Senate Bill sb1068c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
By the Committee on Transportation and Senator Sebesta
306-1681-01
1 A bill to be entitled
2 An act relating to highway safety, motor
3 vehicles, and vessels; amending s. 316.003,
4 F.S.; defining the term "motorized scooter";
5 amending s. 316.1945, F.S.; revising provisions
6 relating to the parking of vehicles in
7 specified areas; amending s. 316.1951, F.S.;
8 revising provisions regulating removal of
9 certain unlawfully parked vehicles; amending s.
10 316.1975, F.S.; revising provisions relating to
11 unattended motor vehicles; amending s.
12 316.2065, F.S.; providing motorized scooter
13 operating regulations; amending s. 316.228,
14 F.S.; revising provisions relating to the use
15 of lamps on vehicles transporting certain
16 loads; amending s. 316.520, F.S.; revising
17 penalties for violation of load limits on
18 vehicles; exempting certain vehicles carrying
19 agricultural products from load limits;
20 amending s. 316.640, F.S.; revising the powers
21 and duties of traffic crash investigation
22 officers; amending s. 318.1451, F.S.; requiring
23 governmental entities and courts to maintain
24 information on driver improvement schools;
25 revising the duties of the Department of
26 Highway Safety and Motor Vehicles; amending s.
27 319.001, F.S.; revising definitions with
28 respect to component parts of motor vehicles;
29 amending s. 319.14, F.S.; revising provisions
30 relating to the sale of certain vehicles;
31 authorizing the Department of Highway Safety
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 and Motor Vehicles to affix a decal on rebuilt
2 vehicles; redefining the term "assembled from
3 parts" and deleting the term "combined";
4 providing a penalty for the removal of decals
5 designating rebuilt vehicles; amending s.
6 319.23, F.S.; revising provisions relating to
7 the transfer of ownership of an antique
8 vehicle; amending s. 319.27, F.S.; revising
9 provisions with respect to the filing of liens
10 on motor vehicles and mobile homes; amending s.
11 319.28, F.S.; revising requirements relating to
12 the transfer of ownership by operation of law;
13 amending s. 319.30, F.S.; redefining the terms
14 "major component part"; providing standards for
15 the sale of certain vehicles; amending s.
16 320.01, F.S.; providing that a motorized
17 scooter is not a motor vehicle for registration
18 purposes; conforming the length limitation for
19 a motor home to that established in s. 316.515,
20 F.S.; amending s. 320.023, F.S.; conforming
21 provisions to the Florida Single Audit Act;
22 amending s. 320.025, F.S.; revising provisions
23 relating to the issuance of confidential
24 registration certificates and license plates;
25 amending s. 320.05, F.S.; revising provisions
26 relating to vessel registration records;
27 amending s. 320.055, F.S.; revising
28 registration periods for certain vehicles;
29 amending s. 320.06, F.S.; providing for the
30 placement of registration validation stickers;
31 amending s. 320.0605, F.S.; revising provisions
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 relating to fleet vehicles and registration
2 certificates; amending s. 320.072, F.S.;
3 revising provisions relating to the exemption
4 of certain registration fees; amending s.
5 320.0805, F.S.; revising provisions relating to
6 the issuance of personalized license plates;
7 amending s. 320.08056, F.S.; providing for the
8 exemption of certain collegiate specialty
9 license plates from sales requirements;
10 amending s. 320.08062, F.S.; conforming
11 provisions to the Florida Single Audit Act;
12 amending s. 320.083, F.S.; revising vehicle
13 weight restrictions relating to the amateur
14 radio operator's license plate; amending s.
15 320.089, F.S.; revising vehicle weight
16 restrictions relating to the Ex-POW and Purple
17 Heart license plates; amending s. 320.18, F.S.;
18 providing for cancellation of a license and
19 fuel use decal for failure to pay motor carrier
20 weight and safety violation penalties; amending
21 s. 320.27, F.S.; redefining the term "motor
22 vehicle auction"; revising requirements
23 relating to motor vehicle dealers; defining the
24 term "bona fide employee"; revising grounds for
25 denial, suspension, or revocation of a dealer
26 license; amending s. 322.01, F.S.; providing
27 that a motorized scooter is not a motor vehicle
28 for driver's licensing purposes; amending s.
29 322.0261, F.S.; requiring the department to
30 regulate and approve certain courses for driver
31 improvement schools; amending s. 322.05, F.S.;
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 conforming a statutory cross-reference;
2 amending s. 322.081, F.S.; conforming
3 provisions to the Florida Single Audit Act;
4 amending s. 322.095, F.S.; requiring the
5 Department to approve and regulate certain
6 courses for driver improvement schools;
7 amending s. 322.126, F.S.; revising provisions
8 relating to the reporting of a disability to
9 the department; creating s. 322.222, F.S.;
10 authorizing the department to conduct hearings
11 for medical review cases; amending s. 322.2615,
12 F.S.; revising provisions relating to temporary
13 driving permits; amending s. 322.27, F.S.;
14 revising provisions relating to the revocation
15 of license for habitual traffic offenders;
16 amending s. 322.28, F.S.; deleting obsolete
17 provisions; repealing s. 322.282, F.S., which
18 prescribes procedures governing certain
19 court-ordered reinstatements of a driver's
20 license or driving privilege; amending s.
21 322.292, F.S.; revising requirements relating
22 to the operation of DUI programs; repealing s.
23 322.331, F.S., relating to the restoration of
24 the license of habitual traffic offenders;
25 amending s. 322.61, F.S.; revising provisions
26 relating to the disqualification from operating
27 a commercial motor vehicle; amending s. 322.64,
28 F.S.; revising provisions relating to
29 commercial vehicle operators and driving under
30 the influence; amending s. 324.091, F.S.;
31 providing for electronic access to vehicle
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 insurance information; amending s. 328.01,
2 F.S.; revising requirements relating to the
3 application for certificate of title; amending
4 s. 328.42, F.S.; revising provisions relating
5 to the payment of certain transactions by
6 dishonored check; amending s. 328.56, F.S.;
7 revising provisions relating to the display of
8 vessel registration numbers; amending s.
9 328.72, F.S.; revising requirements relating to
10 the transfer of an antique vessel; amending s.
11 328.76, F.S.; providing for an annual
12 appropriation to the Highway Safety Operating
13 Trust Fund; amending s. 681.1096, F.S.;
14 extending the pilot program an additional
15 period; amending s. 681.1097, F.S.; providing
16 for technical corrections to an arbitrator's
17 decision; prescribing guidelines for appealing
18 an arbitrator's decision; amending s. 713.78,
19 F.S.; providing for the notification of
20 insurers when a vehicle is towed; revising
21 requirements for selling an unclaimed vehicle
22 or vessel; repealing s. 715.05, F.S., relating
23 to the reporting of unclaimed motor vehicles;
24 amending s. 715.07, F.S.; redefining the term
25 "vessel"; providing for the removal of
26 undocumented vessels from private property;
27 amending s. 832.09, F.S.; providing for the use
28 of a standardized form in reporting certain
29 information to the department; providing
30 effective dates.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsection (21) of section 316.003, Florida
4 Statutes, is amended, and subsection (82) is added to that
5 section, to read:
6 316.003 Definitions.--The following words and phrases,
7 when used in this chapter, shall have the meanings
8 respectively ascribed to them in this section, except where
9 the context otherwise requires:
10 (21) MOTOR VEHICLE.--Any self-propelled vehicle not
11 operated upon rails or guideway, but not including any
12 bicycle, motorized scooter, or moped.
13 (82) MOTORIZED SCOOTER.--Any vehicle not having a seat
14 or saddle for the use of the rider and designed to travel on
15 not more than three wheels, and not capable of propelling the
16 vehicle at a speed greater than 30 miles per hour on level
17 ground.
18 Section 2. Paragraph (a) of subsection (1) of section
19 316.1945, Florida Statutes, is amended to read:
20 316.1945 Stopping, standing, or parking prohibited in
21 specified places.--
22 (1) Except when necessary to avoid conflict with other
23 traffic, or in compliance with law or the directions of a
24 police officer or official traffic control device, no person
25 shall:
26 (a) Stop, stand, or park a vehicle:
27 1. On the roadway side of any vehicle stopped or
28 parked at the edge or curb of a street.
29 2. On a sidewalk.
30 3. Within an intersection.
31 4. On a crosswalk.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 5. Between a safety zone and the adjacent curb or
2 within 30 feet of points on the curb immediately opposite the
3 ends of a safety zone, unless the Department of Transportation
4 indicates a different length by signs or markings.
5 6. Alongside or opposite any street excavation or
6 obstruction when stopping, standing, or parking would obstruct
7 traffic.
8 7. Upon any bridge or other elevated structure upon a
9 highway or within a highway tunnel.
10 8. On any railroad tracks.
11 9. On a bicycle path.
12 10. At any place where official traffic control
13 devices prohibit stopping.
14 11. On the roadway or shoulder of a limited access
15 facility, except as provided by regulation of the Department
16 of Transportation, or on the paved portion of a connecting
17 ramp; except that a vehicle which is disabled or in a
18 condition improper to be driven as a result of mechanical
19 failure or crash may be parked on such shoulder for a period
20 not to exceed 6 hours. This provision is not applicable to a
21 person stopping a vehicle to render aid to an injured person
22 or assistance to a disabled vehicle in obedience to the
23 directions of a law enforcement officer or to a person
24 stopping a vehicle in compliance with applicable traffic laws.
25 12. For the purpose of loading or unloading a
26 passenger on the paved roadway or shoulder of a limited access
27 facility or on the paved portion of any connecting ramp. This
28 provision is not applicable to a person stopping a vehicle to
29 render aid to an injured person or assistance to a disabled
30 vehicle.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 13. Within a roadway, to include the paved or unpaved
2 median, in areas not designated for parking.
3 Section 3. Subsection (4) of section 316.1951, Florida
4 Statutes, as amended by section 45 of chapter 2000-17, Laws of
5 Florida, is amended to read:
6 316.1951 Parking for certain purposes prohibited.--
7 (4) A law enforcement officer, compliance examiner, or
8 license inspector, or supervisor of the department, as
9 authorized in s. 320.58(1)(a), may cause to be removed at the
10 owner's expense any motor vehicle found upon a public street,
11 public parking lot, other public property, or private
12 property, where the public has the right to travel by motor
13 vehicle, which is in violation of subsection (1). Every
14 written notice issued pursuant to this section shall be
15 affixed in a conspicuous place upon a vehicle by a law
16 enforcement officer, compliance examiner, or license
17 inspector, or supervisor of the department. Any vehicle found
18 in violation of subsection (1) within 10 days after a previous
19 violation and written notice shall be subject to immediate
20 removal without an additional waiting period.
21 Section 4. Subsection (2) of section 316.1975, Florida
22 Statutes, is amended to read:
23 316.1975 Unattended motor vehicle.--
24 (2) This section does not apply to the operator of:
25 (a) An authorized emergency vehicle while in the
26 performance of official duties and the vehicle is equipped
27 with an activated antitheft device that prohibits the vehicle
28 from being driven; or
29 (b) A licensed delivery truck or other delivery
30 vehicle while making deliveries.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (c) A solid waste or recovered materials vehicle while
2 collecting such items.
3 Section 5. Section 316.2065, Florida Statutes, is
4 amended to read:
5 316.2065 Bicycle and motorized scooter regulations.--
6 (1) Every person propelling a vehicle by human power,
7 or operating a motorized scooter as defined in s. 316.003, has
8 all of the rights and all of the duties applicable to the
9 driver of any other vehicle under this chapter, except as to
10 special regulations in this chapter, and except as to
11 provisions of this chapter which by their nature can have no
12 application.
13 (2) A person operating a bicycle may not ride other
14 than upon or astride a permanent and regular seat attached
15 thereto.
16 (3)(a) A bicycle may not be used to carry more persons
17 at one time than the number for which it is designed or
18 equipped, except that an adult rider may carry a child
19 securely attached to his or her person in a backpack or sling.
20 (b) Except as provided in paragraph (a), a bicycle
21 rider must carry any passenger who is a child under 4 years of
22 age, or who weighs 40 pounds or less, in a seat or carrier
23 that is designed to carry a child of that age or size and that
24 secures and protects the child from the moving parts of the
25 bicycle.
26 (c) A bicycle rider may not allow a passenger to
27 remain in a child seat or carrier on a bicycle when the rider
28 is not in immediate control of the bicycle.
29 (d) A bicycle rider or passenger who is under 16 years
30 of age must wear a bicycle helmet that is properly fitted and
31 is fastened securely upon the passenger's head by a strap, and
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 that meets the standards of the American National Standards
2 Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
3 standards of the Snell Memorial Foundation (1984 Standard for
4 Protective Headgear for Use in Bicycling), or any other
5 nationally recognized standards for bicycle helmets adopted by
6 the department. As used in this subsection, the term
7 "passenger" includes a child who is riding in a trailer or
8 semitrailer attached to a bicycle.
9 (e) Law enforcement officers and school crossing
10 guards may issue a bicycle safety brochure and a verbal
11 warning to a bicycle rider or passenger who violates this
12 subsection. A bicycle rider or passenger who violates this
13 subsection may be issued a citation by a law enforcement
14 officer and assessed a fine for a pedestrian violation, as
15 provided in s. 318.18. The court shall dismiss the charge
16 against a bicycle rider or passenger for a first violation of
17 paragraph (d) upon proof of purchase of a bicycle helmet that
18 complies with this subsection.
19 (f) A person operating a motorized scooter may not
20 carry passengers.
21 (4) No person riding upon any bicycle, coaster, roller
22 skates, sled, motorized scooter, or toy vehicle may attach the
23 same or himself or herself to any vehicle upon a roadway. This
24 subsection does not prohibit attaching a bicycle trailer or
25 bicycle semitrailer to a bicycle if that trailer or
26 semitrailer is commercially available and has been designed
27 for such attachment.
28 (5)(a) Any person operating a bicycle upon a roadway
29 at less than the normal speed of traffic at the time and place
30 and under the conditions then existing shall ride as close as
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 practicable to the right-hand curb or edge of the roadway
2 except under any of the following situations:
3 1. When overtaking and passing another bicycle,
4 motorized scooter, or vehicle proceeding in the same
5 direction.
6 2. When preparing for a left turn at an intersection
7 or into a private road or driveway.
8 3. When reasonably necessary to avoid any condition,
9 including, but not limited to, a fixed or moving object,
10 parked or moving vehicle, bicycle, motorized scooter,
11 pedestrian, animal, surface hazard, or substandard-width lane,
12 that makes it unsafe to continue along the right-hand curb or
13 edge. For the purposes of this subsection, a
14 "substandard-width lane" is a lane that is too narrow for a
15 bicycle or motorized scooter and another vehicle to travel
16 safely side by side within the lane.
17 (b) Any person operating a bicycle or motorized
18 scooter upon a one-way highway with two or more marked traffic
19 lanes may ride as near the left-hand curb or edge of such
20 roadway as practicable.
21 (6) Persons riding bicycles or motorized scooters upon
22 a roadway may not ride more than two abreast except on paths
23 or parts of roadways set aside for the exclusive use of
24 bicycles. Persons riding two abreast may not impede traffic
25 when traveling at less than the normal speed of traffic at the
26 time and place and under the conditions then existing and
27 shall ride within a single lane.
28 (7) Any person operating a bicycle or motorized
29 scooter shall keep at least one hand upon the handlebars.
30 (8) Every bicycle or motorized scooter in use between
31 sunset and sunrise shall be equipped with a lamp on the front
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 exhibiting a white light visible from a distance of at least
2 500 feet to the front and a lamp and reflector on the rear
3 each exhibiting a red light visible from a distance of 600
4 feet to the rear. A bicycle or motorized scooter its rider
5 may be equipped with lights or reflectors in addition to those
6 required by this section.
7 (9) No parent of any minor child and no guardian of
8 any minor ward may authorize or knowingly permit any such
9 minor child or ward to violate any of the provisions of this
10 section.
11 (10) A person propelling a vehicle by human power or
12 operating a motorized scooter upon and along a sidewalk, or
13 across a roadway upon and along a crosswalk, has all the
14 rights and duties applicable to a pedestrian under the same
15 circumstances.
16 (11) A person propelling a bicycle upon and along a
17 sidewalk, or across a roadway upon and along a crosswalk,
18 shall yield the right-of-way to any pedestrian and shall give
19 an audible signal before overtaking and passing such
20 pedestrian.
21 (12) No person upon roller skates, or riding in or by
22 means of any coaster, toy vehicle, or similar device, may go
23 upon any roadway except while crossing a street on a
24 crosswalk; and, when so crossing, such person shall be granted
25 all rights and shall be subject to all of the duties
26 applicable to pedestrians.
27 (13) This section shall not apply upon any street
28 while set aside as a play street authorized herein or as
29 designated by state, county, or municipal authority.
30 (14) Every bicycle or motorized scooter shall be
31 equipped with a brake or brakes which will enable its rider to
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 stop the bicycle within 25 feet from a speed of 10 miles per
2 hour on dry, level, clean pavement.
3 (15) A person engaged in the business of selling
4 bicycles or motorized scooters at retail shall not sell such
5 any bicycle or motorized scooter unless it the bicycle has an
6 identifying number permanently stamped or cast on its frame.
7 (16)(a) A person may not knowingly rent or lease any
8 bicycle to be ridden by a child who is under the age of 16
9 years unless:
10 1. The child possesses a bicycle helmet; or
11 2. The lessor provides a bicycle helmet for the child
12 to wear.
13 (b) A violation of this subsection is a nonmoving
14 violation, punishable as provided in s. 318.18.
15 (17) The court may waive, reduce, or suspend payment
16 of any fine imposed under subsection (3) or subsection (16)
17 and may impose any other conditions on the waiver, reduction,
18 or suspension. If the court finds that a person does not have
19 sufficient funds to pay the fine, the court may require the
20 performance of a specified number of hours of community
21 service or attendance at a safety seminar.
22 (18) Notwithstanding s. 318.21, all proceeds collected
23 pursuant to s. 318.18 for violations under paragraphs (3)(e)
24 and (16)(b) shall be deposited into the State Transportation
25 Trust Fund.
26 (19) The failure of a person to wear a bicycle helmet
27 or the failure of a parent or guardian to prevent a child from
28 riding a bicycle without a bicycle helmet may not be
29 considered evidence of negligence or contributory negligence.
30 (20) Except as otherwise provided in this section, a
31 violation of this section is a noncriminal traffic infraction,
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 punishable as a pedestrian violation as provided in chapter
2 318. A law enforcement officer may issue traffic citations for
3 a violation of subsection (3) or subsection (16) only if the
4 violation occurs on a bicycle path or road, as defined in s.
