Senate Bill 0780c1
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Florida Senate - 2000 CS for SB 780
By the Committee on Transportation and Senator Webster
306-2051-00
1 A bill to be entitled
2 An act relating to the operation of vehicles
3 and vessels; amending s. 213.053, F.S.;
4 authorizing the exchange of certain information
5 between the Department of Revenue and the
6 Department of Highway Safety and Motor
7 Vehicles; amending s. 234.02, F.S.; updating
8 the current allowable exception to the use of a
9 school bus; amending s. 316.193, F.S.; revising
10 penalties for subsequent convictions of driving
11 under the influence; amending s. 316.1936,
12 F.S.; defining the term "road"; revising
13 provisions relating to the possession of open
14 containers of alcoholic beverages in vehicles;
15 providing penalties; amending s. 316.212, F.S.;
16 providing that a person under the age of 14 may
17 not operate a golf cart on public roads;
18 amending s. 316.2125, F.S.; providing
19 restrictions on the operation of golf carts in
20 retirement communities; amending s. 316.613,
21 F.S.; authorizing the expenditure of certain
22 funds for safety and public awareness
23 campaigns; amending s. 318.1451, F.S.;
24 eliminating a reference to traffic law and
25 substance abuse education courses; amending s.
26 319.17, F.S.; providing for the use of
27 electronic records; amending s. 319.24;
28 revising record-retention requirements;
29 amending s. 320.031, F.S.; providing for the
30 deposit of certain fees into the Highway Safety
31 Operating Trust Fund; amending s. 320.04;
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1 providing for the deposit of certain funds into
2 the Highway Safety Operating Trust Fund;
3 amending s. 320.05, F.S.; providing for the use
4 of electronic records; amending s. 320.0605,
5 F.S.; providing for the issuance of a temporary
6 receipt for electronic registration renewal via
7 the Internet; amending s. 320.08058, F.S.;
8 revising provisions relating to the United
9 States Marine Corp License Plate; amending s.
10 320.833, F.S.; providing for the electronic
11 retention of records; amending s. 320.865,
12 F.S.; providing for the electronic retention of
13 certain records; amending s. 322.051, F.S.;
14 providing conditions for the issuance of
15 identification cards; amending s. 322.08, F.S.;
16 providing for proof of identity for the
17 issuance of driver's licenses; amending s.
18 328.15, F.S.; revising records-retention
19 requirements; amending s. 328.40, F.S.;
20 providing for electronic retention of records;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (r) is added to subsection (7) of
26 section 213.053, Florida Statutes, to read:
27 213.053 Confidentiality and information sharing.--
28 (7) Notwithstanding any other provision of this
29 section, the department may provide:
30 (r) Names, addresses, and federal employer
31 identification numbers, or such similar identifiers, to the
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1 Department of Highway Safety and Motor Vehicles for use in the
2 conduct of its official business.
3
4 Disclosure of information under this subsection shall be
5 pursuant to a written agreement between the executive director
6 and the agency. Such agencies, governmental or
7 nongovernmental, shall be bound by the same requirements of
8 confidentiality as the Department of Revenue. Breach of
9 confidentiality is a misdemeanor of the first degree,
10 punishable as provided by s. 775.082 or s. 775.083.
11 Section 2. Subsection (1) of section 234.02, Florida
12 Statutes, is amended to read:
13 234.02 Safety and health of pupils.--Maximum regard
14 for safety and adequate protection of health are primary
15 requirements that must be observed by school boards in routing
16 buses, appointing drivers, and providing and operating
17 equipment, in accordance with all requirements of law and
18 regulations of the commissioner in providing transportation
19 pursuant to s. 234.01:
20 (1) School boards shall use school buses, as defined
21 in s. 234.051, for all regular transportation. Regular
22 transportation or regular use means transportation of students
23 to and from school or school-related activities that are part
24 of a scheduled series or sequence of events to the same
25 location. "Students" means, for the purposes of this section,
26 students enrolled in the public schools in prekindergarten
27 programs through grade 12. School boards may regularly use
28 motor vehicles other than school buses only under the
29 following conditions:
30 (a) When the transportation is for physically
31 handicapped or isolated students and the district has elected
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1 to provide for the transportation of the student through
2 written or oral contracts or agreements.
3 (b) When the transportation is a part of a
4 comprehensive contract for a specialized educational program
5 between a school board and a service provider who provides
6 instruction, transportation, and other services.
7 (c) When the transportation is provided through a
8 public transit system.
