Senate Bill 1036c1

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    Florida Senate - 2000                           CS for SB 1036

    By the Committee on Transportation and Senators Kirkpatrick
    and Forman




    306-2200-00

  1                      A bill to be entitled

  2         An act relating to off-highway vehicles;

  3         amending s. 215.22, F.S.; exempting the

  4         Off-Highway-Vehicle Revolving Trust Fund from a

  5         required deduction; creating ch. 261, F.S.;

  6         creating the Florida Off-Highway-Vehicle Safety

  7         and Recreation Act; providing legislative

  8         intent; providing definitions; creating the

  9         Off-Highway-Vehicle Recreation Advisory

10         Committee; providing duties and

11         responsibilities; providing for the duties and

12         responsibilities of the Department of

13         Agriculture and Consumer Services; providing

14         for rulemaking authority; providing for the

15         publication and sale of a guidebook; providing

16         for the repair, maintenance and restoration of

17         areas, trails, and lands; providing for

18         contracts and agreements; providing criteria

19         for recreation areas and trails; amending s.

20         316.2074, F.S.; revising the definition of the

21         term "all-terrain vehicle"; creating the

22         Florida Off-Highway-Vehicle Titling and

23         Registration Act; providing legislative intent;

24         providing definitions; providing for

25         administration by the Department of Highway

26         Safety and Motor Vehicles; providing for rules,

27         forms, and notices; requiring certificates of

28         title; providing for application for and

29         issuance of certificates of title; providing

30         for duplicate certificates of title; requiring

31         the furnishing of a manufacturer's statement of

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    Florida Senate - 2000                           CS for SB 1036
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  1         origin; requiring registration; providing for

  2         application for and issuance of certificate of

  3         registration, registration number, and decal;

  4         providing for the registration period and for

  5         reregistration by mail; providing for change of

  6         interest and address; providing for duplicate

  7         registration certificate and decal; providing

  8         for fees; providing for disposition of fees;

  9         providing for refusal to issue and authority to

10         cancel a certificate of title or registration;

11         providing for crimes relating to certificates

12         of title and registration decals; providing

13         penalties; providing for noncriminal

14         infractions; providing penalties; amending s.

15         375.315, F.S., relating to the registration of

16         off-road vehicles; providing an effective date.

17

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

19

20         Section 1.  Paragraph (v) is added to subsection (1) of

21  section 215.22, Florida Statutes, to read:

22         215.22  Certain income and certain trust funds

23  exempt.--

24         (1)  The following income of a revenue nature or the

25  following trust funds shall be exempt from the deduction

26  required by s. 215.20(1):

27         (v)  The Off-Highway-Vehicle Revolving Trust Fund.

28         Section 2.  Chapter 261, Florida Statutes, consisting

29  of sections 261.01, 261.02, 261.03, 261.04, 261.05, 261.06,

30  261.07, 261.08, 261.09, and 261.10, Florida Statutes, is

31  created to read:

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    Florida Senate - 2000                           CS for SB 1036
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  1         261.01  Short title.--This chapter may be cited as the

  2  "Florida Off-Highway-Vehicle Safety and Recreation Act."

  3         261.02  Legislative intent.--

  4         (1)  The Legislature finds that off-highway vehicles

  5  are enjoying an ever-increasing popularity in this state and

  6  that the use of these vehicles should be controlled and

  7  managed to minimize negative effects on the environment,

  8  wildlife habitats, native wildlife, and native flora.

  9         (2)  The Legislature declares that effectively managed

10  areas and adequate facilities for the use of off-highway

11  vehicles are compatible with this state's overall recreation

12  plan and the underlying goal of multiple use.

13         (3)  It is the intent of the Legislature that:

14         (a)  Existing off-highway-vehicle recreational areas,

15  facilities, and opportunities be expanded and be managed in a

16  manner consistent with this chapter, in particular to maintain

17  sustained long-term use.

18         (b)  New off-highway-vehicle recreational areas,

19  facilities, and opportunities be provided and managed pursuant

20  to this chapter in a manner that will sustain long-term use.

