House Bill hb0807c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
By the Committee on Transportation and Representative
Gardiner
1 A bill to be entitled
2 An act relating to the Department of Highway
3 Safety and Motor Vehicles; amending s. 316.003,
4 F.S.; providing that certain vehicles of the
5 Department of Health are authorized emergency
6 vehicles; providing that a motorized scooter is
7 not a motor vehicle for traffic control
8 purposes; creating a definition of the term
9 motorized scooter; amending s. 316.06, F.S.;
10 authorizing the installation of multiparty stop
11 signs on certain roads; providing guidelines
12 for the installation of such signage; amending
13 s. 316.1951, F.S.; revising provisions related
14 to parking vehicles to display for sale;
15 amending s. 316.1975, F.S.; exempting operators
16 of solid waste and recovered materials vehicles
17 from provisions regarding unattended motor
18 vehicles; amending s. 316.2065, F.S.; providing
19 motorized scooter operating regulations;
20 amending s. 316.228, F.S.; requiring strobe
21 lights to be placed on the exterior of a
22 commercial vehicle transporting unprocessed
23 forest products extending more than 4 feet
24 beyond the rear of the vehicle; providing an
25 alternate method for placing strobe lights in
26 certain instances; requiring the use of a red
27 flag on the load; amending s. 316.2397, F.S.;
28 authorizing the emergency response vehicles of
29 the Department of Health to use red flashing
30 lights; amending s. 316.520, F.S.; clarifying
31 that a violation of a provision governing loads
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 on vehicles is a moving rather than a nonmoving
2 violation; amending s. 316.640, F.S.; revising
3 the powers and duties of traffic crash
4 investigation officers; amending s. 319.001,
5 F.S.; providing definitions; amending s.
6 319.14, F.S.; authorizing the Department of
7 Highway Safety and Motor Vehicles to place a
8 decal on a rebuilt vehicle so as to clarify its
9 identity; providing a penalty for the removal
10 of the decal; amending s. 319.23, F.S.;
11 conforming the requirements for the transfer of
12 ownership on an antique vehicle to that of any
13 other motor vehicle; amending s. 319.28, F.S.;
14 deleting the requirement that a copy of a
15 contract for processing an application for
16 title based on a contractual default be
17 provided; amending s. 319.30, F.S.; clarifying
18 the major component parts of a motor vehicle;
19 amending s. 320.01, F.S.; conforming the length
20 limitation for a motor home to that established
21 in chapter 316, F.S.; providing that a
22 motorized scooter is not a motor vehicle for
23 registration purposes; amending s. 320.023,
24 F.S.; conforming this section to the Florida
25 Single Audit Act; amending s. 320.025, F.S.;
26 conforming the vessel registration law to the
27 motor vehicle registration law; requiring a
28 decal to be affixed to a vessel that is
29 registered under a fictitious name and operated
30 by any law enforcement agency; amending s.
31 320.05, F.S.; conforming the vessel
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 registration law to the motor vehicle
2 registration law; providing instructions for
3 the release of information regarding a vessel
4 to the public; amending s. 320.055, F.S.;
5 correcting the registration period for
6 nonapportioned vehicles; amending s. 320.06,
7 F.S.; providing for the placement of only one
8 decal rather than two on a license plate;
9 amending s. 320.072, F.S.; reducing the
10 timeframe a registrant can use a previous
11 license plate for the initial registration fee
12 exemption; amending s. 320.0805, F.S.; reducing
13 the timeframe for a personalized license plate
14 to remain out of circulation prior to
15 reassignment; amending s. 320.08056, F.S.;
16 including two more colleges to the
17 discontinuance exemptions provided for
18 collegiate specialty license plates; amending
19 s. 320.08062, F.S.; conforming this section to
20 the Florida Single Audit Act; amending s.
21 320.083, F.S.; increasing the weight
22 restriction for a private-use vehicle so as to
23 be eligible to apply for the Amateur Radio
24 Operator specialty license plate; amending s.
25 320.089, F.S.; increasing the weight
26 restriction for a private-use vehicle so as to
27 be eligible to apply for the EX-POW or Purple
28 Heart specialty license plate; amending s.
29 320.18, F.S.; providing for cancellation of
30 license plates and fuel use tax decals for
31 failure to pay motor carrier weight and safety
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 violation penalties; amending s. 320.27, F.S.;
2 redefining the term "motor vehicle auction";
3 deleting the requirement for a licensee to have
4 the certificate of title or ownership indicia
5 in his or her possession at an auction;
6 deleting a requirement for establishing a
7 pattern of wrongdoing; revising requirements
8 for denial, suspension, or revocation of a
9 motor vehicle dealer license; amending s.
10 320.64, F.S.; providing additional grounds for
11 denial, suspension, or revocation of vehicle
12 manufacturer's license; amending s. 320.691,
13 F.S.; creating the Automobile Dealers Industry
14 Advisory Board; amending s. 322.01, F.S.;
15 providing that a motorized scooter is not a
16 motor vehicle for drivers' licensing purposes;
17 amending s. 322.05, F.S.; correcting a
18 statutory reference regarding the requirements
19 for an individual under 18 years of age to
20 apply for a driver's license; amending s.
21 322.081, F.S.; conforming this section to the
22 Florida Single Audit Act; amending s. 322.126,
23 F.S.; revising the requirements for reporting a
24 disability which could affect an individual's
25 ability to drive a motor vehicle; creating s.
26 322.222, F.S.; authorizing the Department of
27 Highway Safety and Motor Vehicles to hold a
28 hearing when an individual's driver's license
29 has been suspended or revoked due to medical
30 reasons; amending s. 322.25, F.S.; correcting a
31 cross reference; amending s. 322.2615, F.S.;
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 complying with the USDOT's drunk driving
2 prevention incentive program; reducing the
3 timeframe for a temporary permit that is
4 allotted when an individual is charged with
5 driving with an unlawful blood-alcohol level;
6 amending s. 322.27, F.S.; clarifying the time
7 period for a driver's license revocation of a
8 habitual traffic offender; amending s. 322.28,
9 F.S.; deleting obsolete language regarding the
10 revocation of a driver's license; repealing s.
11 322.282, F.S., relating to the procedure when
12 the court revokes or suspends license or
13 driving privilege and orders reinstatement;
14 amending s. 322.292, F.S.; adding the
15 requirement that DUI programs must be
16 governmental programs or not-for-profit
17 corporations; amending s. 322.61, F.S.;
18 complying with the Federal Motor Carrier Safety
19 Regulations; adding two more violations for
20 which a commercial motor vehicle may be
21 disqualified of driving privileges; amending s.
22 322.64, F.S.; reducing the timeframe for a
23 temporary permit allotted when an individual
24 holding a commercial driver's license is
25 charged with an unlawful blood-alcohol level;
26 repealing s. 322.331, F.S., relating to the
27 reinstatement of a license of an habitual
28 traffic offender; amending s. 324.091, F.S.;
29 providing for electronic access to vehicle
30 insurance information; amending s. 328.01,
31 F.S.; deleting the requirement for a copy of a
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 contract upon which a claim of ownership of a
2 vessel is made on a contractual default;
3 amending s. 328.42, F.S.; authorizing the
4 department to deny or cancel any vessel
5 registration, license plate, or fuel use decal
6 when given a dishonored check by the customer;
7 amending s. 328.56, F.S.; deleting the terms
8 "commercial" and "recreational" when referring
9 to vessels operated on the waters of this
10 state; amending s. 328.72, F.S.; deleting the
11 requirements for the transfer of ownership of
12 an antique vessel; amending s. 328.76, F.S.;
13 providing for the appropriation allotted for
14 fiscal year 2000-2001 to be deposited into the
15 Highway Safety Operating Trust Fund; amending
16 s. 713.78, F.S.; adding the insurance company
17 to the list of individuals to be contacted when
18 a vehicle has been towed; repealing s.
19 681.1096(1), F.S., relating to the Pilot RV
20 Mediation and Arbitration Program, and s.
21 715.05, F.S., relating to the reporting of
22 unclaimed motor vehicles; amending s. 715.07,
23 F.S.; conforming the vessel registration law to
24 the motor vehicle registration law; defining
25 the term "vessel"; authorizing the removal of
26 an undocumented vessel parked on private
27 property; amending s. 832.09, F.S.; authorizing
28 the department to create a standardized form to
29 be used for notification of satisfaction of a
30 worthless check; providing effective dates.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsections (1) and (21) of section
4 316.003, Florida Statutes, are amended, and subsection (82) is
5 added to said section, to read:
6 316.003 Definitions.--The following words and phrases,
7 when used in this chapter, shall have the meanings
8 respectively ascribed to them in this section, except where
9 the context otherwise requires:
10 (1) AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the
11 fire department (fire patrol), police vehicles, and such
12 ambulances and emergency vehicles of municipal departments,
13 public service corporations operated by private corporations,
14 the Department of Environmental Protection, the Department of
15 Health, and the Department of Transportation as are designated
16 or authorized by their respective department or the chief of
17 police of an incorporated city or any sheriff of any of the
18 various counties.
19 (21) MOTOR VEHICLE.--Any self-propelled vehicle not
20 operated upon rails or guideway, but not including any
21 bicycle, motorized scooter, or moped.
22 (82) MOTORIZED SCOOTER.--Any vehicle not having a seat
23 or saddle for the use of the rider, designed to travel on not
24 more than three wheels, and not capable of propelling the
25 vehicle at a speed greater than 30 miles per hour on level
26 ground.
27 Section 2. Subsections (2) and (3) of section 316.006,
28 Florida Statutes, are amended to read:
29 316.006 Jurisdiction.--Jurisdiction to control traffic
30 is vested as follows:
31 (2) MUNICIPALITIES.--
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (a) Chartered municipalities shall have original
2 jurisdiction over all streets and highways located within
3 their boundaries, except state roads, and may place and
4 maintain such traffic control devices which conform to the
5 manual and specifications of the Department of Transportation
6 upon all streets and highways under their original
7 jurisdiction as they shall deem necessary to indicate and to
8 carry out the provisions of this chapter or to regulate, warn,
9 or guide traffic.
10 (b) A municipality may exercise jurisdiction over any
11 private road or roads, or over any limited access road or
12 roads owned or controlled by a special district, located
13 within its boundaries if the municipality and party or parties
14 owning or controlling such road or roads provide, by written
15 agreement approved by the governing body of the municipality,
16 for municipal traffic control jurisdiction over the road or
17 roads encompassed by such agreement. Pursuant thereto:
18 1. Provision for reimbursement for actual costs of
19 traffic control and enforcement and for liability insurance
20 and indemnification by the party or parties, and such other
21 terms as are mutually agreeable, may be included in such an
22 agreement.
23 2. The exercise of jurisdiction provided for herein
24 shall be in addition to jurisdictional authority presently
25 exercised by municipalities under law, and nothing in this
26 paragraph shall be construed to limit or remove any such
27 jurisdictional authority. Such jurisdiction includes
28 regulation of access to such road or roads by security devices
29 or personnel.
30 3. Any such agreement may provide for the installation
31 of multiparty stop signs by the parties controlling the roads
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 covered by the agreement, if a determination is made by such
2 parties that the signage will enhance traffic safety.
3 Multiparty stop signs must conform to the manual and
4 specifications of the Department of Transportation. However,
5 minimum traffic volumes may not be required for the
6 installation of such signage. Enforcement for the signs shall
7 be as provided in s. 316.123.
8
9 This subsection shall not limit those counties which have the
10 charter powers to provide and regulate arterial, toll, and
11 other roads, bridges, tunnels, and related facilities from the
12 proper exercise of those powers by the placement and
13 maintenance of traffic control devices which conform to the
14 manual and specifications of the Department of Transportation
15 on streets and highways located within municipal boundaries.
16 (3) COUNTIES.--
17 (a) Counties shall have original jurisdiction over all
18 streets and highways located within their boundaries, except
19 all state roads and those streets and highways specified in
20 subsection (2), and may place and maintain such traffic
21 control devices which conform to the manual and specifications
22 of the Department of Transportation upon all streets and
23 highways under their original jurisdiction as they shall deem
24 necessary to indicate and to carry out the provisions of this
25 chapter or to regulate, warn, or guide traffic.
