HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Gardiner offered the following:
12
13 Amendment to Senate Amendment (334172) (with title
14 amendment)
15 On page 197, between lines 13 and 14
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17 insert:
18 Section 122. Subsections (1) and (21) of section
19 316.003, Florida Statutes, are amended, and subsection (82) is
20 added to said section, to read:
21 316.003 Definitions.--The following words and phrases,
22 when used in this chapter, shall have the meanings
23 respectively ascribed to them in this section, except where
24 the context otherwise requires:
25 (1) AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the
26 fire department (fire patrol), police vehicles, and such
27 ambulances and emergency vehicles of municipal departments,
28 public service corporations operated by private corporations,
29 the Department of Environmental Protection, the Department of
30 Health, and the Department of Transportation as are designated
31 or authorized by their respective department or the chief of
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 police of an incorporated city or any sheriff of any of the
2 various counties.
3 (21) MOTOR VEHICLE.--Any self-propelled vehicle not
4 operated upon rails or guideway, but not including any
5 bicycle, motorized scooter, or moped.
6 (82) MOTORIZED SCOOTER.--Any vehicle not having a seat
7 or saddle for the use of the rider, designed to travel on not
8 more than three wheels, and not capable of propelling the
9 vehicle at a speed greater than 30 miles per hour on level
10 ground.
11 Section 123. Subsections (2) and (3) of section
12 316.006, Florida Statutes, are amended to read:
13 316.006 Jurisdiction.--Jurisdiction to control traffic
14 is vested as follows:
15 (2) MUNICIPALITIES.--
16 (a) Chartered municipalities shall have original
17 jurisdiction over all streets and highways located within
18 their boundaries, except state roads, and may place and
19 maintain such traffic control devices which conform to the
20 manual and specifications of the Department of Transportation
21 upon all streets and highways under their original
22 jurisdiction as they shall deem necessary to indicate and to
23 carry out the provisions of this chapter or to regulate, warn,
24 or guide traffic.
25 (b) A municipality may exercise jurisdiction over any
26 private road or roads, or over any limited access road or
27 roads owned or controlled by a special district, located
28 within its boundaries if the municipality and party or parties
29 owning or controlling such road or roads provide, by written
30 agreement approved by the governing body of the municipality,
31 for municipal traffic control jurisdiction over the road or
2
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 roads encompassed by such agreement. Pursuant thereto:
2 1. Provision for reimbursement for actual costs of
3 traffic control and enforcement and for liability insurance
4 and indemnification by the party or parties, and such other
5 terms as are mutually agreeable, may be included in such an
6 agreement.
7 2. The exercise of jurisdiction provided for herein
8 shall be in addition to jurisdictional authority presently
9 exercised by municipalities under law, and nothing in this
10 paragraph shall be construed to limit or remove any such
11 jurisdictional authority. Such jurisdiction includes
12 regulation of access to such road or roads by security devices
13 or personnel.
14 3. Any such agreement may provide for the installation
15 of multiparty stop signs by the parties controlling the roads
16 covered by the agreement, if a determination is made by such
17 parties that the signage will enhance traffic safety.
18 Multiparty stop signs must conform to the manual and
19 specifications of the Department of Transportation. However,
20 minimum traffic volumes may not be required for the
21 installation of such signage. Enforcement for the signs shall
22 be as provided in s. 316.123.
23
24 This subsection shall not limit those counties which have the
25 charter powers to provide and regulate arterial, toll, and
26 other roads, bridges, tunnels, and related facilities from the
27 proper exercise of those powers by the placement and
28 maintenance of traffic control devices which conform to the
29 manual and specifications of the Department of Transportation
30 on streets and highways located within municipal boundaries.
31 (3) COUNTIES.--
3
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (a) Counties shall have original jurisdiction over all
2 streets and highways located within their boundaries, except
3 all state roads and those streets and highways specified in
4 subsection (2), and may place and maintain such traffic
5 control devices which conform to the manual and specifications
6 of the Department of Transportation upon all streets and
7 highways under their original jurisdiction as they shall deem
8 necessary to indicate and to carry out the provisions of this
9 chapter or to regulate, warn, or guide traffic.
10 (b) A county may exercise jurisdiction over any
11 private road or roads, or over any limited access road or
12 roads owned or controlled by a special district, located in
13 the unincorporated area within its boundaries if the county
14 and party or parties owning or controlling such road or roads
15 provide, by written agreement approved by the governing body
16 of the county, for county traffic control jurisdiction over
17 the road or roads encompassed by such agreement. Pursuant
18 thereto:
19 1. Provision for reimbursement for actual costs of
20 traffic control and enforcement and for liability insurance
21 and indemnification by the party or parties, and such other
22 terms as are mutually agreeable, may be included in such an
23 agreement.
24 2. Prior to entering into an agreement which provides
25 for enforcement of the traffic laws of the state over a
26 private road or roads, or over any limited access road or
27 roads owned or controlled by a special district, the governing
28 body of the county shall consult with the sheriff. No such
29 agreement shall take effect prior to October 1, the beginning
30 of the county fiscal year, unless this requirement is waived
31 in writing by the sheriff.
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 3. The exercise of jurisdiction provided for herein
2 shall be in addition to jurisdictional authority presently
3 exercised by counties under law, and nothing in this paragraph
4 shall be construed to limit or remove any such jurisdictional
5 authority.
6 4. Any such agreement may provide for the installation
7 of multiparty stop signs by the parties controlling the roads
8 covered by the agreement, if a determination is made by such
9 parties that the signage will enhance traffic safety.
10 Multiparty stop signs must conform to the manual and
11 specifications of the Department of Transportation. However,
12 minimum traffic volumes may not be required for the
13 installation of such signage. Enforcement for the signs shall
14 be as provided in s. 316.123.
15
16 Notwithstanding the provisions of subsection (2), each county
17 shall have original jurisdiction to regulate parking, by
18 resolution of the board of county commissioners and the
19 erection of signs conforming to the manual and specifications
20 of the Department of Transportation, in parking areas located
21 on property owned or leased by the county, whether or not such
22 areas are located within the boundaries of chartered
23 municipalities.
24 Section 124. Effective July 1, 2001, subsection (4) of
25 section 316.1951, Florida Statutes, is amended to read:
26 316.1951 Parking for certain purposes prohibited.--
27 (4) A law enforcement officer, compliance examiner, or
28 license inspector, or supervisor of the department, as
29 authorized in s. 320.58(1)(a), may cause to be removed at the
30 owner's expense any motor vehicle found upon a public street,
31 public parking lot, other public property, or private
5
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 property, where the public has the right to travel by motor
2 vehicle, which is in violation of subsection (1). Every
3 written notice issued pursuant to this section shall be
4 affixed in a conspicuous place upon a vehicle by a law
5 enforcement officer, compliance examiner, or license
6 inspector, or supervisor of the department. Any vehicle found
7 in violation of subsection (1) within 10 days after a previous
8 violation and written notice shall be subject to immediate
9 removal without an additional waiting period.
10 Section 125. Subsection (4) of section 316.1967,
11 Florida Statutes, is amended to read:
12 316.1967 Liability for payment of parking ticket
13 violations and other parking violations.--
14 (4) Any person who elects to appear before a
15 designated official to present evidence waives his or her
16 right to pay the civil penalty provisions of the ticket. The
17 official, after a hearing, shall make a determination as to
18 whether a parking violation has been committed and may impose
19 a civil penalty not to exceed $100 or the fine amount
20 designated by county ordinance, plus court costs. Any person
21 who fails to pay the civil penalty within the time allowed by
22 the court is deemed to have been convicted of a parking ticket
23 violation, and the court shall take appropriate measures to
24 enforce collection of the fine.
25 Section 126. Subsection (2) of section 316.1975,
26 Florida Statutes, is amended to read:
27 316.1975 Unattended motor vehicle.--
28 (2) This section does not apply to the operator of:
29 (a) An authorized emergency vehicle while in the
30 performance of official duties and the vehicle is equipped
31 with an activated antitheft device that prohibits the vehicle
6
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 from being driven; or
2 (b) A licensed delivery truck or other delivery
3 vehicle while making deliveries; or.
4 (c) A solid waste or recovered materials vehicle while
5 collecting such items.
6 Section 127. Section 316.2065, Florida Statutes, is
7 amended to read:
8 316.2065 Bicycle and motorized scooter regulations.--
9 (1) Every person propelling a vehicle by human power,
10 or operating a motorized scooter as defined in s. 316.003, has
11 all of the rights and all of the duties applicable to the
12 driver of any other vehicle under this chapter, except as to
13 special regulations in this chapter, and except as to
14 provisions of this chapter which by their nature can have no
15 application.
16 (2) A person operating a bicycle may not ride other
17 than upon or astride a permanent and regular seat attached
18 thereto.
19 (3)(a) A bicycle may not be used to carry more persons
20 at one time than the number for which it is designed or
21 equipped, except that an adult rider may carry a child
22 securely attached to his or her person in a backpack or sling.
23 (b) Except as provided in paragraph (a), a bicycle
24 rider must carry any passenger who is a child under 4 years of
25 age, or who weighs 40 pounds or less, in a seat or carrier
26 that is designed to carry a child of that age or size and that
27 secures and protects the child from the moving parts of the
28 bicycle.
29 (c) A bicycle rider may not allow a passenger to
30 remain in a child seat or carrier on a bicycle when the rider
31 is not in immediate control of the bicycle.
7
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (d) A bicycle rider or passenger who is under 16 years
2 of age must wear a bicycle helmet that is properly fitted and
3 is fastened securely upon the passenger's head by a strap, and
4 that meets the standards of the American National Standards
5 Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
6 standards of the Snell Memorial Foundation (1984 Standard for
7 Protective Headgear for Use in Bicycling), or any other
8 nationally recognized standards for bicycle helmets adopted by
9 the department. As used in this subsection, the term
10 "passenger" includes a child who is riding in a trailer or
11 semitrailer attached to a bicycle.
12 (e) Law enforcement officers and school crossing
13 guards may issue a bicycle safety brochure and a verbal
14 warning to a bicycle rider or passenger who violates this
15 subsection. A bicycle rider or passenger who violates this
16 subsection may be issued a citation by a law enforcement
17 officer and assessed a fine for a pedestrian violation, as
18 provided in s. 318.18. The court shall dismiss the charge
19 against a bicycle rider or passenger for a first violation of
20 paragraph (d) upon proof of purchase of a bicycle helmet that
21 complies with this subsection.
22 (f) A person operating a motorized scooter may not
23 carry passengers.
24 (4) No person riding upon any bicycle, coaster, roller
25 skates, sled, motorized scooter, or toy vehicle may attach the
26 same or himself or herself to any vehicle upon a roadway. This
27 subsection does not prohibit attaching a bicycle trailer or
28 bicycle semitrailer to a bicycle if that trailer or
29 semitrailer is commercially available and has been designed
30 for such attachment.
31 (5)(a) Any person operating a bicycle upon a roadway
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 at less than the normal speed of traffic at the time and place
2 and under the conditions then existing shall ride as close as
3 practicable to the right-hand curb or edge of the roadway
4 except under any of the following situations:
5 1. When overtaking and passing another bicycle,
6 motorized scooter, or vehicle proceeding in the same
7 direction.
8 2. When preparing for a left turn at an intersection
9 or into a private road or driveway.
10 3. When reasonably necessary to avoid any condition,
11 including, but not limited to, a fixed or moving object,
12 parked or moving vehicle, bicycle, motorized scooter,
13 pedestrian, animal, surface hazard, or substandard-width lane,
14 that makes it unsafe to continue along the right-hand curb or
15 edge. For the purposes of this subsection, a
16 "substandard-width lane" is a lane that is too narrow for a
17 bicycle or motorized scooter and another vehicle to travel
18 safely side by side within the lane.
19 (b) Any person operating a bicycle or motorized
20 scooter upon a one-way highway with two or more marked traffic
21 lanes may ride as near the left-hand curb or edge of such
22 roadway as practicable.
23 (6) Persons riding bicycles or motorized scooters upon
24 a roadway may not ride more than two abreast except on paths
25 or parts of roadways set aside for the exclusive use of
26 bicycles. Persons riding two abreast may not impede traffic
27 when traveling at less than the normal speed of traffic at the
28 time and place and under the conditions then existing and
29 shall ride within a single lane.
30 (7) Any person operating a bicycle or motorized
31 scooter shall keep at least one hand upon the handlebars.
9
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (8) Every bicycle or motorized scooter in use between
2 sunset and sunrise shall be equipped with a lamp on the front
3 exhibiting a white light visible from a distance of at least
4 500 feet to the front and a lamp and reflector on the rear
5 each exhibiting a red light visible from a distance of 600
6 feet to the rear. A bicycle or motorized scooter its rider
7 may be equipped with lights or reflectors in addition to those
8 required by this section.
9 (9) No parent of any minor child and no guardian of
10 any minor ward may authorize or knowingly permit any such
11 minor child or ward to violate any of the provisions of this
12 section.
13 (10) A person propelling a vehicle by human power or
14 operating a motorized scooter, upon and along a sidewalk, or
15 across a roadway upon and along a crosswalk, has all the
16 rights and duties applicable to a pedestrian under the same
17 circumstances.
18 (11) A person propelling a bicycle upon and along a
19 sidewalk, or across a roadway upon and along a crosswalk,
20 shall yield the right-of-way to any pedestrian and shall give
21 an audible signal before overtaking and passing such
22 pedestrian.
23 (12) No person upon roller skates, or riding in or by
24 means of any coaster, toy vehicle, or similar device, may go
25 upon any roadway except while crossing a street on a
26 crosswalk; and, when so crossing, such person shall be granted
27 all rights and shall be subject to all of the duties
28 applicable to pedestrians.
29 (13) This section shall not apply upon any street
30 while set aside as a play street authorized herein or as
31 designated by state, county, or municipal authority.
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (14) Every bicycle and motorized scooter shall be
2 equipped with a brake or brakes which will enable its rider to
3 stop the bicycle or motorized scooter within 25 feet from a
4 speed of 10 miles per hour on dry, level, clean pavement.
5 (15) A person engaged in the business of selling
6 bicycles or motorized scooters at retail shall not sell such
7 any bicycle or motorized scooter unless it the bicycle has an
8 identifying number permanently stamped or cast on its frame.
9 (16)(a) A person may not knowingly rent or lease any
10 bicycle to be ridden by a child who is under the age of 16
11 years unless:
12 1. The child possesses a bicycle helmet; or
13 2. The lessor provides a bicycle helmet for the child
14 to wear.
15 (b) A violation of this subsection is a nonmoving
16 violation, punishable as provided in s. 318.18.
17 (17) The court may waive, reduce, or suspend payment
18 of any fine imposed under subsection (3) or subsection (16)
19 and may impose any other conditions on the waiver, reduction,
20 or suspension. If the court finds that a person does not have
21 sufficient funds to pay the fine, the court may require the
22 performance of a specified number of hours of community
23 service or attendance at a safety seminar.
24 (18) Notwithstanding s. 318.21, all proceeds collected
25 pursuant to s. 318.18 for violations under paragraphs (3)(e)
26 and (16)(b) shall be deposited into the State Transportation
27 Trust Fund.
28 (19) The failure of a person to wear a bicycle helmet
29 or the failure of a parent or guardian to prevent a child from
30 riding a bicycle without a bicycle helmet may not be
31 considered evidence of negligence or contributory negligence.
11
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (20) Except as otherwise provided in this section, a
2 violation of this section is a noncriminal traffic infraction,
3 punishable as a pedestrian violation as provided in chapter
4 318. A law enforcement officer may issue traffic citations for
5 a violation of subsection (3) or subsection (16) only if the
6 violation occurs on a bicycle path or road, as defined in s.
7 334.03. However, they may not issue citations to persons on
8 private property, except any part thereof which is open to the
9 use of the public for purposes of vehicular traffic.
10 Section 128. Subsection (2) of section 316.228,
11 Florida Statutes, is amended to read:
12 316.228 Lamps or flags on projecting load.--
13 (2) Any commercial motor vehicle or trailer, except as
14 stated in s. 316.515(7), transporting a load of unprocessed
15 logs or, long pulpwood, poles, or posts which load extends
16 extend more than 4 feet beyond the rear of the body or bed of
17 such vehicle, must have securely fixed as close as practical
18 to the end of any such projection one amber strobe-type lamp
19 equipped with a multidirectional type lens so mounted as to be
20 visible from the rear and both sides of the projecting load.
21 If the mounting of one strobe lamp cannot be accomplished so
22 that it is visible from the rear and both sides of the
23 projecting load, multiple strobe lights shall be utilized so
24 as to meet the visibility requirements of this subsection. The
25 strobe lamp must flash at a rate of at least 60 flashes per
26 minute and must be plainly visible from a distance of at least
27 500 feet to the rear and sides of the projecting load at any
28 time of the day or night. The lamp must be operating at any
29 time of the day or night when the vehicle is operated on any
30 highway or parked on the shoulder or immediately adjacent to
31 the traveled portion of any public roadway. The projecting
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 load shall also be marked with a red flag as described in
2 subsection (1).
3 Section 129. Subsection (9) of section 316.2397,
4 Florida Statutes, is amended to read:
5 316.2397 Certain lights prohibited; exceptions.--
6 (9) Flashing red lights may be used by emergency
7 response vehicles of the Department of Environmental
8 Protection and the Department of Health when responding to an
9 emergency in the line of duty.
10 Section 130. Section 316.520, Florida Statutes, is
11 amended to read:
12 316.520 Loads on vehicles.--
13 (1) A vehicle may not be driven or moved on any
14 highway unless the vehicle is so constructed or loaded as to
15 prevent any of its load from dropping, shifting, leaking,
16 blowing, or otherwise escaping therefrom, except that sand may
17 be dropped only for the purpose of securing traction or water
18 or other substance may be sprinkled on a roadway in cleaning
19 or maintaining the roadway.
20 (2) It is the duty of every owner and driver,
21 severally, of any vehicle hauling, upon any public road or
22 highway open to the public, dirt, sand, lime rock, gravel,
23 silica, or other similar aggregate or trash, garbage, or any
24 similar material that could fall or blow from such vehicle, to
25 prevent such materials from falling, blowing, or in any way
26 escaping from such vehicle. Covering and securing the load
27 with a close-fitting tarpaulin or other appropriate cover is
28 required.
29 (3) A violation of this section is a noncriminal
30 traffic infraction, punishable as a moving nonmoving violation
31 as provided in chapter 318.
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (4) This section does not apply to vehicles carrying
2 agricultural products locally from a field harvest site to a
3 farm storage site or to a farm feed lot on roads where the
4 posted speed limit is 60 miles per hour or less and the
5 distance driven on public roads is less than 20 miles.
6 Section 131. Subsections (1), (2), and (3) of section
7 316.640, Florida Statutes, are amended to read:
8 316.640 Enforcement.--The enforcement of the traffic
9 laws of this state is vested as follows:
10 (1) STATE.--
11 (a)1.a. The Division of Florida Highway Patrol of the
12 Department of Highway Safety and Motor Vehicles, the Division
13 of Law Enforcement of the Fish and Wildlife Conservation
14 Commission, the Division of Law Enforcement of the Department
15 of Environmental Protection, and law enforcement officers of
16 the Department of Transportation each have authority to
17 enforce all of the traffic laws of this state on all the
18 streets and highways thereof and elsewhere throughout the
19 state wherever the public has a right to travel by motor
20 vehicle. The Division of the Florida Highway Patrol may employ
21 as a traffic accident investigation officer any individual who
22 successfully completes at least 200 hours of instruction in
23 traffic accident investigation and court presentation through
24 the Selective Traffic Enforcement Program as approved by the
25 Criminal Justice Standards and Training Commission and funded
26 through the National Highway Traffic Safety Administration or
27 a similar program approved by the commission, but who does not
28 necessarily meet the uniform minimum standards established by
29 the commission for law enforcement officers or auxiliary law
30 enforcement officers under chapter 943. Any such traffic
31 accident investigation officer who makes an investigation at
14
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 the scene of a traffic accident may issue traffic citations,
2 based upon personal investigation, when he or she has
3 reasonable and probable grounds to believe that a person who
4 was involved in the accident committed an offense under this
5 chapter, chapter 319, chapter 320, or chapter 322 in
6 connection with the accident. This paragraph does not permit
7 the carrying of firearms or other weapons, nor do such
8 officers have arrest authority other than for the issuance of
9 a traffic citation as authorized in this paragraph.
10 b. University police officers shall have authority to
11 enforce all of the traffic laws of this state when such
12 violations occur on or about any property or facilities that
13 are under the guidance, supervision, regulation, or control of
14 a state university, a direct support organization of such
15 state university, or any other organization controlled by the
16 state university or a direct support organization of the state
17 university the State University System, except that traffic
18 laws may be enforced off-campus when hot pursuit originates
19 on-campus on or adjacent to any such property or facilities.
20 c. Community college police officers shall have the
21 authority to enforce all the traffic laws of this state only
22 when such violations occur on any property or facilities that
23 are under the guidance, supervision, regulation, or control of
24 the community college system.
25 d. Police officers employed by an airport authority
26 shall have the authority to enforce all of the traffic laws of
27 this state only when such violations occur on any property or
28 facilities that are owned or operated by an airport authority.
29 (I) An airport authority may employ as a parking
30 enforcement specialist any individual who successfully
31 completes a training program established and approved by the
15
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 Criminal Justice Standards and Training Commission for parking
2 enforcement specialists but who does not otherwise meet the
3 uniform minimum standards established by the commission for
4 law enforcement officers or auxiliary or part-time officers
5 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
6 construed to permit the carrying of firearms or other weapons,
7 nor shall such parking enforcement specialist have arrest
8 authority.