5 334.03. However, they may not issue citations to persons on
6 private property, except any part thereof which is open to the
7 use of the public for purposes of vehicular traffic.
8 Section 6. Subsection (2) of section 316.228, Florida
9 Statutes, is amended to read:
10 316.228 Lamps or flags on projecting load.--
11 (2) Any commercial motor vehicle or trailer, except as
12 stated in s. 316.515(7), transporting a load of unprocessed
13 logs, or long pulpwood, poles, or posts which load extends
14 extend more than 4 feet beyond the rear of the body or bed of
15 such vehicle, must have securely fixed as close as practical
16 to the end of any such projection one amber strobe-type lamp
17 equipped with a multidirectional type lens so mounted as to be
18 visible from the rear and both sides of the projecting load.
19 If the mounting of one strobe lamp cannot be accomplished so
20 that it is visible from the rear and both sides of the
21 projecting load, multiple strobe lights must be used to meet
22 the visibility requirements of this subsection. The strobe
23 lamp must flash at a rate of at least 60 flashes per minute
24 and must be plainly visible from a distance of at least 500
25 feet to the rear and sides of the projecting load at any time
26 of the day or night. The lamp must be operating at any time of
27 the day or night when the vehicle is operated on any highway
28 or parked on the shoulder or immediately adjacent to the
29 traveled portion of any public roadway. The projecting load
30 must also be marked with a red flag as described in subsection
31 (1).
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Section 7. Section 316.520, Florida Statutes, is
2 amended to read:
3 316.520 Loads on vehicles.--
4 (1) A vehicle may not be driven or moved on any
5 highway unless the vehicle is so constructed or loaded as to
6 prevent any of its load from dropping, shifting, leaking,
7 blowing, or otherwise escaping therefrom, except that sand may
8 be dropped only for the purpose of securing traction or water
9 or other substance may be sprinkled on a roadway in cleaning
10 or maintaining the roadway.
11 (2) It is the duty of every owner and driver,
12 severally, of any vehicle hauling, upon any public road or
13 highway open to the public, dirt, sand, lime rock, gravel,
14 silica, or other similar aggregate or trash, garbage, or any
15 similar material that could fall or blow from such vehicle, to
16 prevent such materials from falling, blowing, or in any way
17 escaping from such vehicle. Covering and securing the load
18 with a close-fitting tarpaulin or other appropriate cover is
19 required.
20 (3) A violation of this section is a noncriminal
21 traffic infraction, punishable as a moving nonmoving violation
22 as provided in chapter 318.
23 (4) This section does not apply to vehicles carrying
24 agricultural products locally from a field harvest site to a
25 farm storage site or to a farm feed lot on roads where the
26 posted speed limit is 55 miles per hour or less and the
27 distance driven on public roads is less than 10 miles.
28 Section 8. Subsections (1), (2), and (3) of section
29 316.640, Florida Statutes, are amended to read:
30 316.640 Enforcement.--The enforcement of the traffic
31 laws of this state is vested as follows:
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (1) STATE.--
2 (a)1.
3 a. The Division of Florida Highway Patrol of the
4 Department of Highway Safety and Motor Vehicles, the Division
5 of Law Enforcement of the Fish and Wildlife Conservation
6 Commission, the Division of Law Enforcement of the Department
7 of Environmental Protection, and law enforcement officers of
8 the Department of Transportation each have authority to
9 enforce all of the traffic laws of this state on all the
10 streets and highways thereof and elsewhere throughout the
11 state wherever the public has a right to travel by motor
12 vehicle. The Division of the Florida Highway Patrol may employ
13 as a traffic accident investigation officer any individual who
14 successfully completes at least 200 hours of instruction in
15 traffic accident investigation and court presentation through
16 the Selective Traffic Enforcement Program as approved by the
17 Criminal Justice Standards and Training Commission and funded
18 through the National Highway Traffic Safety Administration or
19 a similar program approved by the commission, but who does not
20 necessarily meet the uniform minimum standards established by
21 the commission for law enforcement officers or auxiliary law
22 enforcement officers under chapter 943. Any such traffic
23 accident investigation officer who makes an investigation at
24 the scene of a traffic accident may issue traffic citations,
25 based upon personal investigation, when he or she has
26 reasonable and probable grounds to believe that a person who
27 was involved in the accident committed an offense under this
28 chapter, chapter 319, chapter 320, or chapter 322 in
29 connection with the accident. This paragraph does not permit
30 the carrying of firearms or other weapons, nor do such
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 officers have arrest authority other than for the issuance of
2 a traffic citation as authorized in this paragraph.
3 b. University police officers shall have authority to
4 enforce all of the traffic laws of this state when such
5 violations occur on or about any property or facilities that
6 are under the guidance, supervision, regulation, or control of
7 the State University System, except that traffic laws may be
8 enforced off-campus when hot pursuit originates on-campus.
9 c. Community college police officers shall have the
10 authority to enforce all the traffic laws of this state only
11 when such violations occur on any property or facilities that
12 are under the guidance, supervision, regulation, or control of
13 the community college system.
14 d. Police officers employed by an airport authority
15 shall have the authority to enforce all of the traffic laws of
16 this state only when such violations occur on any property or
17 facilities that are owned or operated by an airport authority.
18 (I) An airport authority may employ as a parking
19 enforcement specialist any individual who successfully
20 completes a training program established and approved by the
21 Criminal Justice Standards and Training Commission for parking
22 enforcement specialists but who does not otherwise meet the
23 uniform minimum standards established by the commission for
24 law enforcement officers or auxiliary or part-time officers
25 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
26 construed to permit the carrying of firearms or other weapons,
27 nor shall such parking enforcement specialist have arrest
28 authority.
29 (II) A parking enforcement specialist employed by an
30 airport authority is authorized to enforce all state, county,
31 and municipal laws and ordinances governing parking only when
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 such violations are on property or facilities owned or
2 operated by the airport authority employing the specialist, by
3 appropriate state, county, or municipal traffic citation.
4 e. The Office of Agricultural Law Enforcement of the
5 Department of Agriculture and Consumer Services shall have the
6 authority to enforce traffic laws of this state only as
7 authorized by the provisions of chapter 570. However, nothing
8 in this section shall expand the authority of the Office of
9 Agricultural Law Enforcement at its agricultural inspection
10 stations to issue any traffic tickets except those traffic
11 tickets for vehicles illegally passing the inspection station.
12 f. School safety officers shall have the authority to
13 enforce all of the traffic laws of this state when such
14 violations occur on or about any property or facilities which
15 are under the guidance, supervision, regulation, or control of
16 the district school board.
17 2. An agency of the state as described in subparagraph
18 1. is prohibited from establishing a traffic citation quota. A
19 violation of this subparagraph is not subject to the penalties
20 provided in chapter 318.
21 3. Any disciplinary action taken or performance
22 evaluation conducted by an agency of the state as described in
23 subparagraph 1. of a law enforcement officer's traffic
24 enforcement activity must be in accordance with written
25 work-performance standards. Such standards must be approved by
26 the agency and any collective bargaining unit representing
27 such law enforcement officer. A violation of this subparagraph
28 is not subject to the penalties provided in chapter 318.
29 (b)1. The Department of Transportation has authority
30 to enforce on all the streets and highways of this state all
31 laws applicable within its authority.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 2.a. The Department of Transportation shall develop
2 training and qualifications standards for toll enforcement
3 officers whose sole authority is to enforce the payment of
4 tolls pursuant to s. 316.1001. Nothing in this subparagraph
5 shall be construed to permit the carrying of firearms or other
6 weapons, nor shall a toll enforcement officer have arrest
7 authority.
8 b. For the purpose of enforcing s. 316.1001,
9 governmental entities, as defined in s. 334.03, which own or
10 operate a toll facility may employ independent contractors or
11 designate employees as toll enforcement officers; however, any
12 such toll enforcement officer must successfully meet the
13 training and qualifications standards for toll enforcement
14 officers established by the Department of Transportation.
15 (2) COUNTIES.--
16 (a) The sheriff's office of each of the several
17 counties of this state shall enforce all of the traffic laws
18 of this state on all the streets and highways thereof and
19 elsewhere throughout the county wherever the public has the
20 right to travel by motor vehicle. In addition, the sheriff's
21 office may be required by the county to enforce the traffic
22 laws of this state on any private or limited access road or
23 roads over which the county has jurisdiction pursuant to a
24 written agreement entered into under s. 316.006(3)(b).
25 (b) The sheriff's office of each county may employ as
26 a traffic crash investigation officer any individual who
27 successfully completes at least 200 hours of instruction in
28 traffic crash investigation and court presentation through the
29 Selective Traffic Enforcement Program (STEP) as approved by
30 the Criminal Justice Standards and Training Commission and
31 funded through the National Highway Traffic Safety
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Administration (NHTSA) or a similar program approved by the
2 commission, but who does not necessarily otherwise meet the
3 uniform minimum standards established by the commission for
4 law enforcement officers or auxiliary law enforcement officers
5 under chapter 943. Any such traffic crash investigation
6 officer who makes an investigation at the scene of a traffic
7 crash may issue traffic citations when, based upon personal
8 investigation, he or she has reasonable and probable grounds
9 to believe that a person who was involved in the accident has
10 committed an offense under this chapter, chapter 319, chapter
11 320, or chapter 322 in connection with the accident crash.
12 This paragraph does not permit the carrying of firearms or
13 other weapons, nor do such officers have arrest authority
14 other than for the issuance of a traffic citation as
15 authorized in this paragraph.
16 (c) The sheriff's office of each of the several
17 counties of this state may employ as a parking enforcement
18 specialist any individual who successfully completes a
19 training program established and approved by the Criminal
20 Justice Standards and Training Commission for parking
21 enforcement specialists, but who does not necessarily
22 otherwise meet the uniform minimum standards established by
23 the commission for law enforcement officers or auxiliary or
24 part-time officers under s. 943.12.
25 1. A parking enforcement specialist employed by the
26 sheriff's office of each of the several counties of this state
27 is authorized to enforce all state and county laws,
28 ordinances, regulations, and official signs governing parking
29 within the unincorporated areas of the county by appropriate
30 state or county citation and may issue such citations for
31 parking in violation of signs erected pursuant to s.
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 316.006(3) at parking areas located on property owned or
2 leased by a county, whether or not such areas are within the
3 boundaries of a chartered municipality.
4 2. A parking enforcement specialist employed pursuant
5 to this subsection shall not carry firearms or other weapons
6 or have arrest authority.
7 (3) MUNICIPALITIES.--
8 (a) The police department of each chartered
9 municipality shall enforce the traffic laws of this state on
10 all the streets and highways thereof and elsewhere throughout
11 the municipality wherever the public has the right to travel
12 by motor vehicle. In addition, the police department may be
13 required by a municipality to enforce the traffic laws of this
14 state on any private or limited access road or roads over
15 which the municipality has jurisdiction pursuant to a written
16 agreement entered into under s. 316.006(2)(b). However,
17 nothing in this chapter shall affect any law, general,
18 special, or otherwise, in effect on January 1, 1972, relating
19 to "hot pursuit" without the boundaries of the municipality.
20 (b) The police department of a chartered municipality
21 may employ as a traffic crash investigation officer any
22 individual who successfully completes at least 200 hours of
23 instruction in traffic crash investigation and court
24 presentation through the Selective Traffic Enforcement Program
25 (STEP) as approved by the Criminal Justice Standards and
26 Training Commission and funded through the National Highway
27 Traffic Safety Administration (NHTSA) or a similar program
28 approved by the commission, but who does not otherwise meet
29 the uniform minimum standards established by the commission
30 for law enforcement officers or auxiliary law enforcement
31 officers under chapter 943. Any such traffic crash
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 investigation officer who makes an investigation at the scene
2 of a traffic accident may crash is authorized to issue traffic
3 citations when, based upon personal investigation, he or she
4 has reasonable and probable grounds to believe that a person
5 involved in the accident has committed an offense under the
6 provisions of this chapter, chapter 319, chapter 320, or
7 chapter 322 in connection with the accident crash. Nothing in
8 This paragraph does not shall be construed to permit the
9 carrying of firearms or other weapons, nor do shall such
10 officers have arrest authority other than for the issuance of
11 a traffic citation as authorized above.
12 (c)1. A chartered municipality or its authorized
13 agency or instrumentality may employ as a parking enforcement
14 specialist any individual who successfully completes a
15 training program established and approved by the Criminal
16 Justice Standards and Training Commission for parking
17 enforcement specialists, but who does not otherwise meet the
18 uniform minimum standards established by the commission for
19 law enforcement officers or auxiliary or part-time officers
20 under s. 943.12.
21 1.2. A parking enforcement specialist employed by a
22 chartered municipality or its authorized agency or
23 instrumentality is authorized to enforce all state, county,
24 and municipal laws and ordinances governing parking within the
25 boundaries of the municipality employing the specialist, by
26 appropriate state, county, or municipal traffic citation.
27 Nothing in this paragraph shall be construed to permit the
28 carrying of firearms or other weapons, nor shall such a
29 parking enforcement specialist have arrest authority.
30
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 2. A parking enforcement specialist employed pursuant
2 to this subsection may not carry firearms or other weapons or
3 have arrest authority.
4 Section 9. Subsection (5) of section 318.1451, Florida
5 Statutes, is amended to read:
6 318.1451 Driver improvement schools.--
7 (5)(a) Each No governmental entity and or court shall
8 provide, issue, or maintain any information or orders
9 regarding driver improvement schools including a list of or
10 course providers who license driver improvement schools within
11 the geographic area of the governmental entity or court,
12 together with a single telephone number for each such provider
13 as provided by the course provider., with the exception of
14 directing inquiries or requests to the local telephone
15 directory heading of driving instruction or the traffic school
16 reference guide. However, the department is authorized to
17 maintain the information and records necessary to administer
18 its duties and responsibilities for driver improvement
19 courses. Where such information is a public record as defined
20 in chapter 119, it shall be made available to the public upon
21 request pursuant to s. 119.07(1).
22 (b) The department shall prepare for governmental
23 entities and courts any governmental entity to distribute a
24 traffic school course provider list that reference guide which
25 shall list the benefits of attending a driver improvement
26 school and the names of the course providers, together with a
27 single telephone number for each such provider as provided by
28 the course provider, but under no circumstance may any list of
29 course providers or schools be included, and shall refer
30 further inquiries to the telephone directory under driving
31 instruction.
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Section 10. Section 319.001, Florida Statutes, is
2 amended to read:
3 319.001 Definitions.--As used in this chapter, the
4 term:
5 (1) "Department" means the Department of Highway
6 Safety and Motor Vehicles.
7 (2) "Front-end assembly" means fenders, hood, grill,
8 and bumper.
9 (3)(2) "Licensed dealer," unless otherwise
10 specifically provided, means a motor vehicle dealer licensed
11 under s. 320.27, a mobile home dealer licensed under s.
12 320.77, or a recreational vehicle dealer licensed under s.
13 320.771.
14 (4) "Motorcycle body assembly" means frame, fenders,
15 and gas tanks.
16 (5) "Motorcycle engine" means cylinder block, heads,
17 engine case, and crank case.
18 (6) "Motorcycle transmission" means drive train.
19 (7)(3) "New mobile home" means a mobile home the
20 equitable or legal title to which has never been transferred
21 by a manufacturer, distributor, importer, or dealer to an
22 ultimate purchaser.
23 (8)(4) "New motor vehicle" means a motor vehicle the
24 equitable or legal title to which has never been transferred
25 by a manufacturer, distributor, importer, or dealer to an
26 ultimate purchaser; however, when legal title is not
27 transferred but possession of a motor vehicle is transferred
28 pursuant to a conditional sales contract or lease and the
29 conditions are not satisfied and the vehicle is returned to
30 the motor vehicle dealer, the motor vehicle may be resold by
31 the motor vehicle dealer as a new motor vehicle, provided the
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 selling motor vehicle dealer gives the following written
2 notice to the purchaser: "THIS VEHICLE WAS DELIVERED TO A
3 PREVIOUS PURCHASER." The purchaser shall sign an
4 acknowledgment, a copy of which is kept in the selling
5 dealer's file.
6 (9) "Rear body section" means both quarter panels,
7 decklid, bumper and floor pan.
8 (10)(5) "Satisfaction of lien" means full payment of a
9 debt or release of a debtor from a lien by the lienholder.
10 (11)(6) "Used motor vehicle" means any motor vehicle
11 that is not a "new motor vehicle" as defined in subsection (8)
12 (4).
13 Section 11. Paragraphs (b) and (c) of subsection (1)
14 and subsections (2) and (3) of section 319.14, Florida
15 Statutes, are amended, present subsections (6), (7), and (8)
16 of that section are redesignated as subsections (7), (8), and
17 (9), respectively, and a new subsection (6) is added to that
18 section to read:
19 319.14 Sale of motor vehicles registered or used as
20 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles
21 and nonconforming vehicles.--
22 (1)
23 (b) No person shall knowingly offer for sale, sell, or
24 exchange a rebuilt vehicle until the department has stamped in
25 a conspicuous place on the certificate of title for the
26 vehicle words stating that the vehicle has been rebuilt, or
27 assembled from parts, or combined, or is a kit car, glider
28 kit, replica, or flood vehicle, unless proper application for
29 a certificate of title for a vehicle that is rebuilt, or
30 assembled from parts, or combined, or is a kit car, glider
31 kit, replica, or flood vehicle, has been made to the
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 department in accordance with this chapter and the department
2 has, moreover, conducted the physical examination of the
3 vehicle to assure the identification identity of the vehicle
4 and of all major component parts, as defined in s.
5 319.30(1)(e), which have been repaired or replaced.
6 Thereafter, the department shall affix a decal to the vehicle
7 in the manner prescribed by the department, showing that the
8 vehicle has been rebuilt.
9 (c) As used in this section, the term:
10 1. "Police vehicle" means a motor vehicle owned or
11 leased by the state or a county or municipality and used in
12 law enforcement.
13 2.a. "Short-term-lease vehicle" means a motor vehicle
14 leased without a driver and under a written agreement to one
15 or more persons from time to time for a period of less than 12
16 months.
17 b. "Long-term-lease vehicle" means a motor vehicle
18 leased without a driver and under a written agreement to one
19 person for a period of 12 months or longer.
20 c. "Lease vehicle" includes both short-term-lease
21 vehicles and long-term-lease vehicles.
22 3. "Rebuilt vehicle" means a motor vehicle or mobile
23 home built from salvage or junk, as defined in s. 319.30(1).
