Senate Bill sb1068c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                    CS for CS for SB 1068

    By the Committees on Comprehensive Planning, Local and
    Military Affairs; Transportation; and Senator Sebesta




    316-1871-01

  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 CS for SB 1068
    316-1871-01




  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 CS for SB 1068
    316-1871-01




  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; creating s. 320.691, F.S.; creating

27         the Automobile Dealers Industry Advisory Board

28         within the Department of Highway Safety and

29         Motor Vehicles; providing for appointment of

30         members; providing terms of office; requiring

31         the board to make an annual report to the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         Governor and the Legislature; amending s.

  2         322.01, F.S.; providing that a motorized

  3         scooter is not a motor vehicle for driver's

  4         licensing purposes; amending s. 322.0261, F.S.;

  5         requiring the department to regulate and

  6         approve certain courses for driver improvement

  7         schools; amending s. 322.05, F.S.; conforming a

  8         statutory cross-reference; amending s. 322.081,

  9         F.S.; conforming provisions to the Florida

10         Single Audit Act; amending s. 322.095, F.S.;

11         requiring the department to approve and

12         regulate certain courses for driver improvement

13         schools; amending s. 322.161, F.S.; increasing

14         the number of points that a driver under a

15         specified age may accumulate before the

16         department is required to issue that driver a

17         restricted license; creating s. 322.222, F.S.;

18         authorizing the department to conduct hearings

19         for medical review cases; amending s. 322.2615,

20         F.S.; revising provisions relating to temporary

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

22         revising provisions relating to the revocation

23         of license for habitual traffic offenders;

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

25         provisions; repealing s. 322.282, F.S., which

26         prescribes procedures governing certain

27         court-ordered reinstatements of a driver's

28         license or driving privilege; amending s.

29         322.292, F.S.; revising requirements relating

30         to the operation of DUI programs; repealing s.

31         322.331, F.S., relating to the restoration of

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         the license of habitual traffic offenders;

  2         amending s. 322.61, F.S.; revising provisions

  3         relating to the disqualification from operating

  4         a commercial motor vehicle; amending s. 322.64,

  5         F.S.; revising provisions relating to

  6         commercial vehicle operators and driving under

  7         the influence; amending s. 324.091, F.S.;

  8         providing for electronic access to vehicle

  9         insurance information; amending s. 328.01,

10         F.S.; revising requirements relating to the

11         application for certificate of title; amending

12         s. 328.42, F.S.; revising provisions relating

13         to the payment of certain transactions by

14         dishonored check; amending s. 328.56, F.S.;

15         revising provisions relating to the display of

16         vessel registration numbers; amending s.

17         328.72, F.S.; revising requirements relating to

18         the transfer of an antique vessel; amending s.

19         328.76, F.S.; providing for an annual

20         appropriation to the Highway Safety Operating

21         Trust Fund; amending s. 681.1096, F.S.;

22         extending the pilot program an additional

23         period; amending s. 681.1097, F.S.; providing

24         for technical corrections to an arbitrator's

25         decision; prescribing guidelines for appealing

26         an arbitrator's decision; amending s. 681.115,

27         F.S.; expanding the conditions under which

28         agreements may be voided; amending s. 713.78,

29         F.S.; providing for the notification of

30         insurers when a vehicle is towed; revising

31         requirements for selling an unclaimed vehicle

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         or vessel; repealing s. 715.05, F.S., relating

  2         to the reporting of unclaimed motor vehicles;

  3         amending s. 715.07, F.S.; redefining the term

  4         "vessel"; providing for the removal of

  5         undocumented vessels from private property;

  6         amending s. 832.09, F.S.; providing for the use

  7         of a standardized form in reporting certain

  8         information to the department; providing

  9         effective dates.

10

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

12

13         Section 1.  Subsection (21) of section 316.003, Florida

14  Statutes, is amended, and subsection (82) is added to that

15  section, to read:

16         316.003  Definitions.--The following words and phrases,

17  when used in this chapter, shall have the meanings

18  respectively ascribed to them in this section, except where

19  the context otherwise requires:

20         (21)  MOTOR VEHICLE.--Any self-propelled vehicle not

21  operated upon rails or guideway, but not including any

22  bicycle, motorized scooter, or moped.

23         (82)  MOTORIZED SCOOTER.--Any vehicle not having a seat

24  or saddle for the use of the rider and designed to travel on

25  not more than three wheels, and not capable of propelling the

26  vehicle at a speed greater than 30 miles per hour on level

27  ground.

28         Section 2.  Paragraph (a) of subsection (1) of section

29  316.1945, Florida Statutes, is amended to read:

30         316.1945  Stopping, standing, or parking prohibited in

31  specified places.--

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

  3  police officer or official traffic control device, no person

  4  shall:

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

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

  7  parked at the edge or curb of a street.

  8         2.  On a sidewalk.

  9         3.  Within an intersection.

10         4.  On a crosswalk.

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

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

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

14  indicates a different length by signs or markings.

15         6.  Alongside or opposite any street excavation or

16  obstruction when stopping, standing, or parking would obstruct

17  traffic.

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

19  highway or within a highway tunnel.

20         8.  On any railroad tracks.

21         9.  On a bicycle path.

22         10.  At any place where official traffic control

23  devices prohibit stopping.

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

25  facility, except as provided by regulation of the Department

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

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

28  condition improper to be driven as a result of mechanical

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

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

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

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  or assistance to a disabled vehicle in obedience to the

  2  directions of a law enforcement officer or to a person

  3  stopping a vehicle in compliance with applicable traffic laws.

  4         12.  For the purpose of loading or unloading a

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

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

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

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

  9  vehicle.

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

11  median, in areas not designated for parking.

12         Section 3.  Subsection (4) of section 316.1951, Florida

13  Statutes, as amended by section 45 of chapter 2000-17, Laws of

14  Florida, is amended to read:

15         316.1951  Parking for certain purposes prohibited.--

16         (4)  A law enforcement officer, compliance examiner, or

17  license inspector, or supervisor of the department, as

18  authorized in s. 320.58(1)(a), may cause to be removed at the

19  owner's expense any motor vehicle found upon a public street,

20  public parking lot, other public property, or private

21  property, where the public has the right to travel by motor

22  vehicle, which is in violation of subsection (1). Every

23  written notice issued pursuant to this section shall be

24  affixed in a conspicuous place upon a vehicle by a law

25  enforcement officer, compliance examiner, or license

26  inspector, or supervisor of the department. Any vehicle found

27  in violation of subsection (1) within 10 days after a previous

28  violation and written notice shall be subject to immediate

29  removal without an additional waiting period.

30         Section 4.  Subsection (2) of section 316.1975, Florida

31  Statutes, is amended to read:

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         316.1975  Unattended motor vehicle.--

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

  3         (a)  An authorized emergency vehicle while in the

  4  performance of official duties and the vehicle is equipped

  5  with an activated antitheft device that prohibits the vehicle

  6  from being driven; or

  7         (b)  A licensed delivery truck or other delivery

  8  vehicle while making deliveries.

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

10  collecting such items.

11         Section 5.  Section 316.2065, Florida Statutes, is

12  amended to read:

13         316.2065  Bicycle and motorized scooter regulations.--

14         (1)  Every person propelling a vehicle by human power,

15  or operating a motorized scooter as defined in s. 316.003, has

16  all of the rights and all of the duties applicable to the

17  driver of any other vehicle under this chapter, except as to

18  special regulations in this chapter, and except as to

19  provisions of this chapter which by their nature can have no

20  application.

21         (2)  A person operating a bicycle may not ride other

22  than upon or astride a permanent and regular seat attached

23  thereto.

24         (3)(a)  A bicycle may not be used to carry more persons

25  at one time than the number for which it is designed or

26  equipped, except that an adult rider may carry a child

27  securely attached to his or her person in a backpack or sling.

28         (b)  Except as provided in paragraph (a), a bicycle

29  rider must carry any passenger who is a child under 4 years of

30  age, or who weighs 40 pounds or less, in a seat or carrier

31  that is designed to carry a child of that age or size and that

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  secures and protects the child from the moving parts of the

  2  bicycle.

  3         (c)  A bicycle rider may not allow a passenger to

  4  remain in a child seat or carrier on a bicycle when the rider

  5  is not in immediate control of the bicycle.

  6         (d)  A bicycle rider or passenger who is under 16 years

  7  of age must wear a bicycle helmet that is properly fitted and

  8  is fastened securely upon the passenger's head by a strap, and

  9  that meets the standards of the American National Standards

10  Institute (ANSI Z 90.4 Bicycle Helmet Standards), the

11  standards of the Snell Memorial Foundation (1984 Standard for

12  Protective Headgear for Use in Bicycling), or any other

13  nationally recognized standards for bicycle helmets adopted by

14  the department. As used in this subsection, the term

15  "passenger" includes a child who is riding in a trailer or

16  semitrailer attached to a bicycle.

17         (e)  Law enforcement officers and school crossing

18  guards may issue a bicycle safety brochure and a verbal

19  warning to a bicycle rider or passenger who violates this

20  subsection. A bicycle rider or passenger who violates this

21  subsection may be issued a citation by a law enforcement

22  officer and assessed a fine for a pedestrian violation, as

23  provided in s. 318.18.  The court shall dismiss the charge

24  against a bicycle rider or passenger for a first violation of

25  paragraph (d) upon proof of purchase of a bicycle helmet that

26  complies with this subsection.

27         (f)  A person operating a motorized scooter may not

28  carry passengers.

29         (4)  No person riding upon any bicycle, coaster, roller

30  skates, sled, motorized scooter, or toy vehicle may attach the

31  same or himself or herself to any vehicle upon a roadway. This

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  subsection does not prohibit attaching a bicycle trailer or

  2  bicycle semitrailer to a bicycle if that trailer or

  3  semitrailer is commercially available and has been designed

  4  for such attachment.

  5         (5)(a)  Any person operating a bicycle upon a roadway

  6  at less than the normal speed of traffic at the time and place

  7  and under the conditions then existing shall ride as close as

  8  practicable to the right-hand curb or edge of the roadway

  9  except under any of the following situations:

10         1.  When overtaking and passing another bicycle,

11  motorized scooter, or vehicle proceeding in the same

12  direction.

13         2.  When preparing for a left turn at an intersection

14  or into a private road or driveway.

15         3.  When reasonably necessary to avoid any condition,

16  including, but not limited to, a fixed or moving object,

17  parked or moving vehicle, bicycle, motorized scooter,

18  pedestrian, animal, surface hazard, or substandard-width lane,

19  that makes it unsafe to continue along the right-hand curb or

20  edge.  For the purposes of this subsection, a

21  "substandard-width lane" is a lane that is too narrow for a

22  bicycle or motorized scooter and another vehicle to travel

23  safely side by side within the lane.

24         (b)  Any person operating a bicycle or motorized

25  scooter upon a one-way highway with two or more marked traffic

26  lanes may ride as near the left-hand curb or edge of such

27  roadway as practicable.

28         (6)  Persons riding bicycles or motorized scooters upon

29  a roadway may not ride more than two abreast except on paths

30  or parts of roadways set aside for the exclusive use of

31  bicycles.  Persons riding two abreast may not impede traffic

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  when traveling at less than the normal speed of traffic at the

  2  time and place and under the conditions then existing and

  3  shall ride within a single lane.

  4         (7)  Any person operating a bicycle or motorized

  5  scooter shall keep at least one hand upon the handlebars.

  6         (8)  Every bicycle or motorized scooter in use between

  7  sunset and sunrise shall be equipped with a lamp on the front

  8  exhibiting a white light visible from a distance of at least

  9  500 feet to the front and a lamp and reflector on the rear

10  each exhibiting a red light visible from a distance of 600

11  feet to the rear.  A bicycle or motorized scooter its rider

12  may be equipped with lights or reflectors in addition to those

13  required by this section.

14         (9)  No parent of any minor child and no guardian of

15  any minor ward may authorize or knowingly permit any such

16  minor child or ward to violate any of the provisions of this

17  section.

18         (10)  A person propelling a vehicle by human power or

19  operating a motorized scooter upon and along a sidewalk, or

20  across a roadway upon and along a crosswalk, has all the

21  rights and duties applicable to a pedestrian under the same

22  circumstances.

23         (11)  A person propelling a bicycle upon and along a

24  sidewalk, or across a roadway upon and along a crosswalk,

25  shall yield the right-of-way to any pedestrian and shall give

26  an audible signal before overtaking and passing such

27  pedestrian.

28         (12)  No person upon roller skates, or riding in or by

29  means of any coaster, toy vehicle, or similar device, may go

30  upon any roadway except while crossing a street on a

31  crosswalk; and, when so crossing, such person shall be granted

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  all rights and shall be subject to all of the duties

  2  applicable to pedestrians.

  3         (13)  This section shall not apply upon any street

  4  while set aside as a play street authorized herein or as

  5  designated by state, county, or municipal authority.

  6         (14)  Every bicycle or motorized scooter shall be

  7  equipped with a brake or brakes which will enable its rider to

  8  stop the bicycle within 25 feet from a speed of 10 miles per

  9  hour on dry, level, clean pavement.

10         (15)  A person engaged in the business of selling

11  bicycles or motorized scooters at retail shall not sell such

12  any bicycle or motorized scooter unless it the bicycle has an

13  identifying number permanently stamped or cast on its frame.

14         (16)(a)  A person may not knowingly rent or lease any

15  bicycle to be ridden by a child who is under the age of 16

16  years unless:

17         1.  The child possesses a bicycle helmet; or

18         2.  The lessor provides a bicycle helmet for the child

19  to wear.

20         (b)  A violation of this subsection is a nonmoving

21  violation, punishable as provided in s. 318.18.

22         (17)  The court may waive, reduce, or suspend payment

23  of any fine imposed under subsection (3) or subsection (16)

24  and may impose any other conditions on the waiver, reduction,

25  or suspension. If the court finds that a person does not have

26  sufficient funds to pay the fine, the court may require the

27  performance of a specified number of hours of community

28  service or attendance at a safety seminar.

29         (18)  Notwithstanding s. 318.21, all proceeds collected

30  pursuant to s. 318.18 for violations under paragraphs (3)(e)

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  and (16)(b) shall be deposited into the State Transportation

  2  Trust Fund.

  3         (19)  The failure of a person to wear a bicycle helmet

  4  or the failure of a parent or guardian to prevent a child from

  5  riding a bicycle without a bicycle helmet may not be

  6  considered evidence of negligence or contributory negligence.

  7         (20)  Except as otherwise provided in this section, a

  8  violation of this section is a noncriminal traffic infraction,

  9  punishable as a pedestrian violation as provided in chapter

10  318. A law enforcement officer may issue traffic citations for

11  a violation of subsection (3) or subsection (16) only if the

12  violation occurs on a bicycle path or road, as defined in s.

13  334.03. However, they may not issue citations to persons on

14  private property, except any part thereof which is open to the

15  use of the public for purposes of vehicular traffic.

16         Section 6.  Subsection (2) of section 316.228, Florida

17  Statutes, is amended to read:

18         316.228  Lamps or flags on projecting load.--

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

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

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

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

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

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

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

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

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

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

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

30  the visibility requirements of this subsection. The strobe

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

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

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

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

  5  or parked on the shoulder or immediately adjacent to the

  6  traveled portion of any public roadway. The projecting load

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

  8  (1).

