CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator King moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 6, between lines 13 and 14,

15

16  insert:

17         Section 7.  Paragraph (v) is added to subsection (1) of

18  section 215.22, Florida Statutes, to read:

19         215.22  Certain income and certain trust funds

20  exempt.--

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

22  following trust funds shall be exempt from the deduction

23  required by s. 215.20(1):

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

25         Section 8.  Chapter 261, Florida Statutes, consisting

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

27  261.07, 261.08, 261.09, and 261.10, Florida Statutes, is

28  created to read:

29         261.01  Short title.--This chapter may be cited as the

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

31         261.02  Legislative intent.--

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





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

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

 3  that the use of these vehicles should be controlled and

 4  managed to minimize negative effects on the environment,

 5  wildlife habitats, native wildlife, and native flora.

 6         (2)  The Legislature declares that effectively managed

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

 8  vehicles are compatible with this state's overall recreation

 9  plan and the underlying goal of multiple use.

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

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

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

13  manner consistent with this chapter, in particular to maintain

14  sustained long-term use.

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

16  facilities, and opportunities be provided and managed pursuant

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

18         261.03  Definitions.--As used in this chapter, the

19  term:

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

21  Vehicle Recreation Advisory Committee created by s. 261.04.

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

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

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

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

26  straddled by the operator and handlebars for steering control,

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

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

29  and Consumer Services.

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

31  Department of Agriculture and Consumer Services.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





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

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

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

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

 5  ground, but excludes a tractor or a moped.

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

 7  off the roads or highways of this state for recreational

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

 9  use under chapter 320.

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

11  Program.

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

13  recreation areas and trails within the state.

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

15  Revolving Trust Fund" created by s. 261.11.

16         261.04  Creation of the Off-Highway-Vehicle Recreation

17  Advisory Committee; members; appointment.--

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

19  Committee is created within the Division of Forestry and

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

21  Commissioner of Agriculture. The appointees shall include one

22  representative of the Department of Agriculture and Consumer

23  Services, one representative of the Department of Highway

24  Safety and Motor Vehicles, one representative of the

25  Department of Environmental Protection's Office of Greenways

26  and Trails, one representative of the Fish and Wildlife

27  Conservation Commission, one representative of a licensed

28  off-highway-vehicle dealer, and four representatives of

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

30  appointments, the commissioner shall consider the places of

31  residence of the members to ensure statewide representation.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





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

 2  committee is 2 years. The members first appointed shall

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

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

 5  June 30, 2003.

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

 7  commissioner shall appoint a successor member for the

 8  unexpired portion of the term.

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

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

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

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

13  necessary expenses incurred in the performance of their

14  duties.

15         261.05  Duties and responsibilities of the

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

17         (1)  The advisory committee shall establish policies to

18  guide the department regarding the off-highway-vehicle

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

20  recreation areas and trails.

21         (2)  The advisory committee shall make recommendations

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

23  training, and rider-education programs.

24         (3)  The advisory committee shall be fully informed

25  regarding all governmental activities affecting the program.

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

27  and locations throughout the state to receive comments on the

28  implementation of the program.

29         (5)  The advisory committee shall review and make

30  recommendations annually regarding the department's proposed

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1  providing funds to match grant funds available from other

 2  sources.

 3         (6)  The advisory committee shall make recommendations

 4  regarding all capital outlay expenditures from the trust fund

 5  proposed for inclusion in the budget.

 6         (7)  The advisory committee shall review grant

 7  applications submitted by any governmental agency or entity

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

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

10  trails within the state. The advisory committee shall

11  recommend to the department approval or denial of such grant

12  applications based upon criteria established by the advisory

13  committee.

14         261.06  Functions, duties, and responsibilities of the

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

16  responsibilities of the department through the division:

17         (1)  The planning, acquisition, development,

18  construction, conservation, and rehabilitation of lands in and

19  for the system.

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

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

22  enforcement and appropriate public safety activities.

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

24  advisory committee's budget recommendations.

25         (4)  Implementation of the program, including the

26  ultimate approval of grant applications submitted by

27  governmental agencies.

28         (5)  Ensuring compliance with environmental laws and

29  regulations of the program and lands in the system.

30         (6)  The implementation of the policies established by

31  the advisory committee.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1         (7)  Provision of staff assistance to the advisory

 2  committee.

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

 4  be included in, the system.

 5         (9)  Conducting surveys and the preparation of studies

 6  as are necessary or desirable for implementing the program.

 7         (10)  Recruitment and utilization of volunteers to

 8  further the program.

 9         (11)  Rulemaking authority to implement the provisions

10  of ss. 261.01-261.10.

