SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
CHAMBER ACTION
Senate House
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11 Senator Sebesta moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsections (1) and (21) of section
18 316.003, Florida Statutes, are amended, and subsection (82) is
19 added to said section, to read:
20 316.003 Definitions.--The following words and phrases,
21 when used in this chapter, shall have the meanings
22 respectively ascribed to them in this section, except where
23 the context otherwise requires:
24 (1) AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the
25 fire department (fire patrol), police vehicles, and such
26 ambulances and emergency vehicles of municipal departments,
27 public service corporations operated by private corporations,
28 the Department of Environmental Protection, the Department of
29 Health, and the Department of Transportation as are designated
30 or authorized by their respective department or the chief of
31 police of an incorporated city or any sheriff of any of the
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1 various counties.
2 (21) MOTOR VEHICLE.--Any self-propelled vehicle not
3 operated upon rails or guideway, but not including any
4 bicycle, motorized scooter, or moped.
5 (82) MOTORIZED SCOOTER.--Any vehicle not having a seat
6 or saddle for the use of the rider, designed to travel on not
7 more than three wheels, and not capable of propelling the
8 vehicle at a speed greater than 30 miles per hour on level
9 ground.
10 Section 2. Subsections (2) and (3) of section 316.006,
11 Florida Statutes, are amended to read:
12 316.006 Jurisdiction.--Jurisdiction to control traffic
13 is vested as follows:
14 (2) MUNICIPALITIES.--
15 (a) Chartered municipalities shall have original
16 jurisdiction over all streets and highways located within
17 their boundaries, except state roads, and may place and
18 maintain such traffic control devices which conform to the
19 manual and specifications of the Department of Transportation
20 upon all streets and highways under their original
21 jurisdiction as they shall deem necessary to indicate and to
22 carry out the provisions of this chapter or to regulate, warn,
23 or guide traffic.
24 (b) A municipality may exercise jurisdiction over any
25 private road or roads, or over any limited access road or
26 roads owned or controlled by a special district, located
27 within its boundaries if the municipality and party or parties
28 owning or controlling such road or roads provide, by written
29 agreement approved by the governing body of the municipality,
30 for municipal traffic control jurisdiction over the road or
31 roads encompassed by such agreement. Pursuant thereto:
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1 1. Provision for reimbursement for actual costs of
2 traffic control and enforcement and for liability insurance
3 and indemnification by the party or parties, and such other
4 terms as are mutually agreeable, may be included in such an
5 agreement.
6 2. The exercise of jurisdiction provided for herein
7 shall be in addition to jurisdictional authority presently
8 exercised by municipalities under law, and nothing in this
9 paragraph shall be construed to limit or remove any such
10 jurisdictional authority. Such jurisdiction includes
11 regulation of access to such road or roads by security devices
12 or personnel.
13 3. Any such agreement may provide for the installation
14 of multiparty stop signs by the parties controlling the roads
15 covered by the agreement, if a determination is made by such
16 parties that the signage will enhance traffic safety.
17 Multiparty stop signs must conform to the manual and
18 specifications of the Department of Transportation. However,
19 minimum traffic volumes may not be required for the
20 installation of such signage. Enforcement for the signs shall
21 be as provided in s. 316.123.
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23 This subsection shall not limit those counties which have the
24 charter powers to provide and regulate arterial, toll, and
25 other roads, bridges, tunnels, and related facilities from the
26 proper exercise of those powers by the placement and
27 maintenance of traffic control devices which conform to the
28 manual and specifications of the Department of Transportation
29 on streets and highways located within municipal boundaries.
30 (3) COUNTIES.--
31 (a) Counties shall have original jurisdiction over all
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1 streets and highways located within their boundaries, except
2 all state roads and those streets and highways specified in
3 subsection (2), and may place and maintain such traffic
4 control devices which conform to the manual and specifications
5 of the Department of Transportation upon all streets and
6 highways under their original jurisdiction as they shall deem
7 necessary to indicate and to carry out the provisions of this
8 chapter or to regulate, warn, or guide traffic.
9 (b) A county may exercise jurisdiction over any
10 private road or roads, or over any limited access road or
11 roads owned or controlled by a special district, located in
12 the unincorporated area within its boundaries if the county
13 and party or parties owning or controlling such road or roads
14 provide, by written agreement approved by the governing body
15 of the county, for county traffic control jurisdiction over
16 the road or roads encompassed by such agreement. Pursuant
17 thereto:
18 1. Provision for reimbursement for actual costs of
19 traffic control and enforcement and for liability insurance
20 and indemnification by the party or parties, and such other
21 terms as are mutually agreeable, may be included in such an
22 agreement.
23 2. Prior to entering into an agreement which provides
24 for enforcement of the traffic laws of the state over a
25 private road or roads, or over any limited access road or
26 roads owned or controlled by a special district, the governing
27 body of the county shall consult with the sheriff. No such
28 agreement shall take effect prior to October 1, the beginning
29 of the county fiscal year, unless this requirement is waived
30 in writing by the sheriff.
31 3. The exercise of jurisdiction provided for herein
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1 shall be in addition to jurisdictional authority presently
2 exercised by counties under law, and nothing in this paragraph
3 shall be construed to limit or remove any such jurisdictional
4 authority.
5 4. Any such agreement may provide for the installation
6 of multiparty stop signs by the parties controlling the roads
7 covered by the agreement, if a determination is made by such
8 parties that the signage will enhance traffic safety.
9 Multiparty stop signs must conform to the manual and
10 specifications of the Department of Transportation. However,
11 minimum traffic volumes may not be required for the
12 installation of such signage. Enforcement for the signs shall
13 be as provided in s. 316.123.
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15 Notwithstanding the provisions of subsection (2), each county
16 shall have original jurisdiction to regulate parking, by
17 resolution of the board of county commissioners and the
18 erection of signs conforming to the manual and specifications
19 of the Department of Transportation, in parking areas located
20 on property owned or leased by the county, whether or not such
21 areas are located within the boundaries of chartered
22 municipalities.
23 Section 3. Effective July 1, 2001, subsection (4) of
24 section 316.1951, Florida Statutes, is amended to read:
25 316.1951 Parking for certain purposes prohibited.--
26 (4) A law enforcement officer, compliance examiner, or
27 license inspector, or supervisor of the department, as
28 authorized in s. 320.58(1)(a), may cause to be removed at the
29 owner's expense any motor vehicle found upon a public street,
30 public parking lot, other public property, or private
31 property, where the public has the right to travel by motor
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1 vehicle, which is in violation of subsection (1). Every
2 written notice issued pursuant to this section shall be
3 affixed in a conspicuous place upon a vehicle by a law
4 enforcement officer, compliance examiner, or license
5 inspector, or supervisor of the department. Any vehicle found
6 in violation of subsection (1) within 10 days after a previous
7 violation and written notice shall be subject to immediate
8 removal without an additional waiting period.
9 Section 4. Subsection (4) of section 316.1967, Florida
10 Statutes, is amended to read:
11 316.1967 Liability for payment of parking ticket
12 violations and other parking violations.--
13 (4) Any person who elects to appear before a
14 designated official to present evidence waives his or her
15 right to pay the civil penalty provisions of the ticket. The
16 official, after a hearing, shall make a determination as to
17 whether a parking violation has been committed and may impose
18 a civil penalty not to exceed $100 or the fine amount
19 designated by county ordinance, plus court costs. Any person
20 who fails to pay the civil penalty within the time allowed by
21 the court is deemed to have been convicted of a parking ticket
22 violation, and the court shall take appropriate measures to
23 enforce collection of the fine.
24 Section 5. Subsection (2) of section 316.1975, Florida
25 Statutes, is amended to read:
26 316.1975 Unattended motor vehicle.--
27 (2) This section does not apply to the operator of:
28 (a) An authorized emergency vehicle while in the
29 performance of official duties and the vehicle is equipped
30 with an activated antitheft device that prohibits the vehicle
31 from being driven; or
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1 (b) A licensed delivery truck or other delivery
2 vehicle while making deliveries; or.
3 (c) A solid waste or recovered materials vehicle while
4 collecting such items.
5 Section 6. Section 316.2065, Florida Statutes, is
6 amended to read:
7 316.2065 Bicycle and motorized scooter regulations.--
8 (1) Every person propelling a vehicle by human power,
9 or operating a motorized scooter as defined in s. 316.003, has
10 all of the rights and all of the duties applicable to the
11 driver of any other vehicle under this chapter, except as to
12 special regulations in this chapter, and except as to
13 provisions of this chapter which by their nature can have no
14 application.
15 (2) A person operating a bicycle may not ride other
16 than upon or astride a permanent and regular seat attached
17 thereto.
18 (3)(a) A bicycle may not be used to carry more persons
19 at one time than the number for which it is designed or
20 equipped, except that an adult rider may carry a child
21 securely attached to his or her person in a backpack or sling.
22 (b) Except as provided in paragraph (a), a bicycle
23 rider must carry any passenger who is a child under 4 years of
24 age, or who weighs 40 pounds or less, in a seat or carrier
25 that is designed to carry a child of that age or size and that
26 secures and protects the child from the moving parts of the
27 bicycle.
28 (c) A bicycle rider may not allow a passenger to
29 remain in a child seat or carrier on a bicycle when the rider
30 is not in immediate control of the bicycle.
31 (d) A bicycle rider or passenger who is under 16 years
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1 of age must wear a bicycle helmet that is properly fitted and
2 is fastened securely upon the passenger's head by a strap, and
3 that meets the standards of the American National Standards
4 Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
5 standards of the Snell Memorial Foundation (1984 Standard for
6 Protective Headgear for Use in Bicycling), or any other
7 nationally recognized standards for bicycle helmets adopted by
8 the department. As used in this subsection, the term
9 "passenger" includes a child who is riding in a trailer or
10 semitrailer attached to a bicycle.
11 (e) Law enforcement officers and school crossing
12 guards may issue a bicycle safety brochure and a verbal
13 warning to a bicycle rider or passenger who violates this
14 subsection. A bicycle rider or passenger who violates this
15 subsection may be issued a citation by a law enforcement
16 officer and assessed a fine for a pedestrian violation, as
17 provided in s. 318.18. The court shall dismiss the charge
18 against a bicycle rider or passenger for a first violation of
19 paragraph (d) upon proof of purchase of a bicycle helmet that
20 complies with this subsection.
21 (f) A person operating a motorized scooter may not
22 carry passengers.
23 (4) No person riding upon any bicycle, coaster, roller
24 skates, sled, motorized scooter, or toy vehicle may attach the
25 same or himself or herself to any vehicle upon a roadway. This
26 subsection does not prohibit attaching a bicycle trailer or
27 bicycle semitrailer to a bicycle if that trailer or
28 semitrailer is commercially available and has been designed
29 for such attachment.
30 (5)(a) Any person operating a bicycle upon a roadway
31 at less than the normal speed of traffic at the time and place
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1 and under the conditions then existing shall ride as close as
2 practicable to the right-hand curb or edge of the roadway
3 except under any of the following situations:
4 1. When overtaking and passing another bicycle,
5 motorized scooter, or vehicle proceeding in the same
6 direction.
7 2. When preparing for a left turn at an intersection
8 or into a private road or driveway.
9 3. When reasonably necessary to avoid any condition,
10 including, but not limited to, a fixed or moving object,
11 parked or moving vehicle, bicycle, motorized scooter,
12 pedestrian, animal, surface hazard, or substandard-width lane,
13 that makes it unsafe to continue along the right-hand curb or
14 edge. For the purposes of this subsection, a
15 "substandard-width lane" is a lane that is too narrow for a
16 bicycle or motorized scooter and another vehicle to travel
17 safely side by side within the lane.
18 (b) Any person operating a bicycle or motorized
19 scooter upon a one-way highway with two or more marked traffic
20 lanes may ride as near the left-hand curb or edge of such
21 roadway as practicable.
22 (6) Persons riding bicycles or motorized scooters upon
23 a roadway may not ride more than two abreast except on paths
24 or parts of roadways set aside for the exclusive use of
25 bicycles. Persons riding two abreast may not impede traffic
26 when traveling at less than the normal speed of traffic at the
27 time and place and under the conditions then existing and
28 shall ride within a single lane.
29 (7) Any person operating a bicycle or motorized
30 scooter shall keep at least one hand upon the handlebars.
31 (8) Every bicycle or motorized scooter in use between
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1 sunset and sunrise shall be equipped with a lamp on the front
2 exhibiting a white light visible from a distance of at least
3 500 feet to the front and a lamp and reflector on the rear
4 each exhibiting a red light visible from a distance of 600
5 feet to the rear. A bicycle or motorized scooter its rider
6 may be equipped with lights or reflectors in addition to those
7 required by this section.
8 (9) No parent of any minor child and no guardian of
9 any minor ward may authorize or knowingly permit any such
10 minor child or ward to violate any of the provisions of this
11 section.
12 (10) A person propelling a vehicle by human power or
13 operating a motorized scooter, upon and along a sidewalk, or
14 across a roadway upon and along a crosswalk, has all the
15 rights and duties applicable to a pedestrian under the same
16 circumstances.
17 (11) A person propelling a bicycle upon and along a
18 sidewalk, or across a roadway upon and along a crosswalk,
19 shall yield the right-of-way to any pedestrian and shall give
20 an audible signal before overtaking and passing such
21 pedestrian.
22 (12) No person upon roller skates, or riding in or by
23 means of any coaster, toy vehicle, or similar device, may go
24 upon any roadway except while crossing a street on a
25 crosswalk; and, when so crossing, such person shall be granted
26 all rights and shall be subject to all of the duties
27 applicable to pedestrians.
28 (13) This section shall not apply upon any street
29 while set aside as a play street authorized herein or as
30 designated by state, county, or municipal authority.
31 (14) Every bicycle and motorized scooter shall be
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1 equipped with a brake or brakes which will enable its rider to
2 stop the bicycle or motorized scooter within 25 feet from a
3 speed of 10 miles per hour on dry, level, clean pavement.
4 (15) A person engaged in the business of selling
5 bicycles or motorized scooters at retail shall not sell such
6 any bicycle or motorized scooter unless it the bicycle has an
7 identifying number permanently stamped or cast on its frame.
8 (16)(a) A person may not knowingly rent or lease any
9 bicycle to be ridden by a child who is under the age of 16
10 years unless:
11 1. The child possesses a bicycle helmet; or
12 2. The lessor provides a bicycle helmet for the child
13 to wear.
14 (b) A violation of this subsection is a nonmoving
15 violation, punishable as provided in s. 318.18.
16 (17) The court may waive, reduce, or suspend payment
17 of any fine imposed under subsection (3) or subsection (16)
18 and may impose any other conditions on the waiver, reduction,
19 or suspension. If the court finds that a person does not have
20 sufficient funds to pay the fine, the court may require the
21 performance of a specified number of hours of community
22 service or attendance at a safety seminar.
23 (18) Notwithstanding s. 318.21, all proceeds collected
24 pursuant to s. 318.18 for violations under paragraphs (3)(e)
25 and (16)(b) shall be deposited into the State Transportation
26 Trust Fund.
27 (19) The failure of a person to wear a bicycle helmet
28 or the failure of a parent or guardian to prevent a child from
29 riding a bicycle without a bicycle helmet may not be
30 considered evidence of negligence or contributory negligence.
31 (20) Except as otherwise provided in this section, a
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1 violation of this section is a noncriminal traffic infraction,
2 punishable as a pedestrian violation as provided in chapter
3 318. A law enforcement officer may issue traffic citations for
4 a violation of subsection (3) or subsection (16) only if the
5 violation occurs on a bicycle path or road, as defined in s.
6 334.03. However, they may not issue citations to persons on
7 private property, except any part thereof which is open to the
8 use of the public for purposes of vehicular traffic.
9 Section 7. Subsection (2) of section 316.228, Florida
10 Statutes, is amended to read:
11 316.228 Lamps or flags on projecting load.--
12 (2) Any commercial motor vehicle or trailer, except as
13 stated in s. 316.515(7), transporting a load of unprocessed
14 logs or, long pulpwood, poles, or posts which load extends
15 extend more than 4 feet beyond the rear of the body or bed of
16 such vehicle, must have securely fixed as close as practical
17 to the end of any such projection one amber strobe-type lamp
18 equipped with a multidirectional type lens so mounted as to be
19 visible from the rear and both sides of the projecting load.
20 If the mounting of one strobe lamp cannot be accomplished so
21 that it is visible from the rear and both sides of the
22 projecting load, multiple strobe lights shall be utilized so
23 as to meet the visibility requirements of this subsection. The
24 strobe lamp must flash at a rate of at least 60 flashes per
25 minute and must be plainly visible from a distance of at least
26 500 feet to the rear and sides of the projecting load at any
27 time of the day or night. The lamp must be operating at any
28 time of the day or night when the vehicle is operated on any
29 highway or parked on the shoulder or immediately adjacent to
30 the traveled portion of any public roadway. The projecting
31 load shall also be marked with a red flag as described in
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1 subsection (1).
2 Section 8. Subsection (9) of section 316.2397, Florida
3 Statutes, is amended to read:
4 316.2397 Certain lights prohibited; exceptions.--
5 (9) Flashing red lights may be used by emergency
6 response vehicles of the Department of Environmental
7 Protection and the Department of Health when responding to an
8 emergency in the line of duty.
9 Section 9. Section 316.520, Florida Statutes, is
10 amended to read:
11 316.520 Loads on vehicles.--
12 (1) A vehicle may not be driven or moved on any
13 highway unless the vehicle is so constructed or loaded as to
14 prevent any of its load from dropping, shifting, leaking,
15 blowing, or otherwise escaping therefrom, except that sand may
16 be dropped only for the purpose of securing traction or water
17 or other substance may be sprinkled on a roadway in cleaning
18 or maintaining the roadway.
19 (2) It is the duty of every owner and driver,
20 severally, of any vehicle hauling, upon any public road or
21 highway open to the public, dirt, sand, lime rock, gravel,
22 silica, or other similar aggregate or trash, garbage, or any
23 similar material that could fall or blow from such vehicle, to
24 prevent such materials from falling, blowing, or in any way
25 escaping from such vehicle. Covering and securing the load
26 with a close-fitting tarpaulin or other appropriate cover is
27 required.
28 (3) A violation of this section is a noncriminal
29 traffic infraction, punishable as a moving nonmoving violation
30 as provided in chapter 318.
31 (4) This section does not apply to vehicles carrying
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1 agricultural products locally from a field harvest site to a
2 farm storage site or to a farm feed lot on roads where the
3 posted speed limit is 60 miles per hour or less and the
4 distance driven on public roads is less than 20 miles.
5 Section 10. Subsections (1), (2), and (3) of section
6 316.640, Florida Statutes, are amended to read:
7 316.640 Enforcement.--The enforcement of the traffic
8 laws of this state is vested as follows:
9 (1) STATE.--
10 (a)1.a. The Division of Florida Highway Patrol of the
11 Department of Highway Safety and Motor Vehicles, the Division
12 of Law Enforcement of the Fish and Wildlife Conservation
13 Commission, the Division of Law Enforcement of the Department
14 of Environmental Protection, and law enforcement officers of
15 the Department of Transportation each have authority to
16 enforce all of the traffic laws of this state on all the
17 streets and highways thereof and elsewhere throughout the
18 state wherever the public has a right to travel by motor
19 vehicle. The Division of the Florida Highway Patrol may employ
20 as a traffic accident investigation officer any individual who
21 successfully completes at least 200 hours of instruction in
22 traffic accident investigation and court presentation through
23 the Selective Traffic Enforcement Program as approved by the
24 Criminal Justice Standards and Training Commission and funded
25 through the National Highway Traffic Safety Administration or
26 a similar program approved by the commission, but who does not
27 necessarily meet the uniform minimum standards established by
28 the commission for law enforcement officers or auxiliary law
29 enforcement officers under chapter 943. Any such traffic
30 accident investigation officer who makes an investigation at
31 the scene of a traffic accident may issue traffic citations,
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1 based upon personal investigation, when he or she has
2 reasonable and probable grounds to believe that a person who
3 was involved in the accident committed an offense under this
4 chapter, chapter 319, chapter 320, or chapter 322 in
5 connection with the accident. This paragraph does not permit
6 the carrying of firearms or other weapons, nor do such
7 officers have arrest authority other than for the issuance of
8 a traffic citation as authorized in this paragraph.
9 b. University police officers shall have authority to
10 enforce all of the traffic laws of this state when such
11 violations occur on or about any property or facilities that
12 are under the guidance, supervision, regulation, or control of
13 a state university, a direct support organization of such
14 state university, or any other organization controlled by the
15 state university or a direct support organization of the state
16 university the State University System, except that traffic
17 laws may be enforced off-campus when hot pursuit originates
18 on-campus on or adjacent to any such property or facilities.
19 c. Community college police officers shall have the
20 authority to enforce all the traffic laws of this state only
21 when such violations occur on any property or facilities that
22 are under the guidance, supervision, regulation, or control of
23 the community college system.
24 d. Police officers employed by an airport authority
25 shall have the authority to enforce all of the traffic laws of
26 this state only when such violations occur on any property or
27 facilities that are owned or operated by an airport authority.
28 (I) An airport authority may employ as a parking
29 enforcement specialist any individual who successfully
30 completes a training program established and approved by the
31 Criminal Justice Standards and Training Commission for parking
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1 enforcement specialists but who does not otherwise meet the
2 uniform minimum standards established by the commission for
3 law enforcement officers or auxiliary or part-time officers
4 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
5 construed to permit the carrying of firearms or other weapons,
6 nor shall such parking enforcement specialist have arrest
7 authority.
8 (II) A parking enforcement specialist employed by an
9 airport authority is authorized to enforce all state, county,
10 and municipal laws and ordinances governing parking only when
11 such violations are on property or facilities owned or
12 operated by the airport authority employing the specialist, by
13 appropriate state, county, or municipal traffic citation.
14 e. The Office of Agricultural Law Enforcement of the
15 Department of Agriculture and Consumer Services shall have the
16 authority to enforce traffic laws of this state only as
17 authorized by the provisions of chapter 570. However, nothing
18 in this section shall expand the authority of the Office of
19 Agricultural Law Enforcement at its agricultural inspection
20 stations to issue any traffic tickets except those traffic
21 tickets for vehicles illegally passing the inspection station.
22 f. School safety officers shall have the authority to
23 enforce all of the traffic laws of this state when such
24 violations occur on or about any property or facilities which
25 are under the guidance, supervision, regulation, or control of
26 the district school board.
27 2. An agency of the state as described in subparagraph
28 1. is prohibited from establishing a traffic citation quota. A
29 violation of this subparagraph is not subject to the penalties
30 provided in chapter 318.
31 3. Any disciplinary action taken or performance
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1 evaluation conducted by an agency of the state as described in
2 subparagraph 1. of a law enforcement officer's traffic
3 enforcement activity must be in accordance with written
4 work-performance standards. Such standards must be approved by
5 the agency and any collective bargaining unit representing
6 such law enforcement officer. A violation of this subparagraph
7 is not subject to the penalties provided in chapter 318.
8 (b)1. The Department of Transportation has authority
9 to enforce on all the streets and highways of this state all
10 laws applicable within its authority.
11 2.a. The Department of Transportation shall develop
12 training and qualifications standards for toll enforcement
13 officers whose sole authority is to enforce the payment of
14 tolls pursuant to s. 316.1001. Nothing in this subparagraph
15 shall be construed to permit the carrying of firearms or other
16 weapons, nor shall a toll enforcement officer have arrest
17 authority.
18 b. For the purpose of enforcing s. 316.1001,
19 governmental entities, as defined in s. 334.03, which own or
20 operate a toll facility may employ independent contractors or
21 designate employees as toll enforcement officers; however, any
22 such toll enforcement officer must successfully meet the
23 training and qualifications standards for toll enforcement
24 officers established by the Department of Transportation.
25 (2) COUNTIES.--
26 (a) The sheriff's office of each of the several
27 counties of this state shall enforce all of the traffic laws
28 of this state on all the streets and highways thereof and
29 elsewhere throughout the county wherever the public has the
30 right to travel by motor vehicle. In addition, the sheriff's
31 office may be required by the county to enforce the traffic
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1 laws of this state on any private or limited access road or
2 roads over which the county has jurisdiction pursuant to a
3 written agreement entered into under s. 316.006(3)(b).
4 (b) The sheriff's office of each county may employ as
5 a traffic crash investigation officer any individual who
6 successfully completes at least 200 hours of instruction in
7 traffic crash investigation and court presentation through the
8 Selective Traffic Enforcement Program (STEP) as approved by
9 the Criminal Justice Standards and Training Commission and
10 funded through the National Highway Traffic Safety
11 Administration (NHTSA) or a similar program approved by the
12 commission, but who does not necessarily otherwise meet the
13 uniform minimum standards established by the commission for
14 law enforcement officers or auxiliary law enforcement officers
15 under chapter 943. Any such traffic crash investigation
16 officer who makes an investigation at the scene of a traffic
17 crash may issue traffic citations when, based upon personal
18 investigation, he or she has reasonable and probable grounds
19 to believe that a person who was involved in the crash has
20 committed an offense under this chapter, chapter 319, chapter
21 320, or chapter 322 in connection with the crash accident.
22 This paragraph does not permit the carrying of firearms or
23 other weapons, nor do such officers have arrest authority
24 other than for the issuance of a traffic citation as
25 authorized in this paragraph.
26 (c) The sheriff's office of each of the several
27 counties of this state may employ as a parking enforcement
28 specialist any individual who successfully completes a
29 training program established and approved by the Criminal
30 Justice Standards and Training Commission for parking
31 enforcement specialists, but who does not necessarily
18
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1 otherwise meet the uniform minimum standards established by
2 the commission for law enforcement officers or auxiliary or
3 part-time officers under s. 943.12.
4 1. A parking enforcement specialist employed by the
5 sheriff's office of each of the several counties of this state
6 is authorized to enforce all state and county laws,
7 ordinances, regulations, and official signs governing parking
8 within the unincorporated areas of the county by appropriate
9 state or county citation and may issue such citations for
10 parking in violation of signs erected pursuant to s.
11 316.006(3) at parking areas located on property owned or
12 leased by a county, whether or not such areas are within the
13 boundaries of a chartered municipality.
14 2. A parking enforcement specialist employed pursuant
15 to this subsection shall not carry firearms or other weapons
16 or have arrest authority.
