Senate Bill 0780e1
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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;
1
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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 amending s. 715.05, F.S.; deleting requirements
22 that notices of unclaimed motor vehicles be
23 submitted to insurance companies; amending s.
24 316.211, F.S.; exempting persons of a specified
25 age from certain motorcycle safety equipment
26 requirements; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (r) is added to subsection (7) of
31 section 213.053, Florida Statutes, to read:
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1 213.053 Confidentiality and information sharing.--
2 (7) Notwithstanding any other provision of this
3 section, the department may provide:
4 (r) Names, addresses, and federal employer
5 identification numbers, or such similar identifiers, to the
6 Department of Highway Safety and Motor Vehicles for use in the
7 conduct of its official business.
8
9 Disclosure of information under this subsection shall be
10 pursuant to a written agreement between the executive director
11 and the agency. Such agencies, governmental or
12 nongovernmental, shall be bound by the same requirements of
13 confidentiality as the Department of Revenue. Breach of
14 confidentiality is a misdemeanor of the first degree,
15 punishable as provided by s. 775.082 or s. 775.083.
16 Section 2. Subsection (1) of section 234.02, Florida
17 Statutes, is amended to read:
18 234.02 Safety and health of pupils.--Maximum regard
19 for safety and adequate protection of health are primary
20 requirements that must be observed by school boards in routing
21 buses, appointing drivers, and providing and operating
22 equipment, in accordance with all requirements of law and
23 regulations of the commissioner in providing transportation
24 pursuant to s. 234.01:
25 (1) School boards shall use school buses, as defined
26 in s. 234.051, for all regular transportation. Regular
27 transportation or regular use means transportation of students
28 to and from school or school-related activities that are part
29 of a scheduled series or sequence of events to the same
30 location. "Students" means, for the purposes of this section,
31 students enrolled in the public schools in prekindergarten
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1 programs through grade 12. School boards may regularly use
2 motor vehicles other than school buses only under the
3 following conditions:
4 (a) When the transportation is for physically
5 handicapped or isolated students and the district has elected
6 to provide for the transportation of the student through
7 written or oral contracts or agreements.
8 (b) When the transportation is a part of a
9 comprehensive contract for a specialized educational program
10 between a school board and a service provider who provides
11 instruction, transportation, and other services.
12 (c) When the transportation is provided through a
13 public transit system.
14 (d) When the transportation of students is necessary
15 or practical in a motor vehicle owned or operated by a school
16 board other than a school bus, and such transportation must be
17 is provided in designated seating positions in a passenger car
18 not to exceed 8 students or in a multipurpose passenger
19 vehicle any other motor vehicle designed to transport 10 or
20 fewer persons which meets all applicable federal motor vehicle
21 safety standards for passenger cars. Multipurpose passenger
22 vehicles classified as utility vehicles with a wheelbase of
23 110 inches or less which are required by federal motor vehicle
24 standards to display a rollover warning label may not be used.
25
26 When students are transported in motor vehicles, the occupant
27 crash protection system provided by the vehicle manufacturer
28 must be used unless the student's physical condition prohibits
29 such use.
30 Section 3. Subsection (6) of section 316.193, Florida
31 Statutes, is amended to read:
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1 316.193 Driving under the influence; penalties.--
2 (6) With respect to any person convicted of a
3 violation of subsection (1), regardless of any penalty imposed
4 pursuant to subsection (2), subsection (3), or subsection (4):
5 (a) For the first conviction, the court shall place
6 the defendant on probation for a period not to exceed 1 year
7 and, as a condition of such probation, shall order the
8 defendant to participate in public service or a community work
9 project for a minimum of 50 hours; or the court may order
10 instead, that any defendant pay an additional fine of $10 for
11 each hour of public service or community work otherwise
12 required, if, after consideration of the residence or location
13 of the defendant at the time public service or community work
14 is required, payment of the fine is in the best interests of
15 the state. However, the total period of probation and
16 incarceration may not exceed 1 year. The court must also, as a
17 condition of probation, order the impoundment or
18 immobilization of the vehicle that was operated by or in the
19 actual control of the defendant or any one vehicle registered
20 in the defendant's name at the time of impoundment or
21 immobilization, for a period of 10 days or for the unexpired
22 term of any lease or rental agreement that expires within 10
23 days. The impoundment or immobilization must not occur
24 concurrently with the incarceration of the defendant. The
25 impoundment or immobilization order may be dismissed in
26 accordance with paragraph (e), paragraph (f), or paragraph
27 (g), or paragraph (h).