9 (d) When the transportation of students is necessary
10 or practical in a motor vehicle owned or operated by a school
11 board other than a school bus, and such transportation must be
12 is provided in designated seating positions in a passenger car
13 not to exceed 8 students or in a multipurpose passenger
14 vehicle any other motor vehicle designed to transport 10 or
15 fewer persons which meets all applicable federal motor vehicle
16 safety standards for passenger cars. Multipurpose passenger
17 vehicles classified as utility vehicles with a wheelbase of
18 110 inches or less which are required by federal motor vehicle
19 standards to display a rollover warning label may not be used.
20
21 When students are transported in motor vehicles, the occupant
22 crash protection system provided by the vehicle manufacturer
23 must be used unless the student's physical condition prohibits
24 such use.
25 Section 3. Subsection (6) of section 316.193, Florida
26 Statutes, is amended to read:
27 316.193 Driving under the influence; penalties.--
28 (6) With respect to any person convicted of a
29 violation of subsection (1), regardless of any penalty imposed
30 pursuant to subsection (2), subsection (3), or subsection (4):
31
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1 (a) For the first conviction, the court shall place
2 the defendant on probation for a period not to exceed 1 year
3 and, as a condition of such probation, shall order the
4 defendant to participate in public service or a community work
5 project for a minimum of 50 hours; or the court may order
6 instead, that any defendant pay an additional fine of $10 for
7 each hour of public service or community work otherwise
8 required, if, after consideration of the residence or location
9 of the defendant at the time public service or community work
10 is required, payment of the fine is in the best interests of
11 the state. However, the total period of probation and
12 incarceration may not exceed 1 year. The court must also, as a
13 condition of probation, order the impoundment or
14 immobilization of the vehicle that was operated by or in the
15 actual control of the defendant or any one vehicle registered
16 in the defendant's name at the time of impoundment or
17 immobilization, for a period of 10 days or for the unexpired
18 term of any lease or rental agreement that expires within 10
19 days. The impoundment or immobilization must not occur
20 concurrently with the incarceration of the defendant. The
21 impoundment or immobilization order may be dismissed in
22 accordance with paragraph (e), paragraph (f), or paragraph
23 (g), or paragraph (h).
24 (b) For the second conviction for an offense that
25 occurs within a period of 5 years after the date of a prior
26 conviction for violation of this section, the court shall
27 order imprisonment for not less than 10 days. The court must
28 also, as a condition of probation, order the impoundment or
29 immobilization of all vehicles owned by the defendant the
30 vehicle that was operated by or in the actual control of the
31 defendant or any one vehicle registered in the defendant's
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1 name at the time of impoundment or immobilization, for a
2 period of 30 days or for the unexpired term of any lease or
3 rental agreement that expires within 30 days. The impoundment
4 or immobilization must not occur concurrently with the
5 incarceration of the defendant and must occur concurrently
6 with the driver's license revocation imposed under s.
7 322.28(2)(a)2. The impoundment or immobilization order may be
8 dismissed in accordance with paragraph (e), paragraph (f), or
9 paragraph (g), or paragraph (h). At least 48 hours of
10 confinement must be consecutive.
11 (c) For the third or subsequent conviction for an
12 offense that occurs within a period of 10 years after the date
13 of a prior conviction for violation of this section, the court
14 shall order imprisonment for not less than 30 days. The court
15 must also, as a condition of probation, order the impoundment
16 or immobilization of all vehicles owned by the defendant the
17 vehicle that was operated by or in the actual control of the
18 defendant or any one vehicle registered in the defendant's
19 name at the time of impoundment or immobilization, for a
20 period of 90 days or for the unexpired term of any lease or
21 rental agreement that expires within 90 days. The impoundment
22 or immobilization must not occur concurrently with the
23 incarceration of the defendant and must occur concurrently
24 with the driver's license revocation imposed under s.
25 322.28(2)(a)3. The impoundment or immobilization order may be
26 dismissed in accordance with paragraph (e), paragraph (f), or
27 paragraph (g), or paragraph (h). At least 48 hours of
28 confinement must be consecutive.
29 (d) The court must at the time of sentencing the
30 defendant issue an order for the impoundment or immobilization
31 of a vehicle. Within 7 business days after the date that the
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1 court issues the order of impoundment or immobilization, the
2 clerk of the court must send notice by certified mail, return
3 receipt requested, to the registered owner of each vehicle, if
4 the registered owner is a person other than the defendant, and
5 to each person of record claiming a lien against the vehicle.