26 (b) A county may exercise jurisdiction over any
27 private road or roads, or over any limited access road or
28 roads owned or controlled by a special district, located in
29 the unincorporated area within its boundaries if the county
30 and party or parties owning or controlling such road or roads
31 provide, by written agreement approved by the governing body
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 of the county, for county traffic control jurisdiction over
2 the road or roads encompassed by such agreement. Pursuant
3 thereto:
4 1. Provision for reimbursement for actual costs of
5 traffic control and enforcement and for liability insurance
6 and indemnification by the party or parties, and such other
7 terms as are mutually agreeable, may be included in such an
8 agreement.
9 2. Prior to entering into an agreement which provides
10 for enforcement of the traffic laws of the state over a
11 private road or roads, or over any limited access road or
12 roads owned or controlled by a special district, the governing
13 body of the county shall consult with the sheriff. No such
14 agreement shall take effect prior to October 1, the beginning
15 of the county fiscal year, unless this requirement is waived
16 in writing by the sheriff.
17 3. The exercise of jurisdiction provided for herein
18 shall be in addition to jurisdictional authority presently
19 exercised by counties under law, and nothing in this paragraph
20 shall be construed to limit or remove any such jurisdictional
21 authority.
22 4. Any such agreement may provide for the installation
23 of multiparty stop signs by the parties controlling the roads
24 covered by the agreement, if a determination is made by such
25 parties that the signage will enhance traffic safety.
26 Multiparty stop signs must conform to the manual and
27 specifications of the Department of Transportation. However,
28 minimum traffic volumes may not be required for the
29 installation of such signage. Enforcement for the signs shall
30 be as provided in s. 316.123.
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 Notwithstanding the provisions of subsection (2), each county
2 shall have original jurisdiction to regulate parking, by
3 resolution of the board of county commissioners and the
4 erection of signs conforming to the manual and specifications
5 of the Department of Transportation, in parking areas located
6 on property owned or leased by the county, whether or not such
7 areas are located within the boundaries of chartered
8 municipalities.
9 Section 3. Effective July 1, 2001, subsection (4) of
10 section 316.1951, Florida Statutes, is amended to read:
11 316.1951 Parking for certain purposes prohibited.--
12 (4) A law enforcement officer, compliance examiner, or
13 license inspector, or supervisor of the department, as
14 authorized in s. 320.58(1)(a), may cause to be removed at the
15 owner's expense any motor vehicle found upon a public street,
16 public parking lot, other public property, or private
17 property, where the public has the right to travel by motor
18 vehicle, which is in violation of subsection (1). Every
19 written notice issued pursuant to this section shall be
20 affixed in a conspicuous place upon a vehicle by a law
21 enforcement officer, compliance examiner, or license
22 inspector, or supervisor of the department. Any vehicle found
23 in violation of subsection (1) within 10 days after a previous
24 violation and written notice shall be subject to immediate
25 removal without an additional waiting period.
26 Section 4. Subsection (2) of section 316.1975, Florida
27 Statutes, is amended to read:
28 316.1975 Unattended motor vehicle.--
29 (2) This section does not apply to the operator of:
30 (a) An authorized emergency vehicle while in the
31 performance of official duties and the vehicle is equipped
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 with an activated antitheft device that prohibits the vehicle
2 from being driven; or
3 (b) A licensed delivery truck or other delivery
4 vehicle while making deliveries; or.
5 (c) A solid waste or recovered materials vehicle while
6 collecting such items.
7 Section 5. Section 316.2065, Florida Statutes, is
8 amended to read:
9 316.2065 Bicycle and motorized scooter regulations.--
10 (1) Every person propelling a vehicle by human power,
11 or operating a motorized scooter as defined in s. 316.003, has
12 all of the rights and all of the duties applicable to the
13 driver of any other vehicle under this chapter, except as to
14 special regulations in this chapter, and except as to
15 provisions of this chapter which by their nature can have no
16 application.
17 (2) A person operating a bicycle may not ride other
18 than upon or astride a permanent and regular seat attached
19 thereto.
20 (3)(a) A bicycle may not be used to carry more persons
21 at one time than the number for which it is designed or
22 equipped, except that an adult rider may carry a child
23 securely attached to his or her person in a backpack or sling.
24 (b) Except as provided in paragraph (a), a bicycle
25 rider must carry any passenger who is a child under 4 years of
26 age, or who weighs 40 pounds or less, in a seat or carrier
27 that is designed to carry a child of that age or size and that
28 secures and protects the child from the moving parts of the
29 bicycle.
30
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (c) A bicycle rider may not allow a passenger to
2 remain in a child seat or carrier on a bicycle when the rider
3 is not in immediate control of the bicycle.
4 (d) A bicycle rider or passenger who is under 16 years
5 of age must wear a bicycle helmet that is properly fitted and
6 is fastened securely upon the passenger's head by a strap, and
7 that meets the standards of the American National Standards
8 Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
9 standards of the Snell Memorial Foundation (1984 Standard for
10 Protective Headgear for Use in Bicycling), or any other
11 nationally recognized standards for bicycle helmets adopted by
12 the department. As used in this subsection, the term
13 "passenger" includes a child who is riding in a trailer or
14 semitrailer attached to a bicycle.
15 (e) Law enforcement officers and school crossing
16 guards may issue a bicycle safety brochure and a verbal
17 warning to a bicycle rider or passenger who violates this
18 subsection. A bicycle rider or passenger who violates this
19 subsection may be issued a citation by a law enforcement
20 officer and assessed a fine for a pedestrian violation, as
21 provided in s. 318.18. The court shall dismiss the charge
22 against a bicycle rider or passenger for a first violation of
23 paragraph (d) upon proof of purchase of a bicycle helmet that
24 complies with this subsection.
25 (f) A person operating a motorized scooter may not
26 carry passengers.
27 (4) No person riding upon any bicycle, coaster, roller
28 skates, sled, motorized scooter, or toy vehicle may attach the
29 same or himself or herself to any vehicle upon a roadway. This
30 subsection does not prohibit attaching a bicycle trailer or
31 bicycle semitrailer to a bicycle if that trailer or
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 semitrailer is commercially available and has been designed
2 for such attachment.
3 (5)(a) Any person operating a bicycle upon a roadway
4 at less than the normal speed of traffic at the time and place
5 and under the conditions then existing shall ride as close as
6 practicable to the right-hand curb or edge of the roadway
7 except under any of the following situations:
8 1. When overtaking and passing another bicycle,
9 motorized scooter, or vehicle proceeding in the same
10 direction.
11 2. When preparing for a left turn at an intersection
12 or into a private road or driveway.
13 3. When reasonably necessary to avoid any condition,
14 including, but not limited to, a fixed or moving object,
15 parked or moving vehicle, bicycle, motorized scooter,
16 pedestrian, animal, surface hazard, or substandard-width lane,
17 that makes it unsafe to continue along the right-hand curb or
18 edge. For the purposes of this subsection, a
19 "substandard-width lane" is a lane that is too narrow for a
20 bicycle or motorized scooter and another vehicle to travel
21 safely side by side within the lane.
22 (b) Any person operating a bicycle or motorized
23 scooter upon a one-way highway with two or more marked traffic
24 lanes may ride as near the left-hand curb or edge of such
25 roadway as practicable.
26 (6) Persons riding bicycles or motorized scooters upon
27 a roadway may not ride more than two abreast except on paths
28 or parts of roadways set aside for the exclusive use of
29 bicycles. Persons riding two abreast may not impede traffic
30 when traveling at less than the normal speed of traffic at the
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 time and place and under the conditions then existing and
2 shall ride within a single lane.
3 (7) Any person operating a bicycle or motorized
4 scooter shall keep at least one hand upon the handlebars.
5 (8) Every bicycle or motorized scooter in use between
6 sunset and sunrise shall be equipped with a lamp on the front
7 exhibiting a white light visible from a distance of at least
8 500 feet to the front and a lamp and reflector on the rear
9 each exhibiting a red light visible from a distance of 600
10 feet to the rear. A bicycle or motorized scooter its rider
11 may be equipped with lights or reflectors in addition to those
12 required by this section.
13 (9) No parent of any minor child and no guardian of
14 any minor ward may authorize or knowingly permit any such
15 minor child or ward to violate any of the provisions of this
16 section.
17 (10) A person propelling a vehicle by human power or
18 operating a motorized scooter, upon and along a sidewalk, or
19 across a roadway upon and along a crosswalk, has all the
20 rights and duties applicable to a pedestrian under the same
21 circumstances.
22 (11) A person propelling a bicycle upon and along a
23 sidewalk, or across a roadway upon and along a crosswalk,
24 shall yield the right-of-way to any pedestrian and shall give
25 an audible signal before overtaking and passing such
26 pedestrian.
27 (12) No person upon roller skates, or riding in or by
28 means of any coaster, toy vehicle, or similar device, may go
29 upon any roadway except while crossing a street on a
30 crosswalk; and, when so crossing, such person shall be granted
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 all rights and shall be subject to all of the duties
2 applicable to pedestrians.
3 (13) This section shall not apply upon any street
4 while set aside as a play street authorized herein or as
5 designated by state, county, or municipal authority.
6 (14) Every bicycle and motorized scooter shall be
7 equipped with a brake or brakes which will enable its rider to
8 stop the bicycle or motorized scooter within 25 feet from a
9 speed of 10 miles per hour on dry, level, clean pavement.
10 (15) A person engaged in the business of selling
11 bicycles or motorized scooters at retail shall not sell such
12 any bicycle or motorized scooter unless it the bicycle has an
13 identifying number permanently stamped or cast on its frame.
14 (16)(a) A person may not knowingly rent or lease any
15 bicycle to be ridden by a child who is under the age of 16
16 years unless:
17 1. The child possesses a bicycle helmet; or
18 2. The lessor provides a bicycle helmet for the child
19 to wear.
20 (b) A violation of this subsection is a nonmoving
21 violation, punishable as provided in s. 318.18.
22 (17) The court may waive, reduce, or suspend payment
23 of any fine imposed under subsection (3) or subsection (16)
24 and may impose any other conditions on the waiver, reduction,
25 or suspension. If the court finds that a person does not have
26 sufficient funds to pay the fine, the court may require the
27 performance of a specified number of hours of community
28 service or attendance at a safety seminar.
29 (18) Notwithstanding s. 318.21, all proceeds collected
30 pursuant to s. 318.18 for violations under paragraphs (3)(e)
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 and (16)(b) shall be deposited into the State Transportation
2 Trust Fund.
3 (19) The failure of a person to wear a bicycle helmet
4 or the failure of a parent or guardian to prevent a child from
5 riding a bicycle without a bicycle helmet may not be
6 considered evidence of negligence or contributory negligence.
7 (20) Except as otherwise provided in this section, a
8 violation of this section is a noncriminal traffic infraction,
9 punishable as a pedestrian violation as provided in chapter
10 318. A law enforcement officer may issue traffic citations for
11 a violation of subsection (3) or subsection (16) only if the
12 violation occurs on a bicycle path or road, as defined in s.
13 334.03. However, they may not issue citations to persons on
14 private property, except any part thereof which is open to the
15 use of the public for purposes of vehicular traffic.
16 Section 6. Subsection (2) of section 316.228, Florida
17 Statutes, is amended to read:
18 316.228 Lamps or flags on projecting load.--
19 (2) Any commercial motor vehicle or trailer, except as
20 stated in s. 316.515(7), transporting a load of unprocessed
21 logs or, long pulpwood, poles, or posts which load extends
22 extend more than 4 feet beyond the rear of the body or bed of
23 such vehicle, must have securely fixed as close as practical
24 to the end of any such projection one amber strobe-type lamp
25 equipped with a multidirectional type lens so mounted as to be
26 visible from the rear and both sides of the projecting load.
27 If the mounting of one strobe lamp cannot be accomplished so
28 that it is visible from the rear and both sides of the
29 projecting load, multiple strobe lights shall be utilized so
30 as to meet the visibility requirements of this subsection. The
31 strobe lamp must flash at a rate of at least 60 flashes per
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 minute and must be plainly visible from a distance of at least
2 500 feet to the rear and sides of the projecting load at any
3 time of the day or night. The lamp must be operating at any
4 time of the day or night when the vehicle is operated on any
5 highway or parked on the shoulder or immediately adjacent to
6 the traveled portion of any public roadway. The projecting
7 load shall also be marked with a red flag as described in
8 subsection (1).
