House Bill hb0103c1

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    Florida House of Representatives - 2001              CS/HB 103

        By the Council for Competitive Commerce and Representative
    Russell





  1                      A bill to be entitled

  2         An act relating to off-highway vehicles;

  3         creating ch. 261, F.S.; creating the T. Mark

  4         Schmidt Off-Highway-Vehicle Safety and

  5         Recreation Act; providing legislative intent;

  6         providing definitions; creating the

  7         Off-Highway-Vehicle Recreation Advisory

  8         Committee; providing duties and

  9         responsibilities; providing for duties and

10         responsibilities of the Department of

11         Agriculture and Consumer Services; providing

12         for rulemaking authority; providing for the

13         publication and distribution of a guidebook;

14         providing for the repair, maintenance, and

15         rehabilitation of areas, trails, and lands;

16         providing for contracts and agreements;

17         providing criteria for recreation areas and

18         trails; providing for the use of designated

19         off-highway-vehicle funds within the Incidental

20         Trust Fund of the Division of Forestry of the

21         Department of Agriculture and Consumer

22         Services; amending s. 316.2074, F.S.; revising

23         the definition of the term "all-terrain

24         vehicle"; prohibiting the use of all-terrain

25         vehicles on public roadways in the state;

26         creating the Florida Off-Highway-Vehicle

27         Titling and Registration Act; providing

28         legislative intent; providing definitions;

29         providing for administration by the Department

30         of Highway Safety and Motor Vehicles; providing

31         for rules, forms, and notices; requiring

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  1         certificates of title; providing for

  2         application for and issuance of certificates of

  3         title; providing for duplicate certificates of

  4         title; requiring the furnishing of a

  5         manufacturer's statement of origin; requiring

  6         registration; providing for application for and

  7         issuance of certificate of registration,

  8         registration number, and decal; providing for

  9         registration period and for reregistration by

10         mail; providing for change of interest and

11         address; providing for duplicate registration

12         certificate and decal; providing for fees;

13         providing for disposition of fees; providing

14         for refusal to issue and authority to cancel a

15         certificate of title or registration; providing

16         for crimes relating to certificates of title

17         and registration decals; providing penalties;

18         providing for nonmoving traffic violations;

19         providing penalties; amending s. 375.315, F.S.,

20         relating to the registration of off-road

21         vehicles; providing an appropriation; providing

22         an effective date.

23

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

25

26         Section 1.  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, 261.10, 261.11, and 261.12, Florida

29  Statutes, is created to read:

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

  2  "T. Mark Schmidt Off-Highway-Vehicle Safety and Recreation

  3  Act."

  4         261.02  Legislative intent.--

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

  6  are becoming increasingly popular in this state and that the

  7  use of these vehicles should be controlled and managed to

  8  minimize negative effects on the environment, wildlife

  9  habitats, native wildlife, and native flora.

10         (2)  The Legislature declares that effectively managed

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

12  vehicles are compatible with this state's overall recreation

13  plan and the underlying goal of multiple use.

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

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

16  facilities, and opportunities be improved and appropriately

17  expanded, and be managed in a manner consistent with this

18  chapter, in order to maintain natural resources and sustained

19  long-term use of off-highway-vehicle trails and areas.

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

21  facilities, and opportunities be provided and managed pursuant

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

23  use and the environment.

24         (c)  Nothing contained within this act shall be

25  construed to require the construction or maintenance of

26  off-highway-vehicle recreation areas, facilities, or trails on

27  public lands where such construction or maintenance would be

28  inconsistent with the property's management objectives or land

29  management plan.

30         261.03  Definitions.--As used in this chapter, the

31  term:

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

  2  Recreation Advisory Committee created by s. 261.04.

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

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

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

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

  7  straddled by the operator and handlebars for steering control,

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

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

10  and Consumer Services.

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

12  Department of Agriculture and Consumer Services.

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

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

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

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

17  ground, but excludes a tractor or a moped.

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

19  off the roads or highways of this state for recreational

20  purposes and which is not registered and licensed for highway

21  use under chapter 320.

