Senate Bill sb1068

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    Florida Senate - 2001                                  SB 1068

    By Senator Sebesta





    20-620A-01

  1                      A bill to be entitled

  2         An act relating to highway safety, motor

  3         vehicles, and vessels; amending s. 316.1945,

  4         F.S.; revising provisions relating to the

  5         parking of vehicles in specified areas;

  6         amending s. 316.1975, F.S.; revising provisions

  7         relating to unattended motor vehicles; amending

  8         s. 316.228, F.S.; revising provisions relating

  9         to the use of lamps on vehicles transporting

10         certain loads; amending s. 316.520, F.S.;

11         revising penalties for violation of load limits

12         on vehicles; amending s. 316.640, F.S.;

13         revising the powers and duties of traffic crash

14         investigation officers; amending s. 319.001,

15         F.S.; revising definitions with respect to

16         component parts of motor vehicles; amending s.

17         319.14, F.S.; revising provisions relating to

18         the sale of certain vehicles; authorizing the

19         Department of Highway Safety and Motor Vehicles

20         to affix a decal on rebuilt vehicles;

21         redefining the term "assembled from parts" and

22         deleting the term "combined"; providing a

23         penalty for the removal of rebuilt decals;

24         amending s. 319.14, F.S.; revising provisions

25         relating to the sale of certain vehicles;

26         authorizing the Department of Highway Safety

27         and Motor Vehicles to affix a decal on rebuilt

28         vehicles; amending s. 319.23, F.S.; revising

29         provisions relating to the transfer of

30         ownership of an antique vehicle; amending s.

31         319.27, F.S.; revising provisions with respect

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  1         to the filing of liens on motor vehicles and

  2         mobile homes; amending s. 319.28, F.S.;

  3         revising requirements relating to the transfer

  4         of ownership by operation of law; amending s.

  5         319.30, F.S.; redefining the terms "major

  6         component part"; providing standards for the

  7         sale of certain vehicles; amending s. 320.025,

  8         F.S.; revising provisions relating to the

  9         issuance of confidential registration

10         certificates and license plates; amending s.

11         320.05, F.S.; revising provisions relating to

12         vessel registration records; amending s.

13         320.055, F.S.; revising registration periods

14         for certain vehicles; amending s. 320.06, F.S.;

15         providing for the placement of registration

16         validation stickers; amending s. 320.0605,

17         F.S.; revising provisions relating to fleet

18         vehicles and registration certificates;

19         amending s. 320.072, F.S.; revising provisions

20         relating to the exemption of certain

21         registration fees; amending s. 320.0805, F.S.;

22         revising provisions relating to the issuance of

23         personalized license plates; amending s.

24         320.083, F.S.; revising vehicle weight

25         restrictions relating to the amateur radio

26         operator's license plate; amending s. 320.089,

27         F.S.; revising vehicle weight restrictions

28         relating to the Ex-POW and Purple Heart license

29         plates; amending s. 320.27, F.S.; redefining

30         the term "motor vehicle auction"; revising

31         requirements relating to motor vehicle dealers;

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  1         amending s. 322.05, F.S.; conforming a

  2         statutory cross-reference; amending s. 322.126,

  3         F.S.; revising provisions relating to the

  4         reporting of a disability to the department;

  5         creating s. 322.222, F.S.; authorizing the

  6         department to conduct hearings for medical

  7         review cases; amending s. 322.2615, F.S.;

  8         revising provisions relating to temporary

  9         driving permits; amending s. 322.27, F.S.;

10         revising provisions relating to the revocation

11         of license for habitual traffic offenders;

12         amending s. 322.28, F.S.; deleting obsolete

13         language; amending s. 322.292, F.S.; revising

14         requirements relating to the operation of DUI

15         programs; amending s. 322.61, F.S.; revising

16         provisions relating to the disqualification

17         from operating a commercial motor vehicle;

18         amending s. 322.64, F.S.; revising provisions

19         relating to commercial vehicle operators and

20         driving under the influence; amending s.

21         328.01, F.S.; revising requirements relating to

22         the application for certificate of title;

23         amending s. 328.42, F.S.; revising provisions

24         relating to the payment of certain transactions

25         by dishonored check; amending s. 328.56, F.S.;

26         revising provisions relating to the display of

27         vessel registration numbers; amending s.

28         328.72, F.S.; revising requirements relating to

29         the transfer of an antique vessel; amending s.

30         328.76, F.S.; providing for an annual

31         appropriation to the Highway Safety Operating

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  1         Trust Fund; amending s. 328.76, F.S.; providing

  2         an annual appropriation to the Highway Safety

  3         Operating Trust Fund; amending s. 713.78, F.S.;

  4         providing for the notification of insurers when

  5         a vehicle is towed; amending s. 715.07, F.S.;

  6         redefining the term "vessel"; providing for the

  7         removal of undocumented vessels from private

  8         property; amending s. 832.09, F.S.; providing

  9         for the use of a standardized form in reporting

10         certain information to the department;

11         repealing s. 322.282, F.S., which provides

12         procedures for the revocation and reinstatement

13         of certain licenses; repealing s. 322.331,

14         F.S., which provides for hearings for

15         reinstatement of license for habitual traffic

16         offenders; repealing s. 715.05, F.S., which

17         provides for the reporting of unclaimed motor

18         vehicles; providing effective dates.

19

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

21

22         Section 1.  Paragraph (a) of subsection (1) of section

23  316.1945, Florida Statutes, is amended to read:

24         316.1945  Stopping, standing, or parking prohibited in

25  specified places.--

26         (1)  Except when necessary to avoid conflict with other

27  traffic, or in compliance with law or the directions of a

28  police officer or official traffic control device, no person

29  shall:

30         (a)  Stop, stand, or park a vehicle:

31

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  1         1.  On the roadway side of any vehicle stopped or

  2  parked at the edge or curb of a street.

  3         2.  On a sidewalk.

  4         3.  Within an intersection.

  5         4.  On a crosswalk.

  6         5.  Between a safety zone and the adjacent curb or

  7  within 30 feet of points on the curb immediately opposite the

  8  ends of a safety zone, unless the Department of Transportation

  9  indicates a different length by signs or markings.

10         6.  Alongside or opposite any street excavation or

11  obstruction when stopping, standing, or parking would obstruct

12  traffic.

13         7.  Upon any bridge or other elevated structure upon a

14  highway or within a highway tunnel.

15         8.  On any railroad tracks.

16         9.  On a bicycle path.

17         10.  At any place where official traffic control

18  devices prohibit stopping.

19         11.  On the roadway or shoulder of a limited access

20  facility, except as provided by regulation of the Department

21  of Transportation, or on the paved portion of a connecting

22  ramp; except that a vehicle which is disabled or in a

23  condition improper to be driven as a result of mechanical

24  failure or crash may be parked on such shoulder for a period

25  not to exceed 6 hours.  This provision is not applicable to a

26  person stopping a vehicle to render aid to an injured person

27  or assistance to a disabled vehicle in obedience to the

28  directions of a law enforcement officer or to a person

29  stopping a vehicle in compliance with applicable traffic laws.

30         12.  For the purpose of loading or unloading a

31  passenger on the paved roadway or shoulder of a limited access

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  1  facility or on the paved portion of any connecting ramp.  This

  2  provision is not applicable to a person stopping a vehicle to

  3  render aid to an injured person or assistance to a disabled

  4  vehicle.

  5         13.  Within a roadway, to include the paved or unpaved

  6  median, in areas not designated for parking.

  7         Section 2.  Subsection (2) of section 316.1975, Florida

  8  Statutes, is amended to read:

  9         316.1975  Unattended motor vehicle.--

10         (2)  This section does not apply to the operator of:

11         (a)  An authorized emergency vehicle while in the

12  performance of official duties and the vehicle is equipped

13  with an activated antitheft device that prohibits the vehicle

14  from being driven; or

15         (b)  A licensed delivery truck or other delivery

16  vehicle while making deliveries.

17         (c)  A solid waste or recovered materials vehicle while

18  collecting such items.

19         Section 3.  Subsection (2) of section 316.228, Florida

20  Statutes, is amended to read:

21         316.228  Lamps or flags on projecting load.--

22         (2)  Any commercial motor vehicle or trailer, except as

23  stated in s. 316.515(7), transporting a load of unprocessed

24  logs, or long pulpwood, poles, or posts which load extends

25  extend more than 4 feet beyond the rear of the body or bed of

26  such vehicle, must have securely fixed as close as practical

27  to the end of any such projection one amber strobe-type lamp

28  equipped with a multidirectional type lens so mounted as to be

29  visible from the rear and both sides of the projecting load.

30  If the mounting of one strobe lamp cannot be accomplished so

31  that it is visible from the rear and both sides of the

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  1  projecting load, multiple strobe lights must be used to meet

  2  the visibility requirements of this subsection. The strobe

  3  lamp must flash at a rate of at least 60 flashes per minute

  4  and must be plainly visible from a distance of at least 500

  5  feet to the rear and sides of the projecting load at any time

  6  of the day or night. The lamp must be operating at any time of

  7  the day or night when the vehicle is operated on any highway

  8  or parked on the shoulder or immediately adjacent to the

  9  traveled portion of any public roadway. The projecting load

10  must also be marked with a red flag as described in subsection

11  (1).

12         Section 4.  Subsection (3) of section 316.520, Florida

13  Statutes, is amended to read:

14         316.520  Loads on vehicles.--

15         (3)  A violation of this section is a noncriminal

16  traffic infraction, punishable as a moving nonmoving violation

17  as provided in chapter 318.

18         Section 5.  Subsections (1), (2), and (3) of section

19  316.640, Florida Statutes, are amended to read:

20         316.640  Enforcement.--The enforcement of the traffic

21  laws of this state is vested as follows:

22         (1)  STATE.--

23         (a)1.

24         a.  The Division of Florida Highway Patrol of the

25  Department of Highway Safety and Motor Vehicles, the Division

26  of Law Enforcement of the Fish and Wildlife Conservation

27  Commission, the Division of Law Enforcement of the Department

28  of Environmental Protection, and law enforcement officers of

29  the Department of Transportation each have authority to

30  enforce all of the traffic laws of this state on all the

31  streets and highways thereof and elsewhere throughout the

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  1  state wherever the public has a right to travel by motor

  2  vehicle. The Division of the Florida Highway Patrol may employ

  3  as a traffic accident investigation officer any individual who

  4  successfully completes at least 200 hours of instruction in

  5  traffic accident investigation and court presentation through

  6  the Selective Traffic Enforcement Program as approved by the

  7  Criminal Justice Standards and Training Commission and funded

  8  through the National Highway Traffic Safety Administration or

  9  a similar program approved by the commission, but who does not

10  necessarily meet the uniform minimum standards established by

11  the commission for law enforcement officers or auxiliary law

12  enforcement officers under chapter 943. Any such traffic

13  accident investigation officer who makes an investigation at

14  the scene of a traffic accident may issue traffic citations,

15  based upon personal investigation, when he or she has

16  reasonable and probable grounds to believe that a person who

17  was involved in the accident committed an offense under this

18  chapter, chapter 319, chapter 320, or chapter 322 in

19  connection with the accident. This paragraph does not permit

20  the carrying of firearms or other weapons, nor do such

21  officers have arrest authority other than for the issuance of

22  a traffic citation as authorized in this paragraph.

23         b.  University police officers shall have authority to

24  enforce all of the traffic laws of this state when such

25  violations occur on or about any property or facilities that

26  are under the guidance, supervision, regulation, or control of

27  the State University System, except that traffic laws may be

28  enforced off-campus when hot pursuit originates on-campus.

29         c.  Community college police officers shall have the

30  authority to enforce all the traffic laws of this state only

31  when such violations occur on any property or facilities that

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  1  are under the guidance, supervision, regulation, or control of

  2  the community college system.

  3         d.  Police officers employed by an airport authority

  4  shall have the authority to enforce all of the traffic laws of

  5  this state only when such violations occur on any property or

  6  facilities that are owned or operated by an airport authority.