9 Section 7. Subsection (9) of section 316.2397, Florida
10 Statutes, is amended to read:
11 316.2397 Certain lights prohibited; exceptions.--
12 (9) Flashing red lights may be used by emergency
13 response vehicles of the Department of Environmental
14 Protection and the Department of Health when responding to an
15 emergency in the line of duty.
16 Section 8. Section 316.520, Florida Statutes, is
17 amended to read:
18 316.520 Loads on vehicles.--
19 (1) A vehicle may not be driven or moved on any
20 highway unless the vehicle is so constructed or loaded as to
21 prevent any of its load from dropping, shifting, leaking,
22 blowing, or otherwise escaping therefrom, except that sand may
23 be dropped only for the purpose of securing traction or water
24 or other substance may be sprinkled on a roadway in cleaning
25 or maintaining the roadway.
26 (2) It is the duty of every owner and driver,
27 severally, of any vehicle hauling, upon any public road or
28 highway open to the public, dirt, sand, lime rock, gravel,
29 silica, or other similar aggregate or trash, garbage, or any
30 similar material that could fall or blow from such vehicle, to
31 prevent such materials from falling, blowing, or in any way
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 escaping from such vehicle. Covering and securing the load
2 with a close-fitting tarpaulin or other appropriate cover is
3 required.
4 (3) A violation of this section is a noncriminal
5 traffic infraction, punishable as a moving nonmoving violation
6 as provided in chapter 318.
7 Section 9. Subsections (1), (2), and (3) of section
8 316.640, Florida Statutes, are amended to read:
9 316.640 Enforcement.--The enforcement of the traffic
10 laws of this state is vested as follows:
11 (1) STATE.--
12 (a)1.a. The Division of Florida Highway Patrol of the
13 Department of Highway Safety and Motor Vehicles, the Division
14 of Law Enforcement of the Fish and Wildlife Conservation
15 Commission, the Division of Law Enforcement of the Department
16 of Environmental Protection, and law enforcement officers of
17 the Department of Transportation each have authority to
18 enforce all of the traffic laws of this state on all the
19 streets and highways thereof and elsewhere throughout the
20 state wherever the public has a right to travel by motor
21 vehicle. The Division of the Florida Highway Patrol may employ
22 as a traffic accident investigation officer any individual who
23 successfully completes at least 200 hours of instruction in
24 traffic accident investigation and court presentation through
25 the Selective Traffic Enforcement Program as approved by the
26 Criminal Justice Standards and Training Commission and funded
27 through the National Highway Traffic Safety Administration or
28 a similar program approved by the commission, but who does not
29 necessarily meet the uniform minimum standards established by
30 the commission for law enforcement officers or auxiliary law
31 enforcement officers under chapter 943. Any such traffic
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 accident investigation officer who makes an investigation at
2 the scene of a traffic accident may issue traffic citations,
3 based upon personal investigation, when he or she has
4 reasonable and probable grounds to believe that a person who
5 was involved in the accident committed an offense under this
6 chapter, chapter 319, chapter 320, or chapter 322 in
7 connection with the accident. This paragraph does not permit
8 the carrying of firearms or other weapons, nor do such
9 officers have arrest authority other than for the issuance of
10 a traffic citation as authorized in this paragraph.
11 b. University police officers shall have authority to
12 enforce all of the traffic laws of this state when such
13 violations occur on or about any property or facilities that
14 are under the guidance, supervision, regulation, or control of
15 the State University System, except that traffic laws may be
16 enforced off-campus when hot pursuit originates on-campus.
17 c. Community college police officers shall have the
18 authority to enforce all the traffic laws of this state only
19 when such violations occur on any property or facilities that
20 are under the guidance, supervision, regulation, or control of
21 the community college system.
22 d. Police officers employed by an airport authority
23 shall have the authority to enforce all of the traffic laws of
24 this state only when such violations occur on any property or
25 facilities that are owned or operated by an airport authority.
26 (I) An airport authority may employ as a parking
27 enforcement specialist any individual who successfully
28 completes a training program established and approved by the
29 Criminal Justice Standards and Training Commission for parking
30 enforcement specialists but who does not otherwise meet the
31 uniform minimum standards established by the commission for
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 law enforcement officers or auxiliary or part-time officers
2 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
3 construed to permit the carrying of firearms or other weapons,
4 nor shall such parking enforcement specialist have arrest
5 authority.
6 (II) A parking enforcement specialist employed by an
7 airport authority is authorized to enforce all state, county,
8 and municipal laws and ordinances governing parking only when
9 such violations are on property or facilities owned or
10 operated by the airport authority employing the specialist, by
11 appropriate state, county, or municipal traffic citation.
12 e. The Office of Agricultural Law Enforcement of the
13 Department of Agriculture and Consumer Services shall have the
14 authority to enforce traffic laws of this state only as
15 authorized by the provisions of chapter 570. However, nothing
16 in this section shall expand the authority of the Office of
17 Agricultural Law Enforcement at its agricultural inspection
18 stations to issue any traffic tickets except those traffic
19 tickets for vehicles illegally passing the inspection station.
20 f. School safety officers shall have the authority to
21 enforce all of the traffic laws of this state when such
22 violations occur on or about any property or facilities which
23 are under the guidance, supervision, regulation, or control of
24 the district school board.
25 2. An agency of the state as described in subparagraph
26 1. is prohibited from establishing a traffic citation quota. A
27 violation of this subparagraph is not subject to the penalties
28 provided in chapter 318.
29 3. Any disciplinary action taken or performance
30 evaluation conducted by an agency of the state as described in
31 subparagraph 1. of a law enforcement officer's traffic
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 enforcement activity must be in accordance with written
2 work-performance standards. Such standards must be approved by
3 the agency and any collective bargaining unit representing
4 such law enforcement officer. A violation of this subparagraph
5 is not subject to the penalties provided in chapter 318.
6 (b)1. The Department of Transportation has authority
7 to enforce on all the streets and highways of this state all
8 laws applicable within its authority.
9 2.a. The Department of Transportation shall develop
10 training and qualifications standards for toll enforcement
11 officers whose sole authority is to enforce the payment of
12 tolls pursuant to s. 316.1001. Nothing in this subparagraph
13 shall be construed to permit the carrying of firearms or other
14 weapons, nor shall a toll enforcement officer have arrest
15 authority.
16 b. For the purpose of enforcing s. 316.1001,
17 governmental entities, as defined in s. 334.03, which own or
18 operate a toll facility may employ independent contractors or
19 designate employees as toll enforcement officers; however, any
20 such toll enforcement officer must successfully meet the
21 training and qualifications standards for toll enforcement
22 officers established by the Department of Transportation.
23 (2) COUNTIES.--
24 (a) The sheriff's office of each of the several
25 counties of this state shall enforce all of the traffic laws
26 of this state on all the streets and highways thereof and
27 elsewhere throughout the county wherever the public has the
28 right to travel by motor vehicle. In addition, the sheriff's
29 office may be required by the county to enforce the traffic
30 laws of this state on any private or limited access road or
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 roads over which the county has jurisdiction pursuant to a
2 written agreement entered into under s. 316.006(3)(b).
3 (b) The sheriff's office of each county may employ as
4 a traffic crash investigation officer any individual who
5 successfully completes at least 200 hours of instruction in
6 traffic crash investigation and court presentation through the
7 Selective Traffic Enforcement Program (STEP) as approved by
8 the Criminal Justice Standards and Training Commission and
9 funded through the National Highway Traffic Safety
10 Administration (NHTSA) or a similar program approved by the
11 commission, but who does not necessarily otherwise meet the
12 uniform minimum standards established by the commission for
13 law enforcement officers or auxiliary law enforcement officers
14 under chapter 943. Any such traffic crash investigation
15 officer who makes an investigation at the scene of a traffic
16 crash may issue traffic citations when, based upon personal
17 investigation, he or she has reasonable and probable grounds
18 to believe that a person who was involved in the crash has
19 committed an offense under this chapter, chapter 319, chapter
20 320, or chapter 322 in connection with the crash accident.
21 This paragraph does not permit the carrying of firearms or
22 other weapons, nor do such officers have arrest authority
23 other than for the issuance of a traffic citation as
24 authorized in this paragraph.
25 (c) The sheriff's office of each of the several
26 counties of this state may employ as a parking enforcement
27 specialist any individual who successfully completes a
28 training program established and approved by the Criminal
29 Justice Standards and Training Commission for parking
30 enforcement specialists, but who does not necessarily
31 otherwise meet the uniform minimum standards established by
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 the commission for law enforcement officers or auxiliary or
2 part-time officers under s. 943.12.
3 1. A parking enforcement specialist employed by the
4 sheriff's office of each of the several counties of this state
5 is authorized to enforce all state and county laws,
6 ordinances, regulations, and official signs governing parking
7 within the unincorporated areas of the county by appropriate
8 state or county citation and may issue such citations for
9 parking in violation of signs erected pursuant to s.
10 316.006(3) at parking areas located on property owned or
11 leased by a county, whether or not such areas are within the
12 boundaries of a chartered municipality.
13 2. A parking enforcement specialist employed pursuant
14 to this subsection shall not carry firearms or other weapons
15 or have arrest authority.
16 (3) MUNICIPALITIES.--
17 (a) The police department of each chartered
18 municipality shall enforce the traffic laws of this state on
19 all the streets and highways thereof and elsewhere throughout
20 the municipality wherever the public has the right to travel
21 by motor vehicle. In addition, the police department may be
22 required by a municipality to enforce the traffic laws of this
23 state on any private or limited access road or roads over
24 which the municipality has jurisdiction pursuant to a written
25 agreement entered into under s. 316.006(2)(b). However,
26 nothing in this chapter shall affect any law, general,
27 special, or otherwise, in effect on January 1, 1972, relating
28 to "hot pursuit" without the boundaries of the municipality.
29 (b) The police department of a chartered municipality
30 may employ as a traffic crash investigation officer any
31 individual who successfully completes at least 200 hours of
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 instruction in traffic crash investigation and court
2 presentation through the Selective Traffic Enforcement Program
3 (STEP) as approved by the Criminal Justice Standards and
4 Training Commission and funded through the National Highway
5 Traffic Safety Administration (NHTSA) or a similar program
6 approved by the commission, but who does not otherwise meet
7 the uniform minimum standards established by the commission
8 for law enforcement officers or auxiliary law enforcement
9 officers under chapter 943. Any such traffic crash
10 investigation officer who makes an investigation at the scene
11 of a traffic crash is authorized to issue traffic citations
12 when, based upon personal investigation, he or she has
13 reasonable and probable grounds to believe that a person
14 involved in the crash has committed an offense under the
15 provisions of this chapter, chapter 319, chapter 320, or
16 chapter 322 in connection with the crash. Nothing in This
17 paragraph does not shall be construed to permit the carrying
18 of firearms or other weapons, nor do shall such officers have
19 arrest authority other than for the issuance of a traffic
20 citation as authorized above.
21 (c)1. A chartered municipality or its authorized
22 agency or instrumentality may employ as a parking enforcement
23 specialist any individual who successfully completes a
24 training program established and approved by the Criminal
25 Justice Standards and Training Commission for parking
26 enforcement specialists, but who does not otherwise meet the
27 uniform minimum standards established by the commission for
28 law enforcement officers or auxiliary or part-time officers
29 under s. 943.12.
30 2. A parking enforcement specialist employed by a
31 chartered municipality or its authorized agency or
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 instrumentality is authorized to enforce all state, county,
2 and municipal laws and ordinances governing parking within the
3 boundaries of the municipality employing the specialist, by
4 appropriate state, county, or municipal traffic citation.
5 Nothing in this paragraph shall be construed to permit the
6 carrying of firearms or other weapons, nor shall such a
7 parking enforcement specialist have arrest authority.
8 3. A parking enforcement specialist employed pursuant
9 to this subsection may not carry firearms or other weapons or
10 have arrest authority.
11 Section 10. Section 319.001, Florida Statutes, is
12 amended to read:
13 319.001 Definitions.--As used in this chapter, the
14 term:
15 (1) "Department" means the Department of Highway
16 Safety and Motor Vehicles.
17 (2) "Front-end assembly" means fenders, hood, grill,
18 and bumper.
19 (3)(2) "Licensed dealer," unless otherwise
20 specifically provided, means a motor vehicle dealer licensed
21 under s. 320.27, a mobile home dealer licensed under s.
