HOUSE AMENDMENT
                                                   Bill No. HB 103   Barcode 975515
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  The Committee on Agriculture & Consumer Affairs offered the
12  following:
13  
14         Amendment (with title amendment) 
15  Remove from the bill:  Everything after the enacting clause
16  
17  and insert in lieu thereof:  
18         Section 1.  Paragraph (x) is added to subsection (1) of
19  section 215.22, Florida Statutes, to read:
20         215.22  Certain income and certain trust funds
21  exempt.--
22         (1)  The following income of a revenue nature or the
23  following trust funds shall be exempt from the deduction
24  required by s. 215.20(1):
25         (x)  The Off-Highway Vehicle Revolving Trust Fund.
26         Section 2.  Chapter 261, Florida Statutes, consisting
27  of sections 261.01, 261.02, 261.03, 261.04, 261.05, 261.06,
28  261.07, 261.08, 261.09, and 261.10, Florida Statutes, is
29  created to read:
30         261.01  Short title.--This chapter may be cited as the
31  "Florida Off-Highway Vehicle Safety and Recreation Act."
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    File original & 9 copies    02/22/01                          
    hag0009                     11:47 am         00103-ag  -975515

HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 261.02 Legislative intent.-- 2 (1) The Legislature finds that off-highway vehicles 3 are enjoying an ever-increasing popularity in this state and 4 that the use of these vehicles should be controlled and 5 managed to minimize negative effects on the environment, 6 wildlife habitats, native wildlife, and native flora. 7 (2) The Legislature declares that effectively managed 8 areas and adequate facilities for the use of off-highway 9 vehicles are compatible with this state's overall recreation 10 plan and the underlying goal of multiple use. 11 (3) It is the intent of the Legislature that: 12 (a) Existing off-highway vehicle recreational areas, 13 facilities, and opportunities be improved and appropriately 14 expanded and be managed in a manner consistent with this 15 chapter, in particular to maintain natural resources and 16 sustained long-term use of off-highway vehicle trails and 17 areas. 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 both long-term 21 use and the environment. 22 (c) Nothing contained within this act shall be 23 construed to require the construction or maintenance of 24 off-highway vehicle recreation areas, facilities, or trails on 25 public lands where such construction or maintenance would be 26 inconsistent with the property's management objectives or land 27 management plan. 28 261.03 Definitions.--As used in this chapter, the 29 term: 30 (1) "Advisory committee" means the Off-Highway Vehicle 31 Recreation Advisory Committee created by s. 261.04. 2 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 (2) "ATV" means any motorized off-highway or 2 all-terrain vehicle 50 inches or less in width, having a dry 3 weight of 900 pounds or less, designed to travel on three or 4 more low-pressure tires, having a seat designed to be 5 straddled by the operator and handlebars for steering control, 6 and intended for use by a single operator with no passenger. 7 (3) "Department" means the Department of Agriculture 8 and Consumer Services. 9 (4) "Division" means the Division of Forestry of the 10 Department of Agriculture and Consumer Services. 11 (5) "OHM" or "off-highway motorcycle" means any motor 12 vehicle used off the roads or highways of this state which has 13 a seat or saddle for the use of the rider and is designed to 14 travel with not more than two wheels in contact with the 15 ground, but excludes a tractor or a moped. 16 (6) "Off-highway vehicle" means any ATV or OHM used 17 off the roads or highways of this state for recreational 18 purposes, and which is not registered and licensed for highway 19 use under chapter 320. 20 (7) "Program" means the Off-Highway Vehicle Recreation 21 Program. 22 (8) "Public lands" means lands within the State of 23 Florida which are available for public use and which are 24 owned, operated or managed by a federal, state, county or 25 municipal governmental entity. 26 (9) "System" means the off-highway vehicle recreation 27 areas and trails on public lands within the state. 28 (10) "Trust fund" means the "Off-Highway Vehicle 29 Revolving Trust Fund" created by s. 261.11. 30 261.04 Creation of the Off-Highway Vehicle Recreation 31 Advisory Committee; members; appointment.-- 3 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 (1) The Off-Highway Vehicle Recreation Advisory 2 Committee is created within the Division of Forestry and 3 consists of nine members, all of whom are appointed by the 4 Commissioner of Agriculture. The appointees shall include one 5 representative of the Department of Agriculture and Consumer 6 Services, one representative of the Department of Highway 7 Safety and Motor Vehicles, one representative of the 8 Department of Environmental Protection's Office of Greenways 9 and Trails, one representative of the Fish and Wildlife 10 Conservation Commission, one citizen with scientific expertise 11 in disciplines relating to ecology, wildlife biology, or other 12 environmental sciences, one representative of a licensed 13 off-highway vehicle dealer, and three representatives of 14 off-highway vehicle recreation groups. In making these 15 appointments, the commissioner shall consider the places of 16 residence of the members to ensure statewide representation. 