Senate Bill sb0738c2

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    Florida Senate - 2001                     CS for CS for SB 738

    By the Committees on Agriculture and Consumer Services;
    Transportation; and Senator King




    303-1742-01

  1                      A bill to be entitled

  2         An act relating to off-highway vehicles;

  3         creating ch. 261, F.S.; creating the T. Mark

  4         Schmidt Off-Highway-Vehicle Safety and

  5         Recreation Act; providing legislative intent;

  6         providing definitions; creating the T. Mark

  7         Schmidt Off-Highway-Vehicle Recreation Advisory

  8         Committee; providing duties and

  9         responsibilities; providing for duties and

10         responsibilities of the Department of

11         Agriculture and Consumer Services; providing

12         for rulemaking authority; providing for the

13         publication and distribution of a guidebook;

14         providing for the repair, maintenance, and

15         rehabilitation of areas, trails, and lands;

16         providing for contracts and agreements;

17         providing criteria for recreation areas and

18         trails; providing for the use of designated

19         off-highway-vehicle funds within the Incidental

20         Trust Fund of the Division of Forestry,

21         Department of Agriculture and Consumer

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

23         the definition of the term "all-terrain

24         vehicle"; prohibiting the use of all-terrain

25         vehicles on public roadways in the state;

26         creating the Florida Off-Highway-Vehicle

27         Titling and Registration Act; providing

28         legislative intent; providing definitions;

29         providing for administration by the Department

30         of Highway Safety and Motor Vehicles; providing

31         for rules, forms, and notices; requiring

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  1         certificates of title; providing for

  2         application for and issuance of certificates of

  3         title; providing for duplicate certificates of

  4         title; requiring the furnishing of a

  5         manufacturer's statement of origin; requiring

  6         registration; providing for application for and

  7         issuance of certificate of registration,

  8         registration number, and decal; providing for

  9         the registration period and for reregistration

10         by mail; providing for change of interest and

11         address; providing for duplicate registration

12         certificate and decal; providing for fees;

13         providing for disposition of fees; providing

14         for refusal to issue and authority to cancel a

15         certificate of title or registration; providing

16         for crimes relating to certificates of title

17         and registration decals; providing penalties;

18         providing for noncriminal infractions;

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

20         relating to the registration of off-road

21         vehicles; providing an appropriation; providing

22         an effective date.

23

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

25

26         Section 1.  Chapter 261, Florida Statutes, consisting

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

28  261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida

29  Statutes, is created to read:

30

31

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  1         261.01  Short title.--This chapter may be cited as the

  2  "T. Mark Schmidt Off-Highway-Vehicle Safety and Recreation

  3  Act."

  4         261.02  Legislative intent.--

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

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

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

  8  minimize negative effects on the environment, wildlife

  9  habitats, native wildlife, and native flora.

10         (2)  The Legislature declares that effectively managed

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

12  vehicles are compatible with this state's overall recreation

13  plan and the underlying goal of multiple use.

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

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

16  facilities, and opportunities be improved and appropriately

17  expanded and be managed in a manner consistent with this

18  chapter, in particular to maintain natural resources and

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

20  areas.

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

22  facilities, and opportunities be provided and managed pursuant

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

24  use and the environment.

25         (c)  Nothing contained within this act shall be

26  construed to require the construction or maintenance of

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

28  public lands where such construction or maintenance would be

29  inconsistent with the property's management objectives or land

30  management plan.

31

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  1         261.03  Definitions.--As used in this chapter, the

  2  term:

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

  4  Recreation Advisory Committee created by s. 261.04.

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

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

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

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

  9  straddled by the operator and handlebars for steering control,

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

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

12  and Consumer Services.

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

14  Department of Agriculture and Consumer Services.

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

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

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

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

19  ground, but excludes a tractor or a moped.

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

21  off the roads or highways of this state for recreational

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

23  use under chapter 320.

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

25  Program.

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

27  Florida which are available for public use and which are

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

29  municipal governmental entity.

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

31  areas and trails on public lands within the state.

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

  2  the Division of Forestry, Department of Agriculture and

  3  Consumer Services.

  4         261.04  Creation of the Off-Highway-Vehicle Recreation

  5  Advisory Committee; members; appointment.--

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

  7  Committee is created within the Division of Forestry and

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

  9  Commissioner of Agriculture. The appointees shall include one

10  representative of the Department of Agriculture and Consumer

11  Services, one representative of the Department of Highway

12  Safety and Motor Vehicles, one representative of the

13  Department of Environmental Protection's Office of Greenways

14  and Trails, one representative of the Fish and Wildlife

15  Conservation Commission, one citizen with scientific expertise

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

17  environmental sciences, one representative of a licensed

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

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

20  appointments, the commissioner shall consider the places of

21  residence of the members to ensure statewide representation.