22 320.77, or a recreational vehicle dealer licensed under s.
23 320.771.
24 (4) "Motorcycle body assembly" means frame, fenders,
25 and gas tanks.
26 (5) "Motorcycle engine" means cylinder block, heads,
27 engine case, and crank case.
28 (6) "Motorcycle transmission" means drive train.
29 (7)(3) "New mobile home" means a mobile home the
30 equitable or legal title to which has never been transferred
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 by a manufacturer, distributor, importer, or dealer to an
2 ultimate purchaser.
3 (8)(4) "New motor vehicle" means a motor vehicle the
4 equitable or legal title to which has never been transferred
5 by a manufacturer, distributor, importer, or dealer to an
6 ultimate purchaser; however, when legal title is not
7 transferred but possession of a motor vehicle is transferred
8 pursuant to a conditional sales contract or lease and the
9 conditions are not satisfied and the vehicle is returned to
10 the motor vehicle dealer, the motor vehicle may be resold by
11 the motor vehicle dealer as a new motor vehicle, provided the
12 selling motor vehicle dealer gives the following written
13 notice to the purchaser: "THIS VEHICLE WAS DELIVERED TO A
14 PREVIOUS PURCHASER." The purchaser shall sign an
15 acknowledgment, a copy of which is kept in the selling
16 dealer's file.
17 (9) "Rear body section" means both quarter panels,
18 decklid, bumper, and floor pan.
19 (10)(5) "Satisfaction of lien" means full payment of a
20 debt or release of a debtor from a lien by the lienholder.
21 (11)(6) "Used motor vehicle" means any motor vehicle
22 that is not a "new motor vehicle" as defined in subsection
23 (8)(4).
24 Section 11. Subsections (1), (2), and (3) of section
25 319.14, Florida Statutes, are amended, subsections (6), (7),
26 and (8) are renumbered as subsections (7), (8), and (9),
27 respectively, and a new subsection (6) is added to said
28 section, to read:
29 319.14 Sale of motor vehicles registered or used as
30 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles
31 and nonconforming vehicles.--
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (1)(a) No person shall knowingly offer for sale, sell,
2 or exchange any vehicle that has been licensed, registered, or
3 used as a taxicab, police vehicle, or short-term-lease
4 vehicle, or a vehicle that has been repurchased by a
5 manufacturer pursuant to a settlement, determination, or
6 decision under chapter 681, until the department has stamped
7 in a conspicuous place on the certificate of title of the
8 vehicle, or its duplicate, words stating the nature of the
9 previous use of the vehicle or the title has been stamped
10 "Manufacturer's Buy Back" to reflect that the vehicle is a
11 nonconforming vehicle. If the certificate of title or
12 duplicate was not so stamped upon initial issuance thereof or
13 if, subsequent to initial issuance of the title, the use of
14 the vehicle is changed to a use requiring the notation
15 provided for in this section, the owner or lienholder of the
16 vehicle shall surrender the certificate of title or duplicate
17 to the department prior to offering the vehicle for sale, and
18 the department shall stamp the certificate or duplicate as
19 required herein. When a vehicle has been repurchased by a
20 manufacturer pursuant to a settlement, determination, or
21 decision under chapter 681, the title shall be stamped
22 "Manufacturer's Buy Back" to reflect that the vehicle is a
23 nonconforming vehicle.
24 (b) No person shall knowingly offer for sale, sell, or
25 exchange a rebuilt vehicle until the department has stamped in
26 a conspicuous place on the certificate of title for the
27 vehicle words stating that the vehicle has been rebuilt or,
28 assembled from parts, or combined, or is a kit car, glider
29 kit, replica, or flood vehicle unless proper application for a
30 certificate of title for a vehicle that is rebuilt or,
31 assembled from parts, or combined, or is a kit car, glider
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 kit, replica, or flood vehicle has been made to the department
2 in accordance with this chapter and the department or its
3 agent has conducted the physical examination of the vehicle to
4 assure the identity of the vehicle and all major component
5 parts, as defined in s. 319.30(1)(e), which have been repaired
6 or replaced. Thereafter, the department shall affix a decal to
7 the vehicle, in the manner prescribed by the department,
8 showing the vehicle to be rebuilt.
9 (c) As used in this section:
10 1. "Police vehicle" means a motor vehicle owned or
11 leased by the state or a county or municipality and used in
12 law enforcement.
13 2.a. "Short-term-lease vehicle" means a motor vehicle
14 leased without a driver and under a written agreement to one
15 or more persons from time to time for a period of less than 12
16 months.
17 b. "Long-term-lease vehicle" means a motor vehicle
18 leased without a driver and under a written agreement to one
19 person for a period of 12 months or longer.
20 c. "Lease vehicle" includes both short-term-lease
21 vehicles and long-term-lease vehicles.
22 3. "Rebuilt vehicle" means a motor vehicle or mobile
23 home built from salvage or junk, as defined in s. 319.30(1).
24 4. "Assembled from parts" means a motor vehicle or
25 mobile home assembled from parts or combined from parts of
26 motor vehicles or mobile homes, new or used. "Assembled from
27 parts" does not mean a motor vehicle defined as a "rebuilt
28 vehicle" in subparagraph 3., which has been declared a total
29 loss pursuant to s. 319.30.
30
31
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 5. "Combined" means assembled by combining two motor
2 vehicles neither of which has been titled and branded as
3 "Salvage Unrebuildable."
4 5.6. "Kit car" means a motor vehicle assembled with a
5 kit supplied by a manufacturer to rebuild a wrecked or
6 outdated motor vehicle with a new body kit.
7 6.7. "Glider kit" means a vehicle assembled with a kit
8 supplied by a manufacturer to rebuild a wrecked or outdated
9 truck or truck tractor.
10 7.8. "Replica" means a complete new motor vehicle
11 manufactured to look like an old vehicle.
12 8.9. "Flood vehicle" means a motor vehicle or mobile
13 home that has been declared to be a total loss pursuant to s.
14 319.30(3)(a) resulting from damage caused by water.
15 9.10. "Nonconforming vehicle" means a motor vehicle
16 which has been purchased by a manufacturer pursuant to a
17 settlement, determination, or decision under chapter 681.
18 10.11. "Settlement" means an agreement entered into
19 between a manufacturer and a consumer that occurs after a
20 dispute is submitted to a program, or an informal dispute
21 settlement procedure established by a manufacturer or is
22 approved for arbitration before the New Motor Vehicle
23 Arbitration Board as defined in s. 681.102.
24 (2) No person shall knowingly sell, exchange, or
25 transfer a vehicle referred to in subsection (1) without,
26 prior to consummating the sale, exchange, or transfer,
27 disclosing in writing to the purchaser, customer, or
28 transferee the fact that the vehicle has previously been
29 titled, registered, or used as a taxicab, police vehicle, or
30 short-term-lease vehicle or is a vehicle that is rebuilt or,
31 assembled from parts, or combined, or is a kit car, glider
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 kit, replica, or flood vehicle, or is a nonconforming vehicle,
2 as the case may be.
3 (3) Any person who, with intent to offer for sale or
4 exchange any vehicle referred to in subsection (1), knowingly
5 or intentionally advertises, publishes, disseminates,
6 circulates, or places before the public in any communications
7 medium, whether directly or indirectly, any offer to sell or
8 exchange the vehicle shall clearly and precisely state in each
9 such offer that the vehicle has previously been titled,
10 registered, or used as a taxicab, police vehicle, or
11 short-term-lease vehicle or that the vehicle or mobile home is
12 a vehicle that is rebuilt or, assembled from parts, or
13 combined, or is a kit car, glider kit, replica, or flood
14 vehicle, or a nonconforming vehicle, as the case may be. Any
15 person who violates this subsection is guilty of a misdemeanor
16 of the second degree, punishable as provided in s. 775.082 or
17 s. 775.083.
18 (6) Any person who removes a rebuilt decal from a
19 rebuilt vehicle or who knowingly possesses a rebuilt vehicle
20 from which a rebuilt decal has been removed is guilty of a
21 felony of the third degree punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084.
23 Section 12. Paragraph (c) of subsection (3) of section
24 319.23, Florida Statutes, is amended to read:
25 319.23 Application for, and issuance of, certificate
26 of title.--
27 (3) If a certificate of title has not previously been
28 issued for a motor vehicle or mobile home in this state, the
29 application, unless otherwise provided for in this chapter,
30 shall be accompanied by a proper bill of sale or sworn
31 statement of ownership, or a duly certified copy thereof, or
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 by a certificate of title, bill of sale, or other evidence of
2 ownership required by the law of the state or county from
3 which the motor vehicle or mobile home was brought into this
4 state. The application shall also be accompanied by:
5 (c) If the vehicle is an ancient or antique vehicle,
6 as defined in s. 320.086, the application shall be accompanied
7 by a certificate of title; a bill of sale and a registration;
8 or a bill of sale and an affidavit by the owner defending the
9 title from all claims. The bill of sale must contain a
10 complete vehicle description to include the vehicle
11 identification or engine number, year make, color, selling
12 price, and signatures of the seller and purchaser.
13
14 Verification of the vehicle identification number is not
15 required for any new motor vehicle; any mobile home; any
16 trailer or semitrailer with a net weight of less than 2,000
17 pounds; or any travel trailer, camping trailer, truck camper,
18 or fifth-wheel recreation trailer.
19 Section 13. Paragraph (a) of subsection (1) of section
20 319.28, Florida Statutes, is amended to read:
21 319.28 Transfer of ownership by operation of law.--
22 (1)(a) In the event of the transfer of ownership of a
23 motor vehicle or mobile home by operation of law as upon
24 inheritance, devise or bequest, order in bankruptcy,
25 insolvency, replevin, attachment, execution or other judicial
26 sale or whenever the engine of a motor vehicle is replaced by
27 another engine or whenever a motor vehicle is sold to satisfy
28 storage or repair charges or repossession is had upon default
29 in performance of the terms of a security agreement, chattel
30 mortgage, conditional sales contract, trust receipt, or other
31 like agreement, and upon the surrender of the prior
32
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 certificate of title or, when that is not possible,
2 presentation of satisfactory proof to the department of
3 ownership and right of possession to such motor vehicle or
4 mobile home, and upon payment of the fee prescribed by law and
5 presentation of an application for certificate of title, the
6 department may issue to the applicant a certificate of title
7 thereto. If the application is predicated upon a security
8 agreement, chattel mortgage, conditional sales contract, trust
9 receipt, or other like agreement, the original instrument or a
10 certified copy thereof shall accompany the application;
11 however, if an owner under a chattel mortgage voluntarily
12 surrenders possession of the motor vehicle or mobile home, the
13 original or a certified copy of the chattel mortgage shall
14 accompany the application for a certificate of title and it
15 shall not be necessary to institute proceedings in any court
16 to foreclose such mortgage.
17 Section 14. Paragraphs (e) and (f) of subsection (1)
18 and paragraph (b) of subsection (3) of section 319.30, Florida
19 Statutes, are amended to read:
20 319.30 Definitions; dismantling, destruction, change
21 of identity of motor vehicle or mobile home; salvage.--
22 (1) As used in this section, the term:
23 (e) "Major component parts" means:
24 1. For motor vehicles other than motorcycles: the
25 front-end assembly, fenders, hood, grill, bumper, cowl
26 assembly, rear body section, both quarter panels, decklid,
27 bumper, floor pan, door assemblies, engine, frame,
28 transmission, dashboard, hard-top roof, sunroof, t-top,
29 airbag, wheels, windshield, and interior.
30 2. For trucks, in addition to 1. above: the truck
31 bed.
33
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 3. For motorcycles: body assembly, frame, fenders,
2 gas tanks, engine, cylinder block, heads, engine case, crank
3 case, transmission, drive train, front fork assembly, and
4 wheels.
5 4. For mobile homes: the frame. the front-end
6 assembly (fenders, hood, grill, and bumper); cowl assembly;
7 rear body section (both quarter panels, decklid, bumper, and
8 floor pan); door assemblies; engine; frame; or transmission.
9 (f) "Major part" means the front-end assembly
10 (fenders, hood, grill, and bumper); cowl assembly; or rear
11 body section (both quarter panels, decklid, bumper, and floor
12 pan).