17 (3) MUNICIPALITIES.--
18 (a) The police department of each chartered
19 municipality shall enforce the traffic laws of this state on
20 all the streets and highways thereof and elsewhere throughout
21 the municipality wherever the public has the right to travel
22 by motor vehicle. In addition, the police department may be
23 required by a municipality to enforce the traffic laws of this
24 state on any private or limited access road or roads over
25 which the municipality has jurisdiction pursuant to a written
26 agreement entered into under s. 316.006(2)(b). However,
27 nothing in this chapter shall affect any law, general,
28 special, or otherwise, in effect on January 1, 1972, relating
29 to "hot pursuit" without the boundaries of the municipality.
30 (b) The police department of a chartered municipality
31 may employ as a traffic crash investigation officer any
19
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1 individual who successfully completes at least 200 hours of
2 instruction in traffic crash investigation and court
3 presentation through the Selective Traffic Enforcement Program
4 (STEP) as approved by the Criminal Justice Standards and
5 Training Commission and funded through the National Highway
6 Traffic Safety Administration (NHTSA) or a similar program
7 approved by the commission, but who does not otherwise meet
8 the uniform minimum standards established by the commission
9 for law enforcement officers or auxiliary law enforcement
10 officers under chapter 943. Any such traffic crash
11 investigation officer who makes an investigation at the scene
12 of a traffic crash is authorized to issue traffic citations
13 when, based upon personal investigation, he or she has
14 reasonable and probable grounds to believe that a person
15 involved in the crash has committed an offense under the
16 provisions of this chapter, chapter 319, chapter 320, or
17 chapter 322 in connection with the crash. Nothing in This
18 paragraph does not shall be construed to permit the carrying
19 of firearms or other weapons, nor do shall such officers have
20 arrest authority other than for the issuance of a traffic
21 citation as authorized above.
22 (c)1. A chartered municipality or its authorized
23 agency or instrumentality may employ as a parking enforcement
24 specialist any individual who successfully completes a
25 training program established and approved by the Criminal
26 Justice Standards and Training Commission for parking
27 enforcement specialists, but who does not otherwise meet the
28 uniform minimum standards established by the commission for
29 law enforcement officers or auxiliary or part-time officers
30 under s. 943.12.
31 2. A parking enforcement specialist employed by a
20
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1 chartered municipality or its authorized agency or
2 instrumentality is authorized to enforce all state, county,
3 and municipal laws and ordinances governing parking within the
4 boundaries of the municipality employing the specialist, by
5 appropriate state, county, or municipal traffic citation.
6 Nothing in this paragraph shall be construed to permit the
7 carrying of firearms or other weapons, nor shall such a
8 parking enforcement specialist have arrest authority.
9 3. A parking enforcement specialist employed pursuant
10 to this subsection may not carry firearms or other weapons or
11 have arrest authority.
12 Section 11. Subsection (3) of section 316.650, Florida
13 Statutes, is amended to read:
14 316.650 Traffic citations.--
15 (3) Every traffic enforcement officer, upon issuing a
16 traffic citation to an alleged violator of any provision of
17 the motor vehicle laws of this state or of any traffic
18 ordinance of any city or town, shall deposit the original and
19 one copy of such traffic citation or, in the case of a traffic
20 enforcement agency which has an automated citation issuance
21 system, shall provide an electronic facsimile with a court
22 having jurisdiction over the alleged offense or with its
23 traffic violations bureau within 5 days after issuance to the
24 violator. If a law enforcement officer distributes additional
25 information, such information shall be a copy of the traffic
26 school reference guide.
27 Section 12. Subsection (9) of section 318.14, Florida
28 Statutes, is amended to read:
29 318.14 Noncriminal traffic infractions; exception;
30 procedures.--
31 (9) Any person who is cited for an infraction under
21
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1 this section other than a violation of s. 320.0605, s.
2 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or
3 s. 322.62 may, in lieu of a court appearance, elect to attend
4 in the location of his or her choice within this state a basic
5 driver improvement course approved by the Department of
6 Highway Safety and Motor Vehicles. In such a case,
7 adjudication must be withheld; points, as provided by s.
8 322.27, may not be assessed; and the civil penalty that is
9 imposed by s. 318.18(3) must be reduced by 18 percent;
10 however, a person may not make an election under this
11 subsection if the person has made an election under this
12 subsection in the preceding 12 months. A person may make no
13 more than five elections under this subsection. The
14 requirement for community service under s. 318.18(8) is not
15 waived by a plea of nolo contendere or by the withholding of
16 adjudication of guilt by a court.
17 Section 13. Subsection (6) and paragraph (a) of
18 subsection (8) of section 318.18, Florida Statutes, are
19 amended to read:
20 318.18 Amount of civil penalties.--The penalties
21 required for a noncriminal disposition pursuant to s. 318.14
22 are as follows:
23 (6) One hundred dollars or the fine amount designated
24 by county ordinance, plus court costs for illegally parking,
25 under s. 316.1955, in a parking space provided for people who
26 have disabilities. However, this fine will be waived if a
27 person provides to the law enforcement agency that issued the
28 citation for such a violation proof that the person committing
29 the violation has a valid parking permit or license plate
30 issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.
31 320.0845, or s. 320.0848 or a signed affidavit that the owner
22
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1 of the disabled parking permit or license plate was present at
2 the time the violation occurred, and that such a parking
3 permit or license plate was valid at the time the violation
4 occurred. The law enforcement officer, upon determining that
5 all required documentation has been submitted verifying that
6 the required parking permit or license plate was valid at the
7 time of the violation, must sign an affidavit of compliance.
8 Upon provision of the affidavit of compliance and payment of a
9 $5 dismissal fee to the clerk of the circuit court, the clerk
10 shall dismiss the citation.
11 (8)(a) Any person who fails to comply with the court's
12 requirements or who fails to pay the civil penalties specified
13 in this section within the 30-day period provided for in s.
14 318.14 must pay an additional civil penalty of $12, $2.50 of
15 which must be deposited into the General Revenue Fund, and
16 $9.50 of which must be deposited in the Highway Safety
17 Operating Trust Fund. There is hereby appropriated from the
18 Highway Safety Operating Trust Fund for fiscal year 1996-1997
19 the amount of $4 million. From this appropriation the
20 department shall contract with the Florida Association of
21 Court Clerks, Inc., to design, establish, operate, upgrade,
22 and maintain an automated statewide Uniform Traffic Citation
23 Accounting System to be operated by the clerks of the court
24 which shall include, but not be limited to, the accounting for
25 traffic infractions by type, a record of the disposition of
26 the citations, and an accounting system for the fines assessed
27 and the subsequent fine amounts paid to the clerks of the
28 court. On or before December 1, 2002 2001, the clerks of the
29 court must provide the information required by this chapter to
30 be transmitted to the department by electronic transmission
31 pursuant to the contract.
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1 (b) Any person who fails to comply with the court's
2 requirements as to civil penalties specified in this section
3 due to demonstrable financial hardship shall be authorized to
4 satisfy such civil penalties by public works or community
5 service. Each hour of such service shall be applied, at the
6 rate of the minimum wage, toward payment of the person's civil
7 penalties; provided, however, that if the person has a trade
8 or profession for which there is a community service need and
9 application, the rate for each hour of such service shall be
10 the average standard wage for such trade or profession. Any
11 person who fails to comply with the court's requirements as to
12 such civil penalties who does not demonstrate financial
13 hardship may also, at the discretion of the court, be
14 authorized to satisfy such civil penalties by public works or
15 community service in the same manner.
16 (c) If the noncriminal infraction has caused or
17 resulted in the death of another, the person who committed the
18 infraction may perform 120 community service hours under s.
19 316.027(4), in addition to any other penalties.
20 Section 14. Paragraph (b) of subsection (1) and
21 subsection (2) of section 322.0261, Florida Statutes, are
22 amended to read:
23 322.0261 Mandatory driver improvement course; certain
24 crashes.--
25 (1) The department shall screen crash reports received
26 under s. 316.066 or s. 324.051 to identify crashes involving
27 the following:
28 (b) A second crash by the same operator within the
29 previous 2-year period involving property damage in an
30 apparent amount of at least $2,500 $500.
31 (2) With respect to an operator convicted of, or who
24
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1 pleaded nolo contendere to, a traffic offense giving rise to a
2 crash identified pursuant to subsection (1), the department
3 shall require that the operator, in addition to other
4 applicable penalties, attend a departmentally approved basic
5 driver improvement course in order to maintain driving
6 privileges. If the operator fails to complete the course
7 within 90 days of receiving notice from the department, the
8 operator's driver's license shall be canceled by the
9 department until the course is successfully completed.
10 Section 15. Section 322.02615, Florida Statutes, is
11 created to read:
12 322.02615 Mandatory driver improvement course; certain
13 violations.--
14 (1) The department shall screen reports of convictions
15 for violations of chapter 316 to identify operators who:
16 (a) Are less than 21 years of age and have been
17 convicted of, or pleaded nolo contendere to, a noncriminal
18 moving infraction and have also been convicted of, or pleaded
19 nolo contendere to, another noncriminal moving infraction
20 since initial license issuance.
21 (b) Have been convicted of, or pleaded nolo contendere
22 to, more than one noncriminal moving infraction in a 12-month
23 period.
24 (2) With respect to an operator convicted of, or who
25 has pleaded nolo contendere to, a noncriminal traffic offense
26 identified under subsection (1), the department shall require
27 that the operator, in addition to other applicable penalties,
28 attend a departmentally approved basic driver improvement
29 course in order to maintain driving privileges. If the
30 operator fails to complete the course within 90 days after
31 receiving notice from the department, the operator's driver's
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1 license shall be suspended by the department until the course
2 is successfully completed.
3 (3) Attendance of a course approved by the department
4 as a driver improvement course for purposes of s. 318.14(9)
5 shall satisfy the requirements of this section. However,
6 attendance of a course as required by this section is not
7 included in the limitation on course elections under s.
8 318.14(9).
9 Section 16. Subsection (5) of section 318.1451,
10 Florida Statutes, is amended to read:
11 318.1451 Driver improvement schools.--
12 (5)(a) No governmental entity or court shall provide,
13 issue, or maintain any information or orders regarding driver
14 improvement schools or course providers, with the exception of
15 the traffic school reference guide or course provider list
16 referred to in paragraph (b) directing inquiries or requests
17 to the local telephone directory heading of driving
18 instruction or the traffic school reference guide. However,
19 the department is authorized to maintain the information and
20 records necessary to administer its duties and
21 responsibilities for driver improvement courses. Where such
22 information is a public record as defined in chapter 119, it
23 shall be made available to the public upon request pursuant to
24 s. 119.07(1). Course providers receiving requests for
25 information about traffic schools from geographic areas that
26 they do not serve shall provide a telephone number for a
27 course provider that they believe services such geographic
28 area.
29 (b) The department shall prepare for any governmental
30 entity or court to distribute a traffic school reference guide
31 which shall list the benefits of attending a driver
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1 improvement school and contain the names of the fully approved
2 course providers with a single telephone number for each such
3 provider, as furnished by the provider. The cost of producing
4 the traffic school reference guide must be assumed equally by
5 providers electing to have their course included in the guide.
6 Clerks of court may reproduce the traffic school reference
7 guide course provider list, provided that each name is rotated
8 on each reproduction so that each provider occupies each
9 position on the list in a equitable manner, but under no
10 circumstance may any list of course providers or schools be
11 included, and shall refer further inquiries to the telephone
12 directory under driving instruction.
13 Section 17. Section 319.001, Florida Statutes, is
14 amended to read:
15 319.001 Definitions.--As used in this chapter, the
16 term:
17 (1) "Department" means the Department of Highway
18 Safety and Motor Vehicles.
19 (2) "Front-end assembly" means fenders, hood, grill,
20 and bumper.
21 (3)(2) "Licensed dealer," unless otherwise
22 specifically provided, means a motor vehicle dealer licensed
23 under s. 320.27, a mobile home dealer licensed under s.
24 320.77, or a recreational vehicle dealer licensed under s.
25 320.771.
26 (4) "Motorcycle body assembly" means frame, fenders,
27 and gas tanks.
28 (5) "Motorcycle engine" means cylinder block, heads,
29 engine case, and crank case.
30 (6) "Motorcycle transmission" means drive train.
31 (7)(3) "New mobile home" means a mobile home the
27
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1 equitable or legal title to which has never been transferred
2 by a manufacturer, distributor, importer, or dealer to an
3 ultimate purchaser.
4 (8)(4) "New motor vehicle" means a motor vehicle the
5 equitable or legal title to which has never been transferred
6 by a manufacturer, distributor, importer, or dealer to an
7 ultimate purchaser; however, when legal title is not
8 transferred but possession of a motor vehicle is transferred
9 pursuant to a conditional sales contract or lease and the
10 conditions are not satisfied and the vehicle is returned to
11 the motor vehicle dealer, the motor vehicle may be resold by
12 the motor vehicle dealer as a new motor vehicle, provided the
13 selling motor vehicle dealer gives the following written
14 notice to the purchaser: "THIS VEHICLE WAS DELIVERED TO A
15 PREVIOUS PURCHASER." The purchaser shall sign an
16 acknowledgment, a copy of which is kept in the selling
17 dealer's file.
18 (9) "Rear body section" means both quarter panels,
19 decklid, bumper, and floor pan.
20 (10)(5) "Satisfaction of lien" means full payment of a
21 debt or release of a debtor from a lien by the lienholder.
22 (11)(6) "Used motor vehicle" means any motor vehicle
23 that is not a "new motor vehicle" as defined in subsection
24 (8)(4).
25 Section 18. Subsections (1), (2), and (3) of section
26 319.14, Florida Statutes, are amended, subsections (6), (7),
27 and (8) are renumbered as subsections (7), (8), and (9),
28 respectively, and a new subsection (6) is added to said
29 section, to read:
30 319.14 Sale of motor vehicles registered or used as
31 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles
28
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1 and nonconforming vehicles.--
2 (1)(a) No person shall knowingly offer for sale, sell,
3 or exchange any vehicle that has been licensed, registered, or
4 used as a taxicab, police vehicle, or short-term-lease
5 vehicle, or a vehicle that has been repurchased by a
6 manufacturer pursuant to a settlement, determination, or
7 decision under chapter 681, until the department has stamped
8 in a conspicuous place on the certificate of title of the
9 vehicle, or its duplicate, words stating the nature of the
10 previous use of the vehicle or the title has been stamped
11 "Manufacturer's Buy Back" to reflect that the vehicle is a
12 nonconforming vehicle. If the certificate of title or
13 duplicate was not so stamped upon initial issuance thereof or
14 if, subsequent to initial issuance of the title, the use of
15 the vehicle is changed to a use requiring the notation
16 provided for in this section, the owner or lienholder of the
17 vehicle shall surrender the certificate of title or duplicate
18 to the department prior to offering the vehicle for sale, and
19 the department shall stamp the certificate or duplicate as
20 required herein. When a vehicle has been repurchased by a
21 manufacturer pursuant to a settlement, determination, or
22 decision under chapter 681, the title shall be stamped
23 "Manufacturer's Buy Back" to reflect that the vehicle is a
24 nonconforming vehicle.
25 (b) No person shall knowingly offer for sale, sell, or
26 exchange a rebuilt vehicle until the department has stamped in
27 a conspicuous place on the certificate of title for the
28 vehicle words stating that the vehicle has been rebuilt or,
29 assembled from parts, or combined, or is a kit car, glider
30 kit, replica, or flood vehicle unless proper application for a
31 certificate of title for a vehicle that is rebuilt or,
29
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1 assembled from parts, or combined, or is a kit car, glider
2 kit, replica, or flood vehicle has been made to the department
3 in accordance with this chapter and the department or its
4 agent has conducted the physical examination of the vehicle to
5 assure the identity of the vehicle and all major component
6 parts, as defined in s. 319.30(1)(e), which have been repaired
7 or replaced. Thereafter, the department shall affix a decal to
8 the vehicle, in the manner prescribed by the department,
9 showing the vehicle to be rebuilt.
10 (c) As used in this section:
11 1. "Police vehicle" means a motor vehicle owned or
12 leased by the state or a county or municipality and used in
13 law enforcement.
14 2.a. "Short-term-lease vehicle" means a motor vehicle
15 leased without a driver and under a written agreement to one
16 or more persons from time to time for a period of less than 12
17 months.
18 b. "Long-term-lease vehicle" means a motor vehicle
19 leased without a driver and under a written agreement to one
20 person for a period of 12 months or longer.
21 c. "Lease vehicle" includes both short-term-lease
22 vehicles and long-term-lease vehicles.
23 3. "Rebuilt vehicle" means a motor vehicle or mobile
24 home built from salvage or junk, as defined in s. 319.30(1).
25 4. "Assembled from parts" means a motor vehicle or
26 mobile home assembled from parts or combined from parts of
27 motor vehicles or mobile homes, new or used. "Assembled from
28 parts" does not mean a motor vehicle defined as a "rebuilt
29 vehicle" in subparagraph 3., which has been declared a total
30 loss pursuant to s. 319.30.
31 5. "Combined" means assembled by combining two motor
30
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1 vehicles neither of which has been titled and branded as
2 "Salvage Unrebuildable."
3 5.6. "Kit car" means a motor vehicle assembled with a
4 kit supplied by a manufacturer to rebuild a wrecked or
5 outdated motor vehicle with a new body kit.
6 6.7. "Glider kit" means a vehicle assembled with a kit
7 supplied by a manufacturer to rebuild a wrecked or outdated
8 truck or truck tractor.
9 7.8. "Replica" means a complete new motor vehicle
10 manufactured to look like an old vehicle.
11 8.9. "Flood vehicle" means a motor vehicle or mobile
12 home that has been declared to be a total loss pursuant to s.
13 319.30(3)(a) resulting from damage caused by water.
14 9.10. "Nonconforming vehicle" means a motor vehicle
15 which has been purchased by a manufacturer pursuant to a
16 settlement, determination, or decision under chapter 681.
17 10.11. "Settlement" means an agreement entered into
18 between a manufacturer and a consumer that occurs after a
19 dispute is submitted to a program, or an informal dispute
20 settlement procedure established by a manufacturer or is
21 approved for arbitration before the New Motor Vehicle
22 Arbitration Board as defined in s. 681.102.
23 (2) No person shall knowingly sell, exchange, or
24 transfer a vehicle referred to in subsection (1) without,
25 prior to consummating the sale, exchange, or transfer,
26 disclosing in writing to the purchaser, customer, or
27 transferee the fact that the vehicle has previously been
28 titled, registered, or used as a taxicab, police vehicle, or
29 short-term-lease vehicle or is a vehicle that is rebuilt or,
30 assembled from parts, or combined, or is a kit car, glider
31 kit, replica, or flood vehicle, or is a nonconforming vehicle,
31
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1 as the case may be.
2 (3) Any person who, with intent to offer for sale or
3 exchange any vehicle referred to in subsection (1), knowingly
4 or intentionally advertises, publishes, disseminates,
5 circulates, or places before the public in any communications
6 medium, whether directly or indirectly, any offer to sell or
7 exchange the vehicle shall clearly and precisely state in each
8 such offer that the vehicle has previously been titled,
9 registered, or used as a taxicab, police vehicle, or
10 short-term-lease vehicle or that the vehicle or mobile home is
11 a vehicle that is rebuilt or, assembled from parts, or
12 combined, or is a kit car, glider kit, replica, or flood
13 vehicle, or a nonconforming vehicle, as the case may be. Any
14 person who violates this subsection is guilty of a misdemeanor
15 of the second degree, punishable as provided in s. 775.082 or
16 s. 775.083.
17 (6) Any person who removes a rebuilt decal from a
18 rebuilt vehicle or who knowingly possesses a rebuilt vehicle
19 from which a rebuilt decal has been removed is guilty of a
20 felony of the third degree punishable as provided in s.
21 775.082, s. 775.083, or s. 775.084.
22 Section 19. Paragraph (c) of subsection (3) of section
23 319.23, Florida Statutes, is amended to read:
24 319.23 Application for, and issuance of, certificate
25 of title.--
26 (3) If a certificate of title has not previously been
27 issued for a motor vehicle or mobile home in this state, the
28 application, unless otherwise provided for in this chapter,
29 shall be accompanied by a proper bill of sale or sworn
30 statement of ownership, or a duly certified copy thereof, or
31 by a certificate of title, bill of sale, or other evidence of
32
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1 ownership required by the law of the state or county from
2 which the motor vehicle or mobile home was brought into this
3 state. The application shall also be accompanied by:
4 (c) If the vehicle is an ancient or antique vehicle,
5 as defined in s. 320.086, the application shall be accompanied
6 by a certificate of title; a bill of sale and a registration;
7 or a bill of sale and an affidavit by the owner defending the
8 title from all claims. The bill of sale must contain a
9 complete vehicle description to include the vehicle
10 identification or engine number, year make, color, selling
11 price, and signatures of the seller and purchaser.
12
13 Verification of the vehicle identification number is not
14 required for any new motor vehicle; any mobile home; any
15 trailer or semitrailer with a net weight of less than 2,000
16 pounds; or any travel trailer, camping trailer, truck camper,
17 or fifth-wheel recreation trailer.
18 Section 20. Paragraph (a) of subsection (1) of section
19 319.28, Florida Statutes, is amended to read:
20 319.28 Transfer of ownership by operation of law.--
21 (1)(a) In the event of the transfer of ownership of a
22 motor vehicle or mobile home by operation of law as upon
23 inheritance, devise or bequest, order in bankruptcy,
24 insolvency, replevin, attachment, execution or other judicial
25 sale or whenever the engine of a motor vehicle is replaced by
26 another engine or whenever a motor vehicle is sold to satisfy
27 storage or repair charges or repossession is had upon default
28 in performance of the terms of a security agreement, chattel
29 mortgage, conditional sales contract, trust receipt, or other
30 like agreement, and upon the surrender of the prior
31 certificate of title or, when that is not possible,
33
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1 presentation of satisfactory proof to the department of
2 ownership and right of possession to such motor vehicle or
3 mobile home, and upon payment of the fee prescribed by law and
4 presentation of an application for certificate of title, the
5 department may issue to the applicant a certificate of title
6 thereto. If the application is predicated upon a security
7 agreement, chattel mortgage, conditional sales contract, trust
8 receipt, or other like agreement, the original instrument or a
9 certified copy thereof shall accompany the application;
10 however, if an owner under a chattel mortgage voluntarily
11 surrenders possession of the motor vehicle or mobile home, the
12 original or a certified copy of the chattel mortgage shall
13 accompany the application for a certificate of title and it
14 shall not be necessary to institute proceedings in any court
15 to foreclose such mortgage.
16 Section 21. Paragraphs (e) and (f) of subsection (1)
17 and paragraph (b) of subsection (3) of section 319.30, Florida
18 Statutes, are amended to read:
19 319.30 Definitions; dismantling, destruction, change
20 of identity of motor vehicle or mobile home; salvage.--
21 (1) As used in this section, the term:
22 (e) "Major component parts" means:
23 1. For motor vehicles other than motorcycles: the
24 front-end assembly (fenders, hood, grill, bumper), cowl
25 assembly, rear body section (both quarter panels, decklid,
26 bumper), floor pan, door assemblies, engine, frame,
27 transmission, and airbag.
28 2. For trucks, in addition to 1. above: the truck
29 bed.
30 3. For motorcycles: body assembly, frame, fenders,
31 gas tanks, engine, cylinder block, heads, engine case, crank
34
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1 case, transmission, drive train, front fork assembly, and
2 wheels.
3 4. For mobile homes: the frame. the front-end
4 assembly (fenders, hood, grill, and bumper); cowl assembly;
5 rear body section (both quarter panels, decklid, bumper, and
6 floor pan); door assemblies; engine; frame; or transmission.
7 (f) "Major part" means the front-end assembly
8 (fenders, hood, grill, and bumper); cowl assembly; or rear
9 body section (both quarter panels, decklid, bumper, and floor
10 pan).
11 (3)
12 (b) The owner of any motor vehicle or mobile home
13 which is considered to be salvage shall, within 72 hours after
14 the motor vehicle or mobile home becomes salvage, forward the
15 title to the motor vehicle or mobile home to the department
16 for processing. However, an insurance company which pays money
17 as compensation for total loss of a motor vehicle or mobile
18 home shall obtain the certificate of title for the motor
19 vehicle or mobile home and, within 72 hours after receiving
20 such certificate of title, shall forward such title to the
21 department for processing. The owner or insurance company, as
22 the case may be, may not dispose of a vehicle or mobile home
23 that is a total loss before it has obtained a salvage
24 certificate of title or certificate of destruction from the
25 department. When applying for a salvage certificate of title
26 or certificate of destruction, the owner or insurance company
27 must provide the department with an estimate of the costs of
28 repairing the physical and mechanical damage suffered by the
29 vehicle for which a salvage certificate of title or
30 certificate of destruction is sought. If the estimated costs
31 of repairing the physical and mechanical damage to the vehicle
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1 are equal to 80 percent or more of the current retail cost of
2 the vehicle, as established in any official used car or used
3 mobile home guide, the department shall declare the vehicle
4 unrebuildable and print a certificate of destruction, which
5 authorizes the dismantling or destruction of the motor vehicle
6 or mobile home described therein. This certificate of
7 destruction shall be reassignable a maximum of two times
8 before dismantling or destruction of the vehicle shall be
9 required, and shall accompany the motor vehicle or mobile home
10 for which it is issued, when such motor vehicle or mobile home
11 is sold for such purposes, in lieu of a certificate of title,
12 and, thereafter, the department shall refuse issuance of any
13 certificate of title for that vehicle. Nothing in this
14 subsection shall be applicable when a vehicle is worth less
15 than $1,500 retail in undamaged condition in any official used
16 motor vehicle guide or used mobile home guide. An insurer
17 paying a total loss claim may obtain a certificate of
18 destruction for such vehicle. or When a stolen motor vehicle
19 or mobile home is recovered in substantially intact condition
20 and is readily resalable without extensive repairs to or
21 replacement of the frame or engine, the insurer shall obtain a
22 certificate of title in its own name before the vehicle may be
23 sold or transferred. Any person who willfully and deliberately
24 violates this paragraph or falsifies any document to avoid the
25 requirements of this paragraph commits a misdemeanor of the
26 first degree, punishable as provided in s. 775.082 or s.
27 775.083.
28 Section 22. Subsection (1) of section 320.01, Florida
29 Statutes, is amended to read:
30 320.01 Definitions, general.--As used in the Florida
31 Statutes, except as otherwise provided, the term:
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1 (1) "Motor vehicle" means:
2 (a) An automobile, motorcycle, truck, trailer,
3 semitrailer, truck tractor and semitrailer combination, or any
4 other vehicle operated on the roads of this state, used to
5 transport persons or property, and propelled by power other
6 than muscular power, but the term does not include traction
7 engines, road rollers, such vehicles as run only upon a track,
8 bicycles, motorized scooters, or mopeds.
