House Bill 1911c2

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    Florida House of Representatives - 2000          CS/CS/HB 1911

        By the Committees on Finance & Taxation, Transportation
    and Representative Kyle





  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; amending s. 316.003,

  4         F.S.; redefining the term "motor vehicle";

  5         amending s. 316.193, F.S.; providing for the

  6         court to order the impoundment and

  7         immobilization of all vehicles owned by a

  8         person with a second or subsequent conviction

  9         of DUI; amending s. 316.1936, F.S.; prohibiting

10         the possession of any open alcoholic beverage

11         container in the passenger area of any motor

12         vehicle on any public road; amending s.

13         316.2065, F.S.; revising language with respect

14         to bicycle regulations; amending s. 316.228,

15         F.S.; providing that any vehicle or trailer

16         transporting logs, pulpwood, poles, or posts

17         extending 4 feet or more from the rear of the

18         vehicle must have an amber strobe light affixed

19         to the projecting load; amending s. 316.2954,

20         F.S.; revising language with respect to

21         restrictions on sunscreening material on a

22         motor vehicle; providing applicability;

23         providing a penalty; creating s. 316.29545,

24         F.S.; directing the Department of Highway

25         Safety and Motor Vehicles to provide for the

26         issuance of medical exemption certificates to

27         certain persons who may operate a motor vehicle

28         with sunscreening materials which are not in

29         compliance with state law; providing for

30         exemptions for certain law enforcement

31         vehicles; providing for a fee; amending s.

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  1         316.2956, F.S.; providing a cross reference to

  2         conform to the act; amending s. 316.515, F.S.;

  3         revising width limits with respect to certain

  4         noncommercial travel trailers, camping

  5         trailers, truck campers, motor homes, and

  6         private motor coaches; providing a length limit

  7         on motor homes; providing length limitations on

  8         boat trailers; amending s. 316.530, F.S.;

  9         authorizing the use of cables and other devices

10         meeting federal safety standards in the towing

11         of certain vehicles; amending s. 316.605, F.S.;

12         prohibiting the placement of materials on a

13         license plate under certain circumstances;

14         amending s. 316.613, F.S.; authorizing the

15         department to expend funds for the purchase of

16         promotional items and education campaigns with

17         respect to child restraint requirements;

18         amending s. 318.1451, F.S.; deleting an

19         unnecessary statute reference; providing the

20         Department of Highway Safety and Motor Vehicles

21         regulatory authority over the approval process

22         for courses related to basic driver improvement

23         courses that use technology as the delivery

24         method; redefining the term "approved courses"

25         to mean those courses which have passed and

26         have maintained standards approved for

27         statewide delivery; amending s. 318.32, F.S.;

28         appointing traffic infraction hearing officers

29         to administer oaths; amending s. 319.001, F.S.;

30         providing definitions; amending s. 319.14,

31         F.S.; revising language with respect to the

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  1         sale of certain nonconforming vehicles;

  2         revising language with respect to certain

  3         rebuilt vehicles; providing a penalty for

  4         removal of certain decals; amending s. 319.27,

  5         F.S.; revising language with respect to

  6         constructive notice for liens on certain motor

  7         vehicles or mobile homes; amending s. 319.30,

  8         F.S.; redefining the terms "major component

  9         parts" and "major part"; revising language with

10         respect to salvage certificates of title;

11         prohibiting the removal of a state-assigned

12         identification number plate from a motor

13         vehicle or mobile home; amending s. 319.33,

14         F.S.; prohibiting the removal of a

15         state-assigned identification number plate or

16         serial plate or any other decal for the purpose

17         of identification of a motor vehicle; revising

18         language with respect to numbers and

19         identifying marks manufactured on a major

20         component part; providing for the confiscation

21         of a major component part that has been

22         altered, defaced, destroyed, or removed;

23         amending s. 320.01, F.S.; increasing the length

24         limit for the definition of a "motor home";

25         amending s. 320.031, F.S.; providing for all

26         mail service charges to be paid into the

27         Highway Safety Operating Trust Fund; amending

28         s. 320.04, F.S.; providing for the registration

29         service charge to be paid to the Highway Safety

30         Operating Trust Fund; amending s. 320.055,

31         F.S.; revising language with respect to

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  1         registration periods for certain apportioned

  2         registration; amending s. 320.0605, F.S.;

  3         providing for a temporary receipt to be printed

  4         upon a registration renewal via the Internet;

  5         amending s. 320.07, F.S.; providing for the

  6         time period for the application of a delinquent

  7         fee with respect to the expiration of

  8         registration; amending s. 320.0805, F.S.;

  9         providing for a shorter period of time for a

10         personalized prestige license plate to remain

11         out of circulation; amending s. 320.08058,

12         F.S.; revising language concerning the

13         disbursement of the annual use fee assessed

14         from the Sea Turtle license plate; revising

15         language concerning the United States Marine

16         Corps license plate; amending s. 320.083, F.S.;

17         revising language with respect to the special

18         license plates for amateur radio operators;

19         amending s. 320.089, F.S.; revising language

20         with respect to special license plates issued

21         to members of the National Guard and active

22         United States Armed Forces reservists, former

23         prisoners of war, survivors of Pearl Harbor,

24         and Purple Heart medal recipients; amending s.

25         320.18, F.S.; authorizing the department to

26         suspend certain motor vehicle registrations and

27         driver licenses for persons who pay for certain

28         license plates, decals, tax liabilities,

29         penalties, or interest by a dishonored check;

30         amending s. 320.27, F.S.; providing language

31         with respect to supplemental licenses for motor

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  1         vehicle dealers authorizing off-premises sales;

  2         revising language with respect to certificate

  3         of title to provide additional indicia of

  4         ownership; amending s. 320.60, F.S.; redefining

  5         the term "motor vehicle"; amending s. 320.77,

  6         F.S.; providing language with respect to

  7         supplemental licenses for mobile home dealers

  8         authorizing off-premises sales; amending s.

  9         320.771, F.S.; providing language with respect

10         to supplemental licenses for recreational

11         vehicle dealers authorizing off-premises sales;

12         amending s. 322.01, F.S.; redefining the term

13         "motor vehicle"; amending s. 322.025, F.S.;

14         correcting cross references; amending s.

15         322.051, F.S.; revising language with respect

16         to identification cards; amending s. 322.08,

17         F.S.; revising language with respect to

18         application for license; amending s. 322.161,

19         F.S.; increasing the point requirement for

20         restricting certain high-risk drivers; amending

21         s. 322.22, F.S.; providing for license

22         cancellation with respect to certain

23         transactions which are paid for by a dishonored

24         check; amending s. 322.271, F.S.; requiring

25         proof of enrollment in a department-approved

26         basic driver improvement or traffic law and

27         substance abuse education course prior to

28         certain driver license reinstatements; amending

29         ss. 328.48, 328.72, 328.73, and 328.735, F.S.;

30         correcting cross references; amending s.

31         713.585, F.S.; providing that the lienor of a

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  1         vehicle must give prior notice to the vehicle

  2         owner at the last known address upon claim of a

  3         lien and prior to the sale of the vehicle;

  4         providing that the vehicle must be sold in the

  5         county in which it has been held and in which

  6         notice has been published; providing for

  7         penalties; amending s. 713.78, F.S.; providing

  8         that the lienor of a vessel must send prior

  9         notice of the claim and sale of a vessel to the

10         most current known address; providing that the

11         vessel must be sold in the county in which it

12         has been held and in which the notice has been

13         published; providing penalties; revising

14         language with respect to a certificate of

15         destruction authorizing the dismantling or

16         destruction of a vehicle or vessel; authorizing

17         employees of the department to inspect records;

18         providing penalties for failure to maintain

19         certain records; amending s. 715.05, F.S.;

20         revising language with respect to the reporting

21         of unclaimed motor vehicles; including

22         reference to vessels; providing penalties with

23         respect to certain violations regarding

24         vessels; amending s. 715.07, F.S.; including

25         reference to vessels as well as vehicles which

26         are parked or located on private property;

27         amending s. 213.053, F.S.; authorizing the

28         Department of Revenue to provide certain

29         information to the department for certain

30         purposes; amending ss. 316.251 and 325.203,

31         F.S.; correcting cross references; creating an

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  1         interim task force on motor vehicles within the

  2         Department of Highway Safety and Motor

  3         Vehicles; providing for membership,

  4         organization, and meetings of the task force;

  5         providing purposes and duties; providing for

  6         interim and final reports; providing for

  7         termination of the task force; providing

  8         effective dates.

  9

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

11

12         Section 1.  Subsection (21) of section 316.003, Florida

13  Statutes, is amended to read:

14         316.003  Definitions.--The following words and phrases,

15  when used in this chapter, shall have the meanings

16  respectively ascribed to them in this section, except where

17  the context otherwise requires:

18         (21)  MOTOR VEHICLE.--Any self-propelled vehicle not

19  operated upon rails or guideway, but not including any

20  bicycle, goped, or moped.

21         Section 2.  Subsection (6) of section 316.193, Florida

22  Statutes, is amended to read:

23         316.193  Driving under the influence; penalties.--

24         (6)  With respect to any person convicted of a

25  violation of subsection (1), regardless of any penalty imposed

26  pursuant to subsection (2), subsection (3), or subsection (4):

27         (a)  For the first conviction, the court shall place

28  the defendant on probation for a period not to exceed 1 year

29  and, as a condition of such probation, shall order the

30  defendant to participate in public service or a community work

31  project for a minimum of 50 hours; or the court may order

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  1  instead, that any defendant pay an additional fine of $10 for

  2  each hour of public service or community work otherwise

  3  required, if, after consideration of the residence or location

  4  of the defendant at the time public service or community work

  5  is required, payment of the fine is in the best interests of

  6  the state. However, the total period of probation and

  7  incarceration may not exceed 1 year. The court must also, as a

  8  condition of probation, order the impoundment or

  9  immobilization of the vehicle that was operated by or in the

10  actual control of the defendant or any one vehicle registered

11  in the defendant's name at the time of impoundment or

12  immobilization, for a period of 10 days or for the unexpired

13  term of any lease or rental agreement that expires within 10

14  days. The impoundment or immobilization must not occur

15  concurrently with the incarceration of the defendant.  The

16  impoundment or immobilization order may be dismissed in

17  accordance with paragraph (e), paragraph (f), or paragraph

18  (g), or paragraph (h).

19         (b)  For the second conviction for an offense that

20  occurs within a period of 5 years after the date of a prior

21  conviction for violation of this section, the court shall

22  order imprisonment for not less than 10 days. The court must

23  also, as a condition of probation, order the impoundment or

24  immobilization of all vehicles owned by the defendant the

25  vehicle that was operated by or in the actual control of the

26  defendant or any one vehicle registered in the defendant's

27  name at the time of impoundment or immobilization, for a

28  period of 30 days or for the unexpired term of any lease or

29  rental agreement that expires within 30 days. The impoundment

30  or immobilization must not occur concurrently with the

31  incarceration of the defendant and must occur concurrently

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  1  with the driver's license revocation imposed under s.

  2  322.28(2)(a)2.  The impoundment or immobilization order may be

  3  dismissed in accordance with paragraph (e), paragraph (f), or

  4  paragraph (g), or paragraph (h).  At least 48 hours of

  5  confinement must be consecutive.

  6         (c)  For the third or subsequent conviction for an

  7  offense that occurs within a period of 10 years after the date

  8  of a prior conviction for violation of this section, the court

  9  shall order imprisonment for not less than 30 days. The court

10  must also, as a condition of probation, order the impoundment

11  or immobilization of all vehicles owned by the defendant the

12  vehicle that was operated by or in the actual control of the

13  defendant or any one vehicle registered in the defendant's

14  name at the time of impoundment or immobilization, for a

15  period of 90 days or for the unexpired term of any lease or

16  rental agreement that expires within 90 days. The impoundment

17  or immobilization must not occur concurrently with the

18  incarceration of the defendant and must occur concurrently

19  with the driver's license revocation imposed under s.

20  322.28(2)(a)3.  The impoundment or immobilization order may be

21  dismissed in accordance with paragraph (e), paragraph (f), or

22  paragraph (g), or paragraph (h). At least 48 hours of

23  confinement must be consecutive.

24         (d)  The court must at the time of sentencing the

25  defendant issue an order for the impoundment or immobilization

26  of a vehicle. Within 7 business days after the date that the

27  court issues the order of impoundment or immobilization, the

28  clerk of the court must send notice by certified mail, return

29  receipt requested, to the registered owner of each vehicle, if

30  the registered owner is a person other than the defendant, and

31  to each person of record claiming a lien against the vehicle.

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  1         (e)  A person who owns but was not operating the

  2  vehicle when the offense occurred may submit to the court a

  3  police report indicating that the vehicle was stolen at the

  4  time of the offense or documentation of having purchased the

  5  vehicle after the offense was committed from an entity other

  6  than the defendant or the defendant's agent. If the court

  7  finds that the vehicle was stolen or that the sale was not

  8  made to circumvent the order and allow the defendant continued

  9  access to the vehicle, the order must be dismissed and the

10  owner of the vehicle will incur no costs. If the court denies

11  the request to dismiss the order of impoundment or

12  immobilization, the petitioner may request an evidentiary

13  hearing.

14         (f)  A person who owns but was not operating the

15  vehicle when the offense occurred, and whose vehicle was

16  stolen or who purchased the vehicle after the offense was

17  committed directly from the defendant or the defendant's

18  agent, may request an evidentiary hearing to determine whether

19  the impoundment or immobilization should occur. If the court

20  finds that either the vehicle was stolen or the purchase was

21  made without knowledge of the offense, that the purchaser had

22  no relationship to the defendant other than through the

23  transaction, and that such purchase would not circumvent the

24  order and allow the defendant continued access to the vehicle,

25  the order must be dismissed and the owner of the vehicle will

26  incur no costs.

27         (g)  The court shall also dismiss the order of

28  impoundment or immobilization of the vehicle if the court

29  finds that the family of the owner of the vehicle has no other

30  private means of transportation.

31

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  1         (h)  The court may also dismiss the order of

  2  impoundment or immobilization of any vehicles that are owned

  3  by the defendant but that are operated solely by the employees

  4  of the defendant or any business owned by the defendant.

  5         (i)(h)  All costs and fees for the impoundment or

  6  immobilization, including the cost of notification, must be

  7  paid by the owner of the vehicle or, if the vehicle is leased

  8  or rented, by the person leasing or renting the vehicle,

  9  unless the impoundment or immobilization order is dismissed.