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

23  Program.

24         (8)  "Public lands" means lands within the State of

25  Florida which are available for public use and which are

26  owned, operated, or managed by a federal, state, county, or

27  municipal governmental entity.

28         (9)  "System" means the off-highway-vehicle recreation

29  areas and trails on public lands within the state.

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  1         (10)  "Trust fund" means the Incidental Trust Fund of

  2  the Division of Forestry of the Department of Agriculture and

  3  Consumer Services.

  4         261.04  Creation of the Off-Highway-Vehicle Recreation

  5  Advisory Committee; members; appointment.--

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

  7  Committee is created within the Division of Forestry and shall

  8  consist of nine members, all of whom are appointed by the

  9  Commissioner of Agriculture. The appointees shall include one

10  representative of the Department of Agriculture and Consumer

11  Services, one representative of the Department of Highway

12  Safety and Motor Vehicles, one representative of the Office of

13  Greenways and Trails of the Department of Environmental

14  Protection, one representative of the Fish and Wildlife

15  Conservation Commission, one citizen with scientific expertise

16  in disciplines relating to ecology, wildlife biology, or other

17  environmental sciences, one representative of a licensed

18  off-highway-vehicle dealer, and three representatives of

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

20  appointments, the commissioner shall consider the places of

21  residence of the members to ensure statewide representation.

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

23  committee shall be 2 years. The members first appointed shall

24  classify themselves by lot so that the terms of four members

25  expire June 30, 2003, and the terms of five members expire

26  June 30, 2004.

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

28  commissioner shall appoint a successor member for the

29  unexpired portion of the term.

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  1         (4)  The members shall elect a chair from among

  2  themselves who shall serve for 1 year or until a successor is

  3  elected.

  4         (5)  The members of the advisory committee shall serve

  5  without compensation, but shall be paid travel and per diem,

  6  as provided in s. 112.061, while in the performance of their

  7  official duties.

  8         261.05  Duties and responsibilities of the

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

10         (1)  The advisory committee shall establish policies to

11  guide the department regarding the off-highway-vehicle

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

13  recreation areas and trails.

14         (2)  The advisory committee shall make recommendations

15  to the department regarding off-highway-vehicle safety and

16  training and education programs in the operation of such

17  vehicles.

18         (3)  The advisory committee must be informed of all

19  governmental activities affecting the program.

20         (4)  The advisory committee must be informed of

21  off-highway-vehicle impacts and effects on the environment,

22  wildlife habitats, and native flora and fauna, and shall make

23  recommendations to avoid or minimize adverse environmental

24  impacts and promote sustained, long-term use.

25         (5)  The advisory committee must be fully informed of

26  the inventory of off-highway-vehicle access and opportunities.

27         (6)  The advisory committee shall meet at various times

28  and locations throughout the state to receive public comments

29  on the implementation of the program, and shall take these

30  public comments into consideration when making its

31  recommendations.

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  1         (7)  The advisory committee shall review and make

  2  recommendations annually regarding the department's proposed

  3  budget of expenditures from the designated off-highway-vehicle

  4  funds in the trust fund, which may include providing funds to

  5  match grant funds available from other sources.

  6         (8)  The advisory committee shall make recommendations

  7  regarding all capital outlay expenditures from the trust fund

  8  proposed for inclusion in the budget.

  9         (9)  The advisory committee shall review grant

10  applications submitted by any governmental agency or entity or

11  nongovernmental entity requesting moneys from the trust fund

12  to create, operate, manage, or improve off-highway-vehicle

13  recreation areas or trails within the state, protect and

14  restore affected natural areas in the system, or provide

15  off-highway-vehicle driver education. The advisory committee

16  shall recommend to the department approval or denial of such

17  grant applications based upon criteria established by the

18  advisory committee.

19         261.06  Functions, duties, and responsibilities of the

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

21  responsibilities of the department through the division:

22         (1)  Coordination of the planning, development,

23  conservation, and rehabilitation of state lands in and for the

24  system.

