HOUSE AMENDMENT
    hbd-00                        Bill No. CS/CS/HB 1053, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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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
16  
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
                                  1
    File original & 9 copies    05/04/01                          
    hbd0005                     04:25 pm         01053-0040-952581

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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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. 4 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 8 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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. 10 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 12 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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. 13 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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. 16 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 33 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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. 34 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 35 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 36 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 37 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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. 38 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 39 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 40 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 41 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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. 43 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 44 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 45 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 46 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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. 47 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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: 48 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 50 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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. 51 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 52 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 53 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 54 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 55 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 56 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 57 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 58 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 59 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 60 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 61 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 62 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 63 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 64 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 65 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 66 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ (for drafter's use only) 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 67 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 68 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 69 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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. 70 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. Amendment No. ___ (for drafter's use only) 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 71 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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.-- 72 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 73 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 74 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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. 75 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 76 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 77 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 78 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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 79 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT hbd-00 Bill No. CS/CS/HB 1053, 2nd Eng. 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. 80 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 81 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 82 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 83 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 84 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 85 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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: 86 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 87 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 88 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 89 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 90 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 91 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 92 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 93 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 94 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 95 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 96 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
HOUSE AMENDMENT 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 97 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 98 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 99 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 100 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 101 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 102 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 103 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 104 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 105 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 106 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 107 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 108 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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, 109 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 110 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 111 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 114 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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.; 115 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581
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; 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 117 File original & 9 copies 05/04/01 hbd0005 04:25 pm 01053-0040-952581