license or driving

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  1  privilege of the person convicted for the period applicable as

  2  provided in paragraph (2)(a) or paragraph (2)(e).

  3         (b)  If the period of revocation was not specified by

  4  the court at the time of imposing sentence or within 30 days

  5  thereafter, the department shall revoke the driver's license

  6  for the minimum period applicable under paragraph (a) or, for

  7  a subsequent conviction, for the minimum period applicable

  8  under paragraph (2)(a) or paragraph (2)(e).

  9         (5)(7)  No court shall stay the administrative

10  suspension of a driving privilege under s. 322.2615 or s.

11  322.2616 during judicial shall be stayed upon a request for

12  review of the departmental order that resulted in such

13  suspension and, except as provided in former s. 322.261, no

14  suspension or revocation of a driving privilege shall be

15  stayed upon an appeal of the conviction or order that resulted

16  therein.

17         (6)(8)  In a prosecution for a violation of s.

18  316.172(1), and upon a showing of the department's records

19  that the licensee has received a second conviction within a

20  period of 5 years from the date of a prior conviction of s.

21  316.172(1), the department shall, upon direction of the court,

22  suspend the driver's license of the person convicted for a

23  period of not less than 90 days nor more than 6 months.

24         Section 38.  Paragraph (b) of subsection (6) of section

25  322.34, Florida Statutes, 1998 Supplement, is amended to read:

26         322.34  Driving while license suspended, revoked,

27  canceled, or disqualified.--

28         (6)  Any person who operates a motor vehicle:

29         (b)  While his or her driver's license or driving

30  privilege is canceled, suspended, or revoked pursuant to s.

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  1  316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4)

  2  (5),

  3

  4  and who by careless or negligent operation of the motor

  5  vehicle causes the death of or serious bodily injury to

  6  another human being is guilty of a felony of the third degree,

  7  punishable as provided in s. 775.082 or s. 775.083.

  8         Section 39.  Subsection (15) is added to section

  9  325.207, Florida Statutes, to read:

10         325.207  Inspection stations; department contracts;

11  inspection requirements; recordkeeping.--

12         (15)  Notwithstanding the requirements of subsection

13  (11), the department may request proposals for one contractor

14  to conduct vehicle inspections in all program areas of the

15  state.

16         Section 40.  When the Department of Highway Safety and

17  Motor Vehicles requests proposals prior to the expiration of

18  the current emissions inspection contracts, the Department of

19  Highway Safety and Motor Vehicles must also request proposals

20  for one contractor to conduct vehicle inspections in all

21  program areas of the state.

22         Section 41.  Section 327.031, Florida Statutes, is

23  amended to read:

24         327.031  Suspension or denial of a vessel registration

25  due to child support delinquency; dishonored checks.--

26         (1)  The department must allow applicants for new or

27  renewal registrations to be screened by the Department of

28  Revenue, as the Title IV-D child support agency under s.

29  409.2598, or by a non-IV-D obligee to assure compliance with a

30  support obligation. The purpose of this section is to promote

31  the public policy of this state as established in s. 409.2551.

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  1  The department must, when directed by the court, deny or

  2  suspend the vessel registration of any applicant found to have

  3  a delinquent child support obligation. The department must

  4  issue or reinstate a registration when notified by the Title

  5  IV-D agency or the court that the applicant has complied with

  6  the terms of the court order. The department may not be held

  7  liable for any registration denial or suspension resulting

  8  from the discharge of its duties under this section.

  9         (2)  The department may deny or cancel any vessel

10  registration if the owner pays for the registration by a

11  dishonored check.

12         Section 42.  Present subsection (6) of section 327.11,

13  Florida Statutes, is renumbered as subsection (8) and amended,

14  and new subsections (6) and (7) are added to said section, to

15  read:

16         327.11  Vessel registration, application, certificate,

17  number, decal, duplicate certificate, replacement.--

18         (6)  When a vessel decal has been stolen, the owner of

19  the vessel for which the decal was issued shall make

20  application to the department for a replacement. The

21  application shall contain the decal number being replaced and

22  a statement that the item was stolen. If the application

23  includes a copy of the police report prepared in response to a

24  report of a stolen decal, such decal shall be replaced at no

25  charge.

26         (7)  Any decal lost in the mail may be replaced at no

27  charge. The service charge shall not be applied to this

28  replacement; however, the application for a replacement shall

29  contain a statement of such fact, the decal number, and the

30  date issued.