21         261.03  Definitions.--As used in this chapter, the

22  term:

23         (1)  "Advisory committee" means the Off-Highway-

24  Vehicle Recreation Advisory Committee created by s. 261.04.

25         (2)  "ATV" means any motorized off-highway or

26  all-terrain vehicle 50 inches or less in width, having a dry

27  weight of 900 pounds or less, designed to travel on three or

28  more low-pressure tires, having a seat designed to be

29  straddled by the operator and handlebars for steering control,

30  and intended for use by a single operator with no passenger.

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  1         (3)  "Department" means the Department of Agriculture

  2  and Consumer Services.

  3         (4)  "Division" means the Division of Forestry of the

  4  Department of Agriculture and Consumer Services.

  5         (5)  "OHM" or "off-highway motorcycle" means any motor

  6  vehicle used on the roads or highways of this state which has

  7  a seat or saddle for the use of the rider and is designed to

  8  travel with not more than two wheels in contact with the

  9  ground, but excludes a tractor or a moped.

10         (6)  "Off-highway vehicle" means any ATV or OHM used

11  off the roads or highways of this state for recreational

12  purposes, and which is not registered and licensed for highway

13  use under chapter 320.

14         (7)  "Program" means the Off-Highway-Vehicle Recreation

15  Program.

16         (8)  "System" means the state-owned off-highway-vehicle

17  recreation areas and trails within the state.

18         (9)  "Trust fund" means the "Off-Highway-Vehicle

19  Revolving Trust Fund" created by s. 261.11.

20         261.04  Creation of the Off-Highway-Vehicle Recreation

21  Advisory Committee; members; appointment.--

22         (1)  The Off-Highway-Vehicle Recreation Advisory

23  Committee is created within the Division of Forestry and

24  consists of nine members, all of whom are appointed by the

25  Commissioner of Agriculture. The appointees shall include one

26  representative of the Department of Agriculture and Consumer

27  Services, one representative of the Department of Highway

28  Safety and Motor Vehicles, one representative of the

29  Department of Environmental Protection's Office of Greenways

30  and Trails, one representative of the Fish and Wildlife

31  Conservation Commission, one representative of a licensed

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    Florida Senate - 2000                           CS for SB 1036
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  1  off-highway-vehicle dealer, and four representatives of

  2  off-highway-vehicle recreation groups. In making these

  3  appointments, the commissioner shall consider the places of

  4  residence of the members to ensure statewide representation.

  5         (2)  The term of office of each member of the advisory

  6  committee is 2 years. The members first appointed shall

  7  classify themselves by lot so that the terms of three members

  8  expire June 30, 2002, and the terms of four members expire

  9  June 30, 2003.

10         (3)  In case of a vacancy on the committee, the

11  commissioner shall appoint a successor member for the

12  unexpired portion of the term.

13         (4)  The members shall elect a chair among themselves

14  who shall serve for 1 year or until a successor is elected.

15         (5)  The members shall not receive a salary; however,

16  they shall be entitled to be reimbursed for the actual and

17  necessary expenses incurred in the performance of their

18  duties.

19         261.05  Duties and responsibilities of the

20  Off-Highway-Vehicle Recreation Advisory Committee.--

21         (1)  The advisory committee shall establish policies to

22  guide the department regarding the off-highway-vehicle

23  recreational program and the system of off-highway-vehicle

24  recreation areas and trails.

25         (2)  The advisory committee shall make recommendations

26  to the department regarding off-highway-vehicle safety,

27  training, and rider-education programs.

28         (3)  The advisory committee shall be fully informed

29  regarding all governmental activities affecting the program.

30

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  1         (4)  The advisory committee shall meet at various times

  2  and locations throughout the state to receive comments on the

  3  implementation of the program.

  4         (5)  The advisory committee shall review and make

  5  recommendations annually regarding the department's proposed

  6  budget of expenditures from the trust fund, which may include

  7  providing funds to match grant funds available from other

  8  sources.

  9         (6)  The advisory committee shall make recommendations

10  regarding all capital outlay expenditures from the trust fund

11  proposed for inclusion in the budget.

12         (7)  The advisory committee shall review grant

13  applications submitted by any governmental agency or entity

14  requesting moneys from the trust fund to create, operate,

15  manage, or improve off-highway-vehicle recreation areas or

16  trails within the state. The advisory committee shall

17  recommend to the department approval or denial of such grant

18  applications based upon criteria established by the advisory

19  committee.