6 (e) A person who owns but was not operating the
7 vehicle when the offense occurred may submit to the court a
8 police report indicating that the vehicle was stolen at the
9 time of the offense or documentation of having purchased the
10 vehicle after the offense was committed from an entity other
11 than the defendant or the defendant's agent. If the court
12 finds that the vehicle was stolen or that the sale was not
13 made to circumvent the order and allow the defendant continued
14 access to the vehicle, the order must be dismissed and the
15 owner of the vehicle will incur no costs. If the court denies
16 the request to dismiss the order of impoundment or
17 immobilization, the petitioner may request an evidentiary
18 hearing.
19 (f) A person who owns but was not operating the
20 vehicle when the offense occurred, and whose vehicle was
21 stolen or who purchased the vehicle after the offense was
22 committed directly from the defendant or the defendant's
23 agent, may request an evidentiary hearing to determine whether
24 the impoundment or immobilization should occur. If the court
25 finds that either the vehicle was stolen or the purchase was
26 made without knowledge of the offense, that the purchaser had
27 no relationship to the defendant other than through the
28 transaction, and that such purchase would not circumvent the
29 order and allow the defendant continued access to the vehicle,
30 the order must be dismissed and the owner of the vehicle will
31 incur no costs.
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1 (g) The court shall also dismiss the order of
2 impoundment or immobilization of the vehicle if the court
3 finds that the family of the owner of the vehicle has no other
4 private or public means of transportation.
5 (h) The court may also dismiss the order of
6 impoundment or immobilization of any vehicles that are owned
7 by the defendant but that are operated solely by the employees
8 of the defendant or any business owned by the defendant.
9 (i)(h) All costs and fees for the impoundment or
10 immobilization, including the cost of notification, must be
11 paid by the owner of the vehicle or, if the vehicle is leased
12 or rented, by the person leasing or renting the vehicle,
13 unless the impoundment or immobilization order is dismissed.
14 All provisions of s. 713.78 shall apply.
15 (j)(i) The person who owns a vehicle that is impounded
16 or immobilized under this paragraph, or a person who has a
17 lien of record against such a vehicle and who has not
18 requested a review of the impoundment pursuant to paragraph
19 (e), paragraph (f), or paragraph (g), may, within 10 days
20 after the date that person has knowledge of the location of
21 the vehicle, file a complaint in the county in which the owner
22 resides to determine whether the vehicle was wrongfully taken
23 or withheld from the owner or lienholder. Upon the filing of a
24 complaint, the owner or lienholder may have the vehicle
25 released by posting with the court a bond or other adequate
26 security equal to the amount of the costs and fees for
27 impoundment or immobilization, including towing or storage, to
28 ensure the payment of such costs and fees if the owner or
29 lienholder does not prevail. When the bond is posted and the
30 fee is paid as set forth in s. 28.24, the clerk of the court
31 shall issue a certificate releasing the vehicle. At the time
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1 of release, after reasonable inspection, the owner or
2 lienholder must give a receipt to the towing or storage
3 company indicating any loss or damage to the vehicle or to the
4 contents of the vehicle.
5 (k)(j) A defendant, in the court's discretion, may be
6 required to serve all or any portion of a term of imprisonment
7 to which the defendant has been sentenced pursuant to this
8 section in a residential alcoholism treatment program or a
9 residential drug abuse treatment program. Any time spent in
10 such a program must be credited by the court toward the term
11 of imprisonment.
12
13 For the purposes of this section, any conviction for a
14 violation of s. 327.35; a previous conviction for the
15 violation of former s. 316.1931, former s. 860.01, or former
16 s. 316.028; or a previous conviction outside this state for
17 driving under the influence, driving while intoxicated,
18 driving with an unlawful blood-alcohol level, driving with an
19 unlawful breath-alcohol level, or any other similar
20 alcohol-related or drug-related traffic offense, is also
21 considered a previous conviction for violation of this
22 section. However, in satisfaction of the fine imposed pursuant
23 to this section, the court may, upon a finding that the
24 defendant is financially unable to pay either all or part of
25 the fine, order that the defendant participate for a specified
26 additional period of time in public service or a community
27 work project in lieu of payment of that portion of the fine
28 which the court determines the defendant is unable to pay. In
29 determining such additional sentence, the court shall consider
30 the amount of the unpaid portion of the fine and the
31 reasonable value of the services to be ordered; however, the
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1 court may not compute the reasonable value of services at a
2 rate less than the federal minimum wage at the time of
3 sentencing.