  9         Section 7.  Section 316.520, Florida Statutes, is

10  amended to read:

11         316.520  Loads on vehicles.--

12         (1)  A vehicle may not be driven or moved on any

13  highway unless the vehicle is so constructed or loaded as to

14  prevent any of its load from dropping, shifting, leaking,

15  blowing, or otherwise escaping therefrom, except that sand may

16  be dropped only for the purpose of securing traction or water

17  or other substance may be sprinkled on a roadway in cleaning

18  or maintaining the roadway.

19         (2)  It is the duty of every owner and driver,

20  severally, of any vehicle hauling, upon any public road or

21  highway open to the public, dirt, sand, lime rock, gravel,

22  silica, or other similar aggregate or trash, garbage, or any

23  similar material that could fall or blow from such vehicle, to

24  prevent such materials from falling, blowing, or in any way

25  escaping from such vehicle. Covering and securing the load

26  with a close-fitting tarpaulin or other appropriate cover is

27  required.

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

29  traffic infraction, punishable as a moving nonmoving violation

30  as provided in chapter 318.

31

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (4)  This section does not apply to vehicles carrying

  2  agricultural products locally from a field harvest site to a

  3  farm storage site or to a farm feed lot on roads where the

  4  posted speed limit is 55 miles per hour or less and the

  5  distance driven on public roads is less than 10 miles.

  6         Section 8.  Subsections (1), (2), and (3) of section

  7  316.640, Florida Statutes, are amended to read:

  8         316.640  Enforcement.--The enforcement of the traffic

  9  laws of this state is vested as follows:

10         (1)  STATE.--

11         (a)1.a.  The Division of Florida Highway Patrol of the

12  Department of Highway Safety and Motor Vehicles, the Division

13  of Law Enforcement of the Fish and Wildlife Conservation

14  Commission, the Division of Law Enforcement of the Department

15  of Environmental Protection, and law enforcement officers of

16  the Department of Transportation each have authority to

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

18  streets and highways thereof and elsewhere throughout the

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

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

21  as a traffic accident investigation officer any individual who

22  successfully completes at least 200 hours of instruction in

23  traffic accident investigation and court presentation through

24  the Selective Traffic Enforcement Program as approved by the

25  Criminal Justice Standards and Training Commission and funded

26  through the National Highway Traffic Safety Administration or

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

28  necessarily meet the uniform minimum standards established by

29  the commission for law enforcement officers or auxiliary law

30  enforcement officers under chapter 943. Any such traffic

31  accident investigation officer who makes an investigation at

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  based upon personal investigation, when he or she has

  3  reasonable and probable grounds to believe that a person who

  4  was involved in the accident committed an offense under this

  5  chapter, chapter 319, chapter 320, or chapter 322 in

  6  connection with the accident. This paragraph does not permit

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

  8  officers have arrest authority other than for the issuance of

  9  a traffic citation as authorized in this paragraph.

10         b.  University police officers shall have authority to

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

12  violations occur on or about any property or facilities that

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

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

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

16         c.  Community college police officers shall have the

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

18  when such violations occur on any property or facilities that

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

20  the community college system.

21         d.  Police officers employed by an airport authority

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

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

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

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

26  enforcement specialist any individual who successfully

27  completes a training program established and approved by the

28  Criminal Justice Standards and Training Commission for parking

29  enforcement specialists but who does not otherwise meet the

30  uniform minimum standards established by the commission for

31  law enforcement officers or auxiliary or part-time officers

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

  3  nor shall such parking enforcement specialist have arrest

  4  authority.

  5         (II)  A parking enforcement specialist employed by an

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

  7  and municipal laws and ordinances governing parking only when

  8  such violations are on property or facilities owned or

  9  operated by the airport authority employing the specialist, by

10  appropriate state, county, or municipal traffic citation.

11         e.  The Office of Agricultural Law Enforcement of the

12  Department of Agriculture and Consumer Services shall have the

13  authority to enforce traffic laws of this state only as

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

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

16  Agricultural Law Enforcement at its agricultural inspection

17  stations to issue any traffic tickets except those traffic

18  tickets for vehicles illegally passing the inspection station.

19         f.  School safety officers shall have the authority to

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

21  violations occur on or about any property or facilities which

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

23  the district school board.

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

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

26  violation of this subparagraph is not subject to the penalties

27  provided in chapter 318.

28         3.  Any disciplinary action taken or performance

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

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

31  enforcement activity must be in accordance with written

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  the agency and any collective bargaining unit representing

  3  such law enforcement officer. A violation of this subparagraph

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

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

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

  7  laws applicable within its authority.

  8         2.a.  The Department of Transportation shall develop

  9  training and qualifications standards for toll enforcement

10  officers whose sole authority is to enforce the payment of

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

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

13  weapons, nor shall a toll enforcement officer have arrest

14  authority.

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

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

17  operate a toll facility may employ independent contractors or

18  designate employees as toll enforcement officers; however, any

19  such toll enforcement officer must successfully meet the

20  training and qualifications standards for toll enforcement

21  officers established by the Department of Transportation.

22         (2)  COUNTIES.--

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

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

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

26  elsewhere throughout the county wherever the public has the

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

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

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

30  roads over which the county has jurisdiction pursuant to a

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

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  a traffic crash investigation officer any individual who

  3  successfully completes at least 200 hours of instruction in

  4  traffic crash investigation and court presentation through the

  5  Selective Traffic Enforcement Program (STEP) as approved by

  6  the Criminal Justice Standards and Training Commission and

  7  funded through the National Highway Traffic Safety

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

  9  commission, but who does not necessarily otherwise meet the

10  uniform minimum standards established by the commission for

11  law enforcement officers or auxiliary law enforcement officers

12  under chapter 943. Any such traffic crash investigation

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

14  crash may issue traffic citations when, based upon personal

15  investigation, he or she has reasonable and probable grounds

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

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

18  320, or chapter 322 in connection with the accident crash.

19  This paragraph does not permit the carrying of firearms or

20  other weapons, nor do such officers have arrest authority

21  other than for the issuance of a traffic citation as

22  authorized in this paragraph.

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

24  counties of this state may employ as a parking enforcement

25  specialist any individual who successfully completes a

26  training program established and approved by the Criminal

27  Justice Standards and Training Commission for parking

28  enforcement specialists, but who does not necessarily

29  otherwise meet the uniform minimum standards established by

30  the commission for law enforcement officers or auxiliary or

31  part-time officers under s. 943.12.

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         1.  A parking enforcement specialist employed by the

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

  3  is authorized to enforce all state and county laws,

  4  ordinances, regulations, and official signs governing parking

  5  within the unincorporated areas of the county by appropriate

  6  state or county citation and may issue such citations for

  7  parking in violation of signs erected pursuant to s.

  8  316.006(3) at parking areas located on property owned or

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

10  boundaries of a chartered municipality.

11         2.  A parking enforcement specialist employed pursuant

12  to this subsection shall not carry firearms or other weapons

13  or have arrest authority.

14         (3)  MUNICIPALITIES.--

15         (a)  The police department of each chartered

16  municipality shall enforce the traffic laws of this state on

17  all the streets and highways thereof and elsewhere throughout

18  the municipality wherever the public has the right to travel

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

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

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

22  which the municipality has jurisdiction pursuant to a written

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

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

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

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

27         (b)  The police department of a chartered municipality

28  may employ as a traffic crash investigation officer any

29  individual who successfully completes at least 200 hours of

30  instruction in traffic crash investigation and court

31  presentation through the Selective Traffic Enforcement Program

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  Training Commission and funded through the National Highway

  3  Traffic Safety Administration (NHTSA) or a similar program

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

  5  the uniform minimum standards established by the commission

  6  for law enforcement officers or auxiliary law enforcement

  7  officers under chapter 943. Any such traffic crash

  8  investigation officer who makes an investigation at the scene

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

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

11  has reasonable and probable grounds to believe that a person

12  involved in the accident has committed an offense under the

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

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

15  This paragraph does not shall be construed to permit the

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

17  officers have arrest authority other than for the issuance of

18  a traffic citation as authorized above.

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

20  agency or instrumentality may employ as a parking enforcement

21  specialist any individual who successfully completes a

22  training program established and approved by the Criminal

23  Justice Standards and Training Commission for parking

24  enforcement specialists, but who does not otherwise meet the

25  uniform minimum standards established by the commission for

26  law enforcement officers or auxiliary or part-time officers

27  under s. 943.12.

28         1.2.  A parking enforcement specialist employed by a

29  chartered municipality or its authorized agency or

30  instrumentality is authorized to enforce all state, county,

31  and municipal laws and ordinances governing parking within the

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  boundaries of the municipality employing the specialist, by

  2  appropriate state, county, or municipal traffic citation.

  3  Nothing in this paragraph shall be construed to permit the

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

  5  parking enforcement specialist have arrest authority.

  6         2.  A parking enforcement specialist employed pursuant

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

  8  have arrest authority.

  9         Section 9.  Subsection (5) of section 318.1451, Florida

10  Statutes, is amended to read:

11         318.1451  Driver improvement schools.--

12         (5)(a)  No governmental entity or court shall provide,

13  issue, or maintain any information or orders regarding driver

14  improvement schools or course providers, with the exception of

15  the traffic school reference guide or course provider list

16  referred to in s. 318.1451(5)(b) directing inquiries or

17  requests to the local telephone directory heading of driving

18  instruction or the traffic school reference guide. However,

19  the department is authorized to maintain the information and

20  records necessary to administer its duties and

21  responsibilities for driver improvement courses. Where such

22  information is a public record as defined in chapter 119, it

23  shall be made available to the public upon request pursuant to

24  s. 119.07(1). Course providers receiving a request for

25  information about traffic schools from geographic areas that

26  they do not serve shall provide a telephone number for a

27  course provider that they believe serves such geographic area.

28         (b)  The department shall prepare for any governmental

29  entity or court to distribute a traffic school reference guide

30  that which shall list the benefits of attending a driver

31  improvement school and contain the names of fully approved

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  course providers with a single telephone number for each such

  2  provider as furnished by the provider, but under no

  3  circumstance may any list of course providers or schools be

  4  included, and shall refer further inquiries to the telephone

  5  directory under driving instruction. The cost of producing the

  6  traffic school reference guide must be assumed equally by

  7  providers electing to have their course listed in the guide.

  8  Clerks of the court may reproduce the traffic school reference

  9  guide course provider list under the condition that each name

10  is rotated on each reproduction so that each provider occupies

11  each position on the list in an equitable manner.

12         Section 10.  Section 319.001, Florida Statutes, is

13  amended to read:

14         319.001  Definitions.--As used in this chapter, the

15  term:

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

17  Safety and Motor Vehicles.

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

19  and bumper.

20         (3)(2)  "Licensed dealer," unless otherwise

21  specifically provided, means a motor vehicle dealer licensed

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

23  320.77, or a recreational vehicle dealer licensed under s.

24  320.771.

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

26  and gas tanks.

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

28  engine case, and crank case.

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

30         (7)(3)  "New mobile home" means a mobile home the

31  equitable or legal title to which has never been transferred

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  ultimate purchaser.

  3         (8)(4)  "New motor vehicle" means a motor vehicle the

  4  equitable or legal title to which has never been transferred

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

  6  ultimate purchaser; however, when legal title is not

  7  transferred but possession of a motor vehicle is transferred

  8  pursuant to a conditional sales contract or lease and the

  9  conditions are not satisfied and the vehicle is returned to

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

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

12  selling motor vehicle dealer gives the following written

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

14  PREVIOUS PURCHASER." The purchaser shall sign an

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

16  dealer's file.

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

18  decklid, bumper and floor pan.

19         (10)(5)  "Satisfaction of lien" means full payment of a

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

21         (11)(6)  "Used motor vehicle" means any motor vehicle

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

23  (4).

24         Section 11.  Paragraphs (b) and (c) of subsection (1)

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

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

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

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

29  section to read:

30

31

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         319.14  Sale of motor vehicles registered or used as

  2  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

  3  and nonconforming vehicles.--

  4         (1)

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

  6  exchange a rebuilt vehicle until the department has stamped in

  7  a conspicuous place on the certificate of title for the

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

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

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

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

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

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

14  department in accordance with this chapter and the department

15  has, moreover, conducted the physical examination of the

16  vehicle to assure the identification identity of the vehicle

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

18  319.30(1)(e), which have been repaired or replaced.

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

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

21  vehicle has been rebuilt.

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

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

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

25  law enforcement.

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

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

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

29  months.

30

31

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

  3  person for a period of 12 months or longer.

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

  5  vehicles and long-term-lease vehicles.

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

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

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

  9  mobile home assembled from parts or combined from parts of

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

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

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

13  loss pursuant to s. 319.30.

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

15  vehicles neither of which has been titled and branded as

16  "Salvage Unrebuildable."

17         5.6.  "Kit car" means a motor vehicle assembled with a

18  kit supplied by a manufacturer to rebuild a wrecked or

19  outdated motor vehicle with a new body kit.

20         6.7.  "Glider kit" means a vehicle assembled with a kit

21  supplied by a manufacturer to rebuild a wrecked or outdated

22  truck or truck tractor.

23         7.8.  "Replica" means a complete new motor vehicle

24  manufactured to look like an old vehicle.

25         8.9.  "Flood vehicle" means a motor vehicle or mobile

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

27  319.30(3)(a) resulting from damage caused by water.

28         9.10.  "Nonconforming vehicle" means a motor vehicle

29  which has been purchased by a manufacturer pursuant to a

30  settlement, determination, or decision under chapter 681.

31

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         10.11.  "Settlement" means an agreement entered into

  2  between a manufacturer and a consumer that occurs after a

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

  4  settlement procedure established by a manufacturer or is

  5  approved for arbitration before the New Motor Vehicle

  6  Arbitration Board as defined in s. 681.102.

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

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

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

10  disclosing in writing to the purchaser, customer, or

11  transferee the fact that the vehicle has previously been

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

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

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

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

16  as the case may be.

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

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

19  or intentionally advertises, publishes, disseminates,

20  circulates, or places before the public in any communications

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

22  exchange the vehicle shall clearly and precisely state in each

23  such offer that the vehicle has previously been titled,

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

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

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

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

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

29  person who violates this subsection is guilty of a misdemeanor

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

31  s. 775.083.

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  rebuilt vehicle or who knowingly possesses a rebuilt vehicle

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

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

  5  775.083, or s. 775.084.

  6         Section 12.  Subsection (3) of section 319.23, Florida

  7  Statutes, is amended to read:

  8         319.23  Application for, and issuance of, certificate

  9  of title.--

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

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

12  application, unless otherwise provided for in this chapter,

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

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

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

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

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

18  state.  The application shall also be accompanied by:

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

20  verifying that the vehicle identification number shown on the

21  affidavit is identical to the vehicle identification number

22  shown on the motor vehicle; or

23         2.  An appropriate departmental form evidencing that a

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

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

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

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

28  state and that the vehicle identification number shown on such

29  form is identical to the vehicle identification number shown

30  on the motor vehicle; and

31

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  affidavit from the owner verifying that the odometer reading

  3  shown on the affidavit is identical to the odometer reading

  4  shown on the motor vehicle in accordance with the requirements

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

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

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

  8  this state for the first time.

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

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

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

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

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

14  complete vehicle description to include the vehicle

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

16  price, and signatures of the seller and purchaser.

17

18  Verification of the vehicle identification number is not

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

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

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

22  or fifth-wheel recreation trailer.