13 (3)
14 (b) The owner of any motor vehicle or mobile home
15 which is considered to be salvage shall, within 72 hours after
16 the motor vehicle or mobile home becomes salvage, forward the
17 title to the motor vehicle or mobile home to the department
18 for processing. However, an insurance company which pays money
19 as compensation for total loss of a motor vehicle or mobile
20 home shall obtain the certificate of title for the motor
21 vehicle or mobile home and, within 72 hours after receiving
22 such certificate of title, shall forward such title to the
23 department for processing. The owner or insurance company, as
24 the case may be, may not dispose of a vehicle or mobile home
25 that is a total loss before it has obtained a salvage
26 certificate of title or certificate of destruction from the
27 department. When applying for a salvage certificate of title
28 or certificate of destruction, the owner or insurance company
29 must provide the department with an estimate of the costs of
30 repairing the physical and mechanical damage suffered by the
31 vehicle for which a salvage certificate of title or
34
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 certificate of destruction is sought. If the estimated costs
2 of repairing the physical and mechanical damage to the vehicle
3 are equal to 80 percent or more of the current retail cost of
4 the vehicle, as established in any official used car or used
5 mobile home guide, the department shall declare the vehicle
6 unrebuildable and print a certificate of destruction, which
7 authorizes the dismantling or destruction of the motor vehicle
8 or mobile home described therein. This certificate of
9 destruction shall be reassignable a maximum of two times
10 before dismantling or destruction of the vehicle shall be
11 required, and shall accompany the motor vehicle or mobile home
12 for which it is issued, when such motor vehicle or mobile home
13 is sold for such purposes, in lieu of a certificate of title,
14 and, thereafter, the department shall refuse issuance of any
15 certificate of title for that vehicle. Nothing in this
16 subsection shall be applicable when a vehicle is worth less
17 than $1,500 retail in undamaged condition in any official used
18 motor vehicle guide or used mobile home guide. An insurer
19 paying a total loss claim may obtain a certificate of
20 destruction for such vehicle. or When a stolen motor vehicle
21 or mobile home is recovered in substantially intact condition
22 and is readily resalable without extensive repairs to or
23 replacement of the frame or engine, the insurer shall obtain a
24 certificate of title in its own name before the vehicle may be
25 sold or transferred. Any person who willfully and deliberately
26 violates this paragraph or falsifies any document to avoid the
27 requirements of this paragraph commits a misdemeanor of the
28 first degree, punishable as provided in s. 775.082 or s.
29 775.083.
30 Section 15. Subsection (1) of section 320.01, Florida
31 Statutes, is amended to read:
35
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 320.01 Definitions, general.--As used in the Florida
2 Statutes, except as otherwise provided, the term:
3 (1) "Motor vehicle" means:
4 (a) An automobile, motorcycle, truck, trailer,
5 semitrailer, truck tractor and semitrailer combination, or any
6 other vehicle operated on the roads of this state, used to
7 transport persons or property, and propelled by power other
8 than muscular power, but the term does not include traction
9 engines, road rollers, such vehicles as run only upon a track,
10 bicycles, motorized scooters, or mopeds.
11 (b) A recreational vehicle-type unit primarily
12 designed as temporary living quarters for recreational,
13 camping, or travel use, which either has its own motive power
14 or is mounted on or drawn by another vehicle. Recreational
15 vehicle-type units, when traveling on the public roadways of
16 this state, must comply with the length and width provisions
17 of s. 316.515, as that section may hereafter be amended. As
18 defined below, the basic entities are:
19 1. The "travel trailer," which is a vehicular portable
20 unit, mounted on wheels, of such a size or weight as not to
21 require special highway movement permits when drawn by a
22 motorized vehicle. It is primarily designed and constructed to
23 provide temporary living quarters for recreational, camping,
24 or travel use. It has a body width of no more than 8 1/2 feet
25 and an overall body length of no more than 40 feet when
26 factory-equipped for the road.
27 2. The "camping trailer," which is a vehicular
28 portable unit mounted on wheels and constructed with
29 collapsible partial sidewalls which fold for towing by another
30 vehicle and unfold at the campsite to provide temporary living
31 quarters for recreational, camping, or travel use.
36
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 3. The "truck camper," which is a truck equipped with
2 a portable unit designed to be loaded onto, or affixed to, the
3 bed or chassis of the truck and constructed to provide
4 temporary living quarters for recreational, camping, or travel
5 use.
6 4. The "motor home," which is a vehicular unit which
7 does not exceed the 40 feet in length, and the height, and the
8 width limitations provided in s. 316.515, is a self-propelled
9 motor vehicle, and is primarily designed to provide temporary
10 living quarters for recreational, camping, or travel use.
11 5. The "private motor coach," which is a vehicular
12 unit which does not exceed the length, width, and height
13 limitations provided in s. 316.515(9), is built on a
14 self-propelled bus type chassis having no fewer than three
15 load-bearing axles, and is primarily designed to provide
16 temporary living quarters for recreational, camping, or travel
17 use.
18 6. The "van conversion," which is a vehicular unit
19 which does not exceed the length and width limitations
20 provided in s. 316.515, is built on a self-propelled motor
21 vehicle chassis, and is designed for recreation, camping, and
22 travel use.
23 7. The "park trailer," which is a transportable unit
24 which has a body width not exceeding 14 feet and which is
25 built on a single chassis and is designed to provide seasonal
26 or temporary living quarters when connected to utilities
27 necessary for operation of installed fixtures and appliances.
28 The total area of the unit in a setup mode, when measured from
29 the exterior surface of the exterior stud walls at the level
30 of maximum dimensions, not including any bay window, does not
31 exceed 400 square feet when constructed to ANSI A-119.5
37
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 standards, and 500 square feet when constructed to United
2 States Department of Housing and Urban Development Standards.
3 The length of a park trailer means the distance from the
4 exterior of the front of the body (nearest to the drawbar and
5 coupling mechanism) to the exterior of the rear of the body
6 (at the opposite end of the body), including any protrusions.
7 8. The "fifth-wheel trailer," which is a vehicular
8 unit mounted on wheels, designed to provide temporary living
9 quarters for recreational, camping, or travel use, of such
10 size or weight as not to require a special highway movement
11 permit, of gross trailer area not to exceed 400 square feet in
12 the setup mode, and designed to be towed by a motorized
13 vehicle that contains a towing mechanism that is mounted above
14 or forward of the tow vehicle's rear axle.
15 Section 16. Subsections (5), (6), and (7) of section
16 320.023, Florida Statutes, are amended to read:
17 320.023 Requests to establish voluntary checkoff on
18 motor vehicle registration application.--
19 (5) A voluntary contribution collected and distributed
20 under this chapter, or any interest earned from those
21 contributions, may not be used for commercial or for-profit
22 activities nor for general or administrative expenses, except
23 as authorized by law, or to pay the cost of the audit or
24 report required by law.
25 (a) All organizations that receive annual use fee
26 proceeds from the department are responsible for ensuring that
27 proceeds are used in accordance with law.
28 (b) All organizational recipients of any voluntary
29 contributions in excess of $15,000, not otherwise subject to
30 annual audit by the Office of the Auditor General, shall
31 submit an annual audit of the expenditures of these
38
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 contributions and interest earned from these contributions, to
2 determine if expenditures are being made in accordance with
3 the specifications outlined by law. The audit shall be
4 prepared by a certified public accountant licensed under
5 chapter 473 at that organizational recipient's expense. The
6 notes to the financial statements should state whether
7 expenditures were made in accordance with law.
8 (b)(c) Any organization not subject to In lieu of an
9 annual audit pursuant to s. 215.97 shall, any organization
10 receiving less than $15,000 in voluntary contributions
11 directly from the department may annually attest report, under
12 penalties of perjury, that such proceeds were used in
13 compliance with law. The attestation shall be made annually in
14 a form and format determined by the department.
15 (c)(d) Any voluntary contributions authorized by law
16 shall only be distributed to an organization under an
17 appropriation by the Legislature.
18 (d)(e) Any organization subject to audit pursuant to
19 s. 215.97 shall submit an audit report in accordance with
20 rules promulgated by the Auditor General. The annual
21 attestation audit or report shall be submitted to the
22 department for review within 9 months 180 days after the end
23 of the organization's fiscal year.
24 (6) Within 90 days after receiving an organization's
25 audit or attestation report, the department shall determine
26 which recipients have not complied with subsection (5). If
27 the department determines that an organization has not
28 complied or has failed to use the revenues in accordance with
29 law, the department must discontinue the distribution of the
30 revenues to the organization until the department determines
31 that the organization has complied. If an organization fails
39
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 to comply within 12 months after the voluntary contributions
2 are withheld by the department, the proceeds shall be
3 deposited into the Highway Safety Operating Trust Fund to
4 offset department costs.
5 (7) The Auditor General and the department has have
6 the authority to examine all records pertaining to the use of
7 funds from the voluntary contributions authorized.
8 Section 17. Subsections (1) and (2) of section
9 320.025, Florida Statutes, are amended to read:
10 320.025 Registration certificate and license plate
11 issued under fictitious name; application.--
12 (1) A confidential registration certificate and
13 registration license plate or decal shall be issued under a
14 fictitious name only for a motor vehicle or vessel owned or
15 operated by a law enforcement agency of state, county,
16 municipal, or federal government, the Attorney General's
17 Medicaid Fraud Control Unit, or any state public defender's
18 office. The requesting agency shall file a written application
19 with the department on forms furnished by the department,
20 which includes a statement that the license plate will be used
21 for the Attorney General's Medicaid Fraud Control Unit, or law
22 enforcement or any state public defender's office activities
23 requiring concealment of publicly leased or owned motor
24 vehicles or vessels and a statement of the position
25 classifications of the individuals who are authorized to use
26 the license plate. The department may modify its records to
27 reflect the fictitious identity of the owner or lessee until
28 such time as the license plate and registration certificate
29 are surrendered to it.
30 (2) Except as provided in subsection (1), any motor
31 vehicle owned or exclusively operated by the state or any
40
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 county, municipality, or other governmental entity must at all
2 times display a license plate of the type prescribed in s.
3 320.0655. Any vessel owned or exclusively operated by the
4 state or any county, municipality, or other governmental
5 entity must at all times display a registration number as
6 required in s. 328.56 and a vessel decal as required in s.
7 328.48(5).
8 Section 18. Subsections (1) and (2) of section 320.05,
9 Florida Statutes, are amended read:
10 320.05 Records of the department; inspection
11 procedure; lists and searches; fees.--
12 (1) Except as provided in ss. s. 119.07(3) and
13 320.025(3), the department may release records as provided in
14 this section.
15 (2) Upon receipt of an application for the
16 registration of a motor vehicle, vessel, or mobile home, as
17 herein provided for, the department shall register the motor
18 vehicle, vessel, or mobile home under the distinctive number
19 assigned to such motor vehicle, vessel, or mobile home by the
20 department. Electronic registration records shall be open to
21 the inspection of the public during business hours.
22 Information on a motor vehicle or vessel registration may not
23 be made available to a person unless the person requesting the
24 information furnishes positive proof of identification. The
25 agency that furnishes a motor vehicle or vessel registration
26 record shall record the name and address of any person other
27 than a representative of a law enforcement agency who requests
28 and receives information from a motor vehicle or vessel
29 registration record and shall also record the name and address
30 of the person who is the subject of the inquiry or other
31 information identifying the entity about which information is
41
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 requested. A record of each such inquiry must be maintained
2 for a period of 6 months from the date upon which the
3 information was released to the inquirer. Nothing in this
4 section shall prohibit any financial institution, insurance
5 company, motor vehicle dealer, licensee under chapter 493,
6 attorney, or other agency which the department determines has
7 the right to know from obtaining, for professional or business
8 use only, information in such records from the department
9 through any means of telecommunication pursuant to a code
10 developed by the department providing all fees specified in
11 subsection (3) have been paid. The department shall disclose
12 records or information to the child support enforcement agency
13 to assist in the location of individuals who owe or
14 potentially owe child support or to whom such an obligation is
15 owed pursuant to Title IV-D of the Social Security Act.
16 Section 19. Subsection (5) of section 320.055, Florida
17 Statutes, is amended to read:
18 320.055 Registration periods; renewal periods.--The
19 following registration periods and renewal periods are
20 established:
21 (5) For a vehicle subject to apportioned registration
22 under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the
23 registration period shall be a period of 12 months beginning
24 in a month designated by the department and ending on the last
25 day of the 12th month. For a vehicle subject to this
26 registration period, the renewal period is the last month of
27 the registration period. The registration period may be
28 shortened or extended at the discretion of the department, on
29 receipt of the appropriate prorated fees, in order to evenly
30 distribute such registrations on a monthly basis. For vehicles
31 subject to registration other than apportioned under s.