28 (b) For the second conviction for an offense that
29 occurs within a period of 5 years after the date of a prior
30 conviction for violation of this section, the court shall
31 order imprisonment for not less than 10 days. The court must
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1 also, as a condition of probation, order the impoundment or
2 immobilization of all vehicles owned by the defendant the
3 vehicle that was operated by or in the actual control of the
4 defendant or any one vehicle registered in the defendant's
5 name at the time of impoundment or immobilization, for a
6 period of 30 days or for the unexpired term of any lease or
7 rental agreement that expires within 30 days. The impoundment
8 or immobilization must not occur concurrently with the
9 incarceration of the defendant and must occur concurrently
10 with the driver's license revocation imposed under s.
11 322.28(2)(a)2. The impoundment or immobilization order may be
12 dismissed in accordance with paragraph (e), paragraph (f), or
13 paragraph (g), or paragraph (h). At least 48 hours of
14 confinement must be consecutive.
15 (c) For the third or subsequent conviction for an
16 offense that occurs within a period of 10 years after the date
17 of a prior conviction for violation of this section, the court
18 shall order imprisonment for not less than 30 days. The court
19 must also, as a condition of probation, order the impoundment
20 or immobilization of all vehicles owned by the defendant the
21 vehicle that was operated by or in the actual control of the
22 defendant or any one vehicle registered in the defendant's
23 name at the time of impoundment or immobilization, for a
24 period of 90 days or for the unexpired term of any lease or
25 rental agreement that expires within 90 days. The impoundment
26 or immobilization must not occur concurrently with the
27 incarceration of the defendant and must occur concurrently
28 with the driver's license revocation imposed under s.
29 322.28(2)(a)3. The impoundment or immobilization order may be
30 dismissed in accordance with paragraph (e), paragraph (f), or
31
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1 paragraph (g), or paragraph (h). At least 48 hours of
2 confinement must be consecutive.
3 (d) The court must at the time of sentencing the
4 defendant issue an order for the impoundment or immobilization
5 of a vehicle. Within 7 business days after the date that the
6 court issues the order of impoundment or immobilization, the
7 clerk of the court must send notice by certified mail, return
8 receipt requested, to the registered owner of each vehicle, if
9 the registered owner is a person other than the defendant, and
10 to each person of record claiming a lien against the vehicle.
11 (e) A person who owns but was not operating the
12 vehicle when the offense occurred may submit to the court a
13 police report indicating that the vehicle was stolen at the
14 time of the offense or documentation of having purchased the
15 vehicle after the offense was committed from an entity other
16 than the defendant or the defendant's agent. If the court
17 finds that the vehicle was stolen or that the sale was not
18 made to circumvent the order and allow the defendant continued
19 access to the vehicle, the order must be dismissed and the
20 owner of the vehicle will incur no costs. If the court denies
21 the request to dismiss the order of impoundment or
22 immobilization, the petitioner may request an evidentiary
23 hearing.
24 (f) A person who owns but was not operating the
25 vehicle when the offense occurred, and whose vehicle was
26 stolen or who purchased the vehicle after the offense was
27 committed directly from the defendant or the defendant's
28 agent, may request an evidentiary hearing to determine whether
29 the impoundment or immobilization should occur. If the court
30 finds that either the vehicle was stolen or the purchase was
31 made without knowledge of the offense, that the purchaser had
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1 no relationship to the defendant other than through the
2 transaction, and that such purchase would not circumvent the
3 order and allow the defendant continued access to the vehicle,
4 the order must be dismissed and the owner of the vehicle will
5 incur no costs.
6 (g) The court shall also dismiss the order of
7 impoundment or immobilization of the vehicle if the court
8 finds that the family of the owner of the vehicle has no other
9 private or public means of transportation.
10 (h) The court may also dismiss the order of
11 impoundment or immobilization of any vehicles that are owned
12 by the defendant but that are operated solely by the employees
13 of the defendant or any business owned by the defendant.
