Senate Bill sb0738c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                            CS for SB 738

    By the Committee on Transportation and Senator King





    306-1597-01

  1                      A bill to be entitled

  2         An act relating to off-highway vehicles;

  3         creating ch. 261, F.S.; creating the Florida

  4         Off-Highway-Vehicle Safety and Recreation Act;

  5         providing legislative intent; providing

  6         definitions; creating the Off-Highway-Vehicle

  7         Recreation Advisory Committee; providing duties

  8         and responsibilities; providing for duties and

  9         responsibilities of the Department of

10         Agriculture and Consumer Services; providing

11         for rulemaking authority; providing for the

12         publication and distribution of a guidebook;

13         providing for the repair, maintenance, and

14         rehabilitation of areas, trails, and lands;

15         providing for contracts and agreements;

16         providing criteria for recreation areas and

17         trails; providing for the use of designated

18         off-highway-vehicle funds within the Incidental

19         Trust Fund of the Division of Forestry,

20         Department of Agriculture and Consumer

21         Services; amending s. 316.2074, F.S.; revising

22         the definition of the term "all-terrain

23         vehicle"; prohibiting the use of all-terrain

24         vehicles on public roadways in the state;

25         creating the Florida Off-Highway-Vehicle

26         Titling and Registration Act; providing

27         legislative intent; providing definitions;

28         providing for administration by the Department

29         of Highway Safety and Motor Vehicles; providing

30         for rules, forms, and notices; requiring

31         certificates of title; providing for

                                  1

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         application for and issuance of certificates of

  2         title; providing for duplicate certificates of

  3         title; requiring the furnishing of a

  4         manufacturer's statement of origin; requiring

  5         registration; providing for application for and

  6         issuance of certificate of registration,

  7         registration number, and decal; providing for

  8         the registration period and for reregistration

  9         by mail; providing for change of interest and

10         address; providing for duplicate registration

11         certificate and decal; providing for fees;

12         providing for disposition of fees; providing

13         for refusal to issue and authority to cancel a

14         certificate of title or registration; providing

15         for crimes relating to certificates of title

16         and registration decals; providing penalties;

17         providing for noncriminal infractions;

18         providing penalties; amending s. 375.315, F.S.,

19         relating to the registration of off-road

20         vehicles; providing an appropriation; providing

21         an effective date.

22

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

24

25         Section 1.  Chapter 261, Florida Statutes, consisting

26  of sections 261.01, 261.02, 261.03, 261.04, 261.05, 261.06,

27  261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida

28  Statutes, is created to read:

29         261.01  Short title.--This chapter may be cited as the

30  "Florida Off-Highway-Vehicle Safety and Recreation Act."

31         261.02  Legislative intent.--

                                  2

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (1)  The Legislature finds that off-highway vehicles

  2  are becoming ever-increasingly popular in this state and that

  3  the use of these vehicles should be controlled and managed to

  4  minimize negative effects on the environment, wildlife

  5  habitats, native wildlife, and native flora.

  6         (2)  The Legislature declares that effectively managed

  7  areas and adequate facilities for the use of off-highway

  8  vehicles are compatible with this state's overall recreation

  9  plan and the underlying goal of multiple use.

10         (3)  It is the intent of the Legislature that:

11         (a)  Existing off-highway-vehicle recreational areas,

12  facilities, and opportunities be improved and appropriately

13  expanded and be managed in a manner consistent with this

14  chapter, in particular to maintain natural resources and

15  sustained long-term use of off-highway-vehicle trails and

16  areas.

17         (b)  New off-highway-vehicle recreational areas,

18  facilities, and opportunities be provided and managed pursuant

19  to this chapter in a manner that will sustain both long-term

20  use and the environment.

21         (c)  Nothing contained within this act shall be

22  construed to require the construction or maintenance of

23  off-highway-vehicle recreation areas, facilities, or trails on

24  public lands where such construction or maintenance would be

25  inconsistent with the property's management objectives or land

26  management plan.

27         261.03  Definitions.--As used in this chapter, the

28  term:

29         (1)  "Advisory committee" means the Off-Highway-Vehicle

30  Recreation Advisory Committee created by s. 261.04.

31

                                  3

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (2)  "ATV" means any motorized off-highway or

  2  all-terrain vehicle 50 inches or less in width, having a dry

  3  weight of 900 pounds or less, designed to travel on three or

  4  more low-pressure tires, having a seat designed to be

  5  straddled by the operator and handlebars for steering control,

  6  and intended for use by a single operator with no passenger.

  7         (3)  "Department" means the Department of Agriculture

  8  and Consumer Services.

  9         (4)  "Division" means the Division of Forestry of the

10  Department of Agriculture and Consumer Services.

11         (5)  "OHM" or "off-highway motorcycle" means any motor

12  vehicle used off the roads or highways of this state which has

13  a seat or saddle for the use of the rider and is designed to

14  travel with not more than two wheels in contact with the

15  ground, but excludes a tractor or a moped.