4 Section 4. Subsections (1) and (2) of section
5 316.1936, Florida Statutes, are amended to read:
6 316.1936 Possession of open containers of alcoholic
7 beverages in vehicles prohibited; penalties.--
8 (1) As used in this section, the term:
9 (a) "Open container" means any container of alcoholic
10 beverage which is immediately capable of being consumed from,
11 or the seal of which has been broken.
12 (b) "Road" means a way open to travel by the public,
13 including, but not limited to, a street, highway, or alley.
14 The term includes associated sidewalks, the roadbed, the
15 right-of-way, and all culverts, drains, sluices, ditches,
16 water storage areas, embankments, slopes, retaining walls,
17 bridges, tunnels, and viaducts necessary for the maintenance
18 of travel and all ferries used in connection therewith.
19 (2)(a) It is unlawful and punishable as provided in
20 this section for any person to possess an open container of an
21 alcoholic beverage or consume an alcoholic beverage while
22 operating a vehicle in the state or while a passenger in or on
23 a vehicle being operated in the state.
24 (b) It is unlawful and punishable as provided in this
25 section for any person to possess an open container of an
26 alcoholic beverage or consume an alcoholic beverage while
27 seated in or on a motor vehicle that is parked or stopped
28 within a road as defined in this section.
29 Section 5. Section 316.212, Florida Statutes, is
30 amended to read:
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1 316.212 Operation of golf carts on certain
2 roadways.--The operation of a golf cart upon the public roads
3 or streets of this state is prohibited except as provided
4 herein:
5 (1) A golf cart may be operated only upon a county
6 road that has been designated by a county, or a city street
7 that has been designated by a city, for use by golf carts.
8 Prior to making such a designation, the responsible local
9 governmental entity must first determine that golf carts may
10 safely travel on or cross the public road or street,
11 considering factors including the speed, volume, and character
12 of motor vehicle traffic using the road or street. Upon a
13 determination that golf carts may be safely operated on a
14 designated road or street, the responsible governmental entity
15 shall post appropriate signs to indicate that such operation
16 is allowed.
17 (2) A golf cart may be operated on a part of the State
18 Highway System only under the following conditions:
19 (a) To cross a portion of the State Highway System
20 which intersects a county road or city street that has been
21 designated for use by golf carts if the Department of
22 Transportation has reviewed and approved the location and
23 design of the crossing and any traffic control devices needed
24 for safety purposes.
25 (b) To cross, at midblock, a part of the State Highway
26 System where a golf course is constructed on both sides of the
27 highway if the Department of Transportation has reviewed and
28 approved the location and design of the crossing and any
29 traffic control devices needed for safety purposes.
30 (c) A golf cart may be operated on a state road that
31 has been designated for transfer to a local government unit
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1 pursuant to s. 335.0415 if the Department of Transportation
2 determines that the operation of a golf cart within the
3 right-of-way of the road will not impede the safe and
4 efficient flow of motor vehicular traffic. The department may
5 authorize the operation of golf carts on such a road if:
6 1. The road is the only available public road along
7 which golf carts may travel or cross or the road provides the
8 safest travel route among alternative routes available; and
9 2. The speed, volume, and character of motor vehicular
10 traffic using the road is considered in making such a
11 determination.
12
13 Upon its determination that golf carts may be operated on a
14 given road, the department shall post appropriate signs on the
15 road to indicate that such operation is allowed.
16 (3) Any other provision of this section to the
17 contrary notwithstanding, a golf cart may be operated for the
18 purpose of crossing a street or highway where a single mobile
19 home park is located on both sides of the street or highway
20 and is divided by that street or highway, provided that the
21 governmental entity having original jurisdiction over such
22 street or highway shall review and approve the location of the
23 crossing and require implementation of any traffic controls
24 needed for safety purposes. This subsection shall apply only
25 to residents or guests of the mobile home park. Any other
26 provision of law to the contrary notwithstanding, if notice is
27 posted at the entrance and exit to any mobile home park that
28 residents of the park utilize golf carts or electric vehicles
29 within the confines of the park it shall not be necessary that
30 the park have a gate or other device at the entrance and exit
31
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1 in order for such golf carts or electric vehicles to be
2 lawfully operated in the park.
3 (4) A golf cart may be operated only during the hours
4 between sunrise and sunset, unless the responsible
5 governmental entity has determined that a golf cart may be
6 operated during the hours between sunset and sunrise and the
7 golf cart is equipped with headlights, brake lights, turn
8 signals, and a windshield.