17 (2) The term of office of each member of the advisory 18 committee is 2 years. The members first appointed shall 19 classify themselves by lot so that the terms of four members 20 expire June 30, 2003, and the terms of five members expire 21 June 30, 2004. 22 (3) In case of a vacancy on the committee, the 23 commissioner shall appoint a successor member for the 24 unexpired portion of the term. 25 (4) The members shall elect a chair among themselves 26 who shall serve for 1 year or until a successor is elected. 27 (5) The members shall not receive a salary; however, 28 they shall be entitled to be reimbursed for the actual and 29 necessary expenses incurred in the performance of their 30 duties. 31 261.05 Duties and responsibilities of the Off-Highway 4 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 Vehicle Recreation Advisory Committee.-- 2 (1) The advisory committee shall establish policies to 3 guide the department regarding the off-highway vehicle 4 recreational program and the system of off-highway vehicle 5 recreation areas and trails. 6 (2) The advisory committee shall make recommendations 7 to the department regarding off-highway vehicle safety, 8 training, and rider-education programs. 9 (3) The advisory committee shall be informed regarding 10 all governmental activities affecting the program. 11 (4) The advisory committee shall be informed regarding 12 off-highway vehicle impacts and effects on the environment, 13 wildlife habitats, native flora and fauna, and make 14 recommendations to avoid or minimize adverse environmental 15 impacts and promote sustained long term use. 16 (5) The advisory committee shall be fully informed 17 regarding the inventory of off-highway vehicle access and 18 opportunities. 19 (6) The advisory committee shall meet at various times 20 and locations throughout the state to receive public comments 21 on the implementation of the program and shall take such 22 public comments into consideration when making its 23 recommendations. 24 (7) The advisory committee shall review and make 25 recommendations annually regarding the department's proposed 26 budget of expenditures from the trust fund, which may include 27 providing funds to match grant funds available from other 28 sources. 29 (8) The advisory committee shall make recommendations 30 regarding all capital outlay expenditures from the trust fund 31 proposed for inclusion in the budget. 5 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 (9) The advisory committee shall review grant 2 applications submitted by any governmental agency or entity, 3 or non-governmental entity, requesting moneys from the trust 4 fund to create, operate, manage, or improve off-highway 5 vehicle recreation areas or trails within the state, protect 6 and restore affected natural areas in the system, or provide 7 off-highway vehicle rider education. The advisory committee 8 shall recommend to the department approval or denial of such 9 grant applications based upon criteria established by the 10 advisory committee. 11 261.06 Functions, duties, and responsibilities of the 12 department.--The following are functions, duties, and 13 responsibilities of the department through the division: 14 (1) Coordination of the planning, development, 15 conservation, and rehabilitation of state lands in and for the 16 system. 17 (2) Coordination of the management, maintenance, 18 administration, and operation of state lands in the system, 19 and the provision of law enforcement and appropriate public 20 safety activities. 21 (3) Management of the trust fund and approval of the 22 advisory committee's budget recommendations. 23 (4) Implementation of the program, including the 24 ultimate approval of grant applications submitted by 25 governmental agencies or entities, or non-governmental 26 entities. 27 (5) Coordination to help ensure compliance with 28 environmental laws and regulations of the program and lands in 29 the system. 30 (6) The implementation of the policies established by 31 the advisory committee. 6 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 (7) Provision of staff assistance to the advisory 2 committee. 3 (8) Preparation of plans for lands in, or proposed to 4 be included in, the system. 5 (9) Conducting surveys and the preparation of studies 6 as are necessary or desirable for implementing the program. 7 (10) Recruitment and utilization of volunteers to 8 further the program. 9 (11) Rulemaking authority to implement the provisions 10 of ss. 261.01-261.10. 11 261.07 Publication and distribution of guidebook; 12 contents.--In consultation with the advisory committee, the 13 department shall publish a guidebook, including the text of 14 this chapter, other laws and regulations relating to the 15 program, and maps of areas and trails for the system. The 16 guidebook may include other public areas, trails, and 17 facilities for the use of off-highway vehicles. The guidebook 18 must include information regarding the responsibility of users 19 of the system and must set forth pertinent laws, rules, and 20 regulations including particular provisions and other 21 information intended to prevent trespass and damage to public 22 or private property. The guidebook must be prepared at minimal 23 cost to facilitate the broadest possible distribution and must 24 be available for distribution no later than October 1, 2002. 