16         (6)  "Off-highway vehicle" means any ATV or OHM used

17  off the roads or highways of this state for recreational

18  purposes, and which is not registered and licensed for highway

19  use under chapter 320.

20         (7)  "Program" means the Off-Highway Vehicle Recreation

21  Program.

22         (8)  "Public lands" means lands within the State of

23  Florida which are available for public use and which are

24  owned, operated or managed by a federal, state, county or

25  municipal governmental entity.

26         (9)  "System" means the off-highway-vehicle recreation

27  areas and trails on public lands within the state.

28         (10)  "Trust fund" means the Incidental Trust Fund of

29  the Division of Forestry, Department of Agriculture and

30  Consumer Services.

31

                                  4

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         261.04  Creation of the Off-Highway-Vehicle Recreation

  2  Advisory Committee; members; appointment.--

  3         (1)  The Off-Highway-Vehicle Recreation Advisory

  4  Committee is created within the Division of Forestry and

  5  consists of nine members, all of whom are appointed by the

  6  Commissioner of Agriculture. The appointees shall include one

  7  representative of the Department of Agriculture and Consumer

  8  Services, one representative of the Department of Highway

  9  Safety and Motor Vehicles, one representative of the

10  Department of Environmental Protection's Office of Greenways

11  and Trails, one representative of the Fish and Wildlife

12  Conservation Commission, one citizen with scientific expertise

13  in disciplines relating to ecology, wildlife biology, or other

14  environmental sciences, one representative of a licensed

15  off-highway-vehicle dealer, and three representatives of

16  off-highway-vehicle recreation groups. In making these

17  appointments, the commissioner shall consider the places of

18  residence of the members to ensure statewide representation.

19         (2)  The term of office of each member of the advisory

20  committee is 2 years. The members first appointed shall

21  classify themselves by lot so that the terms of four members

22  expire June 30, 2003, and the terms of five members expire

23  June 30, 2004.

24         (3)  In case of a vacancy on the committee, the

25  commissioner shall appoint a successor member for the

26  unexpired portion of the term.

27         (4)  The members shall elect a chair among themselves

28  who shall serve for 1 year or until a successor is elected.

29         (5)  The members shall not receive a salary; however,

30  they shall be entitled to be reimbursed for the actual and

31

                                  5

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  necessary expenses incurred in the performance of their

  2  duties.

  3         261.05  Duties and responsibilities of the

  4  Off-Highway-Vehicle Recreation Advisory Committee.--

  5         (1)  The advisory committee shall establish policies to

  6  guide the department regarding the off-highway-vehicle

  7  recreational program and the system of off-highway-vehicle

  8  recreation areas and trails.

  9         (2)  The advisory committee shall make recommendations

10  to the department regarding off-highway-vehicle safety and

11  training and education programs in the operation of such

12  vehicles.

13         (3)  The advisory committee must be informed regarding

14  all governmental activities affecting the program.

15         (4)  The advisory committee must be informed regarding

16  off-highway-vehicle impacts and effects on the environment,

17  wildlife habitats, and native flora and fauna, and shall make

18  recommendations to avoid or minimize adverse environmental

19  impacts and promote sustained long-term use.

20         (5)  The advisory committee must be fully informed

21  regarding the inventory of off-highway-vehicle access and

22  opportunities. 

23         (6)  The advisory committee shall meet at various times

24  and locations throughout the state to receive public comments

25  on the implementation of the program and shall take these

26  public comments into consideration when making its

27  recommendations.

28         (7)  The advisory committee shall review and make

29  recommendations annually regarding the department's proposed

30  budget of expenditures from the designated off-highway-vehicle

31

                                  6

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  funds in the trust fund, which may include providing funds to

  2  match grant funds available from other sources.

  3         (8)  The advisory committee shall make recommendations

  4  regarding all capital outlay expenditures from the trust fund

  5  proposed for inclusion in the budget.

  6         (9)  The advisory committee shall review grant

  7  applications submitted by any governmental agency or entity,

  8  or non-governmental entity, requesting moneys from the trust

  9  fund to create, operate, manage, or improve

10  off-highway-vehicle recreation areas or trails within the

11  state, protect and restore affected natural areas in the

12  system, or provide off-highway-vehicle driver education. The

13  advisory committee shall recommend to the department approval

14  or denial of such grant applications based upon criteria

15  established by the advisory committee.

16         261.06  Functions, duties, and responsibilities of the

17  department.--The following are functions, duties, and

18  responsibilities of the department through the division:

19         (1)  Coordination of the planning, development,

20  conservation, and rehabilitation of state lands in and for the

21  system.

22         (2)  Coordination of the management, maintenance,

23  administration, and operation of state lands in the system,

24  and the provision of law enforcement and appropriate public

25  safety activities.

26         (3)  Management of the trust fund and approval of the

27  advisory committee's budget recommendations.