20         261.06  Functions, duties, and responsibilities of the

21  department.--The following are functions, duties, and

22  responsibilities of the department through the division:

23         (1)  The planning, acquisition, development,

24  construction, conservation, and rehabilitation of lands in and

25  for the system.

26         (2)  The management, maintenance, administration, and

27  operation of lands in the system, and the provision of law

28  enforcement and appropriate public safety activities.

29         (3)  Management of the trust fund and approval of the

30  advisory committee's budget recommendations.

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    Florida Senate - 2000                           CS for SB 1036
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  1         (4)  Implementation of the program, including the

  2  ultimate approval of grant applications submitted by

  3  governmental agencies.

  4         (5)  Ensuring compliance with environmental laws and

  5  regulations of the program and lands in the system.

  6         (6)  The implementation of the policies established by

  7  the advisory committee.

  8         (7)  Provision of staff assistance to the advisory

  9  committee.

10         (8)  Preparation of plans for lands in, or proposed to

11  be included in, the system.

12         (9)  Conducting surveys and the preparation of studies

13  as are necessary or desirable for implementing the program.

14         (10)  Recruitment and utilization of volunteers to

15  further the program.

16         (11)  Rulemaking authority to implement the provisions

17  of ss. 261.01-261.10.

18         261.07  Publication and sale of guidebook;

19  contents.--In consultation with the advisory committee, the

20  department shall publish a guidebook, including the text of

21  this chapter, other laws and regulations relating to the

22  program, and maps of areas and trails for the system. The

23  guidebook may include other public areas, trails, and

24  facilities for the use of off-highway vehicles. The guidebook

25  must include information regarding the responsibility of users

26  of the system and must set forth pertinent laws, rules, and

27  regulations including particular provisions and other

28  information intended to prevent trespass and damage to public

29  or private property. The guidebook must be prepared at minimal

30  cost to facilitate the broadest possible distribution and must

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  1  be offered for sale at a price sufficient to meet all costs of

  2  preparation, printing, and distribution.

  3         261.08  Repair, maintenance, and restoration of areas,

  4  trails, and lands.--

  5         (1)  The protection of public safety, the appropriate

  6  use of lands in the system, and the conservation of land

  7  resources in the system are of the highest priority in the

  8  management of the system. Accordingly, the department shall

  9  promptly repair and continuously maintain areas and trails,

10  anticipate and prevent accelerated and unnatural erosion, and

11  restore lands damaged by erosion to the extent possible.

12         (2)  The department shall monitor the condition of

13  soils and wildlife habitat in each area of the system to

14  determine whether there is compliance with applicable

15  environmental laws and regulations and take appropriate action

16  as necessary.

17         261.09  Contracts and agreements.--The department may

18  contract with private persons or entities and enter into

19  cooperative agreements with other public agencies for the care

20  and maintenance of lands in the system, including contracts

21  for law enforcement services with public agencies having law

22  enforcement powers.

23         261.10  Criteria for recreation areas and

24  trails.--State off-highway-vehicle recreation areas and trails

25  shall consist of corridors that are designated and maintained

26  for recreational travel by off-highway vehicles, that are not

27  generally suitable or maintained for normal travel by

28  conventional two-wheel-drive vehicles, and that are designated

29  by the department for off-highway-vehicle travel. State

30  off-highway-vehicle recreation areas and trails must be

31  selected and managed in accordance with this chapter.

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    Florida Senate - 2000                           CS for SB 1036
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  1         Section 3.  Subsection (2) of section 316.2074, Florida

  2  Statutes, is amended to read:

  3         316.2074  All-terrain vehicles.--

  4         (2)  As used in this section, the term "all-terrain

  5  vehicle" means any motorized off-highway vehicle 50 inches

  6  (1270 mm) or less in width, having a dry weight of 900 600

  7  pounds (273 kg) or less, designed to travel traveling on three

  8  or more low-pressure tires, designed for operator use only

  9  with no passengers, having a seat or saddle designed to be

10  straddled by the operator, and having handlebars for steering

11  control, and intended for use by a single operator with no

12  passenger.

13         Section 4.  Short title.--Sections 4 through 21 of this

14  act may be cited as the "Florida Off-Highway-Vehicle Titling

15  and Registration Act."