  7         (I)  An airport authority may employ as a parking

  8  enforcement specialist any individual who successfully

  9  completes a training program established and approved by the

10  Criminal Justice Standards and Training Commission for parking

11  enforcement specialists but who does not otherwise meet the

12  uniform minimum standards established by the commission for

13  law enforcement officers or auxiliary or part-time officers

14  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

15  construed to permit the carrying of firearms or other weapons,

16  nor shall such parking enforcement specialist have arrest

17  authority.

18         (II)  A parking enforcement specialist employed by an

19  airport authority is authorized to enforce all state, county,

20  and municipal laws and ordinances governing parking only when

21  such violations are on property or facilities owned or

22  operated by the airport authority employing the specialist, by

23  appropriate state, county, or municipal traffic citation.

24         e.  The Office of Agricultural Law Enforcement of the

25  Department of Agriculture and Consumer Services shall have the

26  authority to enforce traffic laws of this state only as

27  authorized by the provisions of chapter 570. However, nothing

28  in this section shall expand the authority of the Office of

29  Agricultural Law Enforcement at its agricultural inspection

30  stations to issue any traffic tickets except those traffic

31  tickets for vehicles illegally passing the inspection station.

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  1         f.  School safety officers shall have the authority to

  2  enforce all of the traffic laws of this state when such

  3  violations occur on or about any property or facilities which

  4  are under the guidance, supervision, regulation, or control of

  5  the district school board.

  6         2.  An agency of the state as described in subparagraph

  7  1. is prohibited from establishing a traffic citation quota. A

  8  violation of this subparagraph is not subject to the penalties

  9  provided in chapter 318.

10         3.  Any disciplinary action taken or performance

11  evaluation conducted by an agency of the state as described in

12  subparagraph 1. of a law enforcement officer's traffic

13  enforcement activity must be in accordance with written

14  work-performance standards. Such standards must be approved by

15  the agency and any collective bargaining unit representing

16  such law enforcement officer. A violation of this subparagraph

17  is not subject to the penalties provided in chapter 318.

18         (b)1.  The Department of Transportation has authority

19  to enforce on all the streets and highways of this state all

20  laws applicable within its authority.

21         2.a.  The Department of Transportation shall develop

22  training and qualifications standards for toll enforcement

23  officers whose sole authority is to enforce the payment of

24  tolls pursuant to s. 316.1001. Nothing in this subparagraph

25  shall be construed to permit the carrying of firearms or other

26  weapons, nor shall a toll enforcement officer have arrest

27  authority.

28         b.  For the purpose of enforcing s. 316.1001,

29  governmental entities, as defined in s. 334.03, which own or

30  operate a toll facility may employ independent contractors or

31  designate employees as toll enforcement officers; however, any

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  1  such toll enforcement officer must successfully meet the

  2  training and qualifications standards for toll enforcement

  3  officers established by the Department of Transportation.

  4         (2)  COUNTIES.--

  5         (a)  The sheriff's office of each of the several

  6  counties of this state shall enforce all of the traffic laws

  7  of this state on all the streets and highways thereof and

  8  elsewhere throughout the county wherever the public has the

  9  right to travel by motor vehicle.  In addition, the sheriff's

10  office may be required by the county to enforce the traffic

11  laws of this state on any private or limited access road or

12  roads over which the county has jurisdiction pursuant to a

13  written agreement entered into under s. 316.006(3)(b).

14         (b)  The sheriff's office of each county may employ as

15  a traffic crash investigation officer any individual who

16  successfully completes at least 200 hours of instruction in

17  traffic crash investigation and court presentation through the

18  Selective Traffic Enforcement Program (STEP) as approved by

19  the Criminal Justice Standards and Training Commission and

20  funded through the National Highway Traffic Safety

21  Administration (NHTSA) or a similar program approved by the

22  commission, but who does not necessarily otherwise meet the

23  uniform minimum standards established by the commission for

24  law enforcement officers or auxiliary law enforcement officers

25  under chapter 943. Any such traffic crash investigation

26  officer who makes an investigation at the scene of a traffic

27  crash may issue traffic citations when, based upon personal

28  investigation, he or she has reasonable and probable grounds

29  to believe that a person who was involved in the accident has

30  committed an offense under this chapter, chapter 319, chapter

31  320, or chapter 322 in connection with the accident crash.

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  1  This paragraph does not permit the carrying of firearms or

  2  other weapons, nor do such officers have arrest authority

  3  other than for the issuance of a traffic citation as

  4  authorized in this paragraph.

  5         (c)  The sheriff's office of each of the several

  6  counties of this state may employ as a parking enforcement

  7  specialist any individual who successfully completes a

  8  training program established and approved by the Criminal

  9  Justice Standards and Training Commission for parking

10  enforcement specialists, but who does not necessarily

11  otherwise meet the uniform minimum standards established by

12  the commission for law enforcement officers or auxiliary or

13  part-time officers under s. 943.12.

14         1.  A parking enforcement specialist employed by the

15  sheriff's office of each of the several counties of this state

16  is authorized to enforce all state and county laws,

17  ordinances, regulations, and official signs governing parking

18  within the unincorporated areas of the county by appropriate

19  state or county citation and may issue such citations for

20  parking in violation of signs erected pursuant to s.

21  316.006(3) at parking areas located on property owned or

22  leased by a county, whether or not such areas are within the

23  boundaries of a chartered municipality.

24         2.  A parking enforcement specialist employed pursuant

25  to this subsection shall not carry firearms or other weapons

26  or have arrest authority.

27         (3)  MUNICIPALITIES.--

28         (a)  The police department of each chartered

29  municipality shall enforce the traffic laws of this state on

30  all the streets and highways thereof and elsewhere throughout

31  the municipality wherever the public has the right to travel

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  1  by motor vehicle.  In addition, the police department may be

  2  required by a municipality to enforce the traffic laws of this

  3  state on any private or limited access road or roads over

  4  which the municipality has jurisdiction pursuant to a written

  5  agreement entered into under s. 316.006(2)(b).  However,

  6  nothing in this chapter shall affect any law, general,

  7  special, or otherwise, in effect on January 1, 1972, relating

  8  to "hot pursuit" without the boundaries of the municipality.

  9         (b)  The police department of a chartered municipality

10  may employ as a traffic crash investigation officer any

11  individual who successfully completes at least 200 hours of

12  instruction in traffic crash investigation and court

13  presentation through the Selective Traffic Enforcement Program

14  (STEP) as approved by the Criminal Justice Standards and

15  Training Commission and funded through the National Highway

16  Traffic Safety Administration (NHTSA) or a similar program

17  approved by the commission, but who does not otherwise meet

18  the uniform minimum standards established by the commission

19  for law enforcement officers or auxiliary law enforcement

20  officers under chapter 943. Any such traffic crash

21  investigation officer who makes an investigation at the scene

22  of a traffic accident may crash is authorized to issue traffic

23  citations when, based upon personal investigation, he or she

24  has reasonable and probable grounds to believe that a person

25  involved in the accident has committed an offense under the

26  provisions of this chapter, chapter 319, chapter 320, or

27  chapter 322 in connection with the accident crash. Nothing in

28  This paragraph does not shall be construed to permit the

29  carrying of firearms or other weapons, nor do shall such

30  officers have arrest authority other than for the issuance of

31  a traffic citation as authorized above.

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  1         (c)1.  A chartered municipality or its authorized

  2  agency or instrumentality may employ as a parking enforcement

  3  specialist any individual who successfully completes a

  4  training program established and approved by the Criminal

  5  Justice Standards and Training Commission for parking

  6  enforcement specialists, but who does not otherwise meet the

  7  uniform minimum standards established by the commission for

  8  law enforcement officers or auxiliary or part-time officers

  9  under s. 943.12.

10         1.2.  A parking enforcement specialist employed by a

11  chartered municipality or its authorized agency or

12  instrumentality is authorized to enforce all state, county,

13  and municipal laws and ordinances governing parking within the

14  boundaries of the municipality employing the specialist, by

15  appropriate state, county, or municipal traffic citation.

16  Nothing in this paragraph shall be construed to permit the

17  carrying of firearms or other weapons, nor shall such a

18  parking enforcement specialist have arrest authority.

19         2.  A parking enforcement specialist employed pursuant

20  to this subsection may not carry firearms or other weapons or

21  have arrest authority.

22         Section 6.  Section 319.001, Florida Statutes, is

23  amended to read:

24         319.001  Definitions.--As used in this chapter, the

25  term:

26         (1)  "Department" means the Department of Highway

27  Safety and Motor Vehicles.

28         (2)  "Front-end assembly" means fenders, hood, grill,

29  and bumper.

30         (3)(2)  "Licensed dealer," unless otherwise

31  specifically provided, means a motor vehicle dealer licensed

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  1  under s. 320.27, a mobile home dealer licensed under s.

  2  320.77, or a recreational vehicle dealer licensed under s.

  3  320.771.

  4         (4)  "Motorcycle body assembly" means frame, fenders,

  5  and gas tanks.

  6         (5)  "Motorcycle engine" means cylinder block, heads,

  7  engine case, and crank case.

  8         (6)  "Motorcycle transmission" means drive train.

  9         (7)(3)  "New mobile home" means a mobile home the

10  equitable or legal title to which has never been transferred

11  by a manufacturer, distributor, importer, or dealer to an

12  ultimate purchaser.

13         (8)(4)  "New motor vehicle" means a motor vehicle the

14  equitable or legal title to which has never been transferred

15  by a manufacturer, distributor, importer, or dealer to an

16  ultimate purchaser; however, when legal title is not

17  transferred but possession of a motor vehicle is transferred

18  pursuant to a conditional sales contract or lease and the

19  conditions are not satisfied and the vehicle is returned to

20  the motor vehicle dealer, the motor vehicle may be resold by

21  the motor vehicle dealer as a new motor vehicle, provided the

22  selling motor vehicle dealer gives the following written

23  notice to the purchaser:  "THIS VEHICLE WAS DELIVERED TO A

24  PREVIOUS PURCHASER." The purchaser shall sign an

25  acknowledgment, a copy of which is kept in the selling

26  dealer's file.

27         (9)  "Rear body section" means both quarter panels,

28  decklid, bumper and floor pan.

29         (10)(5)  "Satisfaction of lien" means full payment of a

30  debt or release of a debtor from a lien by the lienholder.

31

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  1         (11)(6)  "Used motor vehicle" means any motor vehicle

  2  that is not a "new motor vehicle" as defined in subsection (8)

  3  (4).

  4         Section 7.  Paragraphs (b) and (c) of subsection (1)

  5  and subsections (2) and (3) of section 319.14, Florida

  6  Statutes, are amended, present subsections (6), (7), and (8)

  7  of that section are redesignated as subsections (7), (8), and

  8  (9), respectively, and a new subsection (6) is added to that

  9  section to read:

10         319.14  Sale of motor vehicles registered or used as

11  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

12  and nonconforming vehicles.--

13         (1)

14         (b)  No person shall knowingly offer for sale, sell, or

15  exchange a rebuilt vehicle until the department has stamped in

16  a conspicuous place on the certificate of title for the

17  vehicle words stating that the vehicle has been rebuilt, or

18  assembled from parts, or combined, or is a kit car, glider

19  kit, replica, or flood vehicle, unless proper application for

20  a certificate of title for a vehicle that is rebuilt, or

21  assembled from parts, or combined, or is a kit car, glider

22  kit, replica, or flood vehicle, has been made to the

23  department in accordance with this chapter and the department

24  or its agent has, moreover, conducted the physical examination

25  of the vehicle to assure the identification identity of the

26  vehicle and of all major component parts, as defined in s.

27  319.30(1)(e), which have been repaired or replaced.

28  Thereafter, the department shall affix a decal to the vehicle

29  in the manner prescribed by the department, showing that the

30  vehicle has been rebuilt.

31         (c)  As used in this section, the term:

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  1         1.  "Police vehicle" means a motor vehicle owned or

  2  leased by the state or a county or municipality and used in

  3  law enforcement.

  4         2.a.  "Short-term-lease vehicle" means a motor vehicle

  5  leased without a driver and under a written agreement to one

  6  or more persons from time to time for a period of less than 12

  7  months.