23         Section 13.  Subsection (4) of section 319.27, Florida

24  Statutes, is amended to read:

25         319.27  Notice of lien on motor vehicles or mobile

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

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

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

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

30  retain title contract, conditional bill of sale, chattel

31  mortgage, or other similar instrument covering a motor vehicle

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  or mobile home previously titled or registered outside this

  2  state upon which no Florida certificate of title has been

  3  issued may use the facilities of the department for the

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

  5  creditors and purchasers of such motor vehicle or mobile home

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

  7  such lien in the department, showing the following

  8  information:

  9         1.  The date of the lien;

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

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

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

13         4.  The name and address of the lienholder.

14

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

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

17  department.

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

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

20  registered outside this state, the department shall note on

21  the Florida certificate of title the following liens:

22         1.  Any lien shown on the application for Florida

23  certificate of title; and

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

25  paragraph (a); and

26         2.3.  Any lien shown on the existing certificate of

27  title issued by another state.

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

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

30  registered outside this state, liens valid in and registered

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

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  certificate of title under the provisions of this section.

  3         Section 14.  Paragraph (a) of subsection (1) of section

  4  319.28, Florida Statutes, is amended to read:

  5         319.28  Transfer of ownership by operation of law.--

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

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

  8  inheritance, devise or bequest, order in bankruptcy,

  9  insolvency, replevin, attachment, execution or other judicial

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

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

12  storage or repair charges or repossession is had upon default

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

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

15  like agreement, and upon the surrender of the prior

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

17  presentation of satisfactory proof to the department of

18  ownership and right of possession to such motor vehicle or

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

20  presentation of an application for certificate of title, the

21  department may issue to the applicant a certificate of title

22  thereto.  If the application is predicated upon a security

23  agreement, chattel mortgage, conditional sales contract, trust

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

25  certified copy thereof shall accompany the application;

26  however, if an owner under a chattel mortgage voluntarily

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

28  original or a certified copy of the chattel mortgage shall

29  accompany the application for a certificate of title and it

30  shall not be necessary to institute proceedings in any court

31  to foreclose such mortgage.

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         Section 15.  Paragraphs (e) and (f) of subsection (1)

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

  3  Statutes, are amended to read:

  4         319.30  Definitions; dismantling, destruction, change

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

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

  7         (e)  "Major component parts" means:

  8         1.  For motor vehicles other than motorcycles: the

  9  front-end assembly (fenders, hood, grill, and bumper), cowl

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

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

12  transmission, and airbag.

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

14  subparagraph 1.: the truck bed.

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

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

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

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

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

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

21  door assemblies; engine; frame; or transmission.

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

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

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

25  pan).

26         (3)

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

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

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

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

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

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  home shall obtain the certificate of title for the motor

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

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

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

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

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

  8  certificate of title or certificate of destruction from the

  9  department. When applying for a salvage certificate of title

10  or certificate of destruction, the owner or insurance company

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

12  repairing the physical and mechanical damage suffered by the

13  vehicle for which a salvage certificate of title or

14  certificate of destruction is sought. If the estimated costs

15  of repairing the physical and mechanical damage to the vehicle

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

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

18  mobile home guide, the department shall declare the vehicle

19  unrebuildable and print a certificate of destruction, which

20  authorizes the dismantling or destruction of the motor vehicle

21  or mobile home described therein. This certificate of

22  destruction shall be reassignable a maximum of two times

23  before dismantling or destruction of the vehicle shall be

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

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

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

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

28  certificate of title for that vehicle. Nothing in This

29  subsection does not apply shall be applicable when a vehicle

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

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

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

  3  vehicle or mobile home is recovered in substantially intact

  4  condition and is readily resalable without extensive repairs

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

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

  7  sold or transferred. Any person who willfully and deliberately

  8  violates this paragraph or falsifies any document to avoid the

  9  requirements of this paragraph commits a misdemeanor of the

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

11  775.083.

12         Section 16.  Subsection (1) of section 320.01, Florida

13  Statutes, is amended to read:

14         320.01  Definitions, general.--As used in the Florida

15  Statutes, except as otherwise provided, the term:

16         (1)  "Motor vehicle" means:

17         (a)  An automobile, motorcycle, truck, trailer,

18  semitrailer, truck tractor and semitrailer combination, or any

19  other vehicle operated on the roads of this state, used to

20  transport persons or property, and propelled by power other

21  than muscular power, but the term does not include traction

22  engines, road rollers, such vehicles as run only upon a track,

23  bicycles, motorized scooters or mopeds.

24         (b)  A recreational vehicle-type unit primarily

25  designed as temporary living quarters for recreational,

26  camping, or travel use, which either has its own motive power

27  or is mounted on or drawn by another vehicle. Recreational

28  vehicle-type units, when traveling on the public roadways of

29  this state, must comply with the length and width provisions

30  of s. 316.515, as that section may hereafter be amended. As

31  defined below, the basic entities are:

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         1.  The "travel trailer," which is a vehicular portable

  2  unit, mounted on wheels, of such a size or weight as not to

  3  require special highway movement permits when drawn by a

  4  motorized vehicle. It is primarily designed and constructed to

  5  provide temporary living quarters for recreational, camping,

  6  or travel use. It has a body width of no more than 8 1/2  feet

  7  and an overall body length of no more than 40 feet when

  8  factory-equipped for the road.

  9         2.  The "camping trailer," which is a vehicular

10  portable unit mounted on wheels and constructed with

11  collapsible partial sidewalls which fold for towing by another

12  vehicle and unfold at the campsite to provide temporary living

13  quarters for recreational, camping, or travel use.

14         3.  The "truck camper," which is a truck equipped with

15  a portable unit designed to be loaded onto, or affixed to, the

16  bed or chassis of the truck and constructed to provide

17  temporary living quarters for recreational, camping, or travel

18  use.

19         4.  The "motor home," which is a vehicular unit that

20  which does not exceed the 40 feet in length, and the height,

21  and the width limitations provided in s. 316.515, is a

22  self-propelled motor vehicle, and is primarily designed to

23  provide temporary living quarters for recreational, camping,

24  or travel use.

25         5.  The "private motor coach," which is a vehicular

26  unit which does not exceed the length, width, and height

27  limitations provided in s. 316.515(9), is built on a

28  self-propelled bus type chassis having no fewer than three

29  load-bearing axles, and is primarily designed to provide

30  temporary living quarters for recreational, camping, or travel

31  use.

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         6.  The "van conversion," which is a vehicular unit

  2  which does not exceed the length and width limitations

  3  provided in s. 316.515, is built on a self-propelled motor

  4  vehicle chassis, and is designed for recreation, camping, and

  5  travel use.

  6         7.  The "park trailer," which is a transportable unit

  7  which has a body width not exceeding 14 feet and which is

  8  built on a single chassis and is designed to provide seasonal

  9  or temporary living quarters when connected to utilities

10  necessary for operation of installed fixtures and appliances.

11  The total area of the unit in a setup mode, when measured from

12  the exterior surface of the exterior stud walls at the level

13  of maximum dimensions, not including any bay window, does not

14  exceed 400 square feet when constructed to ANSI A-119.5

15  standards, and 500 square feet when constructed to United

16  States Department of Housing and Urban Development Standards.

17  The length of a park trailer means the distance from the

18  exterior of the front of the body (nearest to the drawbar and

19  coupling mechanism) to the exterior of the rear of the body

20  (at the opposite end of the body), including any protrusions.

21         8.  The "fifth-wheel trailer," which is a vehicular

22  unit mounted on wheels, designed to provide temporary living

23  quarters for recreational, camping, or travel use, of such

24  size or weight as not to require a special highway movement

25  permit, of gross trailer area not to exceed 400 square feet in

26  the setup mode, and designed to be towed by a motorized

27  vehicle that contains a towing mechanism that is mounted above

28  or forward of the tow vehicle's rear axle.

29         Section 17.  Subsections (5) and (7) of section

30  320.023, Florida Statutes, are amended to read:

31

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         320.023  Requests to establish voluntary checkoff on

  2  motor vehicle registration application.--

  3         (5)  A voluntary contribution collected and distributed

  4  under this chapter, or any interest earned from those

  5  contributions, may not be used for commercial or for-profit

  6  activities nor for general or administrative expenses, except

  7  as authorized by law, or to pay the cost of the audit or

  8  report required by law.

  9         (a)  All organizations that receive annual use fee

10  proceeds from the department are responsible for ensuring that

11  proceeds are used in accordance with law.

12         (b)  All organizational recipients of any voluntary

13  contributions in excess of $15,000, not otherwise subject to

14  annual audit by the Office of the Auditor General, shall

15  submit an annual audit of the expenditures of these

16  contributions and interest earned from these contributions, to

17  determine if expenditures are being made in accordance with

18  the specifications outlined by law. The audit shall be

19  prepared by a certified public accountant licensed under

20  chapter 473 at that organizational recipient's expense. The

21  notes to the financial statements should state whether

22  expenditures were made in accordance with law.

23         (b)(c)  Any organization not subject to audit pursuant

24  to s. 215.97, shall annually attest, In lieu of an annual

25  audit, any organization receiving less than $15,000 in

26  voluntary contributions directly from the department may

27  annually report, under penalties of perjury, that such

28  proceeds were used in compliance with law. The attestation

29  shall be submitted to the department for review within 9

30  months after the end of the organization's fiscal year made

31  annually in a form and format determined by the department.

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (c)(d)  Any voluntary contributions authorized by law

  2  shall only be distributed to an organization under an

  3  appropriation by the Legislature.

  4         (d)(e)  Any organization subject to audit pursuant to

  5  s. 215.97 shall submit an audit report in accordance with

  6  rules adopted by the Auditor General. The annual audit or

  7  report shall be submitted to the department for review within

  8  180 days after the end of the organization's fiscal year.

  9         (7)  The Auditor General and the department has have

10  the authority to examine all records pertaining to the use of

11  funds from the voluntary contributions authorized.

12         Section 18.  Subsections (1) and (2) of section

13  320.025, Florida Statutes, are amended to read:

14         320.025  Registration certificate and license plate

15  issued under fictitious name; application.--

16         (1)  A confidential registration certificate and

17  registration license plate or decal shall be issued under a

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

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

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

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

22  office. The requesting agency shall file a written application

23  with the department on forms furnished by the department,

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

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

26  enforcement or any state public defender's office activities

27  requiring concealment of publicly leased or owned motor

28  vehicles or vessels and a statement of the position

29  classifications of the individuals who are authorized to use

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

31  reflect the fictitious identity of the owner or lessee until

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  such time as the license plate and registration certificate

  2  are surrendered to it.

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

  4  vehicle owned or exclusively operated by the state or any

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

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

  7  320.0655. Any vessel owned or exclusively operated by the

  8  state or any county, municipality, or other governmental

  9  entity must at all times display a registration number as

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

11  328.48(5).

12         Section 19.  Subsections (1) and (2) of section 320.05,

13  Florida Statutes, are amended to read:

14         320.05  Records of the department; inspection

15  procedure; lists and searches; fees.--

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

17  320.025(3), the department may release records as provided in

18  this section.

19         (2)  Upon receipt of an application for the

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

21  herein provided for, the department shall register the motor

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

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

24  department. Electronic registration records shall be open to

25  the inspection of the public during business hours.

26  Information on a motor vehicle or vessel registration may not

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

28  information furnishes positive proof of identification. The

29  agency that furnishes a motor vehicle or vessel registration

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

31  than a representative of a law enforcement agency who requests

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  and receives information from a motor vehicle or vessel

  2  registration record and shall also record the name and address

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

  4  information identifying the entity about which information is

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

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

  7  information was released to the inquirer. Nothing in this

  8  section shall prohibit any financial institution, insurance

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

10  attorney, or other agency which the department determines has

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

12  use only, information in such records from the department

13  through any means of telecommunication pursuant to a code

14  developed by the department providing all fees specified in

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

16  records or information to the child support enforcement agency

17  to assist in the location of individuals who owe or

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

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

20         Section 20.  Subsection (5) of section 320.055, Florida

21  Statutes, is amended to read:

22         320.055  Registration periods; renewal periods.--The

23  following registration periods and renewal periods are

24  established:

25         (5)  For a vehicle subject to apportioned registration

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

27  registration period shall be a period of 12 months beginning

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

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

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

31  the registration period. The registration period may be

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

  3  distribute such registrations on a monthly basis. For vehicles

  4  subject to registration other than vehicles apportioned under

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

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

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

  8         Section 21.  Paragraphs (b) and (c) of subsection (1)

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

10         320.06  Registration certificates, license plates, and

11  validation stickers generally.--

12         (1)

13         (b)  Registration license plates bearing a graphic

14  symbol and the alphanumeric system of identification shall be

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

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

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

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

19  $10 replacement fee.  The fees shall be deposited into the

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

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

22  replacement fee when the plate is replaced or surrendered

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

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

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

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

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

28  upper right corner of the license plate. This validation

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

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

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

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  a serially numbered validation sticker showing the year of

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

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

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

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

  7  12 months, and all expirations shall occur based on the

  8  applicant's appropriate registration period.  A vehicle with

  9  an apportioned registration shall be issued an annual license

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

11  weight for each apportioned jurisdiction in which the vehicle

12  is authorized to operate.

13         (c)  Registration license plates equipped with

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

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

16  registration period.  For each registration period after the

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

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

19  validation sticker showing the month and year of expiration

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

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

22  license plates equipped with validation stickers are issued in

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

24  registration period for any other motor vehicle, the effective

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

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

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

28  shall pay the appropriate amount of license tax and the

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

30  to all other fees.  Validation stickers issued for vehicles

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

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

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

  4  fleet so long as the vehicle receiving the validation sticker

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

  6  the validation sticker was originally assigned.

  7         Section 22.  Section 320.0605, Florida Statutes, is

  8  amended to read:

  9         320.0605  Certificate of registration; possession

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

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

12  agreement issued for a motor vehicle or issued for a

13  replacement vehicle in the same registration period, a

14  temporary receipt printed upon self-initiated electronic

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

16  issued for a vehicle registered under the International

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

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

19  possession of the operator thereof or be carried in the

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

21  any authorized law enforcement officer or any agent of the

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

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

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

25  of this section is a noncriminal traffic infraction,

26  punishable as a nonmoving violation as provided in chapter

27  318.

28         Section 23.  Paragraphs (h) and (i) are added to

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

30         320.072  Additional fee imposed on certain motor

31  vehicle registration transactions.--

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  to:

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

  4  from the date the transaction is being processed.

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

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

  7  previous 10-year period.

  8         Section 24.  Subsection (6) of section 320.0805,

  9  Florida Statutes, is amended to read:

10         320.0805  Personalized prestige license plates.--

11         (6)  A personalized prestige license plate shall be

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

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

14  applicant during the same registration period. An exact

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

16  previous owner of a specific plate relinquishes it by failure

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

18  last year of issuance for three consecutive annual

19  registration periods following the original year of issuance.

20         Section 25.  Paragraph (c) of subsection (8) of section

21  320.08056, Florida Statutes, is amended to read:

22         320.08056  Specialty license plates.--

23         (8)

24         (c)  The requirements of paragraph (a) do shall not

25  apply to collegiate specialty license plates authorized in s.

26  320.08058(3), and (13), (21), and (26).

27         Section 26.  Section 320.08062, Florida Statutes, is

28  amended to read:

29         320.08062  Audits and attestations required; annual use

30  fees of specialty license plates.--

31

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (1)(a)  All organizations that receive annual use fee

  2  proceeds from the department are responsible for ensuring that

  3  proceeds are used in accordance with ss. 320.08056 and

  4  320.08058.