9 (b) A recreational vehicle-type unit primarily
10 designed as temporary living quarters for recreational,
11 camping, or travel use, which either has its own motive power
12 or is mounted on or drawn by another vehicle. Recreational
13 vehicle-type units, when traveling on the public roadways of
14 this state, must comply with the length and width provisions
15 of s. 316.515, as that section may hereafter be amended. As
16 defined below, the basic entities are:
17 1. The "travel trailer," which is a vehicular portable
18 unit, mounted on wheels, of such a size or weight as not to
19 require special highway movement permits when drawn by a
20 motorized vehicle. It is primarily designed and constructed to
21 provide temporary living quarters for recreational, camping,
22 or travel use. It has a body width of no more than 8 1/2 feet
23 and an overall body length of no more than 40 feet when
24 factory-equipped for the road.
25 2. The "camping trailer," which is a vehicular
26 portable unit mounted on wheels and constructed with
27 collapsible partial sidewalls which fold for towing by another
28 vehicle and unfold at the campsite to provide temporary living
29 quarters for recreational, camping, or travel use.
30 3. The "truck camper," which is a truck equipped with
31 a portable unit designed to be loaded onto, or affixed to, the
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1 bed or chassis of the truck and constructed to provide
2 temporary living quarters for recreational, camping, or travel
3 use.
4 4. The "motor home," which is a vehicular unit which
5 does not exceed the 40 feet in length, and the height, and the
6 width limitations provided in s. 316.515, is a self-propelled
7 motor vehicle, and is primarily designed to provide temporary
8 living quarters for recreational, camping, or travel use.
9 5. The "private motor coach," which is a vehicular
10 unit which does not exceed the length, width, and height
11 limitations provided in s. 316.515(9), is built on a
12 self-propelled bus type chassis having no fewer than three
13 load-bearing axles, and is primarily designed to provide
14 temporary living quarters for recreational, camping, or travel
15 use.
16 6. The "van conversion," which is a vehicular unit
17 which does not exceed the length and width limitations
18 provided in s. 316.515, is built on a self-propelled motor
19 vehicle chassis, and is designed for recreation, camping, and
20 travel use.
21 7. The "park trailer," which is a transportable unit
22 which has a body width not exceeding 14 feet and which is
23 built on a single chassis and is designed to provide seasonal
24 or temporary living quarters when connected to utilities
25 necessary for operation of installed fixtures and appliances.
26 The total area of the unit in a setup mode, when measured from
27 the exterior surface of the exterior stud walls at the level
28 of maximum dimensions, not including any bay window, does not
29 exceed 400 square feet when constructed to ANSI A-119.5
30 standards, and 500 square feet when constructed to United
31 States Department of Housing and Urban Development Standards.
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1 The length of a park trailer means the distance from the
2 exterior of the front of the body (nearest to the drawbar and
3 coupling mechanism) to the exterior of the rear of the body
4 (at the opposite end of the body), including any protrusions.
5 8. The "fifth-wheel trailer," which is a vehicular
6 unit mounted on wheels, designed to provide temporary living
7 quarters for recreational, camping, or travel use, of such
8 size or weight as not to require a special highway movement
9 permit, of gross trailer area not to exceed 400 square feet in
10 the setup mode, and designed to be towed by a motorized
11 vehicle that contains a towing mechanism that is mounted above
12 or forward of the tow vehicle's rear axle.
13 Section 23. Subsections (18) and (19) are added to
14 section 320.02, Florida Statutes, to read:
15 320.02 Registration required; application for
16 registration; forms.--
17 (18) The application form for motor vehicle
18 registration and renewal of registration must include language
19 permitting a voluntary contribution of $2 per applicant, which
20 shall be distributed to the Hearing Research Institute,
21 Incorporated, for the purpose of infant hearing screening in
22 Florida.
23 (19) The application form for motor vehicle
24 registration and renewal of registration must include language
25 permitting a voluntary contribution of $1 per applicant, which
26 shall be distributed to the Juvenile Diabetes Foundation
27 International.
28 Section 24. Paragraph (b) of subsection (4) and
29 subsections (5), (6), and (7) of section 320.023, Florida
30 Statutes, are amended, and subsection (8) is added to said
31 section, to read:
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1 320.023 Requests to establish voluntary checkoff on
2 motor vehicle registration application.--
3 (4)
4 (b) The department is authorized to discontinue the
5 voluntary contribution and distribution of associated proceeds
6 if the organization no longer exists, if the organization has
7 stopped providing services that are authorized to be funded
8 from the voluntary contributions, or pursuant to an
9 organizational recipient's request. Organizations are required
10 to notify the department immediately to stop warrants for
11 voluntary check-off contributions if any of the conditions in
12 this subsection exist, and must meet the requirements of
13 paragraph (5)(b) or paragraph (5)(c), if applicable, for any
14 period of operation during the fiscal year.
15 (5) A voluntary contribution collected and distributed
16 under this chapter, or any interest earned from those
17 contributions, may not be used for commercial or for-profit
18 activities nor for general or administrative expenses, except
19 as authorized by law, or to pay the cost of the audit or
20 report required by law.
21 (a) All organizations that receive annual use fee
22 proceeds from the department are responsible for ensuring that
23 proceeds are used in accordance with law.
24 (b) All organizational recipients of any voluntary
25 contributions in excess of $15,000, not otherwise subject to
26 annual audit by the Office of the Auditor General, shall
27 submit an annual audit of the expenditures of these
28 contributions and interest earned from these contributions, to
29 determine if expenditures are being made in accordance with
30 the specifications outlined by law. The audit shall be
31 prepared by a certified public accountant licensed under
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1 chapter 473 at that organizational recipient's expense. The
2 notes to the financial statements should state whether
3 expenditures were made in accordance with law.
4 (b)(c) Any organization not subject to In lieu of an
5 annual audit pursuant to s. 215.97 shall,any organization
6 receiving less than $15,000 in voluntary contributions
7 directly from the department may annually attest report, under
8 penalties of perjury, that such proceeds were used in
9 compliance with law. The attestation shall be made annually in
10 a form and format determined by the department.
11 (c)(d) Any voluntary contributions authorized by law
12 shall only be distributed to an organization under an
13 appropriation by the Legislature.
14 (d)(e) Any organization subject to audit pursuant to
15 s. 215.97 shall submit an audit report in accordance with
16 rules promulgated by the Auditor General. The annual
17 attestation audit or report shall be submitted to the
18 department for review within 9 months 180 days after the end
19 of the organization's fiscal year.
20 (6) Within 90 days after receiving an organization's
21 audit or attestation report, the department shall determine
22 which recipients have not complied with subsection (5). If
23 the department determines that an organization has not
24 complied or has failed to use the revenues in accordance with
25 law, the department must discontinue the distribution of the
26 revenues to the organization until the department determines
27 that the organization has complied. If an organization fails
28 to comply within 12 months after the voluntary contributions
29 are withheld by the department, the proceeds shall be
30 deposited into the Highway Safety Operating Trust Fund to
31 offset department costs.
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1 (7) The Auditor General and the department has have
2 the authority to examine all records pertaining to the use of
3 funds from the voluntary contributions authorized.
4 (8) All organizations seeking to establish a voluntary
5 contribution on a motor vehicle registration application that
6 are required to operate under the Solicitation of
7 Contributions Act, as provided in chapter 496, must do so
8 before funds may be distributed.
9 Section 25. Subsections (1) and (2) of section
10 320.025, Florida Statutes, are amended to read:
11 320.025 Registration certificate and license plate
12 issued under fictitious name; application.--
13 (1) A confidential registration certificate and
14 registration license plate or decal shall be issued under a
15 fictitious name only for a motor vehicle or vessel owned or
16 operated by a law enforcement agency of state, county,
17 municipal, or federal government, the Attorney General's
18 Medicaid Fraud Control Unit, or any state public defender's
19 office. The requesting agency shall file a written application
20 with the department on forms furnished by the department,
21 which includes a statement that the license plate will be used
22 for the Attorney General's Medicaid Fraud Control Unit, or law
23 enforcement or any state public defender's office activities
24 requiring concealment of publicly leased or owned motor
25 vehicles or vessels and a statement of the position
26 classifications of the individuals who are authorized to use
27 the license plate. The department may modify its records to
28 reflect the fictitious identity of the owner or lessee until
29 such time as the license plate and registration certificate
30 are surrendered to it.
31 (2) Except as provided in subsection (1), any motor
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1 vehicle owned or exclusively operated by the state or any
2 county, municipality, or other governmental entity must at all
3 times display a license plate of the type prescribed in s.
4 320.0655. Any vessel owned or exclusively operated by the
5 state or any county, municipality, or other governmental
6 entity must at all times display a registration number as
7 required in s. 328.56 and a vessel decal as required in s.
8 328.48(5).
9 Section 26. Subsections (1) and (2) of section 320.05,
10 Florida Statutes, are amended read:
11 320.05 Records of the department; inspection
12 procedure; lists and searches; fees.--
13 (1) Except as provided in ss. s. 119.07(3) and
14 320.025(3), the department may release records as provided in
15 this section.
16 (2) Upon receipt of an application for the
17 registration of a motor vehicle, vessel, or mobile home, as
18 herein provided for, the department shall register the motor
19 vehicle, vessel, or mobile home under the distinctive number
20 assigned to such motor vehicle, vessel, or mobile home by the
21 department. Electronic registration records shall be open to
22 the inspection of the public during business hours.
23 Information on a motor vehicle or vessel registration may not
24 be made available to a person unless the person requesting the
25 information furnishes positive proof of identification. The
26 agency that furnishes a motor vehicle or vessel registration
27 record shall record the name and address of any person other
28 than a representative of a law enforcement agency who requests
29 and receives information from a motor vehicle or vessel
30 registration record and shall also record the name and address
31 of the person who is the subject of the inquiry or other
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1 information identifying the entity about which information is
2 requested. A record of each such inquiry must be maintained
3 for a period of 6 months from the date upon which the
4 information was released to the inquirer. Nothing in this
5 section shall prohibit any financial institution, insurance
6 company, motor vehicle dealer, licensee under chapter 493,
7 attorney, or other agency which the department determines has
8 the right to know from obtaining, for professional or business
9 use only, information in such records from the department
10 through any means of telecommunication pursuant to a code
11 developed by the department providing all fees specified in
12 subsection (3) have been paid. The department shall disclose
13 records or information to the child support enforcement agency
14 to assist in the location of individuals who owe or
15 potentially owe child support or to whom such an obligation is
16 owed pursuant to Title IV-D of the Social Security Act.
17 Section 27. Subsection (5) of section 320.055, Florida
18 Statutes, is amended to read:
19 320.055 Registration periods; renewal periods.--The
20 following registration periods and renewal periods are
21 established:
22 (5) For a vehicle subject to apportioned registration
23 under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the
24 registration period shall be a period of 12 months beginning
25 in a month designated by the department and ending on the last
26 day of the 12th month. For a vehicle subject to this
27 registration period, the renewal period is the last month of
28 the registration period. The registration period may be
29 shortened or extended at the discretion of the department, on
30 receipt of the appropriate prorated fees, in order to evenly
31 distribute such registrations on a monthly basis. For vehicles
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1 subject to registration other than apportioned under s.
2 320.08(4), (5)(a)1., (6)(b), or (14), the registration period
3 begins December 1 and ends November 30. The renewal period is
4 the 31-day period beginning December 1.
5 Section 28. Paragraphs (b) and (c) of subsection (1)
6 of section 320.06, Florida Statutes, are amended to read:
7 320.06 Registration certificates, license plates, and
8 validation stickers generally.--
9 (1)
10 (b) Registration license plates bearing a graphic
11 symbol and the alphanumeric system of identification shall be
12 issued for a 5-year period. At the end of said 5-year period,
13 upon renewal, the plate shall be replaced. The fee for such
14 replacement shall be $10, $2 of which shall be paid each year
15 before the plate is replaced, to be credited towards the next
16 $10 replacement fee. The fees shall be deposited into the
17 Highway Safety Operating Trust Fund. A credit or refund shall
18 not be given for any prior years' payments of such prorated
19 replacement fee when the plate is replaced or surrendered
20 before the end of the 5-year period. With each license plate,
21 there shall be issued a validation sticker showing the owner's
22 birth month, license plate number, and the year of expiration
23 or the appropriate renewal period if the owner is not a
24 natural person. The validation sticker is to be placed on the
25 upper right corner of the license plate. This validation
26 sticker shall be placed on the upper left corner of the
27 license plate and shall be issued one time during the life of
28 the license plate, or upon request when it has been damaged or
29 destroyed. There shall also be issued with each license plate
30 a serially numbered validation sticker showing the year of
31 expiration, which sticker shall be placed on the upper right
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1 corner of the license plate. Such license plate and validation
2 stickers shall be issued based on the applicant's appropriate
3 renewal period. The registration period shall be a period of
4 12 months, and all expirations shall occur based on the
5 applicant's appropriate registration period. A vehicle with
6 an apportioned registration shall be issued an annual license
7 plate and a cab card that denote the declared gross vehicle
8 weight for each apportioned jurisdiction in which the vehicle
9 is authorized to operate.
10 (c) Registration license plates equipped with
11 validation stickers shall be valid for not more than 12 months
12 and shall expire at midnight on the last day of the
13 registration period. For each registration period after the
14 one in which the metal registration license plate is issued,
15 and until the license plate is required to be replaced, a
16 validation sticker showing the month and year of expiration
17 shall be issued upon payment of the proper license tax amount
18 and fees and shall be valid for not more than 12 months. When
19 license plates equipped with validation stickers are issued in
20 any month other than the owner's birth month or the designated
21 registration period for any other motor vehicle, the effective
22 date shall reflect the birth month or month and the year of
23 renewal. However, when a license plate or validation sticker
24 is issued for a period of less than 12 months, the applicant
25 shall pay the appropriate amount of license tax and the
26 applicable fee under the provisions of s. 320.14 in addition
27 to all other fees. Validation stickers issued for vehicles
28 taxed under the provisions of s. 320.08(6)(a), for any company
29 which owns 250 vehicles or more, or for semitrailers taxed
30 under the provisions of s. 320.08(5)(a), for any company which
31 owns 50 vehicles or more, may be placed on any vehicle in the
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1 fleet so long as the vehicle receiving the validation sticker
2 has the same owner's name and address as the vehicle to which
3 the validation sticker was originally assigned.
4 Section 29. Paragraphs (h) and (i) are added to
5 subsection (2) of section 320.072, Florida Statutes, to read:
6 320.072 Additional fee imposed on certain motor
7 vehicle registration transactions.--
8 (1) A fee of $100 is imposed upon the initial
9 application for registration pursuant to s. 320.06 of every
10 motor vehicle classified in s. 320.08(2), (3), and (9)(c) and
11 (d).
12 (2) The fee imposed by subsection (1) shall not apply
13 to:
14 (h) Any license plate issued in the previous 10-year
15 period from the date the transaction is being processed.
16 (i) Any license plate issued to a vehicle taxed under
17 s. 320.08(2), (3), and (9)(c) or (d) at any time during the
18 previous 10-year period.
19 Section 30. Subsection (6) of section 320.0805,
20 Florida Statutes, is amended to read:
21 320.0805 Personalized prestige license plates.--
22 (6) A personalized prestige license plate shall be
23 issued for the exclusive continuing use of the applicant. An
24 exact duplicate of any plate may not be issued to any other
25 applicant during the same registration period. An exact
26 duplicate may not be issued for any succeeding year unless the
27 previous owner of a specific plate relinquishes it by failure
28 to apply for renewal or reissuance for 1 year following the
29 last year of issuance three consecutive annual registration
30 periods following the original year of issuance.
31 Section 31. Paragraph (h) of subsection (4) of section
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1 320.08056, Florida Statutes, is amended to read:
2 320.08056 Specialty license plates.--
3 (4) The following license plate annual use fees shall
4 be collected for the appropriate specialty license plates:
5 (h) Florida educational license plate, $25 $15.
6 Section 32. Paragraph (ff) is added to subsection (4)
7 of section 320.08056, Florida Statutes, and paragraphs (a),
8 (b), and (c) of subsection (8) of that section, are amended to
9 read:
10 320.08056 Specialty license plates.--
11 (4) The following license plate annual use fees shall
12 be collected for the appropriate specialty license plates:
13 (ff) Florida Golf license plate, $25.
14 (8)(a) The department must discontinue the issuance of
15 an approved specialty license plate if:
16 1. Less than 8,000 plates, including annual renewals,
17 are issued for that specialty license plate by the end of the
18 5th year of sales.
19 2. Less than 8,000 plates, including annual renewals,
20 are issued for that specialty license plate during any
21 subsequent 5-year period.
22 (b) The department is authorized to discontinue the
23 issuance of a specialty license plate and distribution of
24 associated annual use fee proceeds if the organization no
25 longer exists, if the organization has stopped providing
26 services that are authorized to be funded from the annual use
27 fee proceeds, or pursuant to an organizational recipient's
28 request. An organization is required to notify the department
29 immediately to stop all warrants for plate sales if any of the
30 conditions in this section exist, and the organization must
31 comply with s. 320.08062 for any period of operation during a
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1 fiscal year.
2 (c) The requirements of paragraph (a) shall not apply
3 to collegiate specialty license plates authorized in s.
4 320.08058(3), and (13), (21), and (26).
5 Section 33. Subsection (32) is added to section
6 320.08058, Florida Statutes, to read:
7 320.08058 Specialty license plates.--
8 (32) FLORIDA GOLF LICENSE PLATES.--
9 (a) The Department of Highway Safety and Motor
10 Vehicles shall develop a Florida Golf license plate as
11 provided in this section. The word "Florida" must appear at
12 the bottom of the plate. The Dade Amateur Golf Association,
13 following consultation with the PGA TOUR, the Florida Sports
14 Foundation, the LPGA and the PGA of America may submit a
15 revised sample plate for consideration by the department.
16 (b) The department shall distribute the Florida Golf
17 license plate annual use fee to the Florida Sports Foundation,
18 a direct support organization of the Office of Tourism, Trade,
19 and Economic Development. The license plate annual use fees
20 are to be annually allocated as follows:
21 1. Up to five percent of the proceeds from the annual
22 use fees may be used by the Florida Sports Foundation for the
23 administration of the Florida Youth Golf Program.
24 2. The Dade Amateur Golf Association shall receive the
25 first $80,000 in proceeds from the annual use fees for the
26 operation of youth golf programs in Miami-Dade County.
27 Thereafter, 15 percent of the proceeds from the annual use fee
28 shall be provided to the Dade Amateur Golf Association for the
29 operation of youth golf programs in Miami-Dade County.
30 3. The remaining proceeds from the annual use fee
31 shall be available for grants to nonprofit organizations to
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1 operate youth golf programs and for the purpose of marketing
2 the Florida Golf License Plates. All grant recipients,
3 including the Dade Amateur Golf Association, shall be required
4 to provide to the Florida Sports Foundation an annual program
5 and financial report regarding the use of grant funds. Such
6 reports shall be made available to the public.
7 (c) The Florida Sports Foundation shall establish a
8 Florida Youth Golf Program. The Florida Youth Golf Program
9 shall assist organizations for the benefit of youth, introduce
10 young people to golf, instruct young people in golf, teach the
11 values of golf, and stress life skills, fair play, courtesy,
12 and self-discipline.
13 (d) The Florida Sports Foundation shall establish a
14 five-member committee to offer advice regarding the
15 distribution of the annual use fees for grants to nonprofit
16 organizations. The advisory committee shall consist of one
17 member from a group serving youth, one member from a group
18 serving disabled youth, and three members at large.
19 Section 34. Section 320.08062, Florida Statutes, is
20 amended to read:
21 320.08062 Audits and attestation required; annual use
22 fees of specialty license plates.--
23 (1)(a) All organizations that receive annual use fee
24 proceeds from the department are responsible for ensuring that
25 proceeds are used in accordance with ss. 320.08056 and
26 320.08058.
27 (b) All organizational recipients of any specialty
28 license plate annual use fee authorized in this chapter, not
29 otherwise subject to annual audit by the Office of the Auditor
30 General, shall submit an annual audit of the expenditures of
31 annual use fees and interest earned from these fees, to
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1 determine if expenditures are being made in accordance with
2 the specifications outlined by law. The audit shall be
3 prepared by a certified public accountant licensed under
4 chapter 473 at that organizational recipient's expense. The
5 notes to the financial statements should state whether
6 expenditures were made in accordance with ss. 320.08056 and
7 320.08058.
8 (b)(c) Any organization not subject to In lieu of an
9 annual audit pursuant to s. 215.97 shall, any organization
10 receiving less than $25,000 in annual use fee proceeds
11 directly from the department, or from another state agency,
12 may annually attest report, under penalties of perjury, that
13 such proceeds were used in compliance with ss. 320.08056 and
14 320.08058. The attestation shall be made annually in a form
15 and format determined by the department.
16 (c)(d) Any organization subject to audit pursuant to
17 s. 215.97 shall submit an audit report in accordance with
18 rules promulgated by the Auditor General. The annual
19 attestation audit or report shall be submitted to the
20 department for review within 9 months 180 days after the end
21 of the organization's fiscal year.
22 (2) Within 90 days after receiving an organization's
23 audit or attestation report, the department shall determine
24 which recipients of revenues from specialty license plate
25 annual use fees have not complied with subsection (1). If the
26 department determines that an organization has not complied or
27 has failed to use the revenues in accordance with ss.
28 320.08056 and 320.08058, the department must discontinue the
29 distribution of the revenues to the organization until the
30 department determines that the organization has complied. If
31 an organization fails to comply within 12 months after the
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1 annual use fee proceeds are withheld by the department, the
2 proceeds shall be deposited into the Highway Safety Operating
3 Trust Fund to offset department costs related to the issuance
4 of specialty license plates.
5 (3) The Auditor General and the department has have
6 the authority to examine all records pertaining to the use of
7 funds from the sale of specialty license plates.
8 Section 35. Subsection (1) of section 320.083, Florida
9 Statutes, is amended to read:
10 320.083 Amateur radio operators; special license
11 plates; fees.--
12 (1) A person who is the owner or lessee of an
13 automobile or truck for private use, a truck weighing not more
14 than 7,999 5,000 pounds, or a recreational vehicle as
15 specified in s. 320.08(9)(c) or (d), which is not used for
16 hire or commercial use; who is a resident of the state; and
17 who holds a valid official amateur radio station license
18 issued by the Federal Communications Commission shall be
19 issued a special license plate upon application, accompanied
20 by proof of ownership of such radio station license, and
21 payment of the following tax and fees:
22 (a) The license tax required for the vehicle, as
23 prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),
24 (c), (d), (e), or (f), or (9); and
25 (b) An initial additional fee of $5, and an additional
26 fee of $1.50 thereafter.
27 Section 36. Subsections (1), (2), and (3) of section
28 320.089, Florida Statutes, are amended to read:
29 320.089 Members of National Guard and active United
30 States Armed Forces reservists; former prisoners of war;
31 survivors of Pearl Harbor; Purple Heart medal recipients;
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1 special license plates; fee.--
2 (1)(a) Each owner or lessee of an automobile or truck
3 for private use or recreational vehicle as specified in s.
4 320.08(9)(c) or (d), which is not used for hire or commercial
5 use, who is a resident of the state and an active or retired
6 member of the Florida National Guard, a survivor of the attack
7 on Pearl Harbor, a recipient of the Purple Heart medal, or an
8 active member of any branch of the United States Armed Forces
9 Reserve shall, upon application to the department, accompanied
10 by proof of active membership or retired status in the Florida
11 National Guard, proof of membership in the Pearl Harbor
12 Survivors Association or proof of active military duty in
13 Pearl Harbor on December 7, 1941, proof of being a Purple
14 Heart medal recipient, or proof of active membership in any
15 branch of the Armed Forces Reserve, and upon payment of the
16 license tax for the vehicle as provided in s. 320.08, be
17 issued a license plate as provided by s. 320.06, upon which,
18 in lieu of the serial numbers prescribed by s. 320.06, shall
19 be stamped the words "National Guard," "Pearl Harbor
20 Survivor," "Combat-wounded veteran," or "U.S. Reserve," as
21 appropriate, followed by the serial number of the license
22 plate. Additionally, the Purple Heart plate may have the words
23 "Purple Heart" stamped on the plate and the likeness of the
24 Purple Heart medal appearing on the plate.
25 (b) Notwithstanding any other provision of law to the
26 contrary beginning with fiscal year 2000-2001 and annually
27 thereafter, the first $50,000 in general revenue generated
28 from the sale of license plates issued under this section
29 which are stamped with the words "National Guard," "Pearl
30 Harbor Survivor," "Combat-wounded veteran," or "U.S. Reserve"
31 shall be deposited into the Grants and Donations Trust Fund,
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1 as described in s. 296.38(2), to be used for the purposes
2 established by law for that trust fund.
3 (c) Notwithstanding any provisions of law to the
4 contrary, an applicant for a Pearl Harbor Survivor license
5 plate or a Purple Heart license plate who also qualifies for a
6 disabled veteran's license plate under s. 320.084 shall be
7 issued one appropriate special license plate without payment
8 of the license tax imposed by s. 320.08.
9 (2) Each owner or lessee of an automobile or truck for
10 private use, truck weighing not more than 7,999 5,000 pounds,
11 or recreational vehicle as specified in s. 320.08(9)(c) or
12 (d), which is not used for hire or commercial use, who is a
13 resident of the state and who is a former prisoner of war, or
14 their unremarried surviving spouse, shall, upon application
15 therefor to the department, be issued a license plate as
16 provided in s. 320.06, on which license plate are stamped the
17 words "Ex-POW" followed by the serial number. Each application
18 shall be accompanied by proof that the applicant meets the
19 qualifications specified in paragraph (a) or paragraph (b).
20 (a) A citizen of the United States who served as a
21 member of the Armed Forces of the United States or the armed
22 forces of a nation allied with the United States who was held
23 as a prisoner of war at such time as the Armed Forces of the
24 United States were engaged in combat, or their unremarried
25 surviving spouse, may be issued the special license plate
26 provided for in this subsection without payment of the license
27 tax imposed by s. 320.08.
28 (b) A person who was serving as a civilian with the
29 consent of the United States Government, or a person who was a
30 member of the Armed Forces of the United States who was not a
31 United States citizen and was held as a prisoner of war when
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1 the Armed Forces of the United States were engaged in combat,
2 or their unremarried surviving spouse, may be issued the
3 special license plate provided for in this subsection upon
4 payment of the license tax imposed by s. 320.08.