25 261.08 Repair, maintenance, and rehabilitation of 26 areas, trails, and lands.-- 27 (1) The protection of public safety, the appropriate 28 use of lands in the system, and the conservation of the 29 environment, wildlife habitats, native wildlife and native 30 flora in the system are of the highest priority in the 31 management of the system. Accordingly, the public land 7 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 managing agency shall avoid or minimize adverse impacts to the 2 environment, promptly repair and continuously maintain areas 3 and trails, anticipate and prevent accelerated erosion, and 4 rehabilitate lands to the extent damaged by off-highway 5 vehicle use in accordance with the management plans of the 6 public land managing agency. 7 (2) The public land managing agency shall monitor the 8 condition of soils and wildlife habitat in each area of the 9 system to determine whether there is compliance with 10 applicable environmental laws and regulations and take 11 appropriate action as necessary. 12 261.09 Contracts and agreements.--The public land 13 managing agency may contract with private persons or entities 14 and enter into cooperative agreements with other public 15 agencies for the care and maintenance of lands in the system, 16 including contracts for law enforcement services with public 17 agencies having law enforcement powers. 18 261.10 Criteria for recreation areas and 19 trails.--Publicly owned or operated off-highway vehicle 20 recreation areas and trails shall be designated and maintained 21 for recreational travel by off-highway vehicles, that may not 22 be generally suitable or maintained for normal travel by 23 conventional two-wheel-drive vehicles, or designated as 24 recreational foot paths. State off-highway vehicle recreation 25 areas and trails must be selected and managed in accordance 26 with this chapter. 27 261.11 Penalties--No off-highway vehicle may be 28 operated upon the public roads, streets, or highways of this 29 state. A violation of this section is a noncriminal traffic 30 infraction, punishable as provided in chapter 318. 31 Section 3. Section 316.2074, Florida Statutes, is 8 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 amended to read: 2 316.2074 All-terrain vehicles.-- 3 (1) It is the intent of the Legislature, through the 4 adoption of this section to provide safety protection for 5 minors while operating an all-terrain vehicle in this state. 6 (2) As used in this section, the term "all-terrain 7 vehicle" means any motorized off-highway vehicle 50 inches 8 (1270 mm) or less in width, having a dry weight of 900 600 9 pounds (273 kg) or less, designed to travel traveling on three 10 or more low-pressure tires, designed for operator use only 11 with no passengers, having a seat or saddle designed to be 12 straddled by the operator, and having handlebars for steering 13 control, and intended for use by a single operator with no 14 passenger. 15 (3) No person under 16 years of age shall operate, 16 ride, or be otherwise propelled on an all-terrain vehicle 17 unless the person wears a safety helmet meeting United States 18 Department of Transportation standards and eye protection. 19 (4) If a crash results in the death of any person or 20 in the injury of any person which results in treatment of the 21 person by a physician, the operator of each all-terrain 22 vehicle involved in the crash shall give notice of the crash 23 pursuant to s. 316.066. 24 (5) Except as provided in this section, no all-terrain 25 vehicle may be operated upon the public roads, streets, or 26 highways of this state. 27 (6) An all-terrain vehicle having four wheels may be 28 used by police officers on public beaches designated as public 29 roadways for the purpose of enforcing the traffic laws of the 30 state. All-terrain vehicles may also be used by the police to 31 travel on public roadways within 5 miles of beach access only 9 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 when getting to and from the beach. 2 (7) A violation of this section is a noncriminal 3 traffic infraction, punishable as a nonmoving violation as 4 provided in chapter 318. 5 Section 4. Short title.--Sections 4 through 21 of this 6 act may be cited as the "Florida Off-Highway Vehicle Titling 7 and Registration Act." 8 Section 5. Legislative intent.