  5         (b)  All organizational recipients of any specialty

  6  license plate annual use fee authorized in this chapter, not

  7  otherwise subject to annual audit by the Office of the Auditor

  8  General, shall submit an annual audit of the expenditures of

  9  annual use fees and interest earned from these fees, to

10  determine if expenditures are being made in accordance with

11  the specifications outlined by law.  The audit shall be

12  prepared by a certified public accountant licensed under

13  chapter 473 at that organizational recipient's expense.  The

14  notes to the financial statements should state whether

15  expenditures were made in accordance with ss. 320.08056 and

16  320.08058.

17         (b)(c)  Any organization not subject to audit pursuant

18  to s. 215.97 shall In lieu of an annual audit, any

19  organization receiving less than $25,000 in annual use fee

20  proceeds directly from the department, or from another state

21  agency, may annually attest report, under penalties of

22  perjury, that such proceeds were used in compliance with ss.

23  320.08056 and 320.08058. The annual attestation shall be

24  submitted to the department for review within 9 months after

25  the end of the organization's fiscal year. The attestation

26  shall be made annually in a form and format determined by the

27  department.

28         (c)(d)  Any organization subject to audit pursuant to

29  s. 215.97 shall submit an audit report in accordance with

30  rules adopted by the Auditor General The annual audit or

31

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  report shall be submitted to the department for review within

  2  180 days after the end of the organization's fiscal year.

  3         (2)  Within 90 days after receiving an organization's

  4  audit or report, the department shall determine which

  5  recipients of revenues from specialty license plate annual use

  6  fees have not complied with subsection (1). If the department

  7  determines that an organization has not complied or has failed

  8  to use the revenues in accordance with ss. 320.08056 and

  9  320.08058, the department must discontinue the distribution of

10  the revenues to the organization until the department

11  determines that the organization has complied. If an

12  organization fails to comply within 12 months after the annual

13  use fee proceeds are withheld by the department, the proceeds

14  shall be deposited into the Highway Safety Operating Trust

15  Fund to offset department costs related to the issuance of

16  specialty license plates.

17         (3)  The Auditor General and the department has have

18  the authority to examine all records pertaining to the use of

19  funds from the sale of specialty license plates.

20         Section 27.  Subsection (1) of section 320.083, Florida

21  Statutes, is amended to read:

22         320.083  Amateur radio operators; special license

23  plates; fees.--

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

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

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

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

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

29  who holds a valid official amateur radio station license

30  issued by the Federal Communications Commission shall be

31  issued a special license plate upon application, accompanied

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  payment of the following tax and fees:

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

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

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

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

  7  fee of $1.50 thereafter.

  8         Section 28.  Subsections (2) and (3) of section

  9  320.089, Florida Statutes, are amended to read:

10         320.089  Members of National Guard and active United

11  States Armed Forces reservists; former prisoners of war;

12  survivors of Pearl Harbor; Purple Heart medal recipients;

13  special license plates; fee.--

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

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

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

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

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

19  their unremarried surviving spouse, shall, upon application

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

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

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

23  shall be accompanied by proof that the applicant meets the

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

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

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

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

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

29  United States were engaged in combat, or their unremarried

30  surviving spouse, may be issued the special license plate

31

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  provided for in this subsection without payment of the license

  2  tax imposed by s. 320.08.

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

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

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

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

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

  8  or their unremarried surviving spouse, may be issued the

  9  special license plate provided for in this subsection upon

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

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

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

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

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

15  resident of this state and who is the unremarried surviving

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

17  application therefor to the department, with the payment of

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

19  320.06, on which license plate are stamped the words "Purple

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

21  the serial number.  Each application shall be accompanied by

22  proof that the applicant is the unremarried surviving spouse

23  of a recipient of the Purple Heart medal.

24         Section 29.  Subsection (1) of section 320.18, Florida

25  Statutes, is amended to read:

26         320.18  Withholding registration.--

27         (1)  The department may withhold the registration of

28  any motor vehicle or mobile home the owner of which has failed

29  to register it under the provisions of law for any previous

30  period or periods for which it appears registration should

31  have been made in this state, until the tax for such period or

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  periods is paid. The department may cancel any license plate

  2  or fuel-use tax decal if the owner pays for the license plate,

  3  fuel-use tax decal, or any tax liability, penalty, or interest

  4  specified in chapter 207 by a dishonored check or if the

  5  vehicle owner or motor carrier has failed to pay a penalty for

  6  a weight or safety violation issued by the Department of

  7  Transportation Motor Carrier Compliance Office. The Department

  8  of Transportation and the Department of Highway Safety and

  9  Motor Vehicles may impound any commercial motor vehicle that

10  has a canceled license plate or fuel-use tax decal until the

11  tax liability, penalty, and interest specified in chapter 207,

12  the license tax, or the fuel-use decal fee, and applicable

13  administrative fees have been paid for by certified funds.

14         Section 30.  Paragraph (c) of subsection (1) of section

15  320.27, Florida Statutes, is amended, paragraph (f) is added

16  to that subsection, and subsections (7) and (9) of that

17  section are amended to read:

18         320.27  Motor vehicle dealers.--

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

20  phrases when used in this section have the meanings

21  respectively ascribed to them in this subsection, except where

22  the context clearly indicates a different meaning:

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

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

25  or offering or displaying motor vehicles for sale at wholesale

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

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

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

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

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

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

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

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

  4  320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of

  5  a motor vehicle, provided such acquisition is incidental to

  6  the principal business of being a motor vehicle dealer.

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

  8  vehicle for the purpose of resale unless licensed as a

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

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

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

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

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

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

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

16  agreement to perform delivery and preparation obligations and

17  warranty defect adjustments on the motor vehicle; provided

18  this limitation shall not apply to recreational vehicles, van

19  conversions, or any other motor vehicle manufactured on a

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

21  meeting these qualifications shall be titled as a used

22  vehicle. The classifications of motor vehicle dealers are

23  defined as follows:

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

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

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

27  as defined in s. 320.60(1).

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

29  other than a franchised or wholesale motor vehicle dealer who

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

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

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

  3  dealing in motor vehicles at wholesale or with motor vehicle

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

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

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

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

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

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

10  bona fide employee of such licensed motor vehicle dealer is

11  not required to be licensed as a wholesale motor vehicle

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

13  bona fide employer-employee relationship exists. A wholesale

14  motor vehicle dealer shall be exempt from the display

15  provisions of this section but shall maintain an office

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

17  inspected.

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

19  motor vehicles or recreational vehicles for sale to the

20  highest bidder where both sellers and buyers are licensed

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

22  anyone other than a licensed motor vehicle dealer.

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

24  engages in the business of acquiring salvaged or wrecked motor

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

26

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

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

29  business who are disposing of vehicles acquired for their own

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

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

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

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

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

  5  period; public officers while performing their official

  6  duties; receivers; trustees, administrators, executors,

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

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

  9  other loan agencies that acquire motor vehicles as an incident

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

11  vehicle rental and leasing companies that sell motor vehicles

12  to motor vehicle dealers licensed under this section. Vehicles

13  owned under circumstances described in this paragraph may be

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

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

16  school buses may sell such vehicles directly to governmental

17  agencies or to persons who contract to perform or provide

18  firefighting, ambulance, or school transportation services

19  exclusively to governmental agencies without processing such

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

21  buses, or similar vehicles are not presently available through

22  motor vehicle dealers licensed by the department.

23         (f)  "Bona fide employee" means a person who is

24  employed by a licensed motor vehicle dealer and receives

25  annually an Internal Revenue Service Form W-2 or an

26  independent contractor who has a written contract with a

27  licensed motor vehicle dealer and receives annually an

28  Internal Revenue Service Form 1099 for the purpose of acting

29  in the capacity of or conducting motor vehicle sales

30  transactions as a motor vehicle dealer.

31

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

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

  4  her possession or control a duly assigned certificate of title

  5  from the owner in accordance with the provisions of chapter

  6  319, from the time when the motor vehicle is delivered to the

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

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

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

10  application for a certificate of title or duplicate

11  certificate of title in accordance with the provisions of

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

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

14  satisfies the requirements of this subsection. Reasonable

15  indicia of ownership shall include a duly assigned certificate

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

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

18  consignment contract between the owner and the dealer along

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

20  authorizing the dealer to apply for a duplicate certificate of

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

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

23  certificate of title; a photocopy of a duly assigned

24  certificate of title being held by a financial institution as

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

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

27  evidencing that an outstanding lien on a vehicle taken in

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

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

30  by the dealer; a vehicle purchase order or installment

31  contract for a specific vehicle identifying that vehicle as a

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  disclosure statement as required by Title IV of the Motor

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

  4  92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.

  5  100-561) and by 49 C.F.R. part 580 bearing the signatures of

  6  the titled owners of a traded-in vehicle.

  7         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

  8  may deny, suspend, or revoke any license issued hereunder or

  9  under the provisions of s. 320.77 or s. 320.771, upon proof

10  that a licensee has failed to comply with any of the following

11  provisions with sufficient frequency so as to establish a

12  pattern of wrongdoing on the part of the licensee:

13         (a)  Willful violation of any other law of this state,

14  including chapter 319, this chapter, or ss. 559.901-559.9221,

15  which has to do with dealing in or repairing motor vehicles or

16  mobile homes or willful failure to comply with any

17  administrative rule promulgated by the department.

18  Additionally, in the case of used motor vehicles, the willful

19  violation of the federal law and rule in 15 U.S.C. s. 2304, 16

20  C.F.R. part 455, pertaining to the consumer sales window form.

21         (b)  Commission of fraud or willful misrepresentation

22  in application for or in obtaining a license.

23         (c)  Perpetration of a fraud upon any person as a

24  result of dealing in motor vehicles, including, without

25  limitation, the misrepresentation to any person by the

26  licensee of the licensee's relationship to any manufacturer,

27  importer, or distributor.

28         (d)  Representation that a demonstrator is a new motor

29  vehicle, or the attempt to sell or the sale of a demonstrator

30  as a new motor vehicle without written notice to the purchaser

31  that the vehicle is a demonstrator. For the purposes of this

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  section, a "demonstrator," a "new motor vehicle," and a "used

  2  motor vehicle" shall be defined as under s. 320.60.

  3         (e)  Unjustifiable refusal to comply with a licensee's

  4  responsibility under the terms of the new motor vehicle

  5  warranty issued by its respective manufacturer, distributor,

  6  or importer. However, if such refusal is at the direction of

  7  the manufacturer, distributor, or importer, such refusal shall

  8  not be a ground under this section.

  9         (f)  Misrepresentation or false, deceptive, or

10  misleading statements with regard to the sale or financing of

11  motor vehicles which any motor vehicle dealer has, or causes

12  to have, advertised, printed, displayed, published,

13  distributed, broadcast, televised, or made in any manner with

14  regard to the sale or financing of motor vehicles.

15         (g)  Requirement by any motor vehicle dealer that a

16  customer or purchaser accept equipment on his or her motor

17  vehicle which was not ordered by the customer or purchaser.

18         (h)  Requirement by any motor vehicle dealer that any

19  customer or purchaser finance a motor vehicle with a specific

20  financial institution or company.

21         (i)  Failure by any motor vehicle dealer to provide a

22  customer or purchaser with an odometer disclosure statement

23  and a copy of any bona fide written, executed sales contract

24  or agreement of purchase connected with the purchase of the

25  motor vehicle purchased by the customer or purchaser.

26         (j)  Failure of any motor vehicle dealer to comply with

27  the terms of any bona fide written, executed agreement,

28  pursuant to the sale of a motor vehicle.

29         (k)  Requirement by the motor vehicle dealer that the

30  purchaser of a motor vehicle contract with the dealer for

31  physical damage insurance.

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (l)  Violation of any of the provisions of s. 319.35 by

  2  any motor vehicle dealer.

  3         (m)  Either a history of bad credit or an unfavorable

  4  credit rating as revealed by the applicant's official credit

  5  report or by investigation by the department.

  6         (n)  Failure to disclose damage to a new motor vehicle

  7  as defined in s. 320.60(10) of which the dealer had actual

  8  knowledge if the dealer's actual cost of repair, excluding

  9  tires, bumpers, and glass, exceeds 3 percent of the

10  manufacturer's suggested retail price; provided, however, if

11  only the application of exterior paint is involved, disclosure

12  shall be made if such touch-up paint application exceeds $100.

13         (o)  Failure to apply for transfer of a title as

14  prescribed in s. 319.23(6).

15         (p)  Use of the dealer license identification number by

16  any person other than the licensed dealer or his or her

17  designee.

18         (q)  Conviction of a felony.

19         (r)  Failure to continually meet the requirements of

20  the licensure law.

21         (s)  A person who has been When a motor vehicle dealer

22  is convicted of a crime, infraction, or violation as set forth

23  in paragraph (q) which results in his or her being prohibited

24  from continuing in that capacity, the dealer may not serve

25  continue in any capacity within the industry.  Such person The

26  offender shall have no financial interest, management, sales,

27  or other role in the operation of a dealership.  Further, the

28  person offender may not derive income from the dealership

29  beyond reasonable compensation for the sale of his or her

30  ownership interest in the business. The license or application

31  of any dealership in which such person has an interest or

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  plays a role in violation of this subsection shall be denied

  2  or revoked.

  3         (t)  Representation to a customer or any advertisement

  4  to the general public representing or suggesting that a motor

  5  vehicle is a new motor vehicle if such vehicle lawfully cannot

  6  be titled in the name of the customer or other member of the

  7  general public by the seller using a manufacturer's statement

  8  of origin as permitted in s. 319.23(1).

  9         (u)  Failure to honor a bank draft or check given to a

10  motor vehicle dealer for the purchase of a motor vehicle by

11  another motor vehicle dealer within 10 days after notification

12  that the bank draft or check has been dishonored.  A single

13  violation of this paragraph is sufficient for revocation or

14  suspension.  If the transaction is disputed, the maker of the

15  bank draft or check shall post a bond in accordance with the

16  provisions of s. 559.917, and no proceeding for revocation or

17  suspension shall be commenced until the dispute is resolved.

18         (v)  Sale by a motor vehicle dealer of a vehicle

19  offered in trade by a customer prior to consummation of the

20  sale, exchange, or transfer of a newly acquired vehicle to the

21  customer, unless the customer provides written authorization

22  for the sale of the trade-in vehicle prior to delivery of the

23  newly acquired vehicle.

24         Section 31.  Section 320.691, Florida Statutes, is

25  created to read:

26         320.691  Automobile Dealers Industry Advisory Board.--

27         (1)  AUTOMOBILE DEALERS INDUSTRY ADVISORY BOARD.--The

28  Automobile Dealers Industry Advisory Board is created within

29  the Department of Highway Safety and Motor Vehicles. The board

30  shall make recommendations on proposed legislation, make

31  recommendations on proposed rules and procedures, present

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  licensed motor vehicle industry dealer issues to the

  2  department for its consideration, consider any matters

  3  relating to the motor vehicle industry presented to it by the

  4  department, and submit an annual report to the executive

  5  director of the department and file copies with the Governor,

  6  the President of the Senate, and the Speaker of the House of

  7  Representatives.

  8         (2)  MEMBERSHIP; TERMS; MEETINGS.--

  9         (a)  The board shall be composed of 12 members. The

10  executive director of the Department of Highway Safety and

11  Motor Vehicles shall appoint the members from names submitted

12  by the entities for the designated categories the member will

13  represent. The executive director shall appoint one

14  representative of the Department of Highway Safety and Motor

15  Vehicles, who must represent the Division of Motor Vehicles;

16  two representatives of the independent motor vehicle industry

17  as recommended by the Florida Independent Automobile Dealers

18  Association; two representatives of the franchise motor

19  vehicle industry as recommended by the Florida Automobile

20  Dealers Association; one representative of the auction motor

21  vehicle industry who is from an auction chain and is

22  recommended by a group affiliated with the National Auto

23  Auction Association; one representative of the auction motor

24  vehicle industry who is from an independent auction and is

25  recommended by a group affiliated with the National Auto

26  Auction Association; one representative from the Department of

27  Revenue; a Florida tax collector representative recommended by

28  the Florida Tax Collectors Association; one representative

29  from the Better Business Bureau; one representative from the

30  Department of Agriculture and Consumer Services, who must

31  represent the Division of Consumer Services; and one

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  representative of the insurance industry who writes motor

  2  vehicle dealer surety bonds.