10  All provisions of s. 713.78 shall apply.

11         (j)(i)  The person who owns a vehicle that is impounded

12  or immobilized under this paragraph, or a person who has a

13  lien of record against such a vehicle and who has not

14  requested a review of the impoundment pursuant to paragraph

15  (e), paragraph (f), or paragraph (g), may, within 10 days

16  after the date that person has knowledge of the location of

17  the vehicle, file a complaint in the county in which the owner

18  resides to determine whether the vehicle was wrongfully taken

19  or withheld from the owner or lienholder. Upon the filing of a

20  complaint, the owner or lienholder may have the vehicle

21  released by posting with the court a bond or other adequate

22  security equal to the amount of the costs and fees for

23  impoundment or immobilization, including towing or storage, to

24  ensure the payment of such costs and fees if the owner or

25  lienholder does not prevail. When the bond is posted and the

26  fee is paid as set forth in s. 28.24, the clerk of the court

27  shall issue a certificate releasing the vehicle. At the time

28  of release, after reasonable inspection, the owner or

29  lienholder must give a receipt to the towing or storage

30  company indicating any loss or damage to the vehicle or to the

31  contents of the vehicle.

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  1         (k)(j)  A defendant, in the court's discretion, may be

  2  required to serve all or any portion of a term of imprisonment

  3  to which the defendant has been sentenced pursuant to this

  4  section in a residential alcoholism treatment program or a

  5  residential drug abuse treatment program. Any time spent in

  6  such a program must be credited by the court toward the term

  7  of imprisonment.

  8

  9  For the purposes of this section, any conviction for a

10  violation of s. 327.35; a previous conviction for the

11  violation of former s. 316.1931, former s. 860.01, or former

12  s. 316.028; or a previous conviction outside this state for

13  driving under the influence, driving while intoxicated,

14  driving with an unlawful blood-alcohol level, driving with an

15  unlawful breath-alcohol level, or any other similar

16  alcohol-related or drug-related traffic offense, is also

17  considered a previous conviction for violation of this

18  section. However, in satisfaction of the fine imposed pursuant

19  to this section, the court may, upon a finding that the

20  defendant is financially unable to pay either all or part of

21  the fine, order that the defendant participate for a specified

22  additional period of time in public service or a community

23  work project in lieu of payment of that portion of the fine

24  which the court determines the defendant is unable to pay. In

25  determining such additional sentence, the court shall consider

26  the amount of the unpaid portion of the fine and the

27  reasonable value of the services to be ordered; however, the

28  court may not compute the reasonable value of services at a

29  rate less than the federal minimum wage at the time of

30  sentencing.

31

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  1         Section 3.  Subsections (1) and (2) of section

  2  316.1936, Florida Statutes, are amended to read:

  3         316.1936  Possession of open containers of alcoholic

  4  beverages in vehicles prohibited; penalties.--

  5         (1)  As used in this section, the term:

  6         (a)  "Open container" means any container of an

  7  alcoholic beverage which is immediately capable of being

  8  consumed from, or the seal of which has been broken.

  9         (b)  "Road" means a way open to travel by the public,

10  including, but not limited to, a street, highway, or alley.

11  The term includes associated sidewalks, the roadbed, the

12  right-of-way, and all culverts, drains, sluices, ditches,

13  water storage areas, embankments, slopes, retaining walls,

14  bridges, tunnels, and viaducts necessary for the maintenance

15  of travel and all ferries used in connection therewith.

16         (2)(a)  It is unlawful and punishable as provided in

17  this section for any person to possess an open container of an

18  alcoholic beverage or consumes an alcoholic beverage while

19  operating a vehicle in the state or while a passenger in or on

20  a vehicle being operated in the state.

21         (b)  It is unlawful and punishable as provided in this

22  section for any person to possess an open container of an

23  alcoholic beverage or consume an alcoholic beverage while

24  seated in or on a motor vehicle that is parked or stopped

25  within a road, as defined in this section.

26         Section 4.  Paragraph (d) of subsection (3) of section

27  316.2065, Florida Statutes, is amended to read:

28         316.2065  Bicycle regulations.--

29         (3)

30         (d)  A bicycle rider or passenger who is under 16 years

31  of age must wear a bicycle helmet that is properly fitted and

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  1  is fastened securely upon the passenger's head by a strap, and

  2  that meets the federal Safety Standard for Bicycle Helmets;

  3  Final Rule, 16 C.F.R. part 1203 standards of the American

  4  National Standards Institute (ANSI Z 90.4 Bicycle Helmet

  5  Standards), the standards of the Snell Memorial Foundation

  6  (1984 Standard for Protective Headgear for Use in Bicycling),

  7  or any other nationally recognized standards for bicycle

  8  helmets adopted by the department. As used in this subsection,

  9  the term "passenger" includes a child who is riding in a

10  trailer or semitrailer attached to a bicycle. Helmets

11  purchased prior to October 1, 2000, and meeting the standards

12  of the American National Standards Institute (ANSI Z 90.4

13  Bicycle Helmet Standards), the standards of the Snell Memorial

14  Foundation (1984 Standard for Protective Headgear for Use in

15  Bicycling), or any other nationally recognized standards for

16  bicycle helmets adopted by the department may continue to be

17  worn by riders or passengers until March 9, 2009. This

18  exception for helmets purchased prior to October 1, 2000, is

19  repealed March 9, 2009.

20         Section 5.  Section 316.228, Florida Statutes, is

21  amended to read:

22         316.228  Lamps or flags on projecting load.--

23         (1)  Except as provided in subsection (2), whenever the

24  load upon any vehicle extends to the rear 4 feet or more

25  beyond the bed or body of such vehicle, there shall be

26  displayed at the extreme rear end of the load, at the times

27  specified in s. 316.217, two red lamps visible from a distance

28  of at least 500 feet to the rear, two red reflectors visible

29  at night from all distances within 600 feet to 100 feet to the

30  rear when directly in front of lawful lower beams of headlamps

31  and located so as to indicate maximum width, and on each side

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  1  one red lamp visible from a distance of at least 500 feet to

  2  the side and located so as to indicate maximum overhang.

  3  There shall be displayed at all other times on any vehicle

  4  having a load which extends beyond its sides or more than 4

  5  feet beyond its rear, red flags, not less than 12 inches

  6  square, marking the extremities of such load, at each point

  7  where a lamp would otherwise be required by this section. A

  8  violation of this section is a noncriminal traffic infraction,

  9  punishable as a nonmoving violation as provided in chapter

10  318.

11         (2)  Any motor vehicle or trailer, except as stated in

12  s. 316.515(7), transporting a load of logs, long pulpwood,

13  poles, or posts which extend more than 4 feet beyond the rear

14  of the body or bed of such vehicle must have securely fixed as

15  close as practical to the end of any such projection one amber

16  strobe-type lamp equipped with a multidirectional type lens so

17  mounted as to be visible from the rear and both sides of the

18  projecting load.  The strobe lamp must flash at a rate of at

19  least 60 flashes per minute and must be plainly visible from a

20  distance of at least 500 feet to the rear and sides of the

21  projecting load at any time of the day or night.  The lamp

22  must be operating at any time of the day or night when the

23  vehicle is operated on any highway or parked on the shoulder

24  or immediately adjacent to the traveled portion of any public

25  roadway.

26         Section 6.  Effective July 1, 2001, paragraph (a) of

27  subsection (1) of section 316.2954, Florida Statutes, is

28  amended, and paragraph (e) is added to said subsection, to

29  read:

30         316.2954  Windows behind the driver; restrictions on

31  sunscreening material.--

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  1         (1)  A person shall not operate any motor vehicle on

  2  any public highway, road, or street on which vehicle any

  3  windows behind the driver are composed of, covered by, or

  4  treated with any sunscreening material, or other product or

  5  material which has the effect of making the window

  6  nontransparent or which would alter the window's color,

  7  increase its reflectivity, or reduce its light transmittance,

  8  except as specified below:

  9         (a)  Sunscreening material consisting of film which,

10  when applied to and tested on the rear window glass of the

11  specific motor vehicle, has a total solar reflectance of

12  visible light of not more than 25 35 percent as measured on

13  the nonfilm side and a light transmittance of at least 28 15

14  percent in the visible light range; however, sunscreening

15  material which, when applied to and tested on the rear window

16  glass of the specific motor vehicle, has a total solar

17  reflectance of visible light of not more than 25 35 percent as

18  measured on the nonfilm side and a light transmittance of at

19  least 10 6 percent in the visible light range may be used on

20  multipurpose passenger vehicles and law enforcement vehicles.

21         (e)  This section shall apply to the windows of all

22  motor vehicles, multipurpose passenger vehicles, and law

23  enforcement vehicles manufactured on or after July 1, 2001.

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

25  traffic infraction, punishable as a nonmoving violation as

26  provided in chapter 318.

27         Section 7.  Section 316.29545, Florida Statutes, is

28  created to read:

29         316.29545  Window sunscreening exclusions; medical

30  exemption; certain law enforcement vehicles exempt.--

31

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  1         (1)  The department shall issue medical exemption

  2  certificates to persons who are afflicted with Lupus or

  3  similar medical conditions which require a limited exposure to

  4  light, which certificates shall entitle the person to whom the

  5  certificate is issued to have sunscreening material on the

  6  windshield, side windows, and windows behind the driver which

  7  is in violation of the requirements of ss. 316.2951-316.2957.

  8  The department shall provide, by rule, for the form of the

  9  medical certificate authorized by this section. At a minimum,

10  the medical exemption certificate shall include a vehicle

11  description with the make, model, year, vehicle identification

12  number, medical exemption decal number issued for the vehicle,

13  and the name of the person or persons who are the registered

14  owners of the vehicle. A medical exemption certificate shall

15  be nontransferable and shall become null and void upon the

16  sale or transfer of the vehicle identified on the certificate.

17         (2) The department shall exempt all law enforcement

18  vehicles used in undercover or canine operations from the

19  window sunscreening requirements of ss. 316.2951-316.2957.

20         (3)  The department may charge a fee in an amount

21  sufficient to defray the expenses of issuing a medical

22  exemption certificate as described in subsection (1).

23         Section 8.  Subsection (3) of section 316.2956, Florida

24  Statutes, is amended to read:

25         316.2956  Violation of provisions relating to

26  windshields, windows, and sunscreening material; penalties.--

27         (3)  Any person who sells or installs sunscreening

28  material in violation of any provision of ss.

29  316.2951-316.2955, except as allowed by s. 316.29545, is

30  guilty of a misdemeanor of the second degree, punishable as

31  provided in s. 775.082 or s. 775.083.

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  1         Section 9.  Subsection (1) and paragraph (a) of

  2  subsection (3) of section 316.515, Florida Statutes, are

  3  amended, and subsection (15) is added to said section, to

  4  read:

  5         316.515  Maximum width, height, length.--

  6         (1)  WIDTH LIMITATION.--The total outside width of any

  7  vehicle or the load thereon may not exceed 102 inches,

  8  exclusive of safety devices determined by the department to be

  9  necessary for the safe and efficient operation of motor

10  vehicles. The use of public roads that do not have at least

11  one through lane of 12 feet or more in width in each

12  direction, and the use of public roads deemed unsafe for wider

13  vehicles on the basis of safety and engineering analyses, by

14  vehicles exceeding 96 inches in width may be restricted by the

15  Department of Transportation or by local officials for streets

16  and roads under their respective jurisdictions. The total

17  outside width of a noncommercial travel trailer, camping

18  trailer, truck camper, motor home, or private motor coach as

19  defined in s. 320.01 may be more than 102 inches if:

20         (a)  The excess width is attributable to appurtenances

21  that do not extend beyond the exterior rearview mirrors

22  installed on the motor home by the manufacturer or the

23  exterior rearview mirrors of the tow vehicle; and

24         (b)  The exterior rearview mirrors only extend the

25  distance necessary to provide the appropriate field of view

26  for the vehicle before the appurtenances are attached.

27         (3)  LENGTH LIMITATION.--Except as otherwise provided

28  in this section, length limitations apply solely to a

29  semitrailer or trailer, and not to a truck tractor or to the

30  overall length of a combination of vehicles.  No combination

31  of commercial motor vehicles coupled together and operating on

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  1  the public roads may consist of more than one truck tractor

  2  and two trailing units. Unless otherwise specifically provided

  3  for in this section, a combination of vehicles not qualifying

  4  as commercial motor vehicles may consist of no more than two

  5  units coupled together; such nonqualifying combination of

  6  vehicles may not exceed a total length of 65 feet, inclusive

  7  of the load carried thereon, but exclusive of safety and

  8  energy conservation devices approved by the department for use

  9  on vehicles using public roads. Notwithstanding any other

10  provision of this section, a truck tractor-semitrailer

11  combination engaged in the transportation of automobiles or

12  boats may transport motor vehicles or boats on part of the

13  power unit; and, except as may otherwise be mandated under

14  federal law, an automobile or boat transporter semitrailer may

15  not exceed 50 feet in length, exclusive of the load; however,

16  the load may extend up to an additional 6 feet beyond the rear

17  of the trailer.  The 50-feet length limitation does not apply

18  to non-stinger-steered automobile or boat transporters that

19  are 65 feet or less in overall length, exclusive of the load

20  carried thereon, or to stinger-steered automobile or boat

21  transporters that are 75 feet or less in overall length,

22  exclusive of the load carried thereon. For purposes of this

23  subsection, a "stinger-steered automobile or boat transporter"

24  is an automobile or boat transporter configured as a

25  semitrailer combination wherein the fifth wheel is located on

26  a drop frame located behind and below the rearmost axle of the

27  power unit. Notwithstanding paragraphs (a) and (b), any

28  straight truck or truck tractor-semitrailer combination

29  engaged in the transportation of horticultural trees may allow

30  the load to extend up to an additional 10 feet beyond the rear

31  of the vehicle, provided said trees are resting against a

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  1  retaining bar mounted above the truck bed so that the root

  2  balls of the trees rest on the floor and to the front of the

  3  truck bed and the tops of the trees extend up over and to the

  4  rear of the truck bed, and provided the overhanging portion of

  5  the load is covered with protective fabric.

  6         (a)  Straight trucks.--No straight truck may exceed a

  7  length of 40 feet in extreme overall dimension, exclusive of

  8  safety and energy conservation devices approved by the

  9  department for use on vehicles using public roads. A straight

10  truck may tow no more than one trailer, and such trailer may

11  not exceed a length of 28 feet. However, such trailer

12  limitation does not apply if the overall length of the

13  truck-trailer combination is 65 feet or less, including the

14  load thereon. Notwithstanding any other provisions of this

15  section, a truck-trailer combination engaged in the

16  transportation of boats, or boat trailers whose design

17  dictates a front-to-rear stacking method shall not exceed the

18  length limitations of this paragraph exclusive of the load;

19  however, the load may extend up to an additional 6 feet beyond

20  the rear of the trailer.

21         (15)  MOTOR HOMES.--No motor home may exceed a length

22  of 45 feet exclusive of bumpers and safety devices.