28         (4)  Implementation of the program, including the

29  ultimate approval of grant applications submitted by

30  governmental agencies or entities or non-governmental

31  entities.

                                  7

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (5)  Coordination to help ensure compliance with

  2  environmental laws and regulations of the program and lands in

  3  the system.

  4         (6)  The implementation of the policies established by

  5  the advisory committee.

  6         (7)  Provision of staff assistance to the advisory

  7  committee.

  8         (8)  Preparation of plans for lands in, or proposed to

  9  be included in, the system.

10         (9)  Conducting surveys and the preparation of studies

11  as are necessary or desirable for implementing the program.

12         (10)  Recruitment and utilization of volunteers to

13  further the program.

14         (11)  Rulemaking authority to implement the provisions

15  of ss. 261.01-261.10.

16         261.07  Publication and distribution of guidebook;

17  contents.--In consultation with the advisory committee, the

18  department shall publish a guidebook, including the text of

19  this chapter, other laws and regulations relating to the

20  program, and maps of areas and trails for the system. The

21  guidebook may include other public areas, trails, and

22  facilities for the use of off-highway vehicles. The guidebook

23  must include information regarding the responsibilities of

24  users of the system and must set forth pertinent laws, rules,

25  and regulations including particular provisions and other

26  information intended to prevent trespass and damage to public

27  or private property. The guidebook must be prepared at minimal

28  cost to facilitate the broadest possible distribution and must

29  be available for distribution no later than October 1, 2002.

30         261.08  Repair, maintenance, and rehabilitation of

31  areas, trails, and lands.--

                                  8

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (1)  The protection of public safety, the appropriate

  2  use of lands in the system, and the conservation of the

  3  environment, wildlife habitats, native wildlife, and native

  4  flora in the system are of the highest priority in the

  5  management of the system. Accordingly, the public land

  6  managing agency shall avoid or minimize adverse impacts to the

  7  environment, promptly repair and continuously maintain areas

  8  and trails, anticipate and prevent accelerated erosion, and

  9  rehabilitate lands to the extent damaged by

10  off-highway-vehicle use in accordance with the management

11  plans of the public land managing agency.

12         (2)  The public land managing agency shall monitor the

13  condition of soils and wildlife habitat in each area of the

14  system to determine whether there is compliance with

15  applicable environmental laws and regulations and take

16  appropriate action as necessary.

17         261.09  Contracts and agreements.--The public land

18  managing agency may contract with private persons or entities

19  and enter into cooperative agreements with other public

20  agencies for the care and maintenance of lands in the system,

21  including contracts for law enforcement services with public

22  agencies having law enforcement powers.

23         261.10  Criteria for recreation areas and

24  trails.--Publicly owned or operated off-highway-vehicle

25  recreation areas and trails shall be designated and maintained

26  for recreational travel by off-highway vehicles. These areas

27  and trails need not be generally suitable or maintained for

28  normal travel by conventional two-wheel-drive vehicles, and

29  should not be designated as recreational foot paths. State

30  off-highway-vehicle recreation areas and trails must be

31  selected and managed in accordance with this chapter.

                                  9

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         261.11  Penalties.--No off-highway vehicle may be

  2  operated upon the public roads, streets, or highways of this

  3  state. A violation of this section is a noncriminal traffic

  4  infraction, punishable as provided in chapter 318.

  5         261.12  Designated off-highway-vehicle funds within the

  6  Incidental Trust Fund of the Division of Forestry, Department

  7  of Agriculture and Consumer Services.--

  8         (1)  The designated off-highway-vehicle funds of the

  9  trust fund shall consist of deposits from the following

10  sources:

11         (a)  Fees paid to the Department of Highway Safety and

12  Motor Vehicles for the titling and registration of off-highway

13  vehicles;

14         (b)  Revenues and income from any other sources

15  required by law or as appropriated by the Legislature to be

16  deposited into the trust fund as designated

17  off-highway-vehicle funds;

18         (c)  Donations from private sources that are designated

19  as off-highway-vehicle funds;

20         (d)  Interest earned on designated off-highway-vehicle

21  funds on deposit in the trust fund.

22         (2)  Designated off-highway-vehicle funds in the trust

23  fund shall be available for recommended allocation by the

24  Off-Highway-Vehicle Recreation Advisory Committee and the

25  Department of Agriculture and Consumer Services and upon

26  annual appropriation by the Legislature, exclusively for the

27  following:

28         (a)  Implementation of the Off-Highway-Vehicle

29  Recreation Program by the Department of Agriculture and

30  Consumer Services, which includes personnel and other related

31  expenses; administrative and operating expenses; expenses

                                  10

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  related to safety, training, rider-education programs,

  2  management, maintenance, and rehabilitation of lands in the

  3  Off-Highway-Vehicle Recreation Program's system of lands and

  4  trails; and, if funds are available, acquisition of lands to

  5  be included in the system and the management, maintenance, and

  6  rehabilitation of such lands.