14 (i)(h) All costs and fees for the impoundment or
15 immobilization, including the cost of notification, must be
16 paid by the owner of the vehicle or, if the vehicle is leased
17 or rented, by the person leasing or renting the vehicle,
18 unless the impoundment or immobilization order is dismissed.
19 All provisions of s. 713.78 shall apply.
20 (j)(i) The person who owns a vehicle that is impounded
21 or immobilized under this paragraph, or a person who has a
22 lien of record against such a vehicle and who has not
23 requested a review of the impoundment pursuant to paragraph
24 (e), paragraph (f), or paragraph (g), may, within 10 days
25 after the date that person has knowledge of the location of
26 the vehicle, file a complaint in the county in which the owner
27 resides to determine whether the vehicle was wrongfully taken
28 or withheld from the owner or lienholder. Upon the filing of a
29 complaint, the owner or lienholder may have the vehicle
30 released by posting with the court a bond or other adequate
31 security equal to the amount of the costs and fees for
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1 impoundment or immobilization, including towing or storage, to
2 ensure the payment of such costs and fees if the owner or
3 lienholder does not prevail. When the bond is posted and the
4 fee is paid as set forth in s. 28.24, the clerk of the court
5 shall issue a certificate releasing the vehicle. At the time
6 of release, after reasonable inspection, the owner or
7 lienholder must give a receipt to the towing or storage
8 company indicating any loss or damage to the vehicle or to the
9 contents of the vehicle.
10 (k)(j) A defendant, in the court's discretion, may be
11 required to serve all or any portion of a term of imprisonment
12 to which the defendant has been sentenced pursuant to this
13 section in a residential alcoholism treatment program or a
14 residential drug abuse treatment program. Any time spent in
15 such a program must be credited by the court toward the term
16 of imprisonment.
17
18 For the purposes of this section, any conviction for a
19 violation of s. 327.35; a previous conviction for the
20 violation of former s. 316.1931, former s. 860.01, or former
21 s. 316.028; or a previous conviction outside this state for
22 driving under the influence, driving while intoxicated,
23 driving with an unlawful blood-alcohol level, driving with an
24 unlawful breath-alcohol level, or any other similar
25 alcohol-related or drug-related traffic offense, is also
26 considered a previous conviction for violation of this
27 section. However, in satisfaction of the fine imposed pursuant
28 to this section, the court may, upon a finding that the
29 defendant is financially unable to pay either all or part of
30 the fine, order that the defendant participate for a specified
31 additional period of time in public service or a community
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1 work project in lieu of payment of that portion of the fine
2 which the court determines the defendant is unable to pay. In
3 determining such additional sentence, the court shall consider
4 the amount of the unpaid portion of the fine and the
5 reasonable value of the services to be ordered; however, the
6 court may not compute the reasonable value of services at a
7 rate less than the federal minimum wage at the time of
8 sentencing.
9 Section 4. Subsections (1) and (2) of section
10 316.1936, Florida Statutes, are amended to read:
11 316.1936 Possession of open containers of alcoholic
12 beverages in vehicles prohibited; penalties.--
13 (1) As used in this section, the term:
14 (a) "Open container" means any container of alcoholic
15 beverage which is immediately capable of being consumed from,
16 or the seal of which has been broken.
17 (b) "Road" means a way open to travel by the public,
18 including, but not limited to, a street, highway, or alley.
19 The term includes associated sidewalks, the roadbed, the
20 right-of-way, and all culverts, drains, sluices, ditches,
21 water storage areas, embankments, slopes, retaining walls,
22 bridges, tunnels, and viaducts necessary for the maintenance
23 of travel and all ferries used in connection therewith.
24 (2)(a) It is unlawful and punishable as provided in
25 this section for any person to possess an open container of an
26 alcoholic beverage or consume an alcoholic beverage while
27 operating a vehicle in the state or while a passenger in or on
28 a vehicle being operated in the state.
29 (b) It is unlawful and punishable as provided in this
30 section for any person to possess an open container of an
31 alcoholic beverage or consume an alcoholic beverage while
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1 seated in or on a motor vehicle that is parked or stopped
2 within a road as defined in this section. Notwithstanding the
3 prohibition contained in this section, passengers in vehicles
4 designed, maintained, and used primarily for the
5 transportation of persons for compensation and in motor homes
6 are exempt.