--It is the 9 Legislature's intent that all off-highway vehicles purchased 10 after the effective date of this act and all off-highway 11 vehicles operated on public lands be titled and issued a 12 certificate of title to allow for easy determination of 13 ownership. It is also the Legislature's intent that all 14 off-highway vehicles that are operated on public lands be 15 registered and issued a registration decal containing a 16 registration identification number to provide funding for the 17 creation, management, and maintenance of off-highway vehicle 18 recreation areas and trails, and their associated natural 19 resources, within the state. Finally, it is the Legislature's 20 intent that all off-highway vehicles owned by non-Florida 21 residents shall be exempt from the titling and registration 22 requirements of this act, and that all off-highway vehicles 23 owned by governmental entities shall be exempt from the 24 titling and registration fees imposed by this act with the 25 exception of the applicable fees as set forth in this act 26 which are necessary to cover the administrative costs of the 27 department and the service fees of the county tax collectors. 28 However, all applicable laws, rules and regulations governing 29 off-highway vehicle use and operation established by the 30 applicable public land managing agencies shall apply to all 31 off-highway vehicle users, including users that are 10 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 non-Florida residents and governmental entities. 2 Section 6. Definitions.--As used in sections 4 through 3 21, the term: 4 (1) "ATV" means any motorized off-highway or 5 all-terrain vehicle 50 inches or less in width, having a dry 6 weight of 900 pounds or less, designed to travel on three or 7 more low-pressure tires, having a seat designed to be 8 straddled by the operator and handlebars for steering control, 9 and intended for use by a single operator and with no 10 passenger. 11 (2) "Dealer" means any person authorized by the 12 Department of Revenue to buy, sell, resell, or otherwise 13 distribute off-highway vehicles. Such person must have a valid 14 sales tax certificate of registration issued by the Department 15 of Revenue and a valid commercial or occupational license 16 required by any county, municipality, or political subdivision 17 of the state in which the person operates. 18 (3) "Department" means the Department of Highway 19 Safety and Motor Vehicles. 20 (4) "Florida resident" means a person who has had a 21 principal place of domicile in this state for a period of more 22 than 6 consecutive months, who has registered to vote in this 23 state, who has made a statement of domicile pursuant to 24 section 222.17, Florida Statutes, or who has filed for 25 homestead tax exemption on property in this state. 26 (5) "OHM" or "off-highway motorcycle" means any motor 27 vehicle used off the roads or highways of this state which has 28 a seat or saddle for the use of the rider and is designed to 29 travel with not more than two wheels in contact with the 30 ground, but excludes a tractor or a moped. 31 (6) "Off-highway vehicle" means any ATV or OHM used 11 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 off the roads or highways of this state for recreational 2 purposes, which is not registered and licensed for highway use 3 pursuant to chapter 320. 4 (7) "Owner" means a person, other than a lienholder, 5 having the property in or title to an off-highway vehicle, 6 including a person entitled to the use or possession of an 7 off-highway vehicle subject to an interest held by another 8 person, reserved or created by agreement and securing payment 9 of performance of an obligation, but the term excludes a 10 lessee under a lease not intended as security. 11 (8) "Public lands" means lands within the state of 12 Florida which are available for public use and which are 13 owned, operated or managed by a federal, state, county or 14 municipal governmental entity. 15 Section 7. Administration of off-highway vehicle 16 titling and registration laws; records.-- 17 (1) The administration of off-highway vehicle titling 18 and registration laws in sections 4 through 21 is under the 19 Department of Highway Safety and Motor Vehicles, which shall 20 provide for the issuing, handling, and recording of all 21 off-highway vehicle titling and registration applications and 22 certificates, including the receipt and accounting of 23 off-highway vehicle titling and registration fees. 24 (2) The department shall keep records and perform 25 other clerical duties pertaining to off-highway vehicle 26 titling and registration as required. 27 Section 8. Rules, forms, and notices.-- 28 (1) The department may adopt rules under section 29 120.536(1), Florida Statutes, and section 120.54, Florida 30 Statutes, which pertain to off-highway vehicle titling and 31 registration, to implement the provisions of sections 4 12 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 through 21 conferring duties upon it. 2 (2) The department shall prescribe and provide 3 suitable forms for applications and other notices and forms 4 necessary to administer the provisions of sections 4 through 5 21. 6 Section 9. Certificate of title required.-- 7 (1) Any off-highway vehicle that is purchased by a 8 resident of this state after the effective date of this act or 9 which is owned by a resident and is operated on the public 10 lands of this state must be titled pursuant to sections 4 11 through 21. 