11         261.07  Publication and sale of guidebook;

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

13  department shall publish a guidebook, including the text of

14  this chapter, other laws and regulations relating to the

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

16  guidebook may include other public areas, trails, and

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

18  must include information regarding the responsibility of users

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

20  regulations including particular provisions and other

21  information intended to prevent trespass and damage to public

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

23  cost to facilitate the broadest possible distribution and must

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

25  preparation, printing, and distribution.

26         261.08  Repair, maintenance, and restoration of areas,

27  trails, and lands.--

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

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

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

31  management of the system. Accordingly, the department shall

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

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 1  promptly repair and continuously maintain areas and trails,

 2  anticipate and prevent accelerated and unnatural erosion, and

 3  restore lands damaged by erosion to the extent possible.

 4         (2)  The department shall monitor the condition of

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

 6  determine whether there is compliance with applicable

 7  environmental laws and regulations and take appropriate action

 8  as necessary.

 9         261.09  Contracts and agreements.--The department may

10  contract with private persons or entities and enter into

11  cooperative agreements with other public agencies for the care

12  and maintenance of lands in the system, including contracts

13  for law enforcement services with public agencies having law

14  enforcement powers.

15         261.10  Criteria for recreation areas and

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

17  shall consist of corridors that are designated and maintained

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

19  generally suitable or maintained for normal travel by

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

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

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

23  selected and managed in accordance with this chapter.

24         Section 9.  Subsection (2) of section 316.2074, Florida

25  Statutes, is amended to read:

26         316.2074  All-terrain vehicles.--

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

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

29  (1270 mm) or less in width, having a dry weight of 900 600

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

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

 2  straddled by the operator, and having handlebars for steering

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

 4  passenger.

 5         Section 10.  Short title.--Sections 8 through 25 of

 6  this act may be cited as the "Florida Off-Highway-Vehicle

 7  Titling and Registration Act."

 8         Section 11.  Legislative intent.--It is the

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

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

11  vehicles operated on public lands be titled and issued a

12  certificate of title to allow for easy determination of

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

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

15  registered and issued a registration decal containing a

16  registration identification number to provide funding for the

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

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

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

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

21  registration requirements of this act, and that all

22  off-highway vehicles owned by governmental entities shall be

23  exempt from the titling and registration fees imposed by this

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

25  this act which are necessary to cover the administrative costs

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

27  collectors.

28         Section 12.  Definitions.--As used in sections 8

29  through 25, the term:

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





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

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

 3  straddled by the operator and handlebars for steering control,

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

 5  passenger.

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

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

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

 9  sales tax certificate of registration issued by the Department

10  of Revenue and a valid commercial or occupational license

11  required by any county, municipality, or political subdivision

12  of the state in which the person operates.

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

14  Safety and Motor Vehicles.

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

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

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

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

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

20  homestead tax exemption on property in this state.

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

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

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

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

25  ground, but excludes a tractor or a moped.

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

27  off the roads or highways of this state for recreational

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

29  pursuant to chapter 320.

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





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

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

 3  person, reserved or created by agreement and securing payment

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

 5  lessee under a lease not intended as security.

 6         Section 13.  Administration of off-highway-vehicle

 7  titling and registration laws; records.--

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

 9  and registration laws in sections 8 through 25 is under the

10  Department of Highway Safety and Motor Vehicles, which shall

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

12  off-highway-vehicle titling and registration applications and

13  certificates, including the receipt and accounting of

14  off-highway-vehicle titling and registration fees.

15         (2)  The department shall keep records and perform

16  other clerical duties pertaining to off-highway-vehicle

17  titling and registration as required.

18         Section 14.  Rules, forms, and notices.--

19         (1)  The department may adopt rules under section

20  120.536(1), Florida Statutes, and section 120.54, Florida

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

22  registration, to implement the provisions of sections 8

23  through 25 conferring duties upon it.

24         (2)  The department shall prescribe and provide

25  suitable forms for applications and other notices and forms

26  necessary to administer the provisions of sections 8 through

27  25.

28         Section 15.  Certificate of title required.--

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1  lands of this state must be titled pursuant to sections 8

 2  through 25.

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

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

 5  the purchaser or transferee a valid certificate of title with

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

 7  purchaser or transferee. A person may not purchase or

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

 9  without obtaining a certificate of title for the vehicle in

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

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

12  application for a title transfer with the county tax

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

14  purchaser or transferee who files a title transfer application

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

16  $5 of the additional amount.

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

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

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

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

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

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

23  destruction or abandonment, surrender to the department all

24  title documents for cancellation.

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

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

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

28  record his or her valid sales tax certificate of registration

29  number.