9 (II) A parking enforcement specialist employed by an
10 airport authority is authorized to enforce all state, county,
11 and municipal laws and ordinances governing parking only when
12 such violations are on property or facilities owned or
13 operated by the airport authority employing the specialist, by
14 appropriate state, county, or municipal traffic citation.
15 e. The Office of Agricultural Law Enforcement of the
16 Department of Agriculture and Consumer Services shall have the
17 authority to enforce traffic laws of this state only as
18 authorized by the provisions of chapter 570. However, nothing
19 in this section shall expand the authority of the Office of
20 Agricultural Law Enforcement at its agricultural inspection
21 stations to issue any traffic tickets except those traffic
22 tickets for vehicles illegally passing the inspection station.
23 f. School safety officers shall have the authority to
24 enforce all of the traffic laws of this state when such
25 violations occur on or about any property or facilities which
26 are under the guidance, supervision, regulation, or control of
27 the district school board.
28 2. An agency of the state as described in subparagraph
29 1. is prohibited from establishing a traffic citation quota. A
30 violation of this subparagraph is not subject to the penalties
31 provided in chapter 318.
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 3. Any disciplinary action taken or performance
2 evaluation conducted by an agency of the state as described in
3 subparagraph 1. of a law enforcement officer's traffic
4 enforcement activity must be in accordance with written
5 work-performance standards. Such standards must be approved by
6 the agency and any collective bargaining unit representing
7 such law enforcement officer. A violation of this subparagraph
8 is not subject to the penalties provided in chapter 318.
9 (b)1. The Department of Transportation has authority
10 to enforce on all the streets and highways of this state all
11 laws applicable within its authority.
12 2.a. The Department of Transportation shall develop
13 training and qualifications standards for toll enforcement
14 officers whose sole authority is to enforce the payment of
15 tolls pursuant to s. 316.1001. Nothing in this subparagraph
16 shall be construed to permit the carrying of firearms or other
17 weapons, nor shall a toll enforcement officer have arrest
18 authority.
19 b. For the purpose of enforcing s. 316.1001,
20 governmental entities, as defined in s. 334.03, which own or
21 operate a toll facility may employ independent contractors or
22 designate employees as toll enforcement officers; however, any
23 such toll enforcement officer must successfully meet the
24 training and qualifications standards for toll enforcement
25 officers established by the Department of Transportation.
26 (2) COUNTIES.--
27 (a) The sheriff's office of each of the several
28 counties of this state shall enforce all of the traffic laws
29 of this state on all the streets and highways thereof and
30 elsewhere throughout the county wherever the public has the
31 right to travel by motor vehicle. In addition, the sheriff's
17
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Amendment No. ___ (for drafter's use only)
1 office may be required by the county to enforce the traffic
2 laws of this state on any private or limited access road or
3 roads over which the county has jurisdiction pursuant to a
4 written agreement entered into under s. 316.006(3)(b).
5 (b) The sheriff's office of each county may employ as
6 a traffic crash investigation officer any individual who
7 successfully completes at least 200 hours of instruction in
8 traffic crash investigation and court presentation through the
9 Selective Traffic Enforcement Program (STEP) as approved by
10 the Criminal Justice Standards and Training Commission and
11 funded through the National Highway Traffic Safety
12 Administration (NHTSA) or a similar program approved by the
13 commission, but who does not necessarily otherwise meet the
14 uniform minimum standards established by the commission for
15 law enforcement officers or auxiliary law enforcement officers
16 under chapter 943. Any such traffic crash investigation
17 officer who makes an investigation at the scene of a traffic
18 crash may issue traffic citations when, based upon personal
19 investigation, he or she has reasonable and probable grounds
20 to believe that a person who was involved in the crash has
21 committed an offense under this chapter, chapter 319, chapter
22 320, or chapter 322 in connection with the crash accident.
23 This paragraph does not permit the carrying of firearms or
24 other weapons, nor do such officers have arrest authority
25 other than for the issuance of a traffic citation as
26 authorized in this paragraph.
27 (c) The sheriff's office of each of the several
28 counties of this state may employ as a parking enforcement
29 specialist any individual who successfully completes a
30 training program established and approved by the Criminal
31 Justice Standards and Training Commission for parking
18
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 enforcement specialists, but who does not necessarily
2 otherwise meet the uniform minimum standards established by
3 the commission for law enforcement officers or auxiliary or
4 part-time officers under s. 943.12.
5 1. A parking enforcement specialist employed by the
6 sheriff's office of each of the several counties of this state
7 is authorized to enforce all state and county laws,
8 ordinances, regulations, and official signs governing parking
9 within the unincorporated areas of the county by appropriate
10 state or county citation and may issue such citations for
11 parking in violation of signs erected pursuant to s.
12 316.006(3) at parking areas located on property owned or
13 leased by a county, whether or not such areas are within the
14 boundaries of a chartered municipality.
15 2. A parking enforcement specialist employed pursuant
16 to this subsection shall not carry firearms or other weapons
17 or have arrest authority.
18 (3) MUNICIPALITIES.--
19 (a) The police department of each chartered
20 municipality shall enforce the traffic laws of this state on
21 all the streets and highways thereof and elsewhere throughout
22 the municipality wherever the public has the right to travel
23 by motor vehicle. In addition, the police department may be
24 required by a municipality to enforce the traffic laws of this
25 state on any private or limited access road or roads over
26 which the municipality has jurisdiction pursuant to a written
27 agreement entered into under s. 316.006(2)(b). However,
28 nothing in this chapter shall affect any law, general,
29 special, or otherwise, in effect on January 1, 1972, relating
30 to "hot pursuit" without the boundaries of the municipality.
31 (b) The police department of a chartered municipality
19
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 may employ as a traffic crash investigation officer any
2 individual who successfully completes at least 200 hours of
3 instruction in traffic crash investigation and court
4 presentation through the Selective Traffic Enforcement Program
5 (STEP) as approved by the Criminal Justice Standards and
6 Training Commission and funded through the National Highway
7 Traffic Safety Administration (NHTSA) or a similar program
8 approved by the commission, but who does not otherwise meet
9 the uniform minimum standards established by the commission
10 for law enforcement officers or auxiliary law enforcement
11 officers under chapter 943. Any such traffic crash
12 investigation officer who makes an investigation at the scene
13 of a traffic crash is authorized to issue traffic citations
14 when, based upon personal investigation, he or she has
15 reasonable and probable grounds to believe that a person
16 involved in the crash has committed an offense under the
17 provisions of this chapter, chapter 319, chapter 320, or
18 chapter 322 in connection with the crash. Nothing in This
19 paragraph does not shall be construed to permit the carrying
20 of firearms or other weapons, nor do shall such officers have
21 arrest authority other than for the issuance of a traffic
22 citation as authorized above.
23 (c)1. A chartered municipality or its authorized
24 agency or instrumentality may employ as a parking enforcement
25 specialist any individual who successfully completes a
26 training program established and approved by the Criminal
27 Justice Standards and Training Commission for parking
28 enforcement specialists, but who does not otherwise meet the
29 uniform minimum standards established by the commission for
30 law enforcement officers or auxiliary or part-time officers
31 under s. 943.12.
20
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 2. A parking enforcement specialist employed by a
2 chartered municipality or its authorized agency or
3 instrumentality is authorized to enforce all state, county,
4 and municipal laws and ordinances governing parking within the
5 boundaries of the municipality employing the specialist, by
6 appropriate state, county, or municipal traffic citation.
7 Nothing in this paragraph shall be construed to permit the
8 carrying of firearms or other weapons, nor shall such a
9 parking enforcement specialist have arrest authority.
10 3. A parking enforcement specialist employed pursuant
11 to this subsection may not carry firearms or other weapons or
12 have arrest authority.
13 Section 132. Subsection (3) of section 316.650,
14 Florida Statutes, is amended to read:
15 316.650 Traffic citations.--
16 (3) Every traffic enforcement officer, upon issuing a
17 traffic citation to an alleged violator of any provision of
18 the motor vehicle laws of this state or of any traffic
19 ordinance of any city or town, shall deposit the original and
20 one copy of such traffic citation or, in the case of a traffic
21 enforcement agency which has an automated citation issuance
22 system, shall provide an electronic facsimile with a court
23 having jurisdiction over the alleged offense or with its
24 traffic violations bureau within 5 days after issuance to the
25 violator. If a law enforcement officer distributes additional
26 information, such information shall be a copy of the traffic
27 school reference guide.
28 Section 133. Subsection (9) of section 318.14, Florida
29 Statutes, is amended to read:
30 318.14 Noncriminal traffic infractions; exception;
31 procedures.--
21
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (9) Any person who is cited for an infraction under
2 this section other than a violation of s. 320.0605, s.
3 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or
4 s. 322.62 may, in lieu of a court appearance, elect to attend
5 in the location of his or her choice within this state a basic
6 driver improvement course approved by the Department of
7 Highway Safety and Motor Vehicles. In such a case,
8 adjudication must be withheld; points, as provided by s.
9 322.27, may not be assessed; and the civil penalty that is
10 imposed by s. 318.18(3) must be reduced by 18 percent;
11 however, a person may not make an election under this
12 subsection if the person has made an election under this
13 subsection in the preceding 12 months. A person may make no
14 more than five elections under this subsection. The
15 requirement for community service under s. 318.18(8) is not
16 waived by a plea of nolo contendere or by the withholding of
17 adjudication of guilt by a court.
18 Section 134. Subsection (6) and paragraph (a) of
19 subsection (8) of section 318.18, Florida Statutes, are
20 amended to read:
21 318.18 Amount of civil penalties.--The penalties
22 required for a noncriminal disposition pursuant to s. 318.14
23 are as follows:
24 (6) One hundred dollars or the fine amount designated
25 by county ordinance, plus court costs for illegally parking,
26 under s. 316.1955, in a parking space provided for people who
27 have disabilities. However, this fine will be waived if a
28 person provides to the law enforcement agency that issued the
29 citation for such a violation proof that the person committing
30 the violation has a valid parking permit or license plate
31 issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.
22
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 320.0845, or s. 320.0848 or a signed affidavit that the owner
2 of the disabled parking permit or license plate was present at
3 the time the violation occurred, and that such a parking
4 permit or license plate was valid at the time the violation
5 occurred. The law enforcement officer, upon determining that
6 all required documentation has been submitted verifying that
7 the required parking permit or license plate was valid at the
8 time of the violation, must sign an affidavit of compliance.
9 Upon provision of the affidavit of compliance and payment of a
10 $5 dismissal fee to the clerk of the circuit court, the clerk
11 shall dismiss the citation.
12 (8)(a) Any person who fails to comply with the court's
13 requirements or who fails to pay the civil penalties specified
14 in this section within the 30-day period provided for in s.
15 318.14 must pay an additional civil penalty of $12, $2.50 of
16 which must be deposited into the General Revenue Fund, and
17 $9.50 of which must be deposited in the Highway Safety
18 Operating Trust Fund. There is hereby appropriated from the
19 Highway Safety Operating Trust Fund for fiscal year 1996-1997
20 the amount of $4 million. From this appropriation the
21 department shall contract with the Florida Association of
22 Court Clerks, Inc., to design, establish, operate, upgrade,
23 and maintain an automated statewide Uniform Traffic Citation
24 Accounting System to be operated by the clerks of the court
25 which shall include, but not be limited to, the accounting for
26 traffic infractions by type, a record of the disposition of
27 the citations, and an accounting system for the fines assessed
28 and the subsequent fine amounts paid to the clerks of the
29 court. On or before December 1, 2002 2001, the clerks of the
30 court must provide the information required by this chapter to
31 be transmitted to the department by electronic transmission
23
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 pursuant to the contract.
2 (b) Any person who fails to comply with the court's
3 requirements as to civil penalties specified in this section
4 due to demonstrable financial hardship shall be authorized to
5 satisfy such civil penalties by public works or community
6 service. Each hour of such service shall be applied, at the
7 rate of the minimum wage, toward payment of the person's civil
8 penalties; provided, however, that if the person has a trade
9 or profession for which there is a community service need and
10 application, the rate for each hour of such service shall be
11 the average standard wage for such trade or profession. Any
12 person who fails to comply with the court's requirements as to
13 such civil penalties who does not demonstrate financial
14 hardship may also, at the discretion of the court, be
15 authorized to satisfy such civil penalties by public works or
16 community service in the same manner.
17 (c) If the noncriminal infraction has caused or
18 resulted in the death of another, the person who committed the
19 infraction may perform 120 community service hours under s.
20 316.027(4), in addition to any other penalties.
21 Section 135. Paragraph (b) of subsection (1) and
22 subsection (2) of section 322.0261, Florida Statutes, are
23 amended to read:
24 322.0261 Mandatory driver improvement course; certain
25 crashes.--
26 (1) The department shall screen crash reports received
27 under s. 316.066 or s. 324.051 to identify crashes involving
28 the following:
29 (b) A second crash by the same operator within the
30 previous 2-year period involving property damage in an
31 apparent amount of at least $2,500 $500.
24
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (2) With respect to an operator convicted of, or who
2 pleaded nolo contendere to, a traffic offense giving rise to a
3 crash identified pursuant to subsection (1), the department
4 shall require that the operator, in addition to other
5 applicable penalties, attend a departmentally approved basic
6 driver improvement course in order to maintain driving
7 privileges. If the operator fails to complete the course
8 within 90 days of receiving notice from the department, the
9 operator's driver's license shall be canceled by the
10 department until the course is successfully completed.
11 Section 136. Section 322.02615, Florida Statutes, is
12 created to read:
13 322.02615 Mandatory driver improvement course; certain
14 violations.--
15 (1) The department shall screen reports of convictions
16 for violations of chapter 316 to identify operators who:
17 (a) Are less than 21 years of age and have been
18 convicted of, or pleaded nolo contendere to, a noncriminal
19 moving infraction and have also been convicted of, or pleaded
20 nolo contendere to, another noncriminal moving infraction
21 since initial license issuance.
22 (b) Have been convicted of, or pleaded nolo contendere
23 to, more than one noncriminal moving infraction in a 12-month
24 period.
25 (2) With respect to an operator convicted of, or who
26 has pleaded nolo contendere to, a noncriminal traffic offense
27 identified under subsection (1), the department shall require
28 that the operator, in addition to other applicable penalties,
29 attend a departmentally approved basic driver improvement
30 course in order to maintain driving privileges. If the
31 operator fails to complete the course within 90 days after
25
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 receiving notice from the department, the operator's driver's
2 license shall be suspended by the department until the course
3 is successfully completed.
4 (3) Attendance of a course approved by the department
5 as a driver improvement course for purposes of s. 318.14(9)
6 shall satisfy the requirements of this section. However,
7 attendance of a course as required by this section is not
8 included in the limitation on course elections under s.
9 318.14(9).
10 Section 137. Subsection (5) of section 318.1451,
11 Florida Statutes, is amended to read:
12 318.1451 Driver improvement schools.--
13 (5)(a) No governmental entity or court shall provide,
14 issue, or maintain any information or orders regarding driver
15 improvement schools or course providers, with the exception of
16 the traffic school reference guide or course provider list
17 referred to in paragraph (b) directing inquiries or requests
18 to the local telephone directory heading of driving
19 instruction or the traffic school reference guide. However,
20 the department is authorized to maintain the information and
21 records necessary to administer its duties and
22 responsibilities for driver improvement courses. Where such
23 information is a public record as defined in chapter 119, it
24 shall be made available to the public upon request pursuant to
25 s. 119.07(1). Course providers receiving requests for
26 information about traffic schools from geographic areas that
27 they do not serve shall provide a telephone number for a
28 course provider that they believe services such geographic
29 area.
30 (b) The department shall prepare for any governmental
31 entity or court to distribute a traffic school reference guide
26
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 which shall list the benefits of attending a driver
2 improvement school and contain the names of the fully approved
3 course providers with a single telephone number for each such
4 provider, as furnished by the provider. The cost of producing
5 the traffic school reference guide must be assumed equally by
6 providers electing to have their course included in the guide.
7 Clerks of court may reproduce the traffic school reference
8 guide course provider list, provided that each name is rotated
9 on each reproduction so that each provider occupies each
10 position on the list in a equitable manner, but under no
11 circumstance may any list of course providers or schools be
12 included, and shall refer further inquiries to the telephone
13 directory under driving instruction.
14 Section 138. Section 319.001, Florida Statutes, is
15 amended to read:
16 319.001 Definitions.--As used in this chapter, the
17 term:
18 (1) "Department" means the Department of Highway
19 Safety and Motor Vehicles.
20 (2) "Front-end assembly" means fenders, hood, grill,
21 and bumper.
22 (3)(2) "Licensed dealer," unless otherwise
23 specifically provided, means a motor vehicle dealer licensed
24 under s. 320.27, a mobile home dealer licensed under s.
25 320.77, or a recreational vehicle dealer licensed under s.
26 320.771.
27 (4) "Motorcycle body assembly" means frame, fenders,
28 and gas tanks.
29 (5) "Motorcycle engine" means cylinder block, heads,
30 engine case, and crank case.
31 (6) "Motorcycle transmission" means drive train.
27
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (7)(3) "New mobile home" means a mobile home the
2 equitable or legal title to which has never been transferred
3 by a manufacturer, distributor, importer, or dealer to an
4 ultimate purchaser.
5 (8)(4) "New motor vehicle" means a motor vehicle the
6 equitable or legal title to which has never been transferred
7 by a manufacturer, distributor, importer, or dealer to an
8 ultimate purchaser; however, when legal title is not
9 transferred but possession of a motor vehicle is transferred
10 pursuant to a conditional sales contract or lease and the
11 conditions are not satisfied and the vehicle is returned to
12 the motor vehicle dealer, the motor vehicle may be resold by
13 the motor vehicle dealer as a new motor vehicle, provided the
14 selling motor vehicle dealer gives the following written
15 notice to the purchaser: "THIS VEHICLE WAS DELIVERED TO A
16 PREVIOUS PURCHASER." The purchaser shall sign an
17 acknowledgment, a copy of which is kept in the selling
18 dealer's file.
19 (9) "Rear body section" means both quarter panels,
20 decklid, bumper, and floor pan.
21 (10)(5) "Satisfaction of lien" means full payment of a
22 debt or release of a debtor from a lien by the lienholder.
23 (11)(6) "Used motor vehicle" means any motor vehicle
24 that is not a "new motor vehicle" as defined in subsection
25 (8)(4).
26 Section 139. Subsections (1), (2), and (3) of section
27 319.14, Florida Statutes, are amended, subsections (6), (7),
28 and (8) are renumbered as subsections (7), (8), and (9),
29 respectively, and a new subsection (6) is added to said
30 section, to read:
31 319.14 Sale of motor vehicles registered or used as
28
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles
2 and nonconforming vehicles.--
3 (1)(a) No person shall knowingly offer for sale, sell,
4 or exchange any vehicle that has been licensed, registered, or
5 used as a taxicab, police vehicle, or short-term-lease
6 vehicle, or a vehicle that has been repurchased by a
7 manufacturer pursuant to a settlement, determination, or
8 decision under chapter 681, until the department has stamped
9 in a conspicuous place on the certificate of title of the
10 vehicle, or its duplicate, words stating the nature of the
11 previous use of the vehicle or the title has been stamped
12 "Manufacturer's Buy Back" to reflect that the vehicle is a
13 nonconforming vehicle. If the certificate of title or
14 duplicate was not so stamped upon initial issuance thereof or
15 if, subsequent to initial issuance of the title, the use of
16 the vehicle is changed to a use requiring the notation
17 provided for in this section, the owner or lienholder of the
18 vehicle shall surrender the certificate of title or duplicate
19 to the department prior to offering the vehicle for sale, and
20 the department shall stamp the certificate or duplicate as
21 required herein. When a vehicle has been repurchased by a
22 manufacturer pursuant to a settlement, determination, or
23 decision under chapter 681, the title shall be stamped
24 "Manufacturer's Buy Back" to reflect that the vehicle is a
25 nonconforming vehicle.
26 (b) No person shall knowingly offer for sale, sell, or
27 exchange a rebuilt vehicle until the department has stamped in
28 a conspicuous place on the certificate of title for the
29 vehicle words stating that the vehicle has been rebuilt or,
30 assembled from parts, or combined, or is a kit car, glider
31 kit, replica, or flood vehicle unless proper application for a
29
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 certificate of title for a vehicle that is rebuilt or,
2 assembled from parts, or combined, or is a kit car, glider
3 kit, replica, or flood vehicle has been made to the department
4 in accordance with this chapter and the department or its
5 agent has conducted the physical examination of the vehicle to
6 assure the identity of the vehicle and all major component
7 parts, as defined in s. 319.30(1)(e), which have been repaired
8 or replaced. Thereafter, the department shall affix a decal to
9 the vehicle, in the manner prescribed by the department,
10 showing the vehicle to be rebuilt.
11 (c) As used in this section:
12 1. "Police vehicle" means a motor vehicle owned or
13 leased by the state or a county or municipality and used in
14 law enforcement.
15 2.a. "Short-term-lease vehicle" means a motor vehicle
16 leased without a driver and under a written agreement to one
17 or more persons from time to time for a period of less than 12
18 months.
19 b. "Long-term-lease vehicle" means a motor vehicle
20 leased without a driver and under a written agreement to one
21 person for a period of 12 months or longer.