12 (2) A person may not sell, assign, or transfer an 13 off-highway vehicle titled by the state without delivering to 14 the purchaser or transferee a valid certificate of title with 15 an assignment on it showing the transfer of title to the 16 purchaser or transferee. A person may not purchase or 17 otherwise acquire an off-highway vehicle required to be titled 18 without obtaining a certificate of title for the vehicle in 19 his or her name. The purchaser or transferee shall, within 30 20 days after a change in off-highway vehicle ownership, file an 21 application for a title transfer with the county tax 22 collector. An additional $10 fee shall be charged against a 23 purchaser or transferee who files a title transfer application 24 after the 30-day period. The county tax collector may retain 25 $5 of the additional amount. 26 (3) A certificate of title is prima facie evidence of 27 the ownership of the off-highway vehicle and is good for the 28 life of the off-highway vehicle so long as the certificate is 29 owned or held by the legal holder. If a titled off-highway 30 vehicle is destroyed or abandoned, the owner, with the consent 31 of any recorded lienholders, shall, within 30 days after the 13 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 destruction or abandonment, surrender to the department all 2 title documents for cancellation. 3 (4) The department shall provide labeled places on the 4 title where the seller's price shall be indicated when an 5 off-highway vehicle is sold and where a selling dealer shall 6 record his or her valid sales tax certificate of registration 7 number. 8 (5)(a) There shall be a service charge of $4.25 for 9 each application which is handled in connection with the 10 issuance, duplication, or transfer of any certificate of 11 title. There shall be a service charge of $1.25 for each 12 application which is handled in connection with the 13 recordation or notation of a lien on an off-highway vehicle 14 which is not in connection with the purchase of such vehicle. 15 (b) The service charges specified in paragraph (a) 16 shall be collected by the department on any application 17 handled directly from its office. Otherwise, these service 18 charges shall be collected and retained by the tax collector 19 who handles the application. 20 (c) In addition to the fees provided in paragraph (a), 21 any tax collector may impose an additional service charge of 22 not more than 50 cents on any transaction specified in 23 paragraph (a) or on any transaction specified in section 17, 24 subsection (2), when such transaction occurs at any tax 25 collector's branch office. 26 Section 10. Application for and issuance of 27 certificate of title.-- 28 (1) The owner of an off-highway vehicle that is 29 required to be titled must apply to the county tax collector 30 for a certificate of title. The application must include the 31 true name of the owner, the residence or business address of 14 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 the owner, and a complete description of the vehicle. The 2 application must be signed by the owner and must be 3 accompanied by a fee of $29. 4 (2) Proof of ownership must be established by the 5 owner submitting with the application an executed bill of 6 sale, a manufacturer's statement of origin, an affidavit of 7 ownership for off-highway vehicles purchased before the 8 effective date of this act, or any other document acceptable 9 to the department. 10 (3) To apply for a title upon transfer of ownership of 11 an off-highway vehicle, the new owner must surrender to the 12 department the last title document issued for that vehicle. 13 The document must be properly executed. Proper execution 14 includes the previous owner's signature and certification that 15 the off-highway vehicle to be transferred is debt-free or is 16 subject to a lien. If a lien exists, the previous owner must 17 furnish the new owner, on forms supplied by the department, 18 the names and addresses of all lienholders and the dates of 19 all liens, with a statement from each lienholder that the 20 lienholder has knowledge of and consents to the transfer of 21 title to the new owner. 22 (4) An application for an initial title or a title 23 transfer must include payment of the applicable state sales 24 tax or proof of payment of such tax, except for off-highway 25 vehicles purchased or transferred before the effective date of 26 this act. 27 (5) If the owner submits a complete application and 28 complies with all of the other requirements of this section, 29 the department shall issue a certificate of title that states 30 that the title is for an off-highway vehicle that is not 31 suitable for highway use. After October 1, 2002, the 15 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 department shall also issue a copy of the guidebook prepared 2 by the Department of Agriculture and Consumer Services, 3 pursuant to s. 261.07, F.S. 4 Section 11. Duplicate certificate of title.-- 5 (1) The department may issue a duplicate certificate 6 of title upon application by the person entitled to hold such 7 a certificate if the department is satisfied that the original 8 certificate has been lost, destroyed, or mutilated. A fee of 9 $15 shall be charged for issuing a duplicate certificate. 10 (2) In addition to the fee imposed by subsection (1), 11 a fee of $7 shall be charged for expedited service in issuing 12 a duplicate certificate of title. Application for such 13 expedited service may be made by mail or in person. The 14 department shall issue each certificate of title applied for 15 under this subsection within 5 working days after receipt of a 16 proper application or shall refund the additional $7 fee upon 17 written request by the applicant. 