  8         b.  "Long-term-lease vehicle" means a motor vehicle

  9  leased without a driver and under a written agreement to one

10  person for a period of 12 months or longer.

11         c.  "Lease vehicle" includes both short-term-lease

12  vehicles and long-term-lease vehicles.

13         3.  "Rebuilt vehicle" means a motor vehicle or mobile

14  home built from salvage or junk, as defined in s. 319.30(1).

15         4.  "Assembled from parts" means a motor vehicle or

16  mobile home assembled from parts or combined from parts of

17  motor vehicles or mobile homes, new or used. "Assembled from

18  parts" does not mean a motor vehicle defined as a "rebuilt

19  vehicle" in subparagraph 3., which has been declared a total

20  loss pursuant to s. 319.30.

21         5.  "Combined" means assembled by combining two motor

22  vehicles neither of which has been titled and branded as

23  "Salvage Unrebuildable."

24         5.6.  "Kit car" means a motor vehicle assembled with a

25  kit supplied by a manufacturer to rebuild a wrecked or

26  outdated motor vehicle with a new body kit.

27         6.7.  "Glider kit" means a vehicle assembled with a kit

28  supplied by a manufacturer to rebuild a wrecked or outdated

29  truck or truck tractor.

30         7.8.  "Replica" means a complete new motor vehicle

31  manufactured to look like an old vehicle.

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  1         8.9.  "Flood vehicle" means a motor vehicle or mobile

  2  home that has been declared to be a total loss pursuant to s.

  3  319.30(3)(a) resulting from damage caused by water.

  4         9.10.  "Nonconforming vehicle" means a motor vehicle

  5  which has been purchased by a manufacturer pursuant to a

  6  settlement, determination, or decision under chapter 681.

  7         10.11.  "Settlement" means an agreement entered into

  8  between a manufacturer and a consumer that occurs after a

  9  dispute is submitted to a program, or an informal dispute

10  settlement procedure established by a manufacturer or is

11  approved for arbitration before the New Motor Vehicle

12  Arbitration Board as defined in s. 681.102.

13         (2)  No person shall knowingly sell, exchange, or

14  transfer a vehicle referred to in subsection (1) without,

15  prior to consummating the sale, exchange, or transfer,

16  disclosing in writing to the purchaser, customer, or

17  transferee the fact that the vehicle has previously been

18  titled, registered, or used as a taxicab, police vehicle, or

19  short-term-lease vehicle or is a vehicle that is rebuilt, or

20  assembled from parts, or combined, or is a kit car, glider

21  kit, replica, or flood vehicle, or is a nonconforming vehicle,

22  as the case may be.

23         (3)  Any person who, with intent to offer for sale or

24  exchange any vehicle referred to in subsection (1), knowingly

25  or intentionally advertises, publishes, disseminates,

26  circulates, or places before the public in any communications

27  medium, whether directly or indirectly, any offer to sell or

28  exchange the vehicle shall clearly and precisely state in each

29  such offer that the vehicle has previously been titled,

30  registered, or used as a taxicab, police vehicle, or

31  short-term-lease vehicle or that the vehicle or mobile home is

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  1  a vehicle that is rebuilt, or assembled from parts, or

  2  combined, or is a kit car, glider kit, replica, or flood

  3  vehicle, or a nonconforming vehicle, as the case may be.  Any

  4  person who violates this subsection is guilty of a misdemeanor

  5  of the second degree, punishable as provided in s. 775.082 or

  6  s. 775.083.

  7         (6)  Any person who removes a rebuilt decal from a

  8  rebuilt vehicle or who knowingly possesses a rebuilt vehicle

  9  from which a rebuilt decal has been removed commits a felony

10  of the third degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         Section 8.  Effective July 1, 2001, paragraph (b) of

13  subsection (1) of section 319.14, Florida Statutes, is amended

14  to read:

15         319.14  Sale of motor vehicles registered or used as

16  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

17  and nonconforming vehicles.--

18         (1)

19         (b)  No person shall knowingly offer for sale, sell, or

20  exchange a rebuilt vehicle until the department has stamped in

21  a conspicuous place on the certificate of title for the

22  vehicle words stating that the vehicle has been rebuilt, or

23  assembled from parts, or combined, or is a kit car, glider

24  kit, replica, or flood vehicle unless proper application for a

25  certificate of title for a vehicle that is rebuilt, or

26  assembled from parts, or combined, or is a kit car, glider

27  kit, replica, or flood vehicle has been made to the department

28  in accordance with this chapter and the department has,

29  moreover, conducted the physical examination of the vehicle to

30  assure the identification identity of the vehicle and of all

31  major component parts, as defined in s. 319.30(1)(e), which

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  1  have been repaired or replaced. Thereafter, the department

  2  shall affix a decal to the vehicle in the manner prescribed by

  3  the department, showing that the vehicle has been rebuilt.

  4         Section 9.  Subsection (3) of section 319.23, Florida

  5  Statutes, is amended to read:

  6         319.23  Application for, and issuance of, certificate

  7  of title.--

  8         (3)  If a certificate of title has not previously been

  9  issued for a motor vehicle or mobile home in this state, the

10  application, unless otherwise provided for in this chapter,

11  shall be accompanied by a proper bill of sale or sworn

12  statement of ownership, or a duly certified copy thereof, or

13  by a certificate of title, bill of sale, or other evidence of

14  ownership required by the law of the state or county from

15  which the motor vehicle or mobile home was brought into this

16  state.  The application shall also be accompanied by:

17         (a)1.  A sworn affidavit from the seller and purchaser

18  verifying that the vehicle identification number shown on the

19  affidavit is identical to the vehicle identification number

20  shown on the motor vehicle; or

21         2.  An appropriate departmental form evidencing that a

22  physical examination has been made of the motor vehicle by the

23  owner and by a duly constituted law enforcement officer in any

24  state, a licensed motor vehicle dealer, a license inspector as

25  provided by s. 320.58, or a notary public commissioned by this

26  state and that the vehicle identification number shown on such

27  form is identical to the vehicle identification number shown

28  on the motor vehicle; and

29         (b)  If the vehicle is a used car original, a sworn

30  affidavit from the owner verifying that the odometer reading

31  shown on the affidavit is identical to the odometer reading

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  1  shown on the motor vehicle in accordance with the requirements

  2  of 49 C.F.R. s. 580.5 at the time that application for title

  3  is made.  For the purposes of this section, the term "used car

  4  original" means a used vehicle coming into and being titled in

  5  this state for the first time.

  6         (c)  If the vehicle is an ancient or antique vehicle,

  7  as defined in s. 320.086, the application shall be accompanied

  8  by a certificate of title; a bill of sale and a registration;

  9  or a bill of sale and an affidavit by the owner defending the

10  title from all claims.  The bill of sale must contain a

11  complete vehicle description to include the vehicle

12  identification or engine number, year make, color, selling

13  price, and signatures of the seller and purchaser.

14

15  Verification of the vehicle identification number is not

16  required for any new motor vehicle; any mobile home; any

17  trailer or semitrailer with a net weight of less than 2,000

18  pounds; or any travel trailer, camping trailer, truck camper,

19  or fifth-wheel recreation trailer.

20         Section 10.  Subsection (4) of section 319.27, Florida

21  Statutes, is amended to read:

22         319.27  Notice of lien on motor vehicles or mobile

23  homes; notation on certificate; recording of lien.--

24         (4)(a)  Notwithstanding the provisions of subsection

25  (2), any person holding a lien for purchase money or as

26  security for a debt in the form of a security agreement,

27  retain title contract, conditional bill of sale, chattel

28  mortgage, or other similar instrument covering a motor vehicle

29  or mobile home previously titled or registered outside this

30  state upon which no Florida certificate of title has been

31  issued may use the facilities of the department for the

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  1  recording of such lien as constructive notice of such lien to

  2  creditors and purchasers of such motor vehicle or mobile home

  3  in this state provided such lienholder files a sworn notice of

  4  such lien in the department, showing the following

  5  information:

  6         1.  The date of the lien;

  7         2.  The name and address of the registered owner;

  8         3.  A description of the motor vehicle or mobile home,

  9  showing the make, type, and vehicle identification number; and

10         4.  The name and address of the lienholder.

11

12  Upon the filing of such notice of lien and the payment of the

13  fee provided in s. 319.32, the lien shall be recorded in the

14  department.

15         (a)(b)  When a Florida certificate of title is first

16  issued on a motor vehicle or mobile home previously titled or

17  registered outside this state, the department shall note on

18  the Florida certificate of title the following liens:

19         1.  Any lien shown on the application for Florida

20  certificate of title; and

21         2.  Any lien filed in the department in accordance with

22  paragraph (a); and

23         2.3.  Any lien shown on the existing certificate of

24  title issued by another state.

25         (b)(c)  When a Florida certificate of title has been

26  issued on a motor vehicle or mobile home previously titled or

27  registered outside this state, liens valid in and registered

28  under the law of the state wherein such liens were created are

29  not valid in this state unless filed and noted upon the

30  certificate of title under the provisions of this section.

31

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  1         Section 11.  Paragraph (a) of subsection (1) of section

  2  319.28, Florida Statutes, is amended to read:

  3         319.28  Transfer of ownership by operation of law.--

  4         (1)(a)  In the event of the transfer of ownership of a

  5  motor vehicle or mobile home by operation of law as upon

  6  inheritance, devise or bequest, order in bankruptcy,

  7  insolvency, replevin, attachment, execution or other judicial

  8  sale or whenever the engine of a motor vehicle is replaced by

  9  another engine or whenever a motor vehicle is sold to satisfy

10  storage or repair charges or repossession is had upon default

11  in performance of the terms of a security agreement, chattel

12  mortgage, conditional sales contract, trust receipt, or other

13  like agreement, and upon the surrender of the prior

14  certificate of title or, when that is not possible,

15  presentation of satisfactory proof to the department of

16  ownership and right of possession to such motor vehicle or

17  mobile home, and upon payment of the fee prescribed by law and

18  presentation of an application for certificate of title, the

19  department may issue to the applicant a certificate of title

20  thereto.  If the application is predicated upon a security

21  agreement, chattel mortgage, conditional sales contract, trust

22  receipt, or other like agreement, the original instrument or a

23  certified copy thereof shall accompany the application;

24  however, if an owner under a chattel mortgage voluntarily

25  surrenders possession of the motor vehicle or mobile home, the

26  original or a certified copy of the chattel mortgage shall

27  accompany the application for a certificate of title and it

28  shall not be necessary to institute proceedings in any court

29  to foreclose such mortgage.

30

31

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  1         Section 12.  Paragraphs (e) and (f) of subsection (1)

  2  and paragraph (b) of subsection (3) of section 319.30, Florida

  3  Statutes, are amended to read:

  4         319.30  Definitions; dismantling, destruction, change

  5  of identity of motor vehicle or mobile home; salvage.--

  6         (1)  As used in this section, the term:

  7         (e)  "Major component parts" means:

  8         1.  For motor vehicles other than motorcycles: the

  9  front-end assembly, fenders, hood, grill, bumper, cowl

10  assembly, rear body section, both quarter panels, decklid,

11  bumper, floor pan, door assemblies, engine, frame,

12  transmission, dashboard, hard-top roof, sunroof, t-top,

13  airbag, wheels, windshield, and interior.

14         2.  For trucks, in addition to the items specified in

15  subparagraph 1.: the truck bed.

16         3.  For motorcycles: body assembly, frame, fenders, gas

17  tanks, engine, cylinder block, heads, engine case, crank case,

18  transmission, drive train, front fork assembly, and wheels.

19         4.  For mobile homes: the frame. the front-end assembly

20  (fenders, hood, grill, and bumper); cowl assembly; rear body

21  section (both quarter panels, decklid, bumper, and floor pan);

22  door assemblies; engine; frame; or transmission.

23         (f)  "Major part" means the front-end assembly

24  (fenders, hood, grill, and bumper); cowl assembly; or rear

25  body section (both quarter panels, decklid, bumper, and floor

26  pan).