22 c. "Lease vehicle" includes both short-term-lease
23 vehicles and long-term-lease vehicles.
24 3. "Rebuilt vehicle" means a motor vehicle or mobile
25 home built from salvage or junk, as defined in s. 319.30(1).
26 4. "Assembled from parts" means a motor vehicle or
27 mobile home assembled from parts or combined from parts of
28 motor vehicles or mobile homes, new or used. "Assembled from
29 parts" does not mean a motor vehicle defined as a "rebuilt
30 vehicle" in subparagraph 3., which has been declared a total
31 loss pursuant to s. 319.30.
30
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 5. "Combined" means assembled by combining two motor
2 vehicles neither of which has been titled and branded as
3 "Salvage Unrebuildable."
4 5.6. "Kit car" means a motor vehicle assembled with a
5 kit supplied by a manufacturer to rebuild a wrecked or
6 outdated motor vehicle with a new body kit.
7 6.7. "Glider kit" means a vehicle assembled with a kit
8 supplied by a manufacturer to rebuild a wrecked or outdated
9 truck or truck tractor.
10 7.8. "Replica" means a complete new motor vehicle
11 manufactured to look like an old vehicle.
12 8.9. "Flood vehicle" means a motor vehicle or mobile
13 home that has been declared to be a total loss pursuant to s.
14 319.30(3)(a) resulting from damage caused by water.
15 9.10. "Nonconforming vehicle" means a motor vehicle
16 which has been purchased by a manufacturer pursuant to a
17 settlement, determination, or decision under chapter 681.
18 10.11. "Settlement" means an agreement entered into
19 between a manufacturer and a consumer that occurs after a
20 dispute is submitted to a program, or an informal dispute
21 settlement procedure established by a manufacturer or is
22 approved for arbitration before the New Motor Vehicle
23 Arbitration Board as defined in s. 681.102.
24 (2) No person shall knowingly sell, exchange, or
25 transfer a vehicle referred to in subsection (1) without,
26 prior to consummating the sale, exchange, or transfer,
27 disclosing in writing to the purchaser, customer, or
28 transferee the fact that the vehicle has previously been
29 titled, registered, or used as a taxicab, police vehicle, or
30 short-term-lease vehicle or is a vehicle that is rebuilt or,
31 assembled from parts, or combined, or is a kit car, glider
31
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 kit, replica, or flood vehicle, or is a nonconforming vehicle,
2 as the case may be.
3 (3) Any person who, with intent to offer for sale or
4 exchange any vehicle referred to in subsection (1), knowingly
5 or intentionally advertises, publishes, disseminates,
6 circulates, or places before the public in any communications
7 medium, whether directly or indirectly, any offer to sell or
8 exchange the vehicle shall clearly and precisely state in each
9 such offer that the vehicle has previously been titled,
10 registered, or used as a taxicab, police vehicle, or
11 short-term-lease vehicle or that the vehicle or mobile home is
12 a vehicle that is rebuilt or, assembled from parts, or
13 combined, or is a kit car, glider kit, replica, or flood
14 vehicle, or a nonconforming vehicle, as the case may be. Any
15 person who violates this subsection is guilty of a misdemeanor
16 of the second degree, punishable as provided in s. 775.082 or
17 s. 775.083.
18 (6) Any person who removes a rebuilt decal from a
19 rebuilt vehicle or who knowingly possesses a rebuilt vehicle
20 from which a rebuilt decal has been removed is guilty of a
21 felony of the third degree punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084.
23 Section 140. Paragraph (c) of subsection (3) and
24 subsection (5) of section 319.23, Florida Statutes, is amended
25 and a new subsection (11) is added to that section to read:
26 319.23 Application for, and issuance of, certificate
27 of title.--
28 (3) If a certificate of title has not previously been
29 issued for a motor vehicle or mobile home in this state, the
30 application, unless otherwise provided for in this chapter,
31 shall be accompanied by a proper bill of sale or sworn
32
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 statement of ownership, or a duly certified copy thereof, or
2 by a certificate of title, bill of sale, or other evidence of
3 ownership required by the law of the state or county from
4 which the motor vehicle or mobile home was brought into this
5 state. The application shall also be accompanied by:
6 (c) If the vehicle is an ancient or antique vehicle,
7 as defined in s. 320.086, the application shall be accompanied
8 by a certificate of title; a bill of sale and a registration;
9 or a bill of sale and an affidavit by the owner defending the
10 title from all claims. The bill of sale must contain a
11 complete vehicle description to include the vehicle
12 identification or engine number, year make, color, selling
13 price, and signatures of the seller and purchaser.
14
15 Verification of the vehicle identification number is not
16 required for any new motor vehicle; any mobile home; any
17 trailer or semitrailer with a net weight of less than 2,000
18 pounds; or any travel trailer, camping trailer, truck camper,
19 or fifth-wheel recreation trailer.
20 (5) The certificate of title issued by the department
21 for a motor vehicle or mobile home previously registered
22 outside this state shall give the name of the state or country
23 in which the vehicle was last registered outside this state.
24 The department shall retain the evidence of title presented by
25 the applicant and based on which the certificate of title is
26 issued. The department shall use reasonable diligence in
27 ascertaining whether or not the facts in the application are
28 true; and, if satisfied that the applicant is the owner of the
29 motor vehicle or mobile home and that the application is in
30 the proper form, it shall issue a certificate of title.
31 (11) The department is not required to retain any
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 evidence of title presented by the applicant and based on
2 which the certificate of title issued.
3 Section 141. Paragraph (a) of subsection (1) of
4 section 319.28, Florida Statutes, is amended to read:
5 319.28 Transfer of ownership by operation of law.--
6 (1)(a) In the event of the transfer of ownership of a
7 motor vehicle or mobile home by operation of law as upon
8 inheritance, devise or bequest, order in bankruptcy,
9 insolvency, replevin, attachment, execution or other judicial
10 sale or whenever the engine of a motor vehicle is replaced by
11 another engine or whenever a motor vehicle is sold to satisfy
12 storage or repair charges or repossession is had upon default
13 in performance of the terms of a security agreement, chattel
14 mortgage, conditional sales contract, trust receipt, or other
15 like agreement, and upon the surrender of the prior
16 certificate of title or, when that is not possible,
17 presentation of satisfactory proof to the department of
18 ownership and right of possession to such motor vehicle or
19 mobile home, and upon payment of the fee prescribed by law and
20 presentation of an application for certificate of title, the
21 department may issue to the applicant a certificate of title
22 thereto. If the application is predicated upon a security
23 agreement, chattel mortgage, conditional sales contract, trust
24 receipt, or other like agreement, the original instrument or a
25 certified copy thereof shall accompany the application;
26 however, if an owner under a chattel mortgage voluntarily
27 surrenders possession of the motor vehicle or mobile home, the
28 original or a certified copy of the chattel mortgage shall
29 accompany the application for a certificate of title and it
30 shall not be necessary to institute proceedings in any court
31 to foreclose such mortgage.
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 Section 142. Paragraphs (e) and (f) of subsection (1)
2 and paragraph (b) of subsection (3) of section 319.30, Florida
3 Statutes, are amended to read:
4 319.30 Definitions; dismantling, destruction, change
5 of identity of motor vehicle or mobile home; salvage.--
6 (1) As used in this section, the term:
7 (e) "Major component parts" means:
8 1. For motor vehicles other than motorcycles: the
9 front-end assembly (fenders, hood, grill, bumper), cowl
10 assembly, rear body section (both quarter panels, decklid,
11 bumper), floor pan, door assemblies, engine, frame,
12 transmission, and airbag.
13 2. For trucks, in addition to 1. above: the truck
14 bed.
15 3. For motorcycles: body assembly, frame, fenders,
16 gas tanks, engine, cylinder block, heads, engine case, crank
17 case, transmission, drive train, front fork assembly, and
18 wheels.
19 4. For mobile homes: the frame. the front-end
20 assembly (fenders, hood, grill, and bumper); cowl assembly;
21 rear body section (both quarter panels, decklid, bumper, and
22 floor pan); door assemblies; engine; frame; or transmission.
23 (f) "Major part" means the front-end assembly
24 (fenders, hood, grill, and bumper); cowl assembly; or rear
25 body section (both quarter panels, decklid, bumper, and floor
26 pan).
27 (3)
28 (b) The owner of any motor vehicle or mobile home
29 which is considered to be salvage shall, within 72 hours after
30 the motor vehicle or mobile home becomes salvage, forward the
31 title to the motor vehicle or mobile home to the department
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 for processing. However, an insurance company which pays money
2 as compensation for total loss of a motor vehicle or mobile
3 home shall obtain the certificate of title for the motor
4 vehicle or mobile home and, within 72 hours after receiving
5 such certificate of title, shall forward such title to the
6 department for processing. The owner or insurance company, as
7 the case may be, may not dispose of a vehicle or mobile home
8 that is a total loss before it has obtained a salvage
9 certificate of title or certificate of destruction from the
10 department. When applying for a salvage certificate of title
11 or certificate of destruction, the owner or insurance company
12 must provide the department with an estimate of the costs of
13 repairing the physical and mechanical damage suffered by the
14 vehicle for which a salvage certificate of title or
15 certificate of destruction is sought. If the estimated costs
16 of repairing the physical and mechanical damage to the vehicle
17 are equal to 80 percent or more of the current retail cost of
18 the vehicle, as established in any official used car or used
19 mobile home guide, the department shall declare the vehicle
20 unrebuildable and print a certificate of destruction, which
21 authorizes the dismantling or destruction of the motor vehicle
22 or mobile home described therein. This certificate of
23 destruction shall be reassignable a maximum of two times
24 before dismantling or destruction of the vehicle shall be
25 required, and shall accompany the motor vehicle or mobile home
26 for which it is issued, when such motor vehicle or mobile home
27 is sold for such purposes, in lieu of a certificate of title,
28 and, thereafter, the department shall refuse issuance of any
29 certificate of title for that vehicle. Nothing in this
30 subsection shall be applicable when a vehicle is worth less
31 than $1,500 retail in undamaged condition in any official used
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 motor vehicle guide or used mobile home guide. An insurer
2 paying a total loss claim may obtain a certificate of
3 destruction for such vehicle. or When a stolen motor vehicle
4 or mobile home is recovered in substantially intact condition
5 and is readily resalable without extensive repairs to or
6 replacement of the frame or engine, the insurer shall obtain a
7 certificate of title in its own name before the vehicle may be
8 sold or transferred. Any person who willfully and deliberately
9 violates this paragraph or falsifies any document to avoid the
10 requirements of this paragraph commits a misdemeanor of the
11 first degree, punishable as provided in s. 775.082 or s.
12 775.083.
13 Section 143. Subsection (1) of section 320.01, Florida
14 Statutes, is amended to read:
15 320.01 Definitions, general.--As used in the Florida
16 Statutes, except as otherwise provided, the term:
17 (1) "Motor vehicle" means:
18 (a) An automobile, motorcycle, truck, trailer,
19 semitrailer, truck tractor and semitrailer combination, or any
20 other vehicle operated on the roads of this state, used to
21 transport persons or property, and propelled by power other
22 than muscular power, but the term does not include traction
23 engines, road rollers, such vehicles as run only upon a track,
24 bicycles, motorized scooters, or mopeds.
25 (b) A recreational vehicle-type unit primarily
26 designed as temporary living quarters for recreational,
27 camping, or travel use, which either has its own motive power
28 or is mounted on or drawn by another vehicle. Recreational
29 vehicle-type units, when traveling on the public roadways of
30 this state, must comply with the length and width provisions
31 of s. 316.515, as that section may hereafter be amended. As
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 defined below, the basic entities are:
2 1. The "travel trailer," which is a vehicular portable
3 unit, mounted on wheels, of such a size or weight as not to
4 require special highway movement permits when drawn by a
5 motorized vehicle. It is primarily designed and constructed to
6 provide temporary living quarters for recreational, camping,
7 or travel use. It has a body width of no more than 8 1/2 feet
8 and an overall body length of no more than 40 feet when
9 factory-equipped for the road.
10 2. The "camping trailer," which is a vehicular
11 portable unit mounted on wheels and constructed with
12 collapsible partial sidewalls which fold for towing by another
13 vehicle and unfold at the campsite to provide temporary living
14 quarters for recreational, camping, or travel use.
15 3. The "truck camper," which is a truck equipped with
16 a portable unit designed to be loaded onto, or affixed to, the
17 bed or chassis of the truck and constructed to provide
18 temporary living quarters for recreational, camping, or travel
19 use.
20 4. The "motor home," which is a vehicular unit which
21 does not exceed the 40 feet in length, and the height, and the
22 width limitations provided in s. 316.515, is a self-propelled
23 motor vehicle, and is primarily designed to provide temporary
24 living quarters for recreational, camping, or travel use.
25 5. The "private motor coach," which is a vehicular
26 unit which does not exceed the length, width, and height
27 limitations provided in s. 316.515(9), is built on a
28 self-propelled bus type chassis having no fewer than three
29 load-bearing axles, and is primarily designed to provide
30 temporary living quarters for recreational, camping, or travel
31 use.
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 6. The "van conversion," which is a vehicular unit
2 which does not exceed the length and width limitations
3 provided in s. 316.515, is built on a self-propelled motor
4 vehicle chassis, and is designed for recreation, camping, and
5 travel use.
6 7. The "park trailer," which is a transportable unit
7 which has a body width not exceeding 14 feet and which is
8 built on a single chassis and is designed to provide seasonal
9 or temporary living quarters when connected to utilities
10 necessary for operation of installed fixtures and appliances.
11 The total area of the unit in a setup mode, when measured from
12 the exterior surface of the exterior stud walls at the level
13 of maximum dimensions, not including any bay window, does not
14 exceed 400 square feet when constructed to ANSI A-119.5
15 standards, and 500 square feet when constructed to United
16 States Department of Housing and Urban Development Standards.
17 The length of a park trailer means the distance from the
18 exterior of the front of the body (nearest to the drawbar and
19 coupling mechanism) to the exterior of the rear of the body
20 (at the opposite end of the body), including any protrusions.
21 8. The "fifth-wheel trailer," which is a vehicular
22 unit mounted on wheels, designed to provide temporary living
23 quarters for recreational, camping, or travel use, of such
24 size or weight as not to require a special highway movement
25 permit, of gross trailer area not to exceed 400 square feet in
26 the setup mode, and designed to be towed by a motorized
27 vehicle that contains a towing mechanism that is mounted above
28 or forward of the tow vehicle's rear axle.
29 Section 144. Subsections (18) and (19) are added to
30 section 320.02, Florida Statutes, to read:
31 320.02 Registration required; application for
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 registration; forms.--
2 (18) The application form for motor vehicle
3 registration and renewal of registration must include language
4 permitting a voluntary contribution of $2 per applicant, which
5 shall be distributed to the Hearing Research Institute,
6 Incorporated, for the purpose of infant hearing screening in
7 Florida.
8 (19) The application form for motor vehicle
9 registration and renewal of registration must include language
10 permitting a voluntary contribution of $1 per applicant, which
11 shall be distributed to the Juvenile Diabetes Foundation
12 International.
13 Section 145. Paragraph (b) of subsection (4) and
14 subsections (5), (6), and (7) of section 320.023, Florida
15 Statutes, are amended, and subsection (8) is added to said
16 section, to read:
17 320.023 Requests to establish voluntary checkoff on
18 motor vehicle registration application.--
19 (4)
20 (b) The department is authorized to discontinue the
21 voluntary contribution and distribution of associated proceeds
22 if the organization no longer exists, if the organization has
23 stopped providing services that are authorized to be funded
24 from the voluntary contributions, or pursuant to an
25 organizational recipient's request. Organizations are required
26 to notify the department immediately to stop warrants for
27 voluntary check-off contributions if any of the conditions in
28 this subsection exist, and must meet the requirements of
29 paragraph (5)(b) or paragraph (5)(c), if applicable, for any
30 period of operation during the fiscal year.
31 (5) A voluntary contribution collected and distributed
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 under this chapter, or any interest earned from those
2 contributions, may not be used for commercial or for-profit
3 activities nor for general or administrative expenses, except
4 as authorized by law, or to pay the cost of the audit or
5 report required by law.
6 (a) All organizations that receive annual use fee
7 proceeds from the department are responsible for ensuring that
8 proceeds are used in accordance with law.
9 (b) All organizational recipients of any voluntary
10 contributions in excess of $15,000, not otherwise subject to
11 annual audit by the Office of the Auditor General, shall
12 submit an annual audit of the expenditures of these
13 contributions and interest earned from these contributions, to
14 determine if expenditures are being made in accordance with
15 the specifications outlined by law. The audit shall be
16 prepared by a certified public accountant licensed under
17 chapter 473 at that organizational recipient's expense. The
18 notes to the financial statements should state whether
19 expenditures were made in accordance with law.
20 (b)(c) Any organization not subject to In lieu of an
21 annual audit pursuant to s. 215.97 shall,any organization
22 receiving less than $15,000 in voluntary contributions
23 directly from the department may annually attest report, under
24 penalties of perjury, that such proceeds were used in
25 compliance with law. The attestation shall be made annually in
26 a form and format determined by the department.
27 (c)(d) Any voluntary contributions authorized by law
28 shall only be distributed to an organization under an
29 appropriation by the Legislature.
30 (d)(e) Any organization subject to audit pursuant to
31 s. 215.97 shall submit an audit report in accordance with
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 rules promulgated by the Auditor General. The annual
2 attestation audit or report shall be submitted to the
3 department for review within 9 months 180 days after the end
4 of the organization's fiscal year.
5 (6) Within 90 days after receiving an organization's
6 audit or attestation report, the department shall determine
7 which recipients have not complied with subsection (5). If
8 the department determines that an organization has not
9 complied or has failed to use the revenues in accordance with
10 law, the department must discontinue the distribution of the
11 revenues to the organization until the department determines
12 that the organization has complied. If an organization fails
13 to comply within 12 months after the voluntary contributions
14 are withheld by the department, the proceeds shall be
15 deposited into the Highway Safety Operating Trust Fund to
16 offset department costs.
17 (7) The Auditor General and the department has have
18 the authority to examine all records pertaining to the use of
19 funds from the voluntary contributions authorized.
20 (8) All organizations seeking to establish a voluntary
21 contribution on a motor vehicle registration application that
22 are required to operate under the Solicitation of
23 Contributions Act, as provided in chapter 496, must do so
24 before funds may be distributed.
25 Section 146. Subsections (1) and (2) of section
26 320.025, Florida Statutes, are amended to read:
27 320.025 Registration certificate and license plate
28 issued under fictitious name; application.--
29 (1) A confidential registration certificate and
30 registration license plate or decal shall be issued under a
31 fictitious name only for a motor vehicle or vessel owned or
42
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 operated by a law enforcement agency of state, county,
2 municipal, or federal government, the Attorney General's
3 Medicaid Fraud Control Unit, or any state public defender's
4 office. The requesting agency shall file a written application
5 with the department on forms furnished by the department,
6 which includes a statement that the license plate will be used
7 for the Attorney General's Medicaid Fraud Control Unit, or law
8 enforcement or any state public defender's office activities
9 requiring concealment of publicly leased or owned motor
10 vehicles or vessels and a statement of the position
11 classifications of the individuals who are authorized to use
12 the license plate. The department may modify its records to
13 reflect the fictitious identity of the owner or lessee until
14 such time as the license plate and registration certificate
15 are surrendered to it.
16 (2) Except as provided in subsection (1), any motor
17 vehicle owned or exclusively operated by the state or any
18 county, municipality, or other governmental entity must at all
19 times display a license plate of the type prescribed in s.
20 320.0655. Any vessel owned or exclusively operated by the
21 state or any county, municipality, or other governmental
22 entity must at all times display a registration number as
23 required in s. 328.56 and a vessel decal as required in s.
24 328.48(5).
25 Section 147. Subsections (1) and (2) of section
26 320.05, Florida Statutes, are amended read:
27 320.05 Records of the department; inspection
28 procedure; lists and searches; fees.--
29 (1) Except as provided in ss. s. 119.07(3) and
30 320.025(3), the department may release records as provided in
31 this section.
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (2) Upon receipt of an application for the
2 registration of a motor vehicle, vessel, or mobile home, as
3 herein provided for, the department shall register the motor
4 vehicle, vessel, or mobile home under the distinctive number
5 assigned to such motor vehicle, vessel, or mobile home by the
6 department. Electronic registration records shall be open to
7 the inspection of the public during business hours.
8 Information on a motor vehicle or vessel registration may not
9 be made available to a person unless the person requesting the
10 information furnishes positive proof of identification. The
11 agency that furnishes a motor vehicle or vessel registration
12 record shall record the name and address of any person other
13 than a representative of a law enforcement agency who requests
14 and receives information from a motor vehicle or vessel
15 registration record and shall also record the name and address
16 of the person who is the subject of the inquiry or other
17 information identifying the entity about which information is
18 requested. A record of each such inquiry must be maintained
19 for a period of 6 months from the date upon which the
20 information was released to the inquirer. Nothing in this
21 section shall prohibit any financial institution, insurance
22 company, motor vehicle dealer, licensee under chapter 493,
23 attorney, or other agency which the department determines has
24 the right to know from obtaining, for professional or business
25 use only, information in such records from the department
26 through any means of telecommunication pursuant to a code
27 developed by the department providing all fees specified in
28 subsection (3) have been paid. The department shall disclose
29 records or information to the child support enforcement agency
30 to assist in the location of individuals who owe or
31 potentially owe child support or to whom such an obligation is
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 owed pursuant to Title IV-D of the Social Security Act.