  3         (b)1.  The executive director shall appoint the

  4  following initial members to 1-year terms: one representative

  5  from the motor vehicle auction industry who represents an

  6  auction chain, one representative from the independent motor

  7  vehicle industry, one representative from the franchise motor

  8  vehicle industry, one representative from the Department of

  9  Revenue, one Florida tax collector, and one representative

10  from the Better Business Bureau.

11         2.  The executive director shall appoint the following

12  initial members to 2-year terms: one representative from the

13  motor vehicle auction industry who represents an independent

14  auction, one representative from the independent motor vehicle

15  industry, one representative from the franchise motor vehicle

16  industry, one representative from the Division of Consumer

17  Services, one representative from the insurance industry, and

18  one representative from the Division of Motor Vehicles.

19         3.  As the initial terms expire, the executive director

20  shall appoint successors from the same designated category for

21  terms of 2 years. If renominated, a member may succeed himself

22  or herself.

23         4.  The board shall appoint a chair and vice chair at

24  its initial meeting and every 2 years thereafter.

25         (c)  The board shall meet at least two times per year.

26  Meetings may be called by the chair of the board or by the

27  executive director of the department. One meeting shall be

28  held in the fall of the year to review legislative proposals.

29  The board shall conduct all meetings in accordance with

30  applicable law and shall keep minutes of all meetings.

31

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  Meetings may be held in locations around the state in

  2  department facilities or in other appropriate locations.

  3         (3)  PER DIEM; TRAVEL; AND STAFFING.--Members of the

  4  board from the private sector are not entitled to per diem or

  5  reimbursement for travel expenses. However, members of the

  6  board from the public sector are entitled to reimbursement, if

  7  any, from their respective agency. Members of the board may

  8  request assistance from the Department of Highway Safety and

  9  Motor Vehicles as necessary.

10         Section 32.  Subsection (26) of section 322.01, Florida

11  Statutes, is amended to read:

12         322.01  Definitions.--As used in this chapter:

13         (26)  "Motor vehicle" means any self-propelled vehicle,

14  including a motor vehicle combination, not operated upon rails

15  or guideway, excluding vehicles moved solely by human power,

16  motorized wheelchairs, motorized scooters, and motorized

17  bicycles as defined in s. 316.003.

18         Section 33.  Subsections (4) and (5) are added to

19  section 322.0261, Florida Statutes, to read:

20         322.0261  Mandatory driver improvement course; certain

21  crashes.--

22         (4)  The Department of Highway Safety and Motor

23  Vehicles shall approve and regulate courses that use

24  technology as the delivery method of all driver improvement

25  schools as the courses relate to this section.

26         (5)  In determining whether to approve courses of

27  driver improvement schools that use technology as the delivery

28  method as the courses relate to this section, the department

29  shall consider only those courses submitted by a person,

30  business, or entity which:

31

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (a)  Receive approval from the department for statewide

  2  delivery.

  3         (b)  Demonstrate independent scientific research

  4  evidence of course effectiveness.

  5         Section 34.  Subsection (4) of section 322.05, Florida

  6  Statutes, is amended to read:

  7         322.05  Persons not to be licensed.--The department may

  8  not issue a license:

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

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

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

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

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

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

15  322.05(2)(a) and (b). Any person who applies for a Class D

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

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

18  90 days before he or she is eligible to receive a Class D

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

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

21  the qualifications of the applicant as the department

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

23  license granted as it considers proper.

24         Section 35.  Subsections (5) and (7) of section

25  322.081, Florida Statutes, are amended to read:

26         322.081  Requests to establish voluntary checkoff on

27  driver's license application.--

28         (5)  A voluntary contribution collected and distributed

29  under this chapter, or any interest earned from those

30  contributions, may not be used for commercial or for-profit

31  activities nor for general or administrative expenses, except

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  as authorized by law, or to pay the cost of the audit or

  2  report required by law.

  3         (a)  All organizations that receive annual use fee

  4  proceeds from the department are responsible for ensuring that

  5  proceeds are used in accordance with law.

  6         (b)  All organizational recipients of any voluntary

  7  contributions in excess of $15,000, not otherwise subject to

  8  annual audit by the Office of the Auditor General, shall

  9  submit an annual audit of the expenditures of these

10  contributions and interest earned from these contributions, to

11  determine if expenditures are being made in accordance with

12  the specifications outlined by law. The audit shall be

13  prepared by a certified public accountant licensed under

14  chapter 473 at that organizational recipient's expense. The

15  notes to the financial statements should state whether

16  expenditures were made in accordance with law.

17         (b)(c)  Any organization not subject to audit pursuant

18  to s. 215.97 shall In lieu of an annual audit, any

19  organization receiving less than $15,000 in voluntary

20  contributions directly from the department may annually attest

21  report, under penalties of perjury, that such proceeds were

22  used in compliance with law. The annual attestation must be

23  reported to the department for review within 9 months after

24  the end of the organization's fiscal year. The attestation

25  shall be made annually in a form and format determined by the

26  department.

27         (c)(d)  Any voluntary contributions authorized by law

28  shall only be distributed to an organization under an

29  appropriation by the Legislature.

30         (d)(e)  Any organization subject to audit pursuant to

31  s. 215.97 shall submit an audit report in accordance with

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  rules promulgated by the Auditor General. The annual audit or

  2  report must be submitted to the department for review within

  3  180 days after the end of the organization's fiscal year.

  4         (7)  The Auditor General and the department has have

  5  the authority to examine all records pertaining to the use of

  6  funds from the voluntary contributions authorized.

  7         Section 36.  Present subsections (2) through (7) of

  8  section 322.095, Florida Statutes, are redesignated as

  9  subsections (4) through (9), respectively, and new subsections

10  (2) and (3) are added to that section to read:

11         322.095  Traffic law and substance abuse education

12  program for driver's license applicants.--

13         (2)  The Department of Highway Safety and Motor

14  Vehicles shall approve and regulate courses that use

15  technology as the delivery method of all driver improvement

16  schools as the courses relate to this section.

17         (3)  In determining whether to approve courses of

18  driver improvement schools that use technology as the delivery

19  method as the courses relate to this section, for courses

20  submitted on or after July 1, 2001, the department shall

21  consider only those courses submitted by a person, business,

22  or entity which:

23         (a)  Receive approval from the department for statewide

24  delivery.

25         (b)  Demonstrate independent scientific research

26  evidence of course effectiveness.

27         (4)(2)  The department shall contract for an

28  independent evaluation of the courses, and shall provide

29  documentation to the Legislature by October 1, 2000, measuring

30  course effectiveness. Local DUI programs authorized under s.

31  316.193(5) and certified by the department or a driver

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  improvement school may offer a traffic law and substance abuse

  2  education course. However, prior to offering the course, the

  3  course provider must obtain certification from the department

  4  that the course complies with the requirements of this

  5  section. The course provider must offer the approved course at

  6  locations reasonably accessible to most applicants and must

  7  issue a certificate to those persons successfully completing

  8  the course.

  9         (5)(3)  The completion of a course does not qualify a

10  person for the reinstatement of a driver's license which has

11  been suspended or revoked.

12         (6)(4)  The fee charged by the course provider must

13  bear a reasonable relationship to the cost of the course.  The

14  department must conduct financial audits of course providers

15  conducting the education courses required under this section

16  or require that financial audits of providers be performed, at

17  the expense of the provider, by a certified public accountant.

18         (7)(5)  The provisions of this section do not apply to

19  any person who has been licensed in any other jurisdiction or

20  who has satisfactorily completed a Department of Education

21  driver's education course offered pursuant to s. 233.063.

22         (8)(6)  Each course provider must collect a $3

23  assessment fee in addition to the enrollment fee charged to

24  participants of the traffic law and substance abuse course

25  required under this section. The $3 assessment fee collected

26  by the course provider must be forwarded to the department

27  within 30 days after receipt of the assessment.

28         (9)(7)(a)  No governmental entity or court shall

29  provide, issue, or maintain any information or orders

30  regarding traffic law and substance abuse education program

31  schools or course providers, with the exception of directing

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  inquiries or requests to the local telephone directory heading

  2  of driving instruction or the driver's license applicant

  3  reference guide. However, the department is authorized to

  4  maintain the information and records necessary to administer

  5  its duties and responsibilities for the program. Where such

  6  information is a public record as defined in chapter 119, it

  7  shall be made available to the public upon request pursuant to

  8  s. 119.07(1).

  9         (b)  The department shall prepare for any governmental

10  entity to distribute a driver's license applicant reference

11  guide which shall list the benefits of attending a traffic law

12  and substance abuse education school, but under no

13  circumstance may include any list of course providers or

14  schools. The department shall refer further inquiries to the

15  telephone directory heading of driving instruction.

16         Section 37.  Section 322.161, Florida Statutes, is

17  amended to read:

18         322.161  High-risk drivers; restricted licenses.--

19         (1)(a)  Notwithstanding any provision of law to the

20  contrary, the department shall restrict the driving privilege

21  of any Class D or Class E licensee who is age 15 through 17

22  and who has accumulated six four or more points pursuant to s.

23  318.14, excluding parking violations, within a 12-month

24  period.

25         (b)  Upon determination that any person has accumulated

26  six four or more points, the department shall notify the

27  licensee and issue the licensee a restricted license for

28  business purposes only.  The licensee must appear before the

29  department within 10 days after notification to have this

30  restriction applied.  The period of restriction shall be for a

31

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  period of no less than 1 year beginning on the date it is

  2  applied by the department.

  3         (c)  The restriction shall be automatically withdrawn

  4  by the department after 1 year if the licensee does not

  5  accumulate any additional points.  If the licensee accumulates

  6  any additional points, then the period of restriction shall be

  7  extended 90 days for each point.  The restriction shall also

  8  be automatically withdrawn upon the licensee's 18th birthday

  9  if no other grounds for restriction exist.  The licensee must

10  appear before the department to have the restriction removed

11  and a duplicate license issued.

12         (2)(a)  Any Class E licensee who is age 15 through 17

13  and who has accumulated six four or more points pursuant to s.

14  318.14, excluding parking violations, within a 12-month period

15  shall not be eligible to obtain a Class D license for a period

16  of no less than 1 year.  The period of ineligibility shall

17  begin on the date of conviction for the violation that results

18  in the licensee's accumulation of six four or more points.

19         (b)  The period of ineligibility shall automatically

20  expire after 1 year if the licensee does not accumulate any

21  additional points.  If the licensee accumulates any additional

22  points, then the period of ineligibility shall be extended 90

23  days for each point.  The period of ineligibility shall also

24  automatically expire upon the licensee's 18th birthday if no

25  other grounds for ineligibility exist.

26         (3)  Any action taken by the department pursuant to

27  this section shall not be subject to any formal or informal

28  administrative hearing or similar administrative procedure.

29         (4)  The department shall adopt rules to carry out the

30  purposes of this section.

31

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         Section 38.  Section 322.222, Florida Statutes, is

  2  created to read:

  3         322.222  Right to review.--A driver may request an

  4  administrative hearing to review a revocation under s.

  5  322.221(3). The hearing must be held in accordance with the

  6  department's administrative rules adopted under chapter 120.

  7         Section 39.  Subsections (1), (3), and (10) of section

  8  322.2615, Florida Statutes, are amended to read:

  9         322.2615  Suspension of license; right to review.--

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

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

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

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

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

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

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

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

18  temporary permit if the person is otherwise eligible for the

19  driving privilege and shall issue the person a notice of

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

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

22  arrest, the agency employing the officer shall transmit such

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

24  results.  If the department then determines that the person

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

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

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

28  license pursuant to subsection (3).

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

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

31  driver of, the following:

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

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

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

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

  6  such a test; or

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

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

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

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

11  her driving privilege has been previously suspended for a

12  violation of s. 316.193.

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

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

15  later.

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

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

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

19  whichever is later.

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

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

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

23  whichever is later.

24         5.  The driver may submit to the department any

25  materials relevant to the arrest.

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

27  the person arrested should be suspended pursuant to this

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

29  served upon the person by a law enforcement officer or

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

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

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

  3  driver is otherwise eligible.

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

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

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

  7  person is otherwise eligible for the driving privilege

  8  pursuant to s. 322.271.

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

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

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

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

13  322.271, until 90 days have elapsed after the expiration of

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

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

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

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

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

19  eligible to receive a business or employment license pursuant

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

21  suspension.

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

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

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

25  eligible to receive a license for business or employment

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

27  elapsed after the expiration of the last temporary permit

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

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

30  ineligible for the permit and the suspension for a violation

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

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

  3  322.271 until 30 days have elapsed from the date of the

  4  arrest.

  5         Section 40.  Subsection (5) of section 322.27, Florida

  6  Statutes, is amended to read:

  7         322.27  Authority of department to suspend or revoke

  8  license.--

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

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

11  322.264, and such person shall not be eligible to be

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

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

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

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

16         Section 41.  Subsection (2) of section 322.28, Florida

17  Statutes, is amended to read:

18         322.28  Period of suspension or revocation.--

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

20  former s. 316.1931, the following provisions apply:

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

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

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

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

25  revocation in accordance with the following provisions:

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

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

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

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

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

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

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

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

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

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

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

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

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

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

  9  less than 10 years.

10

11  For the purposes of this paragraph, a previous conviction

12  outside this state for driving under the influence, driving

13  while intoxicated, driving with an unlawful blood-alcohol

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

15  offense similar to the offense of driving under the influence

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

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

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

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

20  316.193.

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

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

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

24  department shall forthwith revoke the driver's license or

25  driving privilege for the maximum period applicable under

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

27  period applicable under paragraph (a) for any subsequent

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

29  revocation by the department, petition the court for further

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

31

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  the case and determine the period of revocation within the

  2  limits specified in paragraph (a).

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

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

  5  under the influence of alcoholic beverages, chemical

  6  substances, or controlled substances to the extent of

  7  depriving the defendant of his or her normal faculties shall

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

  9  paragraph, and the department shall forthwith revoke the

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

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

12  conviction and for the minimum period applicable under

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

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

15  of revocation imposed by the department for such conviction

16  shall not exceed the difference between the applicable maximum

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

18  conviction and the revocation period under this subsection

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

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

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

22  appropriate motion contesting the forfeiture is filed within

23  the 20-day period.

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

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

26  department shall not grant a new license, except upon

27  reexamination of the licensee after the expiration of the

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

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

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

31

                                  73

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  department pursuant to s. 322.282.