16         Section 5.  Legislative intent.--It is the

17  Legislature's intent that all off-highway vehicles purchased

18  after the effective date of this act and all off-highway

19  vehicles operated on public lands be titled and issued a

20  certificate of title to allow for easy determination of

21  ownership. It is also the Legislature's intent that all

22  off-highway vehicles that are operated on public lands be

23  registered and issued a registration decal containing a

24  registration identification number to provide funding for the

25  creation, management, and maintenance of off-highway-vehicle

26  recreation areas and trails within the state. Finally, it is

27  the Legislature's intent that all off-highway vehicles owned

28  by non-Florida residents shall be exempt from the titling and

29  registration requirements of this act, and that all

30  off-highway vehicles owned by governmental entities shall be

31  exempt from the titling and registration fees imposed by this

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  1  act with the exception of the applicable fees as set forth in

  2  this act which are necessary to cover the administrative costs

  3  of the department and the service fees of the county tax

  4  collectors.

  5         Section 6.  Definitions.--As used in sections 4 through

  6  21, the term:

  7         (1)  "ATV" means any motorized off-highway or

  8  all-terrain vehicle 50 inches or less in width, having a dry

  9  weight of 900 pounds or less, designed to travel on three or

10  more low-pressure tires, having a seat designed to be

11  straddled by the operator and handlebars for steering control,

12  and intended for use by a single operator and with no

13  passenger.

14         (2)  "Dealer" means any person authorized by the

15  Department of Revenue to buy, sell, resell, or otherwise

16  distribute off-highway vehicles. Such person must have a valid

17  sales tax certificate of registration issued by the Department

18  of Revenue and a valid commercial or occupational license

19  required by any county, municipality, or political subdivision

20  of the state in which the person operates.

21         (3)  "Department" means the Department of Highway

22  Safety and Motor Vehicles.

23         (4)  "Florida resident" means a person who has had a

24  principal place of domicile in this state for a period of more

25  than 6 consecutive months, who has registered to vote in this

26  state, who has made a statement of domicile pursuant to

27  section 222.17, Florida Statutes, or who has filed for

28  homestead tax exemption on property in this state.

29         (5)  "OHM" or "off-highway motorcycle" means any motor

30  vehicle used off the roads or highways of this state which has

31  a seat or saddle for the use of the rider and is designed to

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  1  travel with not more than two wheels in contact with the

  2  ground, but excludes a tractor or a moped.

  3         (6)  "Off-highway vehicle" means any ATV or OHM used

  4  off the roads or highways of this state for recreational

  5  purposes, which is not registered and licensed for highway use

  6  pursuant to chapter 320.

  7         (7)  "Owner" means a person, other than a lienholder,

  8  having the property in or title to an off-highway vehicle,

  9  including a person entitled to the use or possession of an

10  off-highway vehicle subject to an interest held by another

11  person, reserved or created by agreement and securing payment

12  of performance of an obligation, but the term excludes a

13  lessee under a lease not intended as security.

14         Section 7.  Administration of off-highway-vehicle

15  titling and registration laws; records.--

16         (1)  The administration of off-highway-vehicle titling

17  and registration laws in sections 4 through 21 is under the

18  Department of Highway Safety and Motor Vehicles, which shall

19  provide for the issuing, handling, and recording of all

20  off-highway-vehicle titling and registration applications and

21  certificates, including the receipt and accounting of

22  off-highway-vehicle titling and registration fees.

23         (2)  The department shall keep records and perform

24  other clerical duties pertaining to off-highway-vehicle

25  titling and registration as required.

26         Section 8.  Rules, forms, and notices.--

27         (1)  The department may adopt rules under section

28  120.536(1), Florida Statutes, and section 120.54, Florida

29  Statutes, which pertain to off-highway-vehicle titling and

30  registration, to implement the provisions of sections 4

31  through 21 conferring duties upon it.

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  1         (2)  The department shall prescribe and provide

  2  suitable forms for applications and other notices and forms

  3  necessary to administer the provisions of sections 4 through

  4  21.

  5         Section 9.  Certificate of title required.--

  6         (1)  Any off-highway vehicle that is purchased by a

  7  resident of this state after the effective date of this act or

  8  which is owned by a resident and is operated on the public

  9  lands of this state must be titled pursuant to sections 4

10  through 21.