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  1         (8)(6)  Anyone guilty of falsely certifying any facts

  2  relating to application, certificate, transfer, number, decal,

  3  or duplicate, or replacement certificates or any information

  4  required under this section shall be punished as provided

  5  under this chapter.

  6         Section 43.  Subsection (2) of section 327.23, Florida

  7  Statutes, is amended to read:

  8         327.23  Exemption of vessels and outboard motors from

  9  personal property tax; temporary certificate of registration;

10  vessel registration certificate fee.--

11         (2)  A temporary certificate of registration may be

12  issued to a vessel for use in the following cases:

13         (a)  which The owner has made application to the United

14  States Coast Guard for documentation and has paid the

15  applicable registration certificate fee pursuant to s.

16  327.25(1). A temporary certificate of registration shall only

17  be issued upon proof that all applicable state sales taxes

18  have been paid and that the application for documentation is

19  on file with the United States Coast Guard. Any reregistration

20  of such a vessel without the submission of the vessel's

21  documentation papers shall require written verification from

22  the United States Coast Guard as to the current status of the

23  application for the vessel's documentation. Upon receipt of

24  the vessel's documentation papers, the owner shall bring them

25  to the agent issuing the temporary certificate for official

26  recording of information.

27         (b)  An out-of-state resident, subject to registration

28  in this state, who must secure ownership documentation from

29  the home state, and is unable to submit an out-of-state title

30  because it is being held by an out-of-state lienholder.

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  1         Section 44.  Paragraphs (b) and (c) of subsection (2),

  2  paragraph (b) of subsection (4), subsection (6), paragraph (c)

  3  of subsection (12), and subsection (15) of section 327.25,

  4  Florida Statutes, are amended to read:

  5         327.25  Classification; registration; fees and charges;

  6  surcharge; disposition of fees; fines; marine turtle

  7  stickers.--

  8         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

  9         (b)  The registration number for an antique vessel

10  shall be displayed as provided in affixed on the forward half

11  of the hull or on the port side of the windshield according to

12  ss. 327.11 and 327.14.

13         (c)  The Department of Highway Safety and Motor

14  Vehicles may issue a decal identifying the vessel as an

15  antique vessel. The decal shall be displayed as provided in s.

16  327.11 placed within 3 inches of the registration number.

17         (4)  TRANSFER OF OWNERSHIP.--

18         (b)  If a vessel is an antique as defined in subsection

19  (2), the application shall be accompanied by either a

20  certificate of title, a notarized bill of sale and a

21  registration, or a notarized bill of sale and an affidavit by

22  the owner defending the title from all claims. The bill of

23  sale must contain a complete vessel description to include the

24  hull identification number and engine number, if appropriate;

25  the year, make, and color of the vessel; the selling price;

26  and the signatures of the seller and purchaser.

27         (6)  CHANGE OF CLASSIFICATION.--If the classification

28  of a vessel changes from noncommercial to commercial, or from

29  commercial to noncommercial, and a current registration

30  certificate has been issued to the owner, the owner shall

31  within 30 days forward his or her certificate to the county

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  1  tax collector with a fee of $2.25 and a new certificate shall

  2  be issued.

  3         (12)  REGISTRATION.--

  4         (c)  Effective July 1, 1996, the following registration

  5  periods and renewal periods are established:

  6         1.  For vessels owned by individuals, the registration

  7  period begins the first day of the birth month of the owner

  8  and ends the last day of the month immediately preceding the

  9  owner's birth month in the succeeding year. If the vessel is

10  registered in the name of more than one person, the birth

11  month of the person whose name first appears on the

12  registration shall be used to determine the registration

13  period. For a vessel subject to this registration period, the

14  renewal period is the 30-day period ending at midnight on the

15  vessel owner's date of birth.

16         2.  For vessels owned by companies, corporations,

17  governmental entities, those entities listed under subsection

18  (11), and registrations issued to dealers and manufacturers,

19  the registration period begins July 1 and ends June 30.  The

20  renewal period is the 30-day period beginning June 1.

21         (15)  EXEMPTIONS.--Vessels owned and operated by Sea

22  Explorer or Sea Scout units of the Boy Scouts of America, the

23  Girl Scouts of America, the Florida Association of Christian

24  Child Caring Agencies Safe Harbor Haven, Inc., or the

25  Associated Marine Institutes, Inc., and its affiliates, or

26  which are antique vessels as defined in paragraph (2)(a) are

27  exempt from the provisions of subsection (1).  Such vessels

28  shall be issued certificates of registration and numbers upon

29  application and payment of the service fee provided in

30  subsection (7).