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

  4  license or driving privilege of a person who has been

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

  6  316.1931 or a combination of such sections.  The court shall

  7  permanently revoke the driver's license or driving privilege

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

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

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

11  days after imposing sentence, the department shall permanently

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

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

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

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

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

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

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

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

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

21  driving under the influence, driving while intoxicated,

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

23  similar alcohol-related or drug-related traffic offense

24  outside this state is considered a conviction for the purposes

25  of this paragraph.

26         Section 42.  Section 322.282, Florida Statutes, is

27  repealed.

28         Section 43.  Subsection (3) is added to section

29  322.292, Florida Statutes, to read:

30         322.292  DUI programs supervision; powers and duties of

31  the department.--

                                  74

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (3)  DUI programs must be operated by either

  2  governmental entities or not-for-profit corporations.

  3         Section 44.  Section 322.331, Florida Statutes, is

  4  repealed.

  5         Section 45.  Subsections (8), (9), and (10) are added

  6  to section 322.61, Florida Statutes, to read:

  7         322.61  Disqualification from operating a commercial

  8  motor vehicle.--

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

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

11  is disqualified as follows:

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

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

14  violation of an out-of-service order.

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

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

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

18  in separate incidents.

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

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

21  driver is convicted of three or more violations of

22  out-of-service orders in separate incidents.

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

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

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

26  transporting hazardous materials required to be placarded

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

28  5101 et. seq.), or while operating motor vehicles designed to

29  transport more than 15 passengers including the driver. A

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

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

                                  75

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  driver is convicted of any subsequent violations of

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

  3  transporting hazardous materials required to be placarded

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

  5  5101 et. seq.), or while operating motor vehicles designed to

  6  transport more than 15 passengers including the driver.

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

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

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

10  offenses at a railroad-highway grade crossing is disqualified

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

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

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

14  approaching trains;

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

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

17  not clear;

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

19  failing to stop before driving onto the crossing;

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

21  to drive completely through the crossing without stopping;

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

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

24  crossing;

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

26  because of insufficient undercarriage clearance.

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

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

29  railroad-highway grade crossing violation.

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

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

                                  76

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  a second railroad-highway grade crossing violation in separate

  2  incidents.

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

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

  5  third or subsequent railroad-highway grade crossing violation

  6  in separate incidents.

  7         Section 46.  Subsections (1) and (3) of section 322.64,

  8  Florida Statutes, are amended to read:

  9         322.64  Holder of commercial driver's license; driving

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

11  breath, urine, or blood test.--

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

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

14  operating any commercial motor vehicle a person who while

15  operating or in actual physical control of a commercial motor

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

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

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

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

20  actual physical control of a commercial motor vehicle.  Upon

21  disqualification of the person, the officer shall take the

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

23  temporary permit if the person is otherwise eligible for the

24  driving privilege and shall issue the person a notice of

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

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

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

28  the officer shall transmit such results to the department

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

30  then determines that the person was arrested for a violation

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

                                  77

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




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

  2  disqualify the person from operating a commercial motor

  3  vehicle pursuant to subsection (3).

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

  5  pursuant to, and the notice of disqualification shall inform

  6  the driver of, the following:

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

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

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

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

11  previously been disqualified as a result of a refusal to

12  submit to such a test; or

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

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

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

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

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

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

19  316.193.

20         2.  The disqualification period shall commence on the

21  date of arrest or issuance of notice of disqualification,

22  whichever is later.

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

24  of the disqualification by the department within 10 days after

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

26  whichever is later.

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

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

29  day following the date of disqualification.

30         5.  The driver may submit to the department any

31  materials relevant to the arrest.

                                  78

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (3)  If the department determines that the person

  2  arrested should be disqualified from operating a commercial

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

  4  disqualification has not already been served upon the person

  5  by a law enforcement officer or correctional officer as

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

  7  notice of disqualification and, unless the notice is mailed

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

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

10  eligible.

11         Section 47.  Subsection (3) is added to section

12  324.091, Florida Statutes, to read:

13         324.091  Notice to department; notice to insurer.--

14         (3)  Electronic access to the vehicle insurer

15  information maintained in the department's vehicle database

16  may be provided by an approved third-party provider to

17  insurers, lawyers, and financial institutions in compliance

18  with s. 627.736(9)(a) and for subrogation and claims purposes

19  only. The compilation of and retention of this information is

20  strictly prohibited.

21         Section 48.  Paragraph (b) of subsection (3) of section

22  328.01, Florida Statutes, is amended to read:

23         328.01  Application for certificate of title.--

24         (3)

25         (b)  If the application for transfer of title is based

26  upon a contractual default, the recorded lienholder shall

27  establish proof of right to ownership by submitting with the

28  application the original certificate of title and a copy of

29  the applicable contract upon which the claim of ownership is

30  made.  If the claim is based upon a court order or judgment, a

31  copy of such document shall accompany the application for

                                  79

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  transfer of title.  If, on the basis of departmental records,

  2  there appears to be any other lien on the vessel, the

  3  certificate of title must contain a statement of such a lien,

  4  unless the application for a certificate of title is either

  5  accompanied by proper evidence of the satisfaction or

  6  extinction of the lien or contains a statement certifying that

  7  any lienholder named on the last-issued certificate of title

  8  has been sent notice by certified mail, at least 5 days before

  9  the application was filed, of the applicant's intention to

10  seek a repossessed title.  If such notice is given and no

11  written protest to the department is presented by a subsequent

12  lienholder within 15 days after the date on which the notice

13  was mailed, the certificate of title shall be issued showing

14  no liens.  If the former owner or any subsequent lienholder

15  files a written protest under oath within the 15-day period,

16  the department shall not issue the repossessed certificate for

17  10 days thereafter.  If, within the 10-day period, no

18  injunction or other order of a court of competent jurisdiction

19  has been served on the department commanding it not to deliver

20  the certificate, the department shall deliver the repossessed

21  certificate to the applicant, or as is otherwise directed in

22  the application, showing no other liens than those shown in

23  the application.

24         Section 49.  Subsection (2) of section 328.42, Florida

25  Statutes, is amended to read:

26         328.42  Suspension or denial of a vessel registration

27  due to child support delinquency; dishonored checks.--

28         (2)  The department may deny or cancel any vessel

29  registration, license plate, or fuel-use tax decal if the

30  owner pays for the registration, license plate, fuel-use tax

31  decal, or any tax liability, penalty, or interest specified in

                                  80

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  chapter 207 with if the owner pays for the registration by a

  2  dishonored check.

  3         Section 50.  Section 328.56, Florida Statutes, is

  4  amended to read:

  5         328.56  Vessel registration number.--Each vessel that

  6  is used on the waters of the state must display a commercial

  7  or recreational Florida registration number, unless it is:

  8         (1)  A vessel used exclusively on private lakes and

  9  ponds.

10         (2)  A vessel owned by the United States Government.

11         (3)  A vessel used exclusively as a ship's lifeboat.

12         (4)  A non-motor-powered vessel.

13         (5)  A federally documented vessel.

14         (6)  A vessel already covered by a registration number

15  in full force and effect which has been awarded to it pursuant

16  to a federally approved numbering system of another state or

17  by the United States Coast Guard in a state without a

18  federally approved numbering system, if the vessel has not

19  been within this state for a period in excess of 90

20  consecutive days.

21         (7)  A vessel operating under a valid temporary

22  certificate of number.

23         (8)  A vessel from a country other than the United

24  States temporarily using the waters of this state.

25         (9)  An undocumented vessel used exclusively for

26  racing.

27         Section 51.  Subsection (4) of section 328.72, Florida

28  Statutes, is amended to read:

29         328.72  Classification; registration; fees and charges;

30  surcharge; disposition of fees; fines; marine turtle

31  stickers.--

                                  81

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (4)  TRANSFER OF OWNERSHIP.--

  2         (a)  When the ownership of a registered vessel changes,

  3  an application for transfer of registration shall be filed

  4  with the county tax collector by the new owner within 30 days

  5  with a fee of $3.25.  The county tax collector shall retain

  6  $2.25 of the fee and shall remit $1 to the department. A

  7  refund may not be made for any unused portion of a

  8  registration period.

  9         (b)  If a vessel is an antique as defined in subsection

10  (2), the application shall be accompanied by either a

11  certificate of title, a bill of sale and a registration, or a

12  bill of sale and an affidavit by the owner defending the title

13  from all claims. The bill of sale must contain a complete

14  vessel description to include the hull identification number

15  and engine number, if appropriate; the year, make, and color

16  of the vessel; the selling price; and the signatures of the

17  seller and purchaser.

18         Section 52.  Effective July 1, 2001, subsection (1) of

19  section 328.76, Florida Statutes, is amended to read:

20         328.76  Marine Resources Conservation Trust Fund;

21  vessel registration funds; appropriation and distribution.--

22         (1)  Except as otherwise specified and less $1.4

23  million for any administrative costs, which shall be deposited

24  annually in the Highway Safety Operating Trust Fund, all funds

25  collected from the registration of vessels through the

26  Department of Highway Safety and Motor Vehicles and the tax

27  collectors of the state, except for those funds designated for

28  the use of the counties pursuant to s. 328.72(1), shall be

29  deposited in the Marine Resources Conservation Trust Fund for

30  recreational channel marking; public launching facilities; law

31  enforcement and quality control programs; aquatic weed

                                  82

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  control; manatee protection, recovery, rescue, rehabilitation,

  2  and release; and marine mammal protection and recovery. The

  3  funds collected pursuant to s. 328.72(1) shall be transferred

  4  as follows:

  5         (a)  In each fiscal year, an amount equal to $1.50 for

  6  each vessel registered in this state shall be transferred to

  7  the Save the Manatee Trust Fund and shall be used only for the

  8  purposes specified in s. 370.12(4).

  9         (b)  Two dollars from each noncommercial vessel

10  registration fee, except that for class A-1 vessels, shall be

11  transferred to the Invasive Plant Control Trust Fund for

12  aquatic weed research and control.

13         (c)  Forty percent of the registration fees from

14  commercial vessels shall be transferred to the Invasive Plant

15  Control Trust Fund for aquatic plant research and control.

16         (d)  Forty percent of the registration fees from

17  commercial vessels shall be transferred by the Department of

18  Highway Safety and Motor Vehicles, on a monthly basis, to the

19  General Inspection Trust Fund of the Department of Agriculture

20  and Consumer Services. These funds shall be used for shellfish

21  and aquaculture law enforcement and quality control programs.

22         Section 53.  Subsection (1) of section 681.1096,

23  Florida Statutes, is amended to read:

24         681.1096  Pilot RV Mediation and Arbitration Program;

25  creation and qualifications.--

26         (1)  This section and s. 681.1097 shall apply to

27  disputes determined eligible under this chapter involving

28  recreational vehicles acquired on or after October 1, 1997,

29  and shall remain in effect until September 30, 2002 2001, at

30  which time recreational vehicle disputes shall be subject to

31  the provisions of ss. 681.109 and 681.1095. The Attorney

                                  83

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  General shall report annually to the President of the Senate,

  2  the Speaker of the House of Representatives, the Minority

  3  Leader of each house of the Legislature, and appropriate

  4  legislative committees regarding the effectiveness efficiency

  5  and cost-effectiveness of the pilot program.

  6         Section 54.  Subsections (5) and (7) of section

  7  681.1097, Florida Statutes, are amended to read:

  8         681.1097  Pilot RV Mediation and Arbitration Program;

  9  dispute eligibility and program function.--

10         (5)  If the mediation ends in an impasse, or if a

11  manufacturer fails to comply with the settlement entered into

12  between the parties, the program administrator shall schedule

13  the dispute for an arbitration hearing. Arbitration

14  proceedings shall be open to the public on reasonable and

15  nondiscriminatory terms.

16         (a)  The arbitration hearing shall be conducted by a

17  single arbitrator assigned by the program administrator.  The

18  arbitrator shall not be the same person as the mediator who

19  conducted the prior mediation conference in the dispute.  The

20  parties may factually object to an arbitrator based on the

21  arbitrator's past or present relationship with a party or a

22  party's attorney, direct or indirect, whether financial,

23  professional, social, or of any other kind.  The program

24  administrator shall consider any such objection, determine its

25  validity, and notify the parties of any determination.  If the

26  objection is determined valid, the program administrator shall

27  assign another arbitrator to the case.

28         (b)  The arbitrator may issue subpoenas for the

29  attendance of witnesses and for the production of records,

30  documents, and other evidence. Subpoenas so issued shall be

31  served and, upon application to the court by a party to the

                                  84

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  arbitration, enforced in the manner provided by law for the

  2  service and enforcement of subpoenas in civil actions. Fees

  3  for attendance as a witness shall be the same as for a witness

  4  in the circuit court.

  5         (c)  At all program arbitration proceedings, the

  6  parties may present oral and written testimony, present

  7  witnesses and evidence relevant to the dispute, cross-examine

  8  witnesses, and be represented by counsel.  The arbitrator

  9  shall record the arbitration hearing and shall have the power

10  to administer oaths.  The arbitrator may inspect the vehicle

11  if requested by a party or if the arbitrator considers such

12  inspection appropriate.

13         (d)  The program arbitrator may continue a hearing on

14  his or her own motion or upon the request of a party for good

15  cause shown.  A request for continuance by the consumer

16  constitutes a waiver of the time period set forth in s.

17  681.1096(3)(k) for completion of all proceedings under the

18  program.

19         (e)  Where the arbitration is the result of a

20  manufacturer's failure to perform in accordance with a

21  settlement mediation agreement, any relief to the consumer

22  granted by the arbitration will be no less than the relief

23  agreed to by the manufacturer in the settlement agreement.

24         (f)  The arbitrator shall grant relief if a reasonable

25  number of attempts have been undertaken to correct a

26  nonconformity or nonconformities.

27         (g)  The program arbitrator shall render a decision

28  within 10 days of the closing of the hearing. The decision

29  shall be in writing on a form prescribed or approved by the

30  department. The program administrator shall send a copy of the

31  decision to the consumer and each involved manufacturer by

                                  85

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  registered mail. The program administrator shall also send a

  2  copy of the decision to the department within 5 days of

  3  mailing to the parties.

  4         (h)  A manufacturer shall comply with an arbitration

  5  decision within 40 days of the date the manufacturer receives

  6  the written decision. Compliance occurs on the date the

  7  consumer receives delivery of an acceptable replacement motor

  8  vehicle or the refund specified in the arbitration award. If a

  9  manufacturer fails to comply within the time required, the

10  consumer must notify the program administrator in writing

11  within 10 days. The program administrator shall notify the

12  department of a manufacturer's failure to comply. The

13  department shall have the authority to enforce compliance with

14  arbitration decisions under this section in the same manner as

15  is provided for enforcement of compliance with board decisions

16  under s. 681.1095(10). In any civil action arising under this

17  chapter and relating to a dispute arbitrated pursuant to this

18  section, the decision of the arbitrator is admissible in

19  evidence.

20         (i)  Either party may request that the program

21  arbitrator make a technical correction to the decision by

22  filing a written request with the program administrator within

23  10 days after receipt of the written decision. Technical

24  corrections shall be limited to computational errors,

25  correction of a party's name or information regarding the

26  recreational vehicle, and typographical or spelling errors.

27  Technical correction of a decision shall not toll the time for

28  filing an appeal or for manufacturer compliance.