7 Section 5. Section 316.212, Florida Statutes, is
8 amended to read:
9 316.212 Operation of golf carts on certain
10 roadways.--The operation of a golf cart upon the public roads
11 or streets of this state is prohibited except as provided
12 herein:
13 (1) A golf cart may be operated only upon a county
14 road that has been designated by a county, or a city street
15 that has been designated by a city, for use by golf carts.
16 Prior to making such a designation, the responsible local
17 governmental entity must first determine that golf carts may
18 safely travel on or cross the public road or street,
19 considering factors including the speed, volume, and character
20 of motor vehicle traffic using the road or street. Upon a
21 determination that golf carts may be safely operated on a
22 designated road or street, the responsible governmental entity
23 shall post appropriate signs to indicate that such operation
24 is allowed.
25 (2) A golf cart may be operated on a part of the State
26 Highway System only under the following conditions:
27 (a) To cross a portion of the State Highway System
28 which intersects a county road or city street that has been
29 designated for use by golf carts if the Department of
30 Transportation has reviewed and approved the location and
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1 design of the crossing and any traffic control devices needed
2 for safety purposes.
3 (b) To cross, at midblock, a part of the State Highway
4 System where a golf course is constructed on both sides of the
5 highway if the Department of Transportation has reviewed and
6 approved the location and design of the crossing and any
7 traffic control devices needed for safety purposes.
8 (c) A golf cart may be operated on a state road that
9 has been designated for transfer to a local government unit
10 pursuant to s. 335.0415 if the Department of Transportation
11 determines that the operation of a golf cart within the
12 right-of-way of the road will not impede the safe and
13 efficient flow of motor vehicular traffic. The department may
14 authorize the operation of golf carts on such a road if:
15 1. The road is the only available public road along
16 which golf carts may travel or cross or the road provides the
17 safest travel route among alternative routes available; and
18 2. The speed, volume, and character of motor vehicular
19 traffic using the road is considered in making such a
20 determination.
21
22 Upon its determination that golf carts may be operated on a
23 given road, the department shall post appropriate signs on the
24 road to indicate that such operation is allowed.
25 (3) Any other provision of this section to the
26 contrary notwithstanding, a golf cart may be operated for the
27 purpose of crossing a street or highway where a single mobile
28 home park is located on both sides of the street or highway
29 and is divided by that street or highway, provided that the
30 governmental entity having original jurisdiction over such
31 street or highway shall review and approve the location of the
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1 crossing and require implementation of any traffic controls
2 needed for safety purposes. This subsection shall apply only
3 to residents or guests of the mobile home park. Any other
4 provision of law to the contrary notwithstanding, if notice is
5 posted at the entrance and exit to any mobile home park that
6 residents of the park utilize golf carts or electric vehicles
7 within the confines of the park it shall not be necessary that
8 the park have a gate or other device at the entrance and exit
9 in order for such golf carts or electric vehicles to be
10 lawfully operated in the park.
11 (4) A golf cart may be operated only during the hours
12 between sunrise and sunset, unless the responsible
13 governmental entity has determined that a golf cart may be
14 operated during the hours between sunset and sunrise and the
15 golf cart is equipped with headlights, brake lights, turn
16 signals, and a windshield.
17 (5) A golf cart must be equipped with efficient
18 brakes, reliable steering apparatus, safe tires, a rearview
19 mirror, and red reflectorized warning devices in both the
20 front and rear.
21 (6) A golf cart may not be operated on public roads or
22 streets by any person under the age of 14.
23 (7)(6) A violation of this section is a noncriminal
24 traffic infraction, punishable pursuant to chapter 318 as
25 either a moving violation for infractions of subsection (1),
26 subsection (2), subsection (3), or subsection (4), or as a
27 nonmoving violation for infractions of subsections subsection
28 (5) and (6).