2 Section 148. Subsection (5) of section 320.055,
3 Florida Statutes, is amended to read:
4 320.055 Registration periods; renewal periods.--The
5 following registration periods and renewal periods are
6 established:
7 (5) For a vehicle subject to apportioned registration
8 under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the
9 registration period shall be a period of 12 months beginning
10 in a month designated by the department and ending on the last
11 day of the 12th month. For a vehicle subject to this
12 registration period, the renewal period is the last month of
13 the registration period. The registration period may be
14 shortened or extended at the discretion of the department, on
15 receipt of the appropriate prorated fees, in order to evenly
16 distribute such registrations on a monthly basis. For vehicles
17 subject to registration other than apportioned under s.
18 320.08(4), (5)(a)1., (6)(b), or (14), the registration period
19 begins December 1 and ends November 30. The renewal period is
20 the 31-day period beginning December 1.
21 Section 149. Paragraphs (b) and (c) of subsection (1)
22 of section 320.06, Florida Statutes, are amended to read:
23 320.06 Registration certificates, license plates, and
24 validation stickers generally.--
25 (1)
26 (b) Registration license plates bearing a graphic
27 symbol and the alphanumeric system of identification shall be
28 issued for a 5-year period. At the end of said 5-year period,
29 upon renewal, the plate shall be replaced. The fee for such
30 replacement shall be $10, $2 of which shall be paid each year
31 before the plate is replaced, to be credited towards the next
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 $10 replacement fee. The fees shall be deposited into the
2 Highway Safety Operating Trust Fund. A credit or refund shall
3 not be given for any prior years' payments of such prorated
4 replacement fee when the plate is replaced or surrendered
5 before the end of the 5-year period. With each license plate,
6 there shall be issued a validation sticker showing the owner's
7 birth month, license plate number, and the year of expiration
8 or the appropriate renewal period if the owner is not a
9 natural person. The validation sticker is to be placed on the
10 upper right corner of the license plate. This validation
11 sticker shall be placed on the upper left corner of the
12 license plate and shall be issued one time during the life of
13 the license plate, or upon request when it has been damaged or
14 destroyed. There shall also be issued with each license plate
15 a serially numbered validation sticker showing the year of
16 expiration, which sticker shall be placed on the upper right
17 corner of the license plate. Such license plate and validation
18 stickers shall be issued based on the applicant's appropriate
19 renewal period. The registration period shall be a period of
20 12 months, and all expirations shall occur based on the
21 applicant's appropriate registration period. A vehicle with
22 an apportioned registration shall be issued an annual license
23 plate and a cab card that denote the declared gross vehicle
24 weight for each apportioned jurisdiction in which the vehicle
25 is authorized to operate.
26 (c) Registration license plates equipped with
27 validation stickers shall be valid for not more than 12 months
28 and shall expire at midnight on the last day of the
29 registration period. For each registration period after the
30 one in which the metal registration license plate is issued,
31 and until the license plate is required to be replaced, a
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 validation sticker showing the month and year of expiration
2 shall be issued upon payment of the proper license tax amount
3 and fees and shall be valid for not more than 12 months. When
4 license plates equipped with validation stickers are issued in
5 any month other than the owner's birth month or the designated
6 registration period for any other motor vehicle, the effective
7 date shall reflect the birth month or month and the year of
8 renewal. However, when a license plate or validation sticker
9 is issued for a period of less than 12 months, the applicant
10 shall pay the appropriate amount of license tax and the
11 applicable fee under the provisions of s. 320.14 in addition
12 to all other fees. Validation stickers issued for vehicles
13 taxed under the provisions of s. 320.08(6)(a), for any company
14 which owns 250 vehicles or more, or for semitrailers taxed
15 under the provisions of s. 320.08(5)(a), for any company which
16 owns 50 vehicles or more, may be placed on any vehicle in the
17 fleet so long as the vehicle receiving the validation sticker
18 has the same owner's name and address as the vehicle to which
19 the validation sticker was originally assigned.
20 Section 150. Paragraphs (h) and (i) are added to
21 subsection (2) of section 320.072, Florida Statutes, to read:
22 320.072 Additional fee imposed on certain motor
23 vehicle registration transactions.--
24 (1) A fee of $100 is imposed upon the initial
25 application for registration pursuant to s. 320.06 of every
26 motor vehicle classified in s. 320.08(2), (3), and (9)(c) and
27 (d).
28 (2) The fee imposed by subsection (1) shall not apply
29 to:
30 (h) Any license plate issued in the previous 10-year
31 period from the date the transaction is being processed.
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (i) Any license plate issued to a vehicle taxed under
2 s. 320.08(2), (3), and (9)(c) or (d) at any time during the
3 previous 10-year period.
4 Section 151. Subsection (6) of section 320.0805,
5 Florida Statutes, is amended to read:
6 320.0805 Personalized prestige license plates.--
7 (6) A personalized prestige license plate shall be
8 issued for the exclusive continuing use of the applicant. An
9 exact duplicate of any plate may not be issued to any other
10 applicant during the same registration period. An exact
11 duplicate may not be issued for any succeeding year unless the
12 previous owner of a specific plate relinquishes it by failure
13 to apply for renewal or reissuance for 1 year following the
14 last year of issuance three consecutive annual registration
15 periods following the original year of issuance.
16 Section 152. Paragraph (h) of subsection (4) of
17 section 320.08056, Florida Statutes, is amended to read:
18 320.08056 Specialty license plates.--
19 (4) The following license plate annual use fees shall
20 be collected for the appropriate specialty license plates:
21 (h) Florida educational license plate, $25 $15.
22 Section 153. Paragraph (ff) is added to subsection (4)
23 of section 320.08056, Florida Statutes, and paragraphs (a),
24 (b), and (c) of subsection (8) of that section, are amended to
25 read:
26 320.08056 Specialty license plates.--
27 (4) The following license plate annual use fees shall
28 be collected for the appropriate specialty license plates:
29 (ff) Florida Golf license plate, $25.
30 (8)(a) The department must discontinue the issuance of
31 an approved specialty license plate if:
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 1. Less than 8,000 plates, including annual renewals,
2 are issued for that specialty license plate by the end of the
3 5th year of sales.
4 2. Less than 8,000 plates, including annual renewals,
5 are issued for that specialty license plate during any
6 subsequent 5-year period.
7 (b) The department is authorized to discontinue the
8 issuance of a specialty license plate and distribution of
9 associated annual use fee proceeds if the organization no
10 longer exists, if the organization has stopped providing
11 services that are authorized to be funded from the annual use
12 fee proceeds, or pursuant to an organizational recipient's
13 request. An organization is required to notify the department
14 immediately to stop all warrants for plate sales if any of the
15 conditions in this section exist, and the organization must
16 comply with s. 320.08062 for any period of operation during a
17 fiscal year.
18 (c) The requirements of paragraph (a) shall not apply
19 to collegiate specialty license plates authorized in s.
20 320.08058(3), and (13), (21), and (26).
21 Section 154. Subsection (32) is added to section
22 320.08058, Florida Statutes to read:
23 320.08058 Specialty license plates.--
24 (32) FLORIDA GOLF LICENSE PLATES.--
25 (a) The Department of Highway Safety and Motor
26 Vehicles shall develop a Florida Golf license plate as
27 provided in this section. The word "Florida" must appear at
28 the bottom of the plate. The Dade Amateur Golf Association,
29 following consultation with the PGA TOUR, the Florida Sports
30 Foundation, the LPGA and the PGA of America may submit a
31 revised sample plate for consideration by the department.
49
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (b) The department shall distribute the Florida Golf
2 license plate annual use fee to the Florida Sports Foundation,
3 a direct support organization of the Office of Tourism, Trade,
4 and Economic Development. The license plate annual use fees
5 are to be annually allocated as follows:
6 1. Up to five percent of the proceeds from the annual
7 use fees may be used by the Florida Sports Foundation for the
8 administration of the Florida Youth Golf Program.
9 2. The Dade Amateur Golf Association shall receive the
10 first $80,000 in proceeds from the annual use fees for the
11 operation of youth golf programs in Miami-Dade County.
12 Thereafter, 15 percent of the proceeds from the annual use fee
13 shall be provided to the Dade Amateur Golf Association for the
14 operation of youth golf programs in Miami-Dade County.
15 3. The remaining proceeds from the annual use fee
16 shall be available for grants to nonprofit organizations to
17 operate youth golf programs and for the purpose of marketing
18 the Florida Golf License Plates. All grant recipients,
19 including the Dade Amateur Golf Association, shall be required
20 to provide to the Florida Sports Foundation an annual program
21 and financial report regarding the use of grant funds. Such
22 reports shall be made available to the public.
23 (c) The Florida Sports Foundation shall establish a
24 Florida Youth Golf Program. The Florida Youth Golf Program
25 shall assist organizations for the benefit of youth, introduce
26 young people to golf, instruct young people in golf, teach the
27 values of golf, and stress life skills, fair play, courtesy,
28 and self-discipline.
29 (d) The Florida Sports Foundation shall establish a
30 five-member committee to offer advice regarding the
31 distribution of the annual use fees for grants to nonprofit
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Amendment No. ___ (for drafter's use only)
1 organizations. The advisory committee shall consist of one
2 member from a group serving youth, one member from a group
3 serving disabled youth, and three members at large.
4 Section 155. Section 320.08062, Florida Statutes, is
5 amended to read:
6 320.08062 Audits and attestation required; annual use
7 fees of specialty license plates.--
8 (1)(a) All organizations that receive annual use fee
9 proceeds from the department are responsible for ensuring that
10 proceeds are used in accordance with ss. 320.08056 and
11 320.08058.
12 (b) All organizational recipients of any specialty
13 license plate annual use fee authorized in this chapter, not
14 otherwise subject to annual audit by the Office of the Auditor
15 General, shall submit an annual audit of the expenditures of
16 annual use fees and interest earned from these fees, to
17 determine if expenditures are being made in accordance with
18 the specifications outlined by law. The audit shall be
19 prepared by a certified public accountant licensed under
20 chapter 473 at that organizational recipient's expense. The
21 notes to the financial statements should state whether
22 expenditures were made in accordance with ss. 320.08056 and
23 320.08058.
24 (b)(c) Any organization not subject to In lieu of an
25 annual audit pursuant to s. 215.97 shall, any organization
26 receiving less than $25,000 in annual use fee proceeds
27 directly from the department, or from another state agency,
28 may annually attest report, under penalties of perjury, that
29 such proceeds were used in compliance with ss. 320.08056 and
30 320.08058. The attestation shall be made annually in a form
31 and format determined by the department.
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Amendment No. ___ (for drafter's use only)
1 (c)(d) Any organization subject to audit pursuant to
2 s. 215.97 shall submit an audit report in accordance with
3 rules promulgated by the Auditor General. The annual
4 attestation audit or report shall be submitted to the
5 department for review within 9 months 180 days after the end
6 of the organization's fiscal year.
7 (2) Within 90 days after receiving an organization's
8 audit or attestation report, the department shall determine
9 which recipients of revenues from specialty license plate
10 annual use fees have not complied with subsection (1). If the
11 department determines that an organization has not complied or
12 has failed to use the revenues in accordance with ss.
13 320.08056 and 320.08058, the department must discontinue the
14 distribution of the revenues to the organization until the
15 department determines that the organization has complied. If
16 an organization fails to comply within 12 months after the
17 annual use fee proceeds are withheld by the department, the
18 proceeds shall be deposited into the Highway Safety Operating
19 Trust Fund to offset department costs related to the issuance
20 of specialty license plates.
21 (3) The Auditor General and the department has have
22 the authority to examine all records pertaining to the use of
23 funds from the sale of specialty license plates.
24 Section 156. Subsection (1) of section 320.083,
25 Florida Statutes, is amended to read:
26 320.083 Amateur radio operators; special license
27 plates; fees.--
28 (1) A person who is the owner or lessee of an
29 automobile or truck for private use, a truck weighing not more
30 than 7,999 5,000 pounds, or a recreational vehicle as
31 specified in s. 320.08(9)(c) or (d), which is not used for
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Amendment No. ___ (for drafter's use only)
1 hire or commercial use; who is a resident of the state; and
2 who holds a valid official amateur radio station license
3 issued by the Federal Communications Commission shall be
4 issued a special license plate upon application, accompanied
5 by proof of ownership of such radio station license, and
6 payment of the following tax and fees:
7 (a) The license tax required for the vehicle, as
8 prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),
9 (c), (d), (e), or (f), or (9); and
10 (b) An initial additional fee of $5, and an additional
11 fee of $1.50 thereafter.
12 Section 157. Subsections (1), (2), and (3) of section
13 320.089, Florida Statutes, are amended to read:
14 320.089 Members of National Guard and active United
15 States Armed Forces reservists; former prisoners of war;
16 survivors of Pearl Harbor; Purple Heart medal recipients;
17 special license plates; fee.--
18 (1)(a) Each owner or lessee of an automobile or truck
19 for private use or recreational vehicle as specified in s.
20 320.08(9)(c) or (d), which is not used for hire or commercial
21 use, who is a resident of the state and an active or retired
22 member of the Florida National Guard, a survivor of the attack
23 on Pearl Harbor, a recipient of the Purple Heart medal, or an
24 active member of any branch of the United States Armed Forces
25 Reserve shall, upon application to the department, accompanied
26 by proof of active membership or retired status in the Florida
27 National Guard, proof of membership in the Pearl Harbor
28 Survivors Association or proof of active military duty in
29 Pearl Harbor on December 7, 1941, proof of being a Purple
30 Heart medal recipient, or proof of active membership in any
31 branch of the Armed Forces Reserve, and upon payment of the
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Amendment No. ___ (for drafter's use only)
1 license tax for the vehicle as provided in s. 320.08, be
2 issued a license plate as provided by s. 320.06, upon which,
3 in lieu of the serial numbers prescribed by s. 320.06, shall
4 be stamped the words "National Guard," "Pearl Harbor
5 Survivor," "Combat-wounded veteran," or "U.S. Reserve," as
6 appropriate, followed by the serial number of the license
7 plate. Additionally, the Purple Heart plate may have the words
8 "Purple Heart" stamped on the plate and the likeness of the
9 Purple Heart medal appearing on the plate.
10 (b) Notwithstanding any other provision of law to the
11 contrary beginning with fiscal year 2000-2001 and annually
12 thereafter, the first $50,000 in general revenue generated
13 from the sale of license plates issued under this section
14 which are stamped with the words "National Guard," "Pearl
15 Harbor Survivor," "Combat-wounded veteran," or "U.S. Reserve"
16 shall be deposited into the Grants and Donations Trust Fund,
17 as described in s. 296.38(2), to be used for the purposes
18 established by law for that trust fund.
19 (c) Notwithstanding any provisions of law to the
20 contrary, an applicant for a Pearl Harbor Survivor license
21 plate or a Purple Heart license plate who also qualifies for a
22 disabled veteran's license plate under s. 320.084 shall be
23 issued one appropriate special license plate without payment
24 of the license tax imposed by s. 320.08.
25 (2) Each owner or lessee of an automobile or truck for
26 private use, truck weighing not more than 7,999 5,000 pounds,
27 or recreational vehicle as specified in s. 320.08(9)(c) or
28 (d), which is not used for hire or commercial use, who is a
29 resident of the state and who is a former prisoner of war, or
30 their unremarried surviving spouse, shall, upon application
31 therefor to the department, be issued a license plate as
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Amendment No. ___ (for drafter's use only)
1 provided in s. 320.06, on which license plate are stamped the
2 words "Ex-POW" followed by the serial number. Each application
3 shall be accompanied by proof that the applicant meets the
4 qualifications specified in paragraph (a) or paragraph (b).
5 (a) A citizen of the United States who served as a
6 member of the Armed Forces of the United States or the armed
7 forces of a nation allied with the United States who was held
8 as a prisoner of war at such time as the Armed Forces of the
9 United States were engaged in combat, or their unremarried
10 surviving spouse, may be issued the special license plate
11 provided for in this subsection without payment of the license
12 tax imposed by s. 320.08.
13 (b) A person who was serving as a civilian with the
14 consent of the United States Government, or a person who was a
15 member of the Armed Forces of the United States who was not a
16 United States citizen and was held as a prisoner of war when
17 the Armed Forces of the United States were engaged in combat,
18 or their unremarried surviving spouse, may be issued the
19 special license plate provided for in this subsection upon
20 payment of the license tax imposed by s. 320.08.
21 (3) Each owner or lessee of an automobile or truck for
22 private use, truck weighing not more than 7,999 5,000 pounds,
23 or recreational vehicle as specified in s. 320.08(9)(c) or
24 (d), which is not used for hire or commercial use, who is a
25 resident of this state and who is the unremarried surviving
26 spouse of a recipient of the Purple Heart medal shall, upon
27 application therefor to the department, with the payment of
28 the required fees, be issued a license plate as provided in s.
29 320.06, on which license plate are stamped the words "Purple
30 Heart" and the likeness of the Purple Heart medal followed by
31 the serial number. Each application shall be accompanied by
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 proof that the applicant is the unremarried surviving spouse
2 of a recipient of the Purple Heart medal.
3 Section 158. Subsection (1) of section 320.18, Florida
4 Statutes, is amended to read:
5 320.18 Withholding registration.--
6 (1) The department may withhold the registration of
7 any motor vehicle or mobile home the owner of which has failed
8 to register it under the provisions of law for any previous
9 period or periods for which it appears registration should
10 have been made in this state, until the tax for such period or
11 periods is paid. The department may cancel any license plate
12 or fuel-use tax decal if the owner pays for the license plate,
13 fuel-use tax decal, or any tax liability, penalty, or interest
14 specified in chapter 207 by a dishonored check, or if the
15 vehicle owner or motor carrier has failed to pay a penalty for
16 a weight or safety violation issued by the Department of
17 Transportation Motor Carrier Compliance Office.. The
18 Department of Transportation and the Department of Highway
19 Safety and Motor Vehicles may impound any commercial motor
20 vehicle that has a canceled license plate or fuel-use tax
21 decal until the tax liability, penalty, and interest specified
22 in chapter 207, the license tax, or the fuel-use decal fee,
23 and applicable administrative fees have been paid for by
24 certified funds.
25 Section 159. Paragraph (c) of subsection (1) of
26 section 320.27, Florida Statutes, is amended, paragraph (f) is
27 added to said subsection, and subsections (7) and (9) of said
28 section are amended, to read:
29 320.27 Motor vehicle dealers.--
30 (1) DEFINITIONS.--The following words, terms, and
31 phrases when used in this section have the meanings
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 respectively ascribed to them in this subsection, except where
2 the context clearly indicates a different meaning:
3 (c) "Motor vehicle dealer" means any person engaged in
4 the business of buying, selling, or dealing in motor vehicles
5 or offering or displaying motor vehicles for sale at wholesale
6 or retail, or who may service and repair motor vehicles
7 pursuant to an agreement as defined in s. 320.60(1). Any
8 person who buys, sells, or deals in three or more motor
9 vehicles in any 12-month period or who offers or displays for
10 sale three or more motor vehicles in any 12-month period shall
11 be prima facie presumed to be engaged in such business. The
12 terms "selling" and "sale" include lease-purchase
13 transactions. A motor vehicle dealer may, at retail or
14 wholesale, sell a recreational vehicle as described in s.
15 320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of
16 a motor vehicle, provided such acquisition is incidental to
17 the principal business of being a motor vehicle dealer.
18 However, a motor vehicle dealer may not buy a recreational
19 vehicle for the purpose of resale unless licensed as a
20 recreational vehicle dealer pursuant to s. 320.771. A motor
21 vehicle dealer may apply for a certificate of title to a motor
22 vehicle required to be registered under s. 320.08(2)(b), (c),
23 and (d), using a manufacturer's statement of origin as
24 permitted by s. 319.23(1), only if such dealer is authorized
25 by a franchised agreement as defined in s. 320.60(1), to buy,
26 sell, or deal in such vehicle and is authorized by such
27 agreement to perform delivery and preparation obligations and
28 warranty defect adjustments on the motor vehicle; provided
29 this limitation shall not apply to recreational vehicles, van
30 conversions, or any other motor vehicle manufactured on a
31 truck chassis. The transfer of a motor vehicle by a dealer not
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 meeting these qualifications shall be titled as a used
2 vehicle. The classifications of motor vehicle dealers are
3 defined as follows:
4 1. "Franchised motor vehicle dealer" means any person
5 who engages in the business of repairing, servicing, buying,
6 selling, or dealing in motor vehicles pursuant to an agreement
7 as defined in s. 320.60(1).
8 2. "Independent motor vehicle dealer" means any person
9 other than a franchised or wholesale motor vehicle dealer who
10 engages in the business of buying, selling, or dealing in
11 motor vehicles, and who may service and repair motor vehicles.
12 3. "Wholesale motor vehicle dealer" means any person
13 who engages exclusively in the business of buying, selling, or
14 dealing in motor vehicles at wholesale or with motor vehicle
15 auctions. Such person shall be licensed to do business in this
16 state, shall not sell or auction a vehicle to any person who
17 is not a licensed dealer, and shall not have the privilege of
18 the use of dealer license plates. Any person who buys, sells,
19 or deals in motor vehicles at wholesale or with motor vehicle
20 auctions on behalf of a licensed motor vehicle dealer and as a
21 bona fide employee of such licensed motor vehicle dealer is
22 not required to be licensed as a wholesale motor vehicle
23 dealer. In such cases it shall be prima facie presumed that a
24 bona fide employer-employee relationship exists. A wholesale
25 motor vehicle dealer shall be exempt from the display
26 provisions of this section but shall maintain an office
27 wherein records are kept in order that those records may be
28 inspected.