24 4. "Assembled from parts" means a motor vehicle or
25 mobile home assembled from parts or combined from parts of
26 motor vehicles or mobile homes, new or used. "Assembled from
27 parts" does not mean a motor vehicle defined as a "rebuilt
28 vehicle" in subparagraph 3., which has been declared a total
29 loss pursuant to s. 319.30.
30
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 5. "Combined" means assembled by combining two motor
2 vehicles neither of which has been titled and branded as
3 "Salvage Unrebuildable."
4 5.6. "Kit car" means a motor vehicle assembled with a
5 kit supplied by a manufacturer to rebuild a wrecked or
6 outdated motor vehicle with a new body kit.
7 6.7. "Glider kit" means a vehicle assembled with a kit
8 supplied by a manufacturer to rebuild a wrecked or outdated
9 truck or truck tractor.
10 7.8. "Replica" means a complete new motor vehicle
11 manufactured to look like an old vehicle.
12 8.9. "Flood vehicle" means a motor vehicle or mobile
13 home that has been declared to be a total loss pursuant to s.
14 319.30(3)(a) resulting from damage caused by water.
15 9.10. "Nonconforming vehicle" means a motor vehicle
16 which has been purchased by a manufacturer pursuant to a
17 settlement, determination, or decision under chapter 681.
18 10.11. "Settlement" means an agreement entered into
19 between a manufacturer and a consumer that occurs after a
20 dispute is submitted to a program, or an informal dispute
21 settlement procedure established by a manufacturer or is
22 approved for arbitration before the New Motor Vehicle
23 Arbitration Board as defined in s. 681.102.
24 (2) No person shall knowingly sell, exchange, or
25 transfer a vehicle referred to in subsection (1) without,
26 prior to consummating the sale, exchange, or transfer,
27 disclosing in writing to the purchaser, customer, or
28 transferee the fact that the vehicle has previously been
29 titled, registered, or used as a taxicab, police vehicle, or
30 short-term-lease vehicle or is a vehicle that is rebuilt, or
31 assembled from parts, or combined, or is a kit car, glider
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 kit, replica, or flood vehicle, or is a nonconforming vehicle,
2 as the case may be.
3 (3) Any person who, with intent to offer for sale or
4 exchange any vehicle referred to in subsection (1), knowingly
5 or intentionally advertises, publishes, disseminates,
6 circulates, or places before the public in any communications
7 medium, whether directly or indirectly, any offer to sell or
8 exchange the vehicle shall clearly and precisely state in each
9 such offer that the vehicle has previously been titled,
10 registered, or used as a taxicab, police vehicle, or
11 short-term-lease vehicle or that the vehicle or mobile home is
12 a vehicle that is rebuilt, or assembled from parts, or
13 combined, or is a kit car, glider kit, replica, or flood
14 vehicle, or a nonconforming vehicle, as the case may be. Any
15 person who violates this subsection is guilty of a misdemeanor
16 of the second degree, punishable as provided in s. 775.082 or
17 s. 775.083.
18 (6) Any person who removes a rebuilt decal from a
19 rebuilt vehicle or who knowingly possesses a rebuilt vehicle
20 from which a rebuilt decal has been removed commits a felony
21 of the third degree, punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084.
23 Section 12. Subsection (3) of section 319.23, Florida
24 Statutes, is amended to read:
25 319.23 Application for, and issuance of, certificate
26 of title.--
27 (3) If a certificate of title has not previously been
28 issued for a motor vehicle or mobile home in this state, the
29 application, unless otherwise provided for in this chapter,
30 shall be accompanied by a proper bill of sale or sworn
31 statement of ownership, or a duly certified copy thereof, or
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 by a certificate of title, bill of sale, or other evidence of
2 ownership required by the law of the state or county from
3 which the motor vehicle or mobile home was brought into this
4 state. The application shall also be accompanied by:
5 (a)1. A sworn affidavit from the seller and purchaser
6 verifying that the vehicle identification number shown on the
7 affidavit is identical to the vehicle identification number
8 shown on the motor vehicle; or
9 2. An appropriate departmental form evidencing that a
10 physical examination has been made of the motor vehicle by the
11 owner and by a duly constituted law enforcement officer in any
12 state, a licensed motor vehicle dealer, a license inspector as
13 provided by s. 320.58, or a notary public commissioned by this
14 state and that the vehicle identification number shown on such
15 form is identical to the vehicle identification number shown
16 on the motor vehicle; and
17 (b) If the vehicle is a used car original, a sworn
18 affidavit from the owner verifying that the odometer reading
19 shown on the affidavit is identical to the odometer reading
20 shown on the motor vehicle in accordance with the requirements
21 of 49 C.F.R. s. 580.5 at the time that application for title
22 is made. For the purposes of this section, the term "used car
23 original" means a used vehicle coming into and being titled in
24 this state for the first time.
25 (c) If the vehicle is an ancient or antique vehicle,
26 as defined in s. 320.086, the application shall be accompanied
27 by a certificate of title; a bill of sale and a registration;
28 or a bill of sale and an affidavit by the owner defending the
29 title from all claims. The bill of sale must contain a
30 complete vehicle description to include the vehicle
31
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 identification or engine number, year make, color, selling
2 price, and signatures of the seller and purchaser.
3
4 Verification of the vehicle identification number is not
5 required for any new motor vehicle; any mobile home; any
6 trailer or semitrailer with a net weight of less than 2,000
7 pounds; or any travel trailer, camping trailer, truck camper,
8 or fifth-wheel recreation trailer.
9 Section 13. Subsection (4) of section 319.27, Florida
10 Statutes, is amended to read:
11 319.27 Notice of lien on motor vehicles or mobile
12 homes; notation on certificate; recording of lien.--
13 (4)(a) Notwithstanding the provisions of subsection
14 (2), any person holding a lien for purchase money or as
15 security for a debt in the form of a security agreement,
16 retain title contract, conditional bill of sale, chattel
17 mortgage, or other similar instrument covering a motor vehicle
18 or mobile home previously titled or registered outside this
19 state upon which no Florida certificate of title has been
20 issued may use the facilities of the department for the
21 recording of such lien as constructive notice of such lien to
22 creditors and purchasers of such motor vehicle or mobile home
23 in this state provided such lienholder files a sworn notice of
24 such lien in the department, showing the following
25 information:
26 1. The date of the lien;
27 2. The name and address of the registered owner;
28 3. A description of the motor vehicle or mobile home,
29 showing the make, type, and vehicle identification number; and
30 4. The name and address of the lienholder.
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Upon the filing of such notice of lien and the payment of the
2 fee provided in s. 319.32, the lien shall be recorded in the
3 department.
4 (a)(b) When a Florida certificate of title is first
5 issued on a motor vehicle or mobile home previously titled or
6 registered outside this state, the department shall note on
7 the Florida certificate of title the following liens:
8 1. Any lien shown on the application for Florida
9 certificate of title; and
10 2. Any lien filed in the department in accordance with
11 paragraph (a); and
12 2.3. Any lien shown on the existing certificate of
13 title issued by another state.
14 (b)(c) When a Florida certificate of title has been
15 issued on a motor vehicle or mobile home previously titled or
16 registered outside this state, liens valid in and registered
17 under the law of the state wherein such liens were created are
18 not valid in this state unless filed and noted upon the
19 certificate of title under the provisions of this section.
20 Section 14. Paragraph (a) of subsection (1) of section
21 319.28, Florida Statutes, is amended to read:
22 319.28 Transfer of ownership by operation of law.--
23 (1)(a) In the event of the transfer of ownership of a
24 motor vehicle or mobile home by operation of law as upon
25 inheritance, devise or bequest, order in bankruptcy,
26 insolvency, replevin, attachment, execution or other judicial
27 sale or whenever the engine of a motor vehicle is replaced by
28 another engine or whenever a motor vehicle is sold to satisfy
29 storage or repair charges or repossession is had upon default
30 in performance of the terms of a security agreement, chattel
31 mortgage, conditional sales contract, trust receipt, or other
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 like agreement, and upon the surrender of the prior
2 certificate of title or, when that is not possible,
3 presentation of satisfactory proof to the department of
4 ownership and right of possession to such motor vehicle or
5 mobile home, and upon payment of the fee prescribed by law and
6 presentation of an application for certificate of title, the
7 department may issue to the applicant a certificate of title
8 thereto. If the application is predicated upon a security
9 agreement, chattel mortgage, conditional sales contract, trust
10 receipt, or other like agreement, the original instrument or a
11 certified copy thereof shall accompany the application;
12 however, if an owner under a chattel mortgage voluntarily
13 surrenders possession of the motor vehicle or mobile home, the
14 original or a certified copy of the chattel mortgage shall
15 accompany the application for a certificate of title and it
16 shall not be necessary to institute proceedings in any court
17 to foreclose such mortgage.
18 Section 15. Paragraphs (e) and (f) of subsection (1)
19 and paragraph (b) of subsection (3) of section 319.30, Florida
20 Statutes, are amended to read:
21 319.30 Definitions; dismantling, destruction, change
22 of identity of motor vehicle or mobile home; salvage.--
23 (1) As used in this section, the term:
24 (e) "Major component parts" means:
25 1. For motor vehicles other than motorcycles: the
26 front-end assembly, fenders, hood, grill, bumper, cowl
27 assembly, rear body section, both quarter panels, decklid,
28 bumper, floor pan, door assemblies, engine, frame,
29 transmission, dashboard, hard-top roof, sunroof, t-top,
30 airbag, wheels, windshield, and interior.
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 2. For trucks, in addition to the items specified in
2 subparagraph 1.: the truck bed.
3 3. For motorcycles: body assembly, frame, fenders, gas
4 tanks, engine, cylinder block, heads, engine case, crank case,
5 transmission, drive train, front fork assembly, and wheels.
6 4. For mobile homes: the frame. the front-end assembly
7 (fenders, hood, grill, and bumper); cowl assembly; rear body
8 section (both quarter panels, decklid, bumper, and floor pan);
9 door assemblies; engine; frame; or transmission.
10 (f) "Major part" means the front-end assembly
11 (fenders, hood, grill, and bumper); cowl assembly; or rear
12 body section (both quarter panels, decklid, bumper, and floor
13 pan).
14 (3)
15 (b) The owner of any motor vehicle or mobile home
16 which is considered to be salvage shall, within 72 hours after
17 the motor vehicle or mobile home becomes salvage, forward the
18 title to the motor vehicle or mobile home to the department
19 for processing. However, an insurance company which pays money
20 as compensation for total loss of a motor vehicle or mobile
21 home shall obtain the certificate of title for the motor
22 vehicle or mobile home and, within 72 hours after receiving
23 such certificate of title, shall forward such title to the
24 department for processing. The owner or insurance company, as
25 the case may be, may not dispose of a vehicle or mobile home
26 that is a total loss before it has obtained a salvage
27 certificate of title or certificate of destruction from the
28 department. When applying for a salvage certificate of title
29 or certificate of destruction, the owner or insurance company
30 must provide the department with an estimate of the costs of
31 repairing the physical and mechanical damage suffered by the
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 vehicle for which a salvage certificate of title or
2 certificate of destruction is sought. If the estimated costs
3 of repairing the physical and mechanical damage to the vehicle
4 are equal to 80 percent or more of the current retail cost of
5 the vehicle, as established in any official used car or used
6 mobile home guide, the department shall declare the vehicle
7 unrebuildable and print a certificate of destruction, which
8 authorizes the dismantling or destruction of the motor vehicle
9 or mobile home described therein. This certificate of
10 destruction shall be reassignable a maximum of two times
11 before dismantling or destruction of the vehicle shall be
12 required, and shall accompany the motor vehicle or mobile home
13 for which it is issued, when such motor vehicle or mobile home
14 is sold for such purposes, in lieu of a certificate of title,
15 and, thereafter, the department shall refuse issuance of any
16 certificate of title for that vehicle. Nothing in This
17 subsection does not apply shall be applicable when a vehicle
18 is worth less than $1,500 retail in undamaged condition in any
19 official used motor vehicle guide or used mobile home guide.
20 An insurer paying a total loss claim may obtain a certificate
21 of destruction for such vehicle. When or when a stolen motor
22 vehicle or mobile home is recovered in substantially intact
23 condition and is readily resalable without extensive repairs
24 to or replacement of the frame or engine, the insurer must
25 obtain a certificate in its own name before the vehicle may be
26 sold or transferred. Any person who willfully and deliberately
27 violates this paragraph or falsifies any document to avoid the
28 requirements of this paragraph commits a misdemeanor of the
29 first degree, punishable as provided in s. 775.082 or s.
30 775.083.
31
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Section 16. Subsection (1) of section 320.01, Florida
2 Statutes, is amended to read:
3 320.01 Definitions, general.--As used in the Florida
4 Statutes, except as otherwise provided, the term:
5 (1) "Motor vehicle" means:
6 (a) An automobile, motorcycle, truck, trailer,
7 semitrailer, truck tractor and semitrailer combination, or any
8 other vehicle operated on the roads of this state, used to
9 transport persons or property, and propelled by power other
10 than muscular power, but the term does not include traction
11 engines, road rollers, such vehicles as run only upon a track,
12 bicycles, motorized scooters or mopeds.
13 (b) A recreational vehicle-type unit primarily
14 designed as temporary living quarters for recreational,
15 camping, or travel use, which either has its own motive power
16 or is mounted on or drawn by another vehicle. Recreational
17 vehicle-type units, when traveling on the public roadways of
18 this state, must comply with the length and width provisions
19 of s. 316.515, as that section may hereafter be amended. As
20 defined below, the basic entities are:
21 1. The "travel trailer," which is a vehicular portable
22 unit, mounted on wheels, of such a size or weight as not to
23 require special highway movement permits when drawn by a
24 motorized vehicle. It is primarily designed and constructed to
25 provide temporary living quarters for recreational, camping,
26 or travel use. It has a body width of no more than 8 1/2 feet
27 and an overall body length of no more than 40 feet when
28 factory-equipped for the road.
29 2. The "camping trailer," which is a vehicular
30 portable unit mounted on wheels and constructed with
31 collapsible partial sidewalls which fold for towing by another
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 vehicle and unfold at the campsite to provide temporary living
2 quarters for recreational, camping, or travel use.
3 3. The "truck camper," which is a truck equipped with
4 a portable unit designed to be loaded onto, or affixed to, the
5 bed or chassis of the truck and constructed to provide
6 temporary living quarters for recreational, camping, or travel
7 use.
8 4. The "motor home," which is a vehicular unit that
9 which does not exceed the 40 feet in length, and the height,
10 and the width limitations provided in s. 316.515, is a
11 self-propelled motor vehicle, and is primarily designed to
12 provide temporary living quarters for recreational, camping,
13 or travel use.
14 5. The "private motor coach," which is a vehicular
15 unit which does not exceed the length, width, and height
16 limitations provided in s. 316.515(9), is built on a
17 self-propelled bus type chassis having no fewer than three
18 load-bearing axles, and is primarily designed to provide
19 temporary living quarters for recreational, camping, or travel
20 use.
21 6. The "van conversion," which is a vehicular unit
22 which does not exceed the length and width limitations
23 provided in s. 316.515, is built on a self-propelled motor
24 vehicle chassis, and is designed for recreation, camping, and
25 travel use.
26 7. The "park trailer," which is a transportable unit
27 which has a body width not exceeding 14 feet and which is
28 built on a single chassis and is designed to provide seasonal
29 or temporary living quarters when connected to utilities
30 necessary for operation of installed fixtures and appliances.
31 The total area of the unit in a setup mode, when measured from
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 the exterior surface of the exterior stud walls at the level
2 of maximum dimensions, not including any bay window, does not
3 exceed 400 square feet when constructed to ANSI A-119.5
4 standards, and 500 square feet when constructed to United
5 States Department of Housing and Urban Development Standards.
6 The length of a park trailer means the distance from the
7 exterior of the front of the body (nearest to the drawbar and
8 coupling mechanism) to the exterior of the rear of the body
9 (at the opposite end of the body), including any protrusions.
10 8. The "fifth-wheel trailer," which is a vehicular
11 unit mounted on wheels, designed to provide temporary living
12 quarters for recreational, camping, or travel use, of such
13 size or weight as not to require a special highway movement
14 permit, of gross trailer area not to exceed 400 square feet in
15 the setup mode, and designed to be towed by a motorized
16 vehicle that contains a towing mechanism that is mounted above
17 or forward of the tow vehicle's rear axle.
18 Section 17. Subsections (5) and (7) of section
19 320.023, Florida Statutes, are amended to read:
20 320.023 Requests to establish voluntary checkoff on
21 motor vehicle registration application.--
22 (5) A voluntary contribution collected and distributed
23 under this chapter, or any interest earned from those
24 contributions, may not be used for commercial or for-profit
25 activities nor for general or administrative expenses, except
26 as authorized by law, or to pay the cost of the audit or
27 report required by law.
28 (a) All organizations that receive annual use fee
29 proceeds from the department are responsible for ensuring that
30 proceeds are used in accordance with law.
31
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (b) All organizational recipients of any voluntary
2 contributions in excess of $15,000, not otherwise subject to
3 annual audit by the Office of the Auditor General, shall
4 submit an annual audit of the expenditures of these
5 contributions and interest earned from these contributions, to
6 determine if expenditures are being made in accordance with
7 the specifications outlined by law. The audit shall be
8 prepared by a certified public accountant licensed under
9 chapter 473 at that organizational recipient's expense. The
10 notes to the financial statements should state whether
11 expenditures were made in accordance with law.
12 (b)(c) Any organization not subject to audit pursuant
13 to s. 215.97, shall annually attest, In lieu of an annual
14 audit, any organization receiving less than $15,000 in
15 voluntary contributions directly from the department may
16 annually report, under penalties of perjury, that such
17 proceeds were used in compliance with law. The attestation
18 shall be submitted to the department for review within 9
19 months after the end of the organization's fiscal year made
20 annually in a form and format determined by the department.
21 (c)(d) Any voluntary contributions authorized by law
22 shall only be distributed to an organization under an
23 appropriation by the Legislature.
24 (d)(e) Any organization subject to audit pursuant to
25 s. 215.97 shall submit an audit report in accordance with
26 rules adopted by the Auditor General. The annual audit or
27 report shall be submitted to the department for review within
28 180 days after the end of the organization's fiscal year.
29 (7) The Auditor General and the department has have
30 the authority to examine all records pertaining to the use of
31 funds from the voluntary contributions authorized.