29 Section 6. Subsection (1) of section 316.2125, Florida
30 Statutes, is amended to read:
31
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1 316.2125 Operation of golf carts within a retirement
2 community.--
3 (1) Notwithstanding the provisions of s. 316.212, the
4 reasonable operation of a golf cart, equipped and operated as
5 provided in s. 316.212(4), (5), and (6) s. 316.212(5), within
6 any self-contained retirement community is permitted unless
7 prohibited under subsection (2).
8 Section 7. Subsection (4) of section 316.613, Florida
9 Statutes, is amended to read:
10 316.613 Child restraint requirements.--
11 (4)(a) It is the legislative intent that all state,
12 county, and local law enforcement agencies, and safety
13 councils, in recognition of the problems with child death and
14 injury from unrestrained occupancy in motor vehicles, conduct
15 a continuing safety and public awareness campaign as to the
16 magnitude of the problem.
17 (b) The department may authorize the expenditure of
18 funds for the purchase of promotional items as part of the
19 public information and education campaigns provided for in
20 this subsection, s. 316.614, s. 322.025, and s. 403.7145.
21 Section 8. Subsection (1) of section 318.1451, Florida
22 Statutes, is amended to read:
23 318.1451 Driver improvement schools.--
24 (1) The Department of Highway Safety and Motor
25 Vehicles shall approve the courses of all driver improvement
26 schools, as the courses relate to ss. 318.14(9), 322.0261,
27 322.095, and 322.291. The chief judge of the applicable
28 judicial circuit may establish requirements regarding the
29 location of schools within the judicial circuit. A person may
30 engage in the business of operating a driver improvement
31
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1 school that offers department-approved courses related to ss.
2 318.14(9), 322.0261, 322.095, and 322.291.
3 Section 9. Subsection (3) of section 319.17, Florida
4 Statutes, is amended to read:
5 319.17 Rules; forms; indexes and records.--
6 (3) The department shall maintain indexes of motor
7 vehicles and mobile homes by name of owner, by title number,
8 and by manufacturer's motor number or vehicle identification
9 number. The department shall keep an electronic a permanent
10 record of notices of liens and satisfactions thereof. Such
11 indexes and records shall be open to the inspection of the
12 public at all reasonable times, except as provided in chapter
13 119.
14 Section 10. Subsections (8), (9), and (10) of section
15 319.24, Florida Statutes, are amended to read:
16 319.24 Issuance in duplicate; delivery; liens and
17 encumbrances.--
18 (8) The department shall not be required to retain on
19 file any bill of sale or duplicate thereof, notice of lien, or
20 satisfaction of lien covering any motor vehicle or mobile home
21 for a period longer than 7 years after the date of the filing
22 thereof; and thereafter the same may be destroyed.
23 (8)(9) Notwithstanding any requirements in this
24 section or in s. 319.27 indicating that a lien on a motor
25 vehicle or mobile home shall be noted on the face of the
26 Florida certificate of title, if there are one or more liens
27 or encumbrances on the motor vehicle or mobile home, the
28 department may electronically transmit the lien to the first
29 lienholder and notify the first lienholder of any additional
30 liens. Subsequent lien satisfactions may be electronically
31 transmitted to the department and shall include the name and
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1 address of the person or entity satisfying the lien. When
2 electronic transmission of liens and lien satisfactions are
3 used, the issuance of a certificate of title may be waived
4 until the last lien is satisfied and a clear certificate of
5 title is issued to the owner of the vehicle. In subsequent
6 transfer of ownership of the motor vehicle it shall be
7 presumed that the motor vehicle title is subject to a lien as
8 set forth in s. 319.225(6)(a) until the title to be issued
9 pursuant to this subsection is received by the person or
10 entity satisfying the lien.
11 (9)(10) The department shall in the sending of any
12 notice only be required to use the last known address as shown
13 by its records.
14 Section 11. Subsection (2) of section 320.031, Florida
15 Statutes, is amended to read:
16 320.031 Mailing of registration certificates, license
17 plates, and validation stickers.--
18 (2) A mail service charge may be collected for each
19 registration certificate, license plate, mobile home sticker,
20 and validation sticker mailed by the department or any tax
21 collector. Each registration certificate, license plate,
22 mobile home sticker, and validation sticker shall be mailed by
23 first-class mail unless otherwise requested by the applicant.
