House Bill 0777

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







    Florida House of Representatives - 2000                 HB 777

        By Representative Goode






  1                      A bill to be entitled

  2         An act relating to off-highway vehicles;

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

  4         Off-Highway-Vehicle Revolving Trust Fund from a

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

  6         creating the Florida Off-Highway-Vehicle Safety

  7         and Recreation Act; providing legislative

  8         intent; providing definitions; creating the

  9         Off-Highway-Vehicle Recreation Advisory

10         Committee; providing duties and

11         responsibilities; providing for the duties and

12         responsibilities of the Department of

13         Agriculture and Consumer Services; providing

14         for the publication and sale of a guidebook;

15         providing for the repair, maintenance and

16         restoration of areas, trails, and lands;

17         providing for contracts and agreements;

18         providing criteria for recreation areas and

19         trails; amending s. 316.2074, F.S.; revising

20         the definition of the term "all-terrain

21         vehicle"; creating the Florida

22         Off-Highway-Vehicle Titling and Registration

23         Act; providing legislative intent; providing

24         definitions; providing for administration by

25         the Department of Highway Safety and Motor

26         Vehicles; providing for rules, forms, and

27         notices; requiring certificates of title;

28         providing for application for and issuance of

29         certificates of title; providing for duplicate

30         certificates of title; requiring the furnishing

31         of a manufacturer's statement of origin;

                                  1

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






  1         requiring registration; providing for

  2         application for and issuance of certificate of

  3         registration, registration number, and decal;

  4         providing for the registration period and for

  5         reregistration by mail; providing for change of

  6         interest and address; providing for duplicate

  7         registration certificate and decal; providing

  8         for fees; providing for disposition of fees;

  9         providing for refusal to issue and authority to

10         cancel a certificate of title or registration;

11         providing for crimes relating to certificates

12         of title and registration decals; providing

13         penalties; providing for noncriminal

14         infractions; providing penalties; repealing s.

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

16         off-road vehicles; repealing s. 375.313(2),

17         F.S., relating to registration fees therefor;

18         providing an effective date.

19

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

21

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

23  section 215.22, Florida Statutes, to read:

24         215.22  Certain income and certain trust funds

25  exempt.--

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

27  following trust funds shall be exempt from the deduction

28  required by s. 215.20(1):

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

30         Section 2.  Chapter 261, Florida Statutes, consisting

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

                                  2

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






  1  261.07, 261.08, 261.09, and 261.10, Florida Statutes, is

  2  created to read:

  3         261.01  Short title.--This chapter may be cited as the

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

  5         261.02  Legislative intent.--

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

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

  8  that the use of these vehicles should be controlled and

  9  managed to minimize negative effects on the environment,

10  wildlife habitats, native wildlife, and native flora.

11         (2)  The Legislature declares that effectively managed

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

13  vehicles are compatible with this state's overall recreation

14  plan and the underlying goal of multiple use.

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

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

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

18  manner consistent with this chapter, in particular to maintain

19  sustained long-term use.

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

21  facilities, and opportunities be provided and managed pursuant

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

23         261.03  Definitions.--As used in this chapter, the

24  term:

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

26  Vehicle Recreation Advisory Committee created by s. 261.04.

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

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

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

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

31

                                  3

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






  1  straddled by the operator and handlebars for steering control,

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

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

  4  and Consumer Services.

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

  6  Department of Agriculture and Consumer Services.

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

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

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

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

11  ground, but excludes a tractor or a moped.

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

13  off the roads or highways of this state for recreational

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

15  use under chapter 320.

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

17  Program.

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

19  recreation areas and trails within the state.

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

21  Revolving Trust Fund" created by s. 261.11.

22         261.04  Creation of the Off-Highway-Vehicle Recreation

23  Advisory Committee; members; appointment.--

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

25  Committee is created within the Division of Forestry and

26  consists of seven members, all of whom are appointed by the

27  Commissioner of Agriculture. The appointees shall include one

28  representative of the Department of Agriculture and Consumer

29  Services, one representative of the Department of Highway

30  Safety and Motor Vehicles, one representative of a licensed

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

                                  4

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

  2  appointments, the commissioner shall consider the places of

  3  residence of the members to ensure statewide representation.

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

  5  committee is 2 years. The members first appointed shall

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

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

  8  June 30, 2003.

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

10  commissioner shall appoint a successor member for the

11  unexpired portion of the term.

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

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

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

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

16  necessary expenses incurred in the performance of their

17  duties.

18         261.05  Duties and responsibilities of the

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

20         (1)  The advisory committee shall establish policies to

21  guide the department regarding the off-highway-vehicle

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

23  recreation areas and trails.