29 4. "Motor vehicle auction" means any person offering
30 motor vehicles or recreational vehicles for sale to the
31 highest bidder where both sellers and buyers are licensed
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Amendment No. ___ (for drafter's use only)
1 motor vehicle dealers. Such person shall not sell a vehicle to
2 anyone other than a licensed motor vehicle dealer.
3 5. "Salvage motor vehicle dealer" means any person who
4 engages in the business of acquiring salvaged or wrecked motor
5 vehicles for the purpose of reselling them and their parts.
6
7 The term "motor vehicle dealer" does not include persons not
8 engaged in the purchase or sale of motor vehicles as a
9 business who are disposing of vehicles acquired for their own
10 use or for use in their business or acquired by foreclosure or
11 by operation of law, provided such vehicles are acquired and
12 sold in good faith and not for the purpose of avoiding the
13 provisions of this law; persons engaged in the business of
14 manufacturing, selling, or offering or displaying for sale at
15 wholesale or retail no more than 25 trailers in a 12-month
16 period; public officers while performing their official
17 duties; receivers; trustees, administrators, executors,
18 guardians, or other persons appointed by, or acting under the
19 judgment or order of, any court; banks, finance companies, or
20 other loan agencies that acquire motor vehicles as an incident
21 to their regular business; motor vehicle brokers; and motor
22 vehicle rental and leasing companies that sell motor vehicles
23 to motor vehicle dealers licensed under this section. Vehicles
24 owned under circumstances described in this paragraph may be
25 disposed of at retail, wholesale, or auction, unless otherwise
26 restricted. A manufacturer of fire trucks, ambulances, or
27 school buses may sell such vehicles directly to governmental
28 agencies or to persons who contract to perform or provide
29 firefighting, ambulance, or school transportation services
30 exclusively to governmental agencies without processing such
31 sales through dealers if such fire trucks, ambulances, school
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Amendment No. ___ (for drafter's use only)
1 buses, or similar vehicles are not presently available through
2 motor vehicle dealers licensed by the department.
3 (f) "Bona fide employee" means a person who is
4 employed by a licensed motor vehicle dealer and receives
5 annually an Internal Revenue Service Form W-2, or an
6 independent contractor who has a written contract with a
7 licensed motor vehicle dealer and receives annually an
8 Internal Revenue Service Form 1099, for the purpose of acting
9 in the capacity of or conducting motor vehicle sales
10 transactions as a motor vehicle dealer.
11 (7) CERTIFICATE OF TITLE REQUIRED.--For each used
12 motor vehicle in the possession of a licensee and offered for
13 sale by him or her, the licensee either shall have in his or
14 her possession or control a duly assigned certificate of title
15 from the owner in accordance with the provisions of chapter
16 319, from the time when the motor vehicle is delivered to the
17 licensee and offered for sale by him or her until it has been
18 disposed of by the licensee, or shall have reasonable indicia
19 of ownership or right of possession, or shall have made proper
20 application for a certificate of title or duplicate
21 certificate of title in accordance with the provisions of
22 chapter 319. A motor vehicle dealer may not sell or offer for
23 sale a vehicle in his or her possession unless the dealer
24 satisfies the requirements of this subsection. Reasonable
25 indicia of ownership shall include a duly assigned certificate
26 of title; in the case of a new motor vehicle, a manufacturer's
27 certificate of origin issued to or reassigned to the dealer; a
28 consignment contract between the owner and the dealer along
29 with a secure power of attorney from the owner to the dealer
30 authorizing the dealer to apply for a duplicate certificate of
31 title and assign the title on behalf of the owner; a court
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 order awarding title to the vehicle to the dealer; a salvage
2 certificate of title; a photocopy of a duly assigned
3 certificate of title being held by a financial institution as
4 collateral for a business loan of money to the dealer ("floor
5 plan"); a copy of a canceled check or other documentation
6 evidencing that an outstanding lien on a vehicle taken in
7 trade by a licensed dealer has been satisfied and that the
8 certificate of title will be, but has not yet been, received
9 by the dealer; a vehicle purchase order or installment
10 contract for a specific vehicle identifying that vehicle as a
11 trade-in on a replacement vehicle; or a duly executed odometer
12 disclosure statement as required by Title IV of the Motor
13 Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.
14 92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.
15 100-561) and by 49 C.F.R. part 580 bearing the signatures of
16 the titled owners of a traded-in vehicle.
17 (9) DENIAL, SUSPENSION, OR REVOCATION.--The department
18 may deny, suspend, or revoke any license issued hereunder or
19 under the provisions of s. 320.77 or s. 320.771, upon proof
20 that a licensee has failed to comply with any of the following
21 provisions with sufficient frequency so as to establish a
22 pattern of wrongdoing on the part of the licensee:
23 (a) Willful violation of any other law of this state,
24 including chapter 319, this chapter, or ss. 559.901-559.9221,
25 which has to do with dealing in or repairing motor vehicles or
26 mobile homes or willful failure to comply with any
27 administrative rule promulgated by the department.
28 Additionally, in the case of used motor vehicles, the willful
29 violation of the federal law and rule in 15 U.S.C. s. 2304, 16
30 C.F.R. part 455, pertaining to the consumer sales window form.
31 (b) Commission of fraud or willful misrepresentation
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 in application for or in obtaining a license.
2 (c) Perpetration of a fraud upon any person as a
3 result of dealing in motor vehicles, including, without
4 limitation, the misrepresentation to any person by the
5 licensee of the licensee's relationship to any manufacturer,
6 importer, or distributor.
7 (d) Representation that a demonstrator is a new motor
8 vehicle, or the attempt to sell or the sale of a demonstrator
9 as a new motor vehicle without written notice to the purchaser
10 that the vehicle is a demonstrator. For the purposes of this
11 section, a "demonstrator," a "new motor vehicle," and a "used
12 motor vehicle" shall be defined as under s. 320.60.
13 (e) Unjustifiable refusal to comply with a licensee's
14 responsibility under the terms of the new motor vehicle
15 warranty issued by its respective manufacturer, distributor,
16 or importer. However, if such refusal is at the direction of
17 the manufacturer, distributor, or importer, such refusal shall
18 not be a ground under this section.
19 (f) Misrepresentation or false, deceptive, or
20 misleading statements with regard to the sale or financing of
21 motor vehicles which any motor vehicle dealer has, or causes
22 to have, advertised, printed, displayed, published,
23 distributed, broadcast, televised, or made in any manner with
24 regard to the sale or financing of motor vehicles.
25 (g) Requirement by any motor vehicle dealer that a
26 customer or purchaser accept equipment on his or her motor
27 vehicle which was not ordered by the customer or purchaser.
28 (h) Requirement by any motor vehicle dealer that any
29 customer or purchaser finance a motor vehicle with a specific
30 financial institution or company.
31 (i) Failure by any motor vehicle dealer to provide a
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Amendment No. ___ (for drafter's use only)
1 customer or purchaser with an odometer disclosure statement
2 and a copy of any bona fide written, executed sales contract
3 or agreement of purchase connected with the purchase of the
4 motor vehicle purchased by the customer or purchaser.
5 (j) Failure of any motor vehicle dealer to comply with
6 the terms of any bona fide written, executed agreement,
7 pursuant to the sale of a motor vehicle.
8 (k) Requirement by the motor vehicle dealer that the
9 purchaser of a motor vehicle contract with the dealer for
10 physical damage insurance.
11 (l) Violation of any of the provisions of s. 319.35 by
12 any motor vehicle dealer.
13 (m) Either a history of bad credit or an unfavorable
14 credit rating as revealed by the applicant's official credit
15 report or by investigation by the department.
16 (n) Failure to disclose damage to a new motor vehicle
17 as defined in s. 320.60(10) of which the dealer had actual
18 knowledge if the dealer's actual cost of repair, excluding
19 tires, bumpers, and glass, exceeds 3 percent of the
20 manufacturer's suggested retail price; provided, however, if
21 only the application of exterior paint is involved, disclosure
22 shall be made if such touch-up paint application exceeds $100.
23 (o) Failure to apply for transfer of a title as
24 prescribed in s. 319.23(6).
25 (p) Use of the dealer license identification number by
26 any person other than the licensed dealer or his or her
27 designee.
28 (q) Conviction of a felony.
29 (r) Failure to continually meet the requirements of
30 the licensure law.
31 (s) A person who has been When a motor vehicle dealer
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Amendment No. ___ (for drafter's use only)
1 is convicted of a crime, infraction, or violation as set forth
2 in paragraph (g) which results in his or her being prohibited
3 from continuing in that capacity, the dealer may not serve
4 continue in any capacity within the industry. Such person The
5 offender shall have no financial interest, management, sales,
6 or other role in the operation of a dealership. Further, the
7 person offender may not derive income from the dealership
8 beyond reasonable compensation for the sale of his or her
9 ownership interest in the business. The license or application
10 of any dealership in which such person has an interest or
11 plays a role in violation of this subsection shall be denied
12 or revoked, as the case may be.
13 (t) Representation to a customer or any advertisement
14 to the general public representing or suggesting that a motor
15 vehicle is a new motor vehicle if such vehicle lawfully cannot
16 be titled in the name of the customer or other member of the
17 general public by the seller using a manufacturer's statement
18 of origin as permitted in s. 319.23(1).
19 (u) Failure to honor a bank draft or check given to a
20 motor vehicle dealer for the purchase of a motor vehicle by
21 another motor vehicle dealer within 10 days after notification
22 that the bank draft or check has been dishonored. A single
23 violation of this paragraph is sufficient for revocation or
24 suspension. If the transaction is disputed, the maker of the
25 bank draft or check shall post a bond in accordance with the
26 provisions of s. 559.917, and no proceeding for revocation or
27 suspension shall be commenced until the dispute is resolved.
28 (v) Sale by a motor vehicle dealer of a vehicle
29 offered in trade by a customer prior to consummation of the
30 sale, exchange, or transfer of a newly acquired vehicle to the
31 customer, unless the customer provides written authorization
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 for the sale of the trade-in vehicle prior to delivery of the
2 newly acquired vehicle.
3 Section 160. Section 320.691, Florida Statutes, is
4 created to read:
5 320.691 Automobile Dealers Industry Advisory Board.--
6 (1) AUTOMOBILE DEALERS INDUSTRY ADVISORY BOARD.--The
7 Automobile Dealers Industry Advisory Board is created within
8 the Department of Highway Safety and Motor Vehicles. The board
9 shall make recommendations on proposed legislation, make
10 recommendations on proposed rules and procedures, present
11 licensed motor vehicle dealer industry issues to the
12 department for its consideration, consider any matters
13 relating to the motor vehicle industry presented to it by the
14 department, and submit an annual report to the Executive
15 Director of the department and file copies with the Governor,
16 President of the Senate, and the Speaker of the House of
17 Representatives.
18 (2) MEMBERSHIP, TERMS, MEETINGS.--
19 (a) The board shall be composed of 12 members. The
20 Executive Director of the Department of Highway Safety and
21 Motor Vehicles shall appoint the members from names submitted
22 by the entities for the designated categories the member will
23 represent. The Executive Director shall appoint one
24 representative of the Department of Highway Safety and Motor
25 Vehicles, who must represent the Division of Motor Vehicles;
26 two representatives of the independent motor vehicle industry
27 as recommended by the Florida Independent Automobile Dealers
28 Association; two representatives of the franchise motor
29 vehicle industry as recommended by the Florida Automobile
30 Dealers Association; one representative of the auction motor
31 vehicle industry who is from an auction chain and is
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Amendment No. ___ (for drafter's use only)
1 recommended by a group affiliated with the National Auto
2 Auction Association; one representative of the auction motor
3 vehicle industry who is from an independent auction and is
4 recommended by a group affiliated with the National Auto
5 Auction Association; one representative from the Department of
6 Revenue; a Florida Tax Collector representative recommended by
7 the Florida Tax Collectors Association; one representative
8 from the Better Business Bureau; one representative from the
9 Department of Agriculture and Consumer Services, who must
10 represent the Division of Consumer Services; and one
11 representative of the insurance industry who writes motor
12 vehicle dealer surety bonds.
13 (b)1. The Executive Director shall appoint the
14 following initial members to 1-year terms: one representative
15 from the motor vehicle auction industry who represents an
16 auction chain, one representative from the independent motor
17 vehicle industry, one representative from the franchise motor
18 vehicle industry, one representative from the Department of
19 Revenue, one Florida Tax Collector, and one representative
20 from the Better Business Bureau.
21 2. The Executive Director shall appoint the following
22 initial members to 2-year terms: one representative from the
23 motor vehicle auction industry who represents an independent
24 auction, one representative from the independent motor vehicle
25 industry, one representative from the franchise motor vehicle
26 industry, one representative from the Division of Consumer
27 Services, one representative from the insurance industry, and
28 one representative from the Division of Motor Vehicles.
29 3. As the initial terms expire, the Executive Director
30 shall appoint successors from the same designated category for
31 terms of 2 years. If renominated, a member may succeed himself
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1 or herself.
2 4. The board shall appoint a chair and vice chair at
3 its initial meeting and every 2 years thereafter.
4 (c) The board shall meet at least two times per year.
5 Meetings may be called by the chair of the board or by the
6 Executive Director of the department. One meeting shall be
7 held in the fall of the year to review legislative proposals.
8 The board shall conduct all meetings in accordance with
9 applicable Florida Statutes and shall keep minutes of all
10 meetings. Meetings may be held in locations around the state
11 in department facilities or in other appropriate locations.
12 (3) PER DIEM, TRAVEL, AND STAFFING.--Members of the
13 board from the private sector are not entitled to per diem or
14 reimbursement for travel expenses. However, members of the
15 board from the public sector are entitled to reimbursement, if
16 any, from their respective agency. Members of the board may
17 request assistance from the Department of Highway Safety and
18 Motor Vehicles as necessary.
19 Section 161. Subsection (26) of section 322.01,
20 Florida Statutes, is amended to read:
21 322.01 Definitions.--As used in this chapter:
22 (26) "Motor vehicle" means any self-propelled vehicle,
23 including a motor vehicle combination, not operated upon rails
24 or guideway, excluding vehicles moved solely by human power,
25 motorized wheelchairs, motorized scooters, and motorized
26 bicycles as defined in s. 316.003.
27 Section 162. Subsections (4) and (5) are added to
28 section 322.0261, Florida Statutes, to read:
29 322.0261 Mandatory driver improvement course; certain
30 crashes.--
31 (4) The Department of Highway Safety and Motor
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Amendment No. ___ (for drafter's use only)
1 Vehicles shall approve and regulate courses that use
2 technology as the delivery method of all driver improvement
3 schools as the courses relate to this section.
4 (5) In determining whether to approve courses of
5 driver improvement schools that use technology as the delivery
6 method as the courses relate to this section, the department
7 shall consider only those courses submitted by a person,
8 business, or entity which receive:
9 (a) Approval for statewide delivery.
10 (b) Independent scientific research evidence of course
11 effectiveness.
12 Section 163. Section 322.161, Florida Statutes, is
13 amended to read:
14 322.161 High-risk drivers; restricted licenses.--
15 (1)(a) Notwithstanding any provision of law to the
16 contrary, the department shall restrict the driving privilege
17 of any Class D or Class E licensee who is age 15 through 17
18 and who has accumulated six four or more points pursuant to s.
19 318.14, excluding parking violations, within a 12-month
20 period.
21 (b) Upon determination that any person has accumulated
22 six four or more points, the department shall notify the
23 licensee and issue the licensee a restricted license for
24 business purposes only. The licensee must appear before the
25 department within 10 days after notification to have this
26 restriction applied. The period of restriction shall be for a
27 period of no less than 1 year beginning on the date it is
28 applied by the department.
29 (c) The restriction shall be automatically withdrawn
30 by the department after 1 year if the licensee does not
31 accumulate any additional points. If the licensee accumulates
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Amendment No. ___ (for drafter's use only)
1 any additional points, then the period of restriction shall be
2 extended 90 days for each point. The restriction shall also
3 be automatically withdrawn upon the licensee's 18th birthday
4 if no other grounds for restriction exist. The licensee must
5 appear before the department to have the restriction removed
6 and a duplicate license issued.
7 (2)(a) Any Class E licensee who is age 15 through 17
8 and who has accumulated six four or more points pursuant to s.
9 318.14, excluding parking violations, within a 12-month period
10 shall not be eligible to obtain a Class D license for a period
11 of no less than 1 year. The period of ineligibility shall
12 begin on the date of conviction for the violation that results
13 in the licensee's accumulation of six four or more points.
14 (b) The period of ineligibility shall automatically
15 expire after 1 year if the licensee does not accumulate any
16 additional points. If the licensee accumulates any additional
17 points, then the period of ineligibility shall be extended 90
18 days for each point. The period of ineligibility shall also
19 automatically expire upon the licensee's 18th birthday if no
20 other grounds for ineligibility exist.
21 (3) Any action taken by the department pursuant to
22 this section shall not be subject to any formal or informal
23 administrative hearing or similar administrative procedure.
24 (4) The department shall adopt rules to carry out the
25 purposes of this section.
26 Section 164. Subsection (4) of section 322.05, Florida
27 Statutes, is amended to read:
28 322.05 Persons not to be licensed.--The department may
29 not issue a license:
30 (4) Except as provided by this subsection, to any
31 person, as a Class A licensee, Class B licensee, Class C
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Amendment No. ___ (for drafter's use only)
1 licensee, or Class D licensee, who is under the age of 18
2 years. A person age 16 or 17 years who applies for a Class D
3 driver's license is subject to all the requirements and
4 provisions of ss. 322.05(2)(a) and (b), 322.09, and 322.16(2)
5 and (3). Any person who applies for a Class D driver's license
6 who is age 16 or 17 years must have had a learner's driver's
7 license or a driver's license for at least 90 days before he
8 or she is eligible to receive a Class D driver's license. The
9 department may require of any such applicant for a Class D
10 driver's license such examination of the qualifications of the
11 applicant as the department considers proper, and the
12 department may limit the use of any license granted as it
13 considers proper.
14 Section 165. Paragraph (b) of subsection (4) and
15 subsections (5), (6), and (7) of section 322.081, Florida
16 Statutes, are amended, and subsection (8) is added to said
17 section, to read:
18 322.081 Requests to establish voluntary check-off
19 checkoff on driver's license application.--
20 (4)
21 (b) The department is authorized to discontinue the
22 voluntary contribution and distribution of associated proceeds
23 if the organization no longer exists, if the organization has
24 stopped providing services that are authorized to be funded
25 from the voluntary contributions, or pursuant to an
26 organizational recipient's request. Organizations are required
27 to notify the department immediately to stop warrants for
28 voluntary check-off contribution, if any of the conditions in
29 this subsection exist, and must meet the requirements of
30 paragraph (5)(b) or paragraph (5)(c), if applicable, for any
31 period of operation during the fiscal year.
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1 (5) A voluntary contribution collected and distributed
2 under this chapter, or any interest earned from those
3 contributions, may not be used for commercial or for-profit
4 activities nor for general or administrative expenses, except
5 as authorized by law, or to pay the cost of the audit or
6 report required by law.
7 (a) All organizations that receive annual use fee
8 proceeds from the department are responsible for ensuring that
9 proceeds are used in accordance with law.
10 (b) All organizational recipients of any voluntary
11 contributions in excess of $15,000, not otherwise subject to
12 annual audit by the Office of the Auditor General, shall
13 submit an annual audit of the expenditures of these
14 contributions and interest earned from these contributions, to
15 determine if expenditures are being made in accordance with
16 the specifications outlined by law. The audit shall be
17 prepared by a certified public accountant licensed under
18 chapter 473 at that organizational recipient's expense. The
19 notes to the financial statements should state whether
20 expenditures were made in accordance with law.
21 (b)(c) Any organization not subject to In lieu of an
22 annual audit pursuant to s. 215.97 shall, any organization
23 receiving less than $15,000 in voluntary contributions
24 directly from the department may annually attest report, under
25 penalties of perjury, that such proceeds were used in
26 compliance with law. The attestation shall be made annually in
27 a form and format determined by the department.
28 (c)(d) Any voluntary contributions authorized by law
29 shall only be distributed to an organization under an
30 appropriation by the Legislature.
31 (d)(e) Any organization subject to audit pursuant to
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Amendment No. ___ (for drafter's use only)
1 s. 215.97 shall submit an audit report in accordance with
2 rules promulgated by the Auditor General. The annual
3 attestation audit or report must be submitted to the
4 department for review within 9 months 180 days after the end
5 of the organization's fiscal year.
6 (6) Within 90 days after receiving an organization's
7 audit or attestation report, the department shall determine
8 which recipients have not complied with subsection (5). If
9 the department determines that an organization has not
10 complied or has failed to use the revenues in accordance with
11 law, the department must discontinue the distribution of the
12 revenues to the organization until the department determines
13 that the organization has complied. If an organization fails
14 to comply within 12 months after the voluntary contributions
15 are withheld by the department, the proceeds shall be
16 deposited into the Highway Safety Operating Trust Fund to
17 offset department costs.
18 (7) The Auditor General and the department has have
19 the authority to examine all records pertaining to the use of
20 funds from the voluntary contributions authorized.
21 (8) All organizations seeking to establish a voluntary
22 contribution on a driver's license application that are
23 required to operate under the Solicitation of Contributions
24 Act, as provided in chapter 496, must do so before funds may
25 be distributed.