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

23  committee is 2 years. The members first appointed shall

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

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

26  June 30, 2004.

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

28  commissioner shall appoint a successor member for the

29  unexpired portion of the term.

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

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

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

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

  3  necessary expenses incurred in the performance of their

  4  duties.

  5         261.05  Duties and responsibilities of the

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

  7         (1)  The advisory committee shall establish policies to

  8  guide the department regarding the off-highway-vehicle

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

10  recreation areas and trails.

11         (2)  The advisory committee shall make recommendations

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

13  training and education programs in the operation of such

14  vehicles.

15         (3)  The advisory committee must be informed regarding

16  all governmental activities affecting the program.

17         (4)  The advisory committee must be informed regarding

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

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

20  recommendations to avoid or minimize adverse environmental

21  impacts and promote sustained long-term use.

22         (5)  The advisory committee must be fully informed

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

24  opportunities. 

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

26  and locations throughout the state to receive public comments

27  on the implementation of the program and shall take these

28  public comments into consideration when making its

29  recommendations.

30         (7)  The advisory committee shall review and make

31  recommendations annually regarding the department's proposed

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

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

  3  match grant funds available from other sources.

  4         (8)  The advisory committee shall make recommendations

  5  regarding all capital outlay expenditures from the trust fund

  6  proposed for inclusion in the budget.

  7         (9)  The advisory committee shall review grant

  8  applications submitted by any governmental agency or entity,

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

10  fund to create, operate, manage, or improve

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

12  state, protect and restore affected natural areas in the

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

14  advisory committee shall recommend to the department approval

15  or denial of such grant applications based upon criteria

16  established by the advisory committee.

17         261.06  Functions, duties, and responsibilities of the

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

19  responsibilities of the department through the division:

20         (1)  Coordination of the planning, development,

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

22  system.

23         (2)  Coordination of the management, maintenance,

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

25  and the provision of law enforcement and appropriate public

26  safety activities.

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

28  advisory committee's budget recommendations.

29         (4)  Implementation of the program, including the

30  ultimate approval of grant applications submitted by

31

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  1  governmental agencies or entities or non-governmental

  2  entities.

  3         (5)  Coordination to help ensure compliance with

  4  environmental laws and regulations of the program and lands in

  5  the system.

  6         (6)  The implementation of the policies established by

  7  the advisory committee.

  8         (7)  Provision of staff assistance to the advisory

  9  committee.

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

11  be included in, the system.

12         (9)  Conducting surveys and the preparation of studies

13  as are necessary or desirable for implementing the program.

14         (10)  Recruitment and utilization of volunteers to

15  further the program.

16         (11)  Rulemaking authority to implement the provisions

17  of ss. 261.01-261.10.

18         261.07  Publication and distribution of guidebook;

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

20  department shall publish a guidebook, including the text of

21  this chapter, other laws and regulations relating to the

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

23  guidebook may include other public areas, trails, and

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

25  must include information regarding the responsibilities of

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

27  and regulations including particular provisions and other

28  information intended to prevent trespass and damage to public

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

30  cost to facilitate the broadest possible distribution and must

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

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  1         261.08  Repair, maintenance, and rehabilitation of

  2  areas, trails, and lands.--

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

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

  5  environment, wildlife habitats, native wildlife, and native

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

  7  management of the system. Accordingly, the public land

  8  managing agency shall avoid or minimize adverse impacts to the

  9  environment, promptly repair and continuously maintain areas

10  and trails, anticipate and prevent accelerated erosion, and

11  rehabilitate lands to the extent damaged by

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

13  plans of the public land managing agency.

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

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

16  system to determine whether there is compliance with

17  applicable environmental laws and regulations and take

18  appropriate action as necessary.

19         261.09  Contracts and agreements.--The public land

20  managing agency may contract with private persons or entities

21  and enter into cooperative agreements with other public

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

23  including contracts for law enforcement services with public

24  agencies having law enforcement powers.

25         261.10  Criteria for recreation areas and

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

27  recreation areas and trails shall be designated and maintained

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

29  and trails need not be generally suitable or maintained for

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

31  should not be designated as recreational foot paths. State

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

  2  selected and managed in accordance with this chapter.

  3         261.11  Penalties.--No off-highway vehicle may be

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

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

  6  infraction, punishable as provided in chapter 318.