27         (3)

28         (b)  The owner of any motor vehicle or mobile home

29  which is considered to be salvage shall, within 72 hours after

30  the motor vehicle or mobile home becomes salvage, forward the

31  title to the motor vehicle or mobile home to the department

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  1  for processing. However, an insurance company which pays money

  2  as compensation for total loss of a motor vehicle or mobile

  3  home shall obtain the certificate of title for the motor

  4  vehicle or mobile home and, within 72 hours after receiving

  5  such certificate of title, shall forward such title to the

  6  department for processing. The owner or insurance company, as

  7  the case may be, may not dispose of a vehicle or mobile home

  8  that is a total loss before it has obtained a salvage

  9  certificate of title or certificate of destruction from the

10  department. When applying for a salvage certificate of title

11  or certificate of destruction, the owner or insurance company

12  must provide the department with an estimate of the costs of

13  repairing the physical and mechanical damage suffered by the

14  vehicle for which a salvage certificate of title or

15  certificate of destruction is sought. If the estimated costs

16  of repairing the physical and mechanical damage to the vehicle

17  are equal to 80 percent or more of the current retail cost of

18  the vehicle, as established in any official used car or used

19  mobile home guide, the department shall declare the vehicle

20  unrebuildable and print a certificate of destruction, which

21  authorizes the dismantling or destruction of the motor vehicle

22  or mobile home described therein. This certificate of

23  destruction shall be reassignable a maximum of two times

24  before dismantling or destruction of the vehicle shall be

25  required, and shall accompany the motor vehicle or mobile home

26  for which it is issued, when such motor vehicle or mobile home

27  is sold for such purposes, in lieu of a certificate of title,

28  and, thereafter, the department shall refuse issuance of any

29  certificate of title for that vehicle. Nothing in This

30  subsection does not apply shall be applicable when a vehicle

31  is worth less than $1,500 retail in undamaged condition in any

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  1  official used motor vehicle guide or used mobile home guide.

  2  An insurer paying a total loss claim may obtain a certificate

  3  of destruction for such vehicle. When or when a stolen motor

  4  vehicle or mobile home is recovered in substantially intact

  5  condition and is readily resalable without extensive repairs

  6  to or replacement of the frame or engine, the insurer must

  7  obtain a certificate in its own name before the vehicle may be

  8  sold or transferred. Any person who willfully and deliberately

  9  violates this paragraph or falsifies any document to avoid the

10  requirements of this paragraph commits a misdemeanor of the

11  first degree, punishable as provided in s. 775.082 or s.

12  775.083.

13         Section 13.  Subsections (1) and (2) of section

14  320.025, Florida Statutes, are amended to read:

15         320.025  Registration certificate and license plate

16  issued under fictitious name; application.--

17         (1)  A confidential registration certificate and

18  registration license plate or decal shall be issued under a

19  fictitious name only for a motor vehicle or vessel owned or

20  operated by a law enforcement agency of state, county,

21  municipal, or federal government, the Attorney General's

22  Medicaid Fraud Control Unit, or any state public defender's

23  office. The requesting agency shall file a written application

24  with the department on forms furnished by the department,

25  which includes a statement that the license plate will be used

26  for the Attorney General's Medicaid Fraud Control Unit, or law

27  enforcement or any state public defender's office activities

28  requiring concealment of publicly leased or owned motor

29  vehicles or vessels and a statement of the position

30  classifications of the individuals who are authorized to use

31  the license plate. The department may modify its records to

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  1  reflect the fictitious identity of the owner or lessee until

  2  such time as the license plate and registration certificate

  3  are surrendered to it.

  4         (2)  Except as provided in subsection (1), any motor

  5  vehicle owned or exclusively operated by the state or any

  6  county, municipality, or other governmental entity must at all

  7  times display a license plate of the type prescribed in s.

  8  320.0655. Any vessel owned or exclusively operated by the

  9  state or any county, municipality, or other governmental

10  entity must at all times display a registration number as

11  required in s. 328.56 and a vessel decal as required in s.

12  328.48(5).

13         Section 14.  Subsections (1) and (2) of section 320.05,

14  Florida Statutes, are amended to read:

15         320.05  Records of the department; inspection

16  procedure; lists and searches; fees.--

17         (1)  Except as provided in ss. s. 119.07(3) and

18  320.025(3), the department may release records as provided in

19  this section.

20         (2)  Upon receipt of an application for the

21  registration of a motor vehicle, vessel, or mobile home, as

22  herein provided for, the department shall register the motor

23  vehicle, vessel, or mobile home under the distinctive number

24  assigned to such motor vehicle, vessel, or mobile home by the

25  department. Electronic registration records shall be open to

26  the inspection of the public during business hours.

27  Information on a motor vehicle or vessel registration may not

28  be made available to a person unless the person requesting the

29  information furnishes positive proof of identification. The

30  agency that furnishes a motor vehicle or vessel registration

31  record shall record the name and address of any person other

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  1  than a representative of a law enforcement agency who requests

  2  and receives information from a motor vehicle or vessel

  3  registration record and shall also record the name and address

  4  of the person who is the subject of the inquiry or other

  5  information identifying the entity about which information is

  6  requested. A record of each such inquiry must be maintained

  7  for a period of 6 months from the date upon which the

  8  information was released to the inquirer. Nothing in this

  9  section shall prohibit any financial institution, insurance

10  company, motor vehicle dealer, licensee under chapter 493,

11  attorney, or other agency which the department determines has

12  the right to know from obtaining, for professional or business

13  use only, information in such records from the department

14  through any means of telecommunication pursuant to a code

15  developed by the department providing all fees specified in

16  subsection (3) have been paid. The department shall disclose

17  records or information to the child support enforcement agency

18  to assist in the location of individuals who owe or

19  potentially owe child support or to whom such an obligation is

20  owed pursuant to Title IV-D of the Social Security Act.

21         Section 15.  Subsection (5) of section 320.055, Florida

22  Statutes, is amended to read:

23         320.055  Registration periods; renewal periods.--The

24  following registration periods and renewal periods are

25  established:

26         (5)  For a vehicle subject to apportioned registration

27  under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the

28  registration period shall be a period of 12 months beginning

29  in a month designated by the department and ending on the last

30  day of the 12th month.  For a vehicle subject to this

31  registration period, the renewal period is the last month of

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  1  the registration period. The registration period may be

  2  shortened or extended at the discretion of the department, on

  3  receipt of the appropriate prorated fees, in order to evenly

  4  distribute such registrations on a monthly basis. For vehicles

  5  subject to registration other than vehicles apportioned under

  6  s. 320.08(4), (5)(a)1., (6)(b), or (14), the registration

  7  period begins December 1 and ends November 30. The renewal

  8  period is the 31-day period beginning December 1.

  9         Section 16.  Paragraphs (b) and (c) of subsection (1)

10  of section 320.06, Florida Statutes, are amended to read:

11         320.06  Registration certificates, license plates, and

12  validation stickers generally.--

13         (1)

14         (b)  Registration license plates bearing a graphic

15  symbol and the alphanumeric system of identification shall be

16  issued for a 5-year period. At the end of said 5-year period,

17  upon renewal, the plate shall be replaced. The fee for such

18  replacement shall be $10, $2 of which shall be paid each year

19  before the plate is replaced, to be credited towards the next

20  $10 replacement fee.  The fees shall be deposited into the

21  Highway Safety Operating Trust Fund.  A credit or refund shall

22  not be given for any prior years' payments of such prorated

23  replacement fee when the plate is replaced or surrendered

24  before the end of the 5-year period.  With each license plate,

25  there shall be issued a validation sticker showing the owner's

26  birth month, license plate number and the year of expiration,

27  or the appropriate renewal period if the owner is not a

28  natural person. The validation sticker is to be placed on the

29  upper right corner of the license plate. This validation

30  sticker shall be placed on the upper left corner of the

31  license plate and shall be issued one time during the life of

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  1  the license plate, or upon request when it has been damaged or

  2  destroyed.  There shall also be issued with each license plate

  3  a serially numbered validation sticker showing the year of

  4  expiration, which sticker shall be placed on the upper right

  5  corner of the license plate. Such license plate and validation

  6  stickers shall be issued based on the applicant's appropriate

  7  renewal period.  The registration period shall be a period of

  8  12 months, and all expirations shall occur based on the

  9  applicant's appropriate registration period.  A vehicle with

10  an apportioned registration shall be issued an annual license

11  plate and a cab card that denote the declared gross vehicle

12  weight for each apportioned jurisdiction in which the vehicle

13  is authorized to operate.

14         (c)  Registration license plates equipped with

15  validation stickers shall be valid for not more than 12 months

16  and shall expire at midnight on the last day of the

17  registration period.  For each registration period after the

18  one in which the metal registration license plate is issued,

19  and until the license plate is required to be replaced, a

20  validation sticker showing the month and year of expiration

21  shall be issued upon payment of the proper license tax amount

22  and fees and shall be valid for not more than 12 months. When

23  license plates equipped with validation stickers are issued in

24  any month other than the owner's birth month or the designated

25  registration period for any other motor vehicle, the effective

26  date shall reflect the birth month or month and the year of

27  renewal. However, when a license plate or validation sticker

28  is issued for a period of less than 12 months, the applicant

29  shall pay the appropriate amount of license tax and the

30  applicable fee under the provisions of s. 320.14 in addition

31  to all other fees.  Validation stickers issued for vehicles

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  1  taxed under the provisions of s. 320.08(6)(a), for any company

  2  which owns 250 vehicles or more, or for semitrailers taxed

  3  under the provisions of s. 320.08(5)(a), for any company which

  4  owns 50 vehicles or more, may be placed on any vehicle in the

  5  fleet so long as the vehicle receiving the validation sticker

  6  has the same owner's name and address as the vehicle to which

  7  the validation sticker was originally assigned.

  8         Section 17.  Section 320.0605, Florida Statutes, is

  9  amended to read:

10         320.0605  Certificate of registration; possession

11  required; exception.--The registration certificate or an

12  official copy thereof, a true copy of a rental or lease

13  agreement issued for a motor vehicle or issued for a

14  replacement vehicle in the same registration period, a

15  temporary receipt printed upon self-initiated electronic

16  renewal of a registration via the Internet, or a cab card

17  issued for a vehicle registered under the International

18  Registration Plan shall, at all times while the vehicle is

19  being used or operated on the roads of this state, be in the

20  possession of the operator thereof or be carried in the

21  vehicle for which issued and shall be exhibited upon demand of

22  any authorized law enforcement officer or any agent of the

23  department. The provisions of this section do not apply during

24  the first 30 days after purchase of a replacement vehicle or

25  any fleet vehicles registered under s. 320.0657. A violation

26  of this section is a noncriminal traffic infraction,

27  punishable as a nonmoving violation as provided in chapter

28  318.

29         Section 18.  Paragraphs (h) and (i) are added to

30  subsection (2) of section 320.072, Florida Statutes, to read:

31

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  1         320.072  Additional fee imposed on certain motor

  2  vehicle registration transactions.--

  3         (2)  The fee imposed by subsection (1) shall not apply

  4  to:

  5         (h)  Any license issued in the previous 10-year period

  6  from the date the transaction is being processed.

  7         (i)  Any license place issued to a vehicle taxed under

  8  s. 320.08(2), (3), or (9)(c) or (d) at any time during the

  9  previous 10-year period.

10         Section 19.  Subsection (6) of section 320.0805,

11  Florida Statutes, is amended to read:

12         320.0805  Personalized prestige license plates.--

13         (6)  A personalized prestige license plate shall be

14  issued for the exclusive continuing use of the applicant.  An

15  exact duplicate of any plate may not be issued to any other

16  applicant during the same registration period. An exact

17  duplicate may not be issued for any succeeding year unless the

18  previous owner of a specific plate relinquishes it by failure

19  to apply for renewal or reissuance after 1 year following the

20  last year of issuance for three consecutive annual

21  registration periods following the original year of issuance.