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Section 18. Subsections (1) and (2) of section
2 320.025, Florida Statutes, are amended to read:
3 320.025 Registration certificate and license plate
4 issued under fictitious name; application.--
5 (1) A confidential registration certificate and
6 registration license plate or decal shall be issued under a
7 fictitious name only for a motor vehicle or vessel owned or
8 operated by a law enforcement agency of state, county,
9 municipal, or federal government, the Attorney General's
10 Medicaid Fraud Control Unit, or any state public defender's
11 office. The requesting agency shall file a written application
12 with the department on forms furnished by the department,
13 which includes a statement that the license plate will be used
14 for the Attorney General's Medicaid Fraud Control Unit, or law
15 enforcement or any state public defender's office activities
16 requiring concealment of publicly leased or owned motor
17 vehicles or vessels and a statement of the position
18 classifications of the individuals who are authorized to use
19 the license plate. The department may modify its records to
20 reflect the fictitious identity of the owner or lessee until
21 such time as the license plate and registration certificate
22 are surrendered to it.
23 (2) Except as provided in subsection (1), any motor
24 vehicle owned or exclusively operated by the state or any
25 county, municipality, or other governmental entity must at all
26 times display a license plate of the type prescribed in s.
27 320.0655. Any vessel owned or exclusively operated by the
28 state or any county, municipality, or other governmental
29 entity must at all times display a registration number as
30 required in s. 328.56 and a vessel decal as required in s.
31 328.48(5).
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Section 19. Subsections (1) and (2) of section 320.05,
2 Florida Statutes, are amended to read:
3 320.05 Records of the department; inspection
4 procedure; lists and searches; fees.--
5 (1) Except as provided in ss. s. 119.07(3) and
6 320.025(3), the department may release records as provided in
7 this section.
8 (2) Upon receipt of an application for the
9 registration of a motor vehicle, vessel, or mobile home, as
10 herein provided for, the department shall register the motor
11 vehicle, vessel, or mobile home under the distinctive number
12 assigned to such motor vehicle, vessel, or mobile home by the
13 department. Electronic registration records shall be open to
14 the inspection of the public during business hours.
15 Information on a motor vehicle or vessel registration may not
16 be made available to a person unless the person requesting the
17 information furnishes positive proof of identification. The
18 agency that furnishes a motor vehicle or vessel registration
19 record shall record the name and address of any person other
20 than a representative of a law enforcement agency who requests
21 and receives information from a motor vehicle or vessel
22 registration record and shall also record the name and address
23 of the person who is the subject of the inquiry or other
24 information identifying the entity about which information is
25 requested. A record of each such inquiry must be maintained
26 for a period of 6 months from the date upon which the
27 information was released to the inquirer. Nothing in this
28 section shall prohibit any financial institution, insurance
29 company, motor vehicle dealer, licensee under chapter 493,
30 attorney, or other agency which the department determines has
31 the right to know from obtaining, for professional or business
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 use only, information in such records from the department
2 through any means of telecommunication pursuant to a code
3 developed by the department providing all fees specified in
4 subsection (3) have been paid. The department shall disclose
5 records or information to the child support enforcement agency
6 to assist in the location of individuals who owe or
7 potentially owe child support or to whom such an obligation is
8 owed pursuant to Title IV-D of the Social Security Act.
9 Section 20. Subsection (5) of section 320.055, Florida
10 Statutes, is amended to read:
11 320.055 Registration periods; renewal periods.--The
12 following registration periods and renewal periods are
13 established:
14 (5) For a vehicle subject to apportioned registration
15 under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the
16 registration period shall be a period of 12 months beginning
17 in a month designated by the department and ending on the last
18 day of the 12th month. For a vehicle subject to this
19 registration period, the renewal period is the last month of
20 the registration period. The registration period may be
21 shortened or extended at the discretion of the department, on
22 receipt of the appropriate prorated fees, in order to evenly
23 distribute such registrations on a monthly basis. For vehicles
24 subject to registration other than vehicles apportioned under
25 s. 320.08(4), (5)(a)1., (6)(b), or (14), the registration
26 period begins December 1 and ends November 30. The renewal
27 period is the 31-day period beginning December 1.
28 Section 21. Paragraphs (b) and (c) of subsection (1)
29 of section 320.06, Florida Statutes, are amended to read:
30 320.06 Registration certificates, license plates, and
31 validation stickers generally.--
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (1)
2 (b) Registration license plates bearing a graphic
3 symbol and the alphanumeric system of identification shall be
4 issued for a 5-year period. At the end of said 5-year period,
5 upon renewal, the plate shall be replaced. The fee for such
6 replacement shall be $10, $2 of which shall be paid each year
7 before the plate is replaced, to be credited towards the next
8 $10 replacement fee. The fees shall be deposited into the
9 Highway Safety Operating Trust Fund. A credit or refund shall
10 not be given for any prior years' payments of such prorated
11 replacement fee when the plate is replaced or surrendered
12 before the end of the 5-year period. With each license plate,
13 there shall be issued a validation sticker showing the owner's
14 birth month, license plate number and the year of expiration,
15 or the appropriate renewal period if the owner is not a
16 natural person. The validation sticker is to be placed on the
17 upper right corner of the license plate. This validation
18 sticker shall be placed on the upper left corner of the
19 license plate and shall be issued one time during the life of
20 the license plate, or upon request when it has been damaged or
21 destroyed. There shall also be issued with each license plate
22 a serially numbered validation sticker showing the year of
23 expiration, which sticker shall be placed on the upper right
24 corner of the license plate. Such license plate and validation
25 stickers shall be issued based on the applicant's appropriate
26 renewal period. The registration period shall be a period of
27 12 months, and all expirations shall occur based on the
28 applicant's appropriate registration period. A vehicle with
29 an apportioned registration shall be issued an annual license
30 plate and a cab card that denote the declared gross vehicle
31
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 weight for each apportioned jurisdiction in which the vehicle
2 is authorized to operate.
3 (c) Registration license plates equipped with
4 validation stickers shall be valid for not more than 12 months
5 and shall expire at midnight on the last day of the
6 registration period. For each registration period after the
7 one in which the metal registration license plate is issued,
8 and until the license plate is required to be replaced, a
9 validation sticker showing the month and year of expiration
10 shall be issued upon payment of the proper license tax amount
11 and fees and shall be valid for not more than 12 months. When
12 license plates equipped with validation stickers are issued in
13 any month other than the owner's birth month or the designated
14 registration period for any other motor vehicle, the effective
15 date shall reflect the birth month or month and the year of
16 renewal. However, when a license plate or validation sticker
17 is issued for a period of less than 12 months, the applicant
18 shall pay the appropriate amount of license tax and the
19 applicable fee under the provisions of s. 320.14 in addition
20 to all other fees. Validation stickers issued for vehicles
21 taxed under the provisions of s. 320.08(6)(a), for any company
22 which owns 250 vehicles or more, or for semitrailers taxed
23 under the provisions of s. 320.08(5)(a), for any company which
24 owns 50 vehicles or more, may be placed on any vehicle in the
25 fleet so long as the vehicle receiving the validation sticker
26 has the same owner's name and address as the vehicle to which
27 the validation sticker was originally assigned.
28 Section 22. Section 320.0605, Florida Statutes, is
29 amended to read:
30 320.0605 Certificate of registration; possession
31 required; exception.--The registration certificate or an
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 official copy thereof, a true copy of a rental or lease
2 agreement issued for a motor vehicle or issued for a
3 replacement vehicle in the same registration period, a
4 temporary receipt printed upon self-initiated electronic
5 renewal of a registration via the Internet, or a cab card
6 issued for a vehicle registered under the International
7 Registration Plan shall, at all times while the vehicle is
8 being used or operated on the roads of this state, be in the
9 possession of the operator thereof or be carried in the
10 vehicle for which issued and shall be exhibited upon demand of
11 any authorized law enforcement officer or any agent of the
12 department. The provisions of this section do not apply during
13 the first 30 days after purchase of a replacement vehicle or
14 any fleet vehicles registered under s. 320.0657. A violation
15 of this section is a noncriminal traffic infraction,
16 punishable as a nonmoving violation as provided in chapter
17 318.
18 Section 23. Paragraphs (h) and (i) are added to
19 subsection (2) of section 320.072, Florida Statutes, to read:
20 320.072 Additional fee imposed on certain motor
21 vehicle registration transactions.--
22 (2) The fee imposed by subsection (1) shall not apply
23 to:
24 (h) Any license issued in the previous 10-year period
25 from the date the transaction is being processed.
26 (i) Any license place issued to a vehicle taxed under
27 s. 320.08(2), (3), or (9)(c) or (d) at any time during the
28 previous 10-year period.
29 Section 24. Subsection (6) of section 320.0805,
30 Florida Statutes, is amended to read:
31 320.0805 Personalized prestige license plates.--
44
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (6) A personalized prestige license plate shall be
2 issued for the exclusive continuing use of the applicant. An
3 exact duplicate of any plate may not be issued to any other
4 applicant during the same registration period. An exact
5 duplicate may not be issued for any succeeding year unless the
6 previous owner of a specific plate relinquishes it by failure
7 to apply for renewal or reissuance after 1 year following the
8 last year of issuance for three consecutive annual
9 registration periods following the original year of issuance.
10 Section 25. Paragraph (c) of subsection (8) of section
11 320.08056, Florida Statutes, is amended to read:
12 320.08056 Specialty license plates.--
13 (8)
14 (c) The requirements of paragraph (a) do shall not
15 apply to collegiate specialty license plates authorized in s.
16 320.08058(3), and (13), (21), and (26).
17 Section 26. Section 320.08062, Florida Statutes, is
18 amended to read:
19 320.08062 Audits and attestations required; annual use
20 fees of specialty license plates.--
21 (1)(a) All organizations that receive annual use fee
22 proceeds from the department are responsible for ensuring that
23 proceeds are used in accordance with ss. 320.08056 and
24 320.08058.
25 (b) All organizational recipients of any specialty
26 license plate annual use fee authorized in this chapter, not
27 otherwise subject to annual audit by the Office of the Auditor
28 General, shall submit an annual audit of the expenditures of
29 annual use fees and interest earned from these fees, to
30 determine if expenditures are being made in accordance with
31 the specifications outlined by law. The audit shall be
45
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 prepared by a certified public accountant licensed under
2 chapter 473 at that organizational recipient's expense. The
3 notes to the financial statements should state whether
4 expenditures were made in accordance with ss. 320.08056 and
5 320.08058.
6 (b)(c) Any organization not subject to audit pursuant
7 to s. 215.97 shall In lieu of an annual audit, any
8 organization receiving less than $25,000 in annual use fee
9 proceeds directly from the department, or from another state
10 agency, may annually attest report, under penalties of
11 perjury, that such proceeds were used in compliance with ss.
12 320.08056 and 320.08058. The annual attestation shall be
13 submitted to the department for review within 9 months after
14 the end of the organization's fiscal year. The attestation
15 shall be made annually in a form and format determined by the
16 department.
17 (c)(d) Any organization subject to audit pursuant to
18 s. 215.97 shall submit an audit report in accordance with
19 rules adopted by the Auditor General The annual audit or
20 report shall be submitted to the department for review within
21 180 days after the end of the organization's fiscal year.
22 (2) Within 90 days after receiving an organization's
23 audit or report, the department shall determine which
24 recipients of revenues from specialty license plate annual use
25 fees have not complied with subsection (1). If the department
26 determines that an organization has not complied or has failed
27 to use the revenues in accordance with ss. 320.08056 and
28 320.08058, the department must discontinue the distribution of
29 the revenues to the organization until the department
30 determines that the organization has complied. If an
31 organization fails to comply within 12 months after the annual
46
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 use fee proceeds are withheld by the department, the proceeds
2 shall be deposited into the Highway Safety Operating Trust
3 Fund to offset department costs related to the issuance of
4 specialty license plates.
5 (3) The Auditor General and the department has have
6 the authority to examine all records pertaining to the use of
7 funds from the sale of specialty license plates.
8 Section 27. Subsection (1) of section 320.083, Florida
9 Statutes, is amended to read:
10 320.083 Amateur radio operators; special license
11 plates; fees.--
12 (1) A person who is the owner or lessee of an
13 automobile or truck for private use, a truck weighing not more
14 than 7,999 5,000 pounds, or a recreational vehicle as
15 specified in s. 320.08(9)(c) or (d), which is not used for
16 hire or commercial use; who is a resident of the state; and
17 who holds a valid official amateur radio station license
18 issued by the Federal Communications Commission shall be
19 issued a special license plate upon application, accompanied
20 by proof of ownership of such radio station license, and
21 payment of the following tax and fees:
22 (a) The license tax required for the vehicle, as
23 prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),
24 (c), (d), (e), or (f), or (9); and
25 (b) An initial additional fee of $5, and an additional
26 fee of $1.50 thereafter.
27 Section 28. Subsections (2) and (3) of section
28 320.089, Florida Statutes, are amended to read:
29 320.089 Members of National Guard and active United
30 States Armed Forces reservists; former prisoners of war;
31
47
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 survivors of Pearl Harbor; Purple Heart medal recipients;
2 special license plates; fee.--
3 (2) Each owner or lessee of an automobile or truck for
4 private use, truck weighing not more than 7,999 5,000 pounds,
5 or recreational vehicle as specified in s. 320.08(9)(c) or
6 (d), which is not used for hire or commercial use, who is a
7 resident of the state and who is a former prisoner of war, or
8 their unremarried surviving spouse, shall, upon application
9 therefor to the department, be issued a license plate as
10 provided in s. 320.06, on which license plate are stamped the
11 words "Ex-POW" followed by the serial number. Each application
12 shall be accompanied by proof that the applicant meets the
13 qualifications specified in paragraph (a) or paragraph (b).
14 (a) A citizen of the United States who served as a
15 member of the Armed Forces of the United States or the armed
16 forces of a nation allied with the United States who was held
17 as a prisoner of war at such time as the Armed Forces of the
18 United States were engaged in combat, or their unremarried
19 surviving spouse, may be issued the special license plate
20 provided for in this subsection without payment of the license
21 tax imposed by s. 320.08.
22 (b) A person who was serving as a civilian with the
23 consent of the United States Government, or a person who was a
24 member of the Armed Forces of the United States who was not a
25 United States citizen and was held as a prisoner of war when
26 the Armed Forces of the United States were engaged in combat,
27 or their unremarried surviving spouse, may be issued the
28 special license plate provided for in this subsection upon
29 payment of the license tax imposed by s. 320.08.
30 (3) Each owner or lessee of an automobile or truck for
31 private use, truck weighing not more than 7,999 5,000 pounds,
48
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 or recreational vehicle as specified in s. 320.08(9)(c) or
2 (d), which is not used for hire or commercial use, who is a
3 resident of this state and who is the unremarried surviving
4 spouse of a recipient of the Purple Heart medal shall, upon
5 application therefor to the department, with the payment of
6 the required fees, be issued a license plate as provided in s.
7 320.06, on which license plate are stamped the words "Purple
8 Heart" and the likeness of the Purple Heart medal followed by
9 the serial number. Each application shall be accompanied by
10 proof that the applicant is the unremarried surviving spouse
11 of a recipient of the Purple Heart medal.
12 Section 29. Subsection (1) of section 320.18, Florida
13 Statutes, is amended to read:
14 320.18 Withholding registration.--
15 (1) The department may withhold the registration of
16 any motor vehicle or mobile home the owner of which has failed
17 to register it under the provisions of law for any previous
18 period or periods for which it appears registration should
19 have been made in this state, until the tax for such period or
20 periods is paid. The department may cancel any license plate
21 or fuel-use tax decal if the owner pays for the license plate,
22 fuel-use tax decal, or any tax liability, penalty, or interest
23 specified in chapter 207 by a dishonored check or if the
24 vehicle owner or motor carrier has failed to pay a penalty for
25 a weight or safety violation issued by the Department of
26 Transportation Motor Carrier Compliance Office. The Department
27 of Transportation and the Department of Highway Safety and
28 Motor Vehicles may impound any commercial motor vehicle that
29 has a canceled license plate or fuel-use tax decal until the
30 tax liability, penalty, and interest specified in chapter 207,
31
49
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 the license tax, or the fuel-use decal fee, and applicable
2 administrative fees have been paid for by certified funds.
3 Section 30. Paragraph (c) of subsection (1) of section
4 320.27, Florida Statutes, is amended, paragraph (f) is added
5 to that subsection, and subsections (7) and (9) of that
6 section are amended to read:
7 320.27 Motor vehicle dealers.--
8 (1) DEFINITIONS.--The following words, terms, and
9 phrases when used in this section have the meanings
10 respectively ascribed to them in this subsection, except where
11 the context clearly indicates a different meaning:
12 (c) "Motor vehicle dealer" means any person engaged in
13 the business of buying, selling, or dealing in motor vehicles
14 or offering or displaying motor vehicles for sale at wholesale
15 or retail, or who may service and repair motor vehicles
16 pursuant to an agreement as defined in s. 320.60(1). Any
17 person who buys, sells, or deals in three or more motor
18 vehicles in any 12-month period or who offers or displays for
19 sale three or more motor vehicles in any 12-month period shall
20 be prima facie presumed to be engaged in such business. The
21 terms "selling" and "sale" include lease-purchase
22 transactions. A motor vehicle dealer may, at retail or
23 wholesale, sell a recreational vehicle as described in s.
24 320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of
25 a motor vehicle, provided such acquisition is incidental to
26 the principal business of being a motor vehicle dealer.
27 However, a motor vehicle dealer may not buy a recreational
28 vehicle for the purpose of resale unless licensed as a
29 recreational vehicle dealer pursuant to s. 320.771. A motor
30 vehicle dealer may apply for a certificate of title to a motor
31 vehicle required to be registered under s. 320.08(2)(b), (c),
50
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 and (d), using a manufacturer's statement of origin as
2 permitted by s. 319.23(1), only if such dealer is authorized
3 by a franchised agreement as defined in s. 320.60(1), to buy,
4 sell, or deal in such vehicle and is authorized by such
5 agreement to perform delivery and preparation obligations and
6 warranty defect adjustments on the motor vehicle; provided
7 this limitation shall not apply to recreational vehicles, van
8 conversions, or any other motor vehicle manufactured on a
9 truck chassis. The transfer of a motor vehicle by a dealer not
10 meeting these qualifications shall be titled as a used
11 vehicle. The classifications of motor vehicle dealers are
12 defined as follows:
13 1. "Franchised motor vehicle dealer" means any person
14 who engages in the business of repairing, servicing, buying,
15 selling, or dealing in motor vehicles pursuant to an agreement
16 as defined in s. 320.60(1).