24 The amount of the mail service charge shall be the actual
25 postage required, rounded to the nearest 5 cents, plus a
26 25-cent handling charge. The mail service charge is in
27 addition to the service charge provided by s. 320.04. All
28 charges collected by the department under this section shall
29 be deposited into the Highway Safety Operating Trust Fund.
30 Section 12. Subsection (2) of section 320.04, Florida
31 Statutes, is amended to read:
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1 320.04 Registration service charge.--
2 (2) The service charges shall be collected by the
3 department on all applications handled directly from its
4 office; and the proceeds thereof, together with any fees
5 returned to it by the tax collector, shall be paid into the
6 Highway Safety Operating Trust General Revenue Fund. No tax
7 collector, deputy tax collector, or employee of the state or
8 any county shall charge, collect, or receive any fee or
9 compensation for services performed as notary public in
10 connection with or incidental to the issuance of license
11 plates or titles. The provisions of this subsection and of s.
12 116.38(2) prohibiting the charging, collecting, or receiving
13 of notary public fees do not apply to any privately owned
14 license plate agency appointed by the county manager of a
15 charter county which has an appointed tax collector.
16 Section 13. Subsection (2) of section 320.05, Florida
17 Statutes, is amended to read:
18 320.05 Records of the department; inspection
19 procedure; lists and searches; fees.--
20 (2) Upon receipt of an application for the
21 registration of a motor vehicle or mobile home, as herein
22 provided for, the department shall register the motor vehicle
23 or mobile home under the distinctive number assigned to such
24 motor vehicle or mobile home by the department. Electronic,
25 which registration records record shall be open to the
26 inspection of the public during business hours. Information on
27 a motor vehicle registration may not be made available to a
28 person unless the person requesting the information furnishes
29 positive proof of identification. The agency that furnishes a
30 motor vehicle registration record shall record the name and
31 address of any person other than a representative of a law
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1 enforcement agency who requests and receives information from
2 a motor vehicle registration record and shall also record the
3 name and address of the person who is the subject of the
4 inquiry or other information identifying the entity about
5 which information is requested. A record of each such inquiry
6 must be maintained for a period of 6 months from the date upon
7 which the information was released to the inquirer. Nothing in
8 this section shall prohibit any financial institution,
9 insurance company, motor vehicle dealer, licensee under
10 chapter 493, attorney, or other agency which the department
11 determines has the right to know from obtaining, for
12 professional or business use only, information in such records
13 from the department through any means of telecommunication
14 pursuant to a code developed by the department providing all
15 fees specified in subsection (3) have been paid. The
16 department shall disclose records or information to the child
17 support enforcement agency to assist in the location of
18 individuals who owe or potentially owe child support or to
19 whom such an obligation is owed pursuant to Title IV-D of the
20 Social Security Act.
21 Section 14. Section 320.0605, Florida Statutes, is
22 amended to read:
23 320.0605 Certificate of registration; possession
24 required; exception.--The registration certificate or an
25 official copy thereof, a true copy of a rental or lease
26 agreement issued for a motor vehicle or issued for a
27 replacement vehicle in the same registration period, a
28 temporary receipt printed upon self-initiated electronic
29 renewal of a registration via the Internet, or a cab card
30 issued for a vehicle registered under the International
31 Registration Plan shall, at all times while the vehicle is
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1 being used or operated on the roads of this state, be in the
2 possession of the operator thereof or be carried in the
3 vehicle for which issued and shall be exhibited upon demand of
4 any authorized law enforcement officer or any agent of the
5 department. The provisions of this section do not apply during
6 the first 30 days after purchase of a replacement vehicle. A
7 violation of this section is a noncriminal traffic infraction,
8 punishable as a nonmoving violation as provided in chapter
9 318.
10 Section 15. Subsection (29) of section 320.08058,
11 Florida Statutes, is amended to read:
12 320.08058 Specialty license plates.--
13 (29) UNITED STATES MARINE CORPS LICENSE PLATES.--
14 (a) The department shall develop a United States
15 Marine Corps license plate as provided in this section. The
16 word "Florida" must appear at the top center of the plate, and
17 the words "Marine Corps" "First to Fight" must appear at the
18 bottom center of the plate. The United States Marine Corps
19 logo, 3 inches in diameter, must appear on the left side
20 centered top to bottom of the plate in proper colors.
