House Bill 0777c1

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    Florida House of Representatives - 2000              CS/HB 777

        By the Committee on Agriculture and Representatives Goode
    and Kelly





  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;

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  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; amending s.

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

16         off-road vehicles; providing an effective date.

17

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

19

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

21  section 215.22, Florida Statutes, to read:

22         215.22  Certain income and certain trust funds

23  exempt.--

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

25  following trust funds shall be exempt from the deduction

26  required by s. 215.20(1):

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

28         Section 2.  Chapter 261, Florida Statutes, consisting

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

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

31  created to read:

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  1         261.01  Short title.--This chapter may be cited as the

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

  3         261.02  Legislative intent.--

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

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

  6  that the use of these vehicles should be controlled and

  7  managed to minimize negative effects on the environment,

  8  wildlife habitats, native wildlife, and native flora.

  9         (2)  The Legislature declares that effectively managed

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

11  vehicles are compatible with this state's overall recreation

12  plan and the underlying goal of multiple use.

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

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

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

16  manner consistent with this chapter, in particular to maintain

17  sustained long-term use.

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

19  facilities, and opportunities be provided and managed pursuant

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

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

22  term:

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

24  Vehicle Recreation Advisory Committee created by s. 261.04.

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

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

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

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

29  straddled by the operator and handlebars for steering control,

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

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

  2  and Consumer Services.

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

  4  Department of Agriculture and Consumer Services.

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

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

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

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

  9  ground, but excludes a tractor or a moped.

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

11  off the roads or highways of this state for recreational

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

13  use under chapter 320.

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

15  Program.

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

17  recreation areas and trails within the state.

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

19  Revolving Trust Fund" created by s. 261.11.

20         261.04  Creation of the Off-Highway-Vehicle Recreation

21  Advisory Committee; members; appointment.--

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

23  Committee is created within the Division of Forestry and

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

25  Commissioner of Agriculture. The appointees shall include one

26  representative of the Department of Agriculture and Consumer

27  Services, one representative of the Department of Highway

28  Safety and Motor Vehicles, one representative of the

29  Department of Environmental Protection's Office of Greenways

30  and Trails, one representative of the Fish and Wildlife

31  Conservation Commission, one representative of a licensed

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

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

  3  appointments, the commissioner shall consider the places of

  4  residence of the members to ensure statewide representation.

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

  6  committee is 2 years. The members first appointed shall

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

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

  9  June 30, 2003.

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

11  commissioner shall appoint a successor member for the

12  unexpired portion of the term.

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

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

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

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

17  necessary expenses incurred in the performance of their

18  duties.

19         261.05  Duties and responsibilities of the

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

21         (1)  The advisory committee shall establish policies to

22  guide the department regarding the off-highway-vehicle

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

24  recreation areas and trails.

25         (2)  The advisory committee shall make recommendations

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

27  training, and rider-education programs.

28         (3)  The advisory committee shall be fully informed

29  regarding all governmental activities affecting the program.

30

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

  2  and locations throughout the state to receive comments on the

  3  implementation of the program.

  4         (5)  The advisory committee shall review and make

  5  recommendations annually regarding the department's proposed

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

  7  providing funds to match grant funds available from other

  8  sources.

  9         (6)  The advisory committee shall make recommendations

10  regarding all capital outlay expenditures from the trust fund

11  proposed for inclusion in the budget.

12         (7)  The advisory committee shall review grant

13  applications submitted by any governmental agency or entity

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

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

16  trails within the state. The advisory committee shall

17  recommend to the department approval or denial of such grant

18  applications based upon criteria established by the advisory

19  committee.

20         261.06  Functions, duties, and responsibilities of the

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

22  responsibilities of the department through the division:

23         (1)  The planning, acquisition, development,

24  construction, conservation, and rehabilitation of lands in and

25  for the system.

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

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

28  enforcement and appropriate public safety activities.

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

30  advisory committee's budget recommendations.

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  1         (4)  Implementation of the program, including the

  2  ultimate approval of grant applications submitted by

  3  governmental agencies.

  4         (5)  Ensuring compliance with environmental laws and

  5  regulations of the program and lands in the system.

  6         (6)  The implementation of the policies established by

  7  the advisory committee.

  8         (7)  Provision of staff assistance to the advisory

  9  committee.

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

11  be included in, the system.

12         (9)  Conducting surveys and the preparation of studies

13  as are necessary or desirable for implementing the program.

14         (10)  Recruitment and utilization of volunteers to

15  further the program.

16         261.07  Publication and sale of guidebook;

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

18  department shall publish a guidebook, including the text of

19  this chapter, other laws and regulations relating to the

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

21  guidebook may include other public areas, trails, and

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

23  must include information regarding the responsibility of users

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

25  regulations including particular provisions and other

26  information intended to prevent trespass and damage to public

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

28  cost to facilitate the broadest possible distribution and must

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

30  preparation, printing, and distribution.