9 (5) A golf cart must be equipped with efficient
10 brakes, reliable steering apparatus, safe tires, a rearview
11 mirror, and red reflectorized warning devices in both the
12 front and rear.
13 (6) A golf cart may not be operated on public roads or
14 streets by any person under the age of 14.
15 (7)(6) A violation of this section is a noncriminal
16 traffic infraction, punishable pursuant to chapter 318 as
17 either a moving violation for infractions of subsection (1),
18 subsection (2), subsection (3), or subsection (4), or as a
19 nonmoving violation for infractions of subsections subsection
20 (5) and (6).
21 Section 6. Subsection (1) of section 316.2125, Florida
22 Statutes, is amended to read:
23 316.2125 Operation of golf carts within a retirement
24 community.--
25 (1) Notwithstanding the provisions of s. 316.212, the
26 reasonable operation of a golf cart, equipped and operated as
27 provided in s. 316.212(4), (5), and (6) s. 316.212(5), within
28 any self-contained retirement community is permitted unless
29 prohibited under subsection (2).
30 Section 7. Subsection (4) of section 316.613, Florida
31 Statutes, is amended to read:
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1 316.613 Child restraint requirements.--
2 (4)(a) It is the legislative intent that all state,
3 county, and local law enforcement agencies, and safety
4 councils, in recognition of the problems with child death and
5 injury from unrestrained occupancy in motor vehicles, conduct
6 a continuing safety and public awareness campaign as to the
7 magnitude of the problem.
8 (b) The department may authorize the expenditure of
9 funds for the purchase of promotional items as part of the
10 public information and education campaigns provided for in
11 this subsection, s. 316.614, s. 322.025, and s. 403.7145.
12 Section 8. Subsection (1) of section 318.1451, Florida
13 Statutes, is amended to read:
14 318.1451 Driver improvement schools.--
15 (1) The Department of Highway Safety and Motor
16 Vehicles shall approve the courses of all driver improvement
17 schools, as the courses relate to ss. 318.14(9), 322.0261,
18 322.095, and 322.291. The chief judge of the applicable
19 judicial circuit may establish requirements regarding the
20 location of schools within the judicial circuit. A person may
21 engage in the business of operating a driver improvement
22 school that offers department-approved courses related to ss.
23 318.14(9), 322.0261, 322.095, and 322.291.
24 Section 9. Subsection (3) of section 319.17, Florida
25 Statutes, is amended to read:
26 319.17 Rules; forms; indexes and records.--
27 (3) The department shall maintain indexes of motor
28 vehicles and mobile homes by name of owner, by title number,
29 and by manufacturer's motor number or vehicle identification
30 number. The department shall keep an electronic a permanent
31 record of notices of liens and satisfactions thereof. Such
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1 indexes and records shall be open to the inspection of the
2 public at all reasonable times, except as provided in chapter
3 119.
4 Section 10. Subsections (8), (9), and (10) of section
5 319.24, Florida Statutes, are amended to read:
6 319.24 Issuance in duplicate; delivery; liens and
7 encumbrances.--
8 (8) The department shall not be required to retain on
9 file any bill of sale or duplicate thereof, notice of lien, or
10 satisfaction of lien covering any motor vehicle or mobile home
11 for a period longer than 7 years after the date of the filing
12 thereof; and thereafter the same may be destroyed.
13 (8)(9) Notwithstanding any requirements in this
14 section or in s. 319.27 indicating that a lien on a motor
15 vehicle or mobile home shall be noted on the face of the
16 Florida certificate of title, if there are one or more liens
17 or encumbrances on the motor vehicle or mobile home, the
18 department may electronically transmit the lien to the first
19 lienholder and notify the first lienholder of any additional
20 liens. Subsequent lien satisfactions may be electronically
21 transmitted to the department and shall include the name and
22 address of the person or entity satisfying the lien. When
23 electronic transmission of liens and lien satisfactions are
24 used, the issuance of a certificate of title may be waived
25 until the last lien is satisfied and a clear certificate of
26 title is issued to the owner of the vehicle. In subsequent
27 transfer of ownership of the motor vehicle it shall be
28 presumed that the motor vehicle title is subject to a lien as
29 set forth in s. 319.225(6)(a) until the title to be issued
30 pursuant to this subsection is received by the person or
31 entity satisfying the lien.
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1 (9)(10) The department shall in the sending of any
2 notice only be required to use the last known address as shown
3 by its records.