5 (3) Each owner or lessee of an automobile or truck for
6 private use, truck weighing not more than 7,999 5,000 pounds,
7 or recreational vehicle as specified in s. 320.08(9)(c) or
8 (d), which is not used for hire or commercial use, who is a
9 resident of this state and who is the unremarried surviving
10 spouse of a recipient of the Purple Heart medal shall, upon
11 application therefor to the department, with the payment of
12 the required fees, be issued a license plate as provided in s.
13 320.06, on which license plate are stamped the words "Purple
14 Heart" and the likeness of the Purple Heart medal followed by
15 the serial number. Each application shall be accompanied by
16 proof that the applicant is the unremarried surviving spouse
17 of a recipient of the Purple Heart medal.
18 Section 37. Subsection (1) of section 320.18, Florida
19 Statutes, is amended to read:
20 320.18 Withholding registration.--
21 (1) The department may withhold the registration of
22 any motor vehicle or mobile home the owner of which has failed
23 to register it under the provisions of law for any previous
24 period or periods for which it appears registration should
25 have been made in this state, until the tax for such period or
26 periods is paid. The department may cancel any license plate
27 or fuel-use tax decal if the owner pays for the license plate,
28 fuel-use tax decal, or any tax liability, penalty, or interest
29 specified in chapter 207 by a dishonored check, or if the
30 vehicle owner or motor carrier has failed to pay a penalty for
31 a weight or safety violation issued by the Department of
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1 Transportation Motor Carrier Compliance Office.. The
2 Department of Transportation and the Department of Highway
3 Safety and Motor Vehicles may impound any commercial motor
4 vehicle that has a canceled license plate or fuel-use tax
5 decal until the tax liability, penalty, and interest specified
6 in chapter 207, the license tax, or the fuel-use decal fee,
7 and applicable administrative fees have been paid for by
8 certified funds.
9 Section 38. Paragraph (c) of subsection (1) of section
10 320.27, Florida Statutes, is amended, paragraph (f) is added
11 to said subsection, and subsections (7) and (9) of said
12 section are amended, to read:
13 320.27 Motor vehicle dealers.--
14 (1) DEFINITIONS.--The following words, terms, and
15 phrases when used in this section have the meanings
16 respectively ascribed to them in this subsection, except where
17 the context clearly indicates a different meaning:
18 (c) "Motor vehicle dealer" means any person engaged in
19 the business of buying, selling, or dealing in motor vehicles
20 or offering or displaying motor vehicles for sale at wholesale
21 or retail, or who may service and repair motor vehicles
22 pursuant to an agreement as defined in s. 320.60(1). Any
23 person who buys, sells, or deals in three or more motor
24 vehicles in any 12-month period or who offers or displays for
25 sale three or more motor vehicles in any 12-month period shall
26 be prima facie presumed to be engaged in such business. The
27 terms "selling" and "sale" include lease-purchase
28 transactions. A motor vehicle dealer may, at retail or
29 wholesale, sell a recreational vehicle as described in s.
30 320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of
31 a motor vehicle, provided such acquisition is incidental to
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1 the principal business of being a motor vehicle dealer.
2 However, a motor vehicle dealer may not buy a recreational
3 vehicle for the purpose of resale unless licensed as a
4 recreational vehicle dealer pursuant to s. 320.771. A motor
5 vehicle dealer may apply for a certificate of title to a motor
6 vehicle required to be registered under s. 320.08(2)(b), (c),
7 and (d), using a manufacturer's statement of origin as
8 permitted by s. 319.23(1), only if such dealer is authorized
9 by a franchised agreement as defined in s. 320.60(1), to buy,
10 sell, or deal in such vehicle and is authorized by such
11 agreement to perform delivery and preparation obligations and
12 warranty defect adjustments on the motor vehicle; provided
13 this limitation shall not apply to recreational vehicles, van
14 conversions, or any other motor vehicle manufactured on a
15 truck chassis. The transfer of a motor vehicle by a dealer not
16 meeting these qualifications shall be titled as a used
17 vehicle. The classifications of motor vehicle dealers are
18 defined as follows:
19 1. "Franchised motor vehicle dealer" means any person
20 who engages in the business of repairing, servicing, buying,
21 selling, or dealing in motor vehicles pursuant to an agreement
22 as defined in s. 320.60(1).
23 2. "Independent motor vehicle dealer" means any person
24 other than a franchised or wholesale motor vehicle dealer who
25 engages in the business of buying, selling, or dealing in
26 motor vehicles, and who may service and repair motor vehicles.
27 3. "Wholesale motor vehicle dealer" means any person
28 who engages exclusively in the business of buying, selling, or
29 dealing in motor vehicles at wholesale or with motor vehicle
30 auctions. Such person shall be licensed to do business in this
31 state, shall not sell or auction a vehicle to any person who
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1 is not a licensed dealer, and shall not have the privilege of
2 the use of dealer license plates. Any person who buys, sells,
3 or deals in motor vehicles at wholesale or with motor vehicle
4 auctions on behalf of a licensed motor vehicle dealer and as a
5 bona fide employee of such licensed motor vehicle dealer is
6 not required to be licensed as a wholesale motor vehicle
7 dealer. In such cases it shall be prima facie presumed that a
8 bona fide employer-employee relationship exists. A wholesale
9 motor vehicle dealer shall be exempt from the display
10 provisions of this section but shall maintain an office
11 wherein records are kept in order that those records may be
12 inspected.
13 4. "Motor vehicle auction" means any person offering
14 motor vehicles or recreational vehicles for sale to the
15 highest bidder where both sellers and buyers are licensed
16 motor vehicle dealers. Such person shall not sell a vehicle to
17 anyone other than a licensed motor vehicle dealer.
18 5. "Salvage motor vehicle dealer" means any person who
19 engages in the business of acquiring salvaged or wrecked motor
20 vehicles for the purpose of reselling them and their parts.
21
22 The term "motor vehicle dealer" does not include persons not
23 engaged in the purchase or sale of motor vehicles as a
24 business who are disposing of vehicles acquired for their own
25 use or for use in their business or acquired by foreclosure or
26 by operation of law, provided such vehicles are acquired and
27 sold in good faith and not for the purpose of avoiding the
28 provisions of this law; persons engaged in the business of
29 manufacturing, selling, or offering or displaying for sale at
30 wholesale or retail no more than 25 trailers in a 12-month
31 period; public officers while performing their official
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1 duties; receivers; trustees, administrators, executors,
2 guardians, or other persons appointed by, or acting under the
3 judgment or order of, any court; banks, finance companies, or
4 other loan agencies that acquire motor vehicles as an incident
5 to their regular business; motor vehicle brokers; and motor
6 vehicle rental and leasing companies that sell motor vehicles
7 to motor vehicle dealers licensed under this section. Vehicles
8 owned under circumstances described in this paragraph may be
9 disposed of at retail, wholesale, or auction, unless otherwise
10 restricted. A manufacturer of fire trucks, ambulances, or
11 school buses may sell such vehicles directly to governmental
12 agencies or to persons who contract to perform or provide
13 firefighting, ambulance, or school transportation services
14 exclusively to governmental agencies without processing such
15 sales through dealers if such fire trucks, ambulances, school
16 buses, or similar vehicles are not presently available through
17 motor vehicle dealers licensed by the department.
18 (f) "Bona fide employee" means a person who is
19 employed by a licensed motor vehicle dealer and receives
20 annually an Internal Revenue Service Form W-2, or an
21 independent contractor who has a written contract with a
22 licensed motor vehicle dealer and receives annually an
23 Internal Revenue Service Form 1099, for the purpose of acting
24 in the capacity of or conducting motor vehicle sales
25 transactions as a motor vehicle dealer.
26 (7) CERTIFICATE OF TITLE REQUIRED.--For each used
27 motor vehicle in the possession of a licensee and offered for
28 sale by him or her, the licensee either shall have in his or
29 her possession or control a duly assigned certificate of title
30 from the owner in accordance with the provisions of chapter
31 319, from the time when the motor vehicle is delivered to the
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1 licensee and offered for sale by him or her until it has been
2 disposed of by the licensee, or shall have reasonable indicia
3 of ownership or right of possession, or shall have made proper
4 application for a certificate of title or duplicate
5 certificate of title in accordance with the provisions of
6 chapter 319. A motor vehicle dealer may not sell or offer for
7 sale a vehicle in his or her possession unless the dealer
8 satisfies the requirements of this subsection. Reasonable
9 indicia of ownership shall include a duly assigned certificate
10 of title; in the case of a new motor vehicle, a manufacturer's
11 certificate of origin issued to or reassigned to the dealer; a
12 consignment contract between the owner and the dealer along
13 with a secure power of attorney from the owner to the dealer
14 authorizing the dealer to apply for a duplicate certificate of
15 title and assign the title on behalf of the owner; a court
16 order awarding title to the vehicle to the dealer; a salvage
17 certificate of title; a photocopy of a duly assigned
18 certificate of title being held by a financial institution as
19 collateral for a business loan of money to the dealer ("floor
20 plan"); a copy of a canceled check or other documentation
21 evidencing that an outstanding lien on a vehicle taken in
22 trade by a licensed dealer has been satisfied and that the
23 certificate of title will be, but has not yet been, received
24 by the dealer; a vehicle purchase order or installment
25 contract for a specific vehicle identifying that vehicle as a
26 trade-in on a replacement vehicle; or a duly executed odometer
27 disclosure statement as required by Title IV of the Motor
28 Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.
29 92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.
30 100-561) and by 49 C.F.R. part 580 bearing the signatures of
31 the titled owners of a traded-in vehicle.
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1 (9) DENIAL, SUSPENSION, OR REVOCATION.--The department
2 may deny, suspend, or revoke any license issued hereunder or
3 under the provisions of s. 320.77 or s. 320.771, upon proof
4 that a licensee has failed to comply with any of the following
5 provisions with sufficient frequency so as to establish a
6 pattern of wrongdoing on the part of the licensee:
7 (a) Willful violation of any other law of this state,
8 including chapter 319, this chapter, or ss. 559.901-559.9221,
9 which has to do with dealing in or repairing motor vehicles or
10 mobile homes or willful failure to comply with any
11 administrative rule promulgated by the department.
12 Additionally, in the case of used motor vehicles, the willful
13 violation of the federal law and rule in 15 U.S.C. s. 2304, 16
14 C.F.R. part 455, pertaining to the consumer sales window form.
15 (b) Commission of fraud or willful misrepresentation
16 in application for or in obtaining a license.
17 (c) Perpetration of a fraud upon any person as a
18 result of dealing in motor vehicles, including, without
19 limitation, the misrepresentation to any person by the
20 licensee of the licensee's relationship to any manufacturer,
21 importer, or distributor.
22 (d) Representation that a demonstrator is a new motor
23 vehicle, or the attempt to sell or the sale of a demonstrator
24 as a new motor vehicle without written notice to the purchaser
25 that the vehicle is a demonstrator. For the purposes of this
26 section, a "demonstrator," a "new motor vehicle," and a "used
27 motor vehicle" shall be defined as under s. 320.60.
28 (e) Unjustifiable refusal to comply with a licensee's
29 responsibility under the terms of the new motor vehicle
30 warranty issued by its respective manufacturer, distributor,
31 or importer. However, if such refusal is at the direction of
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1 the manufacturer, distributor, or importer, such refusal shall
2 not be a ground under this section.
3 (f) Misrepresentation or false, deceptive, or
4 misleading statements with regard to the sale or financing of
5 motor vehicles which any motor vehicle dealer has, or causes
6 to have, advertised, printed, displayed, published,
7 distributed, broadcast, televised, or made in any manner with
8 regard to the sale or financing of motor vehicles.
9 (g) Requirement by any motor vehicle dealer that a
10 customer or purchaser accept equipment on his or her motor
11 vehicle which was not ordered by the customer or purchaser.
12 (h) Requirement by any motor vehicle dealer that any
13 customer or purchaser finance a motor vehicle with a specific
14 financial institution or company.
15 (i) Failure by any motor vehicle dealer to provide a
16 customer or purchaser with an odometer disclosure statement
17 and a copy of any bona fide written, executed sales contract
18 or agreement of purchase connected with the purchase of the
19 motor vehicle purchased by the customer or purchaser.
20 (j) Failure of any motor vehicle dealer to comply with
21 the terms of any bona fide written, executed agreement,
22 pursuant to the sale of a motor vehicle.
23 (k) Requirement by the motor vehicle dealer that the
24 purchaser of a motor vehicle contract with the dealer for
25 physical damage insurance.
26 (l) Violation of any of the provisions of s. 319.35 by
27 any motor vehicle dealer.
28 (m) Either a history of bad credit or an unfavorable
29 credit rating as revealed by the applicant's official credit
30 report or by investigation by the department.
31 (n) Failure to disclose damage to a new motor vehicle
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1 as defined in s. 320.60(10) of which the dealer had actual
2 knowledge if the dealer's actual cost of repair, excluding
3 tires, bumpers, and glass, exceeds 3 percent of the
4 manufacturer's suggested retail price; provided, however, if
5 only the application of exterior paint is involved, disclosure
6 shall be made if such touch-up paint application exceeds $100.
7 (o) Failure to apply for transfer of a title as
8 prescribed in s. 319.23(6).
9 (p) Use of the dealer license identification number by
10 any person other than the licensed dealer or his or her
11 designee.
12 (q) Conviction of a felony.
13 (r) Failure to continually meet the requirements of
14 the licensure law.
15 (s) A person who has been When a motor vehicle dealer
16 is convicted of a crime, infraction, or violation as set forth
17 in paragraph (g) which results in his or her being prohibited
18 from continuing in that capacity, the dealer may not serve
19 continue in any capacity within the industry. Such person The
20 offender shall have no financial interest, management, sales,
21 or other role in the operation of a dealership. Further, the
22 person offender may not derive income from the dealership
23 beyond reasonable compensation for the sale of his or her
24 ownership interest in the business. The license or application
25 of any dealership in which such person has an interest or
26 plays a role in violation of this subsection shall be denied
27 or revoked, as the case may be.
28 (t) Representation to a customer or any advertisement
29 to the general public representing or suggesting that a motor
30 vehicle is a new motor vehicle if such vehicle lawfully cannot
31 be titled in the name of the customer or other member of the
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1 general public by the seller using a manufacturer's statement
2 of origin as permitted in s. 319.23(1).
3 (u) Failure to honor a bank draft or check given to a
4 motor vehicle dealer for the purchase of a motor vehicle by
5 another motor vehicle dealer within 10 days after notification
6 that the bank draft or check has been dishonored. A single
7 violation of this paragraph is sufficient for revocation or
8 suspension. If the transaction is disputed, the maker of the
9 bank draft or check shall post a bond in accordance with the
10 provisions of s. 559.917, and no proceeding for revocation or
11 suspension shall be commenced until the dispute is resolved.
12 (v) Sale by a motor vehicle dealer of a vehicle
13 offered in trade by a customer prior to consummation of the
14 sale, exchange, or transfer of a newly acquired vehicle to the
15 customer, unless the customer provides written authorization
16 for the sale of the trade-in vehicle prior to delivery of the
17 newly acquired vehicle.
18 Section 39. Paragraph (a) of subsection (11) of
19 section 320.60, Florida Statutes, is amended and a new
20 subsection (15) is added to read:
21 320.60 Definitions for ss. 320.61-320.70.--Whenever
22 used in ss. 320.61-320.70, unless the context otherwise
23 requires, the following words and terms have the following
24 meanings:
25 (11)(a) "Motor vehicle dealer" means any person, firm,
26 company, or corporation, or other entity, who,
27 1. Is licensed pursuant to s. 320.27 as a "franchised
28 motor vehicle dealer" and, for commission, money or other
29 things of value, repairs or services motor vehicles or used
30 motor vehicles pursuant to an agreement as defined in
31 subsection (1), or
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1 2. Who sells, exchanges, buys, leases or rents, or
2 offers, or attempts to negotiate a sale or exchange of any
3 interest in, motor vehicles, or
4 3. Who is engaged wholly or in part in the business of
5 selling motor vehicles, whether or not such motor vehicles are
6 owned by such person, firm, company, or corporation.
7 (15) "Sell," "selling," "sold," "exchange," "retail
8 sales," and "leases" includes any transaction where the title
9 of motor vehicle or used motor vehicle is transferred to a
10 retail consumer, and also any retail lease transaction where a
11 retail customer leases a vehicle for a period of at least 12
12 months. Establishing a price for sale pursuant to s.
13 320.64(24) does not constitute a sale or lease.
14 Section 40. Subsection (4) of section 320.61, Florida
15 Statutes, is amended to read:
16 320.61 Licenses required of motor vehicle
17 manufacturers, distributors, importers, etc.--
18 (4) When a complaint of unfair or prohibited
19 cancellation or nonrenewal of a dealer agreement is made by a
20 motor vehicle dealer against a licensee and such complaint is
21 pending is in the process of being heard pursuant to ss.
22 320.60-320.70 by the department, no replacement application
23 for such agreement shall be granted and no license shall be
24 issued by the department under s. 320.27 to any replacement
25 dealer until a final decision is rendered by the department on
26 the complaint of unfair cancellation, so long as the dealer
27 agreement of the complaining dealer is in effect as provided
28 under s. 320.641(7).
29 Section 41. Section 320.64, Florida Statutes, is
30 amended to read:
31 320.64 Denial, suspension, or revocation of license;
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1 grounds.--A license of a licensee under s. 320.61 may be
2 denied, suspended, or revoked within the entire state or at
3 any specific location or locations within the state at which
4 the applicant or licensee engages or proposes to engage in
5 business, upon a proof that the section was violated with
6 sufficient frequency to establish a pattern of wrongdoing and
7 a licensee or applicant shall be liable for claims and
8 remedies provided in s. 320.695 and s. 320.697 for any
9 violation of any of the following provisions. A licensee is
10 prohibited from committing the following acts: upon proof that
11 an applicant or licensee has failed to comply with any of the
12 following provisions with sufficient frequency so as to
13 establish a pattern of wrongdoing on the part of the
14 applicant:
15 (1) The applicant or licensee is determined to be
16 unable to carry out contractual obligations with its motor
17 vehicle dealers.
18 (2) The applicant or licensee has knowingly made a
19 material misstatement in its application for a license.
20 (3) The applicant or licensee willfully has failed to
21 comply with significant provisions of ss. 320.60-320.70 or
22 with any lawful rule or regulation adopted or promulgated by
23 the department.
24 (4) The applicant or licensee has indulged in any
25 illegal act relating to his or her business.
26 (5) The applicant or licensee has coerced or attempted
27 to coerce any motor vehicle dealer into accepting delivery of
28 any motor vehicle or vehicles or parts or accessories therefor
29 or any other commodities which have not been ordered by the
30 dealer.
31 (6) The applicant or licensee has coerced or attempted
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1 to coerce any motor vehicle dealer to enter into any agreement
2 with the licensee.
3 (7) The applicant or licensee has threatened to
4 discontinue, cancel, or not to renew a franchise agreement of
5 a licensed motor vehicle dealer, where the threatened
6 discontinuation, cancellation, or nonrenewal, if implemented,
7 would be in violation of any of the provisions of s. 320.641.
8 (8) The applicant or licensee discontinued, canceled,
9 or failed to renew, a franchise agreement of a licensed motor
10 vehicle dealer in violation of any of the provisions of s.
11 320.641.
12 (9) The applicant or licensee has threatened to modify
13 or replace, or has modified or replaced, a franchise agreement
14 with a succeeding franchise agreement which would adversely
15 alter the rights or obligations of a motor vehicle dealer
16 under an existing franchise agreement or which substantially
17 impairs the sales, service obligations, or investment of the
18 motor vehicle dealer.
19 (10) The applicant or licensee has attempted to enter,
20 or has entered, into a franchise agreement with a motor
21 vehicle dealer who does not, at the time of the franchise
22 agreement, have proper facilities to provide the services to
23 his or her purchasers of new motor vehicles which are covered
24 by the new motor vehicle warranty issued by the applicant or
25 licensee.
26 (11) The applicant or licensee has coerced a motor
27 vehicle dealer to provide installment financing for the motor
28 vehicle dealer's purchasers with a specified financial
29 institution.
30 (12) The applicant or licensee has advertised,
31 printed, displayed, published, distributed, broadcast, or
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1 televised, or caused or permitted to be advertised, printed,
2 displayed, published, distributed, broadcast, or televised, in
3 any manner whatsoever, any statement or representation with
4 regard to the sale or financing of motor vehicles which is
5 false, deceptive, or misleading.
6 (13) The applicant or licensee has refused to deliver,
7 in reasonable quantities and within a reasonable time, to any
8 duly licensed motor vehicle dealer who has an agreement with
9 such applicant or licensee for the retail sale of new motor
10 vehicles and parts for motor vehicles sold or distributed by
11 the applicant or licensee, any such motor vehicles or parts as
12 are covered by such agreement specifically publicly advertised
13 by such applicant or licensee to be available for immediate
14 delivery. However, the failure to deliver any motor vehicle
15 or part will not be considered a violation of this section if
16 the failure is due to act of God, work stoppage, or delay due
17 to a strike or labor difficulty, a freight embargo, product
18 shortage, or other cause over which the applicant or licensee
19 has no control. The failure to deliver parts or components for
20 the current and 5 preceding years' models within 60 days from
21 date of order shall be deemed prima facie unreasonable.
22 (13)(14) The applicant or licensee has sold,
23 exchanged, or rented a motorcycle which produces in excess of
24 5 brake horsepower, knowing the use thereof to be by, or
25 intended for, the holder of a restricted Florida driver's
26 license.
27 (14)(15) The applicant or licensee has engaged in
28 previous conduct which would have been a ground for revocation
29 or suspension of a license if the applicant or licensee had
30 been licensed.
31 (16) Notwithstanding the terms of any franchise
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1 agreement, and unless it can be shown that the licensee's
2 franchised dealer is actively negligent, the applicant or
3 licensee has failed to indemnify and hold harmless its
4 franchised motor vehicle dealer against any judgment for
5 damages or settlement agreed to in writing by the applicant or
6 licensee, including, but not limited to, court costs and
7 reasonable attorney's fees of the motor vehicle dealer, which
8 judgment or settlement arose out of complaints, claims, or
9 lawsuits based upon such grounds as strict liability;
10 negligence; misrepresentation; warranty, express or implied;
11 or rescission of the sale as described in s. 672.608, less any
12 offset for use recovered by the licensee's franchised motor
13 vehicle dealer, and only to the extent that the judgment or
14 settlement relates to the alleged defective or negligent
15 manufacture, assembly, or design of new motor vehicles, parts,
16 or accessories or other functions of the manufacturer.
17 (15)(17) The applicant or licensee, directly or
18 indirectly, through the actions of any parent of the licensee,
19 subsidiary of the licensee, or common entity causes a
20 termination, cancellation, or nonrenewal of a franchise
21 agreement by a present or previous distributor or importer
22 unless, by the effective date of such action, the applicant or
23 licensee offers the motor vehicle dealer whose franchise
24 agreement is terminated, canceled, or not renewed a franchise
25 agreement containing substantially the same provisions
26 contained in the previous franchise agreement or files an
27 affidavit with the department acknowledging its undertaking to
28 assume and fulfill the rights, duties, and obligations of its
29 predecessor distributor or importer under the terminated,
30 canceled, or nonrenewed franchise agreement and the same is
31 reinstated.
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1 (16)(18) Notwithstanding the terms of any franchise
2 agreement, the applicant or licensee prevents or refuses to
3 accept the succession to any interest in a franchise agreement
4 by any legal heir or devisee under the will of a motor vehicle
5 dealer or under the laws of descent and distribution of this
6 state; provided, the applicant or licensee is not required to
7 accept a succession where such heir or devisee does not meet
8 licensee's written, reasonable, and uniformly applied minimal
9 standard qualifications for dealer applicants or which, after
10 notice and administrative hearing pursuant to chapter 120, is
11 demonstrated to be detrimental to the public interest or to
12 the representation of the applicant or licensee. Nothing
13 contained herein, however, shall prevent a motor vehicle
14 dealer, during his or her lifetime, from designating any
15 person as his or her successor in interest by written
16 instrument filed with and accepted by the applicant or
17 licensee. A licensee who rejects the successor transferee
18 under this subsection shall have the burden of establishing in
19 any proceeding where such rejection is in issue that the
20 rejection of the successor transferee complies with this
21 subsection.
22 (17)(19) The applicant or licensee has included in any
23 franchise agreement with a motor vehicle dealer terms or
24 provisions that are contrary to, prohibited by, or otherwise
25 inconsistent with the provisions contained in ss.
26 320.60-320.70, or has failed to include in such franchise
27 agreement a provision conforming to the requirements of s.
28 320.63(3).
29 (18)(20) The applicant or licensee has established a
30 system of motor vehicle allocation or distribution or has
31 implemented a system of allocation or distribution of motor
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1 vehicles to one or more of its franchised motor vehicle
2 dealers which is unfair, inequitable, unreasonably
3 discriminatory, or not supportable by reason and good cause
4 after considering the equities of the affected motor vehicles
5 dealer or dealers. An applicant or licensee shall maintain
6 for 3 years records that describe its methods or formula of
7 allocation and distribution of its motor vehicles and records
8 of its actual allocation and distribution of motor vehicles
9 to its motor vehicle dealers in this state.
10 (19)(21) The applicant or licensee, without good and
11 fair cause, has delayed, refused, or failed to provide a
12 supply of motor vehicles by series in reasonable quantities,
13 including the models publicly advertised by the applicant or
14 licensee as being available, or has delayed, refused, or
15 failed to deliver motor vehicle parts and accessories within a
16 reasonable time after receipt of an order by a franchised
17 dealer. However, this subsection is not violated if such
18 failure is caused by acts or causes beyond the control of the
19 applicant or licensee.
20 (20)(22) The applicant or licensee has required, or
21 threatened to require, a motor vehicle dealer to prospectively
22 assent to a release, assignment, novation, waiver, or
23 estoppel, which instrument or document operates, or is
24 intended by the applicant or licensee to operate, to relieve
25 any person from any liability or obligation under the
26 provisions of ss. 320.60-320.70.
27 (21)(23) The applicant or licensee has threatened or
28 coerced a motor vehicle dealer toward conduct or action
29 whereby the dealer would waive or forego its right to protest
30 the establishment or relocation of a motor vehicle dealer in
31 the community or territory serviced by the threatened or
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1 coerced dealer.