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  1         261.08  Repair, maintenance, and restoration of areas,

  2  trails, and lands.--

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

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

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

  6  management of the system. Accordingly, the department shall

  7  promptly repair and continuously maintain areas and trails,

  8  anticipate and prevent accelerated and unnatural erosion, and

  9  restore lands damaged by erosion to the extent possible.

10         (2)  The department shall monitor the condition of

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

12  determine whether there is compliance with applicable

13  environmental laws and regulations.

14         261.09  Contracts and agreements.--The department may

15  contract with private persons or entities and enter into

16  cooperative agreements with other public agencies for the care

17  and maintenance of lands in the system, including contracts

18  for law enforcement services with public agencies having law

19  enforcement powers.

20         261.10  Criteria for recreation areas and

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

22  shall consist of corridors that are designated and maintained

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

24  generally suitable or maintained for normal travel by

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

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

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

28  selected and managed in accordance with this chapter.

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

30  Statutes, is amended to read:

31         316.2074  All-terrain vehicles.--

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

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

  3  (1270 mm) or less in width, having a dry weight of 900 600

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

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

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

  7  straddled by the operator, and having handlebars for steering

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

  9  passenger.

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

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

12  and Registration Act."

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

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

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

16  vehicles operated on public lands be titled and issued a

17  certificate of title to allow for easy determination of

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

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

20  registered and issued a registration decal containing a

21  registration identification number to provide funding for the

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

23  recreation areas and trails within the state.

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

25  21, the term:

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

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

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

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

30  straddled by the operator and handlebars for steering control,

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

  2  passenger.

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

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

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

  6  sales tax certificate of registration issued by the Department

  7  of Revenue and a valid commercial or occupational license

  8  required by any county, municipality, or political subdivision

  9  of the state in which the person operates.

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

11  Safety and Motor Vehicles.

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

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

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

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

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

17  homestead tax exemption on property in this state.

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

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

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

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

22  ground, but excludes a tractor or a moped.

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

24  off the roads or highways of this state for recreational

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

26  pursuant to chapter 320.

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

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

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

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

31  person, reserved or created by agreement and securing payment

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

  2  lessee under a lease not intended as security.

  3         Section 7.  Administration of off-highway-vehicle

  4  titling and registration laws; records.--

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

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

  7  Department of Highway Safety and Motor Vehicles, which shall

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

  9  off-highway-vehicle titling and registration applications and

10  certificates, including the receipt and accounting of

11  off-highway-vehicle titling and registration fees.

12         (2)  The department shall keep records and perform

13  other clerical duties pertaining to off-highway-vehicle

14  titling and registration as required.

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

16         (1)  The department may adopt rules under section

17  120.536(1), Florida Statutes, and section 120.54, Florida

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

19  registration, to implement the provisions of sections 4

20  through 21 conferring duties upon it.

21         (2)  The department shall prescribe and provide

22  suitable forms for applications and other notices and forms

23  necessary to administer the provisions of sections 4 through

24  21.

25         Section 9.  Certificate of title required.--

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

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

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

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

30  through 21.

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

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

  3  the purchaser or transferee a valid certificate of title with

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

  5  purchaser or transferee. A person may not purchase or

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

  7  without obtaining a certificate of title for the vehicle in

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

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

10  application for a title transfer with the county tax

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

12  purchaser or transferee who files a title transfer application

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

14  $5 of the additional amount.

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

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

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

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

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

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

21  destruction or abandonment, surrender to the department all

22  title documents for cancellation.

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

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

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

26  record his or her valid sales tax certificate of registration

27  number.

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

29  $3.75 service fee to be retained by the county tax collector.

30  The remainder of the fees collected by the county tax

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

  2  the department.

  3         Section 10.  Application for and issuance of

  4  certificate of title.--

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

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

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

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

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

10  application must be signed by the owner and must be

11  accompanied by a fee of $29.

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

13  owner submitting with the application an executed bill of

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

15  ownership for off-highway vehicles purchased before the

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

17  to the department.

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

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

20  department the last title document issued for that vehicle.

21  The document must be properly executed. Proper execution

22  includes the previous owner's signature and certification that

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

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

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

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

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

28  lienholder has knowledge of and consents to the transfer of

29  title to the new owner.

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

31  transfer must include payment of the applicable state sales

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

  2  vehicles purchased or transferred before the effective date of

  3  this act.

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

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

  6  the department shall issue a certificate of title that states

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

  8  suitable for highway use.

  9         Section 11.  Duplicate certificate of title.--

10         (1)  The department may issue a duplicate certificate

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

12  a certificate if the department is satisfied that the original

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

14  $15 shall be charged for issuing a duplicate certificate.

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

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

17  a duplicate certificate of title. Application for such

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

19  department shall issue each certificate of title applied for

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

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

22  written request by the applicant.

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

24  duplicate, or corrected certificate of title by the

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

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

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

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

29  department for reissuance of the certificate of title. An

30  additional fee may not be charged for reissuance under this

31  subsection.

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

  2  that the application is signed by a person authorized to

  3  receive a duplicate title certificate under this section if

  4  the address shown on the application is different from the

  5  address shown for the applicant on the records of the

  6  department.