11         (2)  A person may not sell, assign, or transfer an

12  off-highway vehicle titled by the state without delivering to

13  the purchaser or transferee a valid certificate of title with

14  an assignment on it showing the transfer of title to the

15  purchaser or transferee. A person may not purchase or

16  otherwise acquire an off-highway vehicle required to be titled

17  without obtaining a certificate of title for the vehicle in

18  his or her name. The purchaser or transferee shall, within 30

19  days after a change in off-highway-vehicle ownership, file an

20  application for a title transfer with the county tax

21  collector. An additional $10 fee shall be charged against a

22  purchaser or transferee who files a title transfer application

23  after the 30-day period. The county tax collector may retain

24  $5 of the additional amount.

25         (3)  A certificate of title is prima facie evidence of

26  the ownership of the off-highway vehicle and is good for the

27  life of the off-highway vehicle so long as the certificate is

28  owned or held by the legal holder. If a titled off-highway

29  vehicle is destroyed or abandoned, the owner, with the consent

30  of any recorded lienholders, shall, within 30 days after the

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  1  destruction or abandonment, surrender to the department all

  2  title documents for cancellation.

  3         (4)  The department shall provide labeled places on the

  4  title where the seller's price shall be indicated when an

  5  off-highway vehicle is sold and where a selling dealer shall

  6  record his or her valid sales tax certificate of registration

  7  number.

  8         (5)(a)  There shall be a service charge of $4.25 for

  9  each application which is handled in connection with the

10  issuance, duplication, or transfer of any certificate of

11  title.  There shall be a service charge of $1.25 for each

12  application which is handled in connection with the

13  recordation or notation of a lien on an off-highway vehicle

14  which is not in connection with the purchase of such vehicle.

15         (b)  The service charges specified in paragraph (a)

16  shall be collected by the department on any application

17  handled directly from its office.  Otherwise, these service

18  charges shall be collected and retained by the tax collector

19  who handles the application.

20         (c)  In addition to the fees provided in paragraph (a),

21  any tax collector may impose an additional service charge of

22  not more than 50 cents on any transaction specified in

23  paragraph (a) or on any transaction specified in section 17,

24  subsection (2), when such transaction occurs at any tax

25  collector's branch office.

26         Section 10.  Application for and issuance of

27  certificate of title.--

28         (1)  The owner of an off-highway vehicle that is

29  required to be titled must apply to the county tax collector

30  for a certificate of title. The application must include the

31  true name of the owner, the residence or business address of

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  1  the owner, and a complete description of the vehicle. The

  2  application must be signed by the owner and must be

  3  accompanied by a fee of $29.

  4         (2)  Proof of ownership must be established by the

  5  owner submitting with the application an executed bill of

  6  sale, a manufacturer's statement of origin, an affidavit of

  7  ownership for off-highway vehicles purchased before the

  8  effective date of this act, or any other document acceptable

  9  to the department.

10         (3)  To apply for a title upon transfer of ownership of

11  an off-highway vehicle, the new owner must surrender to the

12  department the last title document issued for that vehicle.

13  The document must be properly executed. Proper execution

14  includes the previous owner's signature and certification that

15  the off-highway vehicle to be transferred is debt-free or is

16  subject to a lien. If a lien exists, the previous owner must

17  furnish the new owner, on forms supplied by the department,

18  the names and addresses of all lienholders and the dates of

19  all liens, with a statement from each lienholder that the

20  lienholder has knowledge of and consents to the transfer of

21  title to the new owner.

22         (4)  An application for an initial title or a title

23  transfer must include payment of the applicable state sales

24  tax or proof of payment of such tax, except for off-highway

25  vehicles purchased or transferred before the effective date of

26  this act.

27         (5)  If the owner submits a complete application and

28  complies with all of the other requirements of this section,

29  the department shall issue a certificate of title that states

30  that the title is for an off-highway vehicle that is not

31  suitable for highway use.

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  1         Section 11.  Duplicate certificate of title.--

  2         (1)  The department may issue a duplicate certificate

  3  of title upon application by the person entitled to hold such

  4  a certificate if the department is satisfied that the original

  5  certificate has been lost, destroyed, or mutilated. A fee of

  6  $15 shall be charged for issuing a duplicate certificate.