2 (22) The applicant or licensee has refused to deliver,
3 in reasonable quantities and within a reasonable time, to any
4 duly licensed motor vehicle dealer who has an agreement with
5 such applicant or licensee for the retail sale of new motor
6 vehicles and parts for motor vehicles sold or distributed by
7 the applicant or licensee, any such motor vehicles or parts as
8 are covered by such agreement. Such refusal includes the
9 failure to offer to its same line-make franchised motor
10 vehicle dealers all models manufactured for that line-make, or
11 requiring a dealer to pay any extra fee, require a dealer to
12 execute a separate franchise agreement, purchase unreasonable
13 advertising displays or other materials, or remodel, renovate,
14 or recondition the dealer's existing facilities, or provide
15 exclusive facilities as a prerequisite to receiving a model or
16 series of vehicles. However, the failure to deliver any motor
17 vehicle or part will not be considered a violation of this
18 section if the failure is due to an act of God, work stoppage,
19 or delay due to a strike or labor difficulty, a freight
20 embargo, product shortage, or other cause over which the
21 applicant or licensee has no control. An applicant or
22 licensee may impose reasonable requirements on the motor
23 vehicle dealer, other than the items listed above, including,
24 but not limited to, the purchase of special tools required to
25 properly service a motor vehicle, the undertaking of sales
26 person or service person training related to the motor
27 vehicle.
28 (23) The applicant or licensee has competed or is
29 competing with respect to any activity covered by the
30 franchise agreement with a motor vehicle dealer of the same
31 line-make located in this state with whom the applicant or
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1 licensee has entered into a franchise agreement, except as
2 permitted in s. 320.645.
3 (24) The applicant or licensee has sold a motor
4 vehicle to any retail consumer in the state except through a
5 motor vehicle dealer holding a franchise agreement for the
6 line-make that includes the motor vehicle. This section does
7 not apply to sales by the applicant or licensee of motor
8 vehicles to its current employees, employees of companies
9 affiliated by common ownership, charitable not-for-profit-
10 organizations, and the federal government.
11 (25) The applicant or licensee has undertaken an audit
12 of warranty payments or incentive payment previously paid to a
13 motor vehicle dealer in violation of this section or has
14 failed to comply with s. 320.696. An applicant or licensee
15 may reasonably and periodically audit a motor vehicle dealer
16 to determine the validity of paid claims. Audit of warranty
17 payments shall only be for the 1-year period immediately
18 following the date the claim was paid. Audit of incentive
19 payments shall only be for an 18-month period immediately
20 following the date the incentive was paid. An applicant or
21 licensee shall not deny a claim or charge a motor vehicle
22 dealer back subsequent to the payment of the claim unless the
23 applicant or licensee can show that the claim was false or
24 fraudulent or that the motor vehicle dealer failed to
25 substantially comply with the reasonable written and uniformly
26 applied procedures of the applicant or licensee for such
27 repairs or incentives.
28 (26) Notwithstanding the terms of any franchise
29 agreement, the applicant or licensee has refused to allocate,
30 sell, or deliver motor vehicles, charged back or withheld
31 payments or other things of value for which the dealer is
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1 otherwise eligible under a sales promotion, program, or
2 contest, or prevented the motor vehicle dealer from
3 participating in any promotion, program, or contest for
4 selling a motor vehicle to a customer who was present at the
5 dealership and the motor vehicle dealer did not know or should
6 not have reasonably known that the vehicle would be shipped to
7 a foreign country. There will be a rebuttable presumption
8 that the dealer did not know or should not have reasonably
9 known that the vehicle would be shipped to a foreign country
10 if the vehicle is titled in one of the fifty United States.
11 (27) Notwithstanding the terms of any franchise
12 agreement, the applicant or licensee has failed or refused to
13 indemnify and hold harmless any motor vehicle dealer against
14 any judgment for damages, or settlements agreed to by the
15 applicant or licensee, including, without limitation, court
16 costs and reasonable attorneys fees, arising out of
17 complaints, claims, or lawsuits, including, without
18 limitation, strict liability, negligence, misrepresentation,
19 express or implied warranty, or revocation or rescission of
20 acceptance of the sale of a motor vehicle, to the extent the
21 judgment or settlement relates to the alleged negligent
22 manufacture, design, or assembly of motor vehicles, parts, or
23 accessories. Nothing herein shall obviate the licensee's
24 obligations pursuant to chapter 681.
25 (28) The applicant or licensee has published,
26 disclosed, or otherwise made available in any form information
27 provided by a motor vehicle dealer with respect to sales
28 prices of motor vehicles or profit per motor vehicle sold.
29 Other confidential financial information provided by motor
30 vehicle dealers shall not be published, disclosed, or
31 otherwise made publicly available except in composite form.
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1 However, this information may be disclosed with the written
2 consent of the dealer or in response to a subpoena or order of
3 the Department, a court or a lawful tribunal, or introduced
4 into evidence in such a proceeding, after timely notice to an
5 affected dealer.
6 (29) The applicant or licensee has failed to reimburse
7 a motor vehicle dealer in full for the reasonable cost of
8 providing a loaner vehicle to any customer who is having a
9 vehicle serviced at the motor vehicle dealer, if a loaner is
10 required by the applicant or licensee, or a loaner is
11 expressly part of an applicant or licensee's customer
12 satisfaction index or computation.
13 (30) The applicant or licensee has conducted or
14 threatened to conduct any audit of a motor vehicle dealer in
15 order to coerce or attempt to coerce the dealer to forego any
16 rights granted to the dealer under ss. 320.60-320.70 or under
17 the agreement between the licensee and the motor vehicle
18 dealer. Nothing in this section shall prohibit an applicant
19 or licensee from reasonably and periodically auditing a dealer
20 to determine the validity of paid claims.
21 (31) From and after the effective date of enactment of
22 this provision, the applicant or licensee has offered to any
23 motor vehicle dealer a franchise agreement that:
24 (a) Requires that a motor vehicle dealer bring an
25 administrative or legal action in a venue outside of this
26 state, or
27 (b) Requires that any arbitration, mediation, or other
28 legal proceeding be conducted outside of this state, or
29 (c) Requires that a law of a state other than Florida
30 be applied to any legal proceeding between a motor vehicle
31 dealer and a licensee.
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1 (32) Notwithstanding the terms of any franchise
2 agreement, the applicant or licensee has rejected or withheld
3 approval of any proposed transfer in violation of s. 320.643
4 or a proposed change of executive management in violation of
5 s. 320.644.
6 A motor vehicle dealer who can demonstrate that a violation
7 of, or failure to comply with, any of the preceding provisions
8 by an applicant or licensee will or can adversely and
9 pecuniarily affect the complaining dealer, shall be entitled
10 to pursue all of the remedies, procedures, and rights of
11 recovery available under ss. 320.695 and 320.697.
12
13 Section 42. Section 320.641, Florida Statutes, is
14 amended to read:
15 320.641 Discontinuations, cancellations, nonrenewals,
16 modifications, and replacementUnfair cancellation of franchise
17 agreements.--
18 (1)(a) An applicant or licensee shall give written
19 notice to the motor vehicle dealer and the department of the
20 licensee's intention to discontinue, cancel, or fail to renew
21 a franchise agreement or of the licensee's intention to modify
22 a franchise or replace a franchise with a succeeding
23 franchise, which modification or replacement will adversely
24 alter the rights or obligations of a motor vehicle dealer
25 under an existing franchise agreement or will substantially
26 impair the sales, service obligations, or investment of the
27 motor vehicle dealer, at least 90 days before the effective
28 date thereof, together with the specific grounds for such
29 action.
30 (b) The failure by the licensee to comply with the
31 90-day notice period and procedure prescribed herein shall
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1 render voidable, at the option of the motor vehicle dealer,
2 any discontinuation, cancellation, nonrenewal, modification,
3 or replacement of any franchise agreement. Designation of a
4 franchise agreement at a specific location as a "nondesignated
5 point" shall be deemed an evasion of this section and
6 constitutes an unfair cancellation.
7 (2) Franchise agreements are deemed to be continuing
8 unless the applicant or licensee has notified the department
9 of the discontinuation of, cancellation of, failure to renew,
10 modification of, or replacement of the agreement of any of its
11 motor vehicle dealers; and annual renewal of the license
12 provided for under ss. 320.60-320.70 is not necessary for any
13 cause of action against the licensee.
14 (3) Any motor vehicle dealer who receives a notice of
15 intent to discontinue, cancel, not renew, modify, or replace
16 whose franchise agreement is discontinued, canceled, not
17 renewed, modified, or replaced may, within the 90-day notice
18 period, file a petition or complaint for a determination of
19 whether such action is an unfair or prohibited
20 discontinuation, cancellation, nonrenewal, modification, or
21 replacement. Agreements and certificates of appointment shall
22 continue in effect until final determination of the issues
23 raised in such petition or complaint by the motor vehicle
24 dealer. A discontinuation, cancellation, or nonrenewal of a
25 franchise agreement is unfair if it is not clearly permitted
26 by the franchise agreement; is not undertaken in good faith;
27 is not undertaken for good cause; or is based on an alleged
28 breach of the franchise agreement which is not in fact a
29 material and substantial breach; or, if the grounds relied
30 upon for termination, cancellation, or nonrenewal have not
31 been applied in a uniform and consistent manner by the
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1 licensee. A modification or replacement is unfair if it is
2 not clearly permitted by the franchise agreement; is not
3 undertaken in good faith; or is not undertaken for good cause.
4 The applicant or licensee shall have burden of proof that such
5 action is fair and not prohibited.
6 (4) Notwithstanding any other provision of this
7 section, the failure of a motor vehicle dealer to be engaged
8 in business with the public for 10 consecutive business days
9 constitutes abandonment by the dealer of his or her franchise
10 agreement. If any motor vehicle dealer abandons his or her
11 franchise agreement, he or she has no cause of action under
12 this section. For the purpose of this section, a dealer shall
13 be considered to be engaged in business with the public if a
14 sales and service facility is open and is performing such
15 services 8 hours a day, 5 days a week, excluding holidays.
16 However, it will not be considered abandonment if such failure
17 to engage in business is due to an act of God, a work
18 stoppage, or a delay due to a strike or labor difficulty, a
19 freight embargo, or other cause over which the motor vehicle
20 dealer has no control, including any violation of ss.
21 320.60-320.70.
22 (5) Notwithstanding any other provision of this
23 section, if a motor vehicle dealer has abandoned his or her
24 franchise agreement as provided in subsection (4), the
25 licensee may give written notice to the dealer and the
26 department of the licensee's intention to discontinue, cancel,
27 or fail to renew the franchise agreement with the dealer at
28 least 15 days before the effective date thereof, specifying
29 the grounds for such action. A motor vehicle dealer receiving
30 such notice may file a petition or complaint for determination
31 of whether in fact there has been an abandonment of the
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1 franchise.
2 (6) If the complainant motor vehicle dealer prevails,
3 he or she shall have a cause of action against the licensee
4 for reasonable attorneys' fees and costs incurred by him or
5 her in such proceeding, and he or she shall have a cause of
6 action under s. 320.697.
7 (7) Except as provided in s. 320.643, no replacement
8 motor vehicle dealer shall be named for this point or location
9 to engage in business and the franchise agreement shall remain
10 in effect until a final judgment is entered after all appeals
11 are exhausted, provided that, when a motor vehicle dealer
12 appeals a decision upholding a discontinuation, cancellation,
13 or nonrenewal based upon abandonment or revocation of the
14 dealer's license pursuant to s. 320.27, as lawful reasons for
15 such discontinuation, cancellation, or nonrenewal, the
16 franchise agreement shall remain in effect pending exhaustion
17 of all appeals only if the motor vehicle dealer establishes a
18 likelihood of success on appeal and that the public interest
19 will not be harmed by keeping the franchise agreement in
20 effect pending entry of final judgment after such appeal.
21 prior to the final adjudication by the department on the
22 petition or complaint and the exhaustion of all appellate
23 remedies by the canceled or discontinued dealer, if a stay is
24 issued by either the department or an appellate court.
25 (8) If a transfer is proposed pursuant to s.
26 320.643(1) or (2) after a notice of intent to discontinue,
27 cancel, or not renew a franchise agreement is received but,
28 prior to the final determination, including exhaustion of all
29 appellate remedies of a motor vehicle dealer's complaint or
30 petition contesting such action, the termination proceedings
31 shall be stayed, without bond, during the period that the
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1 transfer is being reviewed by the licensee pursuant to s.
2 320.643. During the period that the transfer is being
3 reviewed by the licensee, pursuant to s. 320.643, the
4 franchise agreement shall remain in full force and effect, and
5 the motor vehicle dealer shall retain all rights and remedies
6 pursuant to the terms and conditions of the franchise
7 agreement and applicable law, including all rights of transfer
8 until such time as the licensee has accepted or rejected the
9 proposed tranfer. If the proposed transfer is rejected, the
10 motor vehicle dealer shall retain all of its rights pursuant
11 to s. 320.643 to an administrative determination as to whether
12 the licensee's rejection is in compliance with the provisions
13 of s. 320.643, and during the pendency of any such
14 administrative proceeding, and any related appellate
15 proceedings, the termination proceedings shall remain stayed
16 without bond, the franchise agreement shall remain in full
17 force and effect and the motor vehicle dealer shall retain all
18 rights and remedies pursuant to the terms and conditions of
19 the franchise agreement and applicable law, including all
20 rights of transfer. If a transfer is approved by the licensee
21 or mandated by law, the termination proceedings shall be
22 dismissed with prejudice as moot. This subsection applies
23 only to the first two proposed transfers pursuant to s.
24 320.643(1) or (2) after notice of intent to discontinue,
25 cancel, or not renew is received.
26 Section 43. Section 320.643, Florida Statutes, is
27 amended to read:
28 320.643 Transfer, assignment, or sale of franchise
29 agreements.--
30 (1) A motor vehicle dealer shall not transfer, assign,
31 or sell a franchise agreement to another person unless the
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1 dealer first notifies the licensee of the dealer's decision to
2 make such transfer, by written notice setting forth the
3 prospective transferee's name, address, financial
4 qualification, and business experience during the previous 5
5 years. The licensee shall, in writing, within 60 days after
6 receipt of such notice, inform the dealer either of the
7 licensee's approval of the transfer, assignment, or sale or of
8 the unacceptability of the proposed transferee, setting forth
9 the material reasons for the rejection. If the licensee does
10 not so inform the dealer within the 60-day period, its
11 approval of the proposed transfer is deemed granted. No such
12 transfer, assignment, or sale will be valid unless the
13 transferee agrees in writing to comply with all requirements
14 of the franchise then in effect. Notwithstanding the terms of
15 any franchise agreement, the acceptance by the licensee of the
16 proposed transferee shall not be unreasonably withheld. For
17 the purposes of this section, the refusal by the licensee to
18 accept a proposed transferee who is of good moral character
19 and who otherwise meets the written, reasonable, and uniformly
20 applied standards or qualifications, if any, of the licensee
21 relating to financial qualifications of the transferee and the
22 business experience of the transferee or the transferee's
23 executive management required by the licensee of its motor
24 vehicle dealers is presumed to be unreasonable. A motor
25 vehicle dealer whose proposed sale is rejected licensee who
26 receives such notice may, within 60 days following such
27 receipt of such rejection, file with the department a verified
28 complaint for a determination that the proposed transferee has
29 been rejected in violation of is not a person qualified to be
30 a transferee under this section. The licensee has the burden
31 of proof with respect to all issues raised by such verified
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1 complaint. The department shall determine, and enter an order
2 providing, that the proposed transferee is either qualified or
3 is not and cannot be qualified for specified reasons, or the
4 order may provide the conditions under which a proposed
5 transferee would be qualified. If the licensee fails to file
6 such a response to the motor vehicle dealer's verified
7 complaint within 30 days after receipt of the complaint,
8 unless the parties agree in writing to an extension, such
9 60-day period or if the department, after a hearing, dismisses
10 the complaint or renders a decision other than one
11 disqualifying the proposed transferee, the franchise agreement
12 between the motor vehicle dealer and the licensee shall be
13 deemed amended to incorporate such transfer or amended in
14 accordance with the determination and order rendered,
15 effective upon compliance by the proposed transferee with any
16 conditions set forth in the determination or order.
17 (2)(a) Notwithstanding the terms of any franchise
18 agreement, a licensee shall not, by contract or otherwise,
19 fail or refuse to give effect to, prevent, prohibit, or
20 penalize, or attempt to refuse to give effect to, prevent,
21 prohibit, or penalize, any motor vehicle dealer or any
22 proprietor, partner, stockholder, owner, or other person who
23 holds or otherwise owns an interest therein from selling,
24 assigning, transferring, alienating, or otherwise disposing
25 of, in whole or in part, the equity interest of any of them in
26 such motor vehicle dealer to any other person or persons,
27 including a corporation established or existing for the
28 purpose of owning or holding the stock or ownership interests
29 of other entities, unless the licensee proves at a hearing
30 pursuant to this section that such sale, transfer, alienation,
31 or other disposition is to a person who is not, or whose
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1 controlling executive management is not, of good moral
2 character. A motor vehicle dealer, or any proprietor,
3 partner, stockholder, owner, or other person who holds or
4 otherwise owns an interest in the motor vehicle dealer, who
5 desires to sell, assign, transfer, alienate, or otherwise
6 dispose of any interest in such motor vehicle dealer shall
7 notify, or cause the proposed transferee to so notify, the
8 licensee, in writing, of the identity and address of the
9 proposed transferee. A licensee who receives such notice may,
10 within 60 days following such receipt, notify the motor
11 vehicle dealer in writing file with the department a verified
12 complaint for a determination that the proposed transferee is
13 not a person qualified to be a transferee under this section
14 and setting forth the material reasons for such rejection.
15 Failure of the licensee to notify the motor vehicle dealer
16 within the 60-day period of such rejection shall be deemed an
17 approval of the transfer. Any person whose proposed sale of
18 stock is rejected may file within 60 days of receipt of such
19 rejection a complaint with the Department alleging that the
20 rejection was in violation of the law or the franchise
21 agreement. The licensee has the burden of proof with respect
22 to all issues raised by such verified complaint. The
23 department shall determine, and enter an order providing, that
24 the proposed transferee either is qualified or is not and
25 cannot be qualified for specified reasons; or the order may
26 provide the conditions under which a proposed transferee would
27 be qualified. If the licensee fails to file a response to the
28 motor vehicle dealer's complaint within 30 days of receipt of
29 the complaint, unless the parties agree in writing to an
30 extension, or if the licensee fails to file such verified
31 complaint within such 60-day period or if the department,
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1 after a hearing, dismisses the complaint or renders a decision
2 on the complaint other than one disqualifying the proposed
3 transferee, the transfer shall be deemed approved franchise
4 agreement between the motor vehicle dealer and the licensee
5 shall be deemed amended to incorporate such transfer or
6 amended in accordance with the determination and order
7 rendered, effective upon compliance by the proposed transferee
8 with any conditions set forth in the determination or order.
9 (b) During the pendency of any such hearing, the
10 franchise agreement of the motor vehicle dealer shall continue
11 in effect in accordance with its terms. The department shall
12 expedite any determination requested under this section.
13 (3) Notwithstanding the terms of any franchise
14 agreement, the acceptance by the licensee of the proposed
15 transferee shall not be unreasonably withheld. For the
16 purposes of this section, the refusal by the licensee to
17 accept a proposed transferee who satisfies the criteria set
18 forth in subsection (1) or (2) is presumed to be unreasonable.
19 Section 44. Section 320.645, Florida Statutes, is
20 amended to read:
21 320.645 Restriction upon ownership of dealership by
22 licensee.--
23 (1) No licensee, including a manufacturer or agent of
24 a manufacturer, or any parent, subsidiary, common entity, or
25 officer or representative of the licensee shall own or
26 operate, either directly or indirectly, a motor vehicle
27 dealership in this state for the sale or service of motor
28 vehicles which have been or are offered for sale under a
29 franchise agreement with a motor vehicle dealer in this state.
30 A licensee may not be issued a motor vehicle dealer license
31 pursuant to s. 320.27. However, no such licensee will be
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1 deemed to be in violation of this section:
2 (a) When operating a motor vehicle dealership for a
3 temporary period, not to exceed 1 year, during the transition
4 from one owner of the motor vehicle dealership to another;
5 (b) When operating a motor vehicle dealership
6 temporarily for a reasonable period for the exclusive purpose
7 of broadening the diversity of its dealer body and enhancing
8 opportunities for qualified persons who are part of a group
9 that has historically been underrepresented in its dealer
10 body, or for other qualified persons who the licensee deems
11 lack the resources to purchase or capitalize the dealership
12 outright, not to exceed 1 year, or in a bona fide relationship
13 with an independent person, other than a licensee or its agent
14 or affiliate, who has made a significant investment that is
15 subject to loss in the dealership within the dealership's
16 first year of operation and who can reasonably expect to
17 acquire full ownership of the dealership on reasonable terms
18 and conditions; or
19 (c) If the department determines, after a hearing on
20 the matter, pursuant to chapter 120, at the request of any
21 person, that there is no independent person available in the
22 community or territory to own and operate the motor vehicle
23 dealership in a manner consistent with the public interest.
24
25 In any such case, the licensee must continue to make the motor
26 vehicle dealership available for sale to an independent person
27 at a fair and reasonable price. Approval of the sale of such a
28 motor vehicle dealership to a proposed motor vehicle dealer
29 shall not be unreasonably withheld.
30 (2) As used in this section, the term:
31 (a) "Independent person" is a person who is not an
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1 officer, director, or employee of the licensee.
2 (b) "Reasonable terms and conditions" requires that
3 profits from the dealership are reasonably expected to be
4 sufficient to allow full ownership of the dealership by the
5 independent person within a reasonable time period not to
6 exceed 10 years, which time period may be extended if there is
7 a reasonable basis to do so and is not being sought to evade
8 the purpose of this section; that the independent person has
9 sufficient control to permit acquisition of ownership; and
10 that the relationship cannot be terminated solely to avoid
11 full ownership. The terms and conditions are not reasonable
12 if they preclude the independent person from an expedited
13 purchase of the dealership using a monetary source other than
14 profits from the dealership's operation; provided, however,
15 that the independent person must pay or make an agreement to
16 pay to the licensee any and all reasonable prepayment charges
17 and costs, including all unrecouped restored losses,
18 associated with the expedited purchase of the dealership. For
19 the purpose of this section, unrecouped restored losses are
20 monies that the manufacturer has provided to the dealership to
21 restore losses of the dealership that the manufacturer has not
22 been paid back through profits of the dealership.
23 (c) "Significant investment" means a reasonable
24 amount, considering the reasonable capital requirements of the
25 dealership, acquired and obtained from sources other than the
26 licensee or any of its affiliates and not encumbered by the
27 person's interest in the dealership.
28 (3) Nothing in this section shall prohibit, limit,
29 restrict, or impose conditions on:
30 (a) The business activities, including, without
31 limitation, the dealings with motor vehicle manufacturers and
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1 their representatives and affiliates, of any person that is
2 primarily engaged in the business of short term not to exceed
3 12 months rental of motor vehicles and industrial and
4 construction equipment and activities incidental to that
5 business, provided that:
6 1. Any motor vehicles sold by such person are limited
7 to used motor vehicles that have been previously used
8 exclusively and regularly by such person in the conduct of its
9 rental business and used motor vehicles traded in on motor
10 vehicles sold by such person;
11 2. Warranty repairs performed under any manufacturer's
12 new vehicle warranty by such person on motor vehicles are
13 limited to those motor vehicles that it owns. As to
14 previously owned vehicles, warranty repairs can be performed
15 only if pursuant to a motor vehicle service agreement as
16 defined in chapter 634, part I, issued by such person or an
17 express warranty issued by such person on the retail sale of
18 those vehicles previously owned; and
19 3. Motor vehicle financing provided by such person to
20 retail consumers for motor vehicles is limited to used motor
21 vehicles sold by such person in the conduct of its business;
22 or
23 (b) The direct or indirect ownership, affiliation or
24 control of a person described in paragraph (a) of this
25 subsection.
26 (4) This section does not apply to any dealership that
27 is owned, controlled, or operated by a licensee on July 1,
28 2000.
29 (2) This section shall not be construed to prohibit
30 any licensee from owning or operating a motor vehicle
31 dealership in this state if such dealership was owned or
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1 operated by the licensee on May 31, 1984.
2 Section 45. Subsection (2) of section 320.699, Florida
3 Statutes, is amended to read:
4 320.699 Administrative hearings and adjudications;
5 procedure.--
6 (2) If a written objection or notice of protest is
7 filed with the department under paragraph (1)(b), a hearing
8 shall be held not sooner than 180 days nor later than 240 days
9 from within 180 days of the date of filing of the first
10 objection or notice of protest, unless the time is extended by
11 the Administrative Law Judge for good cause shown. This
12 subsection shall govern the schedule of hearings in lieu of
13 any other provision of law with respect to administrative
14 hearings conducted by the Department of Highway Safety and
15 Motor Vehicles or the Division of Administrative Hearings,
16 including performance standards of state agencies, which may
17 be included in current and future appropriations acts. hearing
18 officer for good cause shown. If a hearing is not scheduled
19 within said time, any party may request such hearing which
20 shall be held forthwith by the hearing officer.
21 Section 46. Section 320.6991, Florida Statutes, is
22 created to read:
23 Section 320.6991 Severability.--If a provision of ss.
24 320.60-320.70 or its application to any person or circumstance
25 is held invalid, the invalidity does not affect other
26 provisions or applications of ss. 320.60-320.70 that can be
27 given effect without the invalid provision or application, and
28 to this end the provisions of 320.60-320.70 are severable.