31

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  1         Section 45.  Section 327.255, Florida Statutes, is

  2  created to read:

  3         327.255  Registration; duties of tax collectors.--

  4         (1)  The tax collectors in the several counties of the

  5  state as authorized agents of the department shall issue

  6  registration certificates and vessel numbers and decals to

  7  applicants subject to the requirements of law in accordance

  8  with rules of the department.

  9         (2)  Each tax collector shall keep a full and complete

10  record and account of all vessel decals or other properties

11  received by him or her from the department or from any other

12  source and shall make prompt remittance of moneys collected by

13  him or her at such times and in such manner as prescribed by

14  law.

15         Section 46.  Section 327.256, Florida Statutes, is

16  created to read:

17         327.256  Advanced registration renewal; procedures.--

18         (1)  The owner of any vessel currently registered in

19  this state may file an application for renewal of registration

20  with the department, or its authorized agent in the county

21  wherein the owner resides, any time during the 3 months

22  preceding the date of expiration of the registration period.

23         (2)  Upon the filing of the application and payment of

24  the appropriate vessel registration fee and service charges

25  required by s. 327.25 and any additional fees required by law,

26  the department or its agents shall issue to the owner of the

27  vessel a decal and registration as appropriate which when

28  affixed to the vessel shall renew the registration for the

29  appropriate registration period.

30         (3)  Any person who uses a vessel decal without lawful

31  authority or who willfully violates any rule of the department

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  1  relating to this section shall be punished as provided under

  2  this chapter.

  3         Section 47.  Paragraph (c) of subsection (3) of section

  4  328.01, Florida Statutes, is amended to read:

  5         328.01  Application for certificate of title.--

  6         (3)

  7         (c)  In making application for transfer of title from a

  8  deceased titled owner, the new owner or surviving coowner

  9  shall establish proof of ownership by submitting with the

10  application the original certificate of title and the

11  decedent's probated last will and testament or letters of

12  administration appointing the personal representative of the

13  decedent.  In lieu of a probated last will and testament or

14  letters of administration, a copy of the decedent's death

15  certificate, a certified copy of the decedent's last will and

16  testament, and an affidavit by the decedent's surviving spouse

17  or heirs affirming rights of ownership may be accepted by the

18  department.  If the decedent died intestate, a court order

19  awarding the ownership of the vessel or an affidavit by the

20  decedent's surviving spouse or heirs establishing or releasing

21  all rights of ownership and a copy of the decedent's death

22  certificate shall be submitted to the department.

23         Section 48.  Subsection (3) of section 328.11, Florida

24  Statutes, is amended to read:

25         328.11  Duplicate certificate of title.--

26         (3)  If, following the issuance of an original,

27  duplicate, or corrected certificate of title by the

28  department, the certificate is lost in transit and is not

29  delivered to the addressee, the owner of the vessel or the

30  holder of a lien thereon may, within 180 90 days after the

31  date of issuance of the title, apply to the department for

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  1  reissuance of the certificate of title.  An additional fee may

  2  not be charged for reissuance under this subsection.

  3         Section 49.  Paragraph (c) of subsection (2) and

  4  subsection (7) of section 328.15, Florida Statutes, are

  5  amended, subsection (8) is renumbered as subsection (12), and

  6  new subsections (8), (9), (10), and (11) are added to said

  7  section, to read:

  8         328.15  Notice of lien on vessel; recording.--

  9         (2)

10         (c)  If the owner of the vessel as shown on the title

11  certificate or the director of the state child support

12  enforcement program desires to place a second or subsequent

13  lien or encumbrance against the vessel when the title

14  certificate is in the possession of the first lienholder, the

15  owner shall send a written request to the first lienholder by

16  certified mail and such first lienholder shall forward the

17  certificate to the department for endorsement. The department

18  shall return the certificate to the first lienholder, as

19  indicated in the notice of lien filed by the first lienholder,

20  after endorsing the second or subsequent lien on the

21  certificate and on the duplicate. If the first lienholder

22  fails, neglects, or refuses to forward the certificate of

23  title to the department within 10 days after the date of the

24  owner's or the director's request, the department, on written

25  request of the subsequent lienholder or an assignee thereof,

26  shall demand of the first lienholder the return of such

27  certificate for the notation of the second or subsequent lien

28  or encumbrance. The director of the state child support

29  enforcement program may place a subsequent lien or encumbrance

30  against a vessel having a recorded first lien by sending a

31  written request to the first lienholder by certified mail.