22         Section 20.  Subsection (1) of section 320.083, Florida

23  Statutes, is amended to read:

24         320.083  Amateur radio operators; special license

25  plates; fees.--

26         (1)  A person who is the owner or lessee of an

27  automobile or truck for private use, a truck weighing not more

28  than 7,999 5,000 pounds, or a recreational vehicle as

29  specified in s. 320.08(9)(c) or (d), which is not used for

30  hire or commercial use; who is a resident of the state; and

31  who holds a valid official amateur radio station license

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  1  issued by the Federal Communications Commission shall be

  2  issued a special license plate upon application, accompanied

  3  by proof of ownership of such radio station license, and

  4  payment of the following tax and fees:

  5         (a)  The license tax required for the vehicle, as

  6  prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),

  7  (c), (d), (e), or (f), or (9); and

  8         (b)  An initial additional fee of $5, and an additional

  9  fee of $1.50 thereafter.

10         Section 21.  Subsections (2) and (3) of section

11  320.089, Florida Statutes, are amended to read:

12         320.089  Members of National Guard and active United

13  States Armed Forces reservists; former prisoners of war;

14  survivors of Pearl Harbor; Purple Heart medal recipients;

15  special license plates; fee.--

16         (2)  Each owner or lessee of an automobile or truck for

17  private use, truck weighing not more than 7,999 5,000 pounds,

18  or recreational vehicle as specified in s. 320.08(9)(c) or

19  (d), which is not used for hire or commercial use, who is a

20  resident of the state and who is a former prisoner of war, or

21  their unremarried surviving spouse, shall, upon application

22  therefor to the department, be issued a license plate as

23  provided in s. 320.06, on which license plate are stamped the

24  words "Ex-POW" followed by the serial number. Each application

25  shall be accompanied by proof that the applicant meets the

26  qualifications specified in paragraph (a) or paragraph (b).

27         (a)  A citizen of the United States who served as a

28  member of the Armed Forces of the United States or the armed

29  forces of a nation allied with the United States who was held

30  as a prisoner of war at such time as the Armed Forces of the

31  United States were engaged in combat, or their unremarried

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  1  surviving spouse, may be issued the special license plate

  2  provided for in this subsection without payment of the license

  3  tax imposed by s. 320.08.

  4         (b)  A person who was serving as a civilian with the

  5  consent of the United States Government, or a person who was a

  6  member of the Armed Forces of the United States who was not a

  7  United States citizen and was held as a prisoner of war when

  8  the Armed Forces of the United States were engaged in combat,

  9  or their unremarried surviving spouse, may be issued the

10  special license plate provided for in this subsection upon

11  payment of the license tax imposed by s. 320.08.

12         (3)  Each owner or lessee of an automobile or truck for

13  private use, truck weighing not more than 7,999 5,000 pounds,

14  or recreational vehicle as specified in s. 320.08(9)(c) or

15  (d), which is not used for hire or commercial use, who is a

16  resident of this state and who is the unremarried surviving

17  spouse of a recipient of the Purple Heart medal shall, upon

18  application therefor to the department, with the payment of

19  the required fees, be issued a license plate as provided in s.

20  320.06, on which license plate are stamped the words "Purple

21  Heart" and the likeness of the Purple Heart medal followed by

22  the serial number.  Each application shall be accompanied by

23  proof that the applicant is the unremarried surviving spouse

24  of a recipient of the Purple Heart medal.

25         Section 22.  Paragraph (c) of subsection (1) and

26  subsection (7) of section 320.27, Florida Statutes, are

27  amended to read:

28         320.27  Motor vehicle dealers.--

29         (1)  DEFINITIONS.--The following words, terms, and

30  phrases when used in this section have the meanings

31

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  1  respectively ascribed to them in this subsection, except where

  2  the context clearly indicates a different meaning:

  3         (c)  "Motor vehicle dealer" means any person engaged in

  4  the business of buying, selling, or dealing in motor vehicles

  5  or offering or displaying motor vehicles for sale at wholesale

  6  or retail, or who may service and repair motor vehicles

  7  pursuant to an agreement as defined in s. 320.60(1). Any

  8  person who buys, sells, or deals in three or more motor

  9  vehicles in any 12-month period or who offers or displays for

10  sale three or more motor vehicles in any 12-month period shall

11  be prima facie presumed to be engaged in such business. The

12  terms "selling" and "sale" include lease-purchase

13  transactions. A motor vehicle dealer may, at retail or

14  wholesale, sell a recreational vehicle as described in s.

15  320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of

16  a motor vehicle, provided such acquisition is incidental to

17  the principal business of being a motor vehicle dealer.

18  However, a motor vehicle dealer may not buy a recreational

19  vehicle for the purpose of resale unless licensed as a

20  recreational vehicle dealer pursuant to s. 320.771. A motor

21  vehicle dealer may apply for a certificate of title to a motor

22  vehicle required to be registered under s. 320.08(2)(b), (c),

23  and (d), using a manufacturer's statement of origin as

24  permitted by s. 319.23(1), only if such dealer is authorized

25  by a franchised agreement as defined in s. 320.60(1), to buy,

26  sell, or deal in such vehicle and is authorized by such

27  agreement to perform delivery and preparation obligations and

28  warranty defect adjustments on the motor vehicle; provided

29  this limitation shall not apply to recreational vehicles, van

30  conversions, or any other motor vehicle manufactured on a

31  truck chassis. The transfer of a motor vehicle by a dealer not

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  1  meeting these qualifications shall be titled as a used

  2  vehicle. The classifications of motor vehicle dealers are

  3  defined as follows:

  4         1.  "Franchised motor vehicle dealer" means any person

  5  who engages in the business of repairing, servicing, buying,

  6  selling, or dealing in motor vehicles pursuant to an agreement

  7  as defined in s. 320.60(1).

  8         2.  "Independent motor vehicle dealer" means any person

  9  other than a franchised or wholesale motor vehicle dealer who

10  engages in the business of buying, selling, or dealing in

11  motor vehicles, and who may service and repair motor vehicles.

12         3.  "Wholesale motor vehicle dealer" means any person

13  who engages exclusively in the business of buying, selling, or

14  dealing in motor vehicles at wholesale or with motor vehicle

15  auctions. Such person shall be licensed to do business in this

16  state, shall not sell or auction a vehicle to any person who

17  is not a licensed dealer, and shall not have the privilege of

18  the use of dealer license plates. Any person who buys, sells,

19  or deals in motor vehicles at wholesale or with motor vehicle

20  auctions on behalf of a licensed motor vehicle dealer and as a

21  bona fide employee of such licensed motor vehicle dealer is

22  not required to be licensed as a wholesale motor vehicle

23  dealer. In such cases it shall be prima facie presumed that a

24  bona fide employer-employee relationship exists. A wholesale

25  motor vehicle dealer shall be exempt from the display

26  provisions of this section but shall maintain an office

27  wherein records are kept in order that those records may be

28  inspected.

29         4.  "Motor vehicle auction" means any person offering

30  motor vehicles or recreational vehicles for sale to the

31  highest bidder where both sellers and buyers are licensed

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  1  motor vehicle dealers. Such person shall not sell a vehicle to

  2  anyone other than a licensed motor vehicle dealer.

  3         5.  "Salvage motor vehicle dealer" means any person who

  4  engages in the business of acquiring salvaged or wrecked motor

  5  vehicles for the purpose of reselling them and their parts.

  6

  7  The term "motor vehicle dealer" does not include persons not

  8  engaged in the purchase or sale of motor vehicles as a

  9  business who are disposing of vehicles acquired for their own

10  use or for use in their business or acquired by foreclosure or

11  by operation of law, provided such vehicles are acquired and

12  sold in good faith and not for the purpose of avoiding the

13  provisions of this law; persons engaged in the business of

14  manufacturing, selling, or offering or displaying for sale at

15  wholesale or retail no more than 25 trailers in a 12-month

16  period; public officers while performing their official

17  duties; receivers; trustees, administrators, executors,

18  guardians, or other persons appointed by, or acting under the

19  judgment or order of, any court; banks, finance companies, or

20  other loan agencies that acquire motor vehicles as an incident

21  to their regular business; motor vehicle brokers; and motor

22  vehicle rental and leasing companies that sell motor vehicles

23  to motor vehicle dealers licensed under this section. Vehicles

24  owned under circumstances described in this paragraph may be

25  disposed of at retail, wholesale, or auction, unless otherwise

26  restricted. A manufacturer of fire trucks, ambulances, or

27  school buses may sell such vehicles directly to governmental

28  agencies or to persons who contract to perform or provide

29  firefighting, ambulance, or school transportation services

30  exclusively to governmental agencies without processing such

31  sales through dealers if such fire trucks, ambulances, school

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  1  buses, or similar vehicles are not presently available through

  2  motor vehicle dealers licensed by the department.

  3         (7)  CERTIFICATE OF TITLE REQUIRED.--For each used

  4  motor vehicle in the possession of a licensee and offered for

  5  sale by him or her, the licensee either shall have in his or

  6  her possession or control a duly assigned certificate of title

  7  from the owner in accordance with the provisions of chapter

  8  319, from the time when the motor vehicle is delivered to the

  9  licensee and offered for sale by him or her until it has been

10  disposed of by the licensee, or shall have reasonable indicia

11  of ownership or right of possession, or shall have made proper

12  application for a certificate of title or duplicate

13  certificate of title in accordance with the provisions of

14  chapter 319.  A motor vehicle dealer may not sell or offer for

15  sale a vehicle in his or her possession unless the dealer

16  satisfies the requirements of this subsection. Reasonable

17  indicia of ownership shall include a duly assigned certificate

18  of title; in the case of a new motor vehicle, a manufacturer's

19  certificate of origin issued to or reassigned to the dealer; a

20  consignment contract between the owner and the dealer along

21  with a secure power of attorney from the owner to the dealer

22  authorizing the dealer to apply for a duplicate certificate of

23  title and assign the title on behalf of the owner; a court

24  order awarding title to the vehicle to the dealer; a salvage

25  certificate of title; a photocopy of a duly assigned

26  certificate of title being held by a financial institution as

27  collateral for a business loan of money to the dealer ("floor

28  plan"); a copy of a canceled check or other documentation

29  evidencing that an outstanding lien on a vehicle taken in

30  trade by a licensed dealer has been satisfied and that the

31  certificate of title will be, but has not yet been, received

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  1  by the dealer; a vehicle purchase order or installment

  2  contract for a specific vehicle identifying that vehicle as a

  3  trade-in on a replacement vehicle; or a duly executed odometer

  4  disclosure statement as required by Title IV of the Motor

  5  Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.

  6  92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.

  7  100-561) and by 49 C.F.R. part 580 bearing the signatures of

  8  the titled owners of a traded-in vehicle.

  9         Section 23.  Subsection (4) of section 322.05, Florida

10  Statutes, is amended to read:

11         322.05  Persons not to be licensed.--The department may

12  not issue a license:

13         (4)  Except as provided by this subsection, to any

14  person, as a Class A licensee, Class B licensee, Class C

15  licensee, or Class D licensee, who is under the age of 18

16  years.  A person age 16 or 17 years who applies for a Class D

17  driver's license is subject to all the requirements and

18  provisions of ss. 322.09, and 322.16(2) and (3), and

19  322.05(2)(a) and (b). Any person who applies for a Class D

20  driver's license who is age 16 or 17 years must have had a

21  learner's driver's license or a driver's license for at least

22  90 days before he or she is eligible to receive a Class D

23  driver's license. The department may require of any such

24  applicant for a Class D driver's license such examination of

25  the qualifications of the applicant as the department

26  considers proper, and the department may limit the use of any

27  license granted as it considers proper.

28         Section 24.  Subsection (2) of section 322.126, Florida

29  Statutes, is amended to read:

30         322.126  Report of disability to department; content;

31  use.--

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  1         (2)  Any physician, health care professional person, or

  2  agency, or combination of two family members having knowledge

  3  of any licensed driver's or applicant's mental or physical

  4  disability to drive or need to obtain or to wear a medical

  5  identification bracelet is authorized to report such knowledge

  6  to the Department of Highway Safety and Motor Vehicles. Any

  7  person may in a sworn statement report a driver to any law

  8  enforcement agency. The law enforcement agency may investigate

  9  the basis of the report and determine if the driver should be

10  reported to the department. The report should be made in

11  writing giving the full name, date of birth, address, and a

12  description of the alleged disability of any person over 15

13  years of age having mental or physical disorders that could

14  affect his or her driving ability.