  7         (b)  Approved grants to governmental agencies or

  8  entities or nongovernmental entities that wish to provide or

  9  improve off-highway-vehicle recreation areas or trails for

10  public use on public lands, provide environmental protection

11  and restoration to affected natural areas in the system, or

12  provide education in the operation of off-highway vehicles.

13         (c)  Matching funds to be used to match grant funds

14  available from other sources.

15          (3)  Notwithstanding s. 216.301 and pursuant to s.

16  216.351, any balance of designated off-highway-vehicle funds

17  in the trust fund at the end of any fiscal year shall remain

18  therein and shall be available for the purposes set out in

19  this section and as otherwise provided by law.

20         Section 2.  Section 316.2074, Florida Statutes, is

21  amended to read:

22         316.2074  All-terrain vehicles.--

23         (1)  It is the intent of the Legislature, through the

24  adoption of this section to provide safety protection for

25  minors while operating an all-terrain vehicle in this state.

26         (2)  As used in this section, the term "all-terrain

27  vehicle" means any motorized off-highway vehicle 50 inches

28  (1270 mm) or less in width, having a dry weight of 900 600

29  pounds (273 kg) or less, designed to travel traveling on three

30  or more low-pressure tires, designed for operator use only

31  with no passengers, having a seat or saddle designed to be

                                  11

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  straddled by the operator, and having handlebars for steering

  2  control, and intended for use by a single operator with no

  3  passenger.

  4         (3)  No person under 16 years of age shall operate,

  5  ride, or be otherwise propelled on an all-terrain vehicle

  6  unless the person wears a safety helmet meeting United States

  7  Department of Transportation standards and eye protection.

  8         (4)  If a crash results in the death of any person or

  9  in the injury of any person which results in treatment of the

10  person by a physician, the operator of each all-terrain

11  vehicle involved in the crash shall give notice of the crash

12  pursuant to s. 316.066.

13         (5)  Except as provided in this section, an all-terrain

14  vehicle may not be operated upon the public roads, streets, or

15  highways of this state.

16         (6)(5)  An all-terrain vehicle having four wheels may

17  be used by police officers on public beaches designated as

18  public roadways for the purpose of enforcing the traffic laws

19  of the state. All-terrain vehicles may also be used by the

20  police to travel on public roadways within 5 miles of beach

21  access only when getting to and from the beach.

22         (7)(6)  A violation of this section is a noncriminal

23  traffic infraction, punishable as a nonmoving violation as

24  provided in chapter 318.

25         Section 3.  Short title.--Sections 3 through 20 of this

26  act may be cited as the "Florida Off-Highway-Vehicle Titling

27  and Registration Act."

28         Section 4.  Legislative intent.--It is the

29  Legislature's intent that all off-highway vehicles purchased

30  after the effective date of this act and all off-highway

31  vehicles operated on public lands be titled and issued a

                                  12

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  certificate of title to allow for easy determination of

  2  ownership. It is also the Legislature's intent that all

  3  off-highway vehicles that are operated on public lands be

  4  registered and issued a registration decal containing a

  5  registration identification number to provide funding for the

  6  creation, management, and maintenance of off-highway-vehicle

  7  recreation areas and trails, and their associated natural

  8  resources, within the state. Finally, it is the Legislature's

  9  intent that all off-highway vehicles owned by non-Florida

10  residents shall be exempt from the titling and registration

11  requirements of this act, and that all off-highway vehicles

12  owned by governmental entities shall be exempt from the

13  titling and registration fees imposed by this act with the

14  exception of the applicable fees as set forth in this act

15  which are necessary to cover the administrative costs of the

16  department and the service fees of the county tax collectors.

17  However, all applicable laws, rules, and regulations governing

18  off-highway-vehicle use and operation established by the

19  applicable public land managing agencies shall apply to all

20  off-highway-vehicle users, including users that are

21  non-Florida residents and governmental entities.

22         Section 5.  Definitions.--As used in sections 3 through

23  20, the term:

24         (1)  "ATV" means any motorized off-highway or

25  all-terrain vehicle 50 inches or less in width, having a dry

26  weight of 900 pounds or less, designed to travel on three or

27  more low-pressure tires, having a seat designed to be

28  straddled by the operator and handlebars for steering control,

29  and intended for use by a single operator and with no

30  passenger.

31

                                  13

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (2)  "Dealer" means any person authorized by the

  2  Department of Revenue to buy, sell, resell, or otherwise

  3  distribute off-highway vehicles. Such person must have a valid

  4  sales tax certificate of registration issued by the Department

  5  of Revenue and a valid commercial or occupational license

  6  required by any county, municipality, or political subdivision

  7  of the state in which the person operates.

  8         (3)  "Department" means the Department of Highway

  9  Safety and Motor Vehicles.

10         (4)  "Florida resident" means a person who has had a

11  principal place of domicile in this state for a period of more

12  than 6 consecutive months, who has registered to vote in this

13  state, who has made a statement of domicile pursuant to

14  section 222.17, Florida Statutes, or who has filed for

15  homestead tax exemption on property in this state.