25         (2)  Coordination of the management, maintenance,

26  administration, and operation of state lands in the system,

27  and the provision of law enforcement and appropriate public

28  safety activities.

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

30  advisory committee's budget recommendations.

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  1         (4)  Implementation of the program, including the

  2  ultimate approval of grant applications submitted by

  3  governmental agencies or entities or nongovernmental entities.

  4         (5)  Coordination to help ensure compliance with

  5  environmental laws and regulations of the program and lands in

  6  the system.

  7         (6)  Implementation of the policies established by the

  8  advisory committee.

  9         (7)  Provision of staff assistance to the advisory

10  committee.

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

12  be included in, the system.

13         (9)  Conduct of surveys and preparation of studies as

14  are necessary or desirable for implementing the program.

15         (10)  Recruitment and utilization of volunteers to

16  further the program.

17

18  The department shall have rulemaking authority to implement

19  the provisions of ss. 261.01-261.10.

20         261.07  Publication and distribution of guidebook;

21  contents.--In consultation with the advisory committee, the

22  department shall publish a guidebook, which shall include the

23  text of this chapter, other laws and regulations relating to

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

25  guidebook may include other public areas, trails, and

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

27  must include information regarding the responsibilities of

28  users of the system and must set forth pertinent laws, rules,

29  and regulations, including particular provisions and other

30  information intended to prevent trespass and damage to public

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

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  1  cost to facilitate the broadest possible distribution and must

  2  be available for distribution no later than October 1, 2002.

  3         261.08  Repair, maintenance, and rehabilitation of

  4  areas, trails, and lands.--

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

  6  use of lands in the system, and the conservation of the

  7  environment, wildlife habitats, native wildlife, and native

  8  flora in the system are of the highest priority in the

  9  management of the system. Accordingly, the public land

10  managing agency shall avoid or minimize adverse impacts to the

11  environment, promptly repair and continuously maintain areas

12  and trails, anticipate and prevent accelerated erosion, and

13  rehabilitate lands to the extent damaged by

14  off-highway-vehicle use in accordance with the management

15  plans of the public land managing agency.

16         (2)  The public land managing agency shall monitor the

17  condition of soils and wildlife habitat in each area of the

18  system to determine whether there is compliance with

19  applicable environmental laws and regulations and take

20  appropriate action as necessary.

21         261.09  Contracts and agreements.--The public land

22  managing agency may contract with private persons or entities

23  and enter into cooperative agreements with other public

24  agencies for the care and maintenance of lands in the system,

25  including contracts for law enforcement services with public

26  agencies having law enforcement powers.

27         261.10  Criteria for recreation areas and

28  trails.--Publicly owned or operated off-highway-vehicle

29  recreation areas and trails shall be designated and maintained

30  for recreational travel by off-highway vehicles. These areas

31  and trails need not be generally suitable or maintained for

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  1  normal travel by conventional two-wheel-drive vehicles, and

  2  should not be designated as recreational foot paths. State

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

  4  selected and managed in accordance with this chapter.

  5         261.11  Penalties.--No off-highway vehicle may be

  6  operated upon the public roads, streets, or highways of this

  7  state, except as otherwise permitted by the managing state or

  8  federal agency. A violation of this section is a noncriminal

  9  traffic infraction, punishable as provided in chapter 318.

10         261.12  Designated off-highway-vehicle funds within the

11  Incidental Trust Fund of the Division of Forestry, Department

12  of Agriculture and Consumer Services.--

13         (1)  The designated off-highway-vehicle funds of the

14  trust fund shall consist of deposits from the following

15  sources:

16         (a)  Fees paid to the Department of Highway Safety and

17  Motor Vehicles for the titling and registration of off-highway

18  vehicles;

19         (b)  Revenues and income from any other sources

20  required by law or as appropriated by the Legislature to be

21  deposited into the trust fund as designated

22  off-highway-vehicle funds;

23         (c)  Donations from private sources that are designated

24  as off-highway-vehicle funds;

25         (d)  Interest earned on designated off-highway-vehicle

26  funds on deposit in the trust fund.