  7         261.12  Designated off-highway-vehicle funds within the

  8  Incidental Trust Fund of the Division of Forestry, Department

  9  of Agriculture and Consumer Services.--

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

11  trust fund shall consist of deposits from the following

12  sources:

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

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

15  vehicles;

16         (b)  Revenues and income from any other sources

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

18  deposited into the trust fund as designated

19  off-highway-vehicle funds;

20         (c)  Donations from private sources that are designated

21  as off-highway-vehicle funds;

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

23  funds on deposit in the trust fund.

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

25  fund shall be available for recommended allocation by the

26  Off-Highway-Vehicle Recreation Advisory Committee and the

27  Department of Agriculture and Consumer Services and upon

28  annual appropriation by the Legislature, exclusively for the

29  following:

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

31  Recreation Program by the Department of Agriculture and

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  1  Consumer Services, which includes personnel and other related

  2  expenses; administrative and operating expenses; expenses

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

  4  management, maintenance, and rehabilitation of lands in the

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

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

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

  8  rehabilitation of such lands.

  9         (b)  Approved grants to governmental agencies or

10  entities or nongovernmental entities that wish to provide or

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

12  public use on public lands, provide environmental protection

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

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

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

16  available from other sources.

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

18  216.351, any balance of designated off-highway-vehicle funds

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

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

21  this section and as otherwise provided by law.

22         Section 2.  Section 316.2074, Florida Statutes, is

23  amended to read:

24         316.2074  All-terrain vehicles.--

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

26  adoption of this section to provide safety protection for

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

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

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

30  (1270 mm) or less in width, having a dry weight of 900 600

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

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

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

  3  straddled by the operator, and having handlebars for steering

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

  5  passenger.

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

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

  8  unless the person wears a safety helmet meeting United States

  9  Department of Transportation standards and eye protection.

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

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

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

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

14  pursuant to s. 316.066.

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

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

17  highways of this state.

18         (6)(5)  An all-terrain vehicle having four wheels may

19  be used by police officers on public beaches designated as

20  public roadways for the purpose of enforcing the traffic laws

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

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

23  access only when getting to and from the beach.

24         (7)(6)  A violation of this section is a noncriminal

25  traffic infraction, punishable as a nonmoving violation as

26  provided in chapter 318.

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

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

29  and Registration Act."

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

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

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

  2  vehicles operated on public lands be titled and issued a

  3  certificate of title to allow for easy determination of

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

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

  6  registered and issued a registration decal containing a

  7  registration identification number to provide funding for the

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

  9  recreation areas and trails, and their associated natural

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

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

12  residents shall be exempt from the titling and registration

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

14  owned by governmental entities shall be exempt from the

15  titling and registration fees imposed by this act with the

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

17  which are necessary to cover the administrative costs of the

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

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

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

21  applicable public land managing agencies shall apply to all

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

23  non-Florida residents and governmental entities.

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

25  20, the term:

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

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

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

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

30  straddled by the operator and handlebars for steering control,

31

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

  2  passenger.

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

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

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

  6  sales tax certificate of registration issued by the Department

  7  of Revenue and a valid commercial or occupational license

  8  required by any county, municipality, or political subdivision

  9  of the state in which the person operates.

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

11  Safety and Motor Vehicles.

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

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

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

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

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

17  homestead tax exemption on property in this state.

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

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

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

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

22  ground, but excludes a tractor or a moped.

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

24  off the roads or highways of this state for recreational

25  purposes which is not registered and licensed for highway use

26  pursuant to chapter 320.

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

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

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

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

31  person, reserved or created by agreement and securing payment

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

  2  lessee under a lease not intended as security.

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

  4  Florida which are available for public use and which are

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

  6  municipal governmental entity.

  7         Section 6.  Administration of off-highway-vehicle

  8  titling and registration laws; records.--

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

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

11  Department of Highway Safety and Motor Vehicles, which shall

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

13  off-highway-vehicle titling and registration applications and

14  certificates, including the receipt and accounting of

15  off-highway-vehicle titling and registration fees.

16         (2)  The department shall keep records and perform

17  other clerical duties pertaining to off-highway-vehicle

18  titling and registration as required.

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

20         (1)  The department may adopt rules under section

21  120.536(1), Florida Statutes, and section 120.54, Florida

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

23  registration, to implement the provisions of sections 3

24  through 20 conferring duties upon it.

25         (2)  The department shall prescribe and provide

26  suitable forms for applications and other notices and forms

27  necessary to administer the provisions of sections 3 through

28  20.

29         Section 8.  Certificate of title required.--

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

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

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

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

  3  through 20.