4 Section 11. Subsection (2) of section 320.031, Florida
5 Statutes, is amended to read:
6 320.031 Mailing of registration certificates, license
7 plates, and validation stickers.--
8 (2) A mail service charge may be collected for each
9 registration certificate, license plate, mobile home sticker,
10 and validation sticker mailed by the department or any tax
11 collector. Each registration certificate, license plate,
12 mobile home sticker, and validation sticker shall be mailed by
13 first-class mail unless otherwise requested by the applicant.
14 The amount of the mail service charge shall be the actual
15 postage required, rounded to the nearest 5 cents, plus a
16 25-cent handling charge. The mail service charge is in
17 addition to the service charge provided by s. 320.04. All
18 charges collected by the department under this section shall
19 be deposited into the Highway Safety Operating Trust Fund.
20 Section 12. Subsection (2) of section 320.04, Florida
21 Statutes, is amended to read:
22 320.04 Registration service charge.--
23 (2) The service charges shall be collected by the
24 department on all applications handled directly from its
25 office; and the proceeds thereof, together with any fees
26 returned to it by the tax collector, shall be paid into the
27 Highway Safety Operating Trust General Revenue Fund. No tax
28 collector, deputy tax collector, or employee of the state or
29 any county shall charge, collect, or receive any fee or
30 compensation for services performed as notary public in
31 connection with or incidental to the issuance of license
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1 plates or titles. The provisions of this subsection and of s.
2 116.38(2) prohibiting the charging, collecting, or receiving
3 of notary public fees do not apply to any privately owned
4 license plate agency appointed by the county manager of a
5 charter county which has an appointed tax collector.
6 Section 13. Subsection (2) of section 320.05, Florida
7 Statutes, is amended to read:
8 320.05 Records of the department; inspection
9 procedure; lists and searches; fees.--
10 (2) Upon receipt of an application for the
11 registration of a motor vehicle or mobile home, as herein
12 provided for, the department shall register the motor vehicle
13 or mobile home under the distinctive number assigned to such
14 motor vehicle or mobile home by the department. Electronic,
15 which registration records record shall be open to the
16 inspection of the public during business hours. Information on
17 a motor vehicle registration may not be made available to a
18 person unless the person requesting the information furnishes
19 positive proof of identification. The agency that furnishes a
20 motor vehicle registration record shall record the name and
21 address of any person other than a representative of a law
22 enforcement agency who requests and receives information from
23 a motor vehicle registration record and shall also record the
24 name and address of the person who is the subject of the
25 inquiry or other information identifying the entity about
26 which information is requested. A record of each such inquiry
27 must be maintained for a period of 6 months from the date upon
28 which the information was released to the inquirer. Nothing in
29 this section shall prohibit any financial institution,
30 insurance company, motor vehicle dealer, licensee under
31 chapter 493, attorney, or other agency which the department
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1 determines has the right to know from obtaining, for
2 professional or business use only, information in such records
3 from the department through any means of telecommunication
4 pursuant to a code developed by the department providing all
5 fees specified in subsection (3) have been paid. The
6 department shall disclose records or information to the child
7 support enforcement agency to assist in the location of
8 individuals who owe or potentially owe child support or to
9 whom such an obligation is owed pursuant to Title IV-D of the
10 Social Security Act.
11 Section 14. Section 320.0605, Florida Statutes, is
12 amended to read:
13 320.0605 Certificate of registration; possession
14 required; exception.--The registration certificate or an
15 official copy thereof, a true copy of a rental or lease
16 agreement issued for a motor vehicle or issued for a
17 replacement vehicle in the same registration period, a
18 temporary receipt printed upon self-initiated electronic
19 renewal of a registration via the Internet, or a cab card
20 issued for a vehicle registered under the International
21 Registration Plan shall, at all times while the vehicle is
22 being used or operated on the roads of this state, be in the
23 possession of the operator thereof or be carried in the
24 vehicle for which issued and shall be exhibited upon demand of
25 any authorized law enforcement officer or any agent of the
26 department. The provisions of this section do not apply during
27 the first 30 days after purchase of a replacement vehicle. A
28 violation of this section is a noncriminal traffic infraction,
29 punishable as a nonmoving violation as provided in chapter
30 318.