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  1  The first lienholder shall forward the certificate to the

  2  Department of Highway Safety and Motor Vehicles for

  3  endorsement, and the department shall return the certificate

  4  to the first lienholder after endorsing the subsequent lien on

  5  the certificate and on the duplicate.

  6         (7)(a)  Should any person, firm, or corporation holding

  7  such lien, which has been recorded by the Department of

  8  Highway Safety and Motor Vehicles, upon payment of such lien

  9  and on demand, fail or refuse, within 30 days after such

10  payment and demand, to furnish the debtor or the registered

11  owner of such vessel motorboat a satisfaction of the lien,

12  then, in that event, such person, firm, or corporation shall

13  be held liable for all costs, damages, and expenses, including

14  reasonable attorney's fees, lawfully incurred by the debtor or

15  the registered owner of such vessel motorboat in any suit

16  which may be brought in the courts of this state for the

17  cancellation of such lien.

18         (b)  Following satisfaction of a lien, the lienholder

19  shall enter a satisfaction thereof in the space provided on

20  the face of the certificate of title. If there are no

21  subsequent liens shown thereon, the certificate shall be

22  delivered by the lienholder to the person satisfying the lien

23  or encumbrance and an executed satisfaction on a form provided

24  by the department shall be forwarded to the department by the

25  lienholder within 10 days after satisfaction of the lien.

26         (c)  If the certificate of title shows a subsequent

27  lien not then being discharged, an executed satisfaction of

28  the first lien shall be delivered by the lienholder to the

29  person satisfying the lien and the certificate of title

30  showing satisfaction of the first lien shall be forwarded by

31

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  1  the lienholder to the department within 10 days after

  2  satisfaction of the lien.

  3         (d)  If, upon receipt of a title certificate showing

  4  satisfaction of the first lien, the department determines from

  5  its records that there are no subsequent liens or encumbrances

  6  upon the vessel, the department shall forward to the owner, as

  7  shown on the face of the title, a corrected certificate

  8  showing no liens or encumbrances. If there is a subsequent

  9  lien not being discharged, the certificate of title shall be

10  reissued showing the second or subsequent lienholder as the

11  first lienholder and shall be delivered to the new first

12  lienholder. The first lienholder shall be entitled to retain

13  the certificate of title until his or her lien is satisfied.

14  Upon satisfaction of the lien, the lienholder shall be subject

15  to the procedures required of a first lienholder in this

16  subsection and in subsection (2).

17         (8)  When the original certificate of title cannot be

18  returned to the department by the lienholder and evidence

19  satisfactory to the department is produced that all liens or

20  encumbrances have been satisfied, upon application by the

21  owner for a duplicate copy of the certificate of title, upon

22  the form prescribed by the department, accompanied by the fee

23  prescribed in this chapter, a duplicate copy of the

24  certificate of title without statement of liens or

25  encumbrances shall be issued by the department and delivered

26  to the owner.

27         (9)  Any person who fails, within 10 days after receipt

28  of a demand by the department by certified mail, to return a

29  certificate of title to the department as required by

30  subsection (2)(c) or who, upon satisfaction of a lien, fails

31  within 10 days after receipt of such demand to forward the

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  1  appropriate document to the department as required by

  2  paragraph (7)(b) or paragraph (7)(c) commits a misdemeanor of

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

  4  775.083.

  5         (10)  The department shall not be required to retain on

  6  file any bill of sale or duplicate thereof, notice of lien, or

  7  satisfaction of lien covering any vessel for a period longer

  8  than 7 years after the date of the filing thereof, and

  9  thereafter the same may be destroyed.

10         (11)  The department shall be required to use the last

11  known address as shown by its records when sending any notice

12  required by this section.

13         Section 50.  Subsection (3) of section 328.16, Florida

14  Statutes, is amended, and subsection (5) is added to said

15  section, to read:

16         328.16  Issuance in duplicate; delivery; liens and

17  encumbrances.--

18         (3)  Except as provided in s. 328.15(12)(8), the

19  certificate of title shall be retained by the first

20  lienholder.  The first lienholder is entitled to retain the

21  certificate until the first lien is satisfied.