42
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 320.08(4), (5)(a)1., (6)(b), or (14), the registration period
2 begins December 1 and ends November 30. The renewal period is
3 the 31-day period beginning December 1.
4 Section 20. Paragraphs (b) and (c) of subsection (1)
5 of section 320.06, Florida Statutes, are amended to read:
6 320.06 Registration certificates, license plates, and
7 validation stickers generally.--
8 (1)
9 (b) Registration license plates bearing a graphic
10 symbol and the alphanumeric system of identification shall be
11 issued for a 5-year period. At the end of said 5-year period,
12 upon renewal, the plate shall be replaced. The fee for such
13 replacement shall be $10, $2 of which shall be paid each year
14 before the plate is replaced, to be credited towards the next
15 $10 replacement fee. The fees shall be deposited into the
16 Highway Safety Operating Trust Fund. A credit or refund shall
17 not be given for any prior years' payments of such prorated
18 replacement fee when the plate is replaced or surrendered
19 before the end of the 5-year period. With each license plate,
20 there shall be issued a validation sticker showing the owner's
21 birth month, license plate number, and the year of expiration
22 or the appropriate renewal period if the owner is not a
23 natural person. The validation sticker is to be placed on the
24 upper right corner of the license plate. This validation
25 sticker shall be placed on the upper left corner of the
26 license plate and shall be issued one time during the life of
27 the license plate, or upon request when it has been damaged or
28 destroyed. There shall also be issued with each license plate
29 a serially numbered validation sticker showing the year of
30 expiration, which sticker shall be placed on the upper right
31 corner of the license plate. Such license plate and validation
43
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 stickers shall be issued based on the applicant's appropriate
2 renewal period. The registration period shall be a period of
3 12 months, and all expirations shall occur based on the
4 applicant's appropriate registration period. A vehicle with
5 an apportioned registration shall be issued an annual license
6 plate and a cab card that denote the declared gross vehicle
7 weight for each apportioned jurisdiction in which the vehicle
8 is authorized to operate.
9 (c) Registration license plates equipped with
10 validation stickers shall be valid for not more than 12 months
11 and shall expire at midnight on the last day of the
12 registration period. For each registration period after the
13 one in which the metal registration license plate is issued,
14 and until the license plate is required to be replaced, a
15 validation sticker showing the month and year of expiration
16 shall be issued upon payment of the proper license tax amount
17 and fees and shall be valid for not more than 12 months. When
18 license plates equipped with validation stickers are issued in
19 any month other than the owner's birth month or the designated
20 registration period for any other motor vehicle, the effective
21 date shall reflect the birth month or month and the year of
22 renewal. However, when a license plate or validation sticker
23 is issued for a period of less than 12 months, the applicant
24 shall pay the appropriate amount of license tax and the
25 applicable fee under the provisions of s. 320.14 in addition
26 to all other fees. Validation stickers issued for vehicles
27 taxed under the provisions of s. 320.08(6)(a), for any company
28 which owns 250 vehicles or more, or for semitrailers taxed
29 under the provisions of s. 320.08(5)(a), for any company which
30 owns 50 vehicles or more, may be placed on any vehicle in the
31 fleet so long as the vehicle receiving the validation sticker
44
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 has the same owner's name and address as the vehicle to which
2 the validation sticker was originally assigned.
3 Section 21. Paragraphs (h) and (i) are added to
4 subsection (2) of section 320.072, Florida Statutes, to read:
5 320.072 Additional fee imposed on certain motor
6 vehicle registration transactions.--
7 (1) A fee of $100 is imposed upon the initial
8 application for registration pursuant to s. 320.06 of every
9 motor vehicle classified in s. 320.08(2), (3), and (9)(c) and
10 (d).
11 (2) The fee imposed by subsection (1) shall not apply
12 to:
13 (h) Any license plate issued in the previous 10-year
14 period from the date the transaction is being processed.
15 (i) Any license plate issued to a vehicle taxed under
16 s. 320.08(2), (3), and (9)(c) or (d) at any time during the
17 previous 10-year period.
18 Section 22. Subsection (6) of section 320.0805,
19 Florida Statutes, is amended to read:
20 320.0805 Personalized prestige license plates.--
21 (6) A personalized prestige license plate shall be
22 issued for the exclusive continuing use of the applicant. An
23 exact duplicate of any plate may not be issued to any other
24 applicant during the same registration period. An exact
25 duplicate may not be issued for any succeeding year unless the
26 previous owner of a specific plate relinquishes it by failure
27 to apply for renewal or reissuance for 1 year following the
28 last year of issuance three consecutive annual registration
29 periods following the original year of issuance.
30 Section 23. Paragraph (c) of subsection (8) of section
31 320.08056, Florida Statutes, is amended to read:
45
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 320.08056 Specialty license plates.--
2 (8)
3 (c) The requirements of paragraph (a) shall not apply
4 to collegiate specialty license plates authorized in s.
5 320.08058(3), and (13), (21), and (26).
6 Section 24. Section 320.08062, Florida Statutes, is
7 amended to read:
8 320.08062 Audits and attestation required; annual use
9 fees of specialty license plates.--
10 (1)(a) All organizations that receive annual use fee
11 proceeds from the department are responsible for ensuring that
12 proceeds are used in accordance with ss. 320.08056 and
13 320.08058.
14 (b) All organizational recipients of any specialty
15 license plate annual use fee authorized in this chapter, not
16 otherwise subject to annual audit by the Office of the Auditor
17 General, shall submit an annual audit of the expenditures of
18 annual use fees and interest earned from these fees, to
19 determine if expenditures are being made in accordance with
20 the specifications outlined by law. The audit shall be
21 prepared by a certified public accountant licensed under
22 chapter 473 at that organizational recipient's expense. The
23 notes to the financial statements should state whether
24 expenditures were made in accordance with ss. 320.08056 and
25 320.08058.
26 (b)(c) Any organization not subject to In lieu of an
27 annual audit pursuant to s. 215.97 shall, any organization
28 receiving less than $25,000 in annual use fee proceeds
29 directly from the department, or from another state agency,
30 may annually attest report, under penalties of perjury, that
31 such proceeds were used in compliance with ss. 320.08056 and
46
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 320.08058. The attestation shall be made annually in a form
2 and format determined by the department.
3 (c)(d) Any organization subject to audit pursuant to
4 s. 215.97 shall submit an audit report in accordance with
5 rules promulgated by the Auditor General. The annual
6 attestation audit or report shall be submitted to the
7 department for review within 9 months 180 days after the end
8 of the organization's fiscal year.
9 (2) Within 90 days after receiving an organization's
10 audit or attestation report, the department shall determine
11 which recipients of revenues from specialty license plate
12 annual use fees have not complied with subsection (1). If the
13 department determines that an organization has not complied or
14 has failed to use the revenues in accordance with ss.
15 320.08056 and 320.08058, the department must discontinue the
16 distribution of the revenues to the organization until the
17 department determines that the organization has complied. If
18 an organization fails to comply within 12 months after the
19 annual use fee proceeds are withheld by the department, the
20 proceeds shall be deposited into the Highway Safety Operating
21 Trust Fund to offset department costs related to the issuance
22 of specialty license plates.
23 (3) The Auditor General and the department has have
24 the authority to examine all records pertaining to the use of
25 funds from the sale of specialty license plates.
26 Section 25. Subsection (1) of section 320.083, Florida
27 Statutes, is amended to read:
28 320.083 Amateur radio operators; special license
29 plates; fees.--
30 (1) A person who is the owner or lessee of an
31 automobile or truck for private use, a truck weighing not more
47
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 than 7,999 5,000 pounds, or a recreational vehicle as
2 specified in s. 320.08(9)(c) or (d), which is not used for
3 hire or commercial use; who is a resident of the state; and
4 who holds a valid official amateur radio station license
5 issued by the Federal Communications Commission shall be
6 issued a special license plate upon application, accompanied
7 by proof of ownership of such radio station license, and
8 payment of the following tax and fees:
9 (a) The license tax required for the vehicle, as
10 prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),
11 (c), (d), (e), or (f), or (9); and
12 (b) An initial additional fee of $5, and an additional
13 fee of $1.50 thereafter.
14 Section 26. Subsections (2) and (3) of section
15 320.089, Florida Statutes, are amended to read:
16 320.089 Members of National Guard and active United
17 States Armed Forces reservists; former prisoners of war;
18 survivors of Pearl Harbor; Purple Heart medal recipients;
19 special license plates; fee.--
20 (2) Each owner or lessee of an automobile or truck for
21 private use, truck weighing not more than 7,999 5,000 pounds,
22 or recreational vehicle as specified in s. 320.08(9)(c) or
23 (d), which is not used for hire or commercial use, who is a
24 resident of the state and who is a former prisoner of war, or
25 their unremarried surviving spouse, shall, upon application
26 therefor to the department, be issued a license plate as
27 provided in s. 320.06, on which license plate are stamped the
28 words "Ex-POW" followed by the serial number. Each application
29 shall be accompanied by proof that the applicant meets the
30 qualifications specified in paragraph (a) or paragraph (b).
31
48
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (a) A citizen of the United States who served as a
2 member of the Armed Forces of the United States or the armed
3 forces of a nation allied with the United States who was held
4 as a prisoner of war at such time as the Armed Forces of the
5 United States were engaged in combat, or their unremarried
6 surviving spouse, may be issued the special license plate
7 provided for in this subsection without payment of the license
8 tax imposed by s. 320.08.
9 (b) A person who was serving as a civilian with the
10 consent of the United States Government, or a person who was a
11 member of the Armed Forces of the United States who was not a
12 United States citizen and was held as a prisoner of war when
13 the Armed Forces of the United States were engaged in combat,
14 or their unremarried surviving spouse, may be issued the
15 special license plate provided for in this subsection upon
16 payment of the license tax imposed by s. 320.08.
17 (3) Each owner or lessee of an automobile or truck for
18 private use, truck weighing not more than 7,999 5,000 pounds,
19 or recreational vehicle as specified in s. 320.08(9)(c) or
20 (d), which is not used for hire or commercial use, who is a
21 resident of this state and who is the unremarried surviving
22 spouse of a recipient of the Purple Heart medal shall, upon
23 application therefor to the department, with the payment of
24 the required fees, be issued a license plate as provided in s.
25 320.06, on which license plate are stamped the words "Purple
26 Heart" and the likeness of the Purple Heart medal followed by
27 the serial number. Each application shall be accompanied by
28 proof that the applicant is the unremarried surviving spouse
29 of a recipient of the Purple Heart medal.
30 Section 27. Subsection (1) of section 320.18, Florida
31 Statutes, is amended to read:
49
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 320.18 Withholding registration.--
2 (1) The department may withhold the registration of
3 any motor vehicle or mobile home the owner of which has failed
4 to register it under the provisions of law for any previous
5 period or periods for which it appears registration should
6 have been made in this state, until the tax for such period or
7 periods is paid. The department may cancel any license plate
8 or fuel-use tax decal if the owner pays for the license plate,
9 fuel-use tax decal, or any tax liability, penalty, or interest
10 specified in chapter 207 by a dishonored check, or if the
11 vehicle owner or motor carrier has failed to pay a penalty for
12 a weight or safety violation issued by the Department of
13 Transportation Motor Carrier Compliance Office. The Department
14 of Transportation and the Department of Highway Safety and
15 Motor Vehicles may impound any commercial motor vehicle that
16 has a canceled license plate or fuel-use tax decal until the
17 tax liability, penalty, and interest specified in chapter 207,
18 the license tax, or the fuel-use decal fee, and applicable
19 administrative fees have been paid for by certified funds.