23         Section 10.  Subsection (2) of section 316.530, Florida

24  Statutes, is amended to read:

25         316.530  Towing requirements.--

26         (2)  When a vehicle is towing a trailer or semitrailer

27  on a public road or highway by means of a trailer hitch to the

28  rear of the vehicle, there shall be attached in addition

29  thereto safety chains, cables, or other safety devices that

30  comply with 49 C.F.R. sub f 393.71(g)(2)(1) and 393.71(h)(10)

31  from the trailer or semitrailer to the vehicle.  These safety

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  1  chains, cables, or other safety devices shall be of sufficient

  2  strength to maintain connection of the trailer or semitrailer

  3  to the pulling vehicle under all conditions while the trailer

  4  or semitrailer is being towed by the vehicle.  The provisions

  5  of this subsection shall not apply to trailers or semitrailers

  6  using a hitch known as a fifth wheel nor to farm equipment

  7  traveling less than 20 miles per hour.

  8         Section 11.  Subsection (1) of section 316.605, Florida

  9  Statutes, is amended to read:

10         316.605  Licensing of vehicles.--

11         (1)  Every vehicle, at all times while driven, stopped,

12  or parked upon any highways, roads, or streets of this state,

13  shall be licensed in the name of the owner thereof in

14  accordance with the laws of this state unless such vehicle is

15  not required by the laws of this state to be licensed in this

16  state and shall, except as otherwise provided in s. 320.0706

17  for front-end registration license plates on truck tractors,

18  display the license plate or both of the license plates

19  assigned to it by the state, one on the rear and, if two, the

20  other on the front of the vehicle, each to be securely

21  fastened to the vehicle outside the main body of the vehicle

22  in such manner as to prevent the plates from swinging, with

23  all letters, numerals, printing, writing, and other

24  identification marks upon the plates clear and distinct and

25  free from defacement, mutilation, grease, and other obscuring

26  matter, so that they will be plainly visible and legible at

27  all times 100 feet from the rear or front. No object,

28  material, or covering that obscures any of the letters,

29  numerals, or other identification marks of a license plate

30  shall be placed, displayed, installed, affixed, or applied

31  upon the license plate. Nothing shall be placed upon the face

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  1  of a Florida plate except as permitted by law or by rule or

  2  regulation of a governmental agency.  No license plates other

  3  than those furnished by the state shall be used.  However, if

  4  the vehicle is not required to be licensed in this state, the

  5  license plates on such vehicle issued by another state, by a

  6  territory, possession, or district of the United States, or by

  7  a foreign country, substantially complying with the provisions

  8  hereof, shall be considered as complying with this chapter. A

  9  violation of this subsection is a noncriminal traffic

10  infraction, punishable as a nonmoving violation as provided in

11  chapter 318.

12         Section 12.  Subsection (4) of section 316.613, Florida

13  Statutes, is amended to read:

14         316.613  Child restraint requirements.--

15         (4)(a)  It is the legislative intent that all state,

16  county, and local law enforcement agencies, and safety

17  councils, in recognition of the problems with child death and

18  injury from unrestrained occupancy in motor vehicles, conduct

19  a continuing safety and public awareness campaign as to the

20  magnitude of the problem.

21         (b)  The department may authorize the expenditure of

22  funds for the purchase of promotional items as part of the

23  public information and education campaigns in carrying out the

24  directives of this subsection and ss. 316.614(7) and 322.025.

25         Section 13.  Subsections (1) and (2) of section

26  318.1451, Florida Statutes, are amended to read:

27         318.1451  Driver improvement schools.--

28         (1)(a)  The Department of Highway Safety and Motor

29  Vehicles shall approve the courses of all driver improvement

30  schools, as the courses relate to ss. 318.14(9), 322.0261,

31  322.095, and 322.291. The chief judge of the applicable

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  1  judicial circuit may establish requirements regarding the

  2  location of schools within the judicial circuit. A person may

  3  engage in the business of operating a driver improvement

  4  school that offers department-approved courses related to ss.

  5  318.14(9), 322.0261, 322.095, and 322.291.

  6         (b)  The Department of Highway Safety and Motor

  7  Vehicles shall approve and regulate courses that use

  8  technology as the delivery method of all driver improvement

  9  schools as the courses relate to ss. 318.14(9) and 322.0261.

10         (2)(a)  In determining whether to approve the courses

11  referenced in this section, the department shall consider

12  course content designed to promote safety, driver awareness,

13  crash avoidance techniques, and other factors or criteria to

14  improve driver performance from a safety viewpoint.

15         (b)  In determining whether to approve courses of

16  driver improvement schools that use technology as the delivery

17  method as the courses relate to ss. 318.14(9) and 322.0261,

18  the department shall consider only those courses submitted by

19  a person, business, or entity which have approval for

20  statewide delivery.

21         Section 14.  Subsection (4) is added to section 318.32,

22  Florida Statutes, to read:

23         318.32  Jurisdiction; limitations.--

24         (4)  Duly appointed traffic infraction hearing officers

25  may administer oaths in the performance of their duties as a

26  hearing officer.

27         Section 15.  Section 319.001, Florida Statutes, is

28  amended to read:

29         319.001  Definitions.--As used in this chapter, the

30  term:

31

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  1         (1)  "Department" means the Department of Highway

  2  Safety and Motor Vehicles.

  3         (2)  "Front-end assembly" means fenders, hood, grill,

  4  and bumper.

  5         (3)(2)  "Licensed dealer," unless otherwise

  6  specifically provided, means a motor vehicle dealer licensed

  7  under s. 320.27, a mobile home dealer licensed under s.

  8  320.77, or a recreational vehicle dealer licensed under s.

  9  320.771.

10         (4)  "Motorcycle body assembly" means frame, fenders,

11  and gas tanks.

12         (5)  "Motorcycle engine" means cylinder block, heads,

13  engine case, and crank case.

14         (6)  "Motorcycle transmission" means drive train.

15         (7)(3)  "New mobile home" means a mobile home the

16  equitable or legal title to which has never been transferred

17  by a manufacturer, distributor, importer, or dealer to an

18  ultimate purchaser.

19         (8)(4)  "New motor vehicle" means a motor vehicle the

20  equitable or legal title to which has never been transferred

21  by a manufacturer, distributor, importer, or dealer to an

22  ultimate purchaser; however, when legal title is not

23  transferred but possession of a motor vehicle is transferred

24  pursuant to a conditional sales contract or lease and the

25  conditions are not satisfied and the vehicle is returned to

26  the motor vehicle dealer, the motor vehicle may be resold by

27  the motor vehicle dealer as a new motor vehicle, provided the

28  selling motor vehicle dealer gives the following written

29  notice to the purchaser:  "THIS VEHICLE WAS DELIVERED TO A

30  PREVIOUS PURCHASER." The purchaser shall sign an

31

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  1  acknowledgement, a copy of which is kept in the selling

  2  dealer's file.

  3         (9)  "Rear body section" means both quarter panels,

  4  decklid, bumper, and floor pan.

  5         (10)(5)  "Satisfaction of lien" means full payment of a

  6  debt or release of a debtor from a lien by the lienholder.

  7         (11)(6)  "Used motor vehicle" means any motor vehicle

  8  that is not a "new motor vehicle" as defined in subsection

  9  (8)(4).

10         Section 16.  Section 319.14, Florida Statutes, is

11  amended to read:

12         319.14  Sale of motor vehicles registered or used as

13  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

14  and nonconforming vehicles.--

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

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

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

18  vehicle, or a vehicle that has been repurchased by a

19  manufacturer pursuant to a settlement, determination, or

20  decision under chapter 681, until the department has stamped

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

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

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

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

25  nonconforming vehicle. If the certificate of title or

26  duplicate was not so stamped upon initial issuance thereof or

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

28  the vehicle is changed to a use requiring the notation

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

30  vehicle shall surrender the certificate of title or duplicate

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

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  1  the department shall stamp the certificate or duplicate as

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

  3  manufacturer pursuant to a settlement, determination, or

  4  decision under chapter 681, the title shall be stamped

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

  6  nonconforming vehicle.

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

  8  exchange a rebuilt vehicle until the department has stamped in

  9  a conspicuous place on the certificate of title for the

10  vehicle words stating that the vehicle has been rebuilt, or

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

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

13  certificate of title for a vehicle that is rebuilt, or

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

15  kit, replica, or flood vehicle has been made to the department

16  in accordance with this chapter and the department has

17  conducted the physical examination of the vehicle to assure

18  the identity of the vehicle and all major component parts, as

19  defined in s. 319.30(1)(e), which have been repaired or

20  replaced. Thereafter, the department shall affix a decal to

21  the vehicle, in the manner prescribed by the department,

22  showing the vehicle to be rebuilt.

23         (c)  As used in this section:

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

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

26  law enforcement.

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

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

29  or more persons from time to time for a period of less than 12

30  months.

31

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

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

  3  person for a period of 12 months or longer.

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

  5  vehicles and long-term-lease vehicles.

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

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

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

  9  mobile home assembled from parts or combined from parts of

10  motor vehicles or mobile homes, new or used. "Assembled from

11  parts" does not mean a motor vehicle defined as a "rebuilt

12  vehicle" in subparagraph 3., which has been declared a total

13  loss pursuant to s. 319.30.

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

15  vehicles neither of which has been titled and branded as

16  "Salvage Unrebuildable."

17         5.6.  "Kit car" means a motor vehicle assembled with a

18  kit supplied by a manufacturer to rebuild a wrecked or

19  outdated motor vehicle with a new body kit.

20         6.7.  "Glider kit" means a vehicle assembled with a kit

21  supplied by a manufacturer to rebuild a wrecked or outdated

22  truck or truck tractor.

23         7.8.  "Replica" means a complete new motor vehicle

24  manufactured to look like an old vehicle.

25         8.9.  "Flood vehicle" means a motor vehicle or mobile

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

27  319.30(3)(a) resulting from damage caused by water.

28         9.10.  "Nonconforming vehicle" means a motor vehicle

29  which has been purchased by a manufacturer pursuant to a

30  settlement, determination, or decision under chapter 681.

31

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  1         10.11.  "Settlement" means an agreement entered into

  2  between a manufacturer and a consumer that occurs after a

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

  4  settlement procedure established by a manufacturer or is

  5  approved for arbitration before the New Motor Vehicle

  6  Arbitration Board as defined in s. 681.102.

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

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

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

10  disclosing in writing to the purchaser, customer, or

11  transferee the fact that the vehicle has previously been

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

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

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

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

16  as the case may be.

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

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

19  or intentionally advertises, publishes, disseminates,

20  circulates, or places before the public in any communications

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

22  exchange the vehicle shall clearly and precisely state in each

23  such offer that the vehicle has previously been titled,

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

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

26  a vehicle that is rebuilt, or assembled from parts, or

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

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

29  person who violates this subsection commits is guilty of a

30  misdemeanor of the second degree, punishable as provided in s.

31  775.082 or s. 775.083.

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  1         (4)  When a certificate of title, including a foreign

  2  certificate, is branded to reflect a condition or prior use of

  3  the titled vehicle, the brand must be noted on the

  4  registration certificate of the vehicle and such brand shall

  5  be carried forward on all subsequent certificates of title and

  6  registration certificates issued for the life of the vehicle.

  7         (5)  Any person who knowingly sells, exchanges, or

  8  offers to sell or exchange a motor vehicle or mobile home

  9  contrary to the provisions of this section or any officer,

10  agent, or employee of a person who knowingly authorizes,

11  directs, aids in, or consents to the sale, exchange, or offer

12  to sell or exchange a motor vehicle or mobile home contrary to

13  the provisions of this section commits is guilty of a

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

15  775.082 or s. 775.083.

16         (6)  Any person who removes a rebuilt decal from a

17  rebuilt vehicle with the intent to conceal the rebuilt status

18  of the vehicle commits a felony of the third degree,

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

20  775.084.

21         (7)(6)  This section applies to a mobile home, travel

22  trailer, camping trailer, truck camper, or fifth-wheel

23  recreation trailer only when such mobile home or vehicle is a

24  rebuilt vehicle or is assembled from parts.

25         (8)(7)  No person shall be liable or accountable in any

26  civil action arising out of a violation of this section if the

27  designation of the previous use or condition of the motor

28  vehicle is not noted on the certificate of title and

29  registration certificate of the vehicle which was received by,

30  or delivered to, such person, unless such person has actively

31

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  1  concealed the prior use or condition of the vehicle from the

  2  purchaser.

  3         (9)(8)  Subsections (1), (2), and (3) do not apply to

  4  the transfer of ownership of a motor vehicle after the motor

  5  vehicle has ceased to be used as a lease vehicle and the

  6  ownership has been transferred to an owner for private use or

  7  to the transfer of ownership of a nonconforming vehicle with

  8  36,000 or more miles on its odometer, or 34 months whichever

  9  is later and the ownership has been transferred to an owner

10  for private use. Such owner, as shown on the title

11  certificate, may request the department to issue a corrected

12  certificate of title that does not contain the statement of

13  the previous use of the vehicle as a lease vehicle or

14  condition as a nonconforming vehicle.

15         Section 17.  Subsections (2) and (4) of section 319.27,

16  Florida Statutes, are amended to read:

17         319.27  Notice of lien on motor vehicles or mobile

18  homes; notation on certificate; recording of lien.--

19         (2)  No lien for purchase money or as security for a

20  debt in the form of a security agreement, retain title

21  contract, conditional bill of sale, chattel mortgage, or other

22  similar instrument or any other lien, including a lien for

23  child support, upon a motor vehicle or mobile home upon which

24  a Florida certificate of title has been issued shall be

25  enforceable in any of the courts of this state against

26  creditors or subsequent purchasers for a valuable

27  consideration and without notice, unless a sworn notice of

28  such lien has been filed in the department and such lien has

29  been noted upon the certificate of title of the motor vehicle

30  or mobile home. Such notice shall be effective as constructive

31  notice when filed. No interest of a statutory nonpossessory

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  1  lienor; the interest of a nonpossessory execution, attachment,

  2  or equitable lienor; or the interest of a lien creditor as

  3  defined in s. 679.301(3), if nonpossessory, shall be

  4  enforceable against creditors or subsequent purchasers for a

  5  valuable consideration unless such interest becomes a

  6  possessory lien or is noted upon the certificate of title for

  7  the subject motor vehicle or mobile home prior to the

  8  occurrence of the subsequent transaction.  Provided the

  9  provisions of this subsection relating to a nonpossessory

10  statutory lienor; a nonpossessory execution, attachment, or

11  equitable lienor; or the interest of a lien creditor as

12  defined in s. 679.301(3) shall not apply to liens validly

13  perfected prior to October 1, 1988.  The notice of lien shall

14  provide the following information:

15         (a)  The date of the lien if a security agreement,

16  retain title contract, conditional bill of sale, chattel

17  mortgage, or other similar instrument was executed prior to

18  the filing of the notice of lien;

19         (b)  The name and address of the registered owner;

20         (c)  A description of the motor vehicle or mobile home,

21  showing the make, type, and vehicle identification number; and

22         (d)  The name and address of the lienholder.