27         (2)  Designated off-highway-vehicle funds in the trust

28  fund shall be available for recommended allocation by the

29  Off-Highway-Vehicle Recreation Advisory Committee and the

30  Department of Agriculture and Consumer Services and upon

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  1  annual appropriation by the Legislature, exclusively for the

  2  following:

  3         (a)  Implementation of the Off-Highway-Vehicle

  4  Recreation Program by the Department of Agriculture and

  5  Consumer Services, which includes personnel and other related

  6  expenses; administrative and operating expenses; expenses

  7  related to safety, training, rider education programs,

  8  management, maintenance, and rehabilitation of lands in the

  9  Off-Highway-Vehicle Recreation Program's system of lands and

10  trails; and, if funds are available, acquisition of lands to

11  be included in the system and the management, maintenance, and

12  rehabilitation of such lands.

13         (b)  Approved grants to governmental agencies or

14  entities or nongovernmental entities that wish to provide or

15  improve off-highway-vehicle recreation areas or trails for

16  public use on public lands, provide environmental protection

17  and restoration to affected natural areas in the system, or

18  provide education in the operation of off-highway vehicles.

19         (c)  Matching funds to be used to match grant funds

20  available from other sources.

21         (3)  Notwithstanding s. 216.301 and pursuant to s.

22  216.351, any balance of designated off-highway-vehicle funds

23  in the trust fund at the end of any fiscal year shall remain

24  therein and shall be available for the purposes set out in

25  this section and as otherwise provided by law.

26         Section 2.  Section 316.2074, Florida Statutes, is

27  amended to read:

28         316.2074  All-terrain vehicles.--

29         (1)  It is the intent of the Legislature, through the

30  adoption of this section to provide safety protection for

31  minors while operating an all-terrain vehicle in this state.

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

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

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

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

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

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

  7  straddled by the operator, and having handlebars for steering

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

  9  passenger.

10         (3)  No person under 16 years of age shall operate,

11  ride, or be otherwise propelled on an all-terrain vehicle

12  unless the person wears a safety helmet meeting United States

13  Department of Transportation standards and eye protection.

14         (4)  If a crash results in the death of any person or

15  in the injury of any person which results in treatment of the

16  person by a physician, the operator of each all-terrain

17  vehicle involved in the crash shall give notice of the crash

18  pursuant to s. 316.066.

19         (5)  Except as provided in this section, an all-terrain

20  vehicle may not be operated upon the public roads, streets, or

21  highways of this state, except as otherwise permitted by the

22  managing state or federal agency.

23         (6)(5)  An all-terrain vehicle having four wheels may

24  be used by police officers on public beaches designated as

25  public roadways for the purpose of enforcing the traffic laws

26  of the state. All-terrain vehicles may also be used by the

27  police to travel on public roadways within 5 miles of beach

28  access only when getting to and from the beach.

29         (7)(6)  A violation of this section is a noncriminal

30  traffic infraction, punishable as a nonmoving violation as

31  provided in chapter 318.

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  1         Section 3.  Short title.--Sections 3 through 20 of this

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

  3  and Registration Act."

  4         Section 4.  Legislative intent.--It is the

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

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

  7  vehicles operated on public lands be titled and issued a

  8  certificate of title to allow for easy determination of

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

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

11  registered and issued a registration decal containing a

12  registration identification number to provide funding for the

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

14  recreation areas and trails, and their associated natural

15  resources, within the state. Finally, it is the Legislature's

16  intent that all off-highway vehicles owned by non-Florida

17  residents shall be exempt from the titling and registration

18  requirements of this act, and that all off-highway vehicles

19  owned by governmental entities shall be exempt from the

20  titling and registration fees imposed by this act with the

21  exception of the applicable fees as set forth in this act

22  which are necessary to cover the administrative costs of the

23  department and the service fees of the county tax collectors.