18 (3) If, following the issuance of an original, 19 duplicate, or corrected certificate of title by the 20 department, the certificate is lost in transit and is not 21 delivered to the addressee, the owner of the off-highway 22 vehicle or the holder of a lien thereon may, within 180 days 23 after the date of issuance of the title, apply to the 24 department for reissuance of the certificate of title. An 25 additional fee may not be charged for reissuance under this 26 subsection. 27 (4) The department shall implement a system to verify 28 that the application is signed by a person authorized to 29 receive a duplicate title certificate under this section if 30 the address shown on the application is different from the 31 address shown for the applicant on the records of the 16 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 department. 2 Section 12. Manufacturer's statement of origin to be 3 furnished.-- 4 (1) Any person selling a new off-highway vehicle in 5 this state must furnish a manufacturer's statement of origin 6 to the purchaser. The statement, which must be in English or 7 accompanied by an English translation if the vehicle was 8 purchased outside the United States, must be signed and dated 9 by an authorized representative of the manufacturer, indicate 10 the complete name and address of the purchaser, include a 11 complete description of the vehicle, and contain as many 12 assignments as necessary to show title in the name of the 13 purchaser. 14 (2) It is unlawful for an off-highway vehicle 15 manufacturer, manufacturer's representative, or dealer to 16 issue a manufacturer's certificate of origin describing an 17 off-highway vehicle with the knowledge that the description is 18 false or that the off-highway vehicle described does not 19 exist. It is unlawful for any person to obtain or attempt to 20 obtain a certificate of origin with the knowledge that the 21 description is false or that the off-highway vehicle does not 22 exist. Any person who violates this subsection is guilty of a 23 felony of the third degree, punishable as provided in section 24 775.082, section 775.083, or section 775.084, Florida 25 Statutes. 26 Section 13. Registration required.-- 27 (1) Off-highway vehicles operated on public lands of 28 this state, with the exception of off-highway vehicles owned 29 by non-Florida residents, must be registered within 30 days 30 after purchase. 31 (2)Nothing herein shall prohibit the owner, operator or 17 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 manager of public lands containing improved and maintained 2 off-highway vehicle recreation areas or trails from charging 3 an entrance or admission fee for the use of such lands to help 4 offset the cost of operation and maintenance of such 5 off-highway vehicle facilities. 6 Section 14. Application for and issuance of 7 certificate of registration, registration number, and decal.-- 8 (1) The owner of each off-highway vehicle that 9 requires registration in this state must file a registration 10 application with the county tax collector. 11 (a) The application must provide the owner's name and 12 address, residency status, a Florida identification card 13 number such as a driver's license number, and a complete 14 description of the vehicle to be registered, and must be 15 accompanied by a fee of $25. 16 (b) Proof of ownership must be established by 17 presenting a title for the off-highway vehicle. 18 (2) The department shall issue a certificate of 19 registration and a registration number upon submittal of a 20 complete application and compliance with the other 21 requirements of this section. The certificate of registration 22 does not constitute a license. 23 (3) The department shall furnish with each 24 registration certificate issued, a decal signifying the years 25 during which the certificate is valid and containing the 26 assigned registration number, and such decal must be affixed 27 to the rear of the off-highway vehicle. 28 Section 15. Registration period and reregistration by 29 mail.-- 30 (1) An off-highway vehicle certificate of registration 31 is valid through the owner's next birthday. If the owner's 18 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 birthday falls within the first 3 months after issuance of the 2 certificate of registration, the certificate is valid through 3 the owner's following birthday. However, a certificate of 4 registration may not be valid for more than 15 months. 5 (2) The department shall provide for annual 6 reregistration of off-highway vehicles either in person at the 7 county tax collector's office or by mail. 8 Section 16. Change of interest and address.-- 9 (1) The owner must furnish to the department notice of 10 the transfer of any whole or partial interest in an 11 off-highway vehicle registered or titled in this state or of 12 the destruction or abandonment of such vehicle within 30 days 13 thereof. The certificate expires upon such transfer, 14 destruction, or abandonment, unless the transfer of a partial 15 interest does not affect the owner's right to operate the 16 vehicle. 