24         (2)  The advisory committee shall make recommendations

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

26  training, and rider-education programs.

27         (3)  The advisory committee shall be fully informed

28  regarding all governmental activities affecting the program.

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

30  and locations throughout the state to receive comments on the

31  implementation of the program.

                                  5

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






  1         (5)  The advisory committee shall review and make

  2  recommendations annually regarding the department's proposed

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

  4  providing funds to match grant funds available from other

  5  sources.

  6         (6)  The advisory committee shall make recommendations

  7  regarding all capital outlay expenditures from the trust fund

  8  proposed for inclusion in the budget.

  9         (7)  The advisory committee shall review grant

10  applications submitted by any governmental agency or entity

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

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

13  trails within the state. The advisory committee shall

14  recommend to the department approval or denial of such grant

15  applications based upon criteria established by the advisory

16  committee.

17         261.06  Functions, duties, and responsibilities of the

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

19  responsibilities of the department through the division:

20         (1)  The planning, acquisition, development,

21  construction, conservation, and rehabilitation of lands in and

22  for the system.

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

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

25  enforcement and appropriate public safety activities.

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

27  advisory committee's budget recommendations.

28         (4)  Implementation of the program, including the

29  ultimate approval of grant applications submitted by

30  governmental agencies.

31

                                  6

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






  1         (5)  Ensuring compliance with environmental laws and

  2  regulations of the program and lands in the system.

  3         (6)  The implementation of the policies established by

  4  the advisory committee.

  5         (7)  Provision of staff assistance to the advisory

  6  committee.

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

  8  be included in, the system.

  9         (9)  Conducting surveys and the preparation of studies

10  as are necessary or desirable for implementing the program.

11         (10)  Recruitment and utilization of volunteers to

12  further the program.

13         261.07  Publication and sale of guidebook;

14  contents.--Under the direction of the advisory committee, the

15  department shall publish a guidebook, including the text of

16  this chapter, other laws and regulations relating to the

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

18  guidebook may include other public areas, trails, and

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

20  must include information regarding the responsibility of users

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

22  regulations including particular provisions and other

23  information intended to prevent trespass and damage to public

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

25  cost to facilitate the broadest possible distribution and must

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

27  preparation, printing, and distribution.

28         261.08  Repair, maintenance, and restoration of areas,

29  trails, and lands.--

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

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

                                  7

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

  2  management of the system. Accordingly, the department shall

  3  promptly repair and continuously maintain areas and trails,

  4  anticipate and prevent accelerated and unnatural erosion, and

  5  restore lands damaged by erosion to the extent possible.

  6         (2)  The department shall monitor the condition of

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

  8  determine whether there is compliance with applicable

  9  environmental laws and regulations.

10         261.09  Contracts and agreements.--The department may

11  contract with private persons or entities and enter into

12  cooperative agreements with other public agencies for the care

13  and maintenance of lands in the system, including contracts

14  for law enforcement services with public agencies having law

15  enforcement powers.

16         261.10  Criteria for recreation areas and

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

18  shall consist of corridors that are designated and maintained

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

20  generally suitable or maintained for normal travel by

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

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

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

24  selected and managed in accordance with this chapter.

25         Section 3.  Subsection (2) of section 316.2074, Florida

26  Statutes, is amended to read:

27         316.2074  All-terrain vehicles.--

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

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

30  (1270 mm) or less in width, having a dry weight of 900 600

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

                                  8

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

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

  3  straddled by the operator, and having handlebars for steering

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

  5  passenger.

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

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

  8  and Registration Act."

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

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

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

12  vehicles operated on public lands be titled and issued a

13  certificate of title to allow for easy determination of

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

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

16  registered and issued a registration decal containing a

17  registration identification number to provide funding for the

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

19  recreation areas and trails within the state.

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

21  21, the term:

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

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

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

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

26  straddled by the operator and handlebars for steering control,

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

28  passenger.

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

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

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

                                  9

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






  1  sales tax certificate of registration issued by the Department

  2  of Revenue and a valid commercial or occupational license

  3  required by any county, municipality, or political subdivision

  4  of the state in which the person operates.

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

  6  Safety and Motor Vehicles.

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

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

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

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

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

12  homestead tax exemption on property in this state.

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

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

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

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

17  ground, but excludes a tractor or a moped.

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

19  off the roads or highways of this state for recreational

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

21  pursuant to chapter 320.

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

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

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

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

26  person, reserved or created by agreement and securing payment

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

28  lessee under a lease not intended as security.