24  However, all applicable laws, rules, and regulations governing

25  off-highway-vehicle use and operation established by the

26  applicable public land managing agencies shall apply to all

27  off-highway-vehicle users, including users that are

28  non-Florida residents and governmental entities.

29         Section 5.  Definitions.--As used in sections 3 through

30  20, the term:

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  1         (1)  "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         (2)  "Dealer" means any person authorized by the

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

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

10  sales tax certificate of registration issued by the Department

11  of Revenue and a valid commercial or occupational license

12  required by any county, municipality, or political subdivision

13  of the state in which the person operates.

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

15  Safety and Motor Vehicles.

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

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

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

19  state, who has made a statement of domicile pursuant to s.

20  222.17, Florida Statutes, or who has filed for homestead tax

21  exemption on property in this state.

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

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

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

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

26  ground, but excludes a tractor or a moped.

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

28  off the roads or highways of this state for recreational

29  purposes which is not registered and licensed for highway use

30  pursuant to chapter 320.

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

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

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

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

  5  person, reserved or created by agreement and securing payment

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

  7  lessee under a lease not intended as security.

  8         (8)  "Public lands" means lands within the state of

  9  Florida which are available for public use and which are

10  owned, operated, or managed by a federal, state, county, or

11  municipal governmental entity.

12         Section 6.  Administration of off-highway-vehicle

13  titling and registration laws; records.--

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

15  and registration laws in sections 3 through 20 is under the

16  Department of Highway Safety and Motor Vehicles, which shall

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

18  off-highway-vehicle titling and registration applications and

19  certificates, including the receipt of and accounting for

20  off-highway-vehicle titling and registration fees.

21         (2)  The department shall keep records and perform

22  other clerical duties pertaining to off-highway-vehicle

23  titling and registration as required.

24         Section 7.  Rules, forms, and notices.--

25         (1)  The department may adopt rules under ss.

26  120.536(1) and 120.54, Florida Statutes, which pertain to

27  off-highway-vehicle titling and registration to implement the

28  provisions of sections 3 through 20 conferring duties upon it.

29         (2)  The department shall prescribe and provide

30  suitable forms for applications and other notices and forms

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  1  necessary to administer the provisions of sections 3 through

  2  20.

  3         Section 8.  Certificate of title required.--

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

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

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

  7  lands of this state must be titled pursuant to sections 3

  8  through 20.

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

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

11  the purchaser or transferee a valid certificate of title with

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

13  purchaser or transferee. A person may not purchase or

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

15  without obtaining a certificate of title for the vehicle in

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

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

18  application for a title transfer with the county tax

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

20  purchaser or transferee who files a title transfer application

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

22  $5 of the additional amount.

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

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

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

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

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

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

29  destruction or abandonment, surrender to the department all

30  title documents for cancellation.

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

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

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

  4  record his or her valid sales tax certificate of registration

  5  number.

  6         (5)(a)  There shall be a service charge of $4.25 for

  7  each application that is handled in connection with the

  8  issuance, duplication, or transfer of any certificate of

  9  title.  There shall be a service charge of $1.25 for each

10  application that is handled in connection with the recordation

11  or notation of a lien on an off-highway vehicle which is not

12  in connection with the purchase of such vehicle.

13         (b)  The service charges specified in paragraph (a)

14  shall be collected by the department on any application

15  handled directly from its office.  Otherwise, these service

16  charges shall be collected and retained by the tax collector

17  who handles the application.

18         (c)  In addition to the fees provided in paragraph (a),

19  any tax collector may impose an additional service charge of

20  not more than 50 cents on any transaction specified in

21  paragraph (a) or on any transaction specified in section 16,

22  subsection (2), when such transaction occurs at any tax

23  collector's branch office.

24         Section 9.  Application for and issuance of certificate

25  of title.--

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

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

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

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

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

31

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  1  application must be signed by the owner and must be

  2  accompanied by a fee of $29.

  3         (2)  The owner must establish by submitting with the

  4  application an executed bill of sale, a manufacturer's

  5  statement of origin, an affidavit of ownership for off-highway

  6  vehicles purchased before the effective date of this act, or

  7  any other document acceptable to the department.