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

  8  furnished.--

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

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

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

12  accompanied by an English translation if the vehicle was

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

14  by an authorized representative of the manufacturer, indicate

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

16  complete description of the vehicle, and contain as many

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

18  purchaser.

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

20  manufacturer, manufacturer's representative, or dealer to

21  issue a manufacturer's certificate of origin describing an

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

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

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

25  obtain a certificate of origin with the knowledge that the

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

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

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

29  775.082, section 775.083, or section 775.084, Florida

30  Statutes.

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

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

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

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

  5         Section 14.  Application for and issuance of

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

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

  8  requires registration in this state must file a registration

  9  application with the county tax collector.

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

11  address, residency status, a Florida identification card

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

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

14  accompanied by a fee of $25.

15         (b)  Proof of ownership must be established by

16  presenting a title for the off-highway vehicle.

17         (2)  The department shall issue a certificate of

18  registration and a registration number upon submittal of a

19  complete application and compliance with the other

20  requirements of this section. The certificate of registration

21  does not constitute a license.

22         (3)  The department shall furnish with each

23  registration certificate issued, a decal signifying the years

24  during which the certificate is valid and containing the

25  assigned registration number, and such decal must be affixed

26  to the rear of the off-highway vehicle.

27         Section 15.  Registration period and reregistration by

28  mail.--

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

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

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

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  1  certificate of registration, the certificate is valid through

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

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

  4         (2)  The department shall provide for annual

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

  6  county tax collector's office or by mail.

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

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

  9  the transfer of any whole or partial interest in an

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

11  the destruction or abandonment of such vehicle within 30 days

12  thereof. The certificate expires upon such transfer,

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

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

15  vehicle.

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

17  notify the department or the county tax collector within 30

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

19  on the certificate and must furnish the department or the

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

21  provide by rule for the surrender of the certificate bearing

22  the former address and for its replacement with a new

23  certificate bearing the new address or for the alteration of

24  an outstanding certificate to show the new address of the

25  holder.

26         Section 17.  Duplicate registration certificate or

27  decal, service fees.--

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

29  certificate or decal to replace a lost or misplaced

30  certificate or decal may be obtained from the county tax

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

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

  2  person authorized by the owner.

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

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

  5  tax collector for each registration certificate or decal

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

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

  8  department.

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

10  registration or reregistration mailed by the department or any

11  tax collector. All registrations and reregistrations must be

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

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

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

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

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

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

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

19  registration transaction, into the Off-Highway-Vehicle

20  Revolving Trust Fund created by section 261.11, Florida

21  Statutes.

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

23  certificate of title or registration.--

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

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

26  a false statement or false or incomplete information in

27  applying for the certificate or otherwise failed to comply

28  with the applicable provisions pertaining to the application

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

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

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

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  1  registration gave a false statement or false or incomplete

  2  information in applying for the certificate or otherwise

  3  failed to comply with the applicable provisions pertaining to

  4  the application for a certificate, it may cancel the

  5  certificate.

  6         (3)  The department may cancel any pending application

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

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

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

10  after the department has given notice.

11         Section 20.  Crimes relating to certificates of title

12  and registration decals; penalties.--

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

14  attempt to procure a certificate of title or duplicate

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

16  attempt to pass a certificate of title or duplicate

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

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

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

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

21  degree, punishable as provided in section 775.082, section

22  775.083, or section 775.084, Florida Statutes.

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

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

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

26  fictitious, counterfeit, stolen, or fraudulently or unlawfully

27  obtained certificate of title, duplicate certificate of title,

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

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

30  foregoing. Any person who violates this subsection is guilty

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

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  1  section 775.082, section 775.083, or section 775.084, Florida

  2  Statutes.

  3         (3)  It is unlawful:

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

  5  off-highway vehicle or any assignment thereof or any

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

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

  8  cancellation knowing that it has been altered or forged.

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

10  fictitious address, or make any false statement in any

11  application or affidavit required by sections 4 through 21 or

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

13  commit a fraud in any application.

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

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

16  counterfeit, stolen, or unlawfully obtained certificate of

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

18  ownership of an off-highway vehicle.

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

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

21  vehicle which certificate is required by law to be surrendered

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

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

24  in section 775.082, section 775.083, or section 775.084,

25  Florida Statutes. A violation of this subsection with respect

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

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

28  forfeited under sections 932.701-932.704, Florida Statutes.

29         (4)  It is unlawful for any person:

30

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

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

  3  the department.

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

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

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

  7  possession has been authorized by the department.

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

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

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

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

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

13  the department. Any person who violates this subsection is

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

15  in section 775.082, section 775.083, or section 775.084,

16  Florida Statutes.

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

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

19  through 21 for which a greater penalty is not otherwise

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

21  punishable as provided in section 775.082 or section 775.083,

22  Florida Statutes.

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

24  Statutes, is amended to read:

25         375.315  Registration of off-road vehicles.--

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

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

28  and not otherwise required to be registered pursuant to the

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

30  be registered as provided in this section.

31

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

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