22         (5)  The owner of a vessel, upon which a lien has been

23  filed with the department or noted upon a certificate of title

24  for a period of 5 years, may apply to the department in

25  writing for such lien to be removed from the department files

26  or from the certificate of title. The application shall be

27  accompanied by evidence satisfactory to the department that

28  the applicant has notified the lienholder by certified mail,

29  not less than 20 days prior to the date of the application, of

30  his or her intention to apply to the department for removal of

31  the lien. Ten days after receipt of the application, the

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  1  department may remove the lien from its files or from the

  2  certificate of title, as the case may be, if no statement in

  3  writing protesting removal of the lien is received by the

  4  department from the lienholder within the 10-day period.

  5  However, if the lienholder files with the department, within

  6  the 10-day period, a written statement that the lien is still

  7  outstanding, the department shall not remove the lien until

  8  the lienholder presents a satisfaction of lien to the

  9  department.

10         Section 51.  Section 328.165, Florida Statutes, is

11  created to read:

12         328.165  Cancellation of certificates.--

13         (1)  If it appears that a certificate of title has been

14  improperly issued, the department shall cancel the

15  certificate. Upon cancellation of any certificate of title,

16  the department shall notify the person to whom the certificate

17  of title was issued, and any lienholders appearing thereon, of

18  the cancellation and shall demand the surrender of the

19  certificate of title; however, the cancellation shall not

20  affect the validity of any lien noted thereon. The holder of

21  the certificate of title shall immediately return it to the

22  department. If a certificate of registration has been issued

23  to the holder of a certificate of title so canceled, the

24  department shall immediately cancel the certificate of

25  registration and demand the return of the certificate of

26  registration and the holder of such certificate of

27  registration shall immediately return it to the department.

28         (2)  The department is authorized, upon application by

29  any person and payment of the proper fees, to prepare and

30  furnish lists containing title information in such form as the

31  department may authorize, to search the records of the

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  1  department and make reports thereof, and to make photographic

  2  copies of the department records and attestations thereof.

  3         Section 52.  Subsection (2) of section 370.06, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         370.06  Licenses.--

  6         (2)  SALTWATER PRODUCTS LICENSE.--

  7         (a)  Every person, firm, or corporation that sells,

  8  offers for sale, barters, or exchanges for merchandise any

  9  saltwater products, or which harvests saltwater products with

10  certain gear or equipment as specified by law, must have a

11  valid saltwater products license, except that the holder of an

12  aquaculture certificate under s. 597.004 is not required to

13  purchase and possess a saltwater products license in order to

14  possess, transport, or sell marine aquaculture products.  Each

15  saltwater products license allows the holder to engage in any

16  of the activities for which the license is required. The

17  license must be in the possession of the licenseholder or

18  aboard the vessel and shall be subject to inspection at any

19  time that harvesting activities for which a license is

20  required are being conducted. A restricted species endorsement

21  on the saltwater products license is required to sell to a

22  licensed wholesale dealer those species which the state, by

23  law or rule, has designated as "restricted species." This

24  endorsement may be issued only to a person who is at least 16

25  years of age, or to a firm certifying that over 25 percent of

26  its income or $5,000 of its income, whichever is less, is

27  attributable to the sale of saltwater products pursuant to a

28  license issued under this paragraph or a similar license from

29  another state. This endorsement may also be issued to a

30  for-profit corporation if it certifies that at least $5,000 of

31  its income is attributable to the sale of saltwater products

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  1  pursuant to a license issued under this paragraph or a similar

  2  license from another state. However, if at least 50 percent of

  3  the annual income of a person, firm, or for-profit corporation

  4  is derived from charter fishing, the person, firm, or

  5  for-profit corporation must certify that at least $2,500 of

  6  the income of the person, firm, or corporation is attributable

  7  to the sale of saltwater products pursuant to a license issued

  8  under this paragraph or a similar license from another state,

  9  in order to be issued the endorsement. Such income attribution

10  must apply to at least 1 year out of the last 3 years. For the

11  purpose of this section "income" means that income which is

12  attributable to work, employment, entrepreneurship, pensions,

13  retirement benefits, and social security benefits. To renew an

14  existing restricted species endorsement, a marine aquaculture

15  producer possessing a valid saltwater products license with a

16  restricted species endorsement may apply income from the sale

17  of marine aquaculture products to licensed wholesale dealers.