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

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

10  department the last title document issued for that vehicle.

11  The document must be properly executed. Proper execution

12  includes the previous owner's signature and certification that

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

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

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

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

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

18  lienholder has knowledge of and consents to the transfer of

19  title to the new owner.

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

21  transfer must include payment of the applicable state sales

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

23  vehicles purchased or transferred before the effective date of

24  this act.

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

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

27  the department shall issue a certificate of title that states

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

29  suitable for highway use. After October 1, 2002, the

30  department shall also issue a copy of the guidebook prepared

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  1  by the Department of Agriculture and Consumer Services,

  2  pursuant to s. 261.07, Florida Statutes.

  3         Section 10.  Duplicate certificate of title.--

  4         (1)  The department may issue a duplicate certificate

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

  6  a certificate if the department is satisfied that the original

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

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

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

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

11  a duplicate certificate of title. Application for such

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

13  department shall issue each certificate of title applied for

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

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

16  written request by the applicant.

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

18  duplicate, or corrected certificate of title by the

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

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

21  vehicle or the holder of a lien thereon may, within 180 days

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

23  department for reissuance of the certificate of title. An

24  additional fee may not be charged for reissuance under this

25  subsection.

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

27  that the application is signed by a person authorized to

28  receive a duplicate title certificate under this section if

29  the address shown on the application is different from the

30  address shown for the applicant on the records of the

31  department.

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  1         Section 11.  Manufacturer's statement of origin to be

  2  furnished.--

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

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

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

  6  accompanied by an English translation if the vehicle was

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

  8  by an authorized representative of the manufacturer, indicate

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

10  complete description of the vehicle, and contain as many

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

12  purchaser.

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

14  manufacturer, manufacturer's representative, or dealer to

15  issue a manufacturer's certificate of origin describing an

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

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

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

19  obtain a certificate of origin with the knowledge that the

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

21  exist. Any person who violates this subsection commits a

22  felony of the third degree, punishable as provided in s.

23  775.082, s. 775.083, or s. 775.084, Florida Statutes.

24         Section 12.  Registration required.--

25         (1)  Off-highway vehicles operated on public lands of

26  this state, with the exception of off-highway vehicles owned

27  by non-Florida residents, off-highway vehicles used for

28  agricultural purposes, or off-highway vehicles rented for use

29  on public beaches by concessionaires who are franchised by the

30  public entities controlling those beaches, must be registered

31  within 30 days after purchase.

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  1         (2)  Nothing in this act prohibits the owner, operator,

  2  or manager of public lands containing improved and maintained

  3  off-highway-vehicle recreation areas or trails from charging

  4  an entrance or admission fee for the use of such lands to help

  5  offset the cost of operation and maintenance of such

  6  off-highway-vehicle facilities.

  7         Section 13.  Application for and issuance of

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

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

10  requires registration in this state must file a registration

11  application with the county tax collector.

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

13  address, residency status, a Florida identification card

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

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

16  accompanied by a fee of $25.

17         (b)  Proof of ownership must be established by

18  presenting a title for the off-highway vehicle.

19         (2)  The department shall issue a certificate of

20  registration and a registration number upon submittal of a

21  complete application and compliance with the other

22  requirements of this section. The certificate of registration

23  does not constitute a license.

24         (3)  The department shall furnish with each

25  registration certificate issued a decal signifying the years

26  during which the certificate is valid and containing the

27  assigned registration number, and such decal must be affixed

28  to the rear of the off-highway vehicle.

29         Section 14.  Registration period and reregistration by

30  mail.--

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

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

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

  4  certificate of registration, the certificate is valid through

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

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

  7         (2)  The department shall provide for annual

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

  9  county tax collector's office or by mail.

10         Section 15.  Change of interest and address.--

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

12  the transfer of any whole or partial interest in an

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

14  the destruction or abandonment of such vehicle within 30 days

15  thereof. The certificate expires upon such transfer,

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

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

18  vehicle.