17 2. "Independent motor vehicle dealer" means any person
18 other than a franchised or wholesale motor vehicle dealer who
19 engages in the business of buying, selling, or dealing in
20 motor vehicles, and who may service and repair motor vehicles.
21 3. "Wholesale motor vehicle dealer" means any person
22 who engages exclusively in the business of buying, selling, or
23 dealing in motor vehicles at wholesale or with motor vehicle
24 auctions. Such person shall be licensed to do business in this
25 state, shall not sell or auction a vehicle to any person who
26 is not a licensed dealer, and shall not have the privilege of
27 the use of dealer license plates. Any person who buys, sells,
28 or deals in motor vehicles at wholesale or with motor vehicle
29 auctions on behalf of a licensed motor vehicle dealer and as a
30 bona fide employee of such licensed motor vehicle dealer is
31 not required to be licensed as a wholesale motor vehicle
51
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 dealer. In such cases it shall be prima facie presumed that a
2 bona fide employer-employee relationship exists. A wholesale
3 motor vehicle dealer shall be exempt from the display
4 provisions of this section but shall maintain an office
5 wherein records are kept in order that those records may be
6 inspected.
7 4. "Motor vehicle auction" means any person offering
8 motor vehicles or recreational vehicles for sale to the
9 highest bidder where both sellers and buyers are licensed
10 motor vehicle dealers. Such person shall not sell a vehicle to
11 anyone other than a licensed motor vehicle dealer.
12 5. "Salvage motor vehicle dealer" means any person who
13 engages in the business of acquiring salvaged or wrecked motor
14 vehicles for the purpose of reselling them and their parts.
15
16 The term "motor vehicle dealer" does not include persons not
17 engaged in the purchase or sale of motor vehicles as a
18 business who are disposing of vehicles acquired for their own
19 use or for use in their business or acquired by foreclosure or
20 by operation of law, provided such vehicles are acquired and
21 sold in good faith and not for the purpose of avoiding the
22 provisions of this law; persons engaged in the business of
23 manufacturing, selling, or offering or displaying for sale at
24 wholesale or retail no more than 25 trailers in a 12-month
25 period; public officers while performing their official
26 duties; receivers; trustees, administrators, executors,
27 guardians, or other persons appointed by, or acting under the
28 judgment or order of, any court; banks, finance companies, or
29 other loan agencies that acquire motor vehicles as an incident
30 to their regular business; motor vehicle brokers; and motor
31 vehicle rental and leasing companies that sell motor vehicles
52
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 to motor vehicle dealers licensed under this section. Vehicles
2 owned under circumstances described in this paragraph may be
3 disposed of at retail, wholesale, or auction, unless otherwise
4 restricted. A manufacturer of fire trucks, ambulances, or
5 school buses may sell such vehicles directly to governmental
6 agencies or to persons who contract to perform or provide
7 firefighting, ambulance, or school transportation services
8 exclusively to governmental agencies without processing such
9 sales through dealers if such fire trucks, ambulances, school
10 buses, or similar vehicles are not presently available through
11 motor vehicle dealers licensed by the department.
12 (f) "Bona fide employee" means a person who is
13 employed by a licensed motor vehicle dealer and receives
14 annually an Internal Revenue Service Form W-2 or an
15 independent contractor who has a written contract with a
16 licensed motor vehicle dealer and receives annually an
17 Internal Revenue Service Form 1099 for the purpose of acting
18 in the capacity of or conducting motor vehicle sales
19 transactions as a motor vehicle dealer.
20 (7) CERTIFICATE OF TITLE REQUIRED.--For each used
21 motor vehicle in the possession of a licensee and offered for
22 sale by him or her, the licensee either shall have in his or
23 her possession or control a duly assigned certificate of title
24 from the owner in accordance with the provisions of chapter
25 319, from the time when the motor vehicle is delivered to the
26 licensee and offered for sale by him or her until it has been
27 disposed of by the licensee, or shall have reasonable indicia
28 of ownership or right of possession, or shall have made proper
29 application for a certificate of title or duplicate
30 certificate of title in accordance with the provisions of
31 chapter 319. A motor vehicle dealer may not sell or offer for
53
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 sale a vehicle in his or her possession unless the dealer
2 satisfies the requirements of this subsection. Reasonable
3 indicia of ownership shall include a duly assigned certificate
4 of title; in the case of a new motor vehicle, a manufacturer's
5 certificate of origin issued to or reassigned to the dealer; a
6 consignment contract between the owner and the dealer along
7 with a secure power of attorney from the owner to the dealer
8 authorizing the dealer to apply for a duplicate certificate of
9 title and assign the title on behalf of the owner; a court
10 order awarding title to the vehicle to the dealer; a salvage
11 certificate of title; a photocopy of a duly assigned
12 certificate of title being held by a financial institution as
13 collateral for a business loan of money to the dealer ("floor
14 plan"); a copy of a canceled check or other documentation
15 evidencing that an outstanding lien on a vehicle taken in
16 trade by a licensed dealer has been satisfied and that the
17 certificate of title will be, but has not yet been, received
18 by the dealer; a vehicle purchase order or installment
19 contract for a specific vehicle identifying that vehicle as a
20 trade-in on a replacement vehicle; or a duly executed odometer
21 disclosure statement as required by Title IV of the Motor
22 Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.
23 92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.
24 100-561) and by 49 C.F.R. part 580 bearing the signatures of
25 the titled owners of a traded-in vehicle.
26 (9) DENIAL, SUSPENSION, OR REVOCATION.--The department
27 may deny, suspend, or revoke any license issued hereunder or
28 under the provisions of s. 320.77 or s. 320.771, upon proof
29 that a licensee has failed to comply with any of the following
30 provisions with sufficient frequency so as to establish a
31 pattern of wrongdoing on the part of the licensee:
54
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (a) Willful violation of any other law of this state,
2 including chapter 319, this chapter, or ss. 559.901-559.9221,
3 which has to do with dealing in or repairing motor vehicles or
4 mobile homes or willful failure to comply with any
5 administrative rule promulgated by the department.
6 Additionally, in the case of used motor vehicles, the willful
7 violation of the federal law and rule in 15 U.S.C. s. 2304, 16
8 C.F.R. part 455, pertaining to the consumer sales window form.
9 (b) Commission of fraud or willful misrepresentation
10 in application for or in obtaining a license.
11 (c) Perpetration of a fraud upon any person as a
12 result of dealing in motor vehicles, including, without
13 limitation, the misrepresentation to any person by the
14 licensee of the licensee's relationship to any manufacturer,
15 importer, or distributor.
16 (d) Representation that a demonstrator is a new motor
17 vehicle, or the attempt to sell or the sale of a demonstrator
18 as a new motor vehicle without written notice to the purchaser
19 that the vehicle is a demonstrator. For the purposes of this
20 section, a "demonstrator," a "new motor vehicle," and a "used
21 motor vehicle" shall be defined as under s. 320.60.
22 (e) Unjustifiable refusal to comply with a licensee's
23 responsibility under the terms of the new motor vehicle
24 warranty issued by its respective manufacturer, distributor,
25 or importer. However, if such refusal is at the direction of
26 the manufacturer, distributor, or importer, such refusal shall
27 not be a ground under this section.
28 (f) Misrepresentation or false, deceptive, or
29 misleading statements with regard to the sale or financing of
30 motor vehicles which any motor vehicle dealer has, or causes
31 to have, advertised, printed, displayed, published,
55
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 distributed, broadcast, televised, or made in any manner with
2 regard to the sale or financing of motor vehicles.
3 (g) Requirement by any motor vehicle dealer that a
4 customer or purchaser accept equipment on his or her motor
5 vehicle which was not ordered by the customer or purchaser.
6 (h) Requirement by any motor vehicle dealer that any
7 customer or purchaser finance a motor vehicle with a specific
8 financial institution or company.
9 (i) Failure by any motor vehicle dealer to provide a
10 customer or purchaser with an odometer disclosure statement
11 and a copy of any bona fide written, executed sales contract
12 or agreement of purchase connected with the purchase of the
13 motor vehicle purchased by the customer or purchaser.
14 (j) Failure of any motor vehicle dealer to comply with
15 the terms of any bona fide written, executed agreement,
16 pursuant to the sale of a motor vehicle.
17 (k) Requirement by the motor vehicle dealer that the
18 purchaser of a motor vehicle contract with the dealer for
19 physical damage insurance.
20 (l) Violation of any of the provisions of s. 319.35 by
21 any motor vehicle dealer.
22 (m) Either a history of bad credit or an unfavorable
23 credit rating as revealed by the applicant's official credit
24 report or by investigation by the department.
25 (n) Failure to disclose damage to a new motor vehicle
26 as defined in s. 320.60(10) of which the dealer had actual
27 knowledge if the dealer's actual cost of repair, excluding
28 tires, bumpers, and glass, exceeds 3 percent of the
29 manufacturer's suggested retail price; provided, however, if
30 only the application of exterior paint is involved, disclosure
31 shall be made if such touch-up paint application exceeds $100.
56
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (o) Failure to apply for transfer of a title as
2 prescribed in s. 319.23(6).
3 (p) Use of the dealer license identification number by
4 any person other than the licensed dealer or his or her
5 designee.
6 (q) Conviction of a felony.
7 (r) Failure to continually meet the requirements of
8 the licensure law.
9 (s) A person who has been When a motor vehicle dealer
10 is convicted of a crime, infraction, or violation as set forth
11 in paragraph (q) which results in his or her being prohibited
12 from continuing in that capacity, the dealer may not serve
13 continue in any capacity within the industry. Such person The
14 offender shall have no financial interest, management, sales,
15 or other role in the operation of a dealership. Further, the
16 person offender may not derive income from the dealership
17 beyond reasonable compensation for the sale of his or her
18 ownership interest in the business. The license or application
19 of any dealership in which such person has an interest or
20 plays a role in violation of this subsection shall be denied
21 or revoked.
22 (t) Representation to a customer or any advertisement
23 to the general public representing or suggesting that a motor
24 vehicle is a new motor vehicle if such vehicle lawfully cannot
25 be titled in the name of the customer or other member of the
26 general public by the seller using a manufacturer's statement
27 of origin as permitted in s. 319.23(1).
28 (u) Failure to honor a bank draft or check given to a
29 motor vehicle dealer for the purchase of a motor vehicle by
30 another motor vehicle dealer within 10 days after notification
31 that the bank draft or check has been dishonored. A single
57
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 violation of this paragraph is sufficient for revocation or
2 suspension. If the transaction is disputed, the maker of the
3 bank draft or check shall post a bond in accordance with the
4 provisions of s. 559.917, and no proceeding for revocation or
5 suspension shall be commenced until the dispute is resolved.
6 (v) Sale by a motor vehicle dealer of a vehicle
7 offered in trade by a customer prior to consummation of the
8 sale, exchange, or transfer of a newly acquired vehicle to the
9 customer, unless the customer provides written authorization
10 for the sale of the trade-in vehicle prior to delivery of the
11 newly acquired vehicle.
12 Section 31. Subsection (26) of section 322.01, Florida
13 Statutes, is amended to read:
14 322.01 Definitions.--As used in this chapter:
15 (26) "Motor vehicle" means any self-propelled vehicle,
16 including a motor vehicle combination, not operated upon rails
17 or guideway, excluding vehicles moved solely by human power,
18 motorized wheelchairs, motorized scooters, and motorized
19 bicycles as defined in s. 316.003.
20 Section 32. Subsections (4) and (5) are added to
21 section 322.0261, Florida Statutes, to read:
22 322.0261 Mandatory driver improvement course; certain
23 crashes.--
24 (4) The Department of Highway Safety and Motor
25 Vehicles shall approve and regulate courses that use
26 technology as the delivery method of all driver improvement
27 schools as the courses relate to this section.
28 (5) In determining whether to approve courses of
29 driver improvement schools that use technology as the delivery
30 method as the courses relate to this section, the department
31
58
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 shall consider only those courses submitted by a person,
2 business, or entity which:
3 (a) Receive approval from the department for statewide
4 delivery.
5 (b) Demonstrate independent scientific research
6 evidence of course effectiveness.
7 Section 33. Subsection (4) of section 322.05, Florida
8 Statutes, is amended to read:
9 322.05 Persons not to be licensed.--The department may
10 not issue a license:
11 (4) Except as provided by this subsection, to any
12 person, as a Class A licensee, Class B licensee, Class C
13 licensee, or Class D licensee, who is under the age of 18
14 years. A person age 16 or 17 years who applies for a Class D
15 driver's license is subject to all the requirements and
16 provisions of ss. 322.09, and 322.16(2) and (3), and
17 322.05(2)(a) and (b). Any person who applies for a Class D
18 driver's license who is age 16 or 17 years must have had a
19 learner's driver's license or a driver's license for at least
20 90 days before he or she is eligible to receive a Class D
21 driver's license. The department may require of any such
22 applicant for a Class D driver's license such examination of
23 the qualifications of the applicant as the department
24 considers proper, and the department may limit the use of any
25 license granted as it considers proper.
26 Section 34. Subsections (5) and (7) of section
27 322.081, Florida Statutes, are amended to read:
28 322.081 Requests to establish voluntary checkoff on
29 driver's license application.--
30 (5) A voluntary contribution collected and distributed
31 under this chapter, or any interest earned from those
59
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 contributions, may not be used for commercial or for-profit
2 activities nor for general or administrative expenses, except
3 as authorized by law, or to pay the cost of the audit or
4 report required by law.
5 (a) All organizations that receive annual use fee
6 proceeds from the department are responsible for ensuring that
7 proceeds are used in accordance with law.
8 (b) All organizational recipients of any voluntary
9 contributions in excess of $15,000, not otherwise subject to
10 annual audit by the Office of the Auditor General, shall
11 submit an annual audit of the expenditures of these
12 contributions and interest earned from these contributions, to
13 determine if expenditures are being made in accordance with
14 the specifications outlined by law. The audit shall be
15 prepared by a certified public accountant licensed under
16 chapter 473 at that organizational recipient's expense. The
17 notes to the financial statements should state whether
18 expenditures were made in accordance with law.
19 (b)(c) Any organization not subject to audit pursuant
20 to s. 215.97 shall In lieu of an annual audit, any
21 organization receiving less than $15,000 in voluntary
22 contributions directly from the department may annually attest
23 report, under penalties of perjury, that such proceeds were
24 used in compliance with law. The annual attestation must be
25 reported to the department for review within 9 months after
26 the end of the organization's fiscal year. The attestation
27 shall be made annually in a form and format determined by the
28 department.
29 (c)(d) Any voluntary contributions authorized by law
30 shall only be distributed to an organization under an
31 appropriation by the Legislature.
60
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (d)(e) Any organization subject to audit pursuant to
2 s. 215.97 shall submit an audit report in accordance with
3 rules promulgated by the Auditor General. The annual audit or
4 report must be submitted to the department for review within
5 180 days after the end of the organization's fiscal year.
6 (7) The Auditor General and the department has have
7 the authority to examine all records pertaining to the use of
8 funds from the voluntary contributions authorized.
9 Section 35. Present subsections (2) through (7) of
10 section 322.095, Florida Statutes, are redesignated as
11 subsections (4) through (9), respectively, and new subsections
12 (2) and (3) are added to that section to read:
13 322.095 Traffic law and substance abuse education
14 program for driver's license applicants.--
15 (2) The Department of Highway Safety and Motor
16 Vehicles shall approve and regulate courses that use
17 technology as the delivery method of all driver improvement
18 schools as the courses relate to this section.
19 (3) In determining whether to approve courses of
20 driver improvement schools that use technology as the delivery
21 method as the courses relate to this section, the department
22 shall consider only those courses submitted by a person,
23 business, or entity which:
24 (a) Receive approval from the department for statewide
25 delivery.
26 (b) Demonstrate independent scientific research
27 evidence of course effectiveness.
28 (4)(2) The department shall contract for an
29 independent evaluation of the courses, and shall provide
30 documentation to the Legislature by October 1, 2000, measuring
31 course effectiveness. Local DUI programs authorized under s.
61
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 316.193(5) and certified by the department or a driver
2 improvement school may offer a traffic law and substance abuse
3 education course. However, prior to offering the course, the
4 course provider must obtain certification from the department
5 that the course complies with the requirements of this
6 section. The course provider must offer the approved course at
7 locations reasonably accessible to most applicants and must
8 issue a certificate to those persons successfully completing
9 the course.
10 (5)(3) The completion of a course does not qualify a
11 person for the reinstatement of a driver's license which has
12 been suspended or revoked.
13 (6)(4) The fee charged by the course provider must
14 bear a reasonable relationship to the cost of the course. The
15 department must conduct financial audits of course providers
16 conducting the education courses required under this section
17 or require that financial audits of providers be performed, at
18 the expense of the provider, by a certified public accountant.
19 (7)(5) The provisions of this section do not apply to
20 any person who has been licensed in any other jurisdiction or
21 who has satisfactorily completed a Department of Education
22 driver's education course offered pursuant to s. 233.063.
23 (8)(6) Each course provider must collect a $3
24 assessment fee in addition to the enrollment fee charged to
25 participants of the traffic law and substance abuse course
26 required under this section. The $3 assessment fee collected
27 by the course provider must be forwarded to the department
28 within 30 days after receipt of the assessment.
29 (9)(7)(a) No governmental entity or court shall
30 provide, issue, or maintain any information or orders
31 regarding traffic law and substance abuse education program
62
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 schools or course providers, with the exception of directing
2 inquiries or requests to the local telephone directory heading
3 of driving instruction or the driver's license applicant
4 reference guide. However, the department is authorized to
5 maintain the information and records necessary to administer
6 its duties and responsibilities for the program. Where such
7 information is a public record as defined in chapter 119, it
8 shall be made available to the public upon request pursuant to
9 s. 119.07(1).
10 (b) The department shall prepare for any governmental
11 entity to distribute a driver's license applicant reference
12 guide which shall list the benefits of attending a traffic law
13 and substance abuse education school, but under no
14 circumstance may include any list of course providers or
15 schools. The department shall refer further inquiries to the
16 telephone directory heading of driving instruction.
17 Section 36. Subsection (2) of section 322.126, Florida
18 Statutes, is amended to read:
19 322.126 Report of disability to department; content;
20 use.--
21 (2) Any physician, health care professional person, or
22 agency, or combination of two family members having knowledge
23 of any licensed driver's or applicant's mental or physical
24 disability to drive or need to obtain or to wear a medical
25 identification bracelet is authorized to report such knowledge
26 to the Department of Highway Safety and Motor Vehicles. Any
27 person may in a sworn statement report a driver to any law
28 enforcement agency. The law enforcement agency may investigate
29 the basis of the report and determine if the driver should be
30 reported to the department. The report should be made in
31 writing giving the full name, date of birth, address, and a
63
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 description of the alleged disability of any person over 15
2 years of age having mental or physical disorders that could
3 affect his or her driving ability.