18         1.  The department is authorized to require

19  verification of such income. Acceptable proof of income earned

20  from the sale of saltwater products shall be:

21         a.  Copies of trip ticket records generated pursuant to

22  this subsection (marine fisheries information system),

23  documenting qualifying sale of saltwater products;

24         b.  Copies of sales records from locales other than

25  Florida documenting qualifying sale of saltwater products;

26         c.  A copy of the applicable federal income tax return,

27  including Form 1099 attachments, verifying income earned from

28  the sale of saltwater products;

29         d.  Crew share statements verifying income earned from

30  the sale of saltwater products; or

31

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  1         e.  A certified public accountant's notarized statement

  2  attesting to qualifying source and amount of income.

  3

  4  Any provision of this section or any other section of the

  5  Florida Statutes to the contrary notwithstanding, any person

  6  who owns a retail seafood market and/or restaurant at a fixed

  7  location for at least 3 years who has had an occupational

  8  license for 3 years prior to January 1, 1990, who harvests

  9  saltwater products to supply his or her retail store and has

10  had a saltwater products license for 1 of the past 3 years

11  prior to January 1, 1990, may provide proof of his or her

12  verification of income and sales value at the person's retail

13  seafood market and/or restaurant and in his or her saltwater

14  products enterprise by affidavit and shall thereupon be issued

15  a restricted species endorsement.

16         2.  Exceptions from income requirements shall be as

17  follows:

18         a.  A permanent restricted species endorsement shall be

19  available to those persons age 62 and older who have qualified

20  for such endorsement for at least 3 out of the last 5 years.

21         b.  Active military duty time shall be excluded from

22  consideration of time necessary to qualify and shall not be

23  counted against the applicant for purposes of qualifying.

24         c.  Upon the sale of a used commercial fishing vessel

25  owned by a person, firm, or corporation possessing or eligible

26  for a restricted species endorsement, the purchaser of such

27  vessel shall be exempted from the qualifying income

28  requirement for the purpose of obtaining a restricted species

29  endorsement for a period of 1 year after purchase of the

30  vessel.

31

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  1         d.  Upon the death or permanent disablement of a person

  2  possessing a restricted species endorsement, an immediate

  3  family member wishing to carry on the fishing operation shall

  4  be exempted from the qualifying income requirement for the

  5  purpose of obtaining a restricted species endorsement for a

  6  period of 1 year after the death or disablement.

  7         e.  A restricted species endorsement may be issued on

  8  an individual saltwater products license to a person age 62 or

  9  older who documents that at least $2,500 is attributable to

10  the sale of saltwater products pursuant to the provisions of

11  this paragraph.

12         f.  A permanent restricted species endorsement may also

13  be issued on an individual saltwater products license to a

14  person age 70 or older who has held a saltwater products

15  license for at least 3 of the last 5 license years.

16         g.  Any resident who is certified to be totally and

17  permanently disabled by a verified written statement, based

18  upon the criteria for permanent total disability in chapter

19  440 from a physician licensed in this state, by any branch of

20  the United States Armed Services, by the Social Security

21  Administration, or by the United States Department of Veterans

22  Affairs or its predecessor, or any resident who holds a valid

23  identification card issued by the Department of Veterans'

24  Affairs pursuant to s. 295.17, shall be exempted from the

25  income requirements if he or she also has held a saltwater

26  products license for at least 3 of the last 5 license years

27  prior to the date of the disability. A Disability Award Notice

28  issued by the United States Social Security Administration is

29  not sufficient certification for a resident to obtain the

30  income exemption unless the notice certifies that the resident

31  is totally and permanently disabled.

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  1

  2  At least one saltwater products license bearing a restricted

  3  species endorsement shall be aboard any vessel harvesting

  4  restricted species in excess of any bag limit or when fishing

  5  under a commercial quota or in commercial quantities, and such

  6  vessel, if required to be registered, shall have a commercial

  7  vessel registration. This subsection does not apply to any

  8  person, firm, or corporation licensed under s. 370.07(1)(a)1.

  9  or (b) for activities pursuant to such licenses. A saltwater

10  products license may be issued in the name of an individual or

11  a valid boat registration number. Such license is not

12  transferable. A decal shall be issued with each saltwater

13  products license issued to a valid boat registration number.