29 Section 47. Section 320.691, Florida Statutes, is
30 created to read:
31 320.691 Automobile Dealers Industry Advisory Board.--
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1 (1) AUTOMOBILE DEALERS INDUSTRY ADVISORY BOARD.--The
2 Automobile Dealers Industry Advisory Board is created within
3 the Department of Highway Safety and Motor Vehicles. The board
4 shall make recommendations on proposed legislation, make
5 recommendations on proposed rules and procedures, present
6 licensed motor vehicle dealer industry issues to the
7 department for its consideration, consider any matters
8 relating to the motor vehicle industry presented to it by the
9 department, and submit an annual report to the Executive
10 Director of the department and file copies with the Governor,
11 President of the Senate, and the Speaker of the House of
12 Representatives.
13 (2) MEMBERSHIP, TERMS, MEETINGS.--
14 (a) The board shall be composed of 12 members. The
15 Executive Director of the Department of Highway Safety and
16 Motor Vehicles shall appoint the members from names submitted
17 by the entities for the designated categories the member will
18 represent. The Executive Director shall appoint one
19 representative of the Department of Highway Safety and Motor
20 Vehicles, who must represent the Division of Motor Vehicles;
21 two representatives of the independent motor vehicle industry
22 as recommended by the Florida Independent Automobile Dealers
23 Association; two representatives of the franchise motor
24 vehicle industry as recommended by the Florida Automobile
25 Dealers Association; one representative of the auction motor
26 vehicle industry who is from an auction chain and is
27 recommended by a group affiliated with the National Auto
28 Auction Association; one representative of the auction motor
29 vehicle industry who is from an independent auction and is
30 recommended by a group affiliated with the National Auto
31 Auction Association; one representative from the Department of
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1 Revenue; a Florida Tax Collector representative recommended by
2 the Florida Tax Collectors Association; one representative
3 from the Better Business Bureau; one representative from the
4 Department of Agriculture and Consumer Services, who must
5 represent the Division of Consumer Services; and one
6 representative of the insurance industry who writes motor
7 vehicle dealer surety bonds.
8 (b)1. The Executive Director shall appoint the
9 following initial members to 1-year terms: one representative
10 from the motor vehicle auction industry who represents an
11 auction chain, one representative from the independent motor
12 vehicle industry, one representative from the franchise motor
13 vehicle industry, one representative from the Department of
14 Revenue, one Florida Tax Collector, and one representative
15 from the Better Business Bureau.
16 2. The Executive Director shall appoint the following
17 initial members to 2-year terms: one representative from the
18 motor vehicle auction industry who represents an independent
19 auction, one representative from the independent motor vehicle
20 industry, one representative from the franchise motor vehicle
21 industry, one representative from the Division of Consumer
22 Services, one representative from the insurance industry, and
23 one representative from the Division of Motor Vehicles.
24 3. As the initial terms expire, the Executive Director
25 shall appoint successors from the same designated category for
26 terms of 2 years. If renominated, a member may succeed himself
27 or herself.
28 4. The board shall appoint a chair and vice chair at
29 its initial meeting and every 2 years thereafter.
30 (c) The board shall meet at least two times per year.
31 Meetings may be called by the chair of the board or by the
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1 Executive Director of the department. One meeting shall be
2 held in the fall of the year to review legislative proposals.
3 The board shall conduct all meetings in accordance with
4 applicable Florida Statutes and shall keep minutes of all
5 meetings. Meetings may be held in locations around the state
6 in department facilities or in other appropriate locations.
7 (3) PER DIEM, TRAVEL, AND STAFFING.--Members of the
8 board from the private sector are not entitled to per diem or
9 reimbursement for travel expenses. However, members of the
10 board from the public sector are entitled to reimbursement, if
11 any, from their respective agency. Members of the board may
12 request assistance from the Department of Highway Safety and
13 Motor Vehicles as necessary.
14 Section 48. Subsection (26) of section 322.01, Florida
15 Statutes, is amended to read:
16 322.01 Definitions.--As used in this chapter:
17 (26) "Motor vehicle" means any self-propelled vehicle,
18 including a motor vehicle combination, not operated upon rails
19 or guideway, excluding vehicles moved solely by human power,
20 motorized wheelchairs, motorized scooters, and motorized
21 bicycles as defined in s. 316.003.
22 Section 49. Subsections (4) and (5) are added to
23 section 322.0261, Florida Statutes, to read:
24 322.0261 Mandatory driver improvement course; certain
25 crashes.--
26 (4) The Department of Highway Safety and Motor
27 Vehicles shall approve and regulate courses that use
28 technology as the delivery method of all driver improvement
29 schools as the courses relate to this section.
30 (5) In determining whether to approve courses of
31 driver improvement schools that use technology as the delivery
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1 method as the courses relate to this section, the department
2 shall consider only those courses submitted by a person,
3 business, or entity which receive:
4 (a) Approval for statewide delivery.
5 (b) Independent scientific research evidence of course
6 effectiveness.
7 Section 50. Section 322.161, Florida Statutes, is
8 amended to read:
9 322.161 High-risk drivers; restricted licenses.--
10 (1)(a) Notwithstanding any provision of law to the
11 contrary, the department shall restrict the driving privilege
12 of any Class D or Class E licensee who is age 15 through 17
13 and who has accumulated six four or more points pursuant to s.
14 318.14, excluding parking violations, within a 12-month
15 period.
16 (b) Upon determination that any person has accumulated
17 six four or more points, the department shall notify the
18 licensee and issue the licensee a restricted license for
19 business purposes only. The licensee must appear before the
20 department within 10 days after notification to have this
21 restriction applied. The period of restriction shall be for a
22 period of no less than 1 year beginning on the date it is
23 applied by the department.
24 (c) The restriction shall be automatically withdrawn
25 by the department after 1 year if the licensee does not
26 accumulate any additional points. If the licensee accumulates
27 any additional points, then the period of restriction shall be
28 extended 90 days for each point. The restriction shall also
29 be automatically withdrawn upon the licensee's 18th birthday
30 if no other grounds for restriction exist. The licensee must
31 appear before the department to have the restriction removed
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1 and a duplicate license issued.
2 (2)(a) Any Class E licensee who is age 15 through 17
3 and who has accumulated six four or more points pursuant to s.
4 318.14, excluding parking violations, within a 12-month period
5 shall not be eligible to obtain a Class D license for a period
6 of no less than 1 year. The period of ineligibility shall
7 begin on the date of conviction for the violation that results
8 in the licensee's accumulation of six four or more points.
9 (b) The period of ineligibility shall automatically
10 expire after 1 year if the licensee does not accumulate any
11 additional points. If the licensee accumulates any additional
12 points, then the period of ineligibility shall be extended 90
13 days for each point. The period of ineligibility shall also
14 automatically expire upon the licensee's 18th birthday if no
15 other grounds for ineligibility exist.
16 (3) Any action taken by the department pursuant to
17 this section shall not be subject to any formal or informal
18 administrative hearing or similar administrative procedure.
19 (4) The department shall adopt rules to carry out the
20 purposes of this section.
21 Section 51. Subsection (4) of section 322.05, Florida
22 Statutes, is amended to read:
23 322.05 Persons not to be licensed.--The department may
24 not issue a license:
25 (4) Except as provided by this subsection, to any
26 person, as a Class A licensee, Class B licensee, Class C
27 licensee, or Class D licensee, who is under the age of 18
28 years. A person age 16 or 17 years who applies for a Class D
29 driver's license is subject to all the requirements and
30 provisions of ss. 322.05(2)(a) and (b), 322.09, and 322.16(2)
31 and (3). Any person who applies for a Class D driver's license
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1 who is age 16 or 17 years must have had a learner's driver's
2 license or a driver's license for at least 90 days before he
3 or she is eligible to receive a Class D driver's license. The
4 department may require of any such applicant for a Class D
5 driver's license such examination of the qualifications of the
6 applicant as the department considers proper, and the
7 department may limit the use of any license granted as it
8 considers proper.
9 Section 52. Paragraph (b) of subsection (4) and
10 subsections (5), (6), and (7) of section 322.081, Florida
11 Statutes, are amended, and subsection (8) is added to said
12 section, to read:
13 322.081 Requests to establish voluntary check-off
14 checkoff on driver's license application.--
15 (4)
16 (b) The department is authorized to discontinue the
17 voluntary contribution and distribution of associated proceeds
18 if the organization no longer exists, if the organization has
19 stopped providing services that are authorized to be funded
20 from the voluntary contributions, or pursuant to an
21 organizational recipient's request. Organizations are required
22 to notify the department immediately to stop warrants for
23 voluntary check-off contribution, if any of the conditions in
24 this subsection exist, and must meet the requirements of
25 paragraph (5)(b) or paragraph (5)(c), if applicable, for any
26 period of operation during the fiscal year.
27 (5) A voluntary contribution collected and distributed
28 under this chapter, or any interest earned from those
29 contributions, may not be used for commercial or for-profit
30 activities nor for general or administrative expenses, except
31 as authorized by law, or to pay the cost of the audit or
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1 report required by law.
2 (a) All organizations that receive annual use fee
3 proceeds from the department are responsible for ensuring that
4 proceeds are used in accordance with law.
5 (b) All organizational recipients of any voluntary
6 contributions in excess of $15,000, not otherwise subject to
7 annual audit by the Office of the Auditor General, shall
8 submit an annual audit of the expenditures of these
9 contributions and interest earned from these contributions, to
10 determine if expenditures are being made in accordance with
11 the specifications outlined by law. The audit shall be
12 prepared by a certified public accountant licensed under
13 chapter 473 at that organizational recipient's expense. The
14 notes to the financial statements should state whether
15 expenditures were made in accordance with law.
16 (b)(c) Any organization not subject to In lieu of an
17 annual audit pursuant to s. 215.97 shall, any organization
18 receiving less than $15,000 in voluntary contributions
19 directly from the department may annually attest report, under
20 penalties of perjury, that such proceeds were used in
21 compliance with law. The attestation shall be made annually in
22 a form and format determined by the department.
23 (c)(d) Any voluntary contributions authorized by law
24 shall only be distributed to an organization under an
25 appropriation by the Legislature.
26 (d)(e) Any organization subject to audit pursuant to
27 s. 215.97 shall submit an audit report in accordance with
28 rules promulgated by the Auditor General. The annual
29 attestation audit or report must be submitted to the
30 department for review within 9 months 180 days after the end
31 of the organization's fiscal year.
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1 (6) Within 90 days after receiving an organization's
2 audit or attestation report, the department shall determine
3 which recipients have not complied with subsection (5). If
4 the department determines that an organization has not
5 complied or has failed to use the revenues in accordance with
6 law, the department must discontinue the distribution of the
7 revenues to the organization until the department determines
8 that the organization has complied. If an organization fails
9 to comply within 12 months after the voluntary contributions
10 are withheld by the department, the proceeds shall be
11 deposited into the Highway Safety Operating Trust Fund to
12 offset department costs.
13 (7) The Auditor General and the department has have
14 the authority to examine all records pertaining to the use of
15 funds from the voluntary contributions authorized.
16 (8) All organizations seeking to establish a voluntary
17 contribution on a driver's license application that are
18 required to operate under the Solicitation of Contributions
19 Act, as provided in chapter 496, must do so before funds may
20 be distributed.
21 Section 53. Present subsections (2) through (7) of
22 section 322.095, Florida Statutes, are renumbered as
23 subsections (4) through (9), respectively, and new subsections
24 (2) and (3) are added to said section, to read:
25 322.095 Traffic law and substance abuse education
26 program for driver's license applicants.--
27 (2) The Department of Highway Safety and Motor
28 Vehicles shall approve and regulate courses that use
29 technology as the delivery method of all driver improvement
30 schools as the courses relate to this section.
31 (3) In determining whether to approve courses of
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1 driver improvement schools that use technology as the delivery
2 method as the courses relate to this section, for courses
3 submitted on or after July 1, 2001, the department shall
4 consider only those courses submitted by a person, business,
5 or entity which receive:
6 (a) Approval for statewide delivery.
7 (b) Independent scientific research evidence of course
8 effectiveness.
9 Section 54. Section 322.222, Florida Statutes, is
10 created to read:
11 322.222 Right to review.--A driver may request an
12 administrative hearing to review a revocation pursuant to s.
13 322.221(3). The hearing shall be held in accordance with the
14 department's administrative rules that the department shall
15 have promulgated pursuant to chapter 120.
16 Section 55. Subsection (7) of section 322.25, Florida
17 Statutes, is amended to read:
18 322.25 When court to forward license to department and
19 report convictions; temporary reinstatement of driving
20 privileges.--
21 (7) Any licensed driver convicted of driving, or being
22 in the actual physical control of, a vehicle within this state
23 while under the influence of alcoholic beverages, any chemical
24 substance set forth in s. 877.111, or any substance controlled
25 under chapter 893, when affected to the extent that his or her
26 normal faculties are impaired, and whose license and driving
27 privilege have been revoked as provided in subsection (1) may
28 be issued a court order for reinstatement of a driving
29 privilege on a temporary basis; provided that, as a part of
30 the penalty, upon conviction, the defendant is required to
31 enroll in and complete a driver improvement course for the
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1 rehabilitation of drinking drivers and the driver is otherwise
2 eligible for reinstatement of the driving privilege as
3 provided by s. 322.282. The court order for reinstatement
4 shall be on a form provided by the department and must be
5 taken by the person convicted to a Florida driver's license
6 examining office, where a temporary driving permit may be
7 issued. The period of time for which a temporary permit issued
8 in accordance with this subsection is valid shall be deemed to
9 be part of the period of revocation imposed by the court.
10 Section 56. Subsections (1), (3), and (10) of section
11 322.2615, Florida Statutes, are amended to read:
12 322.2615 Suspension of license; right to review.--
13 (1)(a) A law enforcement officer or correctional
14 officer shall, on behalf of the department, suspend the
15 driving privilege of a person who has been arrested by a law
16 enforcement officer for a violation of s. 316.193, relating to
17 unlawful blood-alcohol level or breath-alcohol level, or of a
18 person who has refused to submit to a breath, urine, or blood
19 test authorized by s. 316.1932. The officer shall take the
20 person's driver's license and issue the person a 10-day 30-day
21 temporary permit if the person is otherwise eligible for the
22 driving privilege and shall issue the person a notice of
23 suspension. If a blood test has been administered, the results
24 of which are not available to the officer at the time of the
25 arrest, the agency employing the officer shall transmit such
26 results to the department within 5 days after receipt of the
27 results. If the department then determines that the person
28 was arrested for a violation of s. 316.193 and that the person
29 had a blood-alcohol level or breath-alcohol level of 0.08 or
30 higher, the department shall suspend the person's driver's
31 license pursuant to subsection (3).
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1 (b) The suspension under paragraph (a) shall be
2 pursuant to, and the notice of suspension shall inform the
3 driver of, the following:
4 1.a. The driver refused to submit to a lawful breath,
5 blood, or urine test and his or her driving privilege is
6 suspended for a period of 1 year for a first refusal or for a
7 period of 18 months if his or her driving privilege has been
8 previously suspended as a result of a refusal to submit to
9 such a test; or
10 b. The driver violated s. 316.193 by driving with an
11 unlawful blood-alcohol level as provided in that section and
12 his or her driving privilege is suspended for a period of 6
13 months for a first offense or for a period of 1 year if his or
14 her driving privilege has been previously suspended for a
15 violation of s. 316.193.
16 2. The suspension period shall commence on the date of
17 arrest or issuance of the notice of suspension, whichever is
18 later.
19 3. The driver may request a formal or informal review
20 of the suspension by the department within 10 days after the
21 date of arrest or issuance of the notice of suspension,
22 whichever is later.
23 4. The temporary permit issued at the time of arrest
24 will expire at midnight of the 10th 30th day following the
25 date of arrest or issuance of the notice of suspension,
26 whichever is later.
27 5. The driver may submit to the department any
28 materials relevant to the arrest.
29 (3) If the department determines that the license of
30 the person arrested should be suspended pursuant to this
31 section and if the notice of suspension has not already been
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1 served upon the person by a law enforcement officer or
2 correctional officer as provided in subsection (1), the
3 department shall issue a notice of suspension and, unless the
4 notice is mailed pursuant to s. 322.251, a temporary permit
5 which expires 10 30 days after the date of issuance if the
6 driver is otherwise eligible.
7 (10) A person whose driver's license is suspended
8 under subsection (1) or subsection (3) may apply for issuance
9 of a license for business or employment purposes only if the
10 person is otherwise eligible for the driving privilege
11 pursuant to s. 322.271.
12 (a) If the suspension of the driver's license of the
13 person for failure to submit to a breath, urine, or blood test
14 is sustained, the person is not eligible to receive a license
15 for business or employment purposes only, pursuant to s.
16 322.271, until 90 days have elapsed after the expiration of
17 the last temporary permit issued. If the driver is not issued
18 a 10-day 30-day permit pursuant to this section or s. 322.64
19 because he or she is ineligible for the permit and the
20 suspension for failure to submit to a breath, urine, or blood
21 test is not invalidated by the department, the driver is not
22 eligible to receive a business or employment license pursuant
23 to s. 322.271 until 90 days have elapsed from the date of the
24 suspension.
25 (b) If the suspension of the driver's license of the
26 person arrested for a violation of s. 316.193, relating to
27 unlawful blood-alcohol level, is sustained, the person is not
28 eligible to receive a license for business or employment
29 purposes only pursuant to s. 322.271 until 30 days have
30 elapsed after the expiration of the last temporary permit
31 issued. If the driver is not issued a 10-day 30-day permit
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1 pursuant to this section or s. 322.64 because he or she is
2 ineligible for the permit and the suspension for a violation
3 of s. 316.193, relating to unlawful blood-alcohol level, is
4 not invalidated by the department, the driver is not eligible
5 to receive a business or employment license pursuant to s.
6 322.271 until 30 days have elapsed from the date of the
7 arrest.
8 Section 57. Subsection (5) of section 322.27, Florida
9 Statutes, is amended to read:
10 322.27 Authority of department to suspend or revoke
11 license.--
12 (5) The department shall revoke the license of any
13 person designated a habitual offender, as set forth in s.
14 322.264, and such person shall not be eligible to be
15 relicensed for a minimum of 5 years from the date of
16 revocation, except as provided for in s. 322.271. Any person
17 whose license is revoked may, by petition to the department,
18 show cause why his or her license should not be revoked.
19 Section 58. Subsection (2) of section 322.28, Florida
20 Statutes, is amended to read:
21 322.28 Period of suspension or revocation.--
22 (2) In a prosecution for a violation of s. 316.193 or
23 former s. 316.1931, the following provisions apply:
24 (a) Upon conviction of the driver, the court, along
25 with imposing sentence, shall revoke the driver's license or
26 driving privilege of the person so convicted, effective on the
27 date of conviction, and shall prescribe the period of such
28 revocation in accordance with the following provisions:
29 1. Upon a first conviction for a violation of the
30 provisions of s. 316.193, except a violation resulting in
31 death, the driver's license or driving privilege shall be
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1 revoked for not less than 180 days or more than 1 year.
2 2. Upon a second conviction within a period of 5 years
3 from the date of a prior conviction for a violation of the
4 provisions of s. 316.193 or former s. 316.1931 or a
5 combination of such sections, the driver's license or driving
6 privilege shall be revoked for not less than 5 years.
7 3. Upon a third conviction within a period of 10 years
8 from the date of conviction of the first of three or more
9 convictions for the violation of the provisions of s. 316.193
10 or former s. 316.1931 or a combination of such sections, the
11 driver's license or driving privilege shall be revoked for not
12 less than 10 years.
13
14 For the purposes of this paragraph, a previous conviction
15 outside this state for driving under the influence, driving
16 while intoxicated, driving with an unlawful blood-alcohol
17 level, or any other alcohol-related or drug-related traffic
18 offense similar to the offense of driving under the influence
19 as proscribed by s. 316.193 will be considered a previous
20 conviction for violation of s. 316.193, and a conviction for
21 violation of former s. 316.028, former s. 316.1931, or former
22 s. 860.01 is considered a conviction for violation of s.
23 316.193.
24 (b) If the period of revocation was not specified by
25 the court at the time of imposing sentence or within 30 days
26 thereafter, and is not otherwise specified by law, the
27 department shall forthwith revoke the driver's license or
28 driving privilege for the maximum period applicable under
29 paragraph (a) for a first conviction and for the minimum
30 period applicable under paragraph (a) for any subsequent
31 convictions. The driver may, within 30 days after such
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1 revocation by the department, petition the court for further
2 hearing on the period of revocation, and the court may reopen
3 the case and determine the period of revocation within the
4 limits specified in paragraph (a).
5 (c) The forfeiture of bail bond, not vacated within 20
6 days, in any prosecution for the offense of driving while
7 under the influence of alcoholic beverages, chemical
8 substances, or controlled substances to the extent of
9 depriving the defendant of his or her normal faculties shall
10 be deemed equivalent to a conviction for the purposes of this
11 paragraph, and the department shall forthwith revoke the
12 defendant's driver's license or driving privilege for the
13 maximum period applicable under paragraph (a) for a first
14 conviction and for the minimum period applicable under
15 paragraph (a) for a second or subsequent conviction; however,
16 if the defendant is later convicted of the charge, the period
17 of revocation imposed by the department for such conviction
18 shall not exceed the difference between the applicable maximum
19 for a first conviction or minimum for a second or subsequent
20 conviction and the revocation period under this subsection
21 that has actually elapsed; upon conviction of such charge, the
22 court may impose revocation for a period of time as specified
23 in paragraph (a). This paragraph does not apply if an
24 appropriate motion contesting the forfeiture is filed within
25 the 20-day period.
26 (d) When any driver's license or driving privilege has
27 been revoked pursuant to the provisions of this section, the
28 department shall not grant a new license, except upon
29 reexamination of the licensee after the expiration of the
30 period of revocation so prescribed. However, the court may,
31 in its sound discretion, issue an order of reinstatement on a
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1 form furnished by the department which the person may take to
2 any driver's license examining office for reinstatement by the
3 department pursuant to s. 322.282.
4 (d)(e) The court shall permanently revoke the driver's
5 license or driving privilege of a person who has been
6 convicted four times for violation of s. 316.193 or former s.
7 316.1931 or a combination of such sections. The court shall
8 permanently revoke the driver's license or driving privilege
9 of any person who has been convicted of DUI manslaughter in
10 violation of s. 316.193. If the court has not permanently
11 revoked such driver's license or driving privilege within 30
12 days after imposing sentence, the department shall permanently
13 revoke the driver's license or driving privilege pursuant to
14 this paragraph. No driver's license or driving privilege may
15 be issued or granted to any such person. This paragraph
16 applies only if at least one of the convictions for violation
17 of s. 316.193 or former s. 316.1931 was for a violation that
18 occurred after July 1, 1982. For the purposes of this
19 paragraph, a conviction for violation of former s. 316.028,
20 former s. 316.1931, or former s. 860.01 is also considered a
21 conviction for violation of s. 316.193. Also, a conviction of
22 driving under the influence, driving while intoxicated,
23 driving with an unlawful blood-alcohol level, or any other
24 similar alcohol-related or drug-related traffic offense
25 outside this state is considered a conviction for the purposes
26 of this paragraph.
27 Section 59. Section 322.282, Florida Statutes, is
28 repealed.
29 Section 60. Subsection (3) is added to section
30 322.292, Florida Statutes, to read:
31 322.292 DUI programs supervision; powers and duties of
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1 the department.--
2 (3) DUI programs shall be either governmental programs
3 or not-for-profit corporations.
4 Section 61. Section 322.331, Florida Statutes, is
5 repealed.
6 Section 62. Subsections (8), (9), and (10) are added
7 to section 322.61, Florida Statutes, to read:
8 322.61 Disqualification from operating a commercial
9 motor vehicle.--
10 (8) A driver who is convicted of or otherwise found to
11 have committed a violation of an out-of-service order while
12 driving a commercial motor vehicle is disqualified as follows:
13 (a) Not less than 90 days nor more than 1 year if the
14 driver is convicted of or otherwise found to have committed a
15 first violation of an out-of-service order.
16 (b) Not less than 1 year nor more than 5 years if,
17 during any 10-year period, the driver is convicted of or
18 otherwise found to have committed two violations of
19 out-of-service orders in separate incidents.
20 (c) Not less than 3 years nor more than 5 years if,
21 during any 10-year period, the driver is convicted of or
22 otherwise found to have committed three or more violations of
23 out-of-service orders in separate incidents.
24 (d) Not less than 180 days nor more than 2 years if
25 the driver is convicted of or otherwise found to have
26 committed a first violation of an out-of-service order while
27 transporting hazardous materials required to be placarded
28 under the Hazardous Materials Transportation Act, 49 U.S.C.
29 5101 et seq., or while operating motor vehicles designed to
30 transport more than 15 passengers, including the driver. A
31 driver is disqualified for a period of not less than 3 years
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1 nor more than 5 years if, during any 10-year period, the
2 driver is convicted of or otherwise found to have committed
3 any subsequent violations of out-of-service orders, in
4 separate incidents, while transporting hazardous materials
5 required to be placarded under the Hazardous Materials
6 Transportation Act 49 U.S.C. 5101 et seq., or while operating
7 motor vehicles designed to transport more than 15 passengers,
8 including the driver.
9 (9) A driver who is convicted of or otherwise found to
10 have committed an offense of operating a CMV in violation of
11 federal, state, or local law or regulation pertaining to one
12 of the following six offenses at a railroad-highway grade
13 crossing must be disqualified for the period of time specified
14 in subsection (10):
15 (a) For drivers who are not always required to stop,
16 failing to slow down and check that the tracks are clear of
17 approaching trains.
18 (b) For drivers who are not always required to stop,
19 failing to stop before reaching the crossing if the tracks are
20 not clear.
21 (c) For drivers who are always required to stop,
22 failing to stop before driving onto the crossing.
23 (d) For all drivers, failing to have sufficient space
24 to drive completely through the crossing without stopping.
25 (e) For all drivers, failing to obey a traffic control
26 device or all directions of an enforcement official at the
27 crossing.
28 (f) For all drivers, failing to negotiate a crossing
29 because of insufficient undercarriage clearance.
30 (10)(a) A driver must be disqualified for not less
31 than 60 days if the driver is convicted of or otherwise found
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1 to have committed a first violation of a railroad-highway
2 grade crossing violation.
3 (b) A driver must be disqualified for not less than
4 120 days if, during any 3-year period, the driver is convicted
5 of or otherwise found to have committed a second
6 railroad-highway grade crossing violation in separate
7 incidents.
8 (c) A driver must be disqualified for not less than 1
9 year if, during any 3-year period, the driver is convicted of
10 or otherwise found to have committed a third or subsequent
11 railroad-highway grade crossing violation in separate
12 incidents.
13 Section 63. Subsections (1) and (3) of section 322.64,
14 Florida Statutes, are amended to read:
15 322.64 Holder of commercial driver's license; driving
16 with unlawful blood-alcohol level; refusal to submit to
17 breath, urine, or blood test.--
18 (1)(a) A law enforcement officer or correctional
19 officer shall, on behalf of the department, disqualify from
20 operating any commercial motor vehicle a person who while
21 operating or in actual physical control of a commercial motor
22 vehicle is arrested for a violation of s. 316.193, relating to
23 unlawful blood-alcohol level or breath-alcohol level, or a
24 person who has refused to submit to a breath, urine, or blood
25 test authorized by s. 322.63 arising out of the operation or
26 actual physical control of a commercial motor vehicle. Upon
27 disqualification of the person, the officer shall take the
28 person's driver's license and issue the person a 10-day 30-day
29 temporary permit if the person is otherwise eligible for the
30 driving privilege and shall issue the person a notice of
31 disqualification. If the person has been given a blood,
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1 breath, or urine test, the results of which are not available
2 to the officer at the time of the arrest, the agency employing
3 the officer shall transmit such results to the department
4 within 5 days after receipt of the results. If the department
5 then determines that the person was arrested for a violation
6 of s. 316.193 and that the person had a blood-alcohol level or
7 breath-alcohol level of 0.08 or higher, the department shall
8 disqualify the person from operating a commercial motor
9 vehicle pursuant to subsection (3).