23         (4)(a)  Notwithstanding the provisions of subsection

24  (2), any person holding a lien for purchase money or as

25  security for a debt in the form of a security agreement,

26  retain title contract, conditional bill of sale, chattel

27  mortgage, or other similar instrument covering a motor vehicle

28  or mobile home previously titled or registered outside this

29  state upon which no Florida certificate of title has been

30  issued may use the facilities of the department for the

31  recording of such lien as constructive notice of such lien to

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  1  creditors and purchasers of such motor vehicle or mobile home

  2  in this state provided such lienholder files a sworn notice of

  3  such lien in the department, showing the following

  4  information:

  5         1.  The date of the lien;

  6         2.  The name and address of the registered owner;

  7         3.  A description of the motor vehicle or mobile home,

  8  showing the make, type, and vehicle identification number; and

  9         4.  The name and address of the lienholder.

10

11  Upon the filing of such notice of lien and the payment of the

12  fee provided in s. 319.32, the lien shall be recorded in the

13  department.

14         (b)  When a Florida certificate of title is first

15  issued on a motor vehicle or mobile home previously titled or

16  registered outside this state, the department shall note on

17  the Florida certificate of title the following liens:

18         1.  Any lien shown on the application for Florida

19  certificate of title; and

20         2.  Any lien filed in the department in accordance with

21  paragraph (a); and

22         2.3.  Any lien shown on the existing certificate of

23  title issued by another state.

24         (b)(c)  When a Florida certificate of title has been

25  issued on a motor vehicle or mobile home previously titled or

26  registered outside this state, liens valid in and registered

27  under the law of the state wherein such liens were created are

28  not valid in this state unless filed and noted upon the

29  certificate of title under the provisions of this section.

30

31

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  1         Section 18.  Paragraphs (e) and (f) of subsection (1),

  2  paragraph (b) of subsection (3), and subsections (4) and (5)

  3  of section 319.30, Florida Statutes, are amended to read:

  4         319.30  Definitions; dismantling, destruction, change

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

  6         (1)  As used in this section, the term:

  7         (e)  "Major component parts" means:

  8         1.  For motor vehicles other than motorcycles, the

  9  front-end assembly, fenders, hood, grill, bumper, cowl

10  assembly, rear body section, both quarter panels, decklid,

11  bumper, floor pan, door assemblies, engine, frame,

12  transmission, dashboard, hard-top roof, sunroof, T-top,

13  airbag, wheels, windshield, and interior.

14         2.  For trucks, in addition to those parts listed in

15  subparagraph 1., the truck bed.

16         3.  For motorcycles, the body assembly, frame, fenders,

17  gas tanks, engine, cylinder block, heads, engine case, crank

18  case, transmission, drive train, front fork assembly, and

19  wheels.

20         4.  For mobile homes, the frame. the front-end assembly

21  (fenders, hood, grill, and bumper); cowl assembly; rear body

22  section (both quarter panels, decklid, bumper, and floor pan);

23  door assemblies; engine; frame; or transmission.

24         (f)  "Major part" means the front-end assembly,

25  (fenders, hood, grill, and bumper); cowl assembly,; or rear

26  body section (both quarter panels, decklid, bumper, and floor

27  pan).

28         (3)

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

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

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

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

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

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

  4  home shall obtain the certificate of title for the motor

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

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

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

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

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

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

11  salvage certificate of title, the owner or insurance company

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

13  repairing the physical and mechanical damage suffered by the

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

15  If the estimated costs of repairing the physical and

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

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

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

19  department shall declare the vehicle unrebuildable and print

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

21  unrebuildable; and, thereafter, the vehicle shall not be

22  rebuilt or sold in a rebuilt condition and the department

23  shall refuse issuance of any certificate of title for that

24  vehicle. Nothing in this subsection shall be applicable when a

25  vehicle is worth less than $1,500 retail in undamaged

26  condition in any official used motor vehicle guide or used

27  mobile home guide or when a stolen motor vehicle or mobile

28  home is recovered in substantially intact condition and is

29  readily resalable without extensive repairs to or replacement

30  of the frame or engine. Any person who willfully and

31  deliberately violates this paragraph or falsifies any document

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  1  to avoid the requirements of this paragraph commits a

  2  misdemeanor of the first degree, punishable as provided in s.

  3  775.082 or s. 775.083.

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

  5  her possession any motor vehicle or mobile home when the

  6  manufacturer's or state-assigned identification number plate

  7  or serial plate has been removed therefrom. However, nothing

  8  in this subsection shall be applicable when a vehicle defined

  9  in this section as a derelict or salvage was purchased or

10  acquired from a foreign state requiring such vehicle's

11  identification number plate to be surrendered to such state,

12  provided the person shall have an affidavit from the seller

13  describing the vehicle by manufacturer's serial number and the

14  state to which such vehicle's identification number plate was

15  surrendered.

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

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

18  away any certificate of title or manufacturer's or

19  state-assigned identification number plate or serial plate of

20  any motor vehicle, mobile home, or derelict that has been sold

21  as salvage contrary to the provisions of this section, and it

22  is unlawful for any person to authorize, direct, aid in, or

23  consent to the possession, sale, or exchange or to offer to

24  sell, exchange, or give away such certificate of title or

25  manufacturer's or state-assigned identification number plate

26  or serial plate.

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

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

29  away any manufacturer's or state-assigned identification

30  number plate or serial plate of any motor vehicle or mobile

31  home that has been removed from the motor vehicle or mobile

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  1  home for which it was manufactured, and it is unlawful for any

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

  3  possession, sale, or exchange or to offer to sell, exchange,

  4  or give away such manufacturer's or state-assigned

  5  identification number plate or serial plate.

  6         (c)  This chapter does not apply to anyone who removes,

  7  possesses, or replaces a manufacturer's or state-assigned

  8  identification number plate, in the course of performing

  9  repairs on a vehicle, that require such removal or

10  replacement.  If the repair requires replacement of a vehicle

11  part that contains the manufacturer's or state-assigned

12  identification number plate, the manufacturer's or

13  state-assigned identification number plate that is assigned to

14  the vehicle being repaired will be installed on the

15  replacement part. The manufacturer's or state-assigned

16  identification number plate that was removed from this

17  replacement part will be installed on the part that was

18  removed from the vehicle being repaired.

19         Section 19.  Subsection (5) and paragraph (b) of

20  subsection (7) of section 319.33, Florida Statutes, are

21  amended, and paragraph (c) is added to subsection (7) of said

22  section, to read:

23         319.33  Offenses involving vehicle identification

24  numbers, applications, certificates, papers; penalty.--

25         (5)  It is unlawful for any person, firm, or

26  corporation to knowingly possess, manufacture, sell or

27  exchange, offer to sell or exchange, supply in blank, or give

28  away any counterfeit manufacturer's or state-assigned

29  identification number plates or serial plates or any decal

30  used for the purpose of identification of any motor vehicle;

31  or for any officer, agent, or employee of any person, firm, or

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  1  corporation, or any person who shall authorize, direct, aid in

  2  exchange, or give away such counterfeit manufacturer's or

  3  state-assigned identification number plates or serial plates

  4  or any decal; or conspire to do any of the foregoing.

  5  However, nothing in this subsection shall be applicable to any

  6  approved replacement manufacturer's identification number

  7  plates or serial plates or any decal issued by the department

  8  or any state.

  9         (7)

10         (b)  If all numbers or other identifying marks

11  manufactured on a major component part on a mobile home or on

12  a motor vehicle, other than a motorcycle, have been altered,

13  defaced, destroyed, or otherwise removed for the purpose of

14  concealing the identity of the major component part, the part

15  shall constitute contraband and shall be subject to forfeiture

16  by a seizing law enforcement agency, pursuant to applicable

17  provisions of ss. 932.701-932.704.  Any major component part

18  forfeited under this subsection shall be destroyed or disposed

19  of in a manner so as to make it unusable.

20         (c)  If all numbers or other identifying marks

21  manufactured on a major component part of a motorcycle have

22  been altered, defaced, destroyed, or otherwise removed, there

23  shall be no property right in such major component part.  The

24  part shall be confiscated by a seizing law enforcement agency

25  as contraband and shall not, under any circumstances, be

26  released.  Any confiscated major component part shall be

27  retained until the seizing agency is advised by a prosecuting

28  officer with jurisdiction within the county in which the

29  confiscation occurred, that said part is no longer required as

30  evidence.  Thereafter, upon order of a court of competent

31  jurisdiction, any major component part confiscated under this

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  1  section shall be destroyed or disposed of in a manner so as to

  2  make it unusable.

  3         Section 20.  Paragraph (b) of subsection (1) of section

  4  320.01, Florida Statutes, is amended to read:

  5         320.01  Definitions, general.--As used in the Florida

  6  Statutes, except as otherwise provided, the term:

  7         (1)  "Motor vehicle" means:

  8         (b)  A recreational vehicle-type unit primarily

  9  designed as temporary living quarters for recreational,

10  camping, or travel use, which either has its own motive power

11  or is mounted on or drawn by another vehicle. Recreational

12  vehicle-type units, when traveling on the public roadways of

13  this state, must comply with the length and width provisions

14  of s. 316.515, as that section may hereafter be amended. As

15  defined below, the basic entities are:

16         1.  The "travel trailer," which is a vehicular portable

17  unit, mounted on wheels, of such a size or weight as not to

18  require special highway movement permits when drawn by a

19  motorized vehicle. It is primarily designed and constructed to

20  provide temporary living quarters for recreational, camping,

21  or travel use. It has a body width of no more than 8 1/2  feet

22  and an overall body length of no more than 40 feet when

23  factory-equipped for the road.

24         2.  The "camping trailer," which is a vehicular

25  portable unit mounted on wheels and constructed with

26  collapsible partial sidewalls which fold for towing by another

27  vehicle and unfold at the campsite to provide temporary living

28  quarters for recreational, camping, or travel use.

29         3.  The "truck camper," which is a truck equipped with

30  a portable unit designed to be loaded onto, or affixed to, the

31  bed or chassis of the truck and constructed to provide

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  1  temporary living quarters for recreational, camping, or travel

  2  use.

  3         4.  The "motor home," which is a vehicular unit which

  4  does not exceed 45 40 feet in length and the height and the

  5  width limitations provided in s. 316.515, is a self-propelled

  6  motor vehicle, and is primarily designed to provide temporary

  7  living quarters for recreational, camping, or travel use.

  8         5.  The "private motor coach," which is a vehicular

  9  unit which does not exceed the length, width, and height

10  limitations provided in s. 316.515(9), is built on a

11  self-propelled bus type chassis having no fewer than three

12  load-bearing axles, and is primarily designed to provide

13  temporary living quarters for recreational, camping, or travel

14  use.

15         6.  The "van conversion," which is a vehicular unit

16  which does not exceed the length and width limitations

17  provided in s. 316.515, is built on a self-propelled motor

18  vehicle chassis, and is designed for recreation, camping, and

19  travel use.

20         7.  The "park trailer," which is a transportable unit

21  which has a body width not exceeding 14 feet and which is

22  built on a single chassis and is designed to provide seasonal

23  or temporary living quarters when connected to utilities

24  necessary for operation of installed fixtures and appliances.

25  The total area of the unit in a setup mode, when measured from

26  the exterior surface of the exterior stud walls at the level

27  of maximum dimensions, not including any bay window, does not

28  exceed 400 square feet when constructed to ANSI A-119.5

29  standards, and 500 square feet when constructed to United

30  States Department of Housing and Urban Development Standards.

31  The length of a park trailer means the distance from the

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  1  exterior of the front of the body (nearest to the drawbar and

  2  coupling mechanism) to the exterior of the rear of the body

  3  (at the opposite end of the body), including any protrusions.

  4         8.  The "fifth-wheel trailer," which is a vehicular

  5  unit mounted on wheels, designed to provide temporary living

  6  quarters for recreational, camping, or travel use, of such

  7  size or weight as not to require a special highway movement

  8  permit, of gross trailer area not to exceed 400 square feet in

  9  the setup mode, and designed to be towed by a motorized

10  vehicle that contains a towing mechanism that is mounted above

11  or forward of the tow vehicle's rear axle.

12         Section 21.  Subsection (2) of section 320.031, Florida

13  Statutes, is amended to read:

14         320.031  Mailing of registration certificates, license

15  plates, and validation stickers.--

16         (2)  A mail service charge may be collected for each

17  registration certificate, license plate, mobile home sticker,

18  and validation sticker mailed by the department or any tax

19  collector. Each registration certificate, license plate,

20  mobile home sticker, and validation sticker shall be mailed by

21  first-class mail unless otherwise requested by the applicant.

22  The amount of the mail service charge shall be the actual

23  postage required, rounded to the nearest 5 cents, plus a

24  25-cent handling charge.  The mail service charge is in

25  addition to the service charge provided by s. 320.04. All

26  charges collected by the department, as prescribed in this

27  section, shall be paid into the Highway Safety Operating Trust

28  Fund.

29         Section 22.  Subsection (2) of section 320.04, Florida

30  Statutes, is amended to read:

31         320.04  Registration service charge.--

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  1         (2)  The service charges shall be collected by the

  2  department on all applications handled directly from its

  3  office; and the proceeds thereof, together with any fees

  4  returned to it by the tax collector, shall be paid into the

  5  Highway Safety Operating Trust Fund General Revenue Fund. No

  6  tax collector, deputy tax collector, or employee of the state

  7  or any county shall charge, collect, or receive any fee or

  8  compensation for services performed as notary public in

  9  connection with or incidental to the issuance of license

10  plates or titles. The provisions of this subsection and of s.

11  116.38(2) prohibiting the charging, collecting, or receiving

12  of notary public fees do not apply to any privately owned

13  license plate agency appointed by the county manager of a

14  charter county which has an appointed tax collector.

15         Section 23.  Subsection (5) of section 320.055, Florida

16  Statutes, is amended to read:

17         320.055  Registration periods; renewal periods.--The

18  following registration periods and renewal periods are

19  established:

20         (5)  For a vehicle subject to apportioned registration

21  under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the

22  registration period shall be a period of 12 months beginning

23  in a month designated by the department and ending on the last

24  day of the 12th month.  For a vehicle subject to this

25  registration period, the renewal period is the last month of

26  the registration period. The registration period may be

27  shortened or extended at the discretion of the department, on

28  receipt of the appropriate prorated fees, in order to evenly

29  distribute such registrations on a monthly basis. For vehicles

30  subject to registration other than apportioned under s.

31  320.08(4), (5)(a)1., (6)(b), or (14), the registration period

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  1  begins on December 1 of a year and ends November 30 of the

  2  following year. The renewal period is the 31-day period

  3  beginning December 1.