14  The saltwater products license decal shall be the same color

15  as the vessel registration decal issued each year pursuant to

16  s. 327.11(5) and shall indicate the period of time such

17  license is valid. The saltwater products license decal shall

18  be placed beside the vessel registration decal and, in the

19  case of an undocumented vessel, shall be placed so that the

20  vessel registration decal lies between the vessel registration

21  number and the saltwater products license decal. Any saltwater

22  products license decal for a previous year shall be removed

23  from a vessel operating on the waters of the state. A resident

24  shall pay an annual license fee of $50 for a saltwater

25  products license issued in the name of an individual or $100

26  for a saltwater products license issued to a valid boat

27  registration number. A nonresident shall pay an annual license

28  fee of $200 for a saltwater products license issued in the

29  name of an individual or $400 for a saltwater products license

30  issued to a valid boat registration number. An alien shall pay

31  an annual license fee of $300 for a saltwater products license

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  1  issued in the name of an individual or $600 for a saltwater

  2  products license issued to a valid boat registration number.

  3  Any person who sells saltwater products pursuant to this

  4  license may sell only to a licensed wholesale dealer. A

  5  saltwater products license must be presented to the licensed

  6  wholesale dealer each time saltwater products are sold, and an

  7  imprint made thereof. The wholesale dealer shall keep records

  8  of each transaction in such detail as may be required by rule

  9  of the Department of Environmental Protection not in conflict

10  with s. 370.07(6), and shall provide the holder of the

11  saltwater products license with a copy of the record. It is

12  unlawful for any licensed wholesale dealer to buy saltwater

13  products from any unlicensed person under the provisions of

14  this section, except that a licensed wholesale dealer may buy

15  from another licensed wholesale dealer. It is unlawful for any

16  licensed wholesale dealer to buy saltwater products designated

17  as "restricted species" from any person, firm, or corporation

18  not possessing a restricted species endorsement on his or her

19  saltwater products license under the provisions of this

20  section, except that a licensed wholesale dealer may buy from

21  another licensed wholesale dealer. The Department of

22  Environmental Protection shall be the licensing agency, may

23  contract with private persons or entities to implement aspects

24  of the licensing program, and shall establish by rule a marine

25  fisheries information system in conjunction with the licensing

26  program to gather fisheries data.

27         (b)  Any person who sells, offers for sale, barters, or

28  exchanges for merchandise saltwater products must have a

29  method of catch preservation which meets the requirements and

30  standards of the seafood quality control code promulgated by

31  the Department of Environmental Protection.

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  1         (c)  A saltwater products license is required to

  2  harvest commercial quantities of saltwater products.  Any

  3  vessel from which commercial quantities of saltwater products

  4  are harvested must, if required to be registered, have a

  5  commercial vessel registration.  Commercial quantities of

  6  saltwater products shall be defined as:

  7         1.  With respect to those species for which no bag

  8  limit has been established, more than 100 pounds per person

  9  per day, provided that the harvesting of two fish or less per

10  person per day shall not be considered commercial quantities

11  regardless of aggregate weight; and

12         2.  With respect to those species for which a bag limit

13  has been established, more than the bag limit allowed by law

14  or rule.

15         (d)1.  In addition to the saltwater products license, a

16  marine life fishing endorsement is required for the harvest of

17  marine life species as defined by rule of the Marine Fisheries

18  Commission. This endorsement may be issued only to a person

19  who is at least 16 years of age or older or to a corporation

20  holding a valid restricted species endorsement.

21         2.a.  Effective July 1, 1998, and until July 1, 2002, a

22  marine life endorsement may not be issued under this

23  paragraph, except that those endorsements that are active

24  during the 1997-1998 fiscal year may be renewed.

25         b.  In 1998 persons or corporations holding a marine

26  life endorsement that was active in the 1997-1998 fiscal year

27  or an immediate family member of that person must request

28  renewal of the marine life endorsement before December 31,

29  1998.

30         c.  In subsequent years and until July 1, 2002, a

31  marine life endorsement holder or member of his or her

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  1  immediate family must request renewal of the marine life

  2  endorsement before September 30 of each year.

  3         d.  If a person or corporation holding an active marine

  4  life fishing endorsement or a member of that person's

  5  immediate family does not request renewal of the endorsement

  6  before the applicable dates specified in this paragraph, the

  7  department shall deactivate that marine life fishing

  8  endorsement.

  9         e.  In the event of the death or disability of a person

10  holding an active marine life fishing endorsement, the

11  endorsement may be transferred by the person to a member of

12  his or her immediate family or may be renewed by any person so

13  designated by the executor of the person's estate.

14         f.  Persons or corporations who hold saltwater product

15  licenses with marine life fishing endorsements issued to their

16  vessel registration numbers and who subsequently replace their

17  existing vessels with new vessels may transfer the existing

18  marine life fishing endorsement to the new boat registration

19  numbers.