4 Section 37. Section 322.222, Florida Statutes, is
5 created to read:
6 322.222 Right to review.--A driver may request an
7 administrative hearing to review a revocation under s.
8 322.221(3). The hearing must be held in accordance with the
9 department's administrative rules adopted under chapter 120.
10 Section 38. Subsections (1), (3), and (10) of section
11 322.2615, Florida Statutes, are amended to read:
12 322.2615 Suspension of license; right to review.--
13 (1)(a) A law enforcement officer or correctional
14 officer shall, on behalf of the department, suspend the
15 driving privilege of a person who has been arrested by a law
16 enforcement officer for a violation of s. 316.193, relating to
17 unlawful blood-alcohol level or breath-alcohol level, or of a
18 person who has refused to submit to a breath, urine, or blood
19 test authorized by s. 316.1932. The officer shall take the
20 person's driver's license and issue the person a 10-day 30-day
21 temporary permit if the person is otherwise eligible for the
22 driving privilege and shall issue the person a notice of
23 suspension. If a blood test has been administered, the results
24 of which are not available to the officer at the time of the
25 arrest, the agency employing the officer shall transmit such
26 results to the department within 5 days after receipt of the
27 results. If the department then determines that the person
28 was arrested for a violation of s. 316.193 and that the person
29 had a blood-alcohol level or breath-alcohol level of 0.08 or
30 higher, the department shall suspend the person's driver's
31 license pursuant to subsection (3).
64
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (b) The suspension under paragraph (a) shall be
2 pursuant to, and the notice of suspension shall inform the
3 driver of, the following:
4 1.a. The driver refused to submit to a lawful breath,
5 blood, or urine test and his or her driving privilege is
6 suspended for a period of 1 year for a first refusal or for a
7 period of 18 months if his or her driving privilege has been
8 previously suspended as a result of a refusal to submit to
9 such a test; or
10 b. The driver violated s. 316.193 by driving with an
11 unlawful blood-alcohol level as provided in that section and
12 his or her driving privilege is suspended for a period of 6
13 months for a first offense or for a period of 1 year if his or
14 her driving privilege has been previously suspended for a
15 violation of s. 316.193.
16 2. The suspension period shall commence on the date of
17 arrest or issuance of the notice of suspension, whichever is
18 later.
19 3. The driver may request a formal or informal review
20 of the suspension by the department within 10 days after the
21 date of arrest or issuance of the notice of suspension,
22 whichever is later.
23 4. The temporary permit issued at the time of arrest
24 will expire at midnight of the 10th 30th day following the
25 date of arrest or issuance of the notice of suspension,
26 whichever is later.
27 5. The driver may submit to the department any
28 materials relevant to the arrest.
29 (3) If the department determines that the license of
30 the person arrested should be suspended pursuant to this
31 section and if the notice of suspension has not already been
65
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 served upon the person by a law enforcement officer or
2 correctional officer as provided in subsection (1), the
3 department shall issue a notice of suspension and, unless the
4 notice is mailed pursuant to s. 322.251, a temporary permit
5 which expires 10 30 days after the date of issuance if the
6 driver is otherwise eligible.
7 (10) A person whose driver's license is suspended
8 under subsection (1) or subsection (3) may apply for issuance
9 of a license for business or employment purposes only if the
10 person is otherwise eligible for the driving privilege
11 pursuant to s. 322.271.
12 (a) If the suspension of the driver's license of the
13 person for failure to submit to a breath, urine, or blood test
14 is sustained, the person is not eligible to receive a license
15 for business or employment purposes only, pursuant to s.
16 322.271, until 90 days have elapsed after the expiration of
17 the last temporary permit issued. If the driver is not issued
18 a 10-day 30-day permit pursuant to this section or s. 322.64
19 because he or she is ineligible for the permit and the
20 suspension for failure to submit to a breath, urine, or blood
21 test is not invalidated by the department, the driver is not
22 eligible to receive a business or employment license pursuant
23 to s. 322.271 until 90 days have elapsed from the date of the
24 suspension.
25 (b) If the suspension of the driver's license of the
26 person arrested for a violation of s. 316.193, relating to
27 unlawful blood-alcohol level, is sustained, the person is not
28 eligible to receive a license for business or employment
29 purposes only pursuant to s. 322.271 until 30 days have
30 elapsed after the expiration of the last temporary permit
31 issued. If the driver is not issued a 10-day 30-day permit
66
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 pursuant to this section or s. 322.64 because he or she is
2 ineligible for the permit and the suspension for a violation
3 of s. 316.193, relating to unlawful blood-alcohol level, is
4 not invalidated by the department, the driver is not eligible
5 to receive a business or employment license pursuant to s.
6 322.271 until 30 days have elapsed from the date of the
7 arrest.
8 Section 39. Subsection (5) of section 322.27, Florida
9 Statutes, is amended to read:
10 322.27 Authority of department to suspend or revoke
11 license.--
12 (5) The department shall revoke the license of any
13 person designated a habitual offender, as set forth in s.
14 322.264, and such person shall not be eligible to be
15 relicensed for a minimum of 5 years from the date of
16 revocation, except as provided for in s. 322.271. Any person
17 whose license is revoked may, by petition to the department,
18 show cause why his or her license should not be revoked.
19 Section 40. Subsection (2) of section 322.28, Florida
20 Statutes, is amended to read:
21 322.28 Period of suspension or revocation.--
22 (2) In a prosecution for a violation of s. 316.193 or
23 former s. 316.1931, the following provisions apply:
24 (a) Upon conviction of the driver, the court, along
25 with imposing sentence, shall revoke the driver's license or
26 driving privilege of the person so convicted, effective on the
27 date of conviction, and shall prescribe the period of such
28 revocation in accordance with the following provisions:
29 1. Upon a first conviction for a violation of the
30 provisions of s. 316.193, except a violation resulting in
31
67
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 death, the driver's license or driving privilege shall be
2 revoked for not less than 180 days or more than 1 year.
3 2. Upon a second conviction within a period of 5 years
4 from the date of a prior conviction for a violation of the
5 provisions of s. 316.193 or former s. 316.1931 or a
6 combination of such sections, the driver's license or driving
7 privilege shall be revoked for not less than 5 years.
8 3. Upon a third conviction within a period of 10 years
9 from the date of conviction of the first of three or more
10 convictions for the violation of the provisions of s. 316.193
11 or former s. 316.1931 or a combination of such sections, the
12 driver's license or driving privilege shall be revoked for not
13 less than 10 years.
14
15 For the purposes of this paragraph, a previous conviction
16 outside this state for driving under the influence, driving
17 while intoxicated, driving with an unlawful blood-alcohol
18 level, or any other alcohol-related or drug-related traffic
19 offense similar to the offense of driving under the influence
20 as proscribed by s. 316.193 will be considered a previous
21 conviction for violation of s. 316.193, and a conviction for
22 violation of former s. 316.028, former s. 316.1931, or former
23 s. 860.01 is considered a conviction for violation of s.
24 316.193.
25 (b) If the period of revocation was not specified by
26 the court at the time of imposing sentence or within 30 days
27 thereafter, and is not otherwise specified by law, the
28 department shall forthwith revoke the driver's license or
29 driving privilege for the maximum period applicable under
30 paragraph (a) for a first conviction and for the minimum
31 period applicable under paragraph (a) for any subsequent
68
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 convictions. The driver may, within 30 days after such
2 revocation by the department, petition the court for further
3 hearing on the period of revocation, and the court may reopen
4 the case and determine the period of revocation within the
5 limits specified in paragraph (a).
6 (c) The forfeiture of bail bond, not vacated within 20
7 days, in any prosecution for the offense of driving while
8 under the influence of alcoholic beverages, chemical
9 substances, or controlled substances to the extent of
10 depriving the defendant of his or her normal faculties shall
11 be deemed equivalent to a conviction for the purposes of this
12 paragraph, and the department shall forthwith revoke the
13 defendant's driver's license or driving privilege for the
14 maximum period applicable under paragraph (a) for a first
15 conviction and for the minimum period applicable under
16 paragraph (a) for a second or subsequent conviction; however,
17 if the defendant is later convicted of the charge, the period
18 of revocation imposed by the department for such conviction
19 shall not exceed the difference between the applicable maximum
20 for a first conviction or minimum for a second or subsequent
21 conviction and the revocation period under this subsection
22 that has actually elapsed; upon conviction of such charge, the
23 court may impose revocation for a period of time as specified
24 in paragraph (a). This paragraph does not apply if an
25 appropriate motion contesting the forfeiture is filed within
26 the 20-day period.
27 (d) When any driver's license or driving privilege has
28 been revoked pursuant to the provisions of this section, the
29 department shall not grant a new license, except upon
30 reexamination of the licensee after the expiration of the
31 period of revocation so prescribed. However, the court may,
69
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 in its sound discretion, issue an order of reinstatement on a
2 form furnished by the department which the person may take to
3 any driver's license examining office for reinstatement by the
4 department pursuant to s. 322.282.
5 (d)(e) The court shall permanently revoke the driver's
6 license or driving privilege of a person who has been
7 convicted four times for violation of s. 316.193 or former s.
8 316.1931 or a combination of such sections. The court shall
9 permanently revoke the driver's license or driving privilege
10 of any person who has been convicted of DUI manslaughter in
11 violation of s. 316.193. If the court has not permanently
12 revoked such driver's license or driving privilege within 30
13 days after imposing sentence, the department shall permanently
14 revoke the driver's license or driving privilege pursuant to
15 this paragraph. No driver's license or driving privilege may
16 be issued or granted to any such person. This paragraph
17 applies only if at least one of the convictions for violation
18 of s. 316.193 or former s. 316.1931 was for a violation that
19 occurred after July 1, 1982. For the purposes of this
20 paragraph, a conviction for violation of former s. 316.028,
21 former s. 316.1931, or former s. 860.01 is also considered a
22 conviction for violation of s. 316.193. Also, a conviction of
23 driving under the influence, driving while intoxicated,
24 driving with an unlawful blood-alcohol level, or any other
25 similar alcohol-related or drug-related traffic offense
26 outside this state is considered a conviction for the purposes
27 of this paragraph.
28 Section 41. Section 322.282, Florida Statutes, is
29 repealed.
30 Section 42. Subsection (3) is added to section
31 322.292, Florida Statutes, to read:
70
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 322.292 DUI programs supervision; powers and duties of
2 the department.--
3 (3) DUI programs must be operated by either
4 governmental entities or not-for-profit corporations.
5 Section 43. Section 322.331, Florida Statutes, is
6 repealed.
7 Section 44. Subsections (8), (9), and (10) are added
8 to section 322.61, Florida Statutes, to read:
9 322.61 Disqualification from operating a commercial
10 motor vehicle.--
11 (8) A driver who is convicted of violating an
12 out-of-service order while driving a commercial motor vehicle
13 is disqualified as follows:
14 (a) A driver is disqualified for not less that 90 days
15 nor more than 1 year if the driver is convicted of a first
16 violation of an out-of-service order.
17 (b) A driver is disqualified for not less than 1 year
18 nor more than 5 years if, during any 10-year period, the
19 driver is convicted of two violations of out-of-service orders
20 in separate incidents.
21 (c) A driver is disqualified for not less than 3 years
22 nor more than 5 years, if during any 10-year period, the
23 driver is convicted of three or more violations of
24 out-of-service orders in separate incidents.
25 (d) A driver is disqualified for a period of not less
26 than 180 days nor more than 2 years if the driver is convicted
27 of a first violation of an out-of-service order while
28 transporting hazardous materials required to be placarded
29 under the Hazardous Materials Transportation Act (49 U.S.C.
30 5101 et. seq.), or while operating motor vehicles designed to
31 transport more than 15 passengers including the driver. A
71
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 driver is disqualified for a period of not less than 3 years
2 nor more than 5 years if, during any 10-year period, the
3 driver is convicted of any subsequent violations of
4 out-of-service orders, in separate incidents, while
5 transporting hazardous materials required to be placarded
6 under the Hazardous Materials Transportation Act (49 U.S.C.
7 5101 et. seq.), or while operating motor vehicles designed to
8 transport more than 15 passengers including the driver.
9 (9) A driver who is convicted of operating a
10 commercial motor vehicle in violation of federal, state, or
11 local law or regulation pertaining to one of the following six
12 offenses at a railroad-highway grade crossing is disqualified
13 for the period of time specified in subsection (10).
14 (a) For drivers who are not required to always stop,
15 failing to slow down and check that the tracks are clear of
16 approaching trains;
17 (b) For drivers who are not required to always stop,
18 failing to stop before reaching the crossing if the tracks are
19 not clear;
20 (c) For drivers who are always required to stop,
21 failing to stop before driving onto the crossing;
22 (d) For all drivers, failing to have sufficient space
23 to drive completely through the crossing without stopping;
24 (e) For all drivers, failing to obey a traffic control
25 device or all the directions of an enforcement official at the
26 crossing;
27 (f) For all drivers, failing to negotiate a crossing
28 because of insufficient undercarriage clearance.
29 (10)(a) A driver is disqualified for not less than 60
30 days if the driver is convicted of a first violation of a
31 railroad-highway grade crossing violation.
72
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (b) A driver is disqualified for not less than 120
2 days if, during any 3-year period, the driver is convicted of
3 a second railroad-highway grade crossing violation in separate
4 incidents.
5 (c) A driver is disqualified for not less than 1 year
6 if, during any 3-year period, the driver is convicted of a
7 third or subsequent railroad-highway grade crossing violation
8 in separate incidents.
9 Section 45. Subsections (1) and (3) of section 322.64,
10 Florida Statutes, are amended to read:
11 322.64 Holder of commercial driver's license; driving
12 with unlawful blood-alcohol level; refusal to submit to
13 breath, urine, or blood test.--
14 (1)(a) A law enforcement officer or correctional
15 officer shall, on behalf of the department, disqualify from
16 operating any commercial motor vehicle a person who while
17 operating or in actual physical control of a commercial motor
18 vehicle is arrested for a violation of s. 316.193, relating to
19 unlawful blood-alcohol level or breath-alcohol level, or a
20 person who has refused to submit to a breath, urine, or blood
21 test authorized by s. 322.63 arising out of the operation or
22 actual physical control of a commercial motor vehicle. Upon
23 disqualification of the person, the officer shall take the
24 person's driver's license and issue the person a 10-day 30-day
25 temporary permit if the person is otherwise eligible for the
26 driving privilege and shall issue the person a notice of
27 disqualification. If the person has been given a blood,
28 breath, or urine test, the results of which are not available
29 to the officer at the time of the arrest, the agency employing
30 the officer shall transmit such results to the department
31 within 5 days after receipt of the results. If the department
73
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 then determines that the person was arrested for a violation
2 of s. 316.193 and that the person had a blood-alcohol level or
3 breath-alcohol level of 0.08 or higher, the department shall
4 disqualify the person from operating a commercial motor
5 vehicle pursuant to subsection (3).
6 (b) The disqualification under paragraph (a) shall be
7 pursuant to, and the notice of disqualification shall inform
8 the driver of, the following:
9 1.a. The driver refused to submit to a lawful breath,
10 blood, or urine test and he or she is disqualified from
11 operating a commercial motor vehicle for a period of 1 year,
12 for a first refusal, or permanently, if he or she has
13 previously been disqualified as a result of a refusal to
14 submit to such a test; or
15 b. The driver violated s. 316.193 by driving with an
16 unlawful blood-alcohol level and he or she is disqualified
17 from operating a commercial motor vehicle for a period of 6
18 months for a first offense or for a period of 1 year if he or
19 she has previously been disqualified, or his or her driving
20 privilege has been previously suspended, for a violation of s.
21 316.193.
22 2. The disqualification period shall commence on the
23 date of arrest or issuance of notice of disqualification,
24 whichever is later.
25 3. The driver may request a formal or informal review
26 of the disqualification by the department within 10 days after
27 the date of arrest or issuance of notice of disqualification,
28 whichever is later.
29 4. The temporary permit issued at the time of arrest
30 or disqualification will expire at midnight of the 10th 30th
31 day following the date of disqualification.
74
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 5. The driver may submit to the department any
2 materials relevant to the arrest.
3 (3) If the department determines that the person
4 arrested should be disqualified from operating a commercial
5 motor vehicle pursuant to this section and if the notice of
6 disqualification has not already been served upon the person
7 by a law enforcement officer or correctional officer as
8 provided in subsection (1), the department shall issue a
9 notice of disqualification and, unless the notice is mailed
10 pursuant to s. 322.251, a temporary permit which expires 10 30
11 days after the date of issuance if the driver is otherwise
12 eligible.
13 Section 46. Subsection (3) is added to section
14 324.091, Florida Statutes, to read:
15 324.091 Notice to department; notice to insurer.--
16 (3) Electronic access to the vehicle insurer
17 information maintained in the department's vehicle database
18 may be provided by an approved third-party provider to
19 insurers, lawyers, and financial institutions in compliance
20 with s. 627.736(9)(a) and for subrogation and claims purposes
21 only. The compilation of and retention of this information is
22 strictly prohibited.
23 Section 47. 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
75
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
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 48. 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
76
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
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 49. 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 50. Subsection (4) of section 328.72, Florida
30 Statutes, is amended to read:
31
77
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
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 51. 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, except for those funds designated for
31 the use of the counties pursuant to s. 328.72(1), shall be
78
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 deposited in the Marine Resources Conservation Trust Fund for
2 recreational channel marking; public launching facilities; law
3 enforcement and quality control programs; aquatic weed
4 control; manatee protection, recovery, rescue, rehabilitation,
5 and release; and marine mammal protection and recovery. The
6 funds collected pursuant to s. 328.72(1) shall be transferred
7 as follows:
8 (a) In each fiscal year, an amount equal to $1.50 for
9 each vessel registered in this state shall be transferred to
10 the Save the Manatee Trust Fund and shall be used only for the
11 purposes specified in s. 370.12(4).
12 (b) Two dollars from each noncommercial vessel
13 registration fee, except that for class A-1 vessels, shall be
14 transferred to the Invasive Plant Control Trust Fund for
15 aquatic weed research and control.
16 (c) Forty percent of the registration fees from
17 commercial vessels shall be transferred to the Invasive Plant
18 Control Trust Fund for aquatic plant research and control.
19 (d) Forty percent of the registration fees from
20 commercial vessels shall be transferred by the Department of
21 Highway Safety and Motor Vehicles, on a monthly basis, to the
22 General Inspection Trust Fund of the Department of Agriculture
23 and Consumer Services. These funds shall be used for shellfish
24 and aquaculture law enforcement and quality control programs.