15         Section 25.  Section 322.222, Florida Statutes, is

16  created to read:

17         322.222  Right to review.--A driver may request an

18  administrative hearing to review a revocation under s.

19  322.221(3). The hearing must be held in accordance with the

20  department's administrative rules adopted under chapter 120.

21         Section 26.  Subsections (1), (3), and (10) of section

22  322.2615, Florida Statutes, are amended to read:

23         322.2615  Suspension of license; right to review.--

24         (1)(a)  A law enforcement officer or correctional

25  officer shall, on behalf of the department, suspend the

26  driving privilege of a person who has been arrested by a law

27  enforcement officer for a violation of s. 316.193, relating to

28  unlawful blood-alcohol level or breath-alcohol level, or of a

29  person who has refused to submit to a breath, urine, or blood

30  test authorized by s. 316.1932.  The officer shall take the

31  person's driver's license and issue the person a 10-day 30-day

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  1  temporary permit if the person is otherwise eligible for the

  2  driving privilege and shall issue the person a notice of

  3  suspension. If a blood test has been administered, the results

  4  of which are not available to the officer at the time of the

  5  arrest, the agency employing the officer shall transmit such

  6  results to the department within 5 days after receipt of the

  7  results.  If the department then determines that the person

  8  was arrested for a violation of s. 316.193 and that the person

  9  had a blood-alcohol level or breath-alcohol level of 0.08 or

10  higher, the department shall suspend the person's driver's

11  license pursuant to subsection (3).

12         (b)  The suspension under paragraph (a) shall be

13  pursuant to, and the notice of suspension shall inform the

14  driver of, the following:

15         1.a.  The driver refused to submit to a lawful breath,

16  blood, or urine test and his or her driving privilege is

17  suspended for a period of 1 year for a first refusal or for a

18  period of 18 months if his or her driving privilege has been

19  previously suspended as a result of a refusal to submit to

20  such a test; or

21         b.  The driver violated s. 316.193 by driving with an

22  unlawful blood-alcohol level as provided in that section and

23  his or her driving privilege is suspended for a period of 6

24  months for a first offense or for a period of 1 year if his or

25  her driving privilege has been previously suspended for a

26  violation of s. 316.193.

27         2.  The suspension period shall commence on the date of

28  arrest or issuance of the notice of suspension, whichever is

29  later.

30         3.  The driver may request a formal or informal review

31  of the suspension by the department within 10 days after the

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  1  date of arrest or issuance of the notice of suspension,

  2  whichever is later.

  3         4.  The temporary permit issued at the time of arrest

  4  will expire at midnight of the 10th 30th day following the

  5  date of arrest or issuance of the notice of suspension,

  6  whichever is later.

  7         5.  The driver may submit to the department any

  8  materials relevant to the arrest.

  9         (3)  If the department determines that the license of

10  the person arrested should be suspended pursuant to this

11  section and if the notice of suspension has not already been

12  served upon the person by a law enforcement officer or

13  correctional officer as provided in subsection (1), the

14  department shall issue a notice of suspension and, unless the

15  notice is mailed pursuant to s. 322.251, a temporary permit

16  which expires 10 30 days after the date of issuance if the

17  driver is otherwise eligible.

18         (10)  A person whose driver's license is suspended

19  under subsection (1) or subsection (3) may apply for issuance

20  of a license for business or employment purposes only if the

21  person is otherwise eligible for the driving privilege

22  pursuant to s. 322.271.

23         (a)  If the suspension of the driver's license of the

24  person for failure to submit to a breath, urine, or blood test

25  is sustained, the person is not eligible to receive a license

26  for business or employment purposes only, pursuant to s.

27  322.271, until 90 days have elapsed after the expiration of

28  the last temporary permit issued.  If the driver is not issued

29  a 10-day 30-day permit pursuant to this section or s. 322.64

30  because he or she is ineligible for the permit and the

31  suspension for failure to submit to a breath, urine, or blood

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  1  test is not invalidated by the department, the driver is not

  2  eligible to receive a business or employment license pursuant

  3  to s. 322.271 until 90 days have elapsed from the date of the

  4  suspension.

  5         (b)  If the suspension of the driver's license of the

  6  person arrested for a violation of s. 316.193, relating to

  7  unlawful blood-alcohol level, is sustained, the person is not

  8  eligible to receive a license for business or employment

  9  purposes only pursuant to s. 322.271 until 30 days have

10  elapsed after the expiration of the last temporary permit

11  issued.  If the driver is not issued a 10-day 30-day permit

12  pursuant to this section or s. 322.64 because he or she is

13  ineligible for the permit and the suspension for a violation

14  of s. 316.193, relating to unlawful blood-alcohol level, is

15  not invalidated by the department, the driver is not eligible

16  to receive a business or employment license pursuant to s.

17  322.271 until 30 days have elapsed from the date of the

18  arrest.

19         Section 27.  Subsection (5) of section 322.27, Florida

20  Statutes, is amended to read:

21         322.27  Authority of department to suspend or revoke

22  license.--

23         (5)  The department shall revoke the license of any

24  person designated a habitual offender, as set forth in s.

25  322.264, and such person shall not be eligible to be

26  relicensed for a minimum of 5 years from the date of

27  revocation, except as provided for in s. 322.271.  Any person

28  whose license is revoked may, by petition to the department,

29  show cause why his or her license should not be revoked.

30         Section 28.  Subsection (2) of section 322.28, Florida

31  Statutes, is amended to read:

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  1         322.28  Period of suspension or revocation.--

  2         (2)  In a prosecution for a violation of s. 316.193 or

  3  former s. 316.1931, the following provisions apply:

  4         (a)  Upon conviction of the driver, the court, along

  5  with imposing sentence, shall revoke the driver's license or

  6  driving privilege of the person so convicted, effective on the

  7  date of conviction, and shall prescribe the period of such

  8  revocation in accordance with the following provisions:

  9         1.  Upon a first conviction for a violation of the

10  provisions of s. 316.193, except a violation resulting in

11  death, the driver's license or driving privilege shall be

12  revoked for not less than 180 days or more than 1 year.

13         2.  Upon a second conviction within a period of 5 years

14  from the date of a prior conviction for a violation of the

15  provisions of s. 316.193 or former s. 316.1931 or a

16  combination of such sections, the driver's license or driving

17  privilege shall be revoked for not less than 5 years.

18         3.  Upon a third conviction within a period of 10 years

19  from the date of conviction of the first of three or more

20  convictions for the violation of the provisions of s. 316.193

21  or former s. 316.1931 or a combination of such sections, the

22  driver's license or driving privilege shall be revoked for not

23  less than 10 years.

24

25  For the purposes of this paragraph, a previous conviction

26  outside this state for driving under the influence, driving

27  while intoxicated, driving with an unlawful blood-alcohol

28  level, or any other alcohol-related or drug-related traffic

29  offense similar to the offense of driving under the influence

30  as proscribed by s. 316.193 will be considered a previous

31  conviction for violation of s. 316.193, and a conviction for

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  1  violation of former s. 316.028, former s. 316.1931, or former

  2  s. 860.01 is considered a conviction for violation of s.

  3  316.193.

  4         (b)  If the period of revocation was not specified by

  5  the court at the time of imposing sentence or within 30 days

  6  thereafter, and is not otherwise specified by law, the

  7  department shall forthwith revoke the driver's license or

  8  driving privilege for the maximum period applicable under

  9  paragraph (a) for a first conviction and for the minimum

10  period applicable under paragraph (a) for any subsequent

11  convictions. The driver may, within 30 days after such

12  revocation by the department, petition the court for further

13  hearing on the period of revocation, and the court may reopen

14  the case and determine the period of revocation within the

15  limits specified in paragraph (a).

16         (c)  The forfeiture of bail bond, not vacated within 20

17  days, in any prosecution for the offense of driving while

18  under the influence of alcoholic beverages, chemical

19  substances, or controlled substances to the extent of

20  depriving the defendant of his or her normal faculties shall

21  be deemed equivalent to a conviction for the purposes of this

22  paragraph, and the department shall forthwith revoke the

23  defendant's driver's license or driving privilege for the

24  maximum period applicable under paragraph (a) for a first

25  conviction and for the minimum period applicable under

26  paragraph (a) for a second or subsequent conviction; however,

27  if the defendant is later convicted of the charge, the period

28  of revocation imposed by the department for such conviction

29  shall not exceed the difference between the applicable maximum

30  for a first conviction or minimum for a second or subsequent

31  conviction and the revocation period under this subsection

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  1  that has actually elapsed; upon conviction of such charge, the

  2  court may impose revocation for a period of time as specified

  3  in paragraph (a). This paragraph does not apply if an

  4  appropriate motion contesting the forfeiture is filed within

  5  the 20-day period.

  6         (d)  When any driver's license or driving privilege has

  7  been revoked pursuant to the provisions of this section, the

  8  department shall not grant a new license, except upon

  9  reexamination of the licensee after the expiration of the

10  period of revocation so prescribed.  However, the court may,

11  in its sound discretion, issue an order of reinstatement on a

12  form furnished by the department which the person may take to

13  any driver's license examining office for reinstatement by the

14  department pursuant to s. 322.282.

15         (d)(e)  The court shall permanently revoke the driver's

16  license or driving privilege of a person who has been

17  convicted four times for violation of s. 316.193 or former s.

18  316.1931 or a combination of such sections.  The court shall

19  permanently revoke the driver's license or driving privilege

20  of any person who has been convicted of DUI manslaughter in

21  violation of s. 316.193. If the court has not permanently

22  revoked such driver's license or driving privilege within 30

23  days after imposing sentence, the department shall permanently

24  revoke the driver's license or driving privilege pursuant to

25  this paragraph.  No driver's license or driving privilege may

26  be issued or granted to any such person. This paragraph

27  applies only if at least one of the convictions for violation

28  of s. 316.193 or former s. 316.1931 was for a violation that

29  occurred after July 1, 1982.  For the purposes of this

30  paragraph, a conviction for violation of former s. 316.028,

31  former s. 316.1931, or former s. 860.01 is also considered a

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  1  conviction for violation of s. 316.193.  Also, a conviction of

  2  driving under the influence, driving while intoxicated,

  3  driving with an unlawful blood-alcohol level, or any other

  4  similar alcohol-related or drug-related traffic offense

  5  outside this state is considered a conviction for the purposes

  6  of this paragraph.

  7         Section 29.  Subsection (3) is added to section

  8  322.292, Florida Statutes, to read:

  9         322.292  DUI programs supervision; powers and duties of

10  the department.--

11         (3)  DUI programs must be operated by either

12  governmental entities or not-for-profit corporations.

13         Section 30.  Subsections (8), (9), and (10) are added

14  to section 322.61, Florida Statutes, to read:

15         322.61  Disqualification from operating a commercial

16  motor vehicle.--

17         (8)  A driver who is convicted of violating an

18  out-of-service order while driving a commercial motor vehicle

19  is disqualified as follows:

20         (a)  A driver is disqualified for not less that 90 days

21  nor more than 1 year if the driver is convicted of a first

22  violation of an out-of-service order.

23         (b)  A driver is disqualified for not less than 1 year

24  nor more than 5 years if, during any 10-year period, the

25  driver is convicted of two violations of out-of-service orders

26  in separate incidents.

27         (c)  A driver is disqualified for not less than 3 years

28  nor more than 5 years, if during any 10-year period, the

29  driver is convicted of three or more violations of

30  out-of-service orders in separate incidents.

31

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  1         (d)  A driver is disqualified for a period of not less

  2  than 180 days nor more than 2 years if the driver is convicted

  3  of a first violation of an out-of-service order while

  4  transporting hazardous materials required to be placarded

  5  under the Hazardous Materials Transportation Act (49 U.S.C.

  6  5101 et. seq.), or while operating motor vehicles designed to

  7  transport more than 15 passengers including the driver. A

  8  driver is disqualified for a period of not less than 3 years

  9  nor more than 5 years if, during any 10-year period, the

10  driver is convicted of any subsequent violations of

11  out-of-service orders, in separate incidents, while

12  transporting hazardous materials required to be placarded

13  under the Hazardous Materials Transportation Act (49 U.S.C.