26 Section 166. Present subsections (2) through (7) of
27 section 322.095, Florida Statutes, are renumbered as
28 subsections (4) through (9), respectively, and new subsections
29 (2) and (3) are added to said section, to read:
30 322.095 Traffic law and substance abuse education
31 program for driver's license applicants.--
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (2) The Department of Highway Safety and Motor
2 Vehicles shall approve and regulate courses that use
3 technology as the delivery method of all driver improvement
4 schools as the courses relate to this section.
5 (3) In determining whether to approve courses of
6 driver improvement schools that use technology as the delivery
7 method as the courses relate to this section, for courses
8 submitted on or after July 1, 2001, the department shall
9 consider only those courses submitted by a person, business,
10 or entity which receive:
11 (a) Approval for statewide delivery.
12 (b) Independent scientific research evidence of course
13 effectiveness.
14 Section 167. Section 322.222, Florida Statutes, is
15 created to read:
16 322.222 Right to review.--A driver may request an
17 administrative hearing to review a revocation pursuant to s.
18 322.221(3). The hearing shall be held in accordance with the
19 department's administrative rules that the department shall
20 have promulgated pursuant to chapter 120.
21 Section 168. Subsection (7) of section 322.25, Florida
22 Statutes, is amended to read:
23 322.25 When court to forward license to department and
24 report convictions; temporary reinstatement of driving
25 privileges.--
26 (7) Any licensed driver convicted of driving, or being
27 in the actual physical control of, a vehicle within this state
28 while under the influence of alcoholic beverages, any chemical
29 substance set forth in s. 877.111, or any substance controlled
30 under chapter 893, when affected to the extent that his or her
31 normal faculties are impaired, and whose license and driving
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Amendment No. ___ (for drafter's use only)
1 privilege have been revoked as provided in subsection (1) may
2 be issued a court order for reinstatement of a driving
3 privilege on a temporary basis; provided that, as a part of
4 the penalty, upon conviction, the defendant is required to
5 enroll in and complete a driver improvement course for the
6 rehabilitation of drinking drivers and the driver is otherwise
7 eligible for reinstatement of the driving privilege as
8 provided by s. 322.282. The court order for reinstatement
9 shall be on a form provided by the department and must be
10 taken by the person convicted to a Florida driver's license
11 examining office, where a temporary driving permit may be
12 issued. The period of time for which a temporary permit issued
13 in accordance with this subsection is valid shall be deemed to
14 be part of the period of revocation imposed by the court.
15 Section 169. Subsections (1), (3), and (10) of section
16 322.2615, Florida Statutes, are amended to read:
17 322.2615 Suspension of license; right to review.--
18 (1)(a) A law enforcement officer or correctional
19 officer shall, on behalf of the department, suspend the
20 driving privilege of a person who has been arrested by a law
21 enforcement officer for a violation of s. 316.193, relating to
22 unlawful blood-alcohol level or breath-alcohol level, or of a
23 person who has refused to submit to a breath, urine, or blood
24 test authorized by s. 316.1932. The officer shall take the
25 person's driver's license and issue the person a 10-day 30-day
26 temporary permit if the person is otherwise eligible for the
27 driving privilege and shall issue the person a notice of
28 suspension. If a blood test has been administered, the results
29 of which are not available to the officer at the time of the
30 arrest, the agency employing the officer shall transmit such
31 results to the department within 5 days after receipt of the
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Amendment No. ___ (for drafter's use only)
1 results. If the department then determines that the person
2 was arrested for a violation of s. 316.193 and that the person
3 had a blood-alcohol level or breath-alcohol level of 0.08 or
4 higher, the department shall suspend the person's driver's
5 license pursuant to subsection (3).
6 (b) The suspension under paragraph (a) shall be
7 pursuant to, and the notice of suspension shall inform the
8 driver of, the following:
9 1.a. The driver refused to submit to a lawful breath,
10 blood, or urine test and his or her driving privilege is
11 suspended for a period of 1 year for a first refusal or for a
12 period of 18 months if his or her driving privilege has been
13 previously suspended as a result of a refusal to submit to
14 such a test; or
15 b. The driver violated s. 316.193 by driving with an
16 unlawful blood-alcohol level as provided in that section and
17 his or her driving privilege is suspended for a period of 6
18 months for a first offense or for a period of 1 year if his or
19 her driving privilege has been previously suspended for a
20 violation of s. 316.193.
21 2. The suspension period shall commence on the date of
22 arrest or issuance of the notice of suspension, whichever is
23 later.
24 3. The driver may request a formal or informal review
25 of the suspension by the department within 10 days after the
26 date of arrest or issuance of the notice of suspension,
27 whichever is later.
28 4. The temporary permit issued at the time of arrest
29 will expire at midnight of the 10th 30th day following the
30 date of arrest or issuance of the notice of suspension,
31 whichever is later.
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Amendment No. ___ (for drafter's use only)
1 5. The driver may submit to the department any
2 materials relevant to the arrest.
3 (3) If the department determines that the license of
4 the person arrested should be suspended pursuant to this
5 section and if the notice of suspension has not already been
6 served upon the person by a law enforcement officer or
7 correctional officer as provided in subsection (1), the
8 department shall issue a notice of suspension and, unless the
9 notice is mailed pursuant to s. 322.251, a temporary permit
10 which expires 10 30 days after the date of issuance if the
11 driver is otherwise eligible.
12 (10) A person whose driver's license is suspended
13 under subsection (1) or subsection (3) may apply for issuance
14 of a license for business or employment purposes only if the
15 person is otherwise eligible for the driving privilege
16 pursuant to s. 322.271.
17 (a) If the suspension of the driver's license of the
18 person for failure to submit to a breath, urine, or blood test
19 is sustained, the person is not eligible to receive a license
20 for business or employment purposes only, pursuant to s.
21 322.271, until 90 days have elapsed after the expiration of
22 the last temporary permit issued. If the driver is not issued
23 a 10-day 30-day permit pursuant to this section or s. 322.64
24 because he or she is ineligible for the permit and the
25 suspension for failure to submit to a breath, urine, or blood
26 test is not invalidated by the department, the driver is not
27 eligible to receive a business or employment license pursuant
28 to s. 322.271 until 90 days have elapsed from the date of the
29 suspension.
30 (b) If the suspension of the driver's license of the
31 person arrested for a violation of s. 316.193, relating to
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 unlawful blood-alcohol level, is sustained, the person is not
2 eligible to receive a license for business or employment
3 purposes only pursuant to s. 322.271 until 30 days have
4 elapsed after the expiration of the last temporary permit
5 issued. If the driver is not issued a 10-day 30-day permit
6 pursuant to this section or s. 322.64 because he or she is
7 ineligible for the permit and the suspension for a violation
8 of s. 316.193, relating to unlawful blood-alcohol level, is
9 not invalidated by the department, the driver is not eligible
10 to receive a business or employment license pursuant to s.
11 322.271 until 30 days have elapsed from the date of the
12 arrest.
13 Section 170. Subsection (5) of section 322.27, Florida
14 Statutes, is amended to read:
15 322.27 Authority of department to suspend or revoke
16 license.--
17 (5) The department shall revoke the license of any
18 person designated a habitual offender, as set forth in s.
19 322.264, and such person shall not be eligible to be
20 relicensed for a minimum of 5 years from the date of
21 revocation, except as provided for in s. 322.271. Any person
22 whose license is revoked may, by petition to the department,
23 show cause why his or her license should not be revoked.
24 Section 171. Subsection (2) of section 322.28, Florida
25 Statutes, is amended to read:
26 322.28 Period of suspension or revocation.--
27 (2) In a prosecution for a violation of s. 316.193 or
28 former s. 316.1931, the following provisions apply:
29 (a) Upon conviction of the driver, the court, along
30 with imposing sentence, shall revoke the driver's license or
31 driving privilege of the person so convicted, effective on the
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Amendment No. ___ (for drafter's use only)
1 date of conviction, and shall prescribe the period of such
2 revocation in accordance with the following provisions:
3 1. Upon a first conviction for a violation of the
4 provisions of s. 316.193, except a violation resulting in
5 death, the driver's license or driving privilege shall be
6 revoked for not less than 180 days or more than 1 year.
7 2. Upon a second conviction within a period of 5 years
8 from the date of a prior conviction for a violation of the
9 provisions of s. 316.193 or former s. 316.1931 or a
10 combination of such sections, the driver's license or driving
11 privilege shall be revoked for not less than 5 years.
12 3. Upon a third conviction within a period of 10 years
13 from the date of conviction of the first of three or more
14 convictions for the violation of the provisions of s. 316.193
15 or former s. 316.1931 or a combination of such sections, the
16 driver's license or driving privilege shall be revoked for not
17 less than 10 years.
18
19 For the purposes of this paragraph, a previous conviction
20 outside this state for driving under the influence, driving
21 while intoxicated, driving with an unlawful blood-alcohol
22 level, or any other alcohol-related or drug-related traffic
23 offense similar to the offense of driving under the influence
24 as proscribed by s. 316.193 will be considered a previous
25 conviction for violation of s. 316.193, and a conviction for
26 violation of former s. 316.028, former s. 316.1931, or former
27 s. 860.01 is considered a conviction for violation of s.
28 316.193.
29 (b) If the period of revocation was not specified by
30 the court at the time of imposing sentence or within 30 days
31 thereafter, and is not otherwise specified by law, the
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Amendment No. ___ (for drafter's use only)
1 department shall forthwith revoke the driver's license or
2 driving privilege for the maximum period applicable under
3 paragraph (a) for a first conviction and for the minimum
4 period applicable under paragraph (a) for any subsequent
5 convictions. The driver may, within 30 days after such
6 revocation by the department, petition the court for further
7 hearing on the period of revocation, and the court may reopen
8 the case and determine the period of revocation within the
9 limits specified in paragraph (a).
10 (c) The forfeiture of bail bond, not vacated within 20
11 days, in any prosecution for the offense of driving while
12 under the influence of alcoholic beverages, chemical
13 substances, or controlled substances to the extent of
14 depriving the defendant of his or her normal faculties shall
15 be deemed equivalent to a conviction for the purposes of this
16 paragraph, and the department shall forthwith revoke the
17 defendant's driver's license or driving privilege for the
18 maximum period applicable under paragraph (a) for a first
19 conviction and for the minimum period applicable under
20 paragraph (a) for a second or subsequent conviction; however,
21 if the defendant is later convicted of the charge, the period
22 of revocation imposed by the department for such conviction
23 shall not exceed the difference between the applicable maximum
24 for a first conviction or minimum for a second or subsequent
25 conviction and the revocation period under this subsection
26 that has actually elapsed; upon conviction of such charge, the
27 court may impose revocation for a period of time as specified
28 in paragraph (a). This paragraph does not apply if an
29 appropriate motion contesting the forfeiture is filed within
30 the 20-day period.
31 (d) When any driver's license or driving privilege has
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Amendment No. ___ (for drafter's use only)
1 been revoked pursuant to the provisions of this section, the
2 department shall not grant a new license, except upon
3 reexamination of the licensee after the expiration of the
4 period of revocation so prescribed. However, the court may,
5 in its sound discretion, issue an order of reinstatement on a
6 form furnished by the department which the person may take to
7 any driver's license examining office for reinstatement by the
8 department pursuant to s. 322.282.
9 (d)(e) The court shall permanently revoke the driver's
10 license or driving privilege of a person who has been
11 convicted four times for violation of s. 316.193 or former s.
12 316.1931 or a combination of such sections. The court shall
13 permanently revoke the driver's license or driving privilege
14 of any person who has been convicted of DUI manslaughter in
15 violation of s. 316.193. If the court has not permanently
16 revoked such driver's license or driving privilege within 30
17 days after imposing sentence, the department shall permanently
18 revoke the driver's license or driving privilege pursuant to
19 this paragraph. No driver's license or driving privilege may
20 be issued or granted to any such person. This paragraph
21 applies only if at least one of the convictions for violation
22 of s. 316.193 or former s. 316.1931 was for a violation that
23 occurred after July 1, 1982. For the purposes of this
24 paragraph, a conviction for violation of former s. 316.028,
25 former s. 316.1931, or former s. 860.01 is also considered a
26 conviction for violation of s. 316.193. Also, a conviction of
27 driving under the influence, driving while intoxicated,
28 driving with an unlawful blood-alcohol level, or any other
29 similar alcohol-related or drug-related traffic offense
30 outside this state is considered a conviction for the purposes
31 of this paragraph.
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 Section 172. Section 322.282, Florida Statutes, is
2 repealed.
3 Section 173. Subsection (3) is added to section
4 322.292, Florida Statutes, to read:
5 322.292 DUI programs supervision; powers and duties of
6 the department.--
7 (3) DUI programs shall be either governmental programs
8 or not-for-profit corporations.
9 Section 174. Section 322.331, Florida Statutes, is
10 repealed.
11 Section 175. Subsections (8), (9), and (10) are added
12 to section 322.61, Florida Statutes, to read:
13 322.61 Disqualification from operating a commercial
14 motor vehicle.--
15 (8) A driver who is convicted of or otherwise found to
16 have committed a violation of an out-of-service order while
17 driving a commercial motor vehicle is disqualified as follows:
18 (a) Not less than 90 days nor more than 1 year if the
19 driver is convicted of or otherwise found to have committed a
20 first violation of an out-of-service order.
21 (b) Not less than 1 year nor more than 5 years if,
22 during any 10-year period, the driver is convicted of or
23 otherwise found to have committed two violations of
24 out-of-service orders in separate incidents.
25 (c) Not less than 3 years nor more than 5 years if,
26 during any 10-year period, the driver is convicted of or
27 otherwise found to have committed three or more violations of
28 out-of-service orders in separate incidents.
29 (d) Not less than 180 days nor more than 2 years if
30 the driver is convicted of or otherwise found to have
31 committed a first violation of an out-of-service order while
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 transporting hazardous materials required to be placarded
2 under the Hazardous Materials Transportation Act, 49 U.S.C.
3 5101 et seq., or while operating motor vehicles designed to
4 transport more than 15 passengers, including the driver. A
5 driver is disqualified for a period of not less than 3 years
6 nor more than 5 years if, during any 10-year period, the
7 driver is convicted of or otherwise found to have committed
8 any subsequent violations of out-of-service orders, in
9 separate incidents, while transporting hazardous materials
10 required to be placarded under the Hazardous Materials
11 Transportation Act 49 U.S.C. 5101 et seq., or while operating
12 motor vehicles designed to transport more than 15 passengers,
13 including the driver.
14 (9) A driver who is convicted of or otherwise found to
15 have committed an offense of operating a CMV in violation of
16 federal, state, or local law or regulation pertaining to one
17 of the following six offenses at a railroad-highway grade
18 crossing must be disqualified for the period of time specified
19 in subsection (10):
20 (a) For drivers who are not always required to stop,
21 failing to slow down and check that the tracks are clear of
22 approaching trains.
23 (b) For drivers who are not always required to stop,
24 failing to stop before reaching the crossing if the tracks are
25 not clear.
26 (c) For drivers who are always required to stop,
27 failing to stop before driving onto the crossing.
28 (d) For all drivers, failing to have sufficient space
29 to drive completely through the crossing without stopping.
30 (e) For all drivers, failing to obey a traffic control
31 device or all directions of an enforcement official at the
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 crossing.
2 (f) For all drivers, failing to negotiate a crossing
3 because of insufficient undercarriage clearance.
4 (10)(a) A driver must be disqualified for not less
5 than 60 days if the driver is convicted of or otherwise found
6 to have committed a first violation of a railroad-highway
7 grade crossing violation.
8 (b) A driver must be disqualified for not less than
9 120 days if, during any 3-year period, the driver is convicted
10 of or otherwise found to have committed a second
11 railroad-highway grade crossing violation in separate
12 incidents.
13 (c) A driver must be disqualified for not less than 1
14 year if, during any 3-year period, the driver is convicted of
15 or otherwise found to have committed a third or subsequent
16 railroad-highway grade crossing violation in separate
17 incidents.
18 Section 176. Subsections (1) and (3) of section
19 322.64, Florida Statutes, are amended to read:
20 322.64 Holder of commercial driver's license; driving
21 with unlawful blood-alcohol level; refusal to submit to
22 breath, urine, or blood test.--
23 (1)(a) A law enforcement officer or correctional
24 officer shall, on behalf of the department, disqualify from
25 operating any commercial motor vehicle a person who while
26 operating or in actual physical control of a commercial motor
27 vehicle is arrested for a violation of s. 316.193, relating to
28 unlawful blood-alcohol level or breath-alcohol level, or a
29 person who has refused to submit to a breath, urine, or blood
30 test authorized by s. 322.63 arising out of the operation or
31 actual physical control of a commercial motor vehicle. Upon
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 disqualification of the person, the officer shall take the
2 person's driver's license and issue the person a 10-day 30-day
3 temporary permit if the person is otherwise eligible for the
4 driving privilege and shall issue the person a notice of
5 disqualification. If the person has been given a blood,
6 breath, or urine test, the results of which are not available
7 to the officer at the time of the arrest, the agency employing
8 the officer shall transmit such results to the department
9 within 5 days after receipt of the results. If the department
10 then determines that the person was arrested for a violation
11 of s. 316.193 and that the person had a blood-alcohol level or
12 breath-alcohol level of 0.08 or higher, the department shall
13 disqualify the person from operating a commercial motor
14 vehicle pursuant to subsection (3).
15 (b) The disqualification under paragraph (a) shall be
16 pursuant to, and the notice of disqualification shall inform
17 the driver of, the following:
18 1.a. The driver refused to submit to a lawful breath,
19 blood, or urine test and he or she is disqualified from
20 operating a commercial motor vehicle for a period of 1 year,
21 for a first refusal, or permanently, if he or she has
22 previously been disqualified as a result of a refusal to
23 submit to such a test; or
24 b. The driver violated s. 316.193 by driving with an
25 unlawful blood-alcohol level and he or she is disqualified
26 from operating a commercial motor vehicle for a period of 6
27 months for a first offense or for a period of 1 year if he or
28 she has previously been disqualified, or his or her driving
29 privilege has been previously suspended, for a violation of s.
30 316.193.
31 2. The disqualification period shall commence on the
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 date of arrest or issuance of notice of disqualification,
2 whichever is later.
3 3. The driver may request a formal or informal review
4 of the disqualification by the department within 10 days after
5 the date of arrest or issuance of notice of disqualification,
6 whichever is later.
7 4. The temporary permit issued at the time of arrest
8 or disqualification will expire at midnight of the 10th 30th
9 day following the date of disqualification.
10 5. The driver may submit to the department any
11 materials relevant to the arrest.
12 (3) If the department determines that the person
13 arrested should be disqualified from operating a commercial
14 motor vehicle pursuant to this section and if the notice of
15 disqualification has not already been served upon the person
16 by a law enforcement officer or correctional officer as
17 provided in subsection (1), the department shall issue a
18 notice of disqualification and, unless the notice is mailed
19 pursuant to s. 322.251, a temporary permit which expires 10 30
20 days after the date of issuance if the driver is otherwise
21 eligible.
22 Section 177. Section 324.091, Florida Statutes, is
23 amended to read:
24 324.091 Notice to department; notice to insurer.--
25 (1) Each owner and operator involved in a crash or
26 conviction case within the purview of this chapter shall
27 furnish evidence of automobile liability insurance, motor
28 vehicle liability insurance, or surety bond within 30 days
29 from the date of the mailing of notice of crash by the
30 department in such form and manner as it may designate. Upon
31 receipt of evidence that an automobile liability policy, motor
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 vehicle liability policy, or surety bond was in effect at the
2 time of the crash or conviction case, the department shall
3 forward by United States mail, postage prepaid, to the insurer
4 or surety insurer a copy of such information and shall assume
5 that such policy or bond was in effect unless the insurer or
6 surety insurer shall notify the department otherwise within 20
7 days from the mailing of the notice to the insurer or surety
8 insurer; provided that if the department shall later ascertain
9 that an automobile liability policy, motor vehicle liability
10 policy, or surety bond was not in effect and did not provide
11 coverage for both the owner and the operator, it shall at such
12 time take such action as it is otherwise authorized to do
13 under this chapter. Proof of mailing to the insurer or surety
14 insurer may be made by the department by naming the insurer or
15 surety insurer to whom such mailing was made and specifying
16 the time, place and manner of mailing.
17 (2) Each insurer doing business in this state shall
18 immediately give notice to the department of each motor
19 vehicle liability policy when issued to effect the return of a
20 license which has been suspended under s. 324.051(2); and said
21 notice shall be upon such form and in such manner as the
22 department may designate.
23 (3) Electronic access to the vehicle insurer
24 information maintained in the department's vehicle database
25 may be provided by an approved third-party provider to
26 insurers, lawyers, and financial institutions in compliance
27 with s. 627.736(9)(a) and for subrogation and claims purposes
28 only. The compilation and retention of this information is
29 strictly prohibited.