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

20  notify the department or the county tax collector within 30

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

22  on the certificate and must furnish the department or the

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

24  provide by rule for the surrender of the certificate bearing

25  the former address and for its replacement with a new

26  certificate bearing the new address or for the alteration of a

27  certificate to include the new address of the holder.

28         Section 16.  Duplicate registration certificate or

29  decal; service fees.--

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

31  certificate or decal to replace a lost or misplaced

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  1  certificate or decal may be obtained from the county tax

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

  3  issued except upon written request of the registered owner or

  4  a person authorized by the owner.

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

  6  vehicles is a $2.50 service fee to be retained by the county

  7  tax collector for each registration certificate or decal

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

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

10  department.

11         (3)  A mail service charge may be collected for each

12  registration or reregistration mailed by the department or any

13  tax collector. All registrations and reregistrations must be

14  mailed by first-class mail. The amount of mail service charge

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

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

17  is in addition to the registration fee in section 13.

18         Section 17.  Disposition of fees.--The department shall

19  deposit all funds received under sections 3 through 20, less

20  administrative costs of $2 per title transaction and $2 per

21  registration transaction, into the Incidental Trust Fund of

22  the Division of Forestry of the Department of Agriculture and

23  Consumer Services.

24         Section 18.  Refusal to issue and authority to cancel a

25  certificate of title or registration.--

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

27  off-highway-vehicle certificate of title or registration has

28  given a false statement or false or incomplete information in

29  applying for the certificate or has otherwise failed to comply

30  with the applicable provisions pertaining to the application

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

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

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

  3  registration has given a false statement or false or

  4  incomplete information in applying for the certificate or has

  5  otherwise failed to comply with the applicable provisions

  6  pertaining to the application for a certificate, it may cancel

  7  the certificate.

  8         (3)  The department may cancel any pending application

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

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

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

12  after the department has given notice.

13         Section 19.  Crimes relating to certificates of title

14  and registration decals; penalties.--

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

16  attempt to procure a certificate of title or duplicate

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

18  attempt to pass a certificate of title or duplicate

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

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

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

22  violates this subsection commits a felony of the third degree,

23  punishable as provided in s. 775.082, s. 775.083, or s.

24  775.084, Florida Statutes.

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

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

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

28  fictitious, counterfeit, stolen, or fraudulently or unlawfully

29  obtained certificate of title, duplicate certificate of title,

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

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

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  1  foregoing. Any person who violates this subsection commits a

  2  felony of the third degree, punishable as provided in s.

  3  775.082, s. 775.083, or s. 775.084, Florida 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

24  commits a felony of the third degree, punishable as provided

25  in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. A

26  violation of this subsection with respect to any off-highway

27  vehicle makes such off-highway vehicle contraband which may be

28  seized by a law enforcement agency and forfeited under ss.

29  932.701-932.704, Florida Statutes.

30         (4)  It is unlawful for any person:

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

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

  3  the department.

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

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

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

  7  possession has been authorized by the department.

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

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

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

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

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

13  the department. Any person who violates this subsection

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

15  in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.

16         Section 20.  Nonmoving traffic violations.--Any person

17  who fails to comply with any provision of sections 3 through

18  20 for which a penalty is not otherwise provided commits a

19  nonmoving traffic violation, punishable as provided in s.

20  318.18, Florida Statutes.

21         Section 21.  Subsection (1)of section 375.315, Florida

22  Statutes, is amended to read:

23         375.315  Registration of off-road vehicles.--

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

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

26  and not otherwise required to be registered pursuant to the

27  Florida Off-Highway-Vehicle Titling and Registration Act must

28  be registered as provided in this section.

29         Section 22.  There is appropriated to the Department of

30  Agriculture and Consumer Services from the designated

31  off-highway-vehicle funds in the Incidental Trust Fund of the

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  1  Division of Forestry of the Department of Agriculture and

  2  Consumer Services, for fiscal year 2001-2002, one position and

  3  $156,660 to carry out the provisions of this act.

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

  5  2001.

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