  7         (2)  In addition to the fee imposed by subsection (1),

  8  a fee of $7 shall be charged for expedited service in issuing

  9  a duplicate certificate of title. Application for such

10  expedited service may be made by mail or in person. The

11  department shall issue each certificate of title applied for

12  under this subsection within 5 working days after receipt of a

13  proper application or shall refund the additional $7 fee upon

14  written request by the applicant.

15         (3)  If, following the issuance of an original,

16  duplicate, or corrected certificate of title by the

17  department, the certificate is lost in transit and is not

18  delivered to the addressee, the owner of the off-highway

19  vehicle or the holder of a lien thereon may, within 180 days

20  after the date of issuance of the title, apply to the

21  department for reissuance of the certificate of title. An

22  additional fee may not be charged for reissuance under this

23  subsection.

24         (4)  The department shall implement a system to verify

25  that the application is signed by a person authorized to

26  receive a duplicate title certificate under this section if

27  the address shown on the application is different from the

28  address shown for the applicant on the records of the

29  department.

30         Section 12.  Manufacturer's statement of origin to be

31  furnished.--

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  1         (1)  Any person selling a new off-highway vehicle in

  2  this state must furnish a manufacturer's statement of origin

  3  to the purchaser. The statement, which must be in English or

  4  accompanied by an English translation if the vehicle was

  5  purchased outside the United States, must be signed and dated

  6  by an authorized representative of the manufacturer, indicate

  7  the complete name and address of the purchaser, include a

  8  complete description of the vehicle, and contain as many

  9  assignments as necessary to show title in the name of the

10  purchaser.

11         (2)  It is unlawful for an off-highway-vehicle

12  manufacturer, manufacturer's representative, or dealer to

13  issue a manufacturer's certificate of origin describing an

14  off-highway vehicle with the knowledge that the description is

15  false or that the off-highway vehicle described does not

16  exist. It is unlawful for any person to obtain or attempt to

17  obtain a certificate of origin with the knowledge that the

18  description is false or that the off-highway vehicle does not

19  exist. Any person who violates this subsection is guilty of a

20  felony of the third degree, punishable as provided in section

21  775.082, section 775.083, or section 775.084, Florida

22  Statutes.

23         Section 13.  Registration required.--Off-highway

24  vehicles operated on public lands of this state, with the

25  exception of off-highway vehicles owned by non-Florida

26  residents, must be registered within 30 days after purchase.

27         Section 14.  Application for and issuance of

28  certificate of registration, registration number, and decal.--

29         (1)  The owner of each off-highway vehicle that

30  requires registration in this state must file a registration

31  application with the county tax collector.

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  1         (a)  The application must provide the owner's name and

  2  address, residency status, a Florida identification card

  3  number such as a driver's license number, and a complete

  4  description of the vehicle to be registered, and must be

  5  accompanied by a fee of $25.

  6         (b)  Proof of ownership must be established by

  7  presenting a title for the off-highway vehicle.

  8         (2)  The department shall issue a certificate of

  9  registration and a registration number upon submittal of a

10  complete application and compliance with the other

11  requirements of this section. The certificate of registration

12  does not constitute a license.

13         (3)  The department shall furnish with each

14  registration certificate issued, a decal signifying the years

15  during which the certificate is valid and containing the

16  assigned registration number, and such decal must be affixed

17  to the rear of the off-highway vehicle.

18         Section 15.  Registration period and reregistration by

19  mail.--

20         (1)  An off-highway-vehicle certificate of registration

21  is valid through the owner's next birthday. If the owner's

22  birthday falls within the first 3 months after issuance of the

23  certificate of registration, the certificate is valid through

24  the owner's following birthday. However, a certificate of

25  registration may not be valid for more than 15 months.

26         (2)  The department shall provide for annual

27  reregistration of off-highway vehicles either in person at the

28  county tax collector's office or by mail.

29         Section 16.  Change of interest and address.--

30         (1)  The owner must furnish to the department notice of

31  the transfer of any whole or partial interest in an

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  1  off-highway vehicle registered or titled in this state or of

  2  the destruction or abandonment of such vehicle within 30 days

  3  thereof. The certificate expires upon such transfer,

  4  destruction, or abandonment, unless the transfer of a partial

  5  interest does not affect the owner's right to operate the

  6  vehicle.