21 (b) The department shall distribute the United States
22 Marine Corps license plate annual use fees in the following
23 manner:
24 1. The first $50,000 collected annually shall be
25 deposited in the State Homes for Veterans Trust Fund and must
26 be used solely for the purpose of constructing, operating, and
27 maintaining domiciliary and nursing homes for veterans subject
28 to the requirements of chapter 216.
29 2. Any additional fees collected annually shall be
30 deposited in the Marine Corps Scholarship Foundation, Inc.,
31 successor to the USMC USMV Tag/Scholarship Fund, Inc., which
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1 shall use the fees to fund scholarships and assist Marine
2 Corps Junior ROTC and Young Marine programs of this state. The
3 foundation shall develop a plan to distribute the funds to
4 recipients nominated by residents of the state to receive
5 scholarships, and to the Marine Corps Junior ROTC and Young
6 Marine programs in the state.
7 Section 16. Section 320.833, Florida Statutes, is
8 amended to read:
9 320.833 Retention, destruction, and reproduction of
10 records; electronic retention.--Records and documents of the
11 Department of Highway Safety and Motor Vehicles, created in
12 compliance with, and in the implementation of, chapter 319 and
13 this chapter, shall be retained by the department as specified
14 in record retention schedules established under the general
15 provisions of chapter 119. Further, the department is hereby
16 authorized:
17 (1) To destroy, or otherwise dispose of, those records
18 and documents, in conformity with the approved retention
19 schedules.
20 (2) To photograph, microphotograph, or reproduce on
21 film, as authorized and directed by the approved retention
22 schedules, whereby each page will be exposed in exact
23 conformity with the original records and documents retained in
24 compliance with the provisions of this section. Photographs
25 or microphotographs in the form of film or print of any
26 records, made in compliance with the provisions of this
27 section, shall have the same force and effect as the originals
28 thereof would have and shall be treated as originals for the
29 purpose of their admissibility in evidence. Duly certified or
30 authenticated reproductions of such photographs or
31
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1 microphotographs shall be admitted in evidence equally with
2 the original photographs or microphotographs.
3 (3) Beginning December 1, 2001, the department may
4 maintain all records required or obtained in compliance with,
5 and in the implementation of, chapter 319 and this chapter
6 exclusively by electronic means.
7 Section 17. Section 320.865, Florida Statutes, is
8 amended to read:
9 320.865 Maintenance of records by the
10 department.--Beginning December 1, 2001, the department shall
11 maintain electronic uniform records of all complaints filed
12 against licensees licensed under the provisions of ss. 320.27,
13 320.61, 320.77, 320.771, and 320.8225, any other provision of
14 this chapter to the contrary notwithstanding. The records
15 shall contain all enforcement actions taken against licensees
16 and against unlicensed persons acting in a capacity which
17 would require them to be licensed under those sections. The
18 electronic permanent file of each licensee and unlicensed
19 person shall contain a record of any complaints filed against
20 him or her and a record of any enforcement actions taken
21 against him or her. All complaints and satisfactions thereof
22 and enforcement actions on each licensee and unlicensed person
23 shall be entered into the central database in such a manner
24 that rapid retrieval will be facilitated. The complainant and
25 the referring agency, if there is one, shall be advised of the
26 disposition by the department of the complaint within 10 days
27 of such action.
28 Section 18. Paragraph (a) of subsection (1) of section
29 322.051, Florida Statutes, is amended to read:
30 322.051 Identification cards.--
31 (1)
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1 (a) Each such application shall include the following
2 information regarding the applicant:
3 1. Full name (first, middle or maiden, and last),
4 gender, social security card number, residence and mailing
5 address, and a brief description.
6 2. Proof of birth date satisfactory to the department.
7 3. Proof of identity satisfactory to the department.
8 Such proof must include one of the following unless a driver's
9 license record or identification card record has already been
10 established, including one of the following: a certified copy
11 of a United States birth certificate, a valid United States
12 passport, an alien registration receipt card (green card), an
13 employment authorization card issued by the United States
14 Department of Justice, or proof of nonimmigrant classification
15 provided by the United States Department of Justice, for an
16 original identification card.