20 Section 28. Paragraph (c) of subsection (1) and
21 subsections (7) and (9) of section 320.27, Florida Statutes,
22 are amended to read:
23 320.27 Motor vehicle dealers.--
24 (1) DEFINITIONS.--The following words, terms, and
25 phrases when used in this section have the meanings
26 respectively ascribed to them in this subsection, except where
27 the context clearly indicates a different meaning:
28 (c) "Motor vehicle dealer" means any person engaged in
29 the business of buying, selling, or dealing in motor vehicles
30 or offering or displaying motor vehicles for sale at wholesale
31 or retail, or who may service and repair motor vehicles
50
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 pursuant to an agreement as defined in s. 320.60(1). Any
2 person who buys, sells, or deals in three or more motor
3 vehicles in any 12-month period or who offers or displays for
4 sale three or more motor vehicles in any 12-month period shall
5 be prima facie presumed to be engaged in such business. The
6 terms "selling" and "sale" include lease-purchase
7 transactions. A motor vehicle dealer may, at retail or
8 wholesale, sell a recreational vehicle as described in s.
9 320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of
10 a motor vehicle, provided such acquisition is incidental to
11 the principal business of being a motor vehicle dealer.
12 However, a motor vehicle dealer may not buy a recreational
13 vehicle for the purpose of resale unless licensed as a
14 recreational vehicle dealer pursuant to s. 320.771. A motor
15 vehicle dealer may apply for a certificate of title to a motor
16 vehicle required to be registered under s. 320.08(2)(b), (c),
17 and (d), using a manufacturer's statement of origin as
18 permitted by s. 319.23(1), only if such dealer is authorized
19 by a franchised agreement as defined in s. 320.60(1), to buy,
20 sell, or deal in such vehicle and is authorized by such
21 agreement to perform delivery and preparation obligations and
22 warranty defect adjustments on the motor vehicle; provided
23 this limitation shall not apply to recreational vehicles, van
24 conversions, or any other motor vehicle manufactured on a
25 truck chassis. The transfer of a motor vehicle by a dealer not
26 meeting these qualifications shall be titled as a used
27 vehicle. The classifications of motor vehicle dealers are
28 defined as follows:
29 1. "Franchised motor vehicle dealer" means any person
30 who engages in the business of repairing, servicing, buying,
31
51
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 selling, or dealing in motor vehicles pursuant to an agreement
2 as defined in s. 320.60(1).
3 2. "Independent motor vehicle dealer" means any person
4 other than a franchised or wholesale motor vehicle dealer who
5 engages in the business of buying, selling, or dealing in
6 motor vehicles, and who may service and repair motor vehicles.
7 3. "Wholesale motor vehicle dealer" means any person
8 who engages exclusively in the business of buying, selling, or
9 dealing in motor vehicles at wholesale or with motor vehicle
10 auctions. Such person shall be licensed to do business in this
11 state, shall not sell or auction a vehicle to any person who
12 is not a licensed dealer, and shall not have the privilege of
13 the use of dealer license plates. Any person who buys, sells,
14 or deals in motor vehicles at wholesale or with motor vehicle
15 auctions on behalf of a licensed motor vehicle dealer and as a
16 bona fide employee of such licensed motor vehicle dealer is
17 not required to be licensed as a wholesale motor vehicle
18 dealer. In such cases it shall be prima facie presumed that a
19 bona fide employer-employee relationship exists. A wholesale
20 motor vehicle dealer shall be exempt from the display
21 provisions of this section but shall maintain an office
22 wherein records are kept in order that those records may be
23 inspected.
24 4. "Motor vehicle auction" means any person offering
25 motor vehicles or recreational vehicles for sale to the
26 highest bidder where both sellers and buyers are licensed
27 motor vehicle dealers. Such person shall not sell a vehicle to
28 anyone other than a licensed motor vehicle dealer.
29 5. "Salvage motor vehicle dealer" means any person who
30 engages in the business of acquiring salvaged or wrecked motor
31 vehicles for the purpose of reselling them and their parts.
52
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1
2 The term "motor vehicle dealer" does not include persons not
3 engaged in the purchase or sale of motor vehicles as a
4 business who are disposing of vehicles acquired for their own
5 use or for use in their business or acquired by foreclosure or
6 by operation of law, provided such vehicles are acquired and
7 sold in good faith and not for the purpose of avoiding the
8 provisions of this law; persons engaged in the business of
9 manufacturing, selling, or offering or displaying for sale at
10 wholesale or retail no more than 25 trailers in a 12-month
11 period; public officers while performing their official
12 duties; receivers; trustees, administrators, executors,
13 guardians, or other persons appointed by, or acting under the
14 judgment or order of, any court; banks, finance companies, or
15 other loan agencies that acquire motor vehicles as an incident
16 to their regular business; motor vehicle brokers; and motor
17 vehicle rental and leasing companies that sell motor vehicles
18 to motor vehicle dealers licensed under this section. Vehicles
19 owned under circumstances described in this paragraph may be
20 disposed of at retail, wholesale, or auction, unless otherwise
21 restricted. A manufacturer of fire trucks, ambulances, or
22 school buses may sell such vehicles directly to governmental
23 agencies or to persons who contract to perform or provide
24 firefighting, ambulance, or school transportation services
25 exclusively to governmental agencies without processing such
26 sales through dealers if such fire trucks, ambulances, school
27 buses, or similar vehicles are not presently available through
28 motor vehicle dealers licensed by the department.
29 (7) CERTIFICATE OF TITLE REQUIRED.--For each used
30 motor vehicle in the possession of a licensee and offered for
31 sale by him or her, the licensee either shall have in his or
53
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 her possession or control a duly assigned certificate of title
2 from the owner in accordance with the provisions of chapter
3 319, from the time when the motor vehicle is delivered to the
4 licensee and offered for sale by him or her until it has been
5 disposed of by the licensee, or shall have reasonable indicia
6 of ownership or right of possession, or shall have made proper
7 application for a certificate of title or duplicate
8 certificate of title in accordance with the provisions of
9 chapter 319. A motor vehicle dealer may not sell or offer for
10 sale a vehicle in his or her possession unless the dealer
11 satisfies the requirements of this subsection. Reasonable
12 indicia of ownership shall include a duly assigned certificate
13 of title; in the case of a new motor vehicle, a manufacturer's
14 certificate of origin issued to or reassigned to the dealer; a
15 consignment contract between the owner and the dealer along
16 with a secure power of attorney from the owner to the dealer
17 authorizing the dealer to apply for a duplicate certificate of
18 title and assign the title on behalf of the owner; a court
19 order awarding title to the vehicle to the dealer; a salvage
20 certificate of title; a photocopy of a duly assigned
21 certificate of title being held by a financial institution as
22 collateral for a business loan of money to the dealer ("floor
23 plan"); a copy of a canceled check or other documentation
24 evidencing that an outstanding lien on a vehicle taken in
25 trade by a licensed dealer has been satisfied and that the
26 certificate of title will be, but has not yet been, received
27 by the dealer; a vehicle purchase order or installment
28 contract for a specific vehicle identifying that vehicle as a
29 trade-in on a replacement vehicle; or a duly executed odometer
30 disclosure statement as required by Title IV of the Motor
31 Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.
54
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.
2 100-561) and by 49 C.F.R. part 580 bearing the signatures of
3 the titled owners of a traded-in vehicle.
4 (9) DENIAL, SUSPENSION, OR REVOCATION.--The department
5 may deny, suspend, or revoke any license issued hereunder or
6 under the provisions of s. 320.77 or s. 320.771, upon proof
7 that a licensee has failed to comply with any of the following
8 provisions with sufficient frequency so as to establish a
9 pattern of wrongdoing on the part of the licensee:
10 (a) Willful violation of any other law of this state,
11 including chapter 319, this chapter, or ss. 559.901-559.9221,
12 which has to do with dealing in or repairing motor vehicles or
13 mobile homes or willful failure to comply with any
14 administrative rule promulgated by the department.
15 Additionally, in the case of used motor vehicles, the willful
16 violation of the federal law and rule in 15 U.S.C. s. 2304, 16
17 C.F.R. part 455, pertaining to the consumer sales window form.
18 (b) Commission of fraud or willful misrepresentation
19 in application for or in obtaining a license.
20 (c) Perpetration of a fraud upon any person as a
21 result of dealing in motor vehicles, including, without
22 limitation, the misrepresentation to any person by the
23 licensee of the licensee's relationship to any manufacturer,
24 importer, or distributor.
25 (d) Representation that a demonstrator is a new motor
26 vehicle, or the attempt to sell or the sale of a demonstrator
27 as a new motor vehicle without written notice to the purchaser
28 that the vehicle is a demonstrator. For the purposes of this
29 section, a "demonstrator," a "new motor vehicle," and a "used
30 motor vehicle" shall be defined as under s. 320.60.
31
55
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (e) Unjustifiable refusal to comply with a licensee's
2 responsibility under the terms of the new motor vehicle
3 warranty issued by its respective manufacturer, distributor,
4 or importer. However, if such refusal is at the direction of
5 the manufacturer, distributor, or importer, such refusal shall
6 not be a ground under this section.
7 (f) Misrepresentation or false, deceptive, or
8 misleading statements with regard to the sale or financing of
9 motor vehicles which any motor vehicle dealer has, or causes
10 to have, advertised, printed, displayed, published,
11 distributed, broadcast, televised, or made in any manner with
12 regard to the sale or financing of motor vehicles.
13 (g) Requirement by any motor vehicle dealer that a
14 customer or purchaser accept equipment on his or her motor
15 vehicle which was not ordered by the customer or purchaser.
16 (h) Requirement by any motor vehicle dealer that any
17 customer or purchaser finance a motor vehicle with a specific
18 financial institution or company.
19 (i) Failure by any motor vehicle dealer to provide a
20 customer or purchaser with an odometer disclosure statement
21 and a copy of any bona fide written, executed sales contract
22 or agreement of purchase connected with the purchase of the
23 motor vehicle purchased by the customer or purchaser.
24 (j) Failure of any motor vehicle dealer to comply with
25 the terms of any bona fide written, executed agreement,
26 pursuant to the sale of a motor vehicle.
27 (k) Requirement by the motor vehicle dealer that the
28 purchaser of a motor vehicle contract with the dealer for
29 physical damage insurance.
30 (l) Violation of any of the provisions of s. 319.35 by
31 any motor vehicle dealer.
56
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (m) Either a history of bad credit or an unfavorable
2 credit rating as revealed by the applicant's official credit
3 report or by investigation by the department.
4 (n) Failure to disclose damage to a new motor vehicle
5 as defined in s. 320.60(10) of which the dealer had actual
6 knowledge if the dealer's actual cost of repair, excluding
7 tires, bumpers, and glass, exceeds 3 percent of the
8 manufacturer's suggested retail price; provided, however, if
9 only the application of exterior paint is involved, disclosure
10 shall be made if such touch-up paint application exceeds $100.
11 (o) Failure to apply for transfer of a title as
12 prescribed in s. 319.23(6).
13 (p) Use of the dealer license identification number by
14 any person other than the licensed dealer or his or her
15 designee.
16 (q) Conviction of a felony.
17 (r) Failure to continually meet the requirements of
18 the licensure law.
19 (s) A person who has been When a motor vehicle dealer
20 is convicted of a crime, infraction, or violation as set forth
21 in paragraph (g) which results in his or her being prohibited
22 from continuing in that capacity, the dealer may not serve
23 continue in any capacity within the industry. Such person The
24 offender shall have no financial interest, management, sales,
25 or other role in the operation of a dealership. Further, the
26 person offender may not derive income from the dealership
27 beyond reasonable compensation for the sale of his or her
28 ownership interest in the business. The license or application
29 of any dealership in which such person has an interest or
30 plays a role in violation of this subsection shall be denied
31 or revoked, as the case may be.
57
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (t) Representation to a customer or any advertisement
2 to the general public representing or suggesting that a motor
3 vehicle is a new motor vehicle if such vehicle lawfully cannot
4 be titled in the name of the customer or other member of the
5 general public by the seller using a manufacturer's statement
6 of origin as permitted in s. 319.23(1).
7 (u) Failure to honor a bank draft or check given to a
8 motor vehicle dealer for the purchase of a motor vehicle by
9 another motor vehicle dealer within 10 days after notification
10 that the bank draft or check has been dishonored. A single
11 violation of this paragraph is sufficient for revocation or
12 suspension. If the transaction is disputed, the maker of the
13 bank draft or check shall post a bond in accordance with the
14 provisions of s. 559.917, and no proceeding for revocation or
15 suspension shall be commenced until the dispute is resolved.
16 (v) Sale by a motor vehicle dealer of a vehicle
17 offered in trade by a customer prior to consummation of the
18 sale, exchange, or transfer of a newly acquired vehicle to the
19 customer, unless the customer provides written authorization
20 for the sale of the trade-in vehicle prior to delivery of the
21 newly acquired vehicle.