  7         (2)  Any holder of a certificate of registration must

  8  notify the department or the county tax collector within 30

  9  days after a change of address to one other than the address

10  on the certificate and must furnish the department or the

11  county tax collector with the new address. The department may

12  provide by rule for the surrender of the certificate bearing

13  the former address and for its replacement with a new

14  certificate bearing the new address or for the alteration of

15  an outstanding certificate to show the new address of the

16  holder.

17         Section 17.  Duplicate registration certificate or

18  decal, service fees.--

19         (1)  A duplicate off-highway-vehicle registration

20  certificate or decal to replace a lost or misplaced

21  certificate or decal may be obtained from the county tax

22  collector for $10. A duplicate certificate or decal may not be

23  issued except by written request of the registered owner or a

24  person authorized by the owner.

25         (2)  Included in the registration fee for off-highway

26  vehicles is a $2.50 service fee to be retained by the county

27  tax collector for each registration certificate or decal

28  issued, replaced, or renewed. The remainder of the fees

29  collected by the county tax collector shall be remitted to the

30  department.

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  1         (3)  A mail service charge may be collected for each

  2  registration or reregistration mailed by the department or any

  3  tax collector. All registrations and reregistrations must be

  4  mailed by first class mail. The amount of mail service charge

  5  must be the actual postage required rounded to the nearest 5

  6  cents, plus a 25-cent handling charge. The mail service charge

  7  is in addition to the registration fee in section 14.

  8         Section 18.  Disposition of fees.--The department shall

  9  deposit all funds received under sections 4 through 21, less

10  administrative costs of $2 per title transaction, and $2 per

11  registration transaction, into the Off-Highway-Vehicle

12  Revolving Trust Fund created by section 261.11, Florida

13  Statutes.

14         Section 19.  Refusal to issue and authority to cancel a

15  certificate of title or registration.--

16         (1)  If the department finds that an applicant for an

17  off-highway-vehicle certificate of title or registration gave

18  a false statement or false or incomplete information in

19  applying for the certificate or otherwise failed to comply

20  with the applicable provisions pertaining to the application

21  for a certificate, it may refuse to issue the certificate.

22         (2)  If the department finds that an owner or dealer

23  named in an off-highway-vehicle certificate of title or

24  registration gave a false statement or false or incomplete

25  information in applying for the certificate or otherwise

26  failed to comply with the applicable provisions pertaining to

27  the application for a certificate, it may cancel the

28  certificate.

29         (3)  The department may cancel any pending application

30  or any certificate if it finds that any title or registration

31  fee or sales tax pertaining to such registration has not been

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  1  paid, unless the fee or tax is paid within a reasonable time

  2  after the department has given notice.

  3         Section 20.  Crimes relating to certificates of title

  4  and registration decals; penalties.--

  5         (1)  It is unlawful for any person to procure or

  6  attempt to procure a certificate of title or duplicate

  7  certificate of title to an off-highway vehicle, or to pass or

  8  attempt to pass a certificate of title or duplicate

  9  certificate of title to an off-highway vehicle or any

10  assignment thereof, if such person knows or has reason to

11  believe that the vehicle has been stolen. Any person who

12  violates this subsection is guilty of a felony of the third

13  degree, punishable as provided in section 775.082, section

14  775.083, or section 775.084, Florida Statutes.

15         (2)  It is unlawful for any person, knowingly and with

16  intent to defraud, to have in his or her possession, sell,

17  offer to sell, counterfeit, or supply a blank, forged,

18  fictitious, counterfeit, stolen, or fraudulently or unlawfully

19  obtained certificate of title, duplicate certificate of title,

20  registration, bill of sale, or other indicia of ownership of

21  an off-highway vehicle or to conspire to do any of the

22  foregoing. Any person who violates this subsection is guilty

23  of a felony of the third degree, punishable as provided in

24  section 775.082, section 775.083, or section 775.084, Florida

25  Statutes.

26         (3)  It is unlawful:

27         (a)  To alter or forge any certificate of title to an

28  off-highway vehicle or any assignment thereof or any

29  cancellation of any lien on an off-highway vehicle.

30         (b)  To retain or use such certificate, assignment, or

31  cancellation knowing that it has been altered or forged.