16         (5)  "OHM" or "off-highway motorcycle" means any motor

17  vehicle used off the roads or highways of this state which has

18  a seat or saddle for the use of the rider and is designed to

19  travel with not more than two wheels in contact with the

20  ground, but excludes a tractor or a moped.

21         (6)  "Off-highway vehicle" means any ATV or OHM used

22  off the roads or highways of this state for recreational

23  purposes which is not registered and licensed for highway use

24  pursuant to chapter 320.

25         (7)  "Owner" means a person, other than a lienholder,

26  having the property in or title to an off-highway vehicle,

27  including a person entitled to the use or possession of an

28  off-highway vehicle subject to an interest held by another

29  person, reserved or created by agreement and securing payment

30  of performance of an obligation, but the term excludes a

31  lessee under a lease not intended as security.

                                  14

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (8)  "Public lands" means lands within the state of

  2  Florida which are available for public use and which are

  3  owned, operated, or managed by a federal, state, county or

  4  municipal governmental entity.

  5         Section 6.  Administration of off-highway-vehicle

  6  titling and registration laws; records.--

  7         (1)  The administration of off-highway-vehicle titling

  8  and registration laws in sections 3 through 20 is under the

  9  Department of Highway Safety and Motor Vehicles, which shall

10  provide for the issuing, handling, and recording of all

11  off-highway-vehicle titling and registration applications and

12  certificates, including the receipt and accounting of

13  off-highway-vehicle titling and registration fees.

14         (2)  The department shall keep records and perform

15  other clerical duties pertaining to off-highway-vehicle

16  titling and registration as required.

17         Section 7.  Rules, forms, and notices.--

18         (1)  The department may adopt rules under section

19  120.536(1), Florida Statutes, and section 120.54, Florida

20  Statutes, which pertain to off-highway-vehicle titling and

21  registration, to implement the provisions of sections 3

22  through 20 conferring duties upon it.

23         (2)  The department shall prescribe and provide

24  suitable forms for applications and other notices and forms

25  necessary to administer the provisions of sections 3 through

26  20.

27         Section 8.  Certificate of title required.--

28         (1)  Any off-highway vehicle that is purchased by a

29  resident of this state after the effective date of this act or

30  which is owned by a resident and is operated on the public

31

                                  15

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  lands of this state must be titled pursuant to sections 3

  2  through 20.

  3         (2)  A person may not sell, assign, or transfer an

  4  off-highway vehicle titled by the state without delivering to

  5  the purchaser or transferee a valid certificate of title with

  6  an assignment on it showing the transfer of title to the

  7  purchaser or transferee. A person may not purchase or

  8  otherwise acquire an off-highway vehicle required to be titled

  9  without obtaining a certificate of title for the vehicle in

10  his or her name. The purchaser or transferee shall, within 30

11  days after a change in off-highway-vehicle ownership, file an

12  application for a title transfer with the county tax

13  collector. An additional $10 fee shall be charged against a

14  purchaser or transferee who files a title transfer application

15  after the 30-day period. The county tax collector may retain

16  $5 of the additional amount.

17         (3)  A certificate of title is prima facie evidence of

18  the ownership of the off-highway vehicle and is good for the

19  life of the off-highway vehicle so long as the certificate is

20  owned or held by the legal holder. If a titled off-highway

21  vehicle is destroyed or abandoned, the owner, with the consent

22  of any recorded lienholders, shall, within 30 days after the

23  destruction or abandonment, surrender to the department all

24  title documents for cancellation.

25         (4)  The department shall provide labeled places on the

26  title where the seller's price shall be indicated when an

27  off-highway vehicle is sold and where a selling dealer shall

28  record his or her valid sales tax certificate of registration

29  number.

30         (5)(a)  There shall be a service charge of $4.25 for

31  each application that is handled in connection with the

                                  16

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  issuance, duplication, or transfer of any certificate of

  2  title.  There shall be a service charge of $1.25 for each

  3  application that is handled in connection with the recordation

  4  or notation of a lien on an off-highway vehicle which is not

  5  in connection with the purchase of such vehicle.

  6         (b)  The service charges specified in paragraph (a)

  7  shall be collected by the department on any application

  8  handled directly from its office.  Otherwise, these service

  9  charges shall be collected and retained by the tax collector

10  who handles the application.

11         (c)  In addition to the fees provided in paragraph (a),

12  any tax collector may impose an additional service charge of

13  not more than 50 cents on any transaction specified in

14  paragraph (a) or on any transaction specified in section 17,

15  subsection (2), when such transaction occurs at any tax

16  collector's branch office.

17         Section 9.  Application for and issuance of certificate

18  of title.--

19         (1)  The owner of an off-highway vehicle that is

20  required to be titled must apply to the county tax collector

21  for a certificate of title. The application must include the

22  true name of the owner, the residence or business address of

23  the owner, and a complete description of the vehicle. The

24  application must be signed by the owner and must be

25  accompanied by a fee of $29.