17 (2) Any holder of a certificate of registration must 18 notify the department or the county tax collector within 30 19 days after a change of address to one other than the address 20 on the certificate and must furnish the department or the 21 county tax collector with the new address. The department may 22 provide by rule for the surrender of the certificate bearing 23 the former address and for its replacement with a new 24 certificate bearing the new address or for the alteration of 25 an outstanding certificate to show the new address of the 26 holder. 27 Section 17. Duplicate registration certificate or 28 decal, service fees.-- 29 (1) A duplicate off-highway vehicle registration 30 certificate or decal to replace a lost or misplaced 31 certificate or decal may be obtained from the county tax 19 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 collector for $10. A duplicate certificate or decal may not be 2 issued except by written request of the registered owner or a 3 person authorized by the owner. 4 (2) Included in the registration fee for off-highway 5 vehicles is a $2.50 service fee to be retained by the county 6 tax collector for each registration certificate or decal 7 issued, replaced, or renewed. The remainder of the fees 8 collected by the county tax collector shall be remitted to the 9 department. 10 (3) A mail service charge may be collected for each 11 registration or reregistration mailed by the department or any 12 tax collector. All registrations and reregistrations must be 13 mailed by first class mail. The amount of mail service charge 14 must be the actual postage required rounded to the nearest 5 15 cents, plus a 25-cent handling charge. The mail service charge 16 is in addition to the registration fee in section 14. 17 Section 18. Disposition of fees.--The department shall 18 deposit all funds received under sections 4 through 21, less 19 administrative costs of $2 per title transaction, and $2 per 20 registration transaction, into the Off-Highway Vehicle 21 Revolving Trust Fund created by section 261.11, Florida 22 Statutes. 23 Section 19. Refusal to issue and authority to cancel a 24 certificate of title or registration.-- 25 (1) If the department finds that an applicant for an 26 off-highway vehicle certificate of title or registration gave 27 a false statement or false or incomplete information in 28 applying for the certificate or otherwise failed to comply 29 with the applicable provisions pertaining to the application 30 for a certificate, it may refuse to issue the certificate. 31 (2) If the department finds that an owner or dealer 20 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 named in an off-highway vehicle certificate of title or 2 registration gave a false statement or false or incomplete 3 information in applying for the certificate or otherwise 4 failed to comply with the applicable provisions pertaining to 5 the application for a certificate, it may cancel the 6 certificate. 7 (3) The department may cancel any pending application 8 or any certificate if it finds that any title or registration 9 fee or sales tax pertaining to such registration has not been 10 paid, unless the fee or tax is paid within a reasonable time 11 after the department has given notice. 12 Section 20. Crimes relating to certificates of title 13 and registration decals; penalties.-- 14 (1) It is unlawful for any person to procure or 15 attempt to procure a certificate of title or duplicate 16 certificate of title to an off-highway vehicle, or to pass or 17 attempt to pass a certificate of title or duplicate 18 certificate of title to an off-highway vehicle or any 19 assignment thereof, if such person knows or has reason to 20 believe that the vehicle has been stolen. Any person who 21 violates this subsection is guilty of a felony of the third 22 degree, punishable as provided in section 775.082, section 23 775.083, or section 775.084, Florida Statutes. 24 (2) It is unlawful for any person, knowingly and with 25 intent to defraud, to have in his or her possession, sell, 26 offer to sell, counterfeit, or supply a blank, forged, 27 fictitious, counterfeit, stolen, or fraudulently or unlawfully 28 obtained certificate of title, duplicate certificate of title, 29 registration, bill of sale, or other indicia of ownership of 30 an off-highway vehicle or to conspire to do any of the 31 foregoing. Any person who violates this subsection is guilty 21 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 of a felony of the third degree, punishable as provided in 2 section 775.082, section 775.083, or section 775.084, Florida 3 Statutes. 4 (3) It is unlawful: 5 (a) To alter or forge any certificate of title to an 6 off-highway vehicle or any assignment thereof or any 7 cancellation of any lien on an off-highway vehicle. 8 (b) To retain or use such certificate, assignment, or 9 cancellation knowing that it has been altered or forged. 10 (c) To use a false or fictitious name, give a false or 11 fictitious address, or make any false statement in any 12 application or affidavit required by sections 4 through 21 or 13 in a bill of sale or sworn statement of ownership or otherwise 14 commit a fraud in any application. 