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:
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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
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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.
31
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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:
31
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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
31
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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.
31
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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.
31
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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.
31
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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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