29         Section 7.  Administration of off-highway-vehicle

30  titling and registration laws; records.--

31

                                  10

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

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

  3  Department of Highway Safety and Motor Vehicles, which shall

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

  5  off-highway-vehicle titling and registration applications and

  6  certificates, including the receipt and accounting of

  7  off-highway-vehicle titling and registration fees.

  8         (2)  The department shall keep records and perform

  9  other clerical duties pertaining to off-highway-vehicle

10  titling and registration as required.

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

12         (1)  The department may adopt rules under section

13  120.536(1), Florida Statutes, and section 120.54, Florida

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

15  registration, to implement the provisions of sections 4

16  through 21 conferring duties upon it.

17         (2)  The department shall prescribe and provide

18  suitable forms for applications and other notices and forms

19  necessary to administer the provisions of sections 4 through

20  21.

21         Section 9.  Certificate of title required.--

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

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

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

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

26  through 21.

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

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

29  the purchaser or transferee a valid certificate of title with

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

31  purchaser or transferee. A person may not purchase or

                                  11

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

  2  without obtaining a certificate of title for the vehicle in

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

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

  5  application for a title transfer with the county tax

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

  7  purchaser or transferee who files a title transfer application

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

  9  $5 of the additional amount.

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

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

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

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

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

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

16  destruction or abandonment, surrender to the department all

17  title documents for cancellation.

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

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

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

21  record his or her valid sales tax certificate of registration

22  number.

23         (5)  Included in each titling or replacement fee is a

24  $3.75 service fee to be retained by the county tax collector.

25  The remainder of the fees collected by the county tax

26  collector for off-highway-vehicle titling shall be remitted to

27  the department.

28         Section 10.  Application for and issuance of

29  certificate of title.--

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

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

                                  12

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

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

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

  4  application must be signed by the owner and must be

  5  accompanied by a fee of $29.

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

  7  owner submitting with the application an executed bill of

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

  9  ownership for off-highway vehicles purchased before the

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

11  to the department.

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

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

14  department the last title document issued for that vehicle.

15  The document must be properly executed. Proper execution

16  includes the previous owner's signature and certification that

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

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

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

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

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

22  lienholder has knowledge of and consents to the transfer of

23  title to the new owner.

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

25  transfer must include payment of the applicable state sales

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

27  vehicles purchased or transferred before the effective date of

28  this act.

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

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

31  the department shall issue a certificate of title that states

                                  13

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

  2  suitable for highway use.

  3         Section 11.  Duplicate certificate of title.--

  4         (1)  The department may issue a duplicate certificate

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

  6  a certificate if the department is satisfied that the original

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

  8  $15 shall be charged for issuing a duplicate certificate.

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

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

11  a duplicate certificate of title. Application for such

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

13  department shall issue each certificate of title applied for

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

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

16  written request by the applicant.

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

18  duplicate, or corrected certificate of title by the

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

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

21  vehicle or the holder of a lien thereon may, within 90 days

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

23  department for reissuance of the certificate of title. An

24  additional fee may not be charged for reissuance under this

25  subsection.

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

27  that the application is signed by a person authorized to

28  receive a duplicate title certificate under this section if

29  the address shown on the application is different from the

30  address shown for the applicant on the records of the

31  department.

                                  14

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

  2  furnished.--

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

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

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

  6  accompanied by an English translation if the vehicle was

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

  8  by an authorized representative of the manufacturer, indicate

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

10  complete description of the vehicle, and contain as many

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

12  purchaser.

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

14  manufacturer, manufacturer's representative, or dealer to

15  issue a manufacturer's certificate of origin describing an

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

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

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

19  obtain a certificate of origin with the knowledge that the

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

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

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

23  775.082, section 775.083, or section 775.084, Florida

24  Statutes.

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

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

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

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

29         Section 14.  Application for and issuance of

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

31

                                  15

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

  2  requires registration in this state must file a registration

  3  application with the county tax collector.

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

  5  address, residency status, a Florida identification card

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

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

  8  accompanied by a fee of $25.

  9         (b)  Proof of ownership must be established by

10  presenting a title for the off-highway vehicle.

11         (2)  The department shall issue a certificate of

12  registration and a registration number upon submittal of a

13  complete application and compliance with the other

14  requirements of this section. The certificate of registration

15  does not constitute a license.

16         (3)  The department shall furnish with each

17  registration certificate issued, a decal signifying the years

18  during which the certificate is valid and containing the

19  assigned registration number, and such decal must be affixed

20  to the rear of the off-highway vehicle.