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

31  each application which is handled in connection with the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1  issuance, duplication, or transfer of any certificate of

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

 3  application which is handled in connection with the

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

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

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

 7  shall be collected by the department on any application

 8  handled directly from its office.  Otherwise, these service

 9  charges shall be collected and retained by the tax collector

10  who handles the application.

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

12  any tax collector may impose an additional service charge of

13  not more than 50 cents on any transaction specified in

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

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

16  collector's branch office.

17         Section 16.  Application for and issuance of

18  certificate of title.--

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

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

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

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

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

24  application must be signed by the owner and must be

25  accompanied by a fee of $29.

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

27  owner submitting with the application an executed bill of

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

29  ownership for off-highway vehicles purchased before the

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

31  to the department.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





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

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

 3  department the last title document issued for that vehicle.

 4  The document must be properly executed. Proper execution

 5  includes the previous owner's signature and certification that

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

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

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

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

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

11  lienholder has knowledge of and consents to the transfer of

12  title to the new owner.

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

14  transfer must include payment of the applicable state sales

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

16  vehicles purchased or transferred before the effective date of

17  this act.

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

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

20  the department shall issue a certificate of title that states

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

22  suitable for highway use.

23         Section 17.  Duplicate certificate of title.--

24         (1)  The department may issue a duplicate certificate

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

26  a certificate if the department is satisfied that the original

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

28  $15 shall be charged for issuing a duplicate certificate.

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

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

31  a duplicate certificate of title. Application for such

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    Bill No. CS/HB 1723

    Amendment No.    





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

 2  department shall issue each certificate of title applied for

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

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

 5  written request by the applicant.

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

 7  duplicate, or corrected certificate of title by the

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

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

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

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

12  department for reissuance of the certificate of title. An

13  additional fee may not be charged for reissuance under this

14  subsection.

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

16  that the application is signed by a person authorized to

17  receive a duplicate title certificate under this section if

18  the address shown on the application is different from the

19  address shown for the applicant on the records of the

20  department.

21         Section 18.  Manufacturer's statement of origin to be

22  furnished.--

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

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

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

26  accompanied by an English translation if the vehicle was

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

28  by an authorized representative of the manufacturer, indicate

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

30  complete description of the vehicle, and contain as many

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1  purchaser.

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

 3  manufacturer, manufacturer's representative, or dealer to

 4  issue a manufacturer's certificate of origin describing an

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

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

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

 8  obtain a certificate of origin with the knowledge that the

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

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

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

12  775.082, section 775.083, or section 775.084, Florida

13  Statutes.

14         Section 19.  Registration required.--Off-highway

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

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

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

18         Section 20.  Application for and issuance of

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

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

21  requires registration in this state must file a registration

22  application with the county tax collector.

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

24  address, residency status, a Florida identification card

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

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

27  accompanied by a fee of $25.

28         (b)  Proof of ownership must be established by

29  presenting a title for the off-highway vehicle.

30         (2)  The department shall issue a certificate of

31  registration and a registration number upon submittal of a

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    Bill No. CS/HB 1723

    Amendment No.    





 1  complete application and compliance with the other

 2  requirements of this section. The certificate of registration

 3  does not constitute a license.

 4         (3)  The department shall furnish with each

 5  registration certificate issued, a decal signifying the years

 6  during which the certificate is valid and containing the

 7  assigned registration number, and such decal must be affixed

 8  to the rear of the off-highway vehicle.

 9         Section 21.  Registration period and reregistration by

10  mail.--

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

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

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

14  certificate of registration, the certificate is valid through

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

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

17         (2)  The department shall provide for annual

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

19  county tax collector's office or by mail.

20         Section 22.  Change of interest and address.--

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

22  the transfer of any whole or partial interest in an

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

24  the destruction or abandonment of such vehicle within 30 days

25  thereof. The certificate expires upon such transfer,

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

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

28  vehicle.

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

30  notify the department or the county tax collector within 30

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1  on the certificate and must furnish the department or the

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

 3  provide by rule for the surrender of the certificate bearing

 4  the former address and for its replacement with a new

 5  certificate bearing the new address or for the alteration of

 6  an outstanding certificate to show the new address of the

 7  holder.

 8         Section 23.  Duplicate registration certificate or

 9  decal, service fees.--

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

11  certificate or decal to replace a lost or misplaced

12  certificate or decal may be obtained from the county tax

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

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

15  person authorized by the owner.

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

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

18  tax collector for each registration certificate or decal

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

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

21  department.