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1 Section 15. Subsection (29) of section 320.08058,
2 Florida Statutes, is amended to read:
3 320.08058 Specialty license plates.--
4 (29) UNITED STATES MARINE CORPS LICENSE PLATES.--
5 (a) The department shall develop a United States
6 Marine Corps license plate as provided in this section. The
7 word "Florida" must appear at the top center of the plate, and
8 the words "Marine Corps" "First to Fight" must appear at the
9 bottom center of the plate. The United States Marine Corps
10 logo, 3 inches in diameter, must appear on the left side
11 centered top to bottom of the plate in proper colors.
12 (b) The department shall distribute the United States
13 Marine Corps license plate annual use fees in the following
14 manner:
15 1. The first $50,000 collected annually shall be
16 deposited in the State Homes for Veterans Trust Fund and must
17 be used solely for the purpose of constructing, operating, and
18 maintaining domiciliary and nursing homes for veterans subject
19 to the requirements of chapter 216.
20 2. Any additional fees collected annually shall be
21 deposited in the Marine Corps Scholarship Foundation, Inc.,
22 successor to the USMC USMV Tag/Scholarship Fund, Inc., which
23 shall use the fees to fund scholarships and assist Marine
24 Corps Junior ROTC and Young Marine programs of this state. The
25 foundation shall develop a plan to distribute the funds to
26 recipients nominated by residents of the state to receive
27 scholarships, and to the Marine Corps Junior ROTC and Young
28 Marine programs in the state.
29 Section 16. Section 320.833, Florida Statutes, is
30 amended to read:
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1 320.833 Retention, destruction, and reproduction of
2 records; electronic retention.--Records and documents of the
3 Department of Highway Safety and Motor Vehicles, created in
4 compliance with, and in the implementation of, chapter 319 and
5 this chapter, shall be retained by the department as specified
6 in record retention schedules established under the general
7 provisions of chapter 119. Further, the department is hereby
8 authorized:
9 (1) To destroy, or otherwise dispose of, those records
10 and documents, in conformity with the approved retention
11 schedules.
12 (2) To photograph, microphotograph, or reproduce on
13 film, as authorized and directed by the approved retention
14 schedules, whereby each page will be exposed in exact
15 conformity with the original records and documents retained in
16 compliance with the provisions of this section. Photographs
17 or microphotographs in the form of film or print of any
18 records, made in compliance with the provisions of this
19 section, shall have the same force and effect as the originals
20 thereof would have and shall be treated as originals for the
21 purpose of their admissibility in evidence. Duly certified or
22 authenticated reproductions of such photographs or
23 microphotographs shall be admitted in evidence equally with
24 the original photographs or microphotographs.
25 (3) Beginning December 1, 2001, the department may
26 maintain all records required or obtained in compliance with,
27 and in the implementation of, chapter 319 and this chapter
28 exclusively by electronic means.
29 Section 17. Section 320.865, Florida Statutes, is
30 amended to read:
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1 320.865 Maintenance of records by the
2 department.--Beginning December 1, 2001, the department shall
3 maintain electronic uniform records of all complaints filed
4 against licensees licensed under the provisions of ss. 320.27,
5 320.61, 320.77, 320.771, and 320.8225, any other provision of
6 this chapter to the contrary notwithstanding. The records
7 shall contain all enforcement actions taken against licensees
8 and against unlicensed persons acting in a capacity which
9 would require them to be licensed under those sections. The
10 electronic permanent file of each licensee and unlicensed
11 person shall contain a record of any complaints filed against
12 him or her and a record of any enforcement actions taken
13 against him or her. All complaints and satisfactions thereof
14 and enforcement actions on each licensee and unlicensed person
15 shall be entered into the central database in such a manner
16 that rapid retrieval will be facilitated. The complainant and
17 the referring agency, if there is one, shall be advised of the
18 disposition by the department of the complaint within 10 days
19 of such action.
20 Section 18. Paragraph (a) of subsection (1) of section
21 322.051, Florida Statutes, is amended to read:
22 322.051 Identification cards.--
23 (1)
24 (a) Each such application shall include the following
25 information regarding the applicant:
26 1. Full name (first, middle or maiden, and last),
27 gender, social security card number, residence and mailing
28 address, and a brief description.
29 2. Proof of birth date satisfactory to the department.
30 3. Proof of identity satisfactory to the department.
31 Such proof must include one of the following unless a driver's
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1 license record or identification card record has already been
2 established, including one of the following: a certified copy
3 of a United States birth certificate, a valid United States
4 passport, an alien registration receipt card (green card), an
5 employment authorization card issued by the United States
6 Department of Justice, or proof of nonimmigrant classification
7 provided by the United States Department of Justice, for an
8 original identification card.