29         (7)  A decision of the arbitrator is binding unless

30  appealed by either party by filing a petition with the circuit

31  court within the time and in the manner prescribed by

                                  86

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  subsections 681.1095(10) and (12). Subsections 681.1095(13)

  2  and (14) apply to appeals filed under this section. Either

  3  party may make application to the circuit court for the county

  4  in which one of the parties resides or has a place of business

  5  or, if neither party resides or has a place of business in

  6  this state, the county where the arbitration hearing was held,

  7  for an order confirming, vacating, modifying, or correcting

  8  any award, in accordance with the provisions of this section

  9  and ss. 682.12, 682.13, 682.14, 682.15, and 682.17. Such

10  application must be filed within 30 days of the moving party's

11  receipt of the written decision or the decision becomes final.

12  Upon filing such application, the moving party shall mail a

13  copy to the department and, upon entry of any judgment or

14  decree, shall mail a copy of such judgment or decree to the

15  department. A review of such application by the circuit court

16  shall be confined to the record of the proceedings before the

17  program arbitrator. The court shall conduct a de novo review

18  of the questions of law raised in the application. In addition

19  to the grounds set forth in ss. 682.13 and 682.14, the court

20  shall consider questions of fact raised in the application. In

21  reviewing questions of fact, the court shall uphold the award

22  unless it determines that the factual findings of the

23  arbitrator are not supported by substantial evidence in the

24  record and that the substantial rights of the moving party

25  have been prejudiced. If the arbitrator fails to state

26  findings or reasons for the stated award, or the findings or

27  reasons are inadequate, the court shall search the record to

28  determine whether a basis exists to uphold the award. The

29  court shall expedite consideration of any application filed

30  under this section on the calendar.

31

                                  87

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (a)  If a decision of a program arbitrator in favor of

  2  a consumer is confirmed by the court, recovery by the consumer

  3  shall include the pecuniary value of the award, attorney's

  4  fees incurred in obtaining confirmation of the award, and all

  5  costs and continuing damages in the amount of $25 per day for

  6  each day beyond the 40-day period following a manufacturer's

  7  receipt of the arbitrator's decision. If a court determines

  8  the manufacturer acted in bad faith in bringing the appeal or

  9  brought the appeal solely for the purpose of harassment, or in

10  complete absence of a justiciable issue of law or fact, the

11  court shall double, and may triple, the amount of the total

12  award.

13         (b)  An appeal of a judgment or order by the court

14  confirming, denying confirmation, modifying or correcting, or

15  vacating the award may be taken in the manner and to the same

16  extent as from orders or judgments in a civil action.

17         Section 55.  Section 681.115, Florida Statutes, is

18  amended to read:

19         681.115  Certain agreements void.--Any agreement

20  entered into by a consumer that waives, limits, or disclaims

21  the rights set forth in this chapter, or that requires a

22  consumer not to disclose the terms of such agreement as a

23  condition thereof, is void as contrary to public policy.  The

24  rights set forth in this chapter shall extend to a subsequent

25  transferee of such motor vehicle.

26         Section 56.  Section 713.78, Florida Statutes, is

27  amended to read:

28         713.78  Liens for recovering, towing, or storing

29  vehicles and documented vessels.--

30         (1)  For the purposes of this section, the term:

31

                                  88

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (a)  "Vehicle" means any mobile item, whether motorized

  2  or not, which is mounted on wheels.

  3         (b)  "Vessel" means every description of watercraft,

  4  barge, and air boat used or capable of being used as a means

  5  of transportation on water, other than a seaplane or a

  6  "documented vessel" as defined in s. 327.02(8).

  7         (c)  "Wrecker" means any truck or other vehicle which

  8  is used to tow, carry, or otherwise transport motor vehicles

  9  or vessels upon the streets and highways of this state and

10  which is equipped for that purpose with a boom, winch, car

11  carrier, or other similar equipment.

12         (2)  Whenever a person regularly engaged in the

13  business of transporting vehicles or vessels by wrecker, tow

14  truck, or car carrier recovers, removes, or stores a vehicle,

15  vessel, or mobile home upon instructions from:

16         (a)  The owner thereof; or

17         (b)  The owner or lessor, or a person authorized by the

18  owner or lessor, of property on which such vehicle is

19  wrongfully parked, and such removal is done in compliance with

20  s. 715.07; or

21         (c)  Any law enforcement agency; or

22         (d)  A mobile home park owner as defined in s. 723.003

23  who has a current writ of possession for a mobile home lot

24  pursuant to s. 723.061,

25

26  she or he shall have a lien on such vehicle or vessel for a

27  reasonable towing fee and for a reasonable storage fee; except

28  that no storage fee shall be charged if such vehicle is stored

29  for less than 6 hours.

30         (3)  This section does not authorize any person to

31  claim a lien on a vehicle for fees or charges connected with

                                  89

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  the immobilization of such vehicle using a vehicle boot or

  2  other similar device pursuant to s. 715.07.

  3         (4)(a)  Any person regularly engaged in the business of

  4  recovering, towing, or storing vehicles or vessels who comes

  5  into possession of a vehicle or vessel pursuant to subsection

  6  (2), and who claims a lien for recovery, towing, or storage

  7  services, shall give notice to the registered owner, to the

  8  insurance company insuring the vehicle, notwithstanding the

  9  provisions of s. 627.736, and to all persons claiming a lien

10  thereon, as disclosed by the records in the Department of

11  Highway Safety and Motor Vehicles or of a corresponding agency

12  in any other state.

13         (b)  Whenever any law enforcement agency authorizes the

14  removal of a vehicle or whenever any towing service, garage,

15  repair shop, or automotive service, storage, or parking place

16  notifies the law enforcement agency of possession of a vehicle

17  pursuant to s. 715.07(2)(a)2., the applicable law enforcement

18  agency shall contact the Department of Highway Safety and

19  Motor Vehicles, or the appropriate agency of the state of

20  registration, if known, within 24 hours through the medium of

21  electronic communications, giving a full description of the

22  vehicle. Upon receipt of the full description of the vehicle,

23  the department shall search its files to determine the owner's

24  name, the insurance company insuring the vehicle, and whether

25  any person has filed a lien upon the vehicle as provided in s.

26  319.27(2) and (3) and notify the applicable law enforcement

27  agency within 72 hours. The person in charge of the towing

28  service, garage, repair shop, or automotive service, storage,

29  or parking place shall obtain such information from the

30  applicable law enforcement agency within 5 days from the date

31  of storage and shall give notice pursuant to paragraph (4)(a).

                                  90

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  The department may release the insurance company information

  2  to the requester notwithstanding the provisions of s. 627.736.

  3         (c)(b)  Notice by certified mail, return receipt

  4  requested, shall be sent within 7 business days after the date

  5  of storage of the vehicle or vessel to the registered owner,

  6  to the insurance company insuring the vehicle, notwithstanding

  7  the provisions of s. 627.736, and to all persons of record

  8  claiming a lien against the vehicle or vessel.  It shall state

  9  the fact of possession of the vehicle or vessel, that a lien

10  as provided in subsection (2) is claimed, that charges have

11  accrued and the amount thereof, that the lien is subject to

12  enforcement pursuant to law, and that the owner or lienholder,

13  if any, has the right to a hearing as set forth in subsection

14  (5), and that any vehicle or vessel which remains unclaimed,

15  or for which the charges for recovery, towing, or storage

16  services remain unpaid, may be sold after 35 days free of all

17  prior liens after 35 days if the vehicle or vessel is more

18  than 5 years of age or after 60 days if vehicle or vessel is 5

19  years of age or less.

20         (d)(c)  If attempts to locate the owner or lienholder

21  prove unsuccessful, the towing-storage operator shall, after 7

22  working days, excluding Saturday and Sunday, of the initial

23  tow or storage, notify the public agency of jurisdiction in

24  writing by certified mail or acknowledged hand delivery that

25  the towing-storage company has been unable to locate the owner

26  or lienholder and a physical search of the vehicle or vessel

27  has disclosed no ownership information and a good faith effort

28  has been made.  For purposes of this paragraph and, subsection

29  (9), the term and s. 715.05, "good faith effort" means that

30  the following checks have been performed by the company to

31  establish prior state of registration and for title:

                                  91

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         1.  Check of vehicle or vessel for any type of tag, tag

  2  record, temporary tag, or regular tag.

  3         2.  Check of law enforcement report for tag number or

  4  other information identifying the vehicle or vessel, if the

  5  vehicle or vessel was towed at the request of a law

  6  enforcement officer.

  7         3.  Check of trip sheet or tow ticket of tow truck

  8  operator to see if a tag was on vehicle at beginning of tow,

  9  if private tow.

10         4.  If there is no address of the owner on the impound

11  report, check of law enforcement report to see if an

12  out-of-state address is indicated from driver license

13  information.

14         5.  Check of vehicle or vessel for inspection sticker

15  or other stickers and decals that may indicate a state of

16  possible registration.

17         6.  Check of the interior of the vehicle or vessel for

18  any papers that may be in the glove box, trunk, or other areas

19  for a state of registration.

20         7.  Check of vehicle for vehicle identification number.

21         8.  Check of vessel for vessel registration number.

22         9.  Check of vessel hull for a hull identification

23  number which should be carved, burned, stamped, embossed, or

24  otherwise permanently affixed to the outboard side of the

25  transom or, if there is no transom, to the outmost seaboard

26  side at the end of the hull that bears the rudder or other

27  steering mechanism.

28         (5)(a)  The owner of a vehicle or vessel removed

29  pursuant to the provisions of subsection (2), or any person

30  claiming a lien, other than the towing-storage operator,

31  within 10 days after the time she or he has knowledge of the

                                  92

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  location of the vehicle or vessel, may file a complaint in the

  2  county court of the county in which the vehicle or vessel is

  3  stored or in which the owner resides to determine if her or

  4  his property was wrongfully taken or withheld from her or him.

  5         (b)  Upon filing of a complaint, an owner or lienholder

  6  may have her or his vehicle or vessel released upon posting

  7  with the court a cash or surety bond or other adequate

  8  security equal to the amount of the charges for towing or

  9  storage and lot rental amount to ensure the payment of such

10  charges in the event she or he does not prevail.  Upon the

11  posting of the bond and the payment of the applicable fee set

12  forth in s. 28.24, the clerk of the court shall issue a

13  certificate notifying the lienor of the posting of the bond

14  and directing the lienor to release the vehicle or vessel. At

15  the time of such release, after reasonable inspection, she or

16  he shall give a receipt to the towing-storage company reciting

17  any claims she or he has for loss or damage to the vehicle or

18  vessel or the contents thereof.

19         (c)  Upon determining the respective rights of the

20  parties, the court may award damages and costs in favor of the

21  prevailing party.  In any event, the final order shall provide

22  for immediate payment in full of recovery, towing, and storage

23  fees by the vehicle or vessel owner or lienholder; or the

24  agency ordering the tow; or the owner, lessee, or agent

25  thereof of the property from which the vehicle or vessel was

26  removed.

27         (6)  Any vehicle or vessel that which is stored

28  pursuant to subsection (2) and that which remains unclaimed,

29  or for which reasonable charges for recovery, towing, or

30  storing remain unpaid or for which a lot rental amount is due

31  and owing to the mobile home park owner, as evidenced by a

                                  93

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  judgment for unpaid rent, and any contents not released

  2  pursuant to subsection (10), may be sold by the owner or

  3  operator of the storage space for such towing or storage

  4  charge or unpaid lot rental amount after 35 days from the time

  5  the vehicle or vessel is stored therein if the vehicle or

  6  vessel is more than 5 years of age and after 60 days from the

  7  time the vehicle or vessel is stored therein if the vehicle or

  8  vessel is 5 years of age or less. The sale shall be at public

  9  auction for cash. If the date of the sale was not included in

10  the notice required in subsection (4), notice of the sale

11  shall be given to the person in whose name the vehicle,

12  vessel, or mobile home is registered, to the mobile home park

13  owner, and to all persons claiming a lien on the vehicle or

14  vessel as shown on the records of the Department of Highway

15  Safety and Motor Vehicles or of the corresponding agency in

16  any other state. Notice shall be sent by certified mail,

17  return receipt requested, to the owner of the vehicle or

18  vessel and the person having the recorded lien on the vehicle

19  or vessel at the address shown on the records of the

20  registering agency and shall be mailed not less than 15 days

21  before the date of the sale. After diligent search and

22  inquiry, if the name and address of the registered owner or

23  the owner of the recorded lien cannot be ascertained, the

24  requirements of notice by mail may be dispensed with.  In

25  addition to the notice by mail, public notice of the time and

26  place of sale shall be made by publishing a notice thereof one

27  time, at least 10 days prior to the date of the sale, in a

28  newspaper of general circulation in the county in which the

29  sale is to be held.  The proceeds of the sale, after payment

30  of reasonable towing and storage charges, costs of the sale,

31  and the unpaid lot rental amount, in that order of priority,

                                  94

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  shall be deposited with the clerk of the circuit court for the

  2  county if the owner is absent, and the clerk shall hold such

  3  proceeds subject to the claim of the person legally entitled

  4  thereto. The clerk shall be entitled to receive 5 percent of

  5  such proceeds for the care and disbursement thereof.  The

  6  certificate of title issued under this law shall be discharged

  7  of all liens unless otherwise provided by court order.

  8         (7)(a)  A wrecker operator recovering, towing, or

  9  storing vehicles or vessels is not liable for damages

10  connected with such services, theft of such vehicles or

11  vessels, or theft of personal property contained in such

12  vehicles or vessels, provided that such services have been

13  performed with reasonable care and provided, further, that, in

14  the case of removal of a vehicle or vessel upon the request of

15  a person purporting, and reasonably appearing, to be the owner

16  or lessee, or a person authorized by the owner or lessee, of

17  the property from which such vehicle or vessel is removed,

18  such removal has been done in compliance with s. 715.07.

19  Further, a wrecker operator is not liable for damage connected

20  with such services when complying with the lawful directions

21  of a law enforcement officer to remove a vehicle stopped,

22  standing, or parked upon a street or highway in such a

23  position as to obstruct the normal movement of traffic or in

24  such a condition as to create a hazard to other traffic upon

25  the street or highway.

26         (b)  For the purposes of this subsection, a wrecker

27  operator is presumed to use reasonable care to prevent the

28  theft of a vehicle or vessel or of any personal property

29  contained in such vehicle stored in the wrecker operator's

30  storage facility if all of the following apply:

31

                                  95

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         1.  The wrecker operator surrounds the storage facility

  2  with a chain-link or solid-wall type fence at least 6 feet in

  3  height;

  4         2.  The wrecker operator has illuminated the storage

  5  facility with lighting of sufficient intensity to reveal

  6  persons and vehicles at a distance of at least 150 feet during

  7  nighttime; and

  8         3.  The wrecker operator uses one or more of the

  9  following security methods to discourage theft of vehicles or

10  vessels or of any personal property contained in such vehicles

11  or vessels stored in the wrecker operator's storage facility:

12         a.  A night dispatcher or watchman remains on duty at

13  the storage facility from sunset to sunrise;

14         b.  A security dog remains at the storage facility from

15  sunset to sunrise;

16         c.  Security cameras or other similar surveillance

17  devices monitor the storage facility; or

18         d.  A security guard service examines the storage

19  facility at least once each hour from sunset to sunrise.

20         (c)  Any law enforcement agency requesting that a motor

21  vehicle be removed from an accident scene, street, or highway

22  must conduct an inventory and prepare a written record of all

23  personal property found in the vehicle before the vehicle is

24  removed by a wrecker operator. However, if the owner or driver

25  of the motor vehicle is present and accompanies the vehicle,

26  no inventory by law enforcement is required. A wrecker

27  operator is not liable for the loss of personal property

28  alleged to be contained in such a vehicle when such personal

29  property was not identified on the inventory record prepared

30  by the law enforcement agency requesting the removal of the

31  vehicle.