30 Section 178. Paragraph (b) of subsection (3) of
31 section 328.01, Florida Statutes, is amended to read:
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 328.01 Application for certificate of title.--
2 (3)
3 (b) If the application for transfer of title is based
4 upon a contractual default, the recorded lienholder shall
5 establish proof of right to ownership by submitting with the
6 application the original certificate of title and a copy of
7 the applicable contract upon which the claim of ownership is
8 made. If the claim is based upon a court order or judgment, a
9 copy of such document shall accompany the application for
10 transfer of title. If, on the basis of departmental records,
11 there appears to be any other lien on the vessel, the
12 certificate of title must contain a statement of such a lien,
13 unless the application for a certificate of title is either
14 accompanied by proper evidence of the satisfaction or
15 extinction of the lien or contains a statement certifying that
16 any lienholder named on the last-issued certificate of title
17 has been sent notice by certified mail, at least 5 days before
18 the application was filed, of the applicant's intention to
19 seek a repossessed title. If such notice is given and no
20 written protest to the department is presented by a subsequent
21 lienholder within 15 days after the date on which the notice
22 was mailed, the certificate of title shall be issued showing
23 no liens. If the former owner or any subsequent lienholder
24 files a written protest under oath within the 15-day period,
25 the department shall not issue the repossessed certificate for
26 10 days thereafter. If, within the 10-day period, no
27 injunction or other order of a court of competent jurisdiction
28 has been served on the department commanding it not to deliver
29 the certificate, the department shall deliver the repossessed
30 certificate to the applicant, or as is otherwise directed in
31 the application, showing no other liens than those shown in
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 the application.
2
3 The department shall adopt suitable language that must appear
4 upon the certificate of title to effectuate the manner in
5 which the interest in or title to the vessel is held.
6 Section 179. Subsection (2) of section 328.42, Florida
7 Statutes, is amended to read:
8 328.42 Suspension or denial of a vessel registration
9 due to child support delinquency; dishonored checks.--
10 (2) The department may deny or cancel any vessel
11 registration, license plate, or fuel-use tax decal if the
12 owner pays for the registration, license plate, fuel-use tax
13 decal, or any tax liability, penalty, or interest specified in
14 chapter 207 by a dishonored check if the owner pays for the
15 registration by a dishonored check.
16 Section 180. Section 328.56, Florida Statutes, is
17 amended to read:
18 328.56 Vessel registration number.--Each vessel that
19 is used on the waters of the state must display a commercial
20 or recreational Florida registration number, unless it is:
21 (1) A vessel used exclusively on private lakes and
22 ponds.
23 (2) A vessel owned by the United States Government.
24 (3) A vessel used exclusively as a ship's lifeboat.
25 (4) A non-motor-powered vessel.
26 (5) A federally documented vessel.
27 (6) A vessel already covered by a registration number
28 in full force and effect which has been awarded to it pursuant
29 to a federally approved numbering system of another state or
30 by the United States Coast Guard in a state without a
31 federally approved numbering system, if the vessel has not
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 been within this state for a period in excess of 90
2 consecutive days.
3 (7) A vessel operating under a valid temporary
4 certificate of number.
5 (8) A vessel from a country other than the United
6 States temporarily using the waters of this state.
7 (9) An undocumented vessel used exclusively for
8 racing.
9 Section 181. Subsection (4) of section 328.72, Florida
10 Statutes, is amended to read:
11 328.72 Classification; registration; fees and charges;
12 surcharge; disposition of fees; fines; marine turtle
13 stickers.--
14 (4) TRANSFER OF OWNERSHIP.--
15 (a) When the ownership of a registered vessel changes,
16 an application for transfer of registration shall be filed
17 with the county tax collector by the new owner within 30 days
18 with a fee of $3.25. The county tax collector shall retain
19 $2.25 of the fee and shall remit $1 to the department. A
20 refund may not be made for any unused portion of a
21 registration period.
22 (b) If a vessel is an antique as defined in subsection
23 (2), the application shall be accompanied by either a
24 certificate of title, a bill of sale and a registration, or a
25 bill of sale and an affidavit by the owner defending the title
26 from all claims. The bill of sale must contain a complete
27 vessel description to include the hull identification number
28 and engine number, if appropriate; the year, make, and color
29 of the vessel; the selling price; and the signatures of the
30 seller and purchaser.
31 Section 182. Effective July 1, 2001, subsection (1) of
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 section 328.76, Florida Statutes, is amended to read:
2 328.76 Marine Resources Conservation Trust Fund;
3 vessel registration funds; appropriation and distribution.--
4 (1) Except as otherwise specified and less $1.4
5 million for any administrative costs which shall be deposited
6 in the Highway Safety Operating Trust Fund, in each fiscal
7 year beginning on or after July 1, 2001, all funds collected
8 from the registration of vessels through the Department of
9 Highway Safety and Motor Vehicles and the tax collectors of
10 the state, except for those funds designated for the use of
11 the counties pursuant to s. 328.72(1), shall be deposited in
12 the Marine Resources Conservation Trust Fund for recreational
13 channel marking; public launching facilities; law enforcement
14 and quality control programs; aquatic weed control; manatee
15 protection, recovery, rescue, rehabilitation, and release; and
16 marine mammal protection and recovery. The funds collected
17 pursuant to s. 328.72(1) shall be transferred as follows:
18 (a) In each fiscal year, an amount equal to $1.50 for
19 each vessel registered in this state shall be transferred to
20 the Save the Manatee Trust Fund and shall be used only for the
21 purposes specified in s. 370.12(4).
22 (b) Two dollars from each noncommercial vessel
23 registration fee, except that for class A-1 vessels, shall be
24 transferred to the Invasive Plant Control Trust Fund for
25 aquatic weed research and control.
26 (c) Forty percent of the registration fees from
27 commercial vessels shall be transferred to the Invasive Plant
28 Control Trust Fund for aquatic plant research and control.
29 (d) Forty percent of the registration fees from
30 commercial vessels shall be transferred by the Department of
31 Highway Safety and Motor Vehicles, on a monthly basis, to the
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 General Inspection Trust Fund of the Department of Agriculture
2 and Consumer Services. These funds shall be used for shellfish
3 and aquaculture law enforcement and quality control programs.
4 Section 183. Subsections (4) and (6) of section
5 713.78, Florida Statutes, are amended to read:
6 713.78 Liens for recovering, towing, or storing
7 vehicles and documented vessels.--
8 (4)(a) Any person regularly engaged in the business of
9 recovering, towing, or storing vehicles or vessels who comes
10 into possession of a vehicle or vessel pursuant to subsection
11 (2), and who claims a lien for recovery, towing, or storage
12 services, shall give notice to the registered owner, the
13 insurance company insuring the vehicle notwithstanding the
14 provisions of s. 627.736, and to all persons claiming a lien
15 thereon, as disclosed by the records in the Department of
16 Highway Safety and Motor Vehicles or of a corresponding agency
17 in any other state.
18 (b) Whenever any law enforcement agency authorizes the
19 removal of a vehicle or whenever any towing service, garage,
20 repair shop, or automotive service, storage, or parking place
21 notifies the law enforcement agency of possession of a vehicle
22 pursuant to s. 715.07(2)(a)2., the applicable law enforcement
23 agency shall contact the Department of Highway Safety and
24 Motor Vehicles, or the appropriate agency of the state of
25 registration, if known, within 24 hours through the medium of
26 electronic communications, giving the full description of the
27 vehicle. Upon receipt of the full description of the vehicle,
28 the department shall search its files to determine the owner's
29 name, the insurance company insuring the vehicle, and whether
30 any person has filed a lien upon the vehicle as provided in s.
31 319.27(2) and (3) and notify the applicable law enforcement
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 agency within 72 hours. The person in charge of the towing
2 service, garage, repair shop, or automotive service, storage,
3 or parking place shall obtain such information from the
4 applicable law enforcement agency within 5 days from the date
5 of storage and shall give notice pursuant to paragraph (a).
6 The department may release the insurance company information
7 to the requestor notwithstanding the provisions of s. 627.736.
8 (c)(b) Notice by certified mail, return receipt
9 requested, shall be sent within 7 business days after the date
10 of storage of the vehicle or vessel to the registered owner,
11 the insurance company insuring the vehicle notwithstanding the
12 provisions of s. 627.736, and to all persons of record
13 claiming a lien against the vehicle or vessel. It shall state
14 the fact of possession of the vehicle or vessel, that a lien
15 as provided in subsection (2) is claimed, that charges have
16 accrued and the amount thereof, that the lien is subject to
17 enforcement pursuant to law, and that the owner or lienholder,
18 if any, has the right to a hearing as set forth in subsection
19 (5), and that any vehicle or vessel which remains unclaimed,
20 or for which the charges for recovery, towing, or storage
21 services remain unpaid, may be sold after 35 days free of all
22 prior liens after 35 days if the vehicle or vessel is more
23 than 3 years of age and after 50 days if the vehicle or vessel
24 is 3 years of age or less.
25 (d)(c) If attempts to locate the owner or lienholder
26 prove unsuccessful, the towing-storage operator shall, after 7
27 working days, excluding Saturday and Sunday, of the initial
28 tow or storage, notify the public agency of jurisdiction in
29 writing by certified mail or acknowledged hand delivery that
30 the towing-storage company has been unable to locate the owner
31 or lienholder and a physical search of the vehicle or vessel
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 has disclosed no ownership information and a good faith effort
2 has been made. For purposes of this paragraph and, subsection
3 (9), and s. 715.05, "good faith effort" means that the
4 following checks have been performed by the company to
5 establish prior state of registration and for title:
6 1. Check of vehicle or vessel for any type of tag, tag
7 record, temporary tag, or regular tag.
8 2. Check of law enforcement report for tag number or
9 other information identifying the vehicle or vessel, if the
10 vehicle or vessel was towed at the request of a law
11 enforcement officer.
12 3. Check of trip sheet or tow ticket of tow truck
13 operator to see if a tag was on vehicle at beginning of tow,
14 if private tow.
15 4. If there is no address of the owner on the impound
16 report, check of law enforcement report to see if an
17 out-of-state address is indicated from driver license
18 information.
19 5. Check of vehicle or vessel for inspection sticker
20 or other stickers and decals that may indicate a state of
21 possible registration.
22 6. Check of the interior of the vehicle or vessel for
23 any papers that may be in the glove box, trunk, or other areas
24 for a state of registration.
25 7. Check of vehicle for vehicle identification number.
26 8. Check of vessel for vessel registration number.
27 9. Check of vessel hull for a hull identification
28 number which should be carved, burned, stamped, embossed, or
29 otherwise permanently affixed to the outboard side of the
30 transom or, if there is no transom, to the outmost seaboard
31 side at the end of the hull that bears the rudder or other
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 steering mechanism.
2 (6) Any vehicle or vessel which is stored pursuant to
3 subsection (2) and which remains unclaimed, or for which
4 reasonable charges for recovery, towing, or storing remain
5 unpaid or for which a lot rental amount is due and owing to
6 the mobile home park owner, as evidenced by a judgment for
7 unpaid rent, and any contents not released pursuant to
8 subsection (10), may be sold by the owner or operator of the
9 storage space for such towing or storage charge or unpaid lot
10 rental amount after 35 days from the time the vehicle or
11 vessel is stored therein if the vehicle or vessel is more than
12 3 years of age and after 50 days from the time the vehicle or
13 vessel is stored therein if the vehicle or vessel is 3 years
14 of age or less. The sale shall be at public auction for cash.
15 If the date of the sale was not included in the notice
16 required in subsection (4), notice of the sale shall be given
17 to the person in whose name the vehicle, vessel, or mobile
18 home is registered, to the mobile home park owner, and to all
19 persons claiming a lien on the vehicle or vessel as shown on
20 the records of the Department of Highway Safety and Motor
21 Vehicles or of the corresponding agency in any other state.
22 Notice shall be sent by certified mail, return receipt
23 requested, to the owner of the vehicle or vessel and the
24 person having the recorded lien on the vehicle or vessel at
25 the address shown on the records of the registering agency and
26 shall be mailed not less than 15 days before the date of the
27 sale. After diligent search and inquiry, if the name and
28 address of the registered owner or the owner of the recorded
29 lien cannot be ascertained, the requirements of notice by mail
30 may be dispensed with. In addition to the notice by mail,
31 public notice of the time and place of sale shall be made by
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 publishing a notice thereof one time, at least 10 days prior
2 to the date of the sale, in a newspaper of general circulation
3 in the county in which the sale is to be held. The proceeds
4 of the sale, after payment of reasonable towing and storage
5 charges, costs of the sale, and the unpaid lot rental amount,
6 in that order of priority, shall be deposited with the clerk
7 of the circuit court for the county if the owner is absent,
8 and the clerk shall hold such proceeds subject to the claim of
9 the person legally entitled thereto. The clerk shall be
10 entitled to receive 5 percent of such proceeds for the care
11 and disbursement thereof. The certificate of title issued
12 under this law shall be discharged of all liens unless
13 otherwise provided by court order.
14 Section 184. Section 715.05, Florida Statutes, is
15 repealed.
16 Section 185. Subsection (1) of section 681.1096,
17 Florida Statutes, is amended to read:
18 681.1096 Pilot RV Mediation and Arbitration Program;
19 creation and qualifications.--
20 (1) This section and s. 681.1097 shall apply to
21 disputes determined eligible under this chapter involving
22 recreational vehicles acquired on or after October 1, 1997,
23 and shall remain in effect until September 30, 2002 2001, at
24 which time recreational vehicle disputes shall be subject to
25 the provisions of ss. 681.109 and 681.1095. The Attorney
26 General shall report annually to the President of the Senate,
27 the Speaker of the House of Representatives, the Minority
28 Leader of each house of the Legislature, and appropriate
29 legislative committees regarding the effectiveness efficiency
30 and cost-effectiveness of the pilot program.
31 Section 186. Subsections (5) and (7) of section
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 681.1097, Florida Statutes, are amended to read:
2 681.1097 Pilot RV Mediation and Arbitration Program;
3 dispute eligibility and program function.--
4 (5) If the mediation ends in an impasse, or if a
5 manufacturer fails to comply with the settlement entered into
6 between the parties, the program administrator shall schedule
7 the dispute for an arbitration hearing. Arbitration
8 proceedings shall be open to the public on reasonable and
9 nondiscriminatory terms.
10 (a) The arbitration hearing shall be conducted by a
11 single arbitrator assigned by the program administrator. The
12 arbitrator shall not be the same person as the mediator who
13 conducted the prior mediation conference in the dispute. The
14 parties may factually object to an arbitrator based on the
15 arbitrator's past or present relationship with a party or a
16 party's attorney, direct or indirect, whether financial,
17 professional, social, or of any other kind. The program
18 administrator shall consider any such objection, determine its
19 validity, and notify the parties of any determination. If the
20 objection is determined valid, the program administrator shall
21 assign another arbitrator to the case.
22 (b) The arbitrator may issue subpoenas for the
23 attendance of witnesses and for the production of records,
24 documents, and other evidence. Subpoenas so issued shall be
25 served and, upon application to the court by a party to the
26 arbitration, enforced in the manner provided by law for the
27 service and enforcement of subpoenas in civil actions. Fees
28 for attendance as a witness shall be the same as for a witness
29 in the circuit court.
30 (c) At all program arbitration proceedings, the
31 parties may present oral and written testimony, present
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hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 witnesses and evidence relevant to the dispute, cross-examine
2 witnesses, and be represented by counsel. The arbitrator
3 shall record the arbitration hearing and shall have the power
4 to administer oaths. The arbitrator may inspect the vehicle
5 if requested by a party or if the arbitrator considers such
6 inspection appropriate.
7 (d) The program arbitrator may continue a hearing on
8 his or her own motion or upon the request of a party for good
9 cause shown. A request for continuance by the consumer
10 constitutes a waiver of the time period set forth in s.
11 681.1096(3)(k) for completion of all proceedings under the
12 program.
13 (e) Where the arbitration is the result of a
14 manufacturer's failure to perform in accordance with a
15 settlement mediation agreement, any relief to the consumer
16 granted by the arbitration will be no less than the relief
17 agreed to by the manufacturer in the settlement agreement.
18 (f) The arbitrator shall grant relief if a reasonable
19 number of attempts have been undertaken to correct a
20 nonconformity or nonconformities.
21 (g) The program arbitrator shall render a decision
22 within 10 days of the closing of the hearing. The decision
23 shall be in writing on a form prescribed or approved by the
24 department. The program administrator shall send a copy of the
25 decision to the consumer and each involved manufacturer by
26 registered mail. The program administrator shall also send a
27 copy of the decision to the department within 5 days of
28 mailing to the parties.
29 (h) A manufacturer shall comply with an arbitration
30 decision within 40 days of the date the manufacturer receives
31 the written decision. Compliance occurs on the date the
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 consumer receives delivery of an acceptable replacement motor
2 vehicle or the refund specified in the arbitration award. If a
3 manufacturer fails to comply within the time required, the
4 consumer must notify the program administrator in writing
5 within 10 days. The program administrator shall notify the
6 department of a manufacturer's failure to comply. The
7 department shall have the authority to enforce compliance with
8 arbitration decisions under this section in the same manner as
9 is provided for enforcement of compliance with board decisions
10 under s. 681.1095(10). In any civil action arising under this
11 chapter and relating to a dispute arbitrated pursuant to this
12 section, the decision of the arbitrator is admissible in
13 evidence.
14 (i) Either party may request that the program
15 arbitrator make a technical correction to the decision by
16 filing a written request with the program administrator within
17 10 days after receipt of the written decision. Technical
18 corrections shall be limited to computational errors,
19 correction of a party's name or information regarding the
20 recreational vehicle, and typographical or spelling errors.
21 Technical correction of a decision shall not toll the time for
22 filing an appeal or for manufacturer compliance.
23 (7) A decision of the arbitrator is binding unless
24 appealed by either party by filing a petition with the circuit
25 court within the time and in the manner prescribed by s.
26 681.1095(10) and (12). Section 681.1095(13) and (14) apply to
27 appeals filed under this section. Either party may make
28 application to the circuit court for the county in which one
29 of the parties resides or has a place of business or, if
30 neither party resides or has a place of business in this
31 state, the county where the arbitration hearing was held, for
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 an order confirming, vacating, modifying, or correcting any
2 award, in accordance with the provisions of this section and
3 ss. 682.12, 682.13, 682.14, 682.15, and 682.17. Such
4 application must be filed within 30 days of the moving party's
5 receipt of the written decision or the decision becomes final.
6 Upon filing such application, the moving party shall mail a
7 copy to the department and, upon entry of any judgment or
8 decree, shall mail a copy of such judgment or decree to the
9 department. A review of such application by the circuit court
10 shall be confined to the record of the proceedings before the
11 program arbitrator. The court shall conduct a de novo review
12 of the questions of law raised in the application. In addition
13 to the grounds set forth in ss. 682.13 and 682.14, the court
14 shall consider questions of fact raised in the application. In
15 reviewing questions of fact, the court shall uphold the award
16 unless it determines that the factual findings of the
17 arbitrator are not supported by substantial evidence in the
18 record and that the substantial rights of the moving party
19 have been prejudiced. If the arbitrator fails to state
20 findings or reasons for the stated award, or the findings or
21 reasons are inadequate, the court shall search the record to
22 determine whether a basis exists to uphold the award. The
23 court shall expedite consideration of any application filed
24 under this section on the calendar.
25 (a) If a decision of a program arbitrator in favor of
26 a consumer is confirmed by the court, recovery by the consumer
27 shall include the pecuniary value of the award, attorney's
28 fees incurred in obtaining confirmation of the award, and all
29 costs and continuing damages in the amount of $25 per day for
30 each day beyond the 40-day period following a manufacturer's
31 receipt of the arbitrator's decision. If a court determines
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 the manufacturer acted in bad faith in bringing the appeal or
2 brought the appeal solely for the purpose of harassment, or in
3 complete absence of a justiciable issue of law or fact, the
4 court shall double, and may triple, the amount of the total
5 award.
6 (b) An appeal of a judgment or order by the court
7 confirming, denying confirmation, modifying or correcting, or
8 vacating the award may be taken in the manner and to the same
9 extent as from orders or judgments in a civil action.
10 Section 187. Section 681.115, Florida Statutes, is
11 amended to read:
12 681.115 Certain agreements void.--Any agreement
13 entered into by a consumer that waives, limits, or disclaims
14 the rights set forth in this chapter, or that requires a
15 consumer not to disclose the terms of such agreement as a
16 condition thereof, is void as contrary to public policy. The
17 rights set forth in this chapter shall extend to a subsequent
18 transferee of such motor vehicle.
19 Section 188. Section 715.07, Florida Statutes, is
20 amended to read:
21 715.07 Vehicles and vessels parked on private
22 property; towing.--
23 (1) As used in this section, the terms:
24 (a) term "Vehicle" means any mobile item which
25 normally uses wheels, whether motorized or not.
26 (b) "Vessel" means every description of watercraft,
27 barge, and air boat used or capable of being used as a means
28 of transportation on water, other than a seaplane or a
29 documented vessel, as defined in s. 327.02(8).
30 (2) The owner or lessee of real property, or any
31 person authorized by the owner or lessee, which person may be
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 the designated representative of the condominium association
2 if the real property is a condominium, may cause any vehicle
3 or vessel parked on such property without her or his
4 permission to be removed by a person regularly engaged in the
5 business of towing vehicles or vessels, without liability for
6 the costs of removal, transportation, or storage or damages
7 caused by such removal, transportation, or storage, under any
8 of the following circumstances:
9 (a) The towing or removal of any vehicle or vessel
10 from private property without the consent of the registered
11 owner or other legally authorized person in control of that
12 vehicle or vessel is subject to strict compliance with the
13 following conditions and restrictions:
14 1.a. Any towed or removed vehicle or vessel must be
15 stored at a site within 10 miles of the point of removal in
16 any county of 500,000 population or more, and within 15 miles
17 of the point of removal in any county of less than 500,000
18 population. That site must be open for the purpose of
19 redemption of vehicles or vessels on any day that the person
20 or firm towing such vehicle or vessel is open for towing
21 purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall
22 have prominently posted a sign indicating a telephone number
23 where the operator of the site can be reached at all times.
