House Bill 2159

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







    Florida House of Representatives - 2000                HB 2159

        By the Committee on General Appropriations and
    Representative Fuller





  1                      A bill to be entitled

  2         An act relating to motor vehicle registration;

  3         amending ss. 316.1951, 319.14, 320.02, and

  4         320.58, F.S.; deleting references to license

  5         inspectors; providing for appointment of

  6         compliance examiners; including reference to

  7         the agents of the Department of Highway Safety

  8         and Motor Vehicles with respect to application

  9         for a certificate of title under ch. 319, F.S.;

10         providing an effective date.

11

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

13

14         Section 1.  Subsection (4) of section 316.1951, Florida

15  Statutes, is amended to read:

16         316.1951  Parking for certain purposes prohibited.--

17         (4)  A law enforcement officer or license inspector or

18  supervisor, as authorized in s. 320.58(1)(a), may cause to be

19  removed at the owner's expense any motor vehicle found upon a

20  public street, public parking lot, other public property, or

21  private property, where the public has the right to travel by

22  motor vehicle, which is in violation of subsection (1). Every

23  written notice issued pursuant to this section shall be

24  affixed in a conspicuous place upon a vehicle by a law

25  enforcement officer or license inspector or supervisor. Any

26  vehicle found in violation of subsection (1) within 10 days

27  after a previous violation and written notice shall be subject

28  to immediate removal without an additional waiting period.

29         Section 2.  Paragraph (b) of subsection (1) of section

30  319.14, Florida Statutes, is amended to read:

31

                                  1

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






    Florida House of Representatives - 2000                HB 2159

    187-873A-00






  1         319.14  Sale of motor vehicles registered or used as

  2  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

  3  and nonconforming vehicles.--

  4         (1)

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

  6  exchange a rebuilt vehicle until the department has stamped in

  7  a conspicuous place on the certificate of title for the

  8  vehicle words stating that the vehicle has been rebuilt,

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

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

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

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

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

14  with this chapter and the department or its agent has

15  conducted the physical examination of the vehicle to assure

16  the identity of the vehicle.

17         Section 3.  Subsection (14) of section 320.02, Florida

18  Statutes, is amended to read:

19         320.02  Registration required; application for

20  registration; forms.--

21         (14)(a)  The license inspectors appointed by the

22  department pursuant to s. 320.58 are empowered to issue a

23  notice of violation on a form prescribed by the department to

24  unattended motor vehicles that reasonably appear to such

25  examiners to be required to be registered under this chapter

26  and that are not so registered. The notice of violation shall

27  include a summary of the provisions of this section and shall

28  contain such other information as the department in its

29  discretion shall determine.

30         (b)  The owner or person in charge of any vehicle that

31  is issued a notice of violation pursuant to this section

                                  2

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






    Florida House of Representatives - 2000                HB 2159

    187-873A-00






  1  shall, within 30 days of the date of issuance shown on the

  2  notice, register the vehicle as required by this chapter or

  3  provide proof satisfactory to the department that the vehicle

  4  is exempt from such registration. If the vehicle is not

  5  registered or the proof is not provided on or after the 31st

  6  day following the date of issuance shown on the notice, the

  7  department is authorized to immobilize the vehicle by use of

  8  an immobilization device. Upon proof of registration of the

  9  vehicle or proof satisfactory to the department that the

10  vehicle is exempt from such registration, the department shall

11  remove the immobilization device. The department shall

12  immediately remove, at no charge, any immobilization device

13  that has been placed on any vehicle in error.

14         (c)  The license inspectors appointed by the department

15  pursuant to s. 320.58 are empowered to enter upon both

16  publicly owned and privately owned property in order to carry

17  out the provisions of this section.

18         (d)  Any person who, without the authorization of the

19  department, disables, removes, tampers with, damages, or

20  unlocks an immobilization device placed on a vehicle pursuant

21  to this section, or who attempts to do so, is guilty of a

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

23  775.082 or s. 775.083.

24         Section 4.  Section 320.58, Florida Statutes, is

25  amended to read:

26         320.58  Compliance examiners License inspectors;

27  powers, appointment.--

28         (1)(a)  The department shall appoint as many compliance

29  examiners license inspectors and supervisors as it deems

30  necessary to enforce the provisions of this chapter and

31  chapters 319, 322, and 324.  In order to enforce the

                                  3

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






    Florida House of Representatives - 2000                HB 2159

    187-873A-00






  1  provisions of these laws, the inspectors are empowered to

  2  enter on both publicly owned and privately owned property and

  3  to issue uniform traffic citations to persons found in

  4  violation thereof.  The department is further empowered to

  5  delegate the power to issue uniform traffic citations to

  6  persons acting as its agents for the purpose of enforcing the

  7  registration provisions of this chapter, which may include,

  8  but not be limited to, personnel employed by district school

  9  boards as agreed to by the school board and the county tax

10  collector.

11         (b)  License inspectors appointed pursuant to this

12  section and agents delegated by the department are not to be

13  considered for membership in the state high-risk retirement

14  program.

15         (2)  Any person who fails or refuses to surrender his

16  or her driver's license, registration certificate, and license

17  plate upon lawful demand of an inspector, supervisor, or

18  authorized agent of the department is guilty of a misdemeanor

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

20  s. 775.083.

21         Section 5.  This act shall take effect July 1, 2000.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Deletes reference to license inspectors and provides for
26    the appointment of compliance examiners by the Department
      of Highway Safety and Motor Vehicles. Includes reference
27    to agents of the department with respect to application
      for a certificate of title under chapter 319, F.S. See
28    bill for details.

29

30

31

                                  4