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

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

  6  the purchaser or transferee a valid certificate of title with

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

  8  purchaser or transferee. A person may not purchase or

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

10  without obtaining a certificate of title for the vehicle in

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

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

13  application for a title transfer with the county tax

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

15  purchaser or transferee who files a title transfer application

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

17  $5 of the additional amount.

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

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

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

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

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

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

24  destruction or abandonment, surrender to the department all

25  title documents for cancellation.

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

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

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

29  record his or her valid sales tax certificate of registration

30  number.

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

  2  each application that is handled in connection with the

  3  issuance, duplication, or transfer of any certificate of

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

  5  application that is handled in connection with the recordation

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

  7  in connection with the purchase of such vehicle.

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

  9  shall be collected by the department on any application

10  handled directly from its office.  Otherwise, these service

11  charges shall be collected and retained by the tax collector

12  who handles the application.

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

14  any tax collector may impose an additional service charge of

15  not more than 50 cents on any transaction specified in

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

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

18  collector's branch office.

19         Section 9.  Application for and issuance of certificate

20  of title.--

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

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

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

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

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

26  application must be signed by the owner and must be

27  accompanied by a fee of $29.

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

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

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

31

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

  2  any other document acceptable to the department.

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

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

  5  department the last title document issued for that vehicle.

  6  The document must be properly executed. Proper execution

  7  includes the previous owner's signature and certification that

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

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

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

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

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

13  lienholder has knowledge of and consents to the transfer of

14  title to the new owner.

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

16  transfer must include payment of the applicable state sales

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

18  vehicles purchased or transferred before the effective date of

19  this act.

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

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

22  the department shall issue a certificate of title that states

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

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

25  department shall also issue a copy of the guidebook prepared

26  by the Department of Agriculture and Consumer Services,

27  pursuant to s. 261.07, F.S.

28         Section 10.  Duplicate certificate of title.--

29         (1)  The department may issue a duplicate certificate

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

31  a certificate if the department is satisfied that the original

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

  2  $15 shall be charged for issuing a duplicate certificate.

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

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

  5  a duplicate certificate of title. Application for such

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

  7  department shall issue each certificate of title applied for

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

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

10  written request by the applicant.

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

12  duplicate, or corrected certificate of title by the

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

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

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

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

17  department for reissuance of the certificate of title. An

18  additional fee may not be charged for reissuance under this

19  subsection.

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

21  that the application is signed by a person authorized to

22  receive a duplicate title certificate under this section if

23  the address shown on the application is different from the

24  address shown for the applicant on the records of the

25  department.

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

27  furnished.--

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

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

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

31  accompanied by an English translation if the vehicle was

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

  2  by an authorized representative of the manufacturer, indicate

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

  4  complete description of the vehicle, and contain as many

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

  6  purchaser.

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

  8  manufacturer, manufacturer's representative, or dealer to

  9  issue a manufacturer's certificate of origin describing an

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

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

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

13  obtain a certificate of origin with the knowledge that the

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

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

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

17  775.082, section 775.083, or section 775.084, Florida

18  Statutes.

19         Section 12.  Registration required.--

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

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

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

23  after purchase.

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

25  or manager of public lands containing improved and maintained

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

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

28  offset the cost of operation and maintenance of such

29  off-highway-vehicle facilities. 

30         Section 13.  Application for and issuance of

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

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  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.

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  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

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  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

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  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

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  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

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  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.  Nonmoving traffic violations.--Any person

13  who fails to comply with any provision of sections 3 through

14  20 for which a penalty is not otherwise provided is guilty of

15  a nonmoving traffic violation, punishable as provided in

16  section 318.18, Florida Statutes.

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

18  Statutes, is amended to read:

19         375.315  Registration of off-road vehicles.--

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

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

22  and not otherwise required to be registered pursuant to the

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

24  be registered as provided in this section.

25         Section 22.  There is appropriated to the Department of

26  Agriculture and Consumer Services from the designated

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

28  Division of Forestry, Department of Agriculture and Consumer

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

30  to carry out the provisions of this act.

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

  2  2001.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                      CS for Senate Bill 738

  6

  7  The Committee Substitute for Committee Substitute for Senate
    Bill 738 is different from Committee Substitute for Senate
  8  Bill 738 in that it:

  9        Changes the name of the Florida Off-Highway-Vehicle
          Safety and Recreation Act to the T. Mark Schmidt
10        Off-Highway-Vehicle Safety and Recreation Act. It also
          changes the penalty for violation of the Florida
11        Off-Highway-Vehicle Titling and Registration Act from a
          misdemeanor to a nonmoving traffic violation.
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