26         (2)  The owner must establish by submitting with the

27  application an executed bill of sale, a manufacturer's

28  statement of origin, an affidavit of ownership for off-highway

29  vehicles purchased before the effective date of this act, or

30  any other document acceptable to the department.

31

                                  17

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (3)  To apply for a title upon transfer of ownership of

  2  an off-highway vehicle, the new owner must surrender to the

  3  department the last title document issued for that vehicle.

  4  The document must be properly executed. Proper execution

  5  includes the previous owner's signature and certification that

  6  the off-highway vehicle to be transferred is debt-free or is

  7  subject to a lien. If a lien exists, the previous owner must

  8  furnish the new owner, on forms supplied by the department,

  9  the names and addresses of all lienholders and the dates of

10  all liens, with a statement from each lienholder that the

11  lienholder has knowledge of and consents to the transfer of

12  title to the new owner.

13         (4)  An application for an initial title or a title

14  transfer must include payment of the applicable state sales

15  tax or proof of payment of such tax, except for off-highway

16  vehicles purchased or transferred before the effective date of

17  this act.

18         (5)  If the owner submits a complete application and

19  complies with all of the other requirements of this section,

20  the department shall issue a certificate of title that states

21  that the title is for an off-highway vehicle that is not

22  suitable for highway use. After October 1, 2002, the

23  department shall also issue a copy of the guidebook prepared

24  by the Department of Agriculture and Consumer Services,

25  pursuant to s. 261.07, F.S.

26         Section 10.  Duplicate certificate of title.--

27         (1)  The department may issue a duplicate certificate

28  of title upon application by the person entitled to hold such

29  a certificate if the department is satisfied that the original

30  certificate has been lost, destroyed, or mutilated. A fee of

31  $15 shall be charged for issuing a duplicate certificate.

                                  18

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (2)  In addition to the fee imposed by subsection (1),

  2  a fee of $7 shall be charged for expedited service in issuing

  3  a duplicate certificate of title. Application for such

  4  expedited service may be made by mail or in person. The

  5  department shall issue each certificate of title applied for

  6  under this subsection within 5 working days after receipt of a

  7  proper application or shall refund the additional $7 fee upon

  8  written request by the applicant.

  9         (3)  If, following the issuance of an original,

10  duplicate, or corrected certificate of title by the

11  department, the certificate is lost in transit and is not

12  delivered to the addressee, the owner of the off-highway

13  vehicle or the holder of a lien thereon may, within 180 days

14  after the date of issuance of the title, apply to the

15  department for reissuance of the certificate of title. An

16  additional fee may not be charged for reissuance under this

17  subsection.

18         (4)  The department shall implement a system to verify

19  that the application is signed by a person authorized to

20  receive a duplicate title certificate under this section if

21  the address shown on the application is different from the

22  address shown for the applicant on the records of the

23  department.

24         Section 11.  Manufacturer's statement of origin to be

25  furnished.--

26         (1)  Any person selling a new off-highway vehicle in

27  this state must furnish a manufacturer's statement of origin

28  to the purchaser. The statement, which must be in English or

29  accompanied by an English translation if the vehicle was

30  purchased outside the United States, must be signed and dated

31  by an authorized representative of the manufacturer, indicate

                                  19

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  the complete name and address of the purchaser, include a

  2  complete description of the vehicle, and contain as many

  3  assignments as necessary to show title in the name of the

  4  purchaser.

  5         (2)  It is unlawful for an off-highway-vehicle

  6  manufacturer, manufacturer's representative, or dealer to

  7  issue a manufacturer's certificate of origin describing an

  8  off-highway vehicle with the knowledge that the description is

  9  false or that the off-highway vehicle described does not

10  exist. It is unlawful for any person to obtain or attempt to

11  obtain a certificate of origin with the knowledge that the

12  description is false or that the off-highway vehicle does not

13  exist. Any person who violates this subsection is guilty of a

14  felony of the third degree, punishable as provided in section

15  775.082, section 775.083, or section 775.084, Florida

16  Statutes.

17         Section 12.  Registration required.--

18         (1)  Off-highway vehicles operated on public lands of

19  this state, with the exception of off-highway vehicles owned

20  by non-Florida residents, must be registered within 30 days

21  after purchase.

22         (2)  Nothing in this act prohibits the owner, operator,

23  or manager of public lands containing improved and maintained

24  off-highway-vehicle recreation areas or trails from charging

25  an entrance or admission fee for the use of such lands to help

26  offset the cost of operation and maintenance of such

27  off-highway-vehicle facilities. 

28         Section 13.  Application for and issuance of

29  certificate of registration, registration number, and decal.--

30

31

                                  20

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (1)  The owner of each off-highway vehicle that

  2  requires registration in this state must file a registration

  3  application with the county tax collector.