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  1         (c)  To use a false or fictitious name, give a false or

  2  fictitious address, or make any false statement in any

  3  application or affidavit required by sections 4 through 21 or

  4  in a bill of sale or sworn statement of ownership or otherwise

  5  commit a fraud in any application.

  6         (d)  To knowingly obtain goods, services, credit, or

  7  money by means of an invalid, duplicate, fictitious, forged,

  8  counterfeit, stolen, or unlawfully obtained certificate of

  9  title, registration, bill of sale, or other indicia of

10  ownership of an off-highway vehicle.

11         (e)  To knowingly obtain goods, services, credit, or

12  money by means of a certificate of title to an off-highway

13  vehicle which certificate is required by law to be surrendered

14  to the department. Any person who violates this subsection is

15  guilty of a felony of the third degree, punishable as provided

16  in section 775.082, section 775.083, or section 775.084,

17  Florida Statutes. A violation of this subsection with respect

18  to any off-highway vehicle makes such off-highway vehicle

19  contraband which may be seized by a law enforcement agency and

20  forfeited under sections 932.701-932.704, Florida Statutes.

21         (4)  It is unlawful for any person:

22         (a)  To make, alter, forge, counterfeit, or reproduce

23  an off-highway-vehicle registration decal unless authorized by

24  the department.

25         (b)  To knowingly have in his or her possession a

26  forged, counterfeit, or imitation off-highway-vehicle

27  registration decal, or reproduction of a decal, unless such

28  possession has been authorized by the department.

29         (c)  To barter, trade, sell, supply, agree to supply,

30  aid in supplying, or give away an off-highway-vehicle

31  registration decal or to conspire to barter, trade, sell,

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  1  supply, agree to supply, aid in supplying, or give away an

  2  off-highway-vehicle registration decal, unless authorized by

  3  the department. Any person who violates this subsection is

  4  guilty of a felony of the third degree, punishable as provided

  5  in section 775.082, section 775.083, or section 775.084,

  6  Florida Statutes.

  7         Section 21.  Noncriminal infractions, penalties.--Any

  8  person who fails to comply with any provisions of sections 4

  9  through 21 for which a greater penalty is not otherwise

10  provided is guilty of a misdemeanor of the second degree,

11  punishable as provided in section 775.082 or section 775.083,

12  Florida Statutes.

13         Section 22.  Subsection (1) of section 375.315, Florida

14  Statutes, is amended to read:

15         375.315  Registration of off-road vehicles.--

16         (1)  Any off-road vehicle operated upon public lands,

17  and not registered or licensed under s. 320.02 or s. 320.06,

18  and not otherwise required to be registered pursuant to the

19  Florida Off-Highway-Vehicle Titling and Registration Act, must

20  be registered as provided in this section.

21         Section 23.  This act shall take effect October 1,

22  2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1036

  3

  4  (1)  The CS adds one representative of the Florida Department
    of Environmental Protection's Office of Greenways and Trails
  5  and one representative of the Fish and Wildlife Conservation
    Commission to the Off-Highway-Vehicle Recreation Advisory
  6  Committee.

  7  (2)  The CS provides rulemaking authority for the Department
    of Agriculture and Consumer Services to implement the
  8  provisions of the Florida Off-Highway Vehicle Safety and
    Recreation Act.
  9
    (3)  The CS provides revised service charges for the titling
10  and registration of off-highway vehicles.

11  (4)  The CS provides that if following the issuance of an
    original, duplicate, or corrected certificate of title by the
12  Department of Highway Safety and Motor Vehicles (DHSMV), the
    certificate is lost in transit and is not delivered to the
13  addressee, the owner of the off-highway vehicle or the holder
    of a lien may, within 180 days (90 days in the original bill)
14  after the date of issuance of the title, apply to DHSMV for
    reissuance of the certificate of title free of charge.
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    (5)  The CS amends s. 375.315, F.S., (the section was repealed
16  in the original bill) to clarify the Fish and Wildlife
    Conservation Commission may continue to collect a $10 fee, and
17  issue a registration certificate and decal for off-road
    vehicles operated upon public lands under their jurisdiction.
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    (6)  The CS does not repeal s. 375.313 (2), F.S., (the
19  subsection was repealed in the original bill) which authorizes
    the Fish and Wildlife Conservation Commission to regulate or
20  prohibit the use of motor vehicles on public lands in order to
    prevent damage to state lands.
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