21         Section 15.  Registration period and reregistration by

22  mail.--

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

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

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

26  certificate of registration, the certificate is valid through

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

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

29         (2)  The department shall provide for annual

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

31  county tax collector's office or by mail.

                                  16

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

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

  3  the transfer of any whole or partial interest in an

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

  5  the destruction or abandonment of such vehicle within 30 days

  6  thereof. The certificate expires upon such transfer,

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

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

  9  vehicle.

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

11  notify the department or the county tax collector within 30

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

13  on the certificate and must furnish the department or the

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

15  provide by rule for the surrender of the certificate bearing

16  the former address and for its replacement with a new

17  certificate bearing the new address or for the alteration of

18  an outstanding certificate to show the new address of the

19  holder.

20         Section 17.  Duplicate registration certificate or

21  decal, service fees.--

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

23  certificate or decal to replace a lost or misplaced

24  certificate or decal may be obtained from the county tax

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

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

27  person authorized by the owner.

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

29  vehicles is a $2.25 service fee to be retained by the county

30  tax collector for each registration certificate or decal

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

                                  17

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

  2  department.

  3         (3)  A mail service charge shall be collected for each

  4  registration or reregistration mailed by the department or any

  5  tax collector. All registrations and reregistrations must be

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

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

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

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

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

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

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

13  registration transaction, into the Off-Highway-Vehicle

14  Revolving Trust Fund created by section 261.11, Florida

15  Statutes.

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

17  certificate of title or registration.--

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

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

20  a false statement or false or incomplete information in

21  applying for the certificate or otherwise failed to comply

22  with the applicable provisions pertaining to the application

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

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

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

26  registration gave a false statement or false or incomplete

27  information in applying for the certificate or otherwise

28  failed to comply with the applicable provisions pertaining to

29  the application for a certificate, it may cancel the

30  certificate.

31

                                  18

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






  1         (3)  The department may cancel any pending application

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

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

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

  5  after the department has given notice.

  6         Section 20.  Crimes relating to certificates of title

  7  and registration decals; penalties.--

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

  9  attempt to procure a certificate of title or duplicate

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

11  attempt to pass a certificate of title or duplicate

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

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

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

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

16  degree, punishable as provided in section 775.082, section

17  775.083, or section 775.084, Florida Statutes.

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

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

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

21  fictitious, counterfeit, stolen, or fraudulently or unlawfully

22  obtained certificate of title, duplicate certificate of title,

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

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

25  foregoing. Any person who violates this subsection is guilty

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

27  section 775.082, section 775.083, or section 775.084, Florida

28  Statutes.

29         (3)  It is unlawful:

30

31

                                  19

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

  2  off-highway vehicle or any assignment thereof or any

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

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

  5  cancellation knowing that it has been altered or forged.

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

  7  fictitious address, or make any false statement in any

  8  application or affidavit required by sections 4 through 21 or

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

10  commit a fraud in any application.

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

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

13  counterfeit, stolen, or unlawfully obtained certificate of

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

15  ownership of an off-highway vehicle.

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

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

18  vehicle which certificate is required by law to be surrendered

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

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

21  in section 775.082, section 775.083, or section 775.084,

22  Florida Statutes. A violation of this subsection with respect

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

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

25  forfeited under sections 932.701-932.704, Florida Statutes.

26         (4)  It is unlawful for any person:

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

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

29  the department.

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

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

                                  20

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






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

  2  possession has been authorized by the department.

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

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

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

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

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

  8  the department. Any person who violates this subsection is

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

10  in section 775.082, section 775.083, or section 775.084,

11  Florida Statutes.

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

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

14  through 21 for which a greater penalty is not otherwise

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

16  punishable as provided in section 775.082 or section 775.083,

17  Florida Statutes.

18         Section 22.  Section 375.315, Florida Statutes, is

19  repealed.

20         Section 23.  Subsection (2) of section 375.313, Florida

21  Statutes, is repealed.

22         Section 24.  This act shall take effect upon becoming a

23  law.

24

25

26

27

28

29

30

31

                                  21

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






    Florida House of Representatives - 2000                 HB 777

    154-272A-00






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates chapter 261, F.S., to regulate
  4    off-highway-vehicle safety and recreation to control and
      manage off-highway vehicles to ensure that there are no
  5    negative effects on the environment, wildlife habitats,
      native wildlife and native flora. The act declares that
  6    effectively managed areas and adequate facilities for the
      use of off-highway vehicles are compatible with Florida's
  7    overall recreation plan and the underlying goal of
      multiple use.
  8

  9    Creates the Florida Off-Highway-Vehicle Titling and
      Registration Act.  (See bill for details.)
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  22