  4         (a)  The application must provide the owner's name and

  5  address, residency status, a Florida identification card

  6  number such as a driver's license number, and a complete

  7  description of the vehicle to be registered, and must be

  8  accompanied by a fee of $25.

  9         (b)  Proof of ownership must be established by

10  presenting a title for the off-highway vehicle.

11         (2)  The department shall issue a certificate of

12  registration and a registration number upon submittal of a

13  complete application and compliance with the other

14  requirements of this section. The certificate of registration

15  does not constitute a license.

16         (3)  The department shall furnish with each

17  registration certificate issued a decal signifying the years

18  during which the certificate is valid and containing the

19  assigned registration number, and such decal must be affixed

20  to the rear of the off-highway vehicle.

21         Section 14.  Registration period and reregistration by

22  mail.--

23         (1)  An off-highway-vehicle certificate of registration

24  is valid through the owner's next birthday. If the owner's

25  birthday falls within the first 3 months after issuance of the

26  certificate of registration, the certificate is valid through

27  the owner's following birthday. However, a certificate of

28  registration may not be valid for more than 15 months.

29         (2)  The department shall provide for annual

30  reregistration of off-highway vehicles either in person at the

31  county tax collector's office or by mail.

                                  21

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         Section 15.  Change of interest and address.--

  2         (1)  The owner must furnish to the department notice of

  3  the transfer of any whole or partial interest in an

  4  off-highway vehicle registered or titled in this state or of

  5  the destruction or abandonment of such vehicle within 30 days

  6  thereof. The certificate expires upon such transfer,

  7  destruction, or abandonment, unless the transfer of a partial

  8  interest does not affect the owner's right to operate the

  9  vehicle.

10         (2)  Any holder of a certificate of registration must

11  notify the department or the county tax collector within 30

12  days after a change of address to one other than the address

13  on the certificate and must furnish the department or the

14  county tax collector with the new address. The department may

15  provide by rule for the surrender of the certificate bearing

16  the former address and for its replacement with a new

17  certificate bearing the new address or for the alteration of a

18  certificate to include the new address of the holder.

19         Section 16.  Duplicate registration certificate or

20  decal, service fees.--

21         (1)  A duplicate off-highway-vehicle registration

22  certificate or decal to replace a lost or misplaced

23  certificate or decal may be obtained from the county tax

24  collector for $10. A duplicate certificate or decal may not be

25  issued except upon written request of the registered owner or

26  a person authorized by the owner.

27         (2)  Included in the registration fee for off-highway

28  vehicles is a $2.50 service fee to be retained by the county

29  tax collector for each registration certificate or decal

30  issued, replaced, or renewed. The remainder of the fees

31

                                  22

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  collected by the county tax collector shall be remitted to the

  2  department.

  3         (3)  A mail service charge may be collected for each

  4  registration or reregistration mailed by the department or any

  5  tax collector. All registrations and reregistrations must be

  6  mailed by first-class mail. The amount of mail service charge

  7  must be the actual postage required rounded to the nearest 5

  8  cents, plus a 25-cent handling charge. The mail service charge

  9  is in addition to the registration fee in section 14.

10         Section 17.  Disposition of fees.--The department shall

11  deposit all funds received under sections 3 through 20, less

12  administrative costs of $2 per title transaction and $2 per

13  registration transaction, into the Incidental Trust Fund of

14  the Division of Forestry, Department of Agriculture and

15  Consumer Services.

16         Section 18.  Refusal to issue and authority to cancel a

17  certificate of title or registration.--

18         (1)  If the department finds that an applicant for an

19  off-highway-vehicle certificate of title or registration has

20  given a false statement or false or incomplete information in

21  applying for the certificate or has otherwise failed to comply

22  with the applicable provisions pertaining to the application

23  for a certificate, it may refuse to issue the certificate.

24         (2)  If the department finds that an owner or dealer

25  named in an off-highway-vehicle certificate of title or

26  registration has given a false statement or false or

27  incomplete information in applying for the certificate or has

28  otherwise failed to comply with the applicable provisions

29  pertaining to the application for a certificate, it may cancel

30  the certificate.

31

                                  23

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (3)  The department may cancel any pending application

  2  or any certificate if it finds that any title or registration

  3  fee or sales tax pertaining to such registration has not been

  4  paid, unless the fee or tax is paid within a reasonable time

  5  after the department has given notice.

  6         Section 19.  Crimes relating to certificates of title

  7  and registration decals; penalties.--

  8         (1)  It is unlawful for any person to procure or

  9  attempt to procure a certificate of title or duplicate

10  certificate of title to an off-highway vehicle, or to pass or

11  attempt to pass a certificate of title or duplicate

12  certificate of title to an off-highway vehicle or any

13  assignment thereof, if such person knows or has reason to

14  believe that the vehicle has been stolen. Any person who

15  violates this subsection is guilty of a felony of the third

16  degree, punishable as provided in section 775.082, section

17  775.083, or section 775.084, Florida Statutes.