  4         Section 24.  Section 320.0605, Florida Statutes, is

  5  amended to read:

  6         320.0605  Certificate of registration; possession

  7  required; exception.--The registration certificate or an

  8  official copy thereof, a true copy of a rental or lease

  9  agreement issued for a motor vehicle or issued for a

10  replacement vehicle in the same registration period, a

11  temporary receipt printed upon self-initiated electronic

12  renewal of a registration via the Internet, or a cab card

13  issued for a vehicle registered under the International

14  Registration Plan shall, at all times while the vehicle is

15  being used or operated on the roads of this state, be in the

16  possession of the operator thereof or be carried in the

17  vehicle for which issued and shall be exhibited upon demand of

18  any authorized law enforcement officer or any agent of the

19  department. The provisions of this section do not apply during

20  the first 30 days after purchase of a replacement vehicle. A

21  violation of this section is a noncriminal traffic infraction,

22  punishable as a nonmoving violation as provided in chapter

23  318.

24         Section 25.  Paragraph (a) of subsection (4) of section

25  320.07, Florida Statutes, is amended to read:

26         320.07  Expiration of registration; annual renewal

27  required; penalties.--

28         (4)(a)  In addition to a penalty provided in subsection

29  (3), a delinquent fee based on the following schedule of

30  license taxes shall be imposed on any applicant who fails to

31  renew a registration prior to the end of the month in which

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  1  renewal registration is due.  The delinquent fee shall be

  2  applied beginning at 12:01 a.m. on the day immediately

  3  following the expiration of the registration period on the

  4  11th calendar day of the month succeeding the renewal period.

  5  The delinquent fee shall not apply to those vehicles which

  6  have not been required to be registered during the preceding

  7  registration period or as provided in s. 320.18(2).  The

  8  delinquent fee shall be imposed as follows:

  9         1.  License tax of $5 but not more than $25:  $5 flat.

10         2.  License tax over $25 but not more than $50:  $10

11  flat.

12         3.  License tax over $50 but not more than $100:  $15

13  flat.

14         4.  License tax over $100 but not more than $400: $50

15  flat.

16         5.  License tax over $400 but not more than $600:  $100

17  flat.

18         6.  License tax over $600 and up: $250 flat.

19         Section 26.  Subsection (6) of section 320.0805,

20  Florida Statutes, is amended to read:

21         320.0805  Personalized prestige license plates.--

22         (6)  A personalized prestige license plate shall be

23  issued for the exclusive continuing use of the applicant.  An

24  exact duplicate of any plate may not be issued to any other

25  applicant during the same registration period. An exact

26  duplicate may not be issued for any succeeding year unless the

27  previous owner of a specific plate relinquishes it by failure

28  to apply for renewal within 1 year of expiration of the

29  registration period or reissuance for three consecutive annual

30  registration periods following the original year of issuance.

31

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  1         Section 27.  Subsections (19) and (29) of section

  2  320.08058, Florida Statutes, are amended to read:

  3         320.08058  Specialty license plates.--

  4         (19)  SEA TURTLE LICENSE PLATES.--

  5         (a)  The department shall develop a Sea Turtle license

  6  plate as provided in this section. The word "Florida" must

  7  appear at the top of the plate, the words "Helping Sea Turtles

  8  Survive" must appear at the bottom of the plate, and the image

  9  of a sea turtle must appear in the center of the plate.

10         (b)  The annual use fees shall be deposited in the

11  Marine Resources Conservation Trust Fund in the Fish and

12  Wildlife Conservation Commission. The first $500,000 in annual

13  revenue shall be used by the Florida Marine Turtle Protection

14  Program to conduct sea turtle protection, research, and

15  recovery programs. Additional annual use proceeds, up to an

16  amount not exceeding 30 percent of the total annual use

17  proceeds, shall be disbursed annually through the marine

18  turtle grants program as provided in s. 370.12(1)(h). The

19  remaining annual use proceeds shall be used by the commission

20  for sea turtle conservation activities, except that up to 30

21  percent of the remaining annual use fee proceeds shall be

22  annually disbursed through the marine turtle grants program as

23  provided in s. 370.12(1)(h).

24         (29)  UNITED STATES MARINE CORPS LICENSE PLATES.--

25         (a)  The department shall develop a United States

26  Marine Corps license plate as provided in this section. The

27  word "Florida" must appear at the top center of the plate, and

28  the words "Marine Corps First to Fight" must appear at the

29  bottom center of the plate. The United States Marine Corps

30  logo, 3 inches in diameter, must appear on the left side

31  centered top to bottom of the plate in proper colors.

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  1         (b)  The department shall distribute the United States

  2  Marine Corps license plate annual use fees in the following

  3  manner:

  4         1.  The first $50,000 collected annually shall be

  5  deposited in the State Homes for Veterans Trust Fund and must

  6  be used solely for the purpose of constructing, operating, and

  7  maintaining domiciliary and nursing homes for veterans subject

  8  to the requirements of chapter 216.

  9         2.  Any additional fees collected annually shall be

10  deposited in the Marine Corps Scholarship Foundation, Inc.,

11  successor to the USMC USMV Tag/Scholarship Fund, Inc., which

12  shall use the fees to fund scholarships and assist Marine

13  Corps Junior ROTC and Young Marine programs of this state. The

14  foundation shall develop a plan to distribute the funds to

15  recipients nominated by residents of the state to receive

16  scholarships, and to the Marine Corps Junior ROTC programs in

17  the state.

18         Section 28.  Subsection (1) of section 320.083, Florida

19  Statutes, is amended to read:

20         320.083  Amateur radio operators; special license

21  plates; fees.--

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

23  automobile or a truck for private use, a truck weighing not

24  more than 5,000 pounds, or a recreational vehicle as specified

25  in s. 320.08(9)(c) or (d), which is not used for hire or

26  commercial use; who is a resident of the state; and who holds

27  a valid official amateur radio station license issued by the

28  Federal Communications Commission shall be issued a special

29  license plate upon application, accompanied by proof of

30  ownership of such radio station license, and payment of the

31  following tax and fees:

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

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

  3  (c), (d), (e), or (f), or (9); and

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

  5  fee of $1.50 thereafter.

  6         Section 29.  Subsections (2) and (3) of section

  7  320.089, Florida Statutes, are amended to read:

  8         320.089  Members of National Guard and active United

  9  States Armed Forces reservists; former prisoners of war;

10  survivors of Pearl Harbor; Purple Heart medal recipients;

11  special license plates; fee.--

12         (2)  Each owner or lessee of an automobile or a truck

13  for private use, truck weighing not more than 5,000 pounds, or

14  a recreational vehicle as specified in s. 320.08(9)(c) or (d),

15  which is not used for hire or commercial use, who is a

16  resident of the state and who is a former prisoner of war, or

17  their unremarried surviving spouse, shall, upon application

18  therefor to the department, be issued a license plate as

19  provided in s. 320.06, on which license plate are stamped the

20  words "Ex-POW" followed by the serial number. Each application

21  shall be accompanied by proof that the applicant meets the

22  qualifications specified in paragraph (a) or paragraph (b).

23         (a)  A citizen of the United States who served as a

24  member of the Armed Forces of the United States or the armed

25  forces of a nation allied with the United States who was held

26  as a prisoner of war at such time as the Armed Forces of the

27  United States were engaged in combat, or their unremarried

28  surviving spouse, may be issued the special license plate

29  provided for in this subsection without payment of the license

30  tax imposed by s. 320.08.

31

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  1         (b)  A person who was serving as a civilian with the

  2  consent of the United States Government, or a person who was a

  3  member of the Armed Forces of the United States who was not a

  4  United States citizen and was held as a prisoner of war when

  5  the Armed Forces of the United States were engaged in combat,

  6  or their unremarried surviving spouse, may be issued the

  7  special license plate provided for in this subsection upon

  8  payment of the license tax imposed by s. 320.08.

  9         (3)  Each owner or lessee of an automobile or a truck

10  for private use, truck weighing not more than 5,000 pounds, or

11  a recreational vehicle as specified in s. 320.08(9)(c) or (d),

12  which is not used for hire or commercial use, who is a

13  resident of this state and who is the unremarried surviving

14  spouse of a recipient of the Purple Heart medal shall, upon

15  application therefor to the department, with the payment of

16  the required fees, be issued a license plate as provided in s.

17  320.06, on which license plate are stamped the words "Purple

18  Heart" and the likeness of the Purple Heart medal followed by

19  the serial number.  Each application shall be accompanied by

20  proof that the applicant is the unremarried surviving spouse

21  of a recipient of the Purple Heart medal.

22         Section 30.  Subsection (1) of section 320.18, Florida

23  Statutes, is amended to read:

24         320.18  Withholding registration.--

25         (1)  The department may withhold the registration of

26  any motor vehicle or mobile home the owner of which has failed

27  to register it under the provisions of law for any previous

28  period or periods for which it appears registration should

29  have been made in this state, until the tax for such period or

30  periods is paid. The department may cancel any license plate

31  or fuel-use tax decal if the owner pays for the license plate,

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  1  fuel-use tax decal, or any tax liability, penalty, or interest

  2  specified in chapter 207 by a dishonored check. The department

  3  may cancel all other motor vehicle registrations and the

  4  driver license of any person who pays for a license plate,

  5  fuel-use tax decal, or any tax liability, penalty, or interest

  6  specified in chapter 207 by a dishonored check, said

  7  cancellations to continue until the registration fee and

  8  service charges or tax liability, as the case may be, and all

  9  applicable penalties, service charges, and reinstatement fees

10  have been paid for in certified funds. The Department of

11  Transportation and the Department of Highway Safety and Motor

12  Vehicles may impound any commercial motor vehicle that has a

13  canceled license plate or fuel-use tax decal until the tax

14  liability, penalty, and interest specified in chapter 207, the

15  license tax, or the fuel-use decal fee, and applicable

16  administrative fees have been paid for by certified funds.

17         Section 31.  Subsections (5) and (7) of section 320.27,

18  Florida Statutes, are amended to read:

19         320.27  Motor vehicle dealers.--

20         (5)  SUPPLEMENTAL LICENSE.--Any person licensed

21  hereunder shall obtain a supplemental license for each

22  permanent additional place or places of business not

23  contiguous to the premises for which the original license is

24  issued, on a form to be furnished by the department, and upon

25  payment of a fee of $50 for each such additional location.

26  Upon making renewal applications for such supplemental

27  licenses, such applicant shall pay $50 for each additional

28  location. A supplemental license authorizing off-premises

29  sales shall be issued, at no charge to the dealer, for a

30  period not to exceed 10 consecutive calendar days. To obtain

31  such a temporary supplemental license for off-premises sales,

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  1  the applicant must be a licensed dealer; must notify the

  2  applicable local department office of the specific dates and

  3  location for which such license is requested, display a sign

  4  at the licensed location clearly identifying the dealer, and

  5  provide staff to work at the temporary location for the

  6  duration of the off-premises sale; must meet any local

  7  government permitting requirements; and must have permission

  8  of the property owner to sell at that location. In the case of

  9  an off-premises sale by a motor vehicle dealer licensed under

10  s. 320.27(1)(c)1. for the sale of new motor vehicles, the

11  applicant must also include documentation notifying the

12  applicable licensee licensed under s. 320.61 of the intent to

13  engage in an off-premises sale 5 working days prior to the

14  date of the off-premises sale. The licensee shall either

15  approve or disapprove of the off-premises sale within 2

16  working days after receiving notice; otherwise, it will be

17  deemed approved. This section does not apply to a nonselling

18  motor vehicle show or public display of new motor vehicles.

19         (7)  CERTIFICATE OF TITLE REQUIRED.--For each used

20  motor vehicle in the possession of a licensee and offered for

21  sale by him or her, the licensee either shall have in his or

22  her possession a duly assigned certificate of title from the

23  owner in accordance with the provisions of chapter 319, from

24  the time when the motor vehicle is delivered to the licensee

25  and offered for sale by him or her until it has been disposed

26  of by the licensee, or shall have reasonable indicia of

27  ownership or right of possession, or shall have made proper

28  application for a certificate of title or duplicate

29  certificate of title in accordance with the provisions of

30  chapter 319.  A motor vehicle dealer may not sell or offer for

31  sale a vehicle in his or her possession unless the dealer

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  1  satisfies the requirements of this subsection. Reasonable

  2  indicia of ownership shall include a duly assigned certificate

  3  of title; in the case of a new motor vehicle, a manufacturer's

  4  certificate of origin issued to or reassigned to the dealer; a

  5  consignment contract between the owner and the dealer along

  6  with a secure power of attorney from the owner to the dealer

  7  authorizing the dealer to apply for a duplicate certificate of

  8  title and assign the title on behalf of the owner; a court

  9  order awarding title to the vehicle to the dealer; a salvage

10  certificate of title; a photocopy of a duly assigned

11  certificate of title being held by a financial institution as

12  collateral for a business loan of money to the dealer ("floor

13  plan"); a copy of a canceled check or other documentation

14  evidencing that an outstanding lien on a vehicle taken in

15  trade by a licensed dealer has been satisfied and that the

16  certificate of title will be, but has not yet been, received

17  by the dealer; a vehicle purchase order or installment

18  contract for a specific vehicle identifying that vehicle as a

19  trade-in on a replacement vehicle; or a duly executed odometer

20  disclosure statement as required by Title IV of the Motor

21  Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.

22  92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.

23  100-561) and by Part 580, Title 49, Code of Federal

24  Regulations, bearing the signatures of the titled owners of a

25  traded-in vehicle.

26         Section 32.  Subsection (10) of section 320.60, Florida

27  Statutes, is amended to read:

28         320.60  Definitions for ss. 320.61-320.70.--Whenever

29  used in ss. 320.61-320.70, unless the context otherwise

30  requires, the following words and terms have the following

31  meanings:

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  1         (10)  "Motor vehicle" means any new automobile,

  2  motorcycle, or truck the equitable or legal title to which has

  3  never been transferred by a manufacturer, distributor,

  4  importer, or dealer to an ultimate purchaser; however, when

  5  legal title is not transferred but possession of a motor

  6  vehicle is transferred pursuant to a conditional sales

  7  contract or lease and the conditions are not satisfied and the

  8  vehicle is returned to the motor vehicle dealer, the motor

  9  vehicle may be resold by the motor vehicle dealer as a new

10  motor vehicle, provided the selling motor vehicle dealer gives

11  the following written notice to the purchaser, "THIS VEHICLE

12  WAS DELIVERED TO A PREVIOUS PURCHASER." The purchaser shall

13  sign an acknowledgement, a copy of which is kept in the

14  selling dealer's file.