15 (d) To knowingly obtain goods, services, credit, or 16 money by means of an invalid, duplicate, fictitious, forged, 17 counterfeit, stolen, or unlawfully obtained certificate of 18 title, registration, bill of sale, or other indicia of 19 ownership of an off-highway vehicle. 20 (e) To knowingly obtain goods, services, credit, or 21 money by means of a certificate of title to an off-highway 22 vehicle which certificate is required by law to be surrendered 23 to the department. Any person who violates this subsection is 24 guilty of a felony of the third degree, punishable as provided 25 in section 775.082, section 775.083, or section 775.084, 26 Florida Statutes. A violation of this subsection with respect 27 to any off-highway vehicle makes such off-highway vehicle 28 contraband which may be seized by a law enforcement agency and 29 forfeited under sections 932.701-932.704, Florida Statutes. 30 (4) It is unlawful for any person: 31 (a) To make, alter, forge, counterfeit, or reproduce 22 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 an off-highway vehicle registration decal unless authorized by 2 the department. 3 (b) To knowingly have in his or her possession a 4 forged, counterfeit, or imitation off-highway vehicle 5 registration decal, or reproduction of a decal, unless such 6 possession has been authorized by the department. 7 (c) To barter, trade, sell, supply, agree to supply, 8 aid in supplying, or give away an off-highway vehicle 9 registration decal or to conspire to barter, trade, sell, 10 supply, agree to supply, aid in supplying, or give away an 11 off-highway vehicle registration decal, unless authorized by 12 the department. Any person who violates this subsection is 13 guilty of a felony of the third degree, punishable as provided 14 in section 775.082, section 775.083, or section 775.084, 15 Florida Statutes. 16 Section 21. Noncriminal infractions, penalties.--Any 17 person who fails to comply with any provisions of sections 4 18 through 21 for which a greater penalty is not otherwise 19 provided is guilty of a misdemeanor of the second degree, 20 punishable as provided in section 775.082 or section 775.083, 21 Florida Statutes. 22 Section 22. Subsection (1) of section 375.315, Florida 23 Statutes, is amended to read: 24 375.315 Registration of off-road vehicles.-- 25 (1) Any off-road vehicle operated upon public lands, 26 and not registered or licensed under s. 320.02 or s. 320.06, 27 and not otherwise required to be registered pursuant to the 28 Florida Off-Highway Vehicle Titling and Registration Act, must 29 be registered as provided in this section. 30 Section 23. This act shall take effect October 1, 31 2001. 23 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 2, through page 2, line 16, 4 remove from the title of the bill: all of said lines 5 6 and insert in lieu thereof: 7 An act relating to off-highway vehicles; 8 amending s. 215.22, F.S.; exempting the 9 Off-Highway Vehicle Revolving Trust Fund from a 10 required deduction; creating ch. 261, F.S.; 11 creating the Florida Off-Highway Vehicle Safety 12 and Recreation Act; providing legislative 13 intent; providing definitions; creating the 14 Off-Highway Vehicle Recreation Advisory 15 Committee; providing duties and 16 responsibilities; providing for the duties and 17 responsibilities of the Department of 18 Agriculture and Consumer Services; providing 19 for rulemaking authority; providing for the 20 publication and distribution of a guidebook; 21 providing for the repair, maintenance and 22 rehabilitation of areas, trails, and lands; 23 providing for contracts and agreements; 24 providing criteria for recreation areas and 25 trails; amending s. 316.2074, F.S.; revising 26 the definition of the term "all-terrain 27 vehicle"; prohibiting the use of all-terrain 28 vehicles on public roadways in the state; 29 creating the Florida Off-Highway Vehicle 30 Titling and Registration Act; providing 31 legislative intent; providing definitions; 24 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515
HOUSE AMENDMENT Bill No. HB 103 Barcode 975515 Amendment No. ___ (for drafter's use only) 1 providing for administration by the Department 2 of Highway Safety and Motor Vehicles; providing 3 for rules, forms, and notices; requiring 4 certificates of title; providing for 5 application for and issuance of certificates of 6 title; providing for duplicate certificates of 7 title; requiring the furnishing of a 8 manufacturer's statement of origin; requiring 9 registration; providing for application for and 10 issuance of certificate of registration, 11 registration number, and decal; providing for 12 the registration period and for reregistration 13 by mail; providing for change of interest and 14 address; providing for duplicate registration 15 certificate and decal; providing for fees; 16 providing for disposition of fees; providing 17 for refusal to issue and authority to cancel a 18 certificate of title or registration; providing 19 for crimes relating to certificates of title 20 and registration decals; providing penalties; 21 providing for noncriminal infractions; 22 providing penalties; amending s. 375.315, F.S., 23 relating to the registration of off-road 24 vehicles; providing an effective date. 25 26 27 28 29 30 31 25 File original & 9 copies 02/22/01 hag0009 11:47 am 00103-ag -975515