25 Section 52. Subsection (1) of section 681.1096,
26 Florida Statutes, is amended to read:
27 681.1096 Pilot RV Mediation and Arbitration Program;
28 creation and qualifications.--
29 (1) This section and s. 681.1097 shall apply to
30 disputes determined eligible under this chapter involving
31 recreational vehicles acquired on or after October 1, 1997,
79
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 and shall remain in effect until September 30, 2002 2001, at
2 which time recreational vehicle disputes shall be subject to
3 the provisions of ss. 681.109 and 681.1095. The Attorney
4 General shall report annually to the President of the Senate,
5 the Speaker of the House of Representatives, the Minority
6 Leader of each house of the Legislature, and appropriate
7 legislative committees regarding the effectiveness efficiency
8 and cost-effectiveness of the pilot program.
9 Section 53. Subsections (5) and (7) of section
10 681.1097, Florida Statutes, are amended to read:
11 681.1097 Pilot RV Mediation and Arbitration Program;
12 dispute eligibility and program function.--
13 (5) If the mediation ends in an impasse, or if a
14 manufacturer fails to comply with the settlement entered into
15 between the parties, the program administrator shall schedule
16 the dispute for an arbitration hearing. Arbitration
17 proceedings shall be open to the public on reasonable and
18 nondiscriminatory terms.
19 (a) The arbitration hearing shall be conducted by a
20 single arbitrator assigned by the program administrator. The
21 arbitrator shall not be the same person as the mediator who
22 conducted the prior mediation conference in the dispute. The
23 parties may factually object to an arbitrator based on the
24 arbitrator's past or present relationship with a party or a
25 party's attorney, direct or indirect, whether financial,
26 professional, social, or of any other kind. The program
27 administrator shall consider any such objection, determine its
28 validity, and notify the parties of any determination. If the
29 objection is determined valid, the program administrator shall
30 assign another arbitrator to the case.
31
80
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (b) The arbitrator may issue subpoenas for the
2 attendance of witnesses and for the production of records,
3 documents, and other evidence. Subpoenas so issued shall be
4 served and, upon application to the court by a party to the
5 arbitration, enforced in the manner provided by law for the
6 service and enforcement of subpoenas in civil actions. Fees
7 for attendance as a witness shall be the same as for a witness
8 in the circuit court.
9 (c) At all program arbitration proceedings, the
10 parties may present oral and written testimony, present
11 witnesses and evidence relevant to the dispute, cross-examine
12 witnesses, and be represented by counsel. The arbitrator
13 shall record the arbitration hearing and shall have the power
14 to administer oaths. The arbitrator may inspect the vehicle
15 if requested by a party or if the arbitrator considers such
16 inspection appropriate.
17 (d) The program arbitrator may continue a hearing on
18 his or her own motion or upon the request of a party for good
19 cause shown. A request for continuance by the consumer
20 constitutes a waiver of the time period set forth in s.
21 681.1096(3)(k) for completion of all proceedings under the
22 program.
23 (e) Where the arbitration is the result of a
24 manufacturer's failure to perform in accordance with a
25 settlement mediation agreement, any relief to the consumer
26 granted by the arbitration will be no less than the relief
27 agreed to by the manufacturer in the settlement agreement.
28 (f) The arbitrator shall grant relief if a reasonable
29 number of attempts have been undertaken to correct a
30 nonconformity or nonconformities.
31
81
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (g) The program arbitrator shall render a decision
2 within 10 days of the closing of the hearing. The decision
3 shall be in writing on a form prescribed or approved by the
4 department. The program administrator shall send a copy of the
5 decision to the consumer and each involved manufacturer by
6 registered mail. The program administrator shall also send a
7 copy of the decision to the department within 5 days of
8 mailing to the parties.
9 (h) A manufacturer shall comply with an arbitration
10 decision within 40 days of the date the manufacturer receives
11 the written decision. Compliance occurs on the date the
12 consumer receives delivery of an acceptable replacement motor
13 vehicle or the refund specified in the arbitration award. If a
14 manufacturer fails to comply within the time required, the
15 consumer must notify the program administrator in writing
16 within 10 days. The program administrator shall notify the
17 department of a manufacturer's failure to comply. The
18 department shall have the authority to enforce compliance with
19 arbitration decisions under this section in the same manner as
20 is provided for enforcement of compliance with board decisions
21 under s. 681.1095(10). In any civil action arising under this
22 chapter and relating to a dispute arbitrated pursuant to this
23 section, the decision of the arbitrator is admissible in
24 evidence.
25 (i) Either party may request that the program
26 arbitrator make a technical correction to the decision by
27 filing a written request with the program administrator within
28 10 days after receipt of the written decision. Technical
29 corrections shall be limited to computational errors,
30 correction of a party's name or information regarding the
31 recreational vehicle, and typographical or spelling errors.
82
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Technical correction of a decision shall not toll the time for
2 filing an appeal or for manufacturer compliance.
3 (7) A decision of the arbitrator is binding unless
4 appealed by either party by filing a petition with the circuit
5 court within the time and in the manner prescribed by
6 subsections 681.1095(10) and (12). Subsections 681.1095(13)
7 and (14) apply to appeals filed under this section. Either
8 party may make application to the circuit court for the county
9 in which one of the parties resides or has a place of business
10 or, if neither party resides or has a place of business in
11 this state, the county where the arbitration hearing was held,
12 for an order confirming, vacating, modifying, or correcting
13 any award, in accordance with the provisions of this section
14 and ss. 682.12, 682.13, 682.14, 682.15, and 682.17. Such
15 application must be filed within 30 days of the moving party's
16 receipt of the written decision or the decision becomes final.
17 Upon filing such application, the moving party shall mail a
18 copy to the department and, upon entry of any judgment or
19 decree, shall mail a copy of such judgment or decree to the
20 department. A review of such application by the circuit court
21 shall be confined to the record of the proceedings before the
22 program arbitrator. The court shall conduct a de novo review
23 of the questions of law raised in the application. In addition
24 to the grounds set forth in ss. 682.13 and 682.14, the court
25 shall consider questions of fact raised in the application. In
26 reviewing questions of fact, the court shall uphold the award
27 unless it determines that the factual findings of the
28 arbitrator are not supported by substantial evidence in the
29 record and that the substantial rights of the moving party
30 have been prejudiced. If the arbitrator fails to state
31 findings or reasons for the stated award, or the findings or
83
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 reasons are inadequate, the court shall search the record to
2 determine whether a basis exists to uphold the award. The
3 court shall expedite consideration of any application filed
4 under this section on the calendar.
5 (a) If a decision of a program arbitrator in favor of
6 a consumer is confirmed by the court, recovery by the consumer
7 shall include the pecuniary value of the award, attorney's
8 fees incurred in obtaining confirmation of the award, and all
9 costs and continuing damages in the amount of $25 per day for
10 each day beyond the 40-day period following a manufacturer's
11 receipt of the arbitrator's decision. If a court determines
12 the manufacturer acted in bad faith in bringing the appeal or
13 brought the appeal solely for the purpose of harassment, or in
14 complete absence of a justiciable issue of law or fact, the
15 court shall double, and may triple, the amount of the total
16 award.
17 (b) An appeal of a judgment or order by the court
18 confirming, denying confirmation, modifying or correcting, or
19 vacating the award may be taken in the manner and to the same
20 extent as from orders or judgments in a civil action.
21 Section 54. Section 713.78, Florida Statutes, is
22 amended to read:
23 713.78 Liens for recovering, towing, or storing
24 vehicles and documented vessels.--
25 (1) For the purposes of this section, the term:
26 (a) "Vehicle" means any mobile item, whether motorized
27 or not, which is mounted on wheels.
28 (b) "Vessel" means every description of watercraft,
29 barge, and air boat used or capable of being used as a means
30 of transportation on water, other than a seaplane or a
31 "documented vessel" as defined in s. 327.02(8).
84
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 (c) "Wrecker" means any truck or other vehicle which
2 is used to tow, carry, or otherwise transport motor vehicles
3 or vessels upon the streets and highways of this state and
4 which is equipped for that purpose with a boom, winch, car
5 carrier, or other similar equipment.
6 (2) Whenever a person regularly engaged in the
7 business of transporting vehicles or vessels by wrecker, tow
8 truck, or car carrier recovers, removes, or stores a vehicle,
9 vessel, or mobile home upon instructions from:
10 (a) The owner thereof; or
11 (b) The owner or lessor, or a person authorized by the
12 owner or lessor, of property on which such vehicle is
13 wrongfully parked, and such removal is done in compliance with
14 s. 715.07; or
15 (c) Any law enforcement agency; or
16 (d) A mobile home park owner as defined in s. 723.003
17 who has a current writ of possession for a mobile home lot
18 pursuant to s. 723.061,
19
20 she or he shall have a lien on such vehicle or vessel for a
21 reasonable towing fee and for a reasonable storage fee; except
22 that no storage fee shall be charged if such vehicle is stored
23 for less than 6 hours.
24 (3) This section does not authorize any person to
25 claim a lien on a vehicle for fees or charges connected with
26 the immobilization of such vehicle using a vehicle boot or
27 other similar device pursuant to s. 715.07.
28 (4)(a) Any person regularly engaged in the business of
29 recovering, towing, or storing vehicles or vessels who comes
30 into possession of a vehicle or vessel pursuant to subsection
31 (2), and who claims a lien for recovery, towing, or storage
85
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 services, shall give notice to the registered owner, to the
2 insurance company insuring the vehicle, notwithstanding the
3 provisions of s. 627.736, and to all persons claiming a lien
4 thereon, as disclosed by the records in the Department of
5 Highway Safety and Motor Vehicles or of a corresponding agency
6 in any other state.
7 (b) Whenever any law enforcement agency authorizes the
8 removal of a vehicle or whenever any towing service, garage,
9 repair shop, or automotive service, storage, or parking place
10 notifies the law enforcement agency of possession of a vehicle
11 pursuant to s. 715.07(2)(a)2., the applicable law enforcement
12 agency shall contact the Department of Highway Safety and
13 Motor Vehicles, or the appropriate agency of the state of
14 registration, if known, within 24 hours through the medium of
15 electronic communications, giving a full description of the
16 vehicle. Upon receipt of the full description of the vehicle,
17 the department shall search its files to determine the owner's
18 name, the insurance company insuring the vehicle, and whether
19 any person has filed a lien upon the vehicle as provided in s.
20 319.27(2) and (3) and notify the applicable law enforcement
21 agency within 72 hours. The person in charge of the towing
22 service, garage, repair shop, or automotive service, storage,
23 or parking place shall obtain such information from the
24 applicable law enforcement agency within 5 days from the date
25 of storage and shall give notice pursuant to paragraph (4)(a).
26 The department may release the insurance company information
27 to the requester notwithstanding the provisions of s. 627.736.
28 (c)(b) Notice by certified mail, return receipt
29 requested, shall be sent within 7 business days after the date
30 of storage of the vehicle or vessel to the registered owner,
31 to the insurance company insuring the vehicle, notwithstanding
86
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 the provisions of s. 627.736, and to all persons of record
2 claiming a lien against the vehicle or vessel. It shall state
3 the fact of possession of the vehicle or vessel, that a lien
4 as provided in subsection (2) is claimed, that charges have
5 accrued and the amount thereof, that the lien is subject to
6 enforcement pursuant to law, and that the owner or lienholder,
7 if any, has the right to a hearing as set forth in subsection
8 (5), and that any vehicle or vessel which remains unclaimed,
9 or for which the charges for recovery, towing, or storage
10 services remain unpaid, may be sold after 35 days free of all
11 prior liens after 35 days if the vehicle or vessel is more
12 than 5 years of age or after 60 days if vehicle or vessel is 5
13 years of age or less.
14 (d)(c) If attempts to locate the owner or lienholder
15 prove unsuccessful, the towing-storage operator shall, after 7
16 working days, excluding Saturday and Sunday, of the initial
17 tow or storage, notify the public agency of jurisdiction in
18 writing by certified mail or acknowledged hand delivery that
19 the towing-storage company has been unable to locate the owner
20 or lienholder and a physical search of the vehicle or vessel
21 has disclosed no ownership information and a good faith effort
22 has been made. For purposes of this paragraph and, subsection
23 (9), the term and s. 715.05, "good faith effort" means that
24 the following checks have been performed by the company to
25 establish prior state of registration and for title:
26 1. Check of vehicle or vessel for any type of tag, tag
27 record, temporary tag, or regular tag.
28 2. Check of law enforcement report for tag number or
29 other information identifying the vehicle or vessel, if the
30 vehicle or vessel was towed at the request of a law
31 enforcement officer.
87
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 3. Check of trip sheet or tow ticket of tow truck
2 operator to see if a tag was on vehicle at beginning of tow,
3 if private tow.
4 4. If there is no address of the owner on the impound
5 report, check of law enforcement report to see if an
6 out-of-state address is indicated from driver license
7 information.
8 5. Check of vehicle or vessel for inspection sticker
9 or other stickers and decals that may indicate a state of
10 possible registration.
11 6. Check of the interior of the vehicle or vessel for
12 any papers that may be in the glove box, trunk, or other areas
13 for a state of registration.
14 7. Check of vehicle for vehicle identification number.
15 8. Check of vessel for vessel registration number.
16 9. Check of vessel hull for a hull identification
17 number which should be carved, burned, stamped, embossed, or
18 otherwise permanently affixed to the outboard side of the
19 transom or, if there is no transom, to the outmost seaboard
20 side at the end of the hull that bears the rudder or other
21 steering mechanism.
22 (5)(a) The owner of a vehicle or vessel removed
23 pursuant to the provisions of subsection (2), or any person
24 claiming a lien, other than the towing-storage operator,
25 within 10 days after the time she or he has knowledge of the
26 location of the vehicle or vessel, may file a complaint in the
27 county court of the county in which the vehicle or vessel is
28 stored or in which the owner resides to determine if her or
29 his property was wrongfully taken or withheld from her or him.
30 (b) Upon filing of a complaint, an owner or lienholder
31 may have her or his vehicle or vessel released upon posting
88
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 with the court a cash or surety bond or other adequate
2 security equal to the amount of the charges for towing or
3 storage and lot rental amount to ensure the payment of such
4 charges in the event she or he does not prevail. Upon the
5 posting of the bond and the payment of the applicable fee set
6 forth in s. 28.24, the clerk of the court shall issue a
7 certificate notifying the lienor of the posting of the bond
8 and directing the lienor to release the vehicle or vessel. At
9 the time of such release, after reasonable inspection, she or
10 he shall give a receipt to the towing-storage company reciting
11 any claims she or he has for loss or damage to the vehicle or
12 vessel or the contents thereof.
13 (c) Upon determining the respective rights of the
14 parties, the court may award damages and costs in favor of the
15 prevailing party. In any event, the final order shall provide
16 for immediate payment in full of recovery, towing, and storage
17 fees by the vehicle or vessel owner or lienholder; or the
18 agency ordering the tow; or the owner, lessee, or agent
19 thereof of the property from which the vehicle or vessel was
20 removed.
21 (6) Any vehicle or vessel that which is stored
22 pursuant to subsection (2) and that which remains unclaimed,
23 or for which reasonable charges for recovery, towing, or
24 storing remain unpaid or for which a lot rental amount is due
25 and owing to the mobile home park owner, as evidenced by a
26 judgment for unpaid rent, and any contents not released
27 pursuant to subsection (10), may be sold by the owner or
28 operator of the storage space for such towing or storage
29 charge or unpaid lot rental amount after 35 days from the time
30 the vehicle or vessel is stored therein if the vehicle or
31 vessel is more than 5 years of age and after 60 days from the
89
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 time the vehicle or vessel is stored therein if the vehicle or
2 vessel is 5 years of age or less. The sale shall be at public
3 auction for cash. If the date of the sale was not included in
4 the notice required in subsection (4), notice of the sale
5 shall be given to the person in whose name the vehicle,
6 vessel, or mobile home is registered, to the mobile home park
7 owner, and to all persons claiming a lien on the vehicle or
8 vessel as shown on the records of the Department of Highway
9 Safety and Motor Vehicles or of the corresponding agency in
10 any other state. Notice shall be sent by certified mail,
11 return receipt requested, to the owner of the vehicle or
12 vessel and the person having the recorded lien on the vehicle
13 or vessel at the address shown on the records of the
14 registering agency and shall be mailed not less than 15 days
15 before the date of the sale. After diligent search and
16 inquiry, if the name and address of the registered owner or
17 the owner of the recorded lien cannot be ascertained, the
18 requirements of notice by mail may be dispensed with. In
19 addition to the notice by mail, public notice of the time and
20 place of sale shall be made by publishing a notice thereof one
21 time, at least 10 days prior to the date of the sale, in a
22 newspaper of general circulation in the county in which the
23 sale is to be held. The proceeds of the sale, after payment
24 of reasonable towing and storage charges, costs of the sale,
25 and the unpaid lot rental amount, in that order of priority,
26 shall be deposited with the clerk of the circuit court for the
27 county if the owner is absent, and the clerk shall hold such
28 proceeds subject to the claim of the person legally entitled
29 thereto. The clerk shall be entitled to receive 5 percent of
30 such proceeds for the care and disbursement thereof. The
31
90
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 certificate of title issued under this law shall be discharged
2 of all liens unless otherwise provided by court order.
3 (7)(a) A wrecker operator recovering, towing, or
4 storing vehicles or vessels is not liable for damages
5 connected with such services, theft of such vehicles or
6 vessels, or theft of personal property contained in such
7 vehicles or vessels, provided that such services have been
8 performed with reasonable care and provided, further, that, in
9 the case of removal of a vehicle or vessel upon the request of
10 a person purporting, and reasonably appearing, to be the owner
11 or lessee, or a person authorized by the owner or lessee, of
12 the property from which such vehicle or vessel is removed,
13 such removal has been done in compliance with s. 715.07.
14 Further, a wrecker operator is not liable for damage connected
15 with such services when complying with the lawful directions
16 of a law enforcement officer to remove a vehicle stopped,
17 standing, or parked upon a street or highway in such a
18 position as to obstruct the normal movement of traffic or in
19 such a condition as to create a hazard to other traffic upon
20 the street or highway.