10 (b) The disqualification under paragraph (a) shall be
11 pursuant to, and the notice of disqualification shall inform
12 the driver of, the following:
13 1.a. The driver refused to submit to a lawful breath,
14 blood, or urine test and he or she is disqualified from
15 operating a commercial motor vehicle for a period of 1 year,
16 for a first refusal, or permanently, if he or she has
17 previously been disqualified as a result of a refusal to
18 submit to such a test; or
19 b. The driver violated s. 316.193 by driving with an
20 unlawful blood-alcohol level and he or she is disqualified
21 from operating a commercial motor vehicle for a period of 6
22 months for a first offense or for a period of 1 year if he or
23 she has previously been disqualified, or his or her driving
24 privilege has been previously suspended, for a violation of s.
25 316.193.
26 2. The disqualification period shall commence on the
27 date of arrest or issuance of notice of disqualification,
28 whichever is later.
29 3. The driver may request a formal or informal review
30 of the disqualification by the department within 10 days after
31 the date of arrest or issuance of notice of disqualification,
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1 whichever is later.
2 4. The temporary permit issued at the time of arrest
3 or disqualification will expire at midnight of the 10th 30th
4 day following the date of disqualification.
5 5. The driver may submit to the department any
6 materials relevant to the arrest.
7 (3) If the department determines that the person
8 arrested should be disqualified from operating a commercial
9 motor vehicle pursuant to this section and if the notice of
10 disqualification has not already been served upon the person
11 by a law enforcement officer or correctional officer as
12 provided in subsection (1), the department shall issue a
13 notice of disqualification and, unless the notice is mailed
14 pursuant to s. 322.251, a temporary permit which expires 10 30
15 days after the date of issuance if the driver is otherwise
16 eligible.
17 Section 64. Driver Licensing Study Commission
18 created.--
19 (1) The Driver Licensing Study Commission is created
20 within the Department of Highway Safety and Motor
21 Vehicles. The commission shall consist of eight members, to
22 be appointed as follows:
23 (a) The Speaker of the House of Representatives shall
24 appoint two members, at least one of whom must have business
25 managerial experience in the private sector.
26 (b) The President of the Senate shall appoint two
27 members, at least one of whom must have business managerial
28 experience in the private sector.
29 (c) The Governor shall appoint three members, at least
30 one of whom must have information technology experience
31 relating to systems utilizing complex databases.
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1 (d) The Executive Director of the Department of
2 Highway Safety and Motor Vehicles shall serve as an ex
3 officio, nonvoting member of the commission.
4 (2) The commission shall elect a chair and a vice
5 chair from its membership at its first meeting.
6 (3) The commission shall be appointed no later than
7 June 15, 2001, and its first meeting shall be held no later
8 than July 15, 2001. The commission shall meet periodically at
9 the request of the chair.
10 (3) Members of the commission shall serve without
11 compensation, except for per diem and reimbursement for travel
12 expenses as provided by s. 112.061, Florida Statutes.
13 (4) A vacancy in the commission shall be filled within
14 30 days after its occurrence in the same manner as the
15 original appointment.
16 (5) The Department of Highway Safety and Motor
17 Vehicles shall serve as primary staff to the commission,
18 providing technical and administrative assistance and ensuring
19 that commission meetings are electronically recorded. Such
20 recordings shall be preserved pursuant to chs. 119 and 257,
21 Florida Statutes.
22 (6) The commission shall study and make
23 recommendations on the feasibility of using privatization,
24 outsourcing, and public-private partnership techniques in the
25 delivery of driver's license services. The commission shall
26 review local government driver's licensing programs and shall
27 review results available from driver's licensing privatization
28 pilot projects in the state. The study shall address the
29 following issues:
30 (a) Identification of functions that are appropriate
31 for privatization or outsourcing and functions for which the
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1 public sector should maintain direct control.
2 (b) Technology and re-engineering of business
3 processes to achieve greater efficiencies, ultimately
4 resulting in cost reduction.
5 (c) The format and type of necessary procurement
6 procedures and oversight and audit mechanisms to protect the
7 interests of the State of Florida in dealings with private
8 service providers.
9 (d) Contractual controls to ensure appropriate service
10 delivery and customer satisfaction levels.
11 (e) Safeguards for control of personal information.
12 (f) Ways to encourage the use of alternative service
13 delivery options.
14 (g) Service center size and location to ensure that
15 the public is best served.
16 (h) Issues related to utilization and placement of
17 current public driver's license employees in public-private
18 licensing enterprises.
19 (i) Any other issues the commission deems relevant to
20 the privatization of drivers licensing functions.
21 (7) The commission shall prepare an initial report of
22 its findings and recommendations on the issues listed in
23 subsection (6) and shall submit the report to the Governor,
24 the Speaker of the House of Representatives, and the President
25 of the Senate on or before January 1, 2002. The commission
26 shall prepare a final report of its findings and
27 recommendations, taking into consideration the results of any
28 pilot projects for delivery of driver's license services, and
29 shall submit the report to the Governor, the Speaker of the
30 House of Representatives, and the President of the Senate on
31 or before January 1, 2003. The commission is dissolved at the
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1 time it submits its final report.
2 Section 65. There is appropriated from the Highway
3 Safety Operating Trust Fund to the Driver Licensing Study
4 Commission the sum of $100,000 for the purpose of conducting
5 the study required in this act.
6 Section 66. Section 324.091, Florida Statutes, is
7 amended to read:
8 324.091 Notice to department; notice to insurer.--
9 (1) Each owner and operator involved in a crash or
10 conviction case within the purview of this chapter shall
11 furnish evidence of automobile liability insurance, motor
12 vehicle liability insurance, or surety bond within 30 days
13 from the date of the mailing of notice of crash by the
14 department in such form and manner as it may designate. Upon
15 receipt of evidence that an automobile liability policy, motor
16 vehicle liability policy, or surety bond was in effect at the
17 time of the crash or conviction case, the department shall
18 forward by United States mail, postage prepaid, to the insurer
19 or surety insurer a copy of such information and shall assume
20 that such policy or bond was in effect unless the insurer or
21 surety insurer shall notify the department otherwise within 20
22 days from the mailing of the notice to the insurer or surety
23 insurer; provided that if the department shall later ascertain
24 that an automobile liability policy, motor vehicle liability
25 policy, or surety bond was not in effect and did not provide
26 coverage for both the owner and the operator, it shall at such
27 time take such action as it is otherwise authorized to do
28 under this chapter. Proof of mailing to the insurer or surety
29 insurer may be made by the department by naming the insurer or
30 surety insurer to whom such mailing was made and specifying
31 the time, place and manner of mailing.
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1 (2) Each insurer doing business in this state shall
2 immediately give notice to the department of each motor
3 vehicle liability policy when issued to effect the return of a
4 license which has been suspended under s. 324.051(2); and said
5 notice shall be upon such form and in such manner as the
6 department may designate.
7 (3) Electronic access to the vehicle insurer
8 information maintained in the department's vehicle database
9 may be provided by an approved third-party provider to
10 insurers, lawyers, and financial institutions in compliance
11 with s. 627.736(9)(a) and for subrogation and claims purposes
12 only. The compilation and retention of this information is
13 strictly prohibited.
14 Section 67. Paragraph (b) of subsection (3) of section
15 328.01, Florida Statutes, is amended to read:
16 328.01 Application for certificate of title.--
17 (3)
18 (b) If the application for transfer of title is based
19 upon a contractual default, the recorded lienholder shall
20 establish proof of right to ownership by submitting with the
21 application the original certificate of title and a copy of
22 the applicable contract upon which the claim of ownership is
23 made. If the claim is based upon a court order or judgment, a
24 copy of such document shall accompany the application for
25 transfer of title. If, on the basis of departmental records,
26 there appears to be any other lien on the vessel, the
27 certificate of title must contain a statement of such a lien,
28 unless the application for a certificate of title is either
29 accompanied by proper evidence of the satisfaction or
30 extinction of the lien or contains a statement certifying that
31 any lienholder named on the last-issued certificate of title
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1 has been sent notice by certified mail, at least 5 days before
2 the application was filed, of the applicant's intention to
3 seek a repossessed title. If such notice is given and no
4 written protest to the department is presented by a subsequent
5 lienholder within 15 days after the date on which the notice
6 was mailed, the certificate of title shall be issued showing
7 no liens. If the former owner or any subsequent lienholder
8 files a written protest under oath within the 15-day period,
9 the department shall not issue the repossessed certificate for
10 10 days thereafter. If, within the 10-day period, no
11 injunction or other order of a court of competent jurisdiction
12 has been served on the department commanding it not to deliver
13 the certificate, the department shall deliver the repossessed
14 certificate to the applicant, or as is otherwise directed in
15 the application, showing no other liens than those shown in
16 the application.
17
18 The department shall adopt suitable language that must appear
19 upon the certificate of title to effectuate the manner in
20 which the interest in or title to the vessel is held.
21 Section 68. Subsection (2) of section 328.42, Florida
22 Statutes, is amended to read:
23 328.42 Suspension or denial of a vessel registration
24 due to child support delinquency; dishonored checks.--
25 (2) The department may deny or cancel any vessel
26 registration, license plate, or fuel-use tax decal if the
27 owner pays for the registration, license plate, fuel-use tax
28 decal, or any tax liability, penalty, or interest specified in
29 chapter 207 by a dishonored check if the owner pays for the
30 registration by a dishonored check.
31 Section 69. Section 328.56, Florida Statutes, is
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1 amended to read:
2 328.56 Vessel registration number.--Each vessel that
3 is used on the waters of the state must display a commercial
4 or recreational Florida registration number, unless it is:
5 (1) A vessel used exclusively on private lakes and
6 ponds.
7 (2) A vessel owned by the United States Government.
8 (3) A vessel used exclusively as a ship's lifeboat.
9 (4) A non-motor-powered vessel.
10 (5) A federally documented vessel.
11 (6) A vessel already covered by a registration number
12 in full force and effect which has been awarded to it pursuant
13 to a federally approved numbering system of another state or
14 by the United States Coast Guard in a state without a
15 federally approved numbering system, if the vessel has not
16 been within this state for a period in excess of 90
17 consecutive days.
18 (7) A vessel operating under a valid temporary
19 certificate of number.
20 (8) A vessel from a country other than the United
21 States temporarily using the waters of this state.
22 (9) An undocumented vessel used exclusively for
23 racing.
24 Section 70. Subsection (4) of section 328.72, Florida
25 Statutes, is amended to read:
26 328.72 Classification; registration; fees and charges;
27 surcharge; disposition of fees; fines; marine turtle
28 stickers.--
29 (4) TRANSFER OF OWNERSHIP.--
30 (a) When the ownership of a registered vessel changes,
31 an application for transfer of registration shall be filed
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1 with the county tax collector by the new owner within 30 days
2 with a fee of $3.25. The county tax collector shall retain
3 $2.25 of the fee and shall remit $1 to the department. A
4 refund may not be made for any unused portion of a
5 registration period.
6 (b) If a vessel is an antique as defined in subsection
7 (2), the application shall be accompanied by either a
8 certificate of title, a bill of sale and a registration, or a
9 bill of sale and an affidavit by the owner defending the title
10 from all claims. The bill of sale must contain a complete
11 vessel description to include the hull identification number
12 and engine number, if appropriate; the year, make, and color
13 of the vessel; the selling price; and the signatures of the
14 seller and purchaser.
15 Section 71. Effective July 1, 2001, subsection (1) of
16 section 328.76, Florida Statutes, is amended to read:
17 328.76 Marine Resources Conservation Trust Fund;
18 vessel registration funds; appropriation and distribution.--
19 (1) Except as otherwise specified and less $1.4
20 million for any administrative costs which shall be deposited
21 in the Highway Safety Operating Trust Fund, in each fiscal
22 year beginning on or after July 1, 2001, all funds collected
23 from the registration of vessels through the Department of
24 Highway Safety and Motor Vehicles and the tax collectors of
25 the state, except for those funds designated for the use of
26 the counties pursuant to s. 328.72(1), shall be deposited in
27 the Marine Resources Conservation Trust Fund for recreational
28 channel marking; public launching facilities; law enforcement
29 and quality control programs; aquatic weed control; manatee
30 protection, recovery, rescue, rehabilitation, and release; and
31 marine mammal protection and recovery. The funds collected
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1 pursuant to s. 328.72(1) shall be transferred as follows:
2 (a) In each fiscal year, an amount equal to $1.50 for
3 each vessel registered in this state shall be transferred to
4 the Save the Manatee Trust Fund and shall be used only for the
5 purposes specified in s. 370.12(4).
6 (b) Two dollars from each noncommercial vessel
7 registration fee, except that for class A-1 vessels, shall be
8 transferred to the Invasive Plant Control Trust Fund for
9 aquatic weed research and control.
10 (c) Forty percent of the registration fees from
11 commercial vessels shall be transferred to the Invasive Plant
12 Control Trust Fund for aquatic plant research and control.
13 (d) Forty percent of the registration fees from
14 commercial vessels shall be transferred by the Department of
15 Highway Safety and Motor Vehicles, on a monthly basis, to the
16 General Inspection Trust Fund of the Department of Agriculture
17 and Consumer Services. These funds shall be used for shellfish
18 and aquaculture law enforcement and quality control programs.
19 Section 72. Subsections (4) and (6) of section 713.78,
20 Florida Statutes, are amended to read:
21 713.78 Liens for recovering, towing, or storing
22 vehicles and documented vessels.--
23 (4)(a) Any person regularly engaged in the business of
24 recovering, towing, or storing vehicles or vessels who comes
25 into possession of a vehicle or vessel pursuant to subsection
26 (2), and who claims a lien for recovery, towing, or storage
27 services, shall give notice to the registered owner, the
28 insurance company insuring the vehicle notwithstanding the
29 provisions of s. 627.736, and to all persons claiming a lien
30 thereon, as disclosed by the records in the Department of
31 Highway Safety and Motor Vehicles or of a corresponding agency
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1 in any other state.
2 (b) Whenever any law enforcement agency authorizes the
3 removal of a vehicle or whenever any towing service, garage,
4 repair shop, or automotive service, storage, or parking place
5 notifies the law enforcement agency of possession of a vehicle
6 pursuant to s. 715.07(2)(a)2., the applicable law enforcement
7 agency shall contact the Department of Highway Safety and
8 Motor Vehicles, or the appropriate agency of the state of
9 registration, if known, within 24 hours through the medium of
10 electronic communications, giving the full description of the
11 vehicle. Upon receipt of the full description of the vehicle,
12 the department shall search its files to determine the owner's
13 name, the insurance company insuring the vehicle, and whether
14 any person has filed a lien upon the vehicle as provided in s.
15 319.27(2) and (3) and notify the applicable law enforcement
16 agency within 72 hours. The person in charge of the towing
17 service, garage, repair shop, or automotive service, storage,
18 or parking place shall obtain such information from the
19 applicable law enforcement agency within 5 days from the date
20 of storage and shall give notice pursuant to paragraph (a).
21 The department may release the insurance company information
22 to the requestor notwithstanding the provisions of s. 627.736.
23 (c)(b) Notice by certified mail, return receipt
24 requested, shall be sent within 7 business days after the date
25 of storage of the vehicle or vessel to the registered owner,
26 the insurance company insuring the vehicle notwithstanding the
27 provisions of s. 627.736, and to all persons of record
28 claiming a lien against the vehicle or vessel. It shall state
29 the fact of possession of the vehicle or vessel, that a lien
30 as provided in subsection (2) is claimed, that charges have
31 accrued and the amount thereof, that the lien is subject to
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1 enforcement pursuant to law, and that the owner or lienholder,
2 if any, has the right to a hearing as set forth in subsection
3 (5), and that any vehicle or vessel which remains unclaimed,
4 or for which the charges for recovery, towing, or storage
5 services remain unpaid, may be sold after 35 days free of all
6 prior liens after 35 days if the vehicle or vessel is more
7 than 3 years of age and after 50 days if the vehicle or vessel
8 is 3 years of age or less.
9 (d)(c) If attempts to locate the owner or lienholder
10 prove unsuccessful, the towing-storage operator shall, after 7
11 working days, excluding Saturday and Sunday, of the initial
12 tow or storage, notify the public agency of jurisdiction in
13 writing by certified mail or acknowledged hand delivery that
14 the towing-storage company has been unable to locate the owner
15 or lienholder and a physical search of the vehicle or vessel
16 has disclosed no ownership information and a good faith effort
17 has been made. For purposes of this paragraph and, subsection
18 (9), and s. 715.05, "good faith effort" means that the
19 following checks have been performed by the company to
20 establish prior state of registration and for title:
21 1. Check of vehicle or vessel for any type of tag, tag
22 record, temporary tag, or regular tag.
23 2. Check of law enforcement report for tag number or
24 other information identifying the vehicle or vessel, if the
25 vehicle or vessel was towed at the request of a law
26 enforcement officer.
27 3. Check of trip sheet or tow ticket of tow truck
28 operator to see if a tag was on vehicle at beginning of tow,
29 if private tow.
30 4. If there is no address of the owner on the impound
31 report, check of law enforcement report to see if an
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1 out-of-state address is indicated from driver license
2 information.
3 5. Check of vehicle or vessel for inspection sticker
4 or other stickers and decals that may indicate a state of
5 possible registration.
6 6. Check of the interior of the vehicle or vessel for
7 any papers that may be in the glove box, trunk, or other areas
8 for a state of registration.
9 7. Check of vehicle for vehicle identification number.
10 8. Check of vessel for vessel registration number.
11 9. Check of vessel hull for a hull identification
12 number which should be carved, burned, stamped, embossed, or
13 otherwise permanently affixed to the outboard side of the
14 transom or, if there is no transom, to the outmost seaboard
15 side at the end of the hull that bears the rudder or other
16 steering mechanism.
17 (6) Any vehicle or vessel which is stored pursuant to
18 subsection (2) and which remains unclaimed, or for which
19 reasonable charges for recovery, towing, or storing remain
20 unpaid or for which a lot rental amount is due and owing to
21 the mobile home park owner, as evidenced by a judgment for
22 unpaid rent, and any contents not released pursuant to
23 subsection (10), may be sold by the owner or operator of the
24 storage space for such towing or storage charge or unpaid lot
25 rental amount after 35 days from the time the vehicle or
26 vessel is stored therein if the vehicle or vessel is more than
27 3 years of age and after 50 days from the time the vehicle or
28 vessel is stored therein if the vehicle or vessel is 3 years
29 of age or less. The sale shall be at public auction for cash.
30 If the date of the sale was not included in the notice
31 required in subsection (4), notice of the sale shall be given
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1 to the person in whose name the vehicle, vessel, or mobile
2 home is registered, to the mobile home park owner, and to all
3 persons claiming a lien on the vehicle or vessel as shown on
4 the records of the Department of Highway Safety and Motor
5 Vehicles or of the corresponding agency in any other state.
6 Notice shall be sent by certified mail, return receipt
7 requested, to the owner of the vehicle or vessel and the
8 person having the recorded lien on the vehicle or vessel at
9 the address shown on the records of the registering agency and
10 shall be mailed not less than 15 days before the date of the
11 sale. After diligent search and inquiry, if the name and
12 address of the registered owner or the owner of the recorded
13 lien cannot be ascertained, the requirements of notice by mail
14 may be dispensed with. In addition to the notice by mail,
15 public notice of the time and place of sale shall be made by
16 publishing a notice thereof one time, at least 10 days prior
17 to the date of the sale, in a newspaper of general circulation
18 in the county in which the sale is to be held. The proceeds
19 of the sale, after payment of reasonable towing and storage
20 charges, costs of the sale, and the unpaid lot rental amount,
21 in that order of priority, shall be deposited with the clerk
22 of the circuit court for the county if the owner is absent,
23 and the clerk shall hold such proceeds subject to the claim of
24 the person legally entitled thereto. The clerk shall be
25 entitled to receive 5 percent of such proceeds for the care
26 and disbursement thereof. The certificate of title issued
27 under this law shall be discharged of all liens unless
28 otherwise provided by court order.
29 Section 73. Section 715.05, Florida Statutes, is
30 repealed.
31 Section 74. Subsection (1) of section 681.1096,
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1 Florida Statutes, is amended to read:
2 681.1096 Pilot RV Mediation and Arbitration Program;
3 creation and qualifications.--
4 (1) This section and s. 681.1097 shall apply to
5 disputes determined eligible under this chapter involving
6 recreational vehicles acquired on or after October 1, 1997,
7 and shall remain in effect until September 30, 2002 2001, at
8 which time recreational vehicle disputes shall be subject to
9 the provisions of ss. 681.109 and 681.1095. The Attorney
10 General shall report annually to the President of the Senate,
11 the Speaker of the House of Representatives, the Minority
12 Leader of each house of the Legislature, and appropriate
13 legislative committees regarding the effectiveness efficiency
14 and cost-effectiveness of the pilot program.
15 Section 75. Subsections (5) and (7) of section
16 681.1097, Florida Statutes, are amended to read:
17 681.1097 Pilot RV Mediation and Arbitration Program;
18 dispute eligibility and program function.--
19 (5) If the mediation ends in an impasse, or if a
20 manufacturer fails to comply with the settlement entered into
21 between the parties, the program administrator shall schedule
22 the dispute for an arbitration hearing. Arbitration
23 proceedings shall be open to the public on reasonable and
24 nondiscriminatory terms.
25 (a) The arbitration hearing shall be conducted by a
26 single arbitrator assigned by the program administrator. The
27 arbitrator shall not be the same person as the mediator who
28 conducted the prior mediation conference in the dispute. The
29 parties may factually object to an arbitrator based on the
30 arbitrator's past or present relationship with a party or a
31 party's attorney, direct or indirect, whether financial,
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1 professional, social, or of any other kind. The program
2 administrator shall consider any such objection, determine its
3 validity, and notify the parties of any determination. If the
4 objection is determined valid, the program administrator shall
5 assign another arbitrator to the case.
6 (b) The arbitrator may issue subpoenas for the
7 attendance of witnesses and for the production of records,
8 documents, and other evidence. Subpoenas so issued shall be
9 served and, upon application to the court by a party to the
10 arbitration, enforced in the manner provided by law for the
11 service and enforcement of subpoenas in civil actions. Fees
12 for attendance as a witness shall be the same as for a witness
13 in the circuit court.
14 (c) At all program arbitration proceedings, the
15 parties may present oral and written testimony, present
16 witnesses and evidence relevant to the dispute, cross-examine
17 witnesses, and be represented by counsel. The arbitrator
18 shall record the arbitration hearing and shall have the power
19 to administer oaths. The arbitrator may inspect the vehicle
20 if requested by a party or if the arbitrator considers such
21 inspection appropriate.
22 (d) The program arbitrator may continue a hearing on
23 his or her own motion or upon the request of a party for good
24 cause shown. A request for continuance by the consumer
25 constitutes a waiver of the time period set forth in s.
26 681.1096(3)(k) for completion of all proceedings under the
27 program.
28 (e) Where the arbitration is the result of a
29 manufacturer's failure to perform in accordance with a
30 settlement mediation agreement, any relief to the consumer
31 granted by the arbitration will be no less than the relief
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1 agreed to by the manufacturer in the settlement agreement.
2 (f) The arbitrator shall grant relief if a reasonable
3 number of attempts have been undertaken to correct a
4 nonconformity or nonconformities.
5 (g) The program arbitrator shall render a decision
6 within 10 days of the closing of the hearing. The decision
7 shall be in writing on a form prescribed or approved by the
8 department. The program administrator shall send a copy of the
9 decision to the consumer and each involved manufacturer by
10 registered mail. The program administrator shall also send a
11 copy of the decision to the department within 5 days of
12 mailing to the parties.
13 (h) A manufacturer shall comply with an arbitration
14 decision within 40 days of the date the manufacturer receives
15 the written decision. Compliance occurs on the date the
16 consumer receives delivery of an acceptable replacement motor
17 vehicle or the refund specified in the arbitration award. If a
18 manufacturer fails to comply within the time required, the
19 consumer must notify the program administrator in writing
20 within 10 days. The program administrator shall notify the
21 department of a manufacturer's failure to comply. The
22 department shall have the authority to enforce compliance with
23 arbitration decisions under this section in the same manner as
24 is provided for enforcement of compliance with board decisions
25 under s. 681.1095(10). In any civil action arising under this
26 chapter and relating to a dispute arbitrated pursuant to this
27 section, the decision of the arbitrator is admissible in
28 evidence.
29 (i) Either party may request that the program
30 arbitrator make a technical correction to the decision by
31 filing a written request with the program administrator within
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1 10 days after receipt of the written decision. Technical
2 corrections shall be limited to computational errors,
3 correction of a party's name or information regarding the
4 recreational vehicle, and typographical or spelling errors.
5 Technical correction of a decision shall not toll the time for
6 filing an appeal or for manufacturer compliance.
7 (7) A decision of the arbitrator is binding unless
8 appealed by either party by filing a petition with the circuit
9 court within the time and in the manner prescribed by s.
10 681.1095(10) and (12). Section 681.1095(13) and (14) apply to
11 appeals filed under this section. Either party may make
12 application to the circuit court for the county in which one
13 of the parties resides or has a place of business or, if
14 neither party resides or has a place of business in this
15 state, the county where the arbitration hearing was held, for
16 an order confirming, vacating, modifying, or correcting any
17 award, in accordance with the provisions of this section and
18 ss. 682.12, 682.13, 682.14, 682.15, and 682.17. Such
19 application must be filed within 30 days of the moving party's
20 receipt of the written decision or the decision becomes final.