15         Section 33.  Subsection (7) of section 320.77, Florida

16  Statutes, is amended to read:

17         320.77  License required of mobile home dealers.--

18         (7)  SUPPLEMENTAL LICENSE.--Any person licensed

19  pursuant to this section shall be entitled to operate one or

20  more additional places of business under a supplemental

21  license for each such business if the ownership of each

22  business is identical to that of the principal business for

23  which the original license is issued. Each supplemental

24  license shall run concurrently with the original license and

25  shall be issued upon application by the licensee on a form to

26  be furnished by the department and payment of a fee of $50 for

27  each such license.  Only one licensed dealer shall operate at

28  the same place of business.  A supplemental license

29  authorizing off-premises sales shall be issued, at no charge

30  to the dealer, for a period not to exceed 10 consecutive

31  calendar days. To obtain such a temporary supplemental license

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  1  for off-premises sales, the applicant must be a licensed

  2  dealer; must notify the applicable local department office of

  3  the specific dates and location for which such license is

  4  requested, display a sign at the licensed location clearly

  5  identifying the dealer, and provide staff to work at the

  6  temporary location for the duration of the off-premises sale;

  7  must meet any local government permitting requirements; and

  8  must have permission of the property owner to sell at that

  9  location.

10         Section 34.  Subsection (7) of section 320.771, Florida

11  Statutes, is amended to read:

12         320.771  License required of recreational vehicle

13  dealers.--

14         (7)  SUPPLEMENTAL LICENSE.--Any person licensed

15  pursuant to this section shall be entitled to operate one or

16  more additional places of business under a supplemental

17  license for each such business if the ownership of each

18  business is identical to that of the principal business for

19  which the original license is issued.  Each supplemental

20  license shall run concurrently with the original license and

21  shall be issued upon application by the licensee on a form to

22  be furnished by the department and payment of a fee of $50 for

23  each such license.  Only one licensed dealer shall operate at

24  the same place of business.  A supplemental license

25  authorizing off-premises sales shall be issued, at no charge

26  to the dealer, for a period not to exceed 10 consecutive

27  calendar days. To obtain such a temporary supplemental license

28  for off-premises sales, the applicant must be a licensed

29  dealer; must notify the applicable local department office of

30  the specific dates and locations for which such license is

31  requested, display a sign at the licensed location clearly

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  1  identifying the dealer, and provide staff to work at the

  2  temporary location for the entire duration of the off-premises

  3  sale; must meet any local government permitting requirements;

  4  and must have permission of the property owner to sell at that

  5  location.

  6         Section 35.  Subsection (26) of section 322.01, Florida

  7  Statutes, is amended to read:

  8         322.01  Definitions.--As used in this chapter:

  9         (26)  "Motor vehicle" means any self-propelled vehicle,

10  including a motor vehicle combination, not operated upon rails

11  or guideway, excluding vehicles moved solely by human power,

12  motorized wheelchairs, gopeds, and motorized bicycles as

13  defined in s. 316.003.

14         Section 36.  Section 322.025, Florida Statutes, is

15  amended to read:

16         322.025  Driver improvement.--The department may

17  implement programs to improve the driving ability of the

18  drivers of this state.  Such programs may include, but shall

19  not be limited to, safety awareness campaigns, driver

20  training, and licensing improvement.  Motorcycle driver

21  improvement programs implemented pursuant to this section or

22  s. 322.0255 shall be funded by the motorcycle safety education

23  fee collected pursuant to s. 320.08(1)(c) (d), which shall be

24  deposited in the Highway Safety Operating Trust Fund of the

25  department and appropriated for that purpose.

26         Section 37.  Paragraph (a) of subsection (1) of section

27  322.051, Florida Statutes, is amended to read:

28         322.051  Identification cards.--

29         (1)  Any person who is 12 years of age or older, or any

30  person who has a disability, regardless of age, who applies

31  for a disabled parking permit under s. 320.0848, may be issued

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  1  an identification card by the department upon completion of an

  2  application and payment of an application fee.

  3         (a)  Each such application shall include the following

  4  information regarding the applicant:

  5         1.  Full name (first, middle or maiden, and last),

  6  gender, social security card number, residence and mailing

  7  address, and a brief description.

  8         2.  Proof of birth date satisfactory to the department.

  9         3.  Proof of identity satisfactory to the department.

10  Such proof shall include one of the following, unless a driver

11  license record or identification card record has already been

12  established, including one of the following: a certified copy

13  of a United States birth certificate, a valid United States

14  passport, an alien registration receipt card (green card), an

15  employment authorization card issued by the United States

16  Department of Justice, or proof of nonimmigrant classification

17  provided by the United States Department of Justice, for an

18  original identification card.

19         Section 38.  Paragraph (c) of subsection (2) of section

20  322.08, Florida Statutes, is amended to read:

21         322.08  Application for license.--

22         (2)  Each such application shall include the following

23  information regarding the applicant:

24         (c)  Proof of identity satisfactory to the department.

25  Such proof shall include one of the following, unless a driver

26  license record or identification card record has already been

27  established, including one of the following: a certified copy

28  of a United States birth certificate, a valid United States

29  passport, an alien registration receipt card (green card), an

30  employment authorization card issued by the United States

31  Department of Justice, or proof of nonimmigrant classification

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  1  provided by the United States Department of Justice, for an

  2  original license.

  3         Section 39.  Paragraph (a) of subsection (1) of section

  4  322.161, Florida Statutes, is amended to read:

  5         322.161  High-risk drivers; restricted licenses.--

  6         (1)(a)  Notwithstanding any provision of law to the

  7  contrary, the department shall restrict the driving privilege

  8  of any Class D or Class E licensee who is age 15 through 17

  9  and who has accumulated five four or more points pursuant to

10  s. 318.14, excluding parking violations, within a 12-month

11  period.

12         Section 40.  Subsection (1) of section 322.22, Florida

13  Statutes, is amended to read:

14         322.22  Authority of department to cancel license.--

15         (1)  The department is authorized to cancel any

16  driver's license, upon determining that the licensee was not

17  entitled to the issuance thereof, or that the licensee failed

18  to give the required or correct information in his or her

19  application or committed any fraud in making such application,

20  or that the licensee has two or more licenses on file with the

21  department, each in a different name but bearing the

22  photograph of the licensee, unless the licensee has complied

23  with the requirements of this chapter in obtaining the

24  licenses. The department may cancel any driver's license if

25  the licensee fails to pay the correct fee or pays for the

26  license or pays any administrative, delinquency, or

27  reinstatement fee by a dishonored check. The department may

28  cancel all motor vehicle registrations of any person who pays

29  any administrative, delinquency, or reinstatement fee by a

30  dishonored check, said cancellations to continue until the

31  administrative, delinquency, or reinstatement fees, as the

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  1  case may be, and all applicable penalties, service charges,

  2  and reinstatement fees have been paid for in certified funds.

  3         Section 41.  Paragraph (a) of subsection (2) of section

  4  322.271, Florida Statutes, is amended to read:

  5         322.271  Authority to modify revocation, cancellation,

  6  or suspension order.--

  7         (2)(a)  Upon such hearing, the person whose license has

  8  been suspended, canceled, or revoked may show that such

  9  suspension, cancellation, or revocation of his or her license

10  causes a serious hardship and precludes the person's carrying

11  out his or her normal business occupation, trade, or

12  employment and that the use of the person's license in the

13  normal course of his or her business is necessary to the

14  proper support of the person or his or her family.  Except as

15  otherwise provided in this subsection, the department shall

16  require proof of the successful completion of the applicable

17  department-approved driver training course operating pursuant

18  to s. 318.1451 or DUI program substance abuse education course

19  and evaluation as provided in s. 316.193(5). Letters of

20  recommendation from respected business persons in the

21  community, law enforcement officers, or judicial officers may

22  also be required to determine whether such person should be

23  permitted to operate a motor vehicle on a restricted basis for

24  business or employment use only and in determining whether

25  such person can be trusted to so operate a motor vehicle. If a

26  driver's license has been suspended under the point system or

27  pursuant to s. 322.2615, the department shall require proof of

28  enrollment in the applicable department-approved driver

29  training course or licensed DUI program substance abuse

30  education course, including evaluation and treatment, if

31  referred, and may require letters of recommendation described

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  1  in this subsection to determine if the driver should be

  2  reinstated on a restricted basis. A person whose license was

  3  suspended pursuant to s. 322.2616 shall, before the driving

  4  privilege may be reinstated, present to the department proof

  5  of current enrollment in a department-approved basic driver

  6  improvement or traffic law and substance abuse education

  7  course. If such person fails to complete the approved course

  8  within 90 days after reinstatement or subsequently fails to

  9  complete treatment, if applicable, the department shall cancel

10  his or her driver's license until the course and treatment, if

11  applicable, is successfully completed, notwithstanding the

12  terms of the court order or any suspension or revocation of

13  the driving privilege. The department may temporarily

14  reinstate the driving privilege on a restricted basis upon

15  verification from the DUI program that the offender has

16  reentered and is currently participating in treatment and has

17  completed the DUI education course and evaluation requirement.

18  If the DUI program notifies the department of the second

19  failure to complete treatment, the department shall reinstate

20  the driving privilege only after notice of completion of

21  treatment from the DUI program.  The privilege of driving on a

22  limited or restricted basis for business or employment use

23  shall not be granted to a person who has been convicted of a

24  violation of s. 316.193 until completion of the DUI program

25  substance abuse education course and evaluations as provided

26  in s. 316.193(5). Except as provided in paragraph (b), the

27  privilege of driving on a limited or restricted basis for

28  business or employment use shall not be granted to a person

29  whose license is revoked pursuant to s. 322.28 or suspended

30  pursuant to s. 322.2615 and who has been convicted of a

31  violation of s. 316.193 two or more times or whose license has

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  1  been suspended two or more times for refusal to submit to a

  2  test pursuant to s. 322.2615 or former s. 322.261.

  3         Section 42.  Subsection (3) of section 328.48, Florida

  4  Statutes, is amended to read:

  5         328.48  Vessel registration, application, certificate,

  6  number, decal, duplicate certificate.--

  7         (3)  The Department of Highway Safety and Motor

  8  Vehicles shall issue certificates of registration and numbers

  9  for city, county, and state-owned vessels, charging only the

10  service fees required in s. 328.72(7) and (8) s. 327.25(7) and

11  (8), provided the vessels are used for purposes other than

12  recreation.

13         Section 43.  Paragraph (c) of subsection (2) of section

14  328.72, Florida Statutes, is amended to read:

15         328.72  Classification; registration; fees and charges;

16  surcharge; disposition of fees; fines; marine turtle

17  stickers.--

18         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

19         (c)  The Department of Highway Safety and Motor

20  Vehicles may issue a decal identifying the vessel as an

21  antique vessel. The decal shall be displayed as provided in s.

22  328.48 ss. 327.11 and 327.14.

23         Section 44.  Subsection (3) of section 328.73, Florida

24  Statutes, is amended to read:

25         328.73  Registration; duties of tax collectors.--

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

27  the fees required under s. 328.72 s. 327.25 on every vessel

28  decal registration sold to cover the cost of the Florida Real

29  Time Vehicle Information System. The fees collected under this

30  section shall be deposited into the Highway Safety Operating

31

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  1  Trust Fund and shall be used to fund that system and may be

  2  used to fund the general operations of the department.

  3         Section 45.  Subsection (2) of section 328.735, Florida

  4  Statutes, is amended to read:

  5         328.735  Advanced registration renewal; procedures.--

  6         (2)  Upon the filing of the application and payment of

  7  the appropriate vessel registration fee and service charges

  8  required by s. 328.72 s. 327.25 and any additional fees

  9  required by law, the department or its agents shall issue to

10  the owner of the vessel a decal and registration. When the

11  decal is affixed to the vessel, the registration is renewed

12  for the appropriate registration period.

13         Section 46.  Subsections (1), (3), and (8) of section

14  713.585, Florida Statutes, are amended, and subsection (14) is

15  added to said section, to read:

16         713.585  Enforcement of lien by sale of motor

17  vehicle.--A person claiming a lien under s. 713.58 for

18  performing labor or services on a motor vehicle may enforce

19  such lien by sale of the vehicle in accordance with the

20  following procedures:

21         (1)  The lienor must give notice, by certified mail,

22  return receipt requested, within 15 business days, excluding

23  Saturday and Sunday, from the beginning date of the assessment

24  of storage charges on said motor vehicle, to the registered

25  owner of the vehicle, to the customer at the address as

26  indicated on the order for repair, and to all other persons

27  claiming an interest in or lien thereon, as disclosed by the

28  records of the Department of Highway Safety and Motor Vehicles

29  or of a corresponding agency of any other state in which the

30  vehicle appears registered. Notice shall also be sent to the

31  registered owner at the most current known address even if

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  1  different from that disclosed by the records of the Department

  2  of Highway Safety and Motor Vehicles or of a corresponding

  3  agency of any other state in which the vehicle is registered.

  4  Such notice must contain:

  5         (a)  A description of the vehicle (year, make, vehicle

  6  identification number) and its location.

  7         (b)  The name and address of the owner of the vehicle,

  8  the customer as indicated on the order for repair, and any

  9  person claiming an interest in or lien thereon.

10         (c)  The name, address, and telephone number of the

11  lienor.

12         (d)  Notice that the lienor claims a lien on the

13  vehicle for labor and services performed and storage charges,

14  if any, and the cash sum which, if paid to the lienor, would

15  be sufficient to redeem the vehicle from the lien claimed by

16  the lienor.

17         (e)  Notice that the lien claimed by the lienor is

18  subject to enforcement pursuant to this section and that the

19  vehicle may be sold to satisfy the lien.

20         (f)  If known, the date, time, and location of any

21  proposed or scheduled sale of the vehicle. No vehicle may be

22  sold earlier than 60 days after completion of the repair work.

23         (g)  Notice that the owner of the vehicle or any person

24  claiming an interest in or lien thereon has a right to a

25  hearing at any time prior to the scheduled date of sale by

26  filing a demand for hearing with the clerk of the circuit

27  court in the county in which the vehicle is held and mailing

28  copies of the demand for hearing to all other owners and

29  lienors as reflected on the notice.

30         (h)  Notice that the owner of the vehicle has a right

31  to recover possession of the vehicle without instituting

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  1  judicial proceedings by posting bond in accordance with the

  2  provisions of s. 559.917.

  3         (i)  Notice that any proceeds from the sale of the

  4  vehicle remaining after payment of the amount claimed to be

  5  due and owing to the lienor will be deposited with the clerk

  6  of the circuit court for disposition upon court order pursuant

  7  to subsection (8).

  8         (3)  If the date of the sale was not included in the

  9  notice required in subsection (1), notice of the sale must be

10  sent by certified mail, return receipt requested, not less

11  than 15 days before the date of sale, to the customer as

12  indicated on the order for repair, and to all other persons

13  claiming an interest in or lien on the motor vehicle, as

14  disclosed by the records of the Department of Highway Safety

15  and Motor Vehicles or of a corresponding agency of any other

16  state in which the vehicle appears to have been registered or

17  at the most current known address, even if different from that

18  disclosed by the records of the Department of Highway Safety

19  and Motor Vehicles, or of a corresponding agency of any other

20  state in which the vehicle is registered. After diligent

21  search and inquiry, if the name and address of the registered

22  owner or the owner of the recorded lien cannot be ascertained,

23  the requirements for this notice may be disregarded.