21 (b) For the purposes of this subsection, a wrecker
22 operator is presumed to use reasonable care to prevent the
23 theft of a vehicle or vessel or of any personal property
24 contained in such vehicle stored in the wrecker operator's
25 storage facility if all of the following apply:
26 1. The wrecker operator surrounds the storage facility
27 with a chain-link or solid-wall type fence at least 6 feet in
28 height;
29 2. The wrecker operator has illuminated the storage
30 facility with lighting of sufficient intensity to reveal
31
91
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 persons and vehicles at a distance of at least 150 feet during
2 nighttime; and
3 3. The wrecker operator uses one or more of the
4 following security methods to discourage theft of vehicles or
5 vessels or of any personal property contained in such vehicles
6 or vessels stored in the wrecker operator's storage facility:
7 a. A night dispatcher or watchman remains on duty at
8 the storage facility from sunset to sunrise;
9 b. A security dog remains at the storage facility from
10 sunset to sunrise;
11 c. Security cameras or other similar surveillance
12 devices monitor the storage facility; or
13 d. A security guard service examines the storage
14 facility at least once each hour from sunset to sunrise.
15 (c) Any law enforcement agency requesting that a motor
16 vehicle be removed from an accident scene, street, or highway
17 must conduct an inventory and prepare a written record of all
18 personal property found in the vehicle before the vehicle is
19 removed by a wrecker operator. However, if the owner or driver
20 of the motor vehicle is present and accompanies the vehicle,
21 no inventory by law enforcement is required. A wrecker
22 operator is not liable for the loss of personal property
23 alleged to be contained in such a vehicle when such personal
24 property was not identified on the inventory record prepared
25 by the law enforcement agency requesting the removal of the
26 vehicle.
27 (8) A person regularly engaged in the business of
28 recovering, towing, or storing vehicles or vessels, except a
29 person licensed under chapter 493 while engaged in
30 "repossession" activities as defined in s. 493.6101, may not
31 operate a wrecker, tow truck, or car carrier unless the name,
92
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 address, and telephone number of the company performing the
2 service is clearly printed in contrasting colors on the driver
3 and passenger sides of its vehicle. The name must be in at
4 least 3-inch permanently affixed letters, and the address and
5 telephone number must be in at least 1-inch permanently
6 affixed letters.
7 (9) Failure to make good faith best efforts to comply
8 with the notice requirements of this section shall preclude
9 the imposition of any storage charges against such vehicle or
10 vessel.
11 (10) Persons who provide services pursuant to this
12 section shall permit vehicle or vessel owners or their agents,
13 which agency is evidenced by a writing acknowledged by the
14 owner before a notary public or other person empowered by law
15 to administer oaths, to inspect the towed vehicle or vessel
16 and shall release to the owner or agent all personal property
17 not affixed to the vehicle or vessel which was in the vehicle
18 or vessel at the time the vehicle or vessel came into the
19 custody of the person providing such services.
20 (11)(a) Any person regularly engaged in the business
21 of recovering, towing, or storing vehicles or vessels who
22 comes into possession of a vehicle or vessel pursuant to
23 subsection (2) and who has complied with the provisions of
24 subsections (3) and (6), when such vehicle or vessel is to be
25 sold for purposes of being dismantled, destroyed, or changed
26 in such manner that it is not the motor vehicle, vessel, or
27 mobile home described in the certificate of title, shall apply
28 to the county tax collector for a certificate of destruction.
29 A certificate of destruction, which authorizes the dismantling
30 or destruction of the vehicle or vessel described therein,
31 shall be reassignable and shall accompany the vehicle or
93
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 vessel for which it is issued, when such vehicle or vessel is
2 sold for such purposes, in lieu of a certificate of title.
3 The application for a certificate of destruction must include
4 an affidavit from the applicant that it has complied with all
5 applicable requirements of this section and, if the vehicle or
6 vessel is not registered in this state, by a statement from a
7 law enforcement officer that the vehicle or vessel is not
8 reported stolen, and shall be accompanied by such
9 documentation as may be required by the department.
10 (b) The Department of Highway Safety and Motor
11 Vehicles shall charge a fee of $3 for each certificate of
12 destruction. A service charge of $4.25 shall be collected and
13 retained by the tax collector who processes the application.
14 (c) The Department of Highway Safety and Motor
15 Vehicles may adopt such rules as it deems necessary or proper
16 for the administration of this subsection.
17 (12)(a) Any person who violates any provision of
18 subsection (1), subsection (2), subsection (4), subsection
19 (5), subsection (6), or subsection (7) is guilty of a
20 misdemeanor of the first degree, punishable as provided in s.
21 775.082 or s. 775.083.
22 (b) Any person who violates the provisions of
23 subsections (8) through (11) is guilty of a felony of the
24 third degree, punishable as provided in s. 775.082, s.
25 775.083, or s. 775.084.
26 (c) Any person who uses a false or fictitious name,
27 gives a false or fictitious address, or makes any false
28 statement in any application or affidavit required under the
29 provisions of this section is guilty of a felony of the third
30 degree, punishable as provided in s. 775.082, s. 775.083, or
31 s. 775.084.
94
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 Section 55. Section 715.05, Florida Statutes, is
2 repealed.
3 Section 56. Section 715.07, Florida Statutes, is
4 amended to read:
5 715.07 Vehicles parked on private property; towing.--
6 (1) As used in this section, the term:
7 (a) "Vehicle" means any mobile item that which
8 normally uses wheels, whether motorized or not.
9 (b) "Vessel" means any form of watercraft, barge, or
10 air boat used or capable of being used as a means of
11 transportation on water, other than a seaplane or a documented
12 vessel as defined in s. 327.02(8).
13 (2) The owner or lessee of real property, or any
14 person authorized by the owner or lessee, which person may be
15 the designated representative of the condominium association
16 if the real property is a condominium, may cause any vehicle
17 or vessel parked or located on such property without her or
18 his permission to be removed by a person regularly engaged in
19 the business of towing vehicles or vessels, without liability
20 for the costs of removal, transportation, or storage or
21 damages caused by such removal, transportation, or storage,
22 under any of the following circumstances:
23 (a) The towing or removal of any vehicle or vessel
24 from private property without the consent of the registered
25 owner or other legally authorized person in control of that
26 vehicle or vessel is subject to strict compliance with the
27 following conditions and restrictions:
28 1.a. Any towed or removed vehicle or vessel must be
29 stored at a site within 10 miles of the point of removal in
30 any county of 500,000 population or more, and within 15 miles
31 of the point of removal in any county of less than 500,000
95
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 population. That site must be open for the purpose of
2 redemption of vehicles or vessels on any day that the person
3 or firm towing such vehicle or vessel is open for towing
4 purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall
5 have prominently posted a sign indicating a telephone number
6 where the operator of the site can be reached at all times.
7 Upon receipt of a telephoned request to open the site to
8 redeem a vehicle or vessel, the operator shall return to the
9 site within 1 hour or she or he will be in violation of this
10 section.
11 b. If no towing business providing such service is
12 located within the area of towing limitations set forth in
13 sub-subparagraph a., the following limitations apply: any
14 towed or removed vehicle or vessel must be stored at a site
15 within 20 miles of the point of removal in any county of
16 500,000 population or more, and within 30 miles of the point
17 of removal in any county of less than 500,000 population.
18 2. The person or firm towing or removing the vehicle
19 or vessel shall, within 30 minutes of completion of such
20 towing or removal, notify the municipal police department or,
21 in an unincorporated area, the sheriff of such towing or
22 removal, the storage site, the time the vehicle or vessel was
23 towed or removed, and the make, model, color, and license
24 plate number of the vehicle or the make, model, color, and
25 registration number of the vessel and shall obtain the name of
26 the person at that department to whom such information was
27 reported and note that name on the trip record.
28 3. If the registered owner or other legally authorized
29 person in control of the vehicle or vessel arrives at the
30 scene prior to removal or towing of the vehicle or vessel, the
31 vehicle or vessel shall be disconnected from the towing or
96
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 removal apparatus, and that person shall be allowed to remove
2 the vehicle or vessel without interference upon the payment of
3 a reasonable service fee of not more than one-half of the
4 posted rate for such towing service as provided in
5 subparagraph 6., for which a receipt shall be given, unless
6 that person refuses to remove the vehicle or vessel which is
7 otherwise unlawfully parked or located.
8 4. The rebate or payment of money or any other
9 valuable consideration from the individual or firm towing or
10 removing vehicles or vessels to the owners or operators of the
11 premises from which the vehicles or vessels are towed or
12 removed, for the privilege of removing or towing those
13 vehicles or vessels, is prohibited.
14 5. Except for property appurtenant to and obviously a
15 part of a single-family residence, and except for instances
16 when notice is personally given to the owner or other legally
17 authorized person in control of the vehicle or vessel that the
18 area in which that vehicle or vessel is parked is reserved or
19 otherwise unavailable for unauthorized vehicles or vessels and
20 subject to being removed at the owner's or operator's expense,
21 any property owner or lessee, or person authorized by the
22 property owner or lessee, prior to towing or removing any
23 vehicle or vessel from private property without the consent of
24 the owner or other legally authorized person in control of
25 that vehicle or vessel, must post a notice meeting the
26 following requirements:
27 a. The notice must be prominently placed at each
28 driveway access or curb cut allowing vehicular access to the
29 property, within 5 feet from the public right-of-way line. If
30 there are no curbs or access barriers, the signs must be
31
97
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 posted not less than one sign for each 25 feet of lot
2 frontage.
3 b. The notice must clearly indicate, in not less than
4 2-inch high, light-reflective letters on a contrasting
5 background, that unauthorized vehicles or vessels will be
6 towed away at the owner's expense. The words "tow-away zone"
7 must be included on the sign in not less than 4-inch high
8 letters.
9 c. The notice must also provide the name and current
10 telephone number of the person or firm towing or removing the
11 vehicles or vessels, if the property owner, lessee, or person
12 in control of the property has a written contract with the
13 towing company.
14 d. The sign structure containing the required notices
15 must be permanently installed with the words "tow-away zone"
16 not less than 3 feet and not more than 6 feet above ground
17 level and must be continuously maintained on the property for
18 not less than 24 hours prior to the towing or removal of any
19 vehicles or vessels.
20 e. The local government may require permitting and
21 inspection of these signs prior to any towing or removal of
22 vehicles or vessels being authorized.
23 f. A business with 20 or fewer parking spaces
24 satisfies the notice requirements of this subparagraph by
25 prominently displaying a sign stating "Reserved Parking for
26 Customers Only Unauthorized Vehicles or Vessels Will be Towed
27 Away At the Owner's Expense" in not less than 4-inch high,
28 light-reflective letters on a contrasting background.
29
30 A business owner or lessee may authorize the removal of a
31 vehicle or vessel by a towing company when the vehicle or
98
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 vessel is parked in such a manner that restricts the normal
2 operation of business; and if a vehicle or vessel parked on a
3 public right-of-way obstructs access to a private driveway the
4 owner, lessee, or agent may have the vehicle or vessel removed
5 by a towing company upon signing an order that the vehicle or
6 vessel be removed without a posted tow-away zone sign.
7 6. Any person or firm that tows or removes vehicles or
8 vessels and proposes to require an owner, operator, or person
9 in control of a vehicle or vessel to pay the costs of towing
10 and storage prior to redemption of the vehicle or vessel must
11 file and keep on record with the local law enforcement agency
12 a complete copy of the current rates to be charged for such
13 services and post at the storage site an identical rate
14 schedule and any written contracts with property owners,
15 lessees, or persons in control of property which authorize
16 such person or firm to remove vehicles or vessels as provided
17 in this section.
18 7. Any person or firm towing or removing any vehicles
19 or vessels from private property without the consent of the
20 owner or other legally authorized person in control of the
21 vehicles or vessels shall, on any trucks, wreckers as defined
22 in s. 713.78(1)(b), or other vehicles or vessels used in the
23 towing or removal, have the name, address, and telephone
24 number of the company performing such service clearly printed
25 in contrasting colors on the driver and passenger sides of the
26 vehicle or vessel. The name shall be in at least 3-inch
27 permanently affixed letters, and the address and telephone
28 number shall be in at least 1-inch permanently affixed
29 letters.
30 8. Vehicle entry for the purpose of removing the
31 vehicle or vessel shall be allowed with reasonable care on the
99
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 part of the person or firm towing the vehicle or vessel. Such
2 person or firm shall be liable for any damage occasioned to
3 the vehicle or vessel if such entry is not in accordance with
4 the standard of reasonable care.
5 9. When a vehicle or vessel has been towed or removed
6 pursuant to this section, it must be released to its owner or
7 custodian within one hour after requested. Any vehicle or
8 vessel owner, custodian, or agent shall have the right to
9 inspect the vehicle or vessel before accepting its return, and
10 no release or waiver of any kind which would release the
11 person or firm towing the vehicle or vessel from liability for
12 damages noted by the owner or other legally authorized person
13 at the time of the redemption may be required from any vehicle
14 or vessel owner, custodian, or agent as a condition of release
15 of the vehicle or vessel to its owner. A detailed, signed
16 receipt showing the legal name of the company or person towing
17 or removing the vehicle or vessel must be given to the person
18 paying towing or storage charges at the time of payment,
19 whether requested or not.
20 (b) These requirements shall be the minimum standards
21 and shall not preclude enactment of additional regulations by
22 any municipality or county including the right to regulate
23 rates when vehicles or vessels are towed from private
24 property.
25 (3) This section does not apply to law enforcement,
26 firefighting, rescue squad, ambulance, or other emergency
27 vehicles or vessels that which are marked as such or to
28 property owned by any governmental entity.
29 (4) When a person improperly causes a vehicle or
30 vessel to be removed, such person shall be liable to the owner
31 or lessee of the vehicle or vessel for the cost of removal,
100
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 transportation, and storage; any damages resulting from the
2 removal, transportation, or storage of the vehicle or vessel;
3 attorneys' fees; and court costs.
4 (5) Failure to make good-faith best efforts to comply
5 with the notice requirement of this section as appropriate
6 precludes the imposition of any towing or storage charges
7 against such vehicle or vessel.
8 (6)(5)(a) Any person who violates the provisions of
9 subparagraph (2)(a)2. or subparagraph (2)(a)6. is guilty of a
10 misdemeanor of the first degree, punishable as provided in s.
11 775.082 or s. 775.083.
12 (b) Any person who violates the provisions of
13 subparagraph (2)(a)7. is guilty of a felony of the third
14 degree, punishable as provided in s. 775.082, s. 775.083, or
15 s. 775.084.
16 Section 57. Subsection (3) is added to section 832.09,
17 Florida Statutes, to read:
18 832.09 Suspension of driver license after warrant or
19 capias is issued in worthless check case.--
20 (3) The Department of Highway Safety and Motor
21 Vehicles shall create a standardized form to be distributed to
22 the clerk of the circuit court in each county for the purpose
23 of notifying the department that a person has satisfied the
24 requirements of the court. Notices of compliance with the
25 court's requirements shall be on the standardized form
26 provided by the department.
27 Section 58. Except as otherwise expressly provided in
28 this act, this act shall take effect October 1, 2001.
29
30
31
101
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1068
3
4 The CS provides a definition for motorized scooter and exempts
a motorized scooter from the definition of motor vehicle.
5
The CS authorizes DHSMV compliance examiners to issue
6 citations for certain illegally parked vehicles.
7 The CS provides that motorized scooters are subject to similar
operating regulations as bicycles. However, the operator of a
8 motorized scooter would not be subject to the helmet use
requirement which is applicable to bicycles.
9
The CS provides that vehicles carrying agricultural products
10 locally from a field harvest site to a farm storage site or a
farm feed lot, on roads where the posted speed limit is less
11 than 55 miles per hour and the distance traveled on public
roads is less than 10 miles, are exempt from provisions
12 relating to limits on loads.
13 The CS provides that each governmental entity and court shall
provide, issue, and maintain information on driver improvement
14 schools, including a list of course providers who license
driver improvement schools within the applicable geographical
15 area, with a telephone number for each provider.
16 The CS exempts motorized scooters from the definition of motor
vehicle. In addition, the CS revises the definition of a
17 motor home to conform to the length limitations contained in
s. 316.515, F.S.
18
The CS provides that recipients of funds generated through a
19 voluntary checkoff on vehicle registration are subject to the
provisions of the the Florida Single Audit Act.
20
The CS amends s. 320.08056, F.S, to exempt the license plates
21 of Barry University and Bethune-Cookman College from the
discontinuance requirements. This would apply this exemption
22 provision to all collegiate specialty license plates.
23 The CS provides that recipients of funds generated through
specialty license plates are subject to the provisions of the
24 Florida Single Audit Act.
25 The CS provides that DHSMV may cancel the registration of a
vehicle if the owner has failed to pay a Department of
26 Transportation weight or safety violation penalty.
27 The CS revises numerous provisions relating to the denial,
suspension, or revocation of motor vehicle dealers license.
28
The CS provides that a motorized scooter is not a motor
29 vehicle for drivers' licensing purposes.
30 The CS provides DHSMV is to approve and regulate certain
driver improvement courses (advanced driver improvement) that
31 rely on technology for delivery. The CS also provides criteria
for course approval.
102
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1068
306-1681-01
1 The CS provides that recipients of funds generated through a
voluntary check-off on driver's license applications are
2 subject to the provisions of the the Florida Single Audit Act.
3 The CS provides the Department is to approve and regulate
certain driver improvement courses (Traffic Law and Substance
4 Abuse Education courses) that rely on technology as the
delivery method. The CS also provides criteria for course
5 approval.
6 The CS repeals s. 322.282, F.S., which relates to issuance of
temporary driving permits when a license is suspended. This
7 reference is no longer needed because a temporary permit is
issued at the scene of the arrest.
8
The CS amends s. 322.331, F.S., to provide that an individual
9 whose license revocation has expired will be reinstated
without a hearing.
10
CS amends s. 324.091, F.S., to authorize DHSMV to grant an
11 approved third party provider electronic access to vehicle
insurer information. The third-party provider would, for a
12 fee, allow insurers, lawyers and financial institutions to
access insurance information for subrogation and claims
13 purposes.
14 The CS deletes the September 2001, repeal of the Pilot
Recreational Vehicle Mediation and Arbitration Program. The
15 also CS provides for technical corrections to an arbitrator's
decision and revises provisions relating to the appeal of an
16 arbitrator's decision to circuit court.
17 Further, the CS moves the notice requirement to be followed
when law enforcement authorizes the removal of a vehicle from
18 s. 715.05, F.S., to s. 713.78, F.S. The CS also revises
requirements relating to the sale of unclaimed vehicles.
19
20
21
22
23
24
25
26
27
28
29
30
31
103
CODING: Words stricken are deletions; words underlined are additions.