21 Upon filing such application, the moving party shall mail a
22 copy to the department and, upon entry of any judgment or
23 decree, shall mail a copy of such judgment or decree to the
24 department. A review of such application by the circuit court
25 shall be confined to the record of the proceedings before the
26 program arbitrator. The court shall conduct a de novo review
27 of the questions of law raised in the application. In addition
28 to the grounds set forth in ss. 682.13 and 682.14, the court
29 shall consider questions of fact raised in the application. In
30 reviewing questions of fact, the court shall uphold the award
31 unless it determines that the factual findings of the
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1 arbitrator are not supported by substantial evidence in the
2 record and that the substantial rights of the moving party
3 have been prejudiced. If the arbitrator fails to state
4 findings or reasons for the stated award, or the findings or
5 reasons are inadequate, the court shall search the record to
6 determine whether a basis exists to uphold the award. The
7 court shall expedite consideration of any application filed
8 under this section on the calendar.
9 (a) If a decision of a program arbitrator in favor of
10 a consumer is confirmed by the court, recovery by the consumer
11 shall include the pecuniary value of the award, attorney's
12 fees incurred in obtaining confirmation of the award, and all
13 costs and continuing damages in the amount of $25 per day for
14 each day beyond the 40-day period following a manufacturer's
15 receipt of the arbitrator's decision. If a court determines
16 the manufacturer acted in bad faith in bringing the appeal or
17 brought the appeal solely for the purpose of harassment, or in
18 complete absence of a justiciable issue of law or fact, the
19 court shall double, and may triple, the amount of the total
20 award.
21 (b) An appeal of a judgment or order by the court
22 confirming, denying confirmation, modifying or correcting, or
23 vacating the award may be taken in the manner and to the same
24 extent as from orders or judgments in a civil action.
25 Section 76. Section 681.115, Florida Statutes, is
26 amended to read:
27 681.115 Certain agreements void.--Any agreement
28 entered into by a consumer that waives, limits, or disclaims
29 the rights set forth in this chapter, or that requires a
30 consumer not to disclose the terms of such agreement as a
31 condition thereof, is void as contrary to public policy. The
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1 rights set forth in this chapter shall extend to a subsequent
2 transferee of such motor vehicle.
3 Section 77. Section 715.07, Florida Statutes, is
4 amended to read:
5 715.07 Vehicles and vessels parked on private
6 property; towing.--
7 (1) As used in this section, the terms:
8 (a) term "Vehicle" means any mobile item which
9 normally uses wheels, whether motorized or not.
10 (b) "Vessel" means every description of watercraft,
11 barge, and air boat used or capable of being used as a means
12 of transportation on water, other than a seaplane or a
13 documented vessel, as defined in s. 327.02(8).
14 (2) The owner or lessee of real property, or any
15 person authorized by the owner or lessee, which person may be
16 the designated representative of the condominium association
17 if the real property is a condominium, may cause any vehicle
18 or vessel parked on such property without her or his
19 permission to be removed by a person regularly engaged in the
20 business of towing vehicles or vessels, without liability for
21 the costs of removal, transportation, or storage or damages
22 caused by such removal, transportation, or storage, under any
23 of the following circumstances:
24 (a) The towing or removal of any vehicle or vessel
25 from private property without the consent of the registered
26 owner or other legally authorized person in control of that
27 vehicle or vessel is subject to strict compliance with the
28 following conditions and restrictions:
29 1.a. Any towed or removed vehicle or vessel must be
30 stored at a site within 10 miles of the point of removal in
31 any county of 500,000 population or more, and within 15 miles
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1 of the point of removal in any county of less than 500,000
2 population. That site must be open for the purpose of
3 redemption of vehicles or vessels on any day that the person
4 or firm towing such vehicle or vessel is open for towing
5 purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall
6 have prominently posted a sign indicating a telephone number
7 where the operator of the site can be reached at all times.
8 Upon receipt of a telephoned request to open the site to
9 redeem a vehicle or vessel, the operator shall return to the
10 site within 1 hour or she or he will be in violation of this
11 section.
12 b. If no towing business providing such service is
13 located within the area of towing limitations set forth in
14 sub-subparagraph a., the following limitations apply: any
15 towed or removed vehicle or vessel must be stored at a site
16 within 20 miles of the point of removal in any county of
17 500,000 population or more, and within 30 miles of the point
18 of removal in any county of less than 500,000 population.
19 2. The person or firm towing or removing the vehicle
20 or vessel shall, within 30 minutes of completion of such
21 towing or removal, notify the municipal police department or,
22 in an unincorporated area, the sheriff of such towing or
23 removal, the storage site, the time the vehicle or vessel was
24 towed or removed, and the make, model, color, and license
25 plate number of the vehicle or the make, model, color, and
26 registration number of the vessel and shall obtain the name of
27 the person at that department to whom such information was
28 reported and note that name on the trip record.
29 3. If the registered owner or other legally authorized
30 person in control of the vehicle or vessel arrives at the
31 scene prior to removal or towing of the vehicle or vessel, the
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1 vehicle or vessel shall be disconnected from the towing or
2 removal apparatus, and that person shall be allowed to remove
3 the vehicle or vessel without interference upon the payment of
4 a reasonable service fee of not more than one-half of the
5 posted rate for such towing service as provided in
6 subparagraph 6., for which a receipt shall be given, unless
7 that person refuses to remove the vehicle or vessel which is
8 otherwise unlawfully parked or located.
9 4. The rebate or payment of money or any other
10 valuable consideration from the individual or firm towing or
11 removing vehicles or vessels to the owners or operators of the
12 premises from which the vehicles are towed or removed, for the
13 privilege of removing or towing those vehicles or vessels, is
14 prohibited.
15 5. Except for property appurtenant to and obviously a
16 part of a single-family residence, and except for instances
17 when notice is personally given to the owner or other legally
18 authorized person in control of the vehicle or vessel that the
19 area in which that vehicle or vessel is parked is reserved or
20 otherwise unavailable for unauthorized vehicles or vessels and
21 subject to being removed at the owner's or operator's expense,
22 any property owner or lessee, or person authorized by the
23 property owner or lessee, prior to towing or removing any
24 vehicle or vessel from private property without the consent of
25 the owner or other legally authorized person in control of
26 that vehicle or vessel, must post a notice meeting the
27 following requirements:
28 a. The notice must be prominently placed at each
29 driveway access or curb cut allowing vehicular access to the
30 property, within 5 feet from the public right-of-way line. If
31 there are no curbs or access barriers, the signs must be
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1 posted not less than one sign for each 25 feet of lot
2 frontage.
3 b. The notice must clearly indicate, in not less than
4 2-inch high, light-reflective letters on a contrasting
5 background, that unauthorized vehicles will be towed away at
6 the owner's expense. Owners or lessees that remove vessels
7 from their properties shall post notice, consistent with the
8 requirements of this subparagraph, that unauthorized vehicles
9 or vessels will be towed at the owner's expense. The words
10 "tow-away zone" must be included on the sign in not less than
11 4-inch high letters.
12 c. The notice must also provide the name and current
13 telephone number of the person or firm towing or removing the
14 vehicles or vessels, if the property owner, lessee, or person
15 in control of the property has a written contract with the
16 towing company.
17 d. The sign structure containing the required notices
18 must be permanently installed with the words "tow-away zone"
19 not less than 3 feet and not more than 6 feet above ground
20 level and must be continuously maintained on the property for
21 not less than 24 hours prior to the towing or removal of any
22 vehicles or vessels.
23 e. The local government may require permitting and
24 inspection of these signs prior to any towing or removal of
25 vehicles or vessels being authorized.
26 f. A business with 20 or fewer parking spaces
27 satisfies the notice requirements of this subparagraph by
28 prominently displaying a sign stating "Reserved Parking for
29 Customers Only Unauthorized Vehicles or Vessels Will be Towed
30 Away At the Owner's Expense" in not less than 4-inch high,
31 light-reflective letters on a contrasting background.
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1
2 A business owner or lessee may authorize the removal of a
3 vehicle or vessel by a towing company when the vehicle is
4 parked in such a manner that restricts the normal operation of
5 business; and if a vehicle or vessel parked on a public
6 right-of-way obstructs access to a private driveway the owner,
7 lessee, or agent may have the vehicle or vessel removed by a
8 towing company upon signing an order that the vehicle or
9 vessel be removed without a posted tow-away zone sign.
10 6. Any person or firm that tows or removes vehicles or
11 vessels and proposes to require an owner, operator, or person
12 in control of a vehicle or vessel to pay the costs of towing
13 and storage prior to redemption of the vehicle or vessel must
14 file and keep on record with the local law enforcement agency
15 a complete copy of the current rates to be charged for such
16 services and post at the storage site an identical rate
17 schedule and any written contracts with property owners,
18 lessees, or persons in control of property which authorize
19 such person or firm to remove vehicles or vessels as provided
20 in this section.
21 7. Any person or firm towing or removing any vehicles
22 or vessels from private property without the consent of the
23 owner or other legally authorized person in control of the
24 vehicles or vessels shall, on any trucks, wreckers as defined
25 in s. 713.78(1)(b), or other vehicles used in the towing or
26 removal, have the name, address, and telephone number of the
27 company performing such service clearly printed in contrasting
28 colors on the driver and passenger sides of the vehicle. The
29 name shall be in at least 3-inch permanently affixed letters,
30 and the address and telephone number shall be in at least
31 1-inch permanently affixed letters.
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1 8. Vehicle entry for the purpose of removing the
2 vehicle or vessel shall be allowed with reasonable care on the
3 part of the person or firm towing the vehicle or vessel. Such
4 person or firm shall be liable for any damage occasioned to
5 the vehicle or vessel if such entry is not in accordance with
6 the standard of reasonable care.
7 9. When a vehicle or vessel has been towed or removed
8 pursuant to this section, it must be released to its owner or
9 custodian within one hour after requested. Any vehicle or
10 vessel owner, custodian, or agent shall have the right to
11 inspect the vehicle or vessel before accepting its return, and
12 no release or waiver of any kind which would release the
13 person or firm towing the vehicle or vessel from liability for
14 damages noted by the owner or other legally authorized person
15 at the time of the redemption may be required from any vehicle
16 or vessel owner, custodian, or agent as a condition of release
17 of the vehicle or vessel to its owner. A detailed, signed
18 receipt showing the legal name of the company or person towing
19 or removing the vehicle or vessel must be given to the person
20 paying towing or storage charges at the time of payment,
21 whether requested or not.
22 (b) These requirements shall be the minimum standards
23 and shall not preclude enactment of additional regulations by
24 any municipality or county including the right to regulate
25 rates when vehicles or vessels are towed from private
26 property.
27 (3) This section does not apply to law enforcement,
28 firefighting, rescue squad, ambulance, or other emergency
29 vehicles or vessels which are marked as such or to property
30 owned by any governmental entity.
31 (4) When a person improperly causes a vehicle or
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1 vessel to be removed, such person shall be liable to the owner
2 or lessee of the vehicle or vessel for the cost of removal,
3 transportation, and storage; any damages resulting from the
4 removal, transportation, or storage of the vehicle; attorneys'
5 fees; and court costs.
6 (5) Failure to make good faith best efforts to comply
7 with the notice requirement of this section, as appropriate,
8 shall preclude the imposition of any towing or storage charges
9 against such vehicle or vessel.
10 (6)(5)(a) Any person who violates the provisions of
11 subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is
12 guilty of a misdemeanor of the first degree, punishable as
13 provided in s. 775.082 or s. 775.083.
14 (b) Any person who violates the provisions of
15 subparagraph (2)(a)7. commits is guilty of a felony of the
16 third degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084.
18 Section 78. Subsection (3) is added to section 832.09,
19 Florida Statutes, to read:
20 832.09 Suspension of driver license after warrant or
21 capias is issued in worthless check case.--
22 (3) The Department of Highway Safety and Motor
23 Vehicles shall create a standardized form to be distributed to
24 the clerks of the court in each county for the purpose of
25 notifying the department that a person has satisfied the
26 requirements of the court. Notices of compliance with the
27 court's requirements shall be on the standardized form
28 provided by the department.
29 Section 79. Subsection (1) of section 322.056, Florida
30 Statutes, is amended to read:
31 322.056 Mandatory revocation or suspension of, or
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1 delay of eligibility for, driver's license for persons under
2 age 18 found guilty of certain alcohol, drug, or tobacco
3 offenses; prohibition.--
4 (1) Notwithstanding the provisions of s. 322.055, if a
5 person under 18 years of age is found guilty of or delinquent
6 for a violation of s. 562.11(2), s. 562.111, or chapter 893,
7 and:
8 (a) The person is eligible by reason of age for a
9 driver's license or driving privilege, the court shall direct
10 the department to revoke or to withhold issuance of his or her
11 driver's license or driving privilege for a period of:
12 1. Not less than 6 months and not more than 1 year for
13 the first violation.
14 2. Two years, for a subsequent violation.
15 (b) The person's driver's license or driving privilege
16 is under suspension or revocation for any reason, the court
17 shall direct the department to extend the period of suspension
18 or revocation by an additional period of:
19 1. Not less than 6 months and not more than 1 year for
20 the first violation.
21 2. Two years, for a subsequent violation.
22 (c) The person is ineligible by reason of age for a
23 driver's license or driving privilege, the court shall direct
24 the department to withhold issuance of his or her driver's
25 license or driving privilege for a period of:
26 1. Not less than 6 months and not more than 1 year
27 after the date on which he or she would otherwise have become
28 eligible, for the first violation.
29 2. Two years after the date on which he or she would
30 otherwise have become eligible, for a subsequent violation.
31
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Amendment No. ___ Barcode 271158
1 However, the court may, in its sound discretion, direct the
2 department to issue a license for driving privileges
3 restricted to business or employment purposes only, as defined
4 in s. 322.271, if the person is otherwise qualified for such a
5 license.
6 Section 80. Except as otherwise provided herein, this
7 act shall take effect October 1, 2001.
8
9
10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 Delete everything before the enacting clause
13
14 and insert:
15 A bill to be entitled
16 An act relating Highway Safety, Motor Vehicles,
17 and Vessels; amending s. 316.003, F.S.;
18 providing that certain vehicles of the
19 Department of Health are authorized emergency
20 vehicles; providing that a motorized scooter is
21 not a motor vehicle for traffic control
22 purposes; creating a definition of the term
23 motorized scooter; amending s. 316.006, F.S.;
24 authorizing the installation of multiparty stop
25 signs on certain roads; providing guidelines
26 for the installation of such signage; amending
27 s. 316.1951, F.S.; amending 316.1967, F.S.;
28 allowing a fine designated by county ordinance;
29 revising provisions related to parking vehicles
30 to display for sale; amending s. 316.1975,
31 F.S.; exempting operators of solid waste and
135
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 recovered materials vehicles from provisions
2 regarding unattended motor vehicles; amending
3 s. 316.2065, F.S.; providing motorized scooter
4 operating regulations; amending s. 316.228,
5 F.S.; requiring strobe lights to be placed on
6 the exterior of a commercial vehicle
7 transporting unprocessed forest products
8 extending more than 4 feet beyond the rear of
9 the vehicle; providing an alternate method for
10 placing strobe lights in certain instances;
11 requiring the use of a red flag on the load;
12 amending s. 316.2397, F.S.; authorizing the
13 emergency response vehicles of the Department
14 of Health to use red flashing lights; amending
15 s. 316.520, F.S.; clarifying that a violation
16 of a provision governing loads on vehicles is a
17 moving rather than a nonmoving violation;
18 exempting certain vehicles carrying
19 agricultural products; amending s. 316.640,
20 F.S.; revising the powers and duties of traffic
21 crash investigation officers; authorizing
22 university police officers to enforce state
23 traffic laws violated on or adjacent to
24 property under control of the university or its
25 agents; amending s. 316.650, F.S.; requiring
26 the issuance of a copy of the traffic school
27 reference guide with traffic citations under
28 certain circumstances; amending s. 318.14,
29 F.S.; deleting reference to a restriction on
30 the number of elections a person may make to
31 attend a basic driver improvement course;
136
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 amending s. 318.1451, F.S.; providing traffic
2 school reference guide requirements; amending
3 s. 318.18, F.S.; allowing fine amount
4 designated by county ordinance plus court
5 costs; amending the date by which court clerks
6 must electronically transmit to the department
7 specified information; amending s. 322.0261,
8 F.S.; deleting reference to a time period and
9 increasing the amount of damage required with
10 respect to a crash for the screening of certain
11 crash reports; requiring the Department of
12 Highway Safety and Motor Vehicles to approve
13 and regulate certain courses for driver
14 improvement schools; amending s. 322.161, F.S.;
15 increasing the number of points that a driver
16 under a specified age may accumulate before the
17 department is required to issue that driver a
18 restricted license; creating s. 322.02615,
19 F.S.; providing for mandatory driver
20 improvement courses for certain violations;
21 amending s. 319.001, F.S.; providing
22 definitions; amending s. 319.14, F.S.;
23 authorizing the Department of Highway Safety
24 and Motor Vehicles to place a decal on a
25 rebuilt vehicle so as to clarify its identity;
26 providing a penalty for the removal of the
27 decal; amending s. 319.23, F.S.; conforming the
28 requirements for the transfer of ownership on
29 an antique vehicle to that of any other motor
30 vehicle; amending s. 319.28, F.S.; deleting the
31 requirement that a copy of a contract for
137
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 processing an application for title based on a
2 contractual default be provided; amending s.
3 319.30, F.S.; clarifying the major component
4 parts of a motor vehicle; amending s. 320.01,
5 F.S.; conforming the length limitation for a
6 motor home to that established in ch. 316,
7 F.S.; providing that a motorized scooter is not
8 a motor vehicle for registration purposes;
9 amending s. 320.02, F.S.; requiring application
10 forms for motor vehicle registration and
11 renewal of registration to include language
12 permitting a voluntary contribution to certain
13 organizations; amending s. 320.023, F.S.;
14 requiring certain organizations receiving
15 voluntary check-off contributions to notify the
16 department under certain circumstances and to
17 meet specified requirements; conforming the
18 section to the Florida Single Audit Act;
19 requiring organizations seeking authorization
20 to establish a voluntary check-off contribution
21 on a motor vehicle registration application to
22 conform to the requirements of ch. 496, F.S.;
23 conforming this section to the Florida Single
24 Audit Act; amending s. 320.025, Florida
25 Statutes, conforming the vessel registration
26 law to the motor vehicle registration law;
27 requiring a decal to be affixed to a vessel
28 that is registered under a fictitious name and
29 operated by any law enforcement agency;
30 amending s. 320.05, F.S.; conforming the vessel
31 registration law to the motor vehicle
138
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 registration law; providing instructions for
2 the release of information regarding a vessel
3 to the public; amending s. 320.055, F.S.;
4 correcting the registration period for
5 nonapportioned vehicles; amending s. 320.06,
6 F.S.; providing for the placement of only one
7 decal rather than two on a license plate;
8 amending s. 320.072, F.S.; reducing the
9 timeframe a registrant can use a previous
10 license plate for the initial registration fee
11 exemption; amending s. 320.0805, F.S.; reducing
12 the timeframe for a personalized license plate
13 to remain out of circulation prior to
14 reassignment; amending s. 320.08056, F.S.;
15 requiring the department to count annual
16 renewals when determining whether to
17 discontinue a speciality license plate;
18 requiring certain organizations to notify the
19 department under certain circumstances;
20 including two more colleges to the
21 discontinuance exemptions provided for
22 collegiate specialty license plates; providing
23 for a Florida Golf license plate; amending s.
24 320.08058, F.S.; requiring the department to
25 develop the Florida Golf license plate;
26 providing for distribution of proceeds of the
27 annual use fees; requiring the Florida Sports
28 Foundation to establish a youth golf program;
29 providing for an advisory committee; amending
30 s. 320.08062, F.S.; conforming this section to
31 the Florida Single Audit Act; amending s.
139
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 320.083, F.S.; increasing the weight
2 restriction for a private-use vehicle so as to
3 be eligible to apply for the Amateur Radio
4 Operator specialty license plate; amending s.
5 320.089, F.S.; providing for the issuance of
6 Pearl Harbor Survivor and Purple Heart license
7 plates without payment to a disabled veteran;
8 increasing the weight restriction for a
9 private-use vehicle so as to be eligible to
10 apply for the EX-POW or Purple Heart specialty
11 license plate; amending s. 320.18, F.S.;
12 providing for cancellation of license plates
13 and fuel use tax decals for failure to pay
14 motor carrier weight and safety violation
15 penalties; amending s. 320.27, F.S.; redefining
16 the term "motor vehicle auction"; deleting the
17 requirement for a licensee to have the
18 certificate of title or ownership indicia in
19 his or her possession at an auction; deleting a
20 requirement for establishing a pattern of
21 wrongdoing; revising requirements for denial,
22 suspension, or revocation of a motor vehicle
23 dealer license; amending s. 320.60, F.S.;
24 revising definitions used in ss. 320.61-320.70,
25 F.S.; amending s. 320.61, F.S.; amending
26 procedures to be followed when a complaint of
27 unfair cancellation of a dealer agreement has
28 been made by a motor vehicle dealer against a
29 licensee; defining the term "final decision";
30 amending s. 320.64, F.S.; providing penalties
31 and remedies for violations; deleting
140
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SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 subsections (13) and (16); amending subsection
2 (18); creating subsections (22) through (32)
3 and renumbering sections; amending s. 320.641,
4 F.S.; providing procedures relating to
5 discontinuations, cancellations, nonrenewals,
6 modifications, and replacements of franchise
7 agreements; amending s. 320.643, F.S.; amending
8 provisions relating to the transfer,
9 assignment, or sale of franchise agreements;
10 amending s. 320.645, F.S.; amending provisions
11 relating to restrictions upon a licensee's
12 owning a dealership; providing for "dealer
13 development arrangements"; providing
14 exceptions; amending s. 320.699, F.S.; amending
15 procedures for administrative hearings;
16 creating s. 320.6991; providing for
17 severability; amending s. 320.691 F.S.;
18 creating the Automobile Dealers Industry
19 Advisory Board; amending s. 322.01, F.S.;
20 providing that a motorized scooter is not a
21 motor vehicle for drivers' licensing purposes;
22 amending s. 322.05, F.S.; correcting a
23 statutory reference regarding the requirements
24 for an individual under 18 years of age to
25 apply for a driver's license; amending s.
26 322.081, F.S.; requiring certain organizations
27 receiving voluntary check-off contributions to
28 notify the department under certain
29 circumstances and to meet specified
30 requirements; conforming the section to the
31 Florida Single Audit Act; requiring
141
12:57 AM 05/03/01 s1068.tr20.4a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 organizations seeking authorization to
2 establish a voluntary contribution on a motor
3 vehicle registration to register with the
4 Department of Agriculture and Consumer
5 Services; amending s. 322.095, F.S.; requiring
6 the Department of Highway Safety and Motor
7 Vehicles to approve and regulate certain
8 courses for driver improvement schools;
9 creating s. 322.222, F.S.; authorizing the
10 Department of Highway Safety and Motor Vehicles
11 to hold a hearing when an individual's driver's
12 license has been suspended or revoked due to
13 medical reasons; amending s. 322.25, F.S.;
14 correcting a cross reference; amending s.
15 322.2615, F.S.; complying with the USDOT's
16 drunk driving prevention incentive program;
17 reducing the timeframe for a temporary permit
18 that is allotted when an individual is charged
19 with driving with an unlawful blood-alcohol
20 level; amending s. 322.27, F.S.; clarifying the
21 time period for a driver's license revocation
22 of a habitual traffic offender; amending s.
23 322.28, F.S.; deleting obsolete language
24 regarding the revocation of a driver's license;
25 repealing s. 322.282, F.S., relating to the
26 procedure when the court revokes or suspends
27 license or driving privilege and orders
28 reinstatement; amending s. 322.292, F.S.;
29 adding the requirement that DUI programs must
30 be governmental programs or not-for-profit
31 corporations; amending s. 322.61, F.S.;
142
12:57 AM 05/03/01 s1068.tr20.4a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 complying with the Federal Motor Carrier Safety
2 Regulations; adding two more violations for
3 which a commercial motor vehicle may be
4 disqualified of driving privileges; amending s.
5 322.64, F.S.; reducing the timeframe for a
6 temporary permit allotted when an individual
7 holding a commercial driver's license is
8 charged with an unlawful blood-alcohol level;
9 repealing s. 322.331, F.S., relating to the
10 reinstatement of a license of a habitual
11 traffic offender; creating the Driver Licensing
12 Study Commission within the Department of
13 Highway Safety and Motor Vehicles; providing
14 for membership and appointment; providing for
15 staff; providing for duties of the commission;
16 providing for dissolution of the commission
17 upon submission of a required report; providing
18 an appropriation; amending s. 324.091, F.S.;
19 providing for electronic access to vehicle
20 insurance information; amending s. 328.01,
21 F.S.; deleting the requirement for a copy of a
22 contract upon which a claim of ownership of a
23 vessel is made on a contractual default;
24 amending s. 328.42, F.S.; authorizing the
25 department to deny or cancel any vessel
26 registration, license plate, or fuel use decal
27 when given a dishonored check by the customer;
28 amending s. 328.56, F.S.; deleting the terms
29 "commercial" and "recreational" when referring
30 to vessels operated on the waters of this
31 state; amending s. 328.72, F.S.; deleting the
143
12:57 AM 05/03/01 s1068.tr20.4a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 requirements for the transfer of ownership of
2 an antique vessel; amending s. 328.76, F.S.;
3 providing for the appropriation allotted for
4 fiscal year 2000-2001 to be deposited into the
5 Highway Safety Operating Trust Fund; amending
6 s. 713.78, F.S.; adding the insurance company
7 to the list of individuals to be contacted when
8 a vehicle has been towed; providing storage
9 periods before the expiration of which certain
10 salvaged vehicles may not be sold; repealing s.
11 715.05, F.S., relating to the reporting of
12 unclaimed motor vehicles; amending ss. 681.1096
13 and 681.1097, F.S.; revising program
14 requirements for the Pilot RV Mediation and
15 Arbitration program; amending s. 681.115, F.S.;
16 providing that a motor vehicle sales agreement
17 which prohibits disclosure of its terms is
18 void; amending s. 715.07, F.S.; conforming the
19 vessel registration law to the motor vehicle
20 registration law; defining the term "vessel";
21 authorizing the removal of an undocumented
22 vessel parked on private property; amending s.
23 832.09, F.S.; authorizing the department to
24 create a standardized form to be used for
25 notification of satisfaction of a worthless
26 check; amending s. 322.056, F.S.; authorizing
27 the court to direct the Department of Highway
28 Safety and Motor Vehicles to issue a driver's
29 license restricted to business or employment
30 purposes only to certain persons under age 18
31 found guilty of certain alcohol, drug, or
144
12:57 AM 05/03/01 s1068.tr20.4a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1068
Amendment No. ___ Barcode 271158
1 tobacco offenses; providing an effective date.
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