24         (8)  A vehicle subject to lien enforcement pursuant to

25  this section must be sold by the lienor at public sale. The

26  sale shall be held in the county in which the notice of sale

27  is published and in which the vehicle is held. The vehicle

28  shall be physically present for inspection at the time of the

29  public sale.  Immediately upon the sale of the vehicle and

30  payment in cash of the purchase price, the lienor shall

31  deposit with the clerk of the circuit court the proceeds of

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  1  the sale less the amount claimed by the lienor for work done

  2  and storage, if any, and all reasonable costs and expenses

  3  incurred in conducting the sale, including any attorney's fees

  4  and costs ordered by the court. Simultaneously with depositing

  5  the proceeds of sale remaining after payment to the lienor,

  6  the lienor shall file with the clerk a verified report of the

  7  sale stating a description of the vehicle sold, including the

  8  vehicle identification number; the name and address of the

  9  purchaser; the date of the sale; and the selling price. The

10  report shall also itemize the amount retained by the lienor

11  pursuant to this section and shall indicate whether a hearing

12  was demanded and held. All proceeds held by the court shall be

13  held for the benefit of the owner of the vehicle or any

14  lienholder whose lien is discharged by the sale and shall be

15  disbursed only upon order of the court. Unless a proceeding is

16  initiated to validate a claim to such proceeds within 1 year

17  and a day from the date of the sale, the proceeds shall be

18  deemed abandoned property and disposition thereof shall be

19  governed by s. 705.103. The clerk shall receive 5 percent of

20  the proceeds deposited with her or him, not to exceed $25, for

21  her or his services under this section.

22         (14)  Any person who violates the provisions of this

23  section commits a misdemeanor of the first degree, punishable

24  as provided in s. 775.082 or s. 775.083. However, any person

25  who uses a false or fictitious name, gives a false or

26  fictitious address, or makes any false statements regarding

27  the requirements of this section commits a felony of the third

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

29  s. 775.084.

30         Section 47.  Paragraph (b) of subsection (4),

31  subsection (6), and paragraph (a) of subsection (11) of

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  1  section 713.78, Florida Statutes, are amended, paragraph (d)

  2  is added to subsection (12), and subsection (13) is added to

  3  said section, to read:

  4         713.78  Liens for recovering, towing, or storing

  5  vehicles and undocumented vessels.--

  6         (4)

  7         (b)  Notice by certified mail, return receipt

  8  requested, shall be sent within 7 business days after the date

  9  of storage of the vehicle or vessel to the registered owner

10  and to all persons of record claiming a lien against the

11  vehicle or vessel at the most current known address, even if

12  different from that disclosed by the records of the Department

13  of Highway Safety and Motor Vehicles.  It shall state the fact

14  of possession of the vehicle or vessel, that a lien as

15  provided in subsection (2) is claimed, that charges have

16  accrued and the amount thereof, that the lien is subject to

17  enforcement pursuant to law, and that the owner or lienholder,

18  if any, has the right to a hearing as set forth in subsection

19  (5), and that any vehicle or vessel which remains unclaimed,

20  or for which the charges for recovery, towing, or storage

21  services remain unpaid, may be sold after 35 days free of all

22  prior liens.

23         (6)  Any vehicle or vessel which is stored pursuant to

24  subsection (2) and which remains unclaimed, or for which

25  reasonable charges for recovery, towing, or storing remain

26  unpaid or for which a lot rental amount is due and owing to

27  the mobile home park owner, as evidenced by a judgment for

28  unpaid rent, and any contents not released pursuant to

29  subsection (10), may be sold by the owner or operator of the

30  storage space for such towing or storage charge or unpaid lot

31  rental amount after 35 days from the time the vehicle or

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  1  vessel is stored therein. The sale shall be at public auction

  2  for cash. The vehicle shall be physically present for

  3  inspection concurrently with the sale at public auction. If

  4  the date of the sale was not included in the notice required

  5  in subsection (4), notice of the sale shall be given to the

  6  person in whose name the vehicle, vessel, or mobile home is

  7  registered, to the mobile home park owner, and to all persons

  8  claiming a lien on the vehicle or vessel as shown on the

  9  records of the Department of Highway Safety and Motor Vehicles

10  or of the corresponding agency in any other state. Notice

11  shall be sent by certified mail, return receipt requested, to

12  the owner of the vehicle or vessel and the person having the

13  recorded lien on the vehicle or vessel at the address shown on

14  the records of the registering agency or at the most current

15  known address, even if different from that disclosed by the

16  records of the registering agency and shall be mailed not less

17  than 15 days before the date of the sale. After diligent

18  search and inquiry, if the name and address of the registered

19  owner or the owner of the recorded lien cannot be ascertained,

20  the requirements of notice by mail may be dispensed with.  In

21  addition to the notice by mail, public notice of the time and

22  place of sale shall be made by publishing a notice thereof one

23  time, at least 10 days prior to the date of the sale, in a

24  newspaper of general circulation in the county in which the

25  vehicle is stored and in which the sale is to be held. Within

26  5 business days following the sale, the proceeds of the sale,

27  after payment of reasonable towing and storage charges, costs

28  of the sale, and the unpaid lot rental amount, in that order

29  of priority, shall be deposited with the clerk of the circuit

30  court for the county if the owner is absent, and the clerk

31  shall hold such proceeds subject to the claim of the person

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  1  legally entitled thereto. The clerk shall be entitled to

  2  receive 5 percent of such proceeds for the care and

  3  disbursement thereof.  The certificate of title issued under

  4  this law shall be discharged of all liens unless otherwise

  5  provided by court order.

  6         (11)(a)  Any person regularly engaged in the business

  7  of recovering, towing, or storing vehicles or vessels who

  8  comes into possession of a vehicle or vessel pursuant to

  9  subsection (2) and who has complied with the provisions of

10  subsections (3) and (6), when such vehicle or vessel is to be

11  sold for purposes of being dismantled, destroyed, or changed

12  in such manner that it is not the motor vehicle, vessel, or

13  mobile home described in the certificate of title, shall apply

14  to the county tax collector for a certificate of destruction.

15  A certificate of destruction, which authorizes the dismantling

16  or destruction of the vehicle or vessel described therein,

17  shall be reassignable a maximum of two times before

18  dismantling or destruction of the vehicle or vessel shall be

19  required, and shall accompany the vehicle or vessel for which

20  it is issued, when such vehicle or vessel is sold for such

21  purposes, in lieu of a certificate of title.  The application

22  for a certificate of destruction must include an affidavit

23  from the applicant that it has complied with all applicable

24  requirements of this section and, if the vehicle or vessel is

25  not registered in this state, by a statement from a law

26  enforcement officer that the vehicle or vessel is not reported

27  stolen, and shall be accompanied by such documentation as may

28  be required by the department.

29         (12)

30         (d)  Employees of the Department of Highway Safety and

31  Motor Vehicles and law enforcement officers are authorized to

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  1  inspect the records of any person regularly engaged in the

  2  business of recovering, towing, or storing vehicles or

  3  vessels, or transporting vehicles or vessels by wrecker, tow

  4  truck, or car carrier, to ensure compliance with the

  5  requirements of this section. Any person who fails to maintain

  6  records or fails to produce records, when so required, in a

  7  reasonable manner and at a reasonable time commits a

  8  misdemeanor of the first degree, punishable as provided in s.

  9  775.082 or s. 775.083.

10         (13)  Any person who violates the provisions of this

11  section commits a misdemeanor of the first degree, punishable

12  as provided in s. 775.082 or s. 775.083. However, any person

13  who uses a false or fictitious name, gives a false or

14  fictitious address, or makes any false statements regarding

15  the requirements of this section commits a felony of the third

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

17  s. 775.084.

18         Section 48.  Section 715.05, Florida Statutes, is

19  amended to read:

20         715.05  Reporting of unclaimed motor vehicles or

21  vessels.--

22         (1)  Whenever any law enforcement agency authorizes the

23  removal of a vehicle or vessel or whenever any towing service,

24  garage, repair shop, marina, or automotive service, storage,

25  or parking place notifies the law enforcement agency of

26  possession of a vehicle or vessel pursuant to s.

27  715.07(2)(a)2., the applicable law enforcement agency shall

28  contact the Department of Highway Safety and Motor Vehicles,

29  or the appropriate agency of the state of registration, if

30  known, within 24 hours through the medium of electronic

31  communications giving the full description of the vehicle or

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  1  vessel.  Upon receipt of the full description of the vehicle

  2  or vessel, the department shall search its files to determine

  3  the owner's name, the name of the insurance company insuring

  4  the vehicle, and whether any person has filed a lien upon the

  5  vehicle as provided in s. 319.27(2) and (3) or vessel as

  6  provided in s. 328.15(1) and notify the applicable law

  7  enforcement agency within 72 hours.  The person in charge of

  8  the towing service, garage, repair shop, marina, or automotive

  9  service, storage, or parking place shall obtain such

10  information from the applicable law enforcement agency within

11  5 days from the date of storage and shall, by certified mail,

12  return receipt requested, notify the owner, the insurer, and

13  all lienholders of the location of the vehicle or vessel and

14  of the fact that it is unclaimed.  Such notice shall be given

15  within 7 days, excluding Saturday and Sunday, from the date of

16  storage and shall be complete upon mailing; however, if the

17  state of registration is unknown, the person in charge of the

18  towing service, garage, repair shop, marina, or automotive

19  service, storage, or parking place shall make a good faith

20  best effort in so notifying the owner, the insurer, and any

21  lienholders, and such notice shall be given within a

22  reasonable period of time from the date of storage.

23         (2)  Nothing herein contained shall apply to any

24  licensed public lodging establishment.

25         (3)  Failure to make good faith best efforts to comply

26  with the notice requirement of this section or of s.

27  715.07(2)(a)2., as appropriate, shall preclude the imposition

28  of any storage charges against such vehicle or vessel.

29         Section 49.  Section 715.07, Florida Statutes, is

30  amended to read:

31

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  1         715.07  Vehicles or vessels parked or located on

  2  private property; towing.--

  3         (1)  As used in this section, the terms: term

  4         (a)  "Vehicle" means any mobile item which normally

  5  uses wheels, whether motorized or not.

  6         (b)  "Vessel" means any watercraft as defined in s.

  7  327.02, excluding "documented" vessels.

  8         (2)  The owner or lessee of real property, or any

  9  person authorized by the owner or lessee, which person may be

10  the designated representative of the condominium association

11  if the real property is a condominium, may cause any vehicle

12  or vessel parked or located on such property without her or

13  his permission to be removed by a person regularly engaged in

14  the business of towing vehicles or vessels, without liability

15  for the costs of removal, transportation, or storage or

16  damages caused by such removal, transportation, or storage,

17  under any of the following circumstances:

18         (a)  The towing or removal of any vehicle or vessel

19  from private property without the consent of the registered

20  owner or other legally authorized person in control of that

21  vehicle or vessel is subject to strict compliance with the

22  following conditions and restrictions:

23         1.a.  Any towed or removed vehicle or vessel must be

24  stored at a site within 10 miles of the point of removal in

25  any county of 500,000 population or more, and within 15 miles

26  of the point of removal in any county of less than 500,000

27  population. That site must be open for the purpose of

28  redemption of vehicles or vessels on any day that the person

29  or firm towing such vehicle or vessel is open for towing

30  purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall

31  have prominently posted a sign indicating a telephone number

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  1  where the operator of the site can be reached at all times.

  2  Upon receipt of a telephoned request to open the site to

  3  redeem a vehicle or vessel, the operator shall return to the

  4  site within 1 hour or she or he will be in violation of this

  5  section.

  6         b.  If no towing business providing such service is

  7  located within the area of towing limitations set forth in

  8  sub-subparagraph a., the following limitations apply:  any

  9  towed or removed vehicle or vessel must be stored at a site

10  within 20 miles of the point of removal in any county of

11  500,000 population or more, and within 30 miles of the point

12  of removal in any county of less than 500,000 population.

13         2.  The person or firm towing or removing the vehicle

14  or vessel shall, within 30 minutes of completion of such

15  towing or removal, notify the municipal police department or,

16  in an unincorporated area, the sheriff of such towing or

17  removal, the storage site, the time the vehicle or vessel was

18  towed or removed, and the make, model, color, and license

19  plate number of the vehicle or the make, model, color, and

20  registration number of the vessel and shall obtain the name of

21  the person at that department to whom such information was

22  reported and note that name on the trip record.

23         3.  If the registered owner or other legally authorized

24  person in control of the vehicle or vessel arrives at the

25  scene prior to removal or towing of the vehicle or vessel, the

26  vehicle or vessel shall be disconnected from the towing or

27  removal apparatus, and that person shall be allowed to remove

28  the vehicle or vessel without interference upon the payment of

29  a reasonable service fee of not more than one-half of the

30  posted rate for such towing service as provided in

31  subparagraph 6., for which a receipt shall be given, unless

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  1  that person refuses to remove the vehicle or vessel which is

  2  otherwise unlawfully parked or located.

  3         4.  The rebate or payment of money or any other

  4  valuable consideration from the individual or firm towing or

  5  removing vehicles or vessels to the owners or operators of the

  6  premises from which the vehicles or vessels are towed or

  7  removed, for the privilege of removing or towing those

  8  vehicles or vessels, is prohibited.

  9         5.  Except for property appurtenant to and obviously a

10  part of a single-family residence, and except for instances

11  when notice is personally given to the owner or other legally

12  authorized person in control of the vehicle or vessel that the

13  area in which that vehicle or vessel is parked is reserved or

14  otherwise unavailable for unauthorized vehicles or vessels and

15  subject to being removed at the owner's or operator's expense,

16  any property owner or lessee, or person authorized by the

17  property owner or lessee, prior to towing or removing any

18  vehicle or vessel from private property without the consent of

19  the owner or other legally authorized person in control of

20  that vehicle or vessel, must post a notice meeting the

21  following requirements:

22         a.  The notice must be prominently placed at each

23  driveway access or curb cut allowing vehicular access to the

24  property, within 5 feet from the public right-of-way line.  If

25  there are no curbs or access barriers, the signs must be

26  posted not less than one sign for each 25 feet of lot

27  frontage.

28         b.  The notice must clearly indicate, in not less than

29  2-inch high, light-reflective letters on a contrasting

30  background, that unauthorized vehicles or vessels will be

31  towed away at the owner's expense.  The words "tow-away zone"

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  1  must be included on the sign in not less than 4-inch high

  2  letters.

  3         c.  The notice must also provide the name and current

  4  telephone number of the person or firm towing or removing the

  5  vehicles or vessels, if the property owner, lessee, or person

  6  in control of the property has a written contract with the

  7  towing company.