24 Upon receipt of a telephoned request to open the site to
25 redeem a vehicle or vessel, the operator shall return to the
26 site within 1 hour or she or he will be in violation of this
27 section.
28 b. If no towing business providing such service is
29 located within the area of towing limitations set forth in
30 sub-subparagraph a., the following limitations apply: any
31 towed or removed vehicle or vessel must be stored at a site
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 within 20 miles of the point of removal in any county of
2 500,000 population or more, and within 30 miles of the point
3 of removal in any county of less than 500,000 population.
4 2. The person or firm towing or removing the vehicle
5 or vessel shall, within 30 minutes of completion of such
6 towing or removal, notify the municipal police department or,
7 in an unincorporated area, the sheriff of such towing or
8 removal, the storage site, the time the vehicle or vessel was
9 towed or removed, and the make, model, color, and license
10 plate number of the vehicle or the make, model, color, and
11 registration number of the vessel and shall obtain the name of
12 the person at that department to whom such information was
13 reported and note that name on the trip record.
14 3. If the registered owner or other legally authorized
15 person in control of the vehicle or vessel arrives at the
16 scene prior to removal or towing of the vehicle or vessel, the
17 vehicle or vessel shall be disconnected from the towing or
18 removal apparatus, and that person shall be allowed to remove
19 the vehicle or vessel without interference upon the payment of
20 a reasonable service fee of not more than one-half of the
21 posted rate for such towing service as provided in
22 subparagraph 6., for which a receipt shall be given, unless
23 that person refuses to remove the vehicle or vessel which is
24 otherwise unlawfully parked or located.
25 4. The rebate or payment of money or any other
26 valuable consideration from the individual or firm towing or
27 removing vehicles or vessels to the owners or operators of the
28 premises from which the vehicles are towed or removed, for the
29 privilege of removing or towing those vehicles or vessels, is
30 prohibited.
31 5. Except for property appurtenant to and obviously a
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 part of a single-family residence, and except for instances
2 when notice is personally given to the owner or other legally
3 authorized person in control of the vehicle or vessel that the
4 area in which that vehicle or vessel is parked is reserved or
5 otherwise unavailable for unauthorized vehicles or vessels and
6 subject to being removed at the owner's or operator's expense,
7 any property owner or lessee, or person authorized by the
8 property owner or lessee, prior to towing or removing any
9 vehicle or vessel from private property without the consent of
10 the owner or other legally authorized person in control of
11 that vehicle or vessel, must post a notice meeting the
12 following requirements:
13 a. The notice must be prominently placed at each
14 driveway access or curb cut allowing vehicular access to the
15 property, within 5 feet from the public right-of-way line. If
16 there are no curbs or access barriers, the signs must be
17 posted not less than one sign for each 25 feet of lot
18 frontage.
19 b. The notice must clearly indicate, in not less than
20 2-inch high, light-reflective letters on a contrasting
21 background, that unauthorized vehicles will be towed away at
22 the owner's expense. Owners or lessees that remove vessels
23 from their properties shall post notice, consistent with the
24 requirements of this subparagraph, that unauthorized vehicles
25 or vessels will be towed at the owner's expense. The words
26 "tow-away zone" must be included on the sign in not less than
27 4-inch high letters.
28 c. The notice must also provide the name and current
29 telephone number of the person or firm towing or removing the
30 vehicles or vessels, if the property owner, lessee, or person
31 in control of the property has a written contract with the
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 towing company.
2 d. The sign structure containing the required notices
3 must be permanently installed with the words "tow-away zone"
4 not less than 3 feet and not more than 6 feet above ground
5 level and must be continuously maintained on the property for
6 not less than 24 hours prior to the towing or removal of any
7 vehicles or vessels.
8 e. The local government may require permitting and
9 inspection of these signs prior to any towing or removal of
10 vehicles or vessels being authorized.
11 f. A business with 20 or fewer parking spaces
12 satisfies the notice requirements of this subparagraph by
13 prominently displaying a sign stating "Reserved Parking for
14 Customers Only Unauthorized Vehicles or Vessels Will be Towed
15 Away At the Owner's Expense" in not less than 4-inch high,
16 light-reflective letters on a contrasting background.
17
18 A business owner or lessee may authorize the removal of a
19 vehicle or vessel by a towing company when the vehicle is
20 parked in such a manner that restricts the normal operation of
21 business; and if a vehicle or vessel parked on a public
22 right-of-way obstructs access to a private driveway the owner,
23 lessee, or agent may have the vehicle or vessel removed by a
24 towing company upon signing an order that the vehicle or
25 vessel be removed without a posted tow-away zone sign.
26 6. Any person or firm that tows or removes vehicles or
27 vessels and proposes to require an owner, operator, or person
28 in control of a vehicle or vessel to pay the costs of towing
29 and storage prior to redemption of the vehicle or vessel must
30 file and keep on record with the local law enforcement agency
31 a complete copy of the current rates to be charged for such
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 services and post at the storage site an identical rate
2 schedule and any written contracts with property owners,
3 lessees, or persons in control of property which authorize
4 such person or firm to remove vehicles or vessels as provided
5 in this section.
6 7. Any person or firm towing or removing any vehicles
7 or vessels from private property without the consent of the
8 owner or other legally authorized person in control of the
9 vehicles or vessels shall, on any trucks, wreckers as defined
10 in s. 713.78(1)(b), or other vehicles used in the towing or
11 removal, have the name, address, and telephone number of the
12 company performing such service clearly printed in contrasting
13 colors on the driver and passenger sides of the vehicle. The
14 name shall be in at least 3-inch permanently affixed letters,
15 and the address and telephone number shall be in at least
16 1-inch permanently affixed letters.
17 8. Vehicle entry for the purpose of removing the
18 vehicle or vessel shall be allowed with reasonable care on the
19 part of the person or firm towing the vehicle or vessel. Such
20 person or firm shall be liable for any damage occasioned to
21 the vehicle or vessel if such entry is not in accordance with
22 the standard of reasonable care.
23 9. When a vehicle or vessel has been towed or removed
24 pursuant to this section, it must be released to its owner or
25 custodian within one hour after requested. Any vehicle or
26 vessel owner, custodian, or agent shall have the right to
27 inspect the vehicle or vessel before accepting its return, and
28 no release or waiver of any kind which would release the
29 person or firm towing the vehicle or vessel from liability for
30 damages noted by the owner or other legally authorized person
31 at the time of the redemption may be required from any vehicle
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 or vessel owner, custodian, or agent as a condition of release
2 of the vehicle or vessel to its owner. A detailed, signed
3 receipt showing the legal name of the company or person towing
4 or removing the vehicle or vessel must be given to the person
5 paying towing or storage charges at the time of payment,
6 whether requested or not.
7 (b) These requirements shall be the minimum standards
8 and shall not preclude enactment of additional regulations by
9 any municipality or county including the right to regulate
10 rates when vehicles or vessels are towed from private
11 property.
12 (3) This section does not apply to law enforcement,
13 firefighting, rescue squad, ambulance, or other emergency
14 vehicles or vessels which are marked as such or to property
15 owned by any governmental entity.
16 (4) When a person improperly causes a vehicle or
17 vessel to be removed, such person shall be liable to the owner
18 or lessee of the vehicle or vessel for the cost of removal,
19 transportation, and storage; any damages resulting from the
20 removal, transportation, or storage of the vehicle; attorneys'
21 fees; and court costs.
22 (5) Failure to make good faith best efforts to comply
23 with the notice requirement of this section, as appropriate,
24 shall preclude the imposition of any towing or storage charges
25 against such vehicle or vessel.
26 (6)(5)(a) Any person who violates the provisions of
27 subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is
28 guilty of a misdemeanor of the first degree, punishable as
29 provided in s. 775.082 or s. 775.083.
30 (b) Any person who violates the provisions of
31 subparagraph (2)(a)7. commits is guilty of a felony of the
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 Section 189. Subsection (3) is added to section
4 832.09, Florida Statutes, to read:
5 832.09 Suspension of driver license after warrant or
6 capias is issued in worthless check case.--
7 (3) The Department of Highway Safety and Motor
8 Vehicles shall create a standardized form to be distributed to
9 the clerks of the court in each county for the purpose of
10 notifying the department that a person has satisfied the
11 requirements of the court. Notices of compliance with the
12 court's requirements shall be on the standardized form
13 provided by the department.
14 Section 190. Subsection (1) of section 322.056,
15 Florida Statutes, is amended to read:
16 322.056 Mandatory revocation or suspension of, or
17 delay of eligibility for, driver's license for persons under
18 age 18 found guilty of certain alcohol, drug, or tobacco
19 offenses; prohibition.--
20 (1) Notwithstanding the provisions of s. 322.055, if a
21 person under 18 years of age is found guilty of or delinquent
22 for a violation of s. 562.11(2), s. 562.111, or chapter 893,
23 and:
24 (a) The person is eligible by reason of age for a
25 driver's license or driving privilege, the court shall direct
26 the department to revoke or to withhold issuance of his or her
27 driver's license or driving privilege for a period of:
28 1. Not less than 6 months and not more than 1 year for
29 the first violation.
30 2. Two years, for a subsequent violation.
31 (b) The person's driver's license or driving privilege
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 is under suspension or revocation for any reason, the court
2 shall direct the department to extend the period of suspension
3 or revocation by an additional period of:
4 1. Not less than 6 months and not more than 1 year for
5 the first violation.
6 2. Two years, for a subsequent violation.
7 (c) The person is ineligible by reason of age for a
8 driver's license or driving privilege, the court shall direct
9 the department to withhold issuance of his or her driver's
10 license or driving privilege for a period of:
11 1. Not less than 6 months and not more than 1 year
12 after the date on which he or she would otherwise have become
13 eligible, for the first violation.
14 2. Two years after the date on which he or she would
15 otherwise have become eligible, for a subsequent violation.
16
17 However, the court may, in its sound discretion, direct the
18 department to issue a license for driving privileges
19 restricted to business or employment purposes only, as defined
20 in s. 322.271, if the person is otherwise qualified for such a
21 license.
22
23
24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 209, line 8, after the second semicolon,
27
28 insert:
29 amending s. 316.003, F.S.; providing that
30 certain vehicles of the Department of Health
31 are authorized emergency vehicles; providing
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 that a motorized scooter is not a motor vehicle
2 for traffic control purposes; creating a
3 definition of the term motorized scooter;
4 amending s. 316.006, F.S.; authorizing the
5 installation of multiparty stop signs on
6 certain roads; providing guidelines for the
7 installation of such signage; amending s.
8 316.1951, F.S.; amending 316.1967, F.S.;
9 allowing a fine designated by county ordinance;
10 revising provisions related to parking vehicles
11 to display for sale; amending s. 316.1975,
12 F.S.; exempting operators of solid waste and
13 recovered materials vehicles from provisions
14 regarding unattended motor vehicles; amending
15 s. 316.2065, F.S.; providing motorized scooter
16 operating regulations; amending s. 316.228,
17 F.S.; requiring strobe lights to be placed on
18 the exterior of a commercial vehicle
19 transporting unprocessed forest products
20 extending more than 4 feet beyond the rear of
21 the vehicle; providing an alternate method for
22 placing strobe lights in certain instances;
23 requiring the use of a red flag on the load;
24 amending s. 316.2397, F.S.; authorizing the
25 emergency response vehicles of the Department
26 of Health to use red flashing lights; amending
27 s. 316.520, F.S.; clarifying that a violation
28 of a provision governing loads on vehicles is a
29 moving rather than a nonmoving violation;
30 exempting certain vehicles carrying
31 agricultural products; amending s. 316.640,
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 F.S.; revising the powers and duties of traffic
2 crash investigation officers; authorizing
3 university police officers to enforce state
4 traffic laws violated on or adjacent to
5 property under control of the university or its
6 agents; amending s. 316.650, F.S.; requiring
7 the issuance of a copy of the traffic school
8 reference guide with traffic citations under
9 certain circumstances; amending s. 318.14,
10 F.S.; deleting reference to a restriction on
11 the number of elections a person may make to
12 attend a basic driver improvement course;
13 amending s. 318.1451, F.S.; providing traffic
14 school reference guide requirements; amending
15 s. 318.18, F.S.; allowing fine amount
16 designated by county ordinance plus court
17 costs; amending the date by which court clerks
18 must electronically transmit to the department
19 specified information; amending s. 322.0261,
20 F.S.; deleting reference to a time period and
21 increasing the amount of damage required with
22 respect to a crash for the screening of certain
23 crash reports; requiring the Department of
24 Highway Safety and Motor Vehicles to approve
25 and regulate certain courses for driver
26 improvement schools; amending s. 322.161, F.S.;
27 increasing the number of points that a driver
28 under a specified age may accumulate before the
29 department is required to issue that driver a
30 restricted license; creating s. 322.02615,
31 F.S.; providing for mandatory driver
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 improvement courses for certain violations;
2 amending s. 319.001, F.S.; providing
3 definitions; amending s. 319.14, F.S.;
4 authorizing the Department of Highway Safety
5 and Motor Vehicles to place a decal on a
6 rebuilt vehicle so as to clarify its identity;
7 providing a penalty for the removal of the
8 decal; amending s. 319.23, F.S.; conforming the
9 requirements for the transfer of ownership on
10 an antique vehicle to that of any other motor
11 vehicle; revising provisions relating to motor
12 vehicle titles; amending s. 319.28, F.S.;
13 deleting the requirement that a copy of a
14 contract for processing an application for
15 title based on a contractual default be
16 provided; amending s. 319.30, F.S.; clarifying
17 the major component parts of a motor vehicle;
18 amending s. 320.01, F.S.; conforming the length
19 limitation for a motor home to that established
20 in ch. 316, F.S.; providing that a motorized
21 scooter is not a motor vehicle for registration
22 purposes; amending s. 320.02, F.S.; requiring
23 application forms for motor vehicle
24 registration and renewal of registration to
25 include language permitting a voluntary
26 contribution to certain organizations; amending
27 s. 320.023, F.S.; requiring certain
28 organizations receiving voluntary check-off
29 contributions to notify the department under
30 certain circumstances and to meet specified
31 requirements; conforming the section to the
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 Florida Single Audit Act; requiring
2 organizations seeking authorization to
3 establish a voluntary check-off contribution on
4 a motor vehicle registration application to
5 conform to the requirements of ch. 496, F.S.;
6 conforming this section to the Florida Single
7 Audit Act; amending s. 320.025, Florida
8 Statutes, conforming the vessel registration
9 law to the motor vehicle registration law;
10 requiring a decal to be affixed to a vessel
11 that is registered under a fictitious name and
12 operated by any law enforcement agency;
13 amending s. 320.05, F.S.; conforming the vessel
14 registration law to the motor vehicle
15 registration law; providing instructions for
16 the release of information regarding a vessel
17 to the public; amending s. 320.055, F.S.;
18 correcting the registration period for
19 nonapportioned vehicles; amending s. 320.06,
20 F.S.; providing for the placement of only one
21 decal rather than two on a license plate;
22 amending s. 320.072, F.S.; reducing the
23 timeframe a registrant can use a previous
24 license plate for the initial registration fee
25 exemption; amending s. 320.0805, F.S.; reducing
26 the timeframe for a personalized license plate
27 to remain out of circulation prior to
28 reassignment; amending s. 320.08056, F.S.;
29 requiring the department to count annual
30 renewals when determining whether to
31 discontinue a speciality license plate;
112
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 requiring certain organizations to notify the
2 department under certain circumstances;
3 including two more colleges to the
4 discontinuance exemptions provided for
5 collegiate specialty license plates; providing
6 for a Florida Golf license plate; amending s.
7 320.08058, F.S.; requiring the department to
8 develop the Florida Golf license plate;
9 providing for distribution of proceeds of the
10 annual use fees; requiring the Florida Sports
11 Foundation to establish a youth golf program;
12 providing for an advisory committee; amending
13 s. 320.08062, F.S.; conforming this section to
14 the Florida Single Audit Act; amending s.
15 320.083, F.S.; increasing the weight
16 restriction for a private-use vehicle so as to
17 be eligible to apply for the Amateur Radio
18 Operator specialty license plate; amending s.
19 320.089, F.S.; providing for the issuance of
20 Pearl Harbor Survivor and Purple Heart license
21 plates without payment to a disabled veteran;
22 increasing the weight restriction for a
23 private-use vehicle so as to be eligible to
24 apply for the EX-POW or Purple Heart specialty
25 license plate; amending s. 320.18, F.S.;
26 providing for cancellation of license plates
27 and fuel use tax decals for failure to pay
28 motor carrier weight and safety violation
29 penalties; amending s. 320.27, F.S.; redefining
30 the term "motor vehicle auction"; deleting the
31 requirement for a licensee to have the
113
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 certificate of title or ownership indicia in
2 his or her possession at an auction; deleting a
3 requirement for establishing a pattern of
4 wrongdoing; revising requirements for denial,
5 suspension, or revocation of a motor vehicle
6 dealer license; amending s. 320.691 F.S.;
7 creating the Automobile Dealers Industry
8 Advisory Board; amending s. 322.01, F.S.;
9 providing that a motorized scooter is not a
10 motor vehicle for drivers' licensing purposes;
11 amending s. 322.05, F.S.; correcting a
12 statutory reference regarding the requirements
13 for an individual under 18 years of age to
14 apply for a driver's license; amending s.
15 322.081, F.S.; requiring certain organizations
16 receiving voluntary check-off contributions to
17 notify the department under certain
18 circumstances and to meet specified
19 requirements; conforming the section to the
20 Florida Single Audit Act; requiring
21 organizations seeking authorization to
22 establish a voluntary contribution on a motor
23 vehicle registration to register with the
24 Department of Agriculture and Consumer
25 Services; amending s. 322.095, F.S.; requiring
26 the Department of Highway Safety and Motor
27 Vehicles to approve and regulate certain
28 courses for driver improvement schools;
29 creating s. 322.222, F.S.; authorizing the
30 Department of Highway Safety and Motor Vehicles
31 to hold a hearing when an individual's driver's
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 license has been suspended or revoked due to
2 medical reasons; amending s. 322.25, F.S.;
3 correcting a cross reference; amending s.
4 322.2615, F.S.; complying with the USDOT's
5 drunk driving prevention incentive program;
6 reducing the timeframe for a temporary permit
7 that is allotted when an individual is charged
8 with driving with an unlawful blood-alcohol
9 level; amending s. 322.27, F.S.; clarifying the
10 time period for a driver's license revocation
11 of a habitual traffic offender; amending s.
12 322.28, F.S.; deleting obsolete language
13 regarding the revocation of a driver's license;
14 repealing s. 322.282, F.S., relating to the
15 procedure when the court revokes or suspends
16 license or driving privilege and orders
17 reinstatement; amending s. 322.292, F.S.;
18 adding the requirement that DUI programs must
19 be governmental programs or not-for-profit
20 corporations; amending s. 322.61, F.S.;
21 complying with the Federal Motor Carrier Safety
22 Regulations; adding two more violations for
23 which a commercial motor vehicle may be
24 disqualified of driving privileges; amending s.
25 322.64, F.S.; reducing the timeframe for a
26 temporary permit allotted when an individual
27 holding a commercial driver's license is
28 charged with an unlawful blood-alcohol level;
29 repealing s. 322.331, F.S., relating to the
30 reinstatement of a license of a habitual
31 traffic offender; amending s. 324.091, F.S.;
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 providing for electronic access to vehicle
2 insurance information; amending s. 328.01,
3 F.S.; deleting the requirement for a copy of a
4 contract upon which a claim of ownership of a
5 vessel is made on a contractual default;
6 amending s. 328.42, F.S.; authorizing the
7 department to deny or cancel any vessel
8 registration, license plate, or fuel use decal
9 when given a dishonored check by the customer;
10 amending s. 328.56, F.S.; deleting the terms
11 "commercial" and "recreational" when referring
12 to vessels operated on the waters of this
13 state; amending s. 328.72, F.S.; deleting the
14 requirements for the transfer of ownership of
15 an antique vessel; amending s. 328.76, F.S.;
16 providing for the appropriation allotted for
17 fiscal year 2000-2001 to be deposited into the
18 Highway Safety Operating Trust Fund; amending
19 s. 713.78, F.S.; adding the insurance company
20 to the list of individuals to be contacted when
21 a vehicle has been towed; providing storage
22 periods before the expiration of which certain
23 salvaged vehicles may not be sold; repealing s.
24 715.05, F.S., relating to the reporting of
25 unclaimed motor vehicles; amending ss. 681.1096
26 and 681.1097, F.S.; revising program
27 requirements for the Pilot RV Mediation and
28 Arbitration program; amending s. 681.115, F.S.;
29 providing that a motor vehicle sales agreement
30 which prohibits disclosure of its terms is
31 void; amending s. 715.07, F.S.; conforming the
116
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HOUSE AMENDMENT
hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 vessel registration law to the motor vehicle
2 registration law; defining the term "vessel";
3 authorizing the removal of an undocumented
4 vessel parked on private property; amending s.
5 832.09, F.S.; authorizing the department to
6 create a standardized form to be used for
7 notification of satisfaction of a worthless
8 check; amending s. 322.056, F.S.; authorizing
9 the court to direct the Department of Highway
10 Safety and Motor Vehicles to issue a driver's
11 license restricted to business or employment
12 purposes only to certain persons under age 18
13 found guilty of certain alcohol, drug, or
14 tobacco offenses;
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