14  5101 et. seq.), or while operating motor vehicles designed to

15  transport more than 15 passengers including the driver.

16         (9)  A driver who is convicted of operating a

17  commercial motor vehicle in violation of federal, state, or

18  local law or regulation pertaining to one of the following six

19  offenses at a railroad-highway grade crossing is disqualified

20  for the period of time specified in subsection (10).

21         (a)  For drivers who are not required to always stop,

22  failing to slow down and check that the tracks are clear of

23  approaching trains;

24         (b)  For drivers who are not required to always stop,

25  failing to stop before reaching the crossing if the tracks are

26  not clear;

27         (c)  For drivers who are always required to stop,

28  failing to stop before driving onto the crossing;

29         (d)  For all drivers, failing to have sufficient space

30  to drive completely through the crossing without stopping;

31

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  1         (e)  For all drivers, failing to obey a traffic control

  2  device or all the directions of an enforcement official at the

  3  crossing;

  4         (f)  For all drivers, failing to negotiate a crossing

  5  because of insufficient undercarriage clearance.

  6         (10)(a)  A driver is disqualified for not less than 60

  7  days if the driver is convicted of a first violation of a

  8  railroad-highway grade crossing violation.

  9         (b)  A driver is disqualified for not less than 120

10  days if, during any 3-year period, the driver is convicted of

11  a second railroad-highway grade crossing violation in separate

12  incidents.

13         (c)  A driver is disqualified for not less than 1 year

14  if, during any 3-year period, the driver is convicted of a

15  third or subsequent railroad-highway grade crossing violation

16  in separate incidents.

17         Section 31.  Subsections (1) and (3) of section 322.64,

18  Florida Statutes, are amended to read:

19         322.64  Holder of commercial driver's license; driving

20  with unlawful blood-alcohol level; refusal to submit to

21  breath, urine, or blood test.--

22         (1)(a)  A law enforcement officer or correctional

23  officer shall, on behalf of the department, disqualify from

24  operating any commercial motor vehicle a person who while

25  operating or in actual physical control of a commercial motor

26  vehicle is arrested for a violation of s. 316.193, relating to

27  unlawful blood-alcohol level or breath-alcohol level, or a

28  person who has refused to submit to a breath, urine, or blood

29  test authorized by s. 322.63 arising out of the operation or

30  actual physical control of a commercial motor vehicle.  Upon

31  disqualification of the person, the officer shall take the

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  1  person's driver's license and issue the person a 10-day 30-day

  2  temporary permit if the person is otherwise eligible for the

  3  driving privilege and shall issue the person a notice of

  4  disqualification.  If the person has been given a blood,

  5  breath, or urine test, the results of which are not available

  6  to the officer at the time of the arrest, the agency employing

  7  the officer shall transmit such results to the department

  8  within 5 days after receipt of the results.  If the department

  9  then determines that the person was arrested for a violation

10  of s. 316.193 and that the person had a blood-alcohol level or

11  breath-alcohol level of 0.08 or higher, the department shall

12  disqualify the person from operating a commercial motor

13  vehicle pursuant to subsection (3).

14         (b)  The disqualification under paragraph (a) shall be

15  pursuant to, and the notice of disqualification shall inform

16  the driver of, the following:

17         1.a.  The driver refused to submit to a lawful breath,

18  blood, or urine test and he or she is disqualified from

19  operating a commercial motor vehicle for a period of 1 year,

20  for a first refusal, or permanently, if he or she has

21  previously been disqualified as a result of a refusal to

22  submit to such a test; or

23         b.  The driver violated s. 316.193 by driving with an

24  unlawful blood-alcohol level and he or she is disqualified

25  from operating a commercial motor vehicle for a period of 6

26  months for a first offense or for a period of 1 year if he or

27  she has previously been disqualified, or his or her driving

28  privilege has been previously suspended, for a violation of s.

29  316.193.

30

31

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  1         2.  The disqualification period shall commence on the

  2  date of arrest or issuance of notice of disqualification,

  3  whichever is later.

  4         3.  The driver may request a formal or informal review

  5  of the disqualification by the department within 10 days after

  6  the date of arrest or issuance of notice of disqualification,

  7  whichever is later.

  8         4.  The temporary permit issued at the time of arrest

  9  or disqualification will expire at midnight of the 10th 30th

10  day following the date of disqualification.

11         5.  The driver may submit to the department any

12  materials relevant to the arrest.

13         (3)  If the department determines that the person

14  arrested should be disqualified from operating a commercial

15  motor vehicle pursuant to this section and if the notice of

16  disqualification has not already been served upon the person

17  by a law enforcement officer or correctional officer as

18  provided in subsection (1), the department shall issue a

19  notice of disqualification and, unless the notice is mailed

20  pursuant to s. 322.251, a temporary permit which expires 10 30

21  days after the date of issuance if the driver is otherwise

22  eligible.

23         Section 32.  Paragraph (b) of subsection (3) of section

24  328.01, Florida Statutes, is amended to read:

25         328.01  Application for certificate of title.--

26         (3)

27         (b)  If the application for transfer of title is based

28  upon a contractual default, the recorded lienholder shall

29  establish proof of right to ownership by submitting with the

30  application the original certificate of title and a copy of

31  the applicable contract upon which the claim of ownership is

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  1  made.  If the claim is based upon a court order or judgment, a

  2  copy of such document shall accompany the application for

  3  transfer of title.  If, on the basis of departmental records,

  4  there appears to be any other lien on the vessel, the

  5  certificate of title must contain a statement of such a lien,

  6  unless the application for a certificate of title is either

  7  accompanied by proper evidence of the satisfaction or

  8  extinction of the lien or contains a statement certifying that

  9  any lienholder named on the last-issued certificate of title

10  has been sent notice by certified mail, at least 5 days before

11  the application was filed, of the applicant's intention to

12  seek a repossessed title.  If such notice is given and no

13  written protest to the department is presented by a subsequent

14  lienholder within 15 days after the date on which the notice

15  was mailed, the certificate of title shall be issued showing

16  no liens.  If the former owner or any subsequent lienholder

17  files a written protest under oath within the 15-day period,

18  the department shall not issue the repossessed certificate for

19  10 days thereafter.  If, within the 10-day period, no

20  injunction or other order of a court of competent jurisdiction

21  has been served on the department commanding it not to deliver

22  the certificate, the department shall deliver the repossessed

23  certificate to the applicant, or as is otherwise directed in

24  the application, showing no other liens than those shown in

25  the application.

26         Section 33.  Subsection (2) of section 328.42, Florida

27  Statutes, is amended to read:

28         328.42  Suspension or denial of a vessel registration

29  due to child support delinquency; dishonored checks.--

30         (2)  The department may deny or cancel any vessel

31  registration, license plate, or fuel-use tax decal if the

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  1  owner pays for the registration, license plate, fuel-use tax

  2  decal, or any tax liability, penalty, or interest specified in

  3  chapter 207 with if the owner pays for the registration by a

  4  dishonored check.

  5         Section 34.  Section 328.56, Florida Statutes, is

  6  amended to read:

  7         328.56  Vessel registration number.--Each vessel that

  8  is used on the waters of the state must display a commercial

  9  or recreational Florida registration number, unless it is:

10         (1)  A vessel used exclusively on private lakes and

11  ponds.

12         (2)  A vessel owned by the United States Government.

13         (3)  A vessel used exclusively as a ship's lifeboat.

14         (4)  A non-motor-powered vessel.

15         (5)  A federally documented vessel.

16         (6)  A vessel already covered by a registration number

17  in full force and effect which has been awarded to it pursuant

18  to a federally approved numbering system of another state or

19  by the United States Coast Guard in a state without a

20  federally approved numbering system, if the vessel has not

21  been within this state for a period in excess of 90

22  consecutive days.

23         (7)  A vessel operating under a valid temporary

24  certificate of number.

25         (8)  A vessel from a country other than the United

26  States temporarily using the waters of this state.

27         (9)  An undocumented vessel used exclusively for

28  racing.

29         Section 35.  Subsection (4) of section 328.72, Florida

30  Statutes, is amended to read:

31

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  1         328.72  Classification; registration; fees and charges;

  2  surcharge; disposition of fees; fines; marine turtle

  3  stickers.--

  4         (4)  TRANSFER OF OWNERSHIP.--

  5         (a)  When the ownership of a registered vessel changes,

  6  an application for transfer of registration shall be filed

  7  with the county tax collector by the new owner within 30 days

  8  with a fee of $3.25.  The county tax collector shall retain

  9  $2.25 of the fee and shall remit $1 to the department. A

10  refund may not be made for any unused portion of a

11  registration period.

12         (b)  If a vessel is an antique as defined in subsection

13  (2), the application shall be accompanied by either a

14  certificate of title, a bill of sale and a registration, or a

15  bill of sale and an affidavit by the owner defending the title

16  from all claims. The bill of sale must contain a complete

17  vessel description to include the hull identification number

18  and engine number, if appropriate; the year, make, and color

19  of the vessel; the selling price; and the signatures of the

20  seller and purchaser.

21         Section 36.  Effective July 1, 2001, subsection (1) of

22  section 328.76, Florida Statutes, is amended to read:

23         328.76  Marine Resources Conservation Trust Fund;

24  vessel registration funds; appropriation and distribution.--

25         (1)  Except as otherwise specified and less $1.4

26  million for any administrative costs, which shall be deposited

27  annually in the Highway Safety Operating Trust Fund, all funds

28  collected from the registration of vessels through the

29  Department of Highway Safety and Motor Vehicles and the tax

30  collectors of the state shall be deposited in the Marine

31  Resources Conservation Trust Fund for recreational channel

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  1  marking; public launching facilities; law enforcement and

  2  quality control programs; aquatic weed control; manatee

  3  protection, recovery, rescue, rehabilitation, and release; and

  4  marine mammal protection and recovery. The funds collected

  5  pursuant to s. 328.72(1) shall be transferred as follows:

  6         (a)  In each fiscal year, an amount equal to $1.50 for

  7  each vessel registered in this state shall be transferred to

  8  the Save the Manatee Trust Fund and shall be used only for the

  9  purposes specified in s. 370.12(4).

10         (b)  Two dollars from each noncommercial vessel

11  registration fee, except that for class A-1 vessels, shall be

12  transferred to the Invasive Plant Control Trust Fund for

13  aquatic weed research and control.

14         (c)  Forty percent of the registration fees from

15  commercial vessels shall be transferred to the Invasive Plant

16  Control Trust Fund for aquatic plant research and control.

17         (d)  Forty percent of the registration fees from

18  commercial vessels shall be transferred by the Department of

19  Highway Safety and Motor Vehicles, on a monthly basis, to the

20  General Inspection Trust Fund of the Department of Agriculture

21  and Consumer Services. These funds shall be used for shellfish

22  and aquaculture law enforcement and quality control programs.

23         Section 37.  Effective July 1, 2001, subsection (1) of

24  section 328.76, Florida Statutes, is amended to read:

25         328.76  Marine Resources Conservation Trust Fund;

26  vessel registration funds; appropriation and distribution.--

27         (1)  Except as otherwise specified and less $1.4

28  million for any administrative costs, which shall be deposited

29  annually in the Highway Safety Operating Trust Fund, all funds

30  collected from the registration of vessels through the

31  Department of Highway Safety and Motor Vehicles and the tax

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  1  collectors of the state, except for those funds designated for

  2  the use of the counties pursuant to s. 328.72(1), shall be

  3  deposited in the Marine Resources Conservation Trust Fund for

  4  recreational channel marking; public launching facilities; law

  5  enforcement and quality control programs; aquatic weed

  6  control; manatee protection, recovery, rescue, rehabilitation,

  7  and release; and marine mammal protection and recovery. The

  8  funds collected pursuant to s. 328.72(1) shall be transferred

  9  as follows:

10         (a)  In each fiscal year, an amount equal to $1.50 for

11  each vessel registered in this state shall be transferred to

12  the Save the Manatee Trust Fund and shall be used only for the

13  purposes specified in s. 370.12(4).