  8         d.  The sign structure containing the required notices

  9  must be permanently installed with the words "tow-away zone"

10  not less than 3 feet and not more than 6 feet above ground

11  level and must be continuously maintained on the property for

12  not less than 24 hours prior to the towing or removal of any

13  vehicles or vessels.

14         e.  The local government may require permitting and

15  inspection of these signs prior to any towing or removal of

16  vehicles or vessels being authorized.

17         f.  A business with 20 or fewer parking spaces

18  satisfies the notice requirements of this subparagraph by

19  prominently displaying a sign stating "Reserved Parking for

20  Customers Only Unauthorized Vehicles or Vessels Will be Towed

21  Away At the Owner's Expense" in not less than 4-inch high,

22  light-reflective letters on a contrasting background.

23

24  A business owner or lessee may authorize the removal of a

25  vehicle or vessel by a towing company when the vehicle or

26  vessel is parked in such a manner that restricts the normal

27  operation of business; and if a vehicle or vessel parked on a

28  public right-of-way obstructs access to a private driveway the

29  owner, lessee, or agent may have the vehicle or vessel removed

30  by a towing company upon signing an order that the vehicle or

31  vessel be removed without a posted tow-away zone sign.

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  1         6.  Any person or firm that tows or removes vehicles or

  2  vessels and proposes to require an owner, operator, or person

  3  in control of a vehicle or vessel to pay the costs of towing

  4  and storage prior to redemption of the vehicle or vessel must

  5  file and keep on record with the local law enforcement agency

  6  a complete copy of the current rates to be charged for such

  7  services and post at the storage site an identical rate

  8  schedule and any written contracts with property owners,

  9  lessees, or persons in control of property which authorize

10  such person or firm to remove vehicles or vessels as provided

11  in this section.

12         7.  Any person or firm towing or removing any vehicles

13  or vessels from private property without the consent of the

14  owner or other legally authorized person in control of the

15  vehicles or vessels shall, on any trucks, wreckers as defined

16  in s. 713.78(1)(b), or other vehicles used in the towing or

17  removal, have the name, address, and telephone number of the

18  company performing such service clearly printed in contrasting

19  colors on the driver and passenger sides of the vehicle.  The

20  name shall be in at least 3-inch permanently affixed letters,

21  and the address and telephone number shall be in at least

22  1-inch permanently affixed letters.

23         8.  Vehicle entry for the purpose of removing the

24  vehicle or vessel shall be allowed with reasonable care on the

25  part of the person or firm towing the vehicle or vessel.  Such

26  person or firm shall be liable for any damage occasioned to

27  the vehicle or vessel if such entry is not in accordance with

28  the standard of reasonable care.

29         9.  When a vehicle or vessel has been towed or removed

30  pursuant to this section, it must be released to its owner or

31  custodian within one hour after requested.  Any vehicle or

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  1  vessel owner, custodian, or agent shall have the right to

  2  inspect the vehicle or vessel before accepting its return, and

  3  no release or waiver of any kind which would release the

  4  person or firm towing the vehicle or vessel from liability for

  5  damages noted by the owner or other legally authorized person

  6  at the time of the redemption may be required from any vehicle

  7  or vessel owner, custodian, or agent as a condition of release

  8  of the vehicle or vessel to its owner.  A detailed, signed

  9  receipt showing the legal name of the company or person towing

10  or removing the vehicle or vessel must be given to the person

11  paying towing or storage charges at the time of payment,

12  whether requested or not.

13         (b)  These requirements shall be the minimum standards

14  and shall not preclude enactment of additional regulations by

15  any municipality or county including the right to regulate

16  rates when vehicles or vessels are towed from private

17  property.

18         (3)  This section does not apply to law enforcement,

19  firefighting, rescue squad, ambulance, or other emergency

20  vehicles or vessels which are marked as such or to property

21  owned by any governmental entity.

22         (4)  When a person improperly causes a vehicle or

23  vessel to be removed, such person shall be liable to the owner

24  or lessee of the vehicle or vessel for the cost of removal,

25  transportation, and storage; any damages resulting from the

26  removal, transportation, or storage of the vehicle or vessel;

27  attorneys' fees; and court costs.

28         (5)(a)  Any person who violates the provisions of

29  subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is

30  guilty of a misdemeanor of the first degree, punishable as

31  provided in s. 775.082 or s. 775.083.

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  1         (b)  Any person who violates the provisions of

  2  subparagraph (2)(a)7. commits is guilty of a felony of the

  3  third degree, punishable as provided in s. 775.082, s.

  4  775.083, or s. 775.084.

  5         Section 50.  Paragraph (r) is added to subsection (7)

  6  of section 213.053, Florida Statutes, to read:

  7         213.053  Confidentiality and information sharing.--

  8         (7)  Notwithstanding any other provision of this

  9  section, the department may provide:

10         (r)  Names, addresses, and federal employer

11  identification numbers, or such similar identifiers, to the

12  Department of Highway Safety and Motor Vehicles for use in the

13  conduct of its official duties.

14

15  Disclosure of information under this subsection shall be

16  pursuant to a written agreement between the executive director

17  and the agency.  Such agencies, governmental or

18  nongovernmental, shall be bound by the same requirements of

19  confidentiality as the Department of Revenue.  Breach of

20  confidentiality is a misdemeanor of the first degree,

21  punishable as provided by s. 775.082 or s. 775.083.

22         Section 51.  Subsection (2) of section 316.251, Florida

23  Statutes, is amended to read:

24         316.251  Maximum bumper heights.--

25         (2)  "New motor vehicles" as defined in s.

26  319.001(8)(4), "antique automobiles" as defined in s. 320.08,

27  "horseless carriages" as defined in s. 320.086, and "street

28  rods" as defined in s. 320.0863 shall be excluded from the

29  requirements of this section.

30         Section 52.  Paragraphs (k) and (l) of subsection (4)

31  of section 325.203, Florida Statutes, are amended to read:

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  1         325.203  Motor vehicles subject to annual inspection;

  2  exemptions.--

  3         (4)  The following motor vehicles are not subject to

  4  inspection:

  5         (k)  New motor vehicles, as defined in s.

  6  319.001(8)(4).  Such vehicles are exempt from the inspection

  7  requirements of this act at the time of the first registration

  8  by the original owner and, thereafter, are subject to the

  9  inspection requirements of this act. Beginning May 1, 2000,

10  such vehicles are exempt from those inspection requirements

11  for a period of 2 years from the date of purchase.

12         (l)  New motor vehicles as defined in s. 319.001(8)(4)

13  which are utilized as short-term rental vehicles and licensed

14  under s. 320.08(6)(a). Such vehicles are exempt from the

15  inspection requirements of this act at the time of the first

16  registration. Said vehicles are also exempt from the

17  inspection requirements of this act at the time of the first

18  registration renewal by the original owner, provided this

19  renewal occurs prior to the expiration of 12 months from the

20  date of first registration of the motor vehicle. Beginning May

21  1, 2000, such vehicles are exempt from those inspection

22  requirements for a period of 2 years from the date of

23  purchase.

24         Section 53.  (1)  TASK FORCE ON THE MOTOR VEHICLE

25  INDUSTRY.--There is hereby created within the Department of

26  Highway Safety and Motor Vehicles the Task Force on the Motor

27  Vehicle Industry.  The task force shall be charged with

28  examining and evaluating the motor vehicle industry in the

29  state, specifically the licensing of motor vehicle dealers,

30  the enforcement of motor vehicle dealer regulations, and the

31

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  1  structure and manner in which the Department of Motor Vehicles

  2  carries out its regulatory purpose.

  3         (2)  MEMBERSHIP; ORGANIZATION; MEETINGS.--

  4         (a)  The task force shall be composed of 15 members, to

  5  be appointed by the Governor, the President of the Senate, and

  6  the Speaker of the House of Representatives, as follows:

  7         1.  One representative of the Division of Motor

  8  Vehicles of the Department of Highway Safety and Motor

  9  Vehicles, to be appointed by the Governor.

10         2.  One representative of independent motor vehicle

11  dealers as recommended by the Florida Independent Automobile

12  Dealers Association, to be appointed by the Governor.

13         3.  One representative of motor vehicle franchise

14  dealers as recommended by the Florida Automobile Dealers

15  Association, to be appointed by the Governor.

16         4.  One representative from an auto auction chain that

17  is recommended by a group affiliated with the National Auto

18  Auction Association, to be appointed by the Governor.

19         5.  One representative of the Florida Auto Dismantlers

20  and Recyclers Association, to be appointed by the Governor.

21         6.  One representative from the Department of Revenue,

22  to be appointed by the President of the Senate.

23         7.  One representative of independent motor vehicle

24  dealers as recommended by the Florida Independent Automobile

25  Dealers Association, to be appointed by the President of the

26  Senate.

27         8.  A Florida tax collector as recommended by the

28  Florida Tax Collectors Association, to be appointed by the

29  President of the Senate.

30

31

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  1         9.  One representative from a Better Business Bureau

  2  within the state, to be appointed by the President of the

  3  Senate.

  4         10.  One representative of motor vehicle franchise

  5  dealers as recommended by the Tampa Bay Auto Dealers

  6  Association, to be appointed by the President of the Senate.

  7         11.  One representative from the Division of Consumer

  8  Services of the Department of Agriculture and Consumer

  9  Services, to be appointed by the Speaker of the House of

10  Representatives.

11         12.  One representative of independent motor vehicle

12  dealers as recommended by the Florida Independent Automobile

13  Dealers Association, to be appointed by the Speaker of the

14  House of Representatives.

15         13.  One representative of the motor vehicle auction

16  industry who is affiliated with an independent motor vehicle

17  auction concern and is recommended by a group affiliated with

18  the National Auto Auction Association, to be appointed by the

19  Speaker of the House of Representatives.

20         14.  One representative of the insurance industry that

21  writes motor vehicle dealer surety bonds, to be appointed by

22  the Speaker of the House of Representatives.

23         15.  One representative of motor vehicle franchise

24  dealers as recommended by the South Florida Auto Dealers

25  Association, to be appointed by the Speaker of the House of

26  Representatives.

27

28  The Division of Motor Vehicles of the Department of Highway

29  Safety and Motor Vehicles, the Division of Consumer Services

30  of the Department of Agriculture and Consumer Services, the

31  Department of Revenue, the Florida Independent Automobile

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  1  Dealers Association, the Florida Tax Collectors Association,

  2  the Florida Automobile Dealers Association, and the Florida

  3  Auto Dismantlers and Recyclers Association shall submit to the

  4  Department of Highway Safety and Motor Vehicles the names of

  5  their recommended representatives for selection as appointees

  6  to the task force. A person who desires to be considered for

  7  appointment to the task force as a representative of the

  8  insurance industry or a Better Business Bureau shall submit

  9  his or her name and a statement of the designated category he

10  or she proposes to represent to the Department of Highway

11  Safety and Motor Vehicles, which shall forward all recommended

12  names to the appointing authority for the designated category.

13  In order to facilitate and coordinate the efforts of the task

14  force, the Governor, the President of the Senate, and the

15  Speaker of the House of Representatives shall each name a

16  liaison whom the task force may contact for assistance and

17  information during the course of the task force's existence.

18  Members of the task force shall be appointed no later than

19  July 1, 2000.

20         (b)  The Governor shall appoint the chair of the task

21  force.  Any vacancy in the task force membership shall be

22  filled in the manner of the original appointment.

23         (c)  Upon appointment of the members, the task force

24  shall schedule an organizational meeting to be held no later

25  than July 20, 2000. Thereafter, the task force shall meet at

26  least once a month, at the call of the chair, or at the call

27  of a quorum of the task force, at various locations throughout

28  the state to be determined by the task force. A quorum is

29  necessary for the purpose of conducting official business of

30  the task force. Eight members of the task force shall

31  constitute a quorum.

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  1         (d)  The task force shall use accepted rules of

  2  procedure to conduct its meetings. The department shall keep

  3  on file a complete record of each meeting.

  4         (e)  Members of the task force from the private sector

  5  shall not be entitled to per diem or travel expenses. Members

  6  of the task force who are employees of state agencies shall

  7  receive per diem and travel expenses from the budgets of their

  8  respective agencies.

  9         (f)  The Department of Highway Safety and Motor

10  Vehicles shall provide administrative and staff support

11  services relating to the functions of the task force, and

12  members of the task force may request assistance from the

13  Department of Highway Safety and Motor Vehicles as necessary.

14         (3)  PURPOSES; DUTIES.--

15         (a)  The task force shall conduct an in-depth review of

16  the motor vehicle industry in the state, which shall include,

17  but not be limited to, problems associated with licensing

18  requirements for motor vehicle dealers, unlicensed persons

19  engaging in business as motor vehicle dealers, and enforcement

20  of statutes and rules regulating the motor vehicle industry.

21  The task force shall, in its review, analyze the provisions of

22  chapter 320, Florida Statutes, and any other applicable

23  provisions of state law as they relate to the motor vehicle

24  industry and motor vehicle dealer licensing requirements and

25  enforcement.

26         (b)  The task force may, in its discretion:

27         1.  Conduct meetings, hearings, and workshops in

28  Tallahassee, and at different locations throughout the state,

29  and take evidence, testimony, and argument at such meetings,

30  hearings, and workshops from state agencies and consumer

31  organizations.

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  1         2.  Examine and evaluate the procedures and methods for

  2  approval of an applicant for licensure as a motor vehicle

  3  dealer, for establishment of motor vehicle dealer locations,

  4  for enforcement actions against unlicensed persons engaging in

  5  business as motor vehicle dealers, and for enforcement of

  6  existing statutes and rules regulating motor vehicle dealers.

  7         3.  Assess the roles of the Department of Highway

  8  Safety and Motor Vehicles and county tax collectors regarding

  9  the motor vehicle industry.

10         (c)  The in-depth review established in this section

11  shall not include the relationship between motor vehicle

12  dealers licensed under s. 320.27(1)(c)1., Florida Statutes,

13  and their respective line-make licensees licensed under s.

14  320.61, Florida Statutes, or the provisions of ss.

15  320.60-320.70, Florida Statutes.

16         (d)  Upon completing the review, assessment, and

17  evaluation pursuant to this act, the task force may meet

18  further to consider its accomplishments and to compile its

19  findings into legislative recommendations.

20         (4)  INTERIM AND FINAL REPORT; TERMINATION OF TASK

21  FORCE.--By January 31, 2001, the task force shall submit its

22  interim findings and recommendations in the form of a written

23  report to the Governor, the President of the Senate, and the

24  Speaker of the House of Representatives. The task force shall

25  make a final report of its findings and recommendations, which

26  may include proposed legislation, to the Governor, the

27  President of the Senate, and the Speaker of the House of

28  Representatives by March 1, 2001, at which time the task force

29  shall cease to exist.

30         (5)  This section shall take effect upon this act

31  becoming a law.

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  1         Section 54.  Except as otherwise provided herein, this

  2  act shall take effect October 1, 2000.

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