9 Section 19. Paragraph (c) of subsection (2) of section
10 322.08, Florida Statutes, is amended to read:
11 322.08 Application for license.--
12 (2) Each such application shall include the following
13 information regarding the applicant:
14 (c) Proof of identity satisfactory to the department.
15 Such proof must include one of the following unless a driver's
16 license record or identification card record has already been
17 established, including one of the following: a certified copy
18 of a United States birth certificate, a valid United States
19 passport, an alien registration receipt card (green card), an
20 employment authorization card issued by the United States
21 Department of Justice, or proof of nonimmigrant classification
22 provided by the United States Department of Justice, for an
23 original license.
24 Section 20. Subsection (10) of section 328.15, Florida
25 Statutes, is repealed.
26 Section 21. Subsections (2) and (3) of section 328.40,
27 Florida Statutes, are amended to read:
28 328.40 Administration of vessel registration and
29 titling laws; records.--
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1 (2) The Department of Highway Safety and Motor
2 Vehicles shall keep electronic records and perform such other
3 clerical duties as required pertaining to:
4 (a) Vessel registration and titling.
5 (b) Suspension of the vessel operating privilege under
6 ss. 327.35-327.355.
7 (3) All records made or kept by the Department of
8 Highway Safety and Motor Vehicles under this law are public
9 records except for confidential reports.
10 Section 22. Except as otherwise provided in this act,
11 this act shall take effect October 1, 2000.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 780
3
4 The CS authorizes the Department of Revenue to provide certain
taxpayer information to DHSMV for use in the conduct of its
5 official business.
6 The CS provides for an allowable exception to the use of a
school bus. Allows the use of minivans in transporting
7 students for extracurricular activities.
8 The CS provides that an individual convicted of a second or
subsequent offense of driving while intoxicated or driving
9 under the influence shall be subject to the impoundment or
immobilization of all vehicles owned by the repeat intoxicated
10 driver. Current Florida law provides for the impoundment or
immobilization of the vehicle that was operated by the
11 individual or any one vehicle registered in the individual's
name. This revision would bring state law into compliance
12 with the requirements of the TEA-21 and avoid the loss of
$13.2 million in federal construction funds.
13
The CS prohibits the possession of any open alcoholic beverage
14 container, or the consumption of any alcoholic beverage, in
the passenger area of any motor vehicle located on a public
15 roadway or the right-of-way of a public roadway. Current
Florida law provides that it is unlawful to possess an open
16 container of an alcoholic beverage in a motor vehicle while
the vehicle is being operated. This revision would bring
17 state law into compliance with the requirements of the TEA-21
and avoid the loss of $13.2 million in federal construction
18 funds. The Department of Transportation anticipates that this
provision will be interpreted to include, for example, the
19 shoulders of a roadway or parking spaces along the side of the
roadway, but would not include parking lots where tailgate
20 parties would typically occur.
21 The CS provides that a golf cart may not be operated on a
public road by a person under the age of 14.
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The CS requires retirement communities to adhere to night-time
23 golf cart safety requirements.
24 The CS provides that DHSMV must keep an electronic record of
notices of liens and satisfactions.
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The CS deletes provision requiring DHSMV to keep certain
26 documents on file for 7 years.
27 The CS provides that all charges collected from a mail service
charge will be deposited into the Highway Safety Operating
28 Trust Fund.
29 The CS provides that for registration transactions handled by
DHSMV the $2.50 registration service charge is to be deposited
30 into the Highway Safety Operating Trust Fund rather than
general revenue.
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The CS authorizes the use of electronic registration records
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1 for motor vehicles.
2 The CS authorizes the issuance of a temporary receipt printed
on self-initiated electronic renewal of a registration via the
3 Internet as sufficient proof of motor vehicle registration.
4 The CS revises the Marine Corps license plate to change the
language appearing on the plate from "first to fight" to
5 "Marine Corps", and add the Young Marine program as a
beneficiary of license plate funds.
6
The CS provides that effective December 31, 2001, DHSMV is
7 authorized to retain all records by electronic means.
8 The CS provides that beginning December 31, 2001, DHSMV is to
maintain an electronic record of complaints against certain
9 licenses.
10 The CS provides identification card applicants with
established driver's license records need not resubmit primary
11 identification documents for an identification card.
12 The CS provides driver's license applicants with established
identification card records need not resubmit primary
13 identification documents for a driver's license.
14 The CS deletes a provision requiring DHSMV to keep certain
documents on file for 7 years.
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The CS authorizes DHSMV to maintain certain electronic
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