20         g.  Persons or corporations who hold saltwater product

21  licenses with marine life fishing endorsements issued to their

22  name and who subsequently incorporate or unincorporate may

23  transfer the existing marine life fishing endorsement to the

24  new corporation or person.

25         h.  By July 1, 2000, the Marine Fisheries Commission

26  shall prepare a report regarding options for the establishment

27  of a limited-entry program for the marine life fishery and

28  submit the report to the Governor, the President of the

29  Senate, the Speaker of the House of Representatives, and the

30  chairs of the Senate and House committees having jurisdiction

31  over marine resources.

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  1         3.  The fee for a marine life fishery endorsement on a

  2  saltwater products license shall be $75.  These license fees

  3  shall be collected and deposited in the Marine Resources

  4  Conservation Trust Fund and used for the purchase and

  5  installation of vessel mooring buoys at coral reef sites and

  6  for research related to marine fisheries.

  7         Section 53.  Paragraph (c) of subsection (7) of section

  8  713.78, Florida Statutes, 1998 Supplement, is amended to read:

  9         713.78  Liens for recovering, towing, or storing

10  vehicles and undocumented vessels.--

11         (7)

12         (c)  Any law enforcement agency requesting that a motor

13  vehicle be removed from an accident scene, street, or highway

14  must conduct an inventory and prepare a written record of all

15  personal property found in the vehicle before the vehicle is

16  removed by a wrecker operator. However, if the owner or driver

17  of the motor vehicle is present and accompanies the vehicle,

18  no inventory by law enforcement is required. A wrecker

19  operator is not liable for the loss of personal property

20  alleged to be contained in such a vehicle when such personal

21  property was not identified on the inventory record prepared

22  by the law enforcement agency requesting the removal of the

23  vehicle.

24         Section 54.  Subsection (1) of section 732.9215,

25  Florida Statutes, is amended to read:

26         732.9215  Education program relating to anatomical

27  gifts.--The Agency for Health Care Administration, subject to

28  the concurrence of the Department of Highway Safety and Motor

29  Vehicles, shall develop a continuing program to educate and

30  inform medical professionals, law enforcement agencies and

31  officers, high school children, state and local government

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  1  employees, and the public regarding the laws of this state

  2  relating to anatomical gifts and the need for anatomical

  3  gifts.

  4         (1)  The program is to be implemented with the

  5  assistance of the organ and tissue donor education panel as

  6  provided in s. 732.9216 and with the funds collected under ss.

  7  320.08047 and 322.08(6)(7)(b). Existing community resources,

  8  when available, must be used to support the program, and

  9  volunteers may assist the program to the maximum extent

10  possible. The Agency for Health Care Administration may

11  contract for the provision of all or any portion of the

12  program. When awarding such contract, the agency shall give

13  priority to existing nonprofit groups that are located within

14  the community, including within the minority communities

15  specified in subsection (2).  The program aimed at educating

16  medical professionals may be implemented by contract with one

17  or more medical schools located in the state.

18         Section 55.  Subsection (1) of section 732.9216,

19  Florida Statutes, is amended to read:

20         732.9216  Organ and tissue donor education panel.--

21         (1)  The Legislature recognizes that there exists in

22  the state a shortage of organ and tissue donors to provide the

23  organs and tissue that could save lives or enhance the quality

24  of life for many Floridians.  The Legislature further

25  recognizes the need to encourage the various minority

26  populations of Florida to donate organs and tissue.  It is the

27  intent of the Legislature that the funds collected pursuant to

28  ss. 320.08047 and 322.08(6)(7)(b) be used for educational

29  purposes aimed at increasing the number of organ and tissue

30  donors, thus affording more Floridians who are awaiting organ

31

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  1  or tissue transplants the opportunity for a full and

  2  productive life.

  3         Section 56.  Paragraph (a) of subsection (3) of section

  4  812.014, Florida Statutes, is amended, and subsection (5) is

  5  added to said 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 operate a motor vehicle so as

13  to 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 the

16  authorized charge for the gasoline dispensed has been made.

17         (b)  In addition to the penalties prescribed in

18  subsection (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 license. The

21  court shall forward said driver 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 license under this

25  subsection shall be for a period of up to 6 months.

26         2.  A subsequent suspension of a driver license under

27  this subsection shall be for a period of 1 year.

28         Section 57.  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 58.  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 59.  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 60.  Section 14 of chapter 98-223, Laws of

20  Florida, is repealed.

21         Section 61.  Except as otherwise provided herein, this

22  act shall take effect October 1, 1999.

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