                                  96

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (8)  A person regularly engaged in the business of

  2  recovering, towing, or storing vehicles or vessels, except a

  3  person licensed under chapter 493 while engaged in

  4  "repossession" activities as defined in s. 493.6101, may not

  5  operate a wrecker, tow truck, or car carrier unless the name,

  6  address, and telephone number of the company performing the

  7  service is clearly printed in contrasting colors on the driver

  8  and passenger sides of its vehicle.  The name must be in at

  9  least 3-inch permanently affixed letters, and the address and

10  telephone number must be in at least 1-inch permanently

11  affixed letters.

12         (9)  Failure to make good faith best efforts to comply

13  with the notice requirements of this section shall preclude

14  the imposition of any storage charges against such vehicle or

15  vessel.

16         (10)  Persons who provide services pursuant to this

17  section shall permit vehicle or vessel owners or their agents,

18  which agency is evidenced by a writing acknowledged by the

19  owner before a notary public or other person empowered by law

20  to administer oaths, to inspect the towed vehicle or vessel

21  and shall release to the owner or agent all personal property

22  not affixed to the vehicle or vessel which was in the vehicle

23  or vessel at the time the vehicle or vessel came into the

24  custody of the person providing such services.

25         (11)(a)  Any person regularly engaged in the business

26  of recovering, towing, or storing vehicles or vessels who

27  comes into possession of a vehicle or vessel pursuant to

28  subsection (2) and who has complied with the provisions of

29  subsections (3) and (6), when such vehicle or vessel is to be

30  sold for purposes of being dismantled, destroyed, or changed

31  in such manner that it is not the motor vehicle, vessel, or

                                  97

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  mobile home described in the certificate of title, shall apply

  2  to the county tax collector for a certificate of destruction.

  3  A certificate of destruction, which authorizes the dismantling

  4  or destruction of the vehicle or vessel described therein,

  5  shall be reassignable and shall accompany the vehicle or

  6  vessel for which it is issued, when such vehicle or vessel is

  7  sold for such purposes, in lieu of a certificate of title.

  8  The application for a certificate of destruction must include

  9  an affidavit from the applicant that it has complied with all

10  applicable requirements of this section and, if the vehicle or

11  vessel is not registered in this state, by a statement from a

12  law enforcement officer that the vehicle or vessel is not

13  reported stolen, and shall be accompanied by such

14  documentation as may be required by the department.

15         (b)  The Department of Highway Safety and Motor

16  Vehicles shall charge a fee of $3 for each certificate of

17  destruction.  A service charge of $4.25 shall be collected and

18  retained by the tax collector who processes the application.

19         (c)  The Department of Highway Safety and Motor

20  Vehicles may adopt such rules as it deems necessary or proper

21  for the administration of this subsection.

22         (12)(a)  Any person who violates any provision of

23  subsection (1), subsection (2), subsection (4), subsection

24  (5), subsection (6), or subsection (7) is guilty of a

25  misdemeanor of the first degree, punishable as provided in s.

26  775.082 or s. 775.083.

27         (b)  Any person who violates the provisions of

28  subsections (8) through (11) is guilty of a felony of the

29  third degree, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084.

31

                                  98

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (c)  Any person who uses a false or fictitious name,

  2  gives a false or fictitious address, or makes any false

  3  statement in any application or affidavit required under the

  4  provisions of this section is guilty of a felony of the third

  5  degree, punishable as provided in s. 775.082, s. 775.083, or

  6  s. 775.084.

  7         Section 57.  Section 715.05, Florida Statutes, is

  8  repealed.

  9         Section 58.  Section 715.07, Florida Statutes, is

10  amended to read:

11         715.07  Vehicles parked on private property; towing.--

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

13         (a)  "Vehicle" means any mobile item that which

14  normally uses wheels, whether motorized or not.

15         (b)  "Vessel" means any form of watercraft, barge, or

16  air boat used or capable of being used as a means of

17  transportation on water, other than a seaplane or a documented

18  vessel as defined in s. 327.02(8).

19         (2)  The owner or lessee of real property, or any

20  person authorized by the owner or lessee, which person may be

21  the designated representative of the condominium association

22  if the real property is a condominium, may cause any vehicle

23  or vessel parked or located on such property without her or

24  his permission to be removed by a person regularly engaged in

25  the business of towing vehicles or vessels, without liability

26  for the costs of removal, transportation, or storage or

27  damages caused by such removal, transportation, or storage,

28  under any of the following circumstances:

29         (a)  The towing or removal of any vehicle or vessel

30  from private property without the consent of the registered

31  owner or other legally authorized person in control of that

                                  99

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  vehicle or vessel is subject to strict compliance with the

  2  following conditions and restrictions:

  3         1.a.  Any towed or removed vehicle or vessel must be

  4  stored at a site within 10 miles of the point of removal in

  5  any county of 500,000 population or more, and within 15 miles

  6  of the point of removal in any county of less than 500,000

  7  population. That site must be open for the purpose of

  8  redemption of vehicles or vessels on any day that the person

  9  or firm towing such vehicle or vessel is open for towing

10  purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall

11  have prominently posted a sign indicating a telephone number

12  where the operator of the site can be reached at all times.

13  Upon receipt of a telephoned request to open the site to

14  redeem a vehicle or vessel, the operator shall return to the

15  site within 1 hour or she or he will be in violation of this

16  section.

17         b.  If no towing business providing such service is

18  located within the area of towing limitations set forth in

19  sub-subparagraph a., the following limitations apply:  any

20  towed or removed vehicle or vessel must be stored at a site

21  within 20 miles of the point of removal in any county of

22  500,000 population or more, and within 30 miles of the point

23  of removal in any county of less than 500,000 population.

24         2.  The person or firm towing or removing the vehicle

25  or vessel shall, within 30 minutes of completion of such

26  towing or removal, notify the municipal police department or,

27  in an unincorporated area, the sheriff of such towing or

28  removal, the storage site, the time the vehicle or vessel was

29  towed or removed, and the make, model, color, and license

30  plate number of the vehicle or the make, model, color, and

31  registration number of the vessel and shall obtain the name of

                                 100

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  the person at that department to whom such information was

  2  reported and note that name on the trip record.

  3         3.  If the registered owner or other legally authorized

  4  person in control of the vehicle or vessel arrives at the

  5  scene prior to removal or towing of the vehicle or vessel, the

  6  vehicle or vessel shall be disconnected from the towing or

  7  removal apparatus, and that person shall be allowed to remove

  8  the vehicle or vessel without interference upon the payment of

  9  a reasonable service fee of not more than one-half of the

10  posted rate for such towing service as provided in

11  subparagraph 6., for which a receipt shall be given, unless

12  that person refuses to remove the vehicle or vessel which is

13  otherwise unlawfully parked or located.

14         4.  The rebate or payment of money or any other

15  valuable consideration from the individual or firm towing or

16  removing vehicles or vessels to the owners or operators of the

17  premises from which the vehicles or vessels are towed or

18  removed, for the privilege of removing or towing those

19  vehicles or vessels, is prohibited.

20         5.  Except for property appurtenant to and obviously a

21  part of a single-family residence, and except for instances

22  when notice is personally given to the owner or other legally

23  authorized person in control of the vehicle or vessel that the

24  area in which that vehicle or vessel is parked is reserved or

25  otherwise unavailable for unauthorized vehicles or vessels and

26  subject to being removed at the owner's or operator's expense,

27  any property owner or lessee, or person authorized by the

28  property owner or lessee, prior to towing or removing any

29  vehicle or vessel from private property without the consent of

30  the owner or other legally authorized person in control of

31

                                 101

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  that vehicle or vessel, must post a notice meeting the

  2  following requirements:

  3         a.  The notice must be prominently placed at each

  4  driveway access or curb cut allowing vehicular access to the

  5  property, within 5 feet from the public right-of-way line.  If

  6  there are no curbs or access barriers, the signs must be

  7  posted not less than one sign for each 25 feet of lot

  8  frontage.

  9         b.  The notice must clearly indicate, in not less than

10  2-inch high, light-reflective letters on a contrasting

11  background, that unauthorized vehicles or vessels will be

12  towed away at the owner's expense.  The words "tow-away zone"

13  must be included on the sign in not less than 4-inch high

14  letters.

15         c.  The notice must also provide the name and current

16  telephone number of the person or firm towing or removing the

17  vehicles or vessels, if the property owner, lessee, or person

18  in control of the property has a written contract with the

19  towing company.

20         d.  The sign structure containing the required notices

21  must be permanently installed with the words "tow-away zone"

22  not less than 3 feet and not more than 6 feet above ground

23  level and must be continuously maintained on the property for

24  not less than 24 hours prior to the towing or removal of any

25  vehicles or vessels.

26         e.  The local government may require permitting and

27  inspection of these signs prior to any towing or removal of

28  vehicles or vessels being authorized.

29         f.  A business with 20 or fewer parking spaces

30  satisfies the notice requirements of this subparagraph by

31  prominently displaying a sign stating "Reserved Parking for

                                 102

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  Customers Only Unauthorized Vehicles or Vessels Will be Towed

  2  Away At the Owner's Expense" in not less than 4-inch high,

  3  light-reflective letters on a contrasting background.

  4

  5  A business owner or lessee may authorize the removal of a

  6  vehicle or vessel by a towing company when the vehicle or

  7  vessel is parked in such a manner that restricts the normal

  8  operation of business; and if a vehicle or vessel parked on a

  9  public right-of-way obstructs access to a private driveway the

10  owner, lessee, or agent may have the vehicle or vessel removed

11  by a towing company upon signing an order that the vehicle or

12  vessel be removed without a posted tow-away zone sign.

13         6.  Any person or firm that tows or removes vehicles or

14  vessels and proposes to require an owner, operator, or person

15  in control of a vehicle or vessel to pay the costs of towing

16  and storage prior to redemption of the vehicle or vessel must

17  file and keep on record with the local law enforcement agency

18  a complete copy of the current rates to be charged for such

19  services and post at the storage site an identical rate

20  schedule and any written contracts with property owners,

21  lessees, or persons in control of property which authorize

22  such person or firm to remove vehicles or vessels as provided

23  in this section.

24         7.  Any person or firm towing or removing any vehicles

25  or vessels from private property without the consent of the

26  owner or other legally authorized person in control of the

27  vehicles or vessels shall, on any trucks, wreckers as defined

28  in s. 713.78(1)(b), or other vehicles or vessels used in the

29  towing or removal, have the name, address, and telephone

30  number of the company performing such service clearly printed

31  in contrasting colors on the driver and passenger sides of the

                                 103

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  vehicle or vessel.  The name shall be in at least 3-inch

  2  permanently affixed letters, and the address and telephone

  3  number shall be in at least 1-inch permanently affixed

  4  letters.

  5         8.  Vehicle entry for the purpose of removing the

  6  vehicle or vessel shall be allowed with reasonable care on the

  7  part of the person or firm towing the vehicle or vessel.  Such

  8  person or firm shall be liable for any damage occasioned to

  9  the vehicle or vessel if such entry is not in accordance with

10  the standard of reasonable care.

11         9.  When a vehicle or vessel has been towed or removed

12  pursuant to this section, it must be released to its owner or

13  custodian within one hour after requested.  Any vehicle or

14  vessel owner, custodian, or agent shall have the right to

15  inspect the vehicle or vessel before accepting its return, and

16  no release or waiver of any kind which would release the

17  person or firm towing the vehicle or vessel from liability for

18  damages noted by the owner or other legally authorized person

19  at the time of the redemption may be required from any vehicle

20  or vessel owner, custodian, or agent as a condition of release

21  of the vehicle or vessel to its owner.  A detailed, signed

22  receipt showing the legal name of the company or person towing

23  or removing the vehicle or vessel must be given to the person

24  paying towing or storage charges at the time of payment,

25  whether requested or not.

26         (b)  These requirements shall be the minimum standards

27  and shall not preclude enactment of additional regulations by

28  any municipality or county including the right to regulate

29  rates when vehicles or vessels are towed from private

30  property.

31

                                 104

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1         (3)  This section does not apply to law enforcement,

  2  firefighting, rescue squad, ambulance, or other emergency

  3  vehicles or vessels that which are marked as such or to

  4  property owned by any governmental entity.

  5         (4)  When a person improperly causes a vehicle or

  6  vessel to be removed, such person shall be liable to the owner

  7  or lessee of the vehicle or vessel for the cost of removal,

  8  transportation, and storage; any damages resulting from the

  9  removal, transportation, or storage of the vehicle or vessel;

10  attorneys' fees; and court costs.

11         (5)  Failure to make good-faith best efforts to comply

12  with the notice requirement of this section as appropriate

13  precludes the imposition of any towing or storage charges

14  against such vehicle or vessel.

15         (6)(5)(a)  Any person who violates the provisions of

16  subparagraph (2)(a)2. or subparagraph (2)(a)6. is guilty of a

17  misdemeanor of the first degree, punishable as provided in s.

18  775.082 or s. 775.083.

19         (b)  Any person who violates the provisions of

20  subparagraph (2)(a)7. is guilty of a felony of the third

21  degree, punishable as provided in s. 775.082, s. 775.083, or

22  s. 775.084.

23         Section 59.  Subsection (3) is added to section 832.09,

24  Florida Statutes, to read:

25         832.09  Suspension of driver license after warrant or

26  capias is issued in worthless check case.--

27         (3)  The Department of Highway Safety and Motor

28  Vehicles shall create a standardized form to be distributed to

29  the clerk of the circuit court in each county for the purpose

30  of notifying the department that a person has satisfied the

31  requirements of the court. Notices of compliance with the

                                 105

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 1068
    316-1871-01




  1  court's requirements shall be on the standardized form

  2  provided by the department.

  3         Section 60.  Except as otherwise expressly provided in

  4  this act, this act shall take effect October 1, 2001.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                            CS/SB 1068

  8

  9  This Committee Substitute for the Committee Substitute makes
    the following changes to the CS:
10
    Amends s. 318.1451, F.S., to allow government entities and
11  courts to distribute a traffic school reference guide or
    provider list developed by DHSMV; allows course providers
12  receiving request for information about traffic schools from
    geographic areas that they do not serve to provide a telephone
13  number for a course provider that they believe serves such
    geographic area; amends the traffic school reference guide to
14  include the names and telephone numbers of the fully approved
    course providers; requires the cost of producing the traffic
15  school reference guide be assumed by providers included in the
    guide; and specifies guidelines for reproducing the guide;
16
    Amends the definition of "major component parts" in s. 319.30,
17  F.S.;

18  Creates s. 320.691, F.S., to establish an advisory board
    within DHSMV to provide a means for the automobile industry
19  and the department to address issues that affect the industry;

20  Amends s. 322.095, F.S., to clarify DHSMV's responsibility to
    approve and regulate certain driver improvement courses that
21  rely on technology as the delivery method;

22  Deletes section 36 of the CS, which amended s. 322.126, F.S.,
    relating to reporting of disabilities to DHSMV that may impair
23  a person's ability to drive;

24  Amends s. 322.161, F.S., to increase the number of points that
    young drivers (ages 15 to 17) may accumulate before the
25  department revokes their driver's license and issues them a
    restricted license; and
26
    Amends s. 681.115, F.S., to void a settlement agreement that
27  restricts the consumer's ability to disclose the terms of
    agreements between the buyer and the seller.
28

29

30

31

                                 106

CODING: Words stricken are deletions; words underlined are additions.