14         (b)  Two dollars from each noncommercial vessel

15  registration fee, except that for class A-1 vessels, shall be

16  transferred to the Invasive Plant Control Trust Fund for

17  aquatic weed research and control.

18         (c)  Forty percent of the registration fees from

19  commercial vessels shall be transferred to the Invasive Plant

20  Control Trust Fund for aquatic plant research and control.

21         (d)  Forty percent of the registration fees from

22  commercial vessels shall be transferred by the Department of

23  Highway Safety and Motor Vehicles, on a monthly basis, to the

24  General Inspection Trust Fund of the Department of Agriculture

25  and Consumer Services. These funds shall be used for shellfish

26  and aquaculture law enforcement and quality control programs.

27         Section 38.  Paragraph (a) of subsection (4) of section

28  713.78, Florida Statutes, is amended to read:

29         713.78  Liens for recovering, towing, or storing

30  vehicles and documented vessels.--

31

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  1         (4)(a)  Any person regularly engaged in the business of

  2  recovering, towing, or storing vehicles or vessels who comes

  3  into possession of a vehicle or vessel pursuant to subsection

  4  (2), and who claims a lien for recovery, towing, or storage

  5  services, shall give notice to the registered owner, to the

  6  insurance company insuring the vehicle, notwithstanding the

  7  provisions of s. 627.36, and to all persons claiming a lien

  8  thereon, as disclosed by the records in the Department of

  9  Highway Safety and Motor Vehicles or of a corresponding agency

10  in any other state.

11         Section 39.  Section 715.07, Florida Statutes, is

12  amended to read:

13         715.07  Vehicles parked on private property; towing.--

14         (1)  As used in this section, the term:

15         (a)  "Vehicle" means any mobile item that which

16  normally uses wheels, whether motorized or not.

17         (b)  "Vessel" means any form of watercraft, barge, or

18  air boat used or capable of being used as a means of

19  transportation on water, other than a seaplane or a documented

20  vessel as defined in s. 327.02(8).

21         (2)  The owner or lessee of real property, or any

22  person authorized by the owner or lessee, which person may be

23  the designated representative of the condominium association

24  if the real property is a condominium, may cause any vehicle

25  or vessel parked or located on such property without her or

26  his permission to be removed by a person regularly engaged in

27  the business of towing vehicles or vessels, without liability

28  for the costs of removal, transportation, or storage or

29  damages caused by such removal, transportation, or storage,

30  under any of the following circumstances:

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  1         (a)  The towing or removal of any vehicle or vessel

  2  from private property without the consent of the registered

  3  owner or other legally authorized person in control of that

  4  vehicle or vessel is subject to strict compliance with the

  5  following conditions and restrictions:

  6         1.a.  Any towed or removed vehicle or vessel must be

  7  stored at a site within 10 miles of the point of removal in

  8  any county of 500,000 population or more, and within 15 miles

  9  of the point of removal in any county of less than 500,000

10  population. That site must be open for the purpose of

11  redemption of vehicles or vessels on any day that the person

12  or firm towing such vehicle or vessel is open for towing

13  purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall

14  have prominently posted a sign indicating a telephone number

15  where the operator of the site can be reached at all times.

16  Upon receipt of a telephoned request to open the site to

17  redeem a vehicle or vessel, the operator shall return to the

18  site within 1 hour or she or he will be in violation of this

19  section.

20         b.  If no towing business providing such service is

21  located within the area of towing limitations set forth in

22  sub-subparagraph a., the following limitations apply:  any

23  towed or removed vehicle or vessel must be stored at a site

24  within 20 miles of the point of removal in any county of

25  500,000 population or more, and within 30 miles of the point

26  of removal in any county of less than 500,000 population.

27         2.  The person or firm towing or removing the vehicle

28  or vessel shall, within 30 minutes of completion of such

29  towing or removal, notify the municipal police department or,

30  in an unincorporated area, the sheriff of such towing or

31  removal, the storage site, the time the vehicle or vessel was

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  1  towed or removed, and the make, model, color, and license

  2  plate number of the vehicle or the make, model, color, and

  3  registration number of the vessel and shall obtain the name of

  4  the person at that department to whom such information was

  5  reported and note that name on the trip record.

  6         3.  If the registered owner or other legally authorized

  7  person in control of the vehicle or vessel arrives at the

  8  scene prior to removal or towing of the vehicle or vessel, the

  9  vehicle or vessel shall be disconnected from the towing or

10  removal apparatus, and that person shall be allowed to remove

11  the vehicle or vessel without interference upon the payment of

12  a reasonable service fee of not more than one-half of the

13  posted rate for such towing service as provided in

14  subparagraph 6., for which a receipt shall be given, unless

15  that person refuses to remove the vehicle or vessel which is

16  otherwise unlawfully parked or located.

17         4.  The rebate or payment of money or any other

18  valuable consideration from the individual or firm towing or

19  removing vehicles or vessels to the owners or operators of the

20  premises from which the vehicles or vessels are towed or

21  removed, for the privilege of removing or towing those

22  vehicles or vessels, is prohibited.

23         5.  Except for property appurtenant to and obviously a

24  part of a single-family residence, and except for instances

25  when notice is personally given to the owner or other legally

26  authorized person in control of the vehicle or vessel that the

27  area in which that vehicle or vessel is parked is reserved or

28  otherwise unavailable for unauthorized vehicles or vessels and

29  subject to being removed at the owner's or operator's expense,

30  any property owner or lessee, or person authorized by the

31  property owner or lessee, prior to towing or removing any

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  1  vehicle or vessel from private property without the consent of

  2  the owner or other legally authorized person in control of

  3  that vehicle or vessel, must post a notice meeting the

  4  following requirements:

  5         a.  The notice must be prominently placed at each

  6  driveway access or curb cut allowing vehicular access to the

  7  property, within 5 feet from the public right-of-way line.  If

  8  there are no curbs or access barriers, the signs must be

  9  posted not less than one sign for each 25 feet of lot

10  frontage.

11         b.  The notice must clearly indicate, in not less than

12  2-inch high, light-reflective letters on a contrasting

13  background, that unauthorized vehicles or vessels will be

14  towed away at the owner's expense.  The words "tow-away zone"

15  must be included on the sign in not less than 4-inch high

16  letters.

17         c.  The notice must also provide the name and current

18  telephone number of the person or firm towing or removing the

19  vehicles or vessels, if the property owner, lessee, or person

20  in control of the property has a written contract with the

21  towing company.

22         d.  The sign structure containing the required notices

23  must be permanently installed with the words "tow-away zone"

24  not less than 3 feet and not more than 6 feet above ground

25  level and must be continuously maintained on the property for

26  not less than 24 hours prior to the towing or removal of any

27  vehicles or vessels.

28         e.  The local government may require permitting and

29  inspection of these signs prior to any towing or removal of

30  vehicles or vessels being authorized.

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  1         f.  A business with 20 or fewer parking spaces

  2  satisfies the notice requirements of this subparagraph by

  3  prominently displaying a sign stating "Reserved Parking for

  4  Customers Only Unauthorized Vehicles or Vessels Will be Towed

  5  Away At the Owner's Expense" in not less than 4-inch high,

  6  light-reflective letters on a contrasting background.

  7

  8  A business owner or lessee may authorize the removal of a

  9  vehicle or vessel by a towing company when the vehicle or

10  vessel is parked in such a manner that restricts the normal

11  operation of business; and if a vehicle or vessel parked on a

12  public right-of-way obstructs access to a private driveway the

13  owner, lessee, or agent may have the vehicle or vessel removed

14  by a towing company upon signing an order that the vehicle or

15  vessel be removed without a posted tow-away zone sign.

16         6.  Any person or firm that tows or removes vehicles or

17  vessels and proposes to require an owner, operator, or person

18  in control of a vehicle or vessel to pay the costs of towing

19  and storage prior to redemption of the vehicle or vessel must

20  file and keep on record with the local law enforcement agency

21  a complete copy of the current rates to be charged for such

22  services and post at the storage site an identical rate

23  schedule and any written contracts with property owners,

24  lessees, or persons in control of property which authorize

25  such person or firm to remove vehicles or vessels as provided

26  in this section.

27         7.  Any person or firm towing or removing any vehicles

28  or vessels from private property without the consent of the

29  owner or other legally authorized person in control of the

30  vehicles or vessels shall, on any trucks, wreckers as defined

31  in s. 713.78(1)(b), or other vehicles or vessels used in the

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  1  towing or removal, have the name, address, and telephone

  2  number of the company performing such service clearly printed

  3  in contrasting colors on the driver and passenger sides of the

  4  vehicle or vessel.  The name shall be in at least 3-inch

  5  permanently affixed letters, and the address and telephone

  6  number shall be in at least 1-inch permanently affixed

  7  letters.

  8         8.  Vehicle entry for the purpose of removing the

  9  vehicle or vessel shall be allowed with reasonable care on the

10  part of the person or firm towing the vehicle or vessel.  Such

11  person or firm shall be liable for any damage occasioned to

12  the vehicle or vessel if such entry is not in accordance with

13  the standard of reasonable care.

14         9.  When a vehicle or vessel has been towed or removed

15  pursuant to this section, it must be released to its owner or

16  custodian within one hour after requested.  Any vehicle or

17  vessel owner, custodian, or agent shall have the right to

18  inspect the vehicle or vessel before accepting its return, and

19  no release or waiver of any kind which would release the

20  person or firm towing the vehicle or vessel from liability for

21  damages noted by the owner or other legally authorized person

22  at the time of the redemption may be required from any vehicle

23  or vessel owner, custodian, or agent as a condition of release

24  of the vehicle or vessel to its owner.  A detailed, signed

25  receipt showing the legal name of the company or person towing

26  or removing the vehicle or vessel must be given to the person

27  paying towing or storage charges at the time of payment,

28  whether requested or not.

29         (b)  These requirements shall be the minimum standards

30  and shall not preclude enactment of additional regulations by

31  any municipality or county including the right to regulate

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    Florida Senate - 2001                                  SB 1068
    20-620A-01




  1  rates when vehicles or vessels are towed from private

  2  property.

  3         (3)  This section does not apply to law enforcement,

  4  firefighting, rescue squad, ambulance, or other emergency

  5  vehicles or vessels that which are marked as such or to

  6  property owned by any governmental entity.

  7         (4)  When a person improperly causes a vehicle or

  8  vessel to be removed, such person shall be liable to the owner

  9  or lessee of the vehicle or vessel for the cost of removal,

10  transportation, and storage; any damages resulting from the

11  removal, transportation, or storage of the vehicle or vessel;

12  attorneys' fees; and court costs.

13         (5)  Failure to make good-faith best efforts to comply

14  with the notice requirement of this section as appropriate

15  precludes the imposition of any towing or storage charges

16  against such vehicle or vessel.

17         (6)(5)(a)  Any person who violates the provisions of

18  subparagraph (2)(a)2. or subparagraph (2)(a)6. is guilty of a

19  misdemeanor of the first degree, punishable as provided in s.

20  775.082 or s. 775.083.

21         (b)  Any person who violates the provisions of

22  subparagraph (2)(a)7. is guilty of a felony of the third

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

24  s. 775.084.

25         Section 40.  Subsection (3) is added to section 832.09,

26  Florida Statutes, to read:

27         832.09  Suspension of driver license after warrant or

28  capias is issued in worthless check case.--

29         (3)  The Department of Highway Safety and Motor

30  Vehicles shall create a standardized form to be distributed to

31  the clerk of the circuit court in each county for the purpose

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    Florida Senate - 2001                                  SB 1068
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  1  of notifying the department that a person has satisfied the

  2  requirements of the court. Notices of compliance with the

  3  court's requirements shall be on the standardized form

  4  provided by the department.

  5         Section 41.  Except as otherwise expressly provided in

  6  this act, this act shall take effect October 1, 2001.

  7

  8            *****************************************

  9                          SENATE SUMMARY

10    Revises various provisions of law relating to the
      administration of highway safety regulations under the
11    jurisdiction of the Department of Highway Safety and
      Motor Vehicles. Revises various provisions of law
12    relating to the operation of motor vehicles and vessels.
      (See bill for details.)
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