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

23  registration or reregistration mailed by the department or any

24  tax collector. All registrations and reregistrations must be

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

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

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

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

29         Section 24.  Disposition of fees.--The department shall

30  deposit all funds received under sections 8 through 25, less

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1  registration transaction, into the Off-Highway-Vehicle

 2  Revolving Trust Fund created by section 261.11, Florida

 3  Statutes.

 4         Section 25.  Refusal to issue and authority to cancel a

 5  certificate of title or registration.--

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

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

 8  a false statement or false or incomplete information in

 9  applying for the certificate or otherwise failed to comply

10  with the applicable provisions pertaining to the application

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

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

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

14  registration gave a false statement or false or incomplete

15  information in applying for the certificate or otherwise

16  failed to comply with the applicable provisions pertaining to

17  the application for a certificate, it may cancel the

18  certificate.

19         (3)  The department may cancel any pending application

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

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

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

23  after the department has given notice.

24         Section 26.  Crimes relating to certificates of title

25  and registration decals; penalties.--

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

27  attempt to procure a certificate of title or duplicate

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

29  attempt to pass a certificate of title or duplicate

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





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

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

 3  degree, punishable as provided in section 775.082, section

 4  775.083, or section 775.084, Florida Statutes.

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

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

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

 8  fictitious, counterfeit, stolen, or fraudulently or unlawfully

 9  obtained certificate of title, duplicate certificate of title,

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

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

12  foregoing. Any person who violates this subsection is guilty

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

14  section 775.082, section 775.083, or section 775.084, Florida

15  Statutes.

16         (3)  It is unlawful:

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

18  off-highway vehicle or any assignment thereof or any

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

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

21  cancellation knowing that it has been altered or forged.

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

23  fictitious address, or make any false statement in any

24  application or affidavit required by sections 8 through 25 or

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

26  commit a fraud in any application.

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

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

29  counterfeit, stolen, or unlawfully obtained certificate of

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

31  ownership of an off-highway vehicle.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





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

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

 3  vehicle which certificate is required by law to be surrendered

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

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

 6  in section 775.082, section 775.083, or section 775.084,

 7  Florida Statutes. A violation of this subsection with respect

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

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

10  forfeited under sections 932.701-932.704, Florida Statutes.

11         (4)  It is unlawful for any person:

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

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

14  the department.

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

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

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

18  possession has been authorized by the department.

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

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

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

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

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

24  the department. Any person who violates this subsection is

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

26  in section 775.082, section 775.083, or section 775.084,

27  Florida Statutes.

28         Section 27.  Noncriminal infractions, penalties.--Any

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

30  through 25 for which a greater penalty is not otherwise

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1  punishable as provided in section 775.082 or section 775.083,

 2  Florida Statutes.

 3         Section 28.  Subsection (1) of section 375.315, Florida

 4  Statutes, is amended to read:

 5         375.315  Registration of off-road vehicles.--

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

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

 8  and not otherwise required to be registered pursuant to the

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

10  be registered as provided in this section.

11

12  (Redesignate subsequent sections.)

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, line 21, after the semicolon

18

19  insert:

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

21         Off-Highway-Vehicle Revolving Trust Fund from a

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

23         creating the Florida Off-Highway-Vehicle Safety

24         and Recreation Act; providing legislative

25         intent; providing definitions; creating the

26         Off-Highway-Vehicle Recreation Advisory

27         Committee; providing duties and

28         responsibilities; providing for the duties and

29         responsibilities of the Department of

30         Agriculture and Consumer Services; providing

31         for rulemaking authority; providing for the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1         publication and sale of a guidebook; providing

 2         for the repair, maintenance and restoration of

 3         areas, trails, and lands; providing for

 4         contracts and agreements; providing criteria

 5         for recreation areas and trails; amending s.

 6         316.2074, F.S.; revising the definition of the

 7         term "all-terrain vehicle"; creating the

 8         Florida Off-Highway-Vehicle Titling and

 9         Registration Act; providing legislative intent;

10         providing definitions; providing for

11         administration by the Department of Highway

12         Safety and Motor Vehicles; providing for rules,

13         forms, and notices; requiring certificates of

14         title; providing for application for and

15         issuance of certificates of title; providing

16         for duplicate certificates of title; requiring

17         the furnishing of a manufacturer's statement of

18         origin; requiring registration; providing for

19         application for and issuance of certificate of

20         registration, registration number, and decal;

21         providing for the registration period and for

22         reregistration by mail; providing for change of

23         interest and address; providing for duplicate

24         registration certificate and decal; providing

25         for fees; providing for disposition of fees;

26         providing for refusal to issue and authority to

27         cancel a certificate of title or registration;

28         providing for crimes relating to certificates

29         of title and registration decals; providing

30         penalties; providing for noncriminal

31         infractions; providing penalties; amending s.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1723

    Amendment No.    





 1         375.315, F.S., relating to the registration of

 2         off-road vehicles;

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