18         (2)  It is unlawful for any person, knowingly and with

19  intent to defraud, to have in his or her possession, sell,

20  offer to sell, counterfeit, or supply a blank, forged,

21  fictitious, counterfeit, stolen, or fraudulently or unlawfully

22  obtained certificate of title, duplicate certificate of title,

23  registration, bill of sale, or other indicia of ownership of

24  an off-highway vehicle or to conspire to do any of the

25  foregoing. Any person who violates this subsection is guilty

26  of a felony of the third degree, punishable as provided in

27  section 775.082, section 775.083, or section 775.084, Florida

28  Statutes.

29         (3)  It is unlawful:

30

31

                                  24

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         (a)  To alter or forge any certificate of title to an

  2  off-highway vehicle or any assignment thereof or any

  3  cancellation of any lien on an off-highway vehicle.

  4         (b)  To retain or use such certificate, assignment, or

  5  cancellation knowing that it has been altered or forged.

  6         (c)  To use a false or fictitious name, give a false or

  7  fictitious address, or make any false statement in any

  8  application or affidavit required by sections 4 through 21 or

  9  in a bill of sale or sworn statement of ownership or otherwise

10  commit a fraud in any application.

11         (d)  To knowingly obtain goods, services, credit, or

12  money by means of an invalid, duplicate, fictitious, forged,

13  counterfeit, stolen, or unlawfully obtained certificate of

14  title, registration, bill of sale, or other indicia of

15  ownership of an off-highway vehicle.

16         (e)  To knowingly obtain goods, services, credit, or

17  money by means of a certificate of title to an off-highway

18  vehicle which certificate is required by law to be surrendered

19  to the department. Any person who violates this subsection is

20  guilty of a felony of the third degree, punishable as provided

21  in section 775.082, section 775.083, or section 775.084,

22  Florida Statutes. A violation of this subsection with respect

23  to any off-highway vehicle makes such off-highway-vehicle

24  contraband which may be seized by a law enforcement agency and

25  forfeited under sections 932.701-932.704, Florida Statutes.

26         (4)  It is unlawful for any person:

27         (a)  To make, alter, forge, counterfeit, or reproduce

28  an off-highway-vehicle registration decal unless authorized by

29  the department.

30         (b)  To knowingly have in his or her possession a

31  forged, counterfeit, or imitation off-highway-vehicle

                                  25

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1  registration decal, or reproduction of a decal, unless such

  2  possession has been authorized by the department.

  3         (c)  To barter, trade, sell, supply, agree to supply,

  4  aid in supplying, or give away an off-highway-vehicle

  5  registration decal or to conspire to barter, trade, sell,

  6  supply, agree to supply, aid in supplying, or give away an

  7  off-highway-vehicle registration decal, unless authorized by

  8  the department. Any person who violates this subsection is

  9  guilty of a felony of the third degree, punishable as provided

10  in section 775.082, section 775.083, or section 775.084,

11  Florida Statutes.

12         Section 20.  Noncriminal infractions, penalties.--Any

13  person who fails to comply with any provision of sections 4

14  through 21 for which a greater penalty is not otherwise

15  provided is guilty of a misdemeanor of the second degree,

16  punishable as provided in section 775.082 or section 775.083,

17  Florida Statutes.

18         Section 21.  Subsection (1) of section 375.315, Florida

19  Statutes, is amended to read:

20         375.315  Registration of off-road vehicles.--

21         (1)  Any off-road vehicle operated upon public lands,

22  and not registered or licensed under s. 320.02 or s. 320.06,

23  and not otherwise required to be registered pursuant to the

24  Florida Off-Highway-Vehicle Titling and Registration Act must

25  be registered as provided in this section.

26         Section 22.  There is appropriated to the Department of

27  Agriculture and Consumer Services from the designated

28  off-highway-vehicle funds in the Incidental Trust Fund of the

29  Division of Forestry, Department of Agriculture and Consumer

30  Services, for fiscal year 2001-2002, one position and $156,660

31  to carry out the provisions of this act.

                                  26

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






    Florida Senate - 2001                            CS for SB 738
    306-1597-01




  1         Section 23.  This act shall take effect October 1,

  2  2001.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                              SB 738

  6

  7  This CS creates the "Florida Off-Highway-Vehicle Safety and
    Recreation Act", which provides for the expanded, managed use
  8  of off-highway vehicles on public lands. The CS would provide
    a system of state-owned off-highway-vehicle recreation areas
  9  and trails within Florida, funded through moneys generated
    from the titling and registering of certain off-highway
10  vehicles.  The CS provides all off-highway vehicles in the
    state, purchased after the effective date of this CS, or which
11  are used on public lands, must be titled, and all off-highway
    vehicles in the state, which are used on public lands must be
12  registered. This CS provides all off-highway-vehicles
    purchased by a resident of Florida after the effective date of
13  this act or which are operated on public lands must be titled
    ($29 fee) and registered ($25 fee.)
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  27

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