17 Section 19. Paragraph (c) of subsection (2) of section
18 322.08, Florida Statutes, is amended to read:
19 322.08 Application for license.--
20 (2) Each such application shall include the following
21 information regarding the applicant:
22 (c) Proof of identity satisfactory to the department.
23 Such proof must include one of the following unless a driver's
24 license record or identification card record has already been
25 established, including one of the following: a certified copy
26 of a United States birth certificate, a valid United States
27 passport, an alien registration receipt card (green card), an
28 employment authorization card issued by the United States
29 Department of Justice, or proof of nonimmigrant classification
30 provided by the United States Department of Justice, for an
31 original license.
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1 Section 20. Subsection (10) of section 328.15, Florida
2 Statutes, is repealed.
3 Section 21. Subsections (2) and (3) of section 328.40,
4 Florida Statutes, are amended to read:
5 328.40 Administration of vessel registration and
6 titling laws; records.--
7 (2) The Department of Highway Safety and Motor
8 Vehicles shall keep electronic records and perform such other
9 clerical duties as required pertaining to:
10 (a) Vessel registration and titling.
11 (b) Suspension of the vessel operating privilege under
12 ss. 327.35-327.355.
13 (3) All records made or kept by the Department of
14 Highway Safety and Motor Vehicles under this law are public
15 records except for confidential reports.
16 Section 22. Effective upon this act becoming a law,
17 subsection (1) of section 715.05, Florida Statutes, as amended
18 by section 318 of chapter 99-248, Laws of Florida, is amended
19 to read:
20 715.05 Reporting of unclaimed motor vehicles.--
21 (1) Whenever any law enforcement agency authorizes the
22 removal of a vehicle or whenever any towing service, garage,
23 repair shop, or automotive service, storage, or parking place
24 notifies the law enforcement agency of possession of a vehicle
25 pursuant to s. 715.07(2)(a)2., the applicable law enforcement
26 agency shall contact the Department of Highway Safety and
27 Motor Vehicles, or the appropriate agency of the state of
28 registration, if known, within 24 hours through the medium of
29 electronic communications giving the full description of the
30 vehicle. Upon receipt of the full description of the vehicle,
31 the department shall search its files to determine the owner's
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1 name, the name of the insurance company insuring the vehicle,
2 and whether any person has filed a lien upon the vehicle as
3 provided in s. 319.27(2) and (3) and notify the applicable law
4 enforcement agency within 72 hours. The person in charge of
5 the towing service, garage, repair shop, or automotive
6 service, storage, or parking place shall obtain such
7 information from the applicable law enforcement agency within
8 5 days from the date of storage and shall, by certified mail,
9 return receipt requested, notify the owner, the insurer, and
10 all lienholders of the location of the vehicle and of the fact
11 that it is unclaimed. Such notice shall be given within 7
12 days, excluding Saturday and Sunday, from the date of storage
13 and shall be complete upon mailing; however, if the state of
14 registration is unknown, the person in charge of the towing
15 service, garage, repair shop, or automotive service, storage,
16 or parking place shall make a good faith best effort in so
17 notifying the owner, the insurer, and any lienholders, and
18 such notice shall be given within a reasonable period of time
19 from the date of storage.
20 Section 23. Effective July 1, 2000, subsection (3) of
21 section 316.211, Florida Statutes, is amended to read:
22 316.211 Equipment for motorcycle and moped riders.--
23 (3)(a) This section does not apply to persons riding
24 within an enclosed cab or to any person 16 years of age or
25 older who is operating or riding upon a motorcycle powered by
26 a motor with a displacement of 50 cubic centimeters or less or
27 is rated not in excess of 2 brake horsepower and which is not
28 capable of propelling such motorcycle at a speed greater than
29 30 miles per hour on level ground.
30 (b) Notwithstanding subsection (l), a person over 21
31 years of age may operate or ride upon a motorcycle without
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1 wearing protective headgear securely fastened upon his or her
2 head if such person is covered by an insurance policy
3 providing for at least $10,000 in medical benefits for
4 injuries incurred as a result of a crash while operating or
5 riding on a motorcycle.
6 Section 24. Except as otherwise provided in this act,
7 this act shall take effect October 1, 2000.
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