22 Section 29. Subsection (24) is added to section
23 320.64, Florida Statutes, to read:
24 320.64 Denial, suspension, or revocation of license;
25 grounds.--A license may be denied, suspended, or revoked
26 within the entire state or at any specific location or
27 locations within the state at which the applicant or licensee
28 engages or proposes to engage in business, upon proof that an
29 applicant or licensee has failed to comply with any of the
30 following provisions with sufficient frequency so as to
31
58
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 establish a pattern of wrongdoing on the part of the
2 applicant:
3 (24) The applicant or licensee has, directly or
4 indirectly, competed with a motor vehicle dealer of the same
5 line-make located in this state with which the applicant or
6 licensee has entered into a franchise agreement, except as
7 permitted in s. 320.645.
8
9 A motor vehicle dealer who can demonstrate that a violation
10 of, or failure to comply with, any of the preceding provisions
11 by an applicant or licensee will or can adversely and
12 pecuniarily affect the complaining dealer, shall be entitled
13 to pursue all of the remedies, procedures, and rights of
14 recovery available under ss. 320.695 and 320.697.
15 Section 30. Section 320.691, Florida Statutes, is
16 created to read:
17 320.691 Automobile Dealers Industry Advisory Board.--
18 (1) AUTOMOBILE DEALERS INDUSTRY ADVISORY BOARD.--The
19 Automobile Dealers Industry Advisory Board is created within
20 the Department of Highway Safety and Motor Vehicles. The board
21 shall make recommendations on proposed legislation, make
22 recommendations on proposed rules and procedures, present
23 licensed motor vehicle industry dealer issues to the
24 department for its consideration, consider any matters
25 relating to the motor vehicle industry presented to it by the
26 department, and submit an annual report to the Executive
27 Director of the department and file copies with the Governor,
28 President of the Senate, and the Speaker of the House of
29 Representatives.
30 (2) MEMBERSHIP, TERMS, MEETINGS.--
31
59
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (a) The board shall be composed of 12 members. The
2 Executive Director of the Department of Highway Safety and
3 Motor Vehicles shall appoint the members from names submitted
4 by the entities for the designated categories the member will
5 represent. The Executive Director shall appoint one
6 representative of the Department of Highway Safety and Motor
7 Vehicles, who must represent the Division of Motor Vehicles;
8 two representatives of the independent motor vehicle industry
9 as recommended by the Florida Independent Automobile Dealers
10 Association; two representatives of the franchise motor
11 vehicle industry as recommended by the Florida Automobile
12 Dealers Association; one representative of the auction motor
13 vehicle industry who is from an auction chain and is
14 recommended by a group affiliated with the National Auto
15 Auction Association; one representative of the auction motor
16 vehicle industry who is from an independent auction and is
17 recommended by a group affiliated with the National Auto
18 Auction Association; one representative from the Department of
19 Revenue; a Florida Tax Collector representative recommended by
20 the Florida Tax Collectors Association; one representative
21 from the Better Business Bureau; one representative from the
22 Department of Agriculture and Consumer Services, who must
23 represent the Division of Consumer Services; and one
24 representative of the insurance industry who writes motor
25 vehicle dealer surety bonds.
26 (b)1. The Executive Director shall appoint the
27 following initial members to 1-year terms: one representative
28 from the motor vehicle auction industry who represents an
29 auction chain, one representative from the independent motor
30 vehicle industry, one representative from the franchise motor
31 vehicle industry, one representative from the Department of
60
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 Revenue, one Florida Tax Collector, and one representative
2 from the Better Business Bureau.
3 2. The Executive Director shall appoint the following
4 initial members to 2-year terms: one representative from the
5 motor vehicle auction industry who represents an independent
6 auction, one representative from the independent motor vehicle
7 industry, one representative from the franchise motor vehicle
8 industry, one representative from the Division of Consumer
9 Services, one representative from the insurance industry, and
10 one representative from the Division of Motor Vehicles.
11 3. As the initial terms expire, the Executive Director
12 shall appoint successors from the same designated category for
13 terms of 2 years. If renominated, a member may succeed himself
14 or herself.
15 4. The board shall appoint a chair and vice chair at
16 its initial meeting and every 2 years thereafter.
17 (c) The board shall meet at least two times per year.
18 Meetings may be called by the chair of the board or by the
19 Executive Director of the department. One meeting shall be
20 held in the fall of the year to review legislative proposals.
21 The board shall conduct all meetings in accordance with
22 applicable Florida Statutes and shall keep minutes of all
23 meetings. Meetings may be held in locations around the state
24 in department facilities or in other appropriate locations.
25 (3) PER DIEM, TRAVEL, AND STAFFING.--Members of the
26 board from the private sector are not entitled to per diem or
27 reimbursement for travel expenses. However, members of the
28 board from the public sector are entitled to reimbursement, if
29 any, from their respective agency. Members of the board may
30 request assistance from the Department of Highway Safety and
31 Motor Vehicles as necessary.
61
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 Section 31. Subsection (26) of section 322.01, Florida
2 Statutes, is amended to read:
3 322.01 Definitions.--As used in this chapter:
4 (26) "Motor vehicle" means any self-propelled vehicle,
5 including a motor vehicle combination, not operated upon rails
6 or guideway, excluding vehicles moved solely by human power,
7 motorized wheelchairs, motorized scooters, and motorized
8 bicycles as defined in s. 316.003.
9 Section 32. Subsection (4) of section 322.05, Florida
10 Statutes, is amended to read:
11 322.05 Persons not to be licensed.--The department may
12 not issue a license:
13 (4) Except as provided by this subsection, to any
14 person, as a Class A licensee, Class B licensee, Class C
15 licensee, or Class D licensee, who is under the age of 18
16 years. A person age 16 or 17 years who applies for a Class D
17 driver's license is subject to all the requirements and
18 provisions of ss. 322.05(2)(a) and (b), 322.09, and 322.16(2)
19 and (3). Any person who applies for a Class D driver's license
20 who is age 16 or 17 years must have had a learner's driver's
21 license or a driver's license for at least 90 days before he
22 or she is eligible to receive a Class D driver's license. The
23 department may require of any such applicant for a Class D
24 driver's license such examination of the qualifications of the
25 applicant as the department considers proper, and the
26 department may limit the use of any license granted as it
27 considers proper.
28 Section 33. Subsections (5), (6), and (7) of section
29 322.081, Florida Statutes, are amended to read:
30 322.081 Requests to establish voluntary checkoff on
31 driver's license application.--
62
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (5) A voluntary contribution collected and distributed
2 under this chapter, or any interest earned from those
3 contributions, may not be used for commercial or for-profit
4 activities nor for general or administrative expenses, except
5 as authorized by law, or to pay the cost of the audit or
6 report required by law.
7 (a) All organizations that receive annual use fee
8 proceeds from the department are responsible for ensuring that
9 proceeds are used in accordance with law.
10 (b) All organizational recipients of any voluntary
11 contributions in excess of $15,000, not otherwise subject to
12 annual audit by the Office of the Auditor General, shall
13 submit an annual audit of the expenditures of these
14 contributions and interest earned from these contributions, to
15 determine if expenditures are being made in accordance with
16 the specifications outlined by law. The audit shall be
17 prepared by a certified public accountant licensed under
18 chapter 473 at that organizational recipient's expense. The
19 notes to the financial statements should state whether
20 expenditures were made in accordance with law.
21 (b)(c) Any organization not subject to In lieu of an
22 annual audit, pursuant to s. 215.97 shall any organization
23 receiving less than $15,000 in voluntary contributions
24 directly from the department may annually attest report, under
25 penalties of perjury, that such proceeds were used in
26 compliance with law. The attestation shall be made annually in
27 a form and format determined by the department.
28 (c)(d) Any voluntary contributions authorized by law
29 shall only be distributed to an organization under an
30 appropriation by the Legislature.
31
63
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (d)(e) Any organization subject to audit pursuant to
2 s. 215.97 shall submit an audit report in accordance with
3 rules promulgated by the Auditor General. The annual
4 attestation audit or report must be submitted to the
5 department for review within 9 months 180 days after the end
6 of the organization's fiscal year.
7 (6) Within 90 days after receiving an organization's
8 audit or attestation report, the department shall determine
9 which recipients have not complied with subsection (5). If
10 the department determines that an organization has not
11 complied or has failed to use the revenues in accordance with
12 law, the department must discontinue the distribution of the
13 revenues to the organization until the department determines
14 that the organization has complied. If an organization fails
15 to comply within 12 months after the voluntary contributions
16 are withheld by the department, the proceeds shall be
17 deposited into the Highway Safety Operating Trust Fund to
18 offset department costs.
19 (7) The Auditor General and the department has have
20 the authority to examine all records pertaining to the use of
21 funds from the voluntary contributions authorized.
22 Section 34. Subsections (2) and (3) of section
23 322.126, Florida Statutes, are amended to read:
24 322.126 Report of disability to department; content;
25 use.--
26 (2) Any physician, health care professional, person,
27 or agency, or two family members having knowledge of any
28 licensed driver's or applicant's mental or physical disability
29 to drive or need to obtain or to wear a medical identification
30 bracelet is authorized to report such knowledge to the
31 Department of Highway Safety and Motor Vehicles. A person may
64
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 report a driver to any law enforcement agency in a sworn
2 statement. The law enforcement agency may investigate the
3 basis of the report and determine if the driver should be
4 reported to the department. The report should be made in
5 writing giving the full name, date of birth, address, and a
6 description of the alleged disability of any person over 15
7 years of age having mental or physical disorders that could
8 affect his or her driving ability.
9 (3) The reports authorized by this section shall be
10 confidential and exempt from the provisions of s. 119.07(1)
11 and shall be used solely for the purpose of determining the
12 qualifications of any person to operate a motor vehicle on the
13 highways of this state. No civil or criminal action may be
14 brought against any physician, person, or agency that who
15 provides the information required herein.
16 Section 35. Section 322.222, Florida Statutes, is
17 created to read:
18 322.222 Right to review.--A driver may request an
19 administrative hearing to review a revocation pursuant to s.
20 322.221(3). The hearing shall be held in accordance with the
21 department's administrative rules that the department shall
22 have promulgated pursuant to chapter 120.
23 Section 36. Subsection (7) of section 322.25, Florida
24 Statutes, is amended to read:
25 322.25 When court to forward license to department and
26 report convictions; temporary reinstatement of driving
27 privileges.--
28 (7) Any licensed driver convicted of driving, or being
29 in the actual physical control of, a vehicle within this state
30 while under the influence of alcoholic beverages, any chemical
31 substance set forth in s. 877.111, or any substance controlled
65
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 under chapter 893, when affected to the extent that his or her
2 normal faculties are impaired, and whose license and driving
3 privilege have been revoked as provided in subsection (1) may
4 be issued a court order for reinstatement of a driving
5 privilege on a temporary basis; provided that, as a part of
6 the penalty, upon conviction, the defendant is required to
7 enroll in and complete a driver improvement course for the
8 rehabilitation of drinking drivers and the driver is otherwise
9 eligible for reinstatement of the driving privilege as
10 provided by s. 322.282. The court order for reinstatement
11 shall be on a form provided by the department and must be
12 taken by the person convicted to a Florida driver's license
13 examining office, where a temporary driving permit may be
14 issued. The period of time for which a temporary permit issued
15 in accordance with this subsection is valid shall be deemed to
16 be part of the period of revocation imposed by the court.
17 Section 37. Subsections (1), (3), and (10) of section
18 322.2615, Florida Statutes, are amended to read:
19 322.2615 Suspension of license; right to review.--
20 (1)(a) A law enforcement officer or correctional
21 officer shall, on behalf of the department, suspend the
22 driving privilege of a person who has been arrested by a law
23 enforcement officer for a violation of s. 316.193, relating to
24 unlawful blood-alcohol level or breath-alcohol level, or of a
25 person who has refused to submit to a breath, urine, or blood
26 test authorized by s. 316.1932. The officer shall take the
27 person's driver's license and issue the person a 10-day 30-day
28 temporary permit if the person is otherwise eligible for the
29 driving privilege and shall issue the person a notice of
30 suspension. If a blood test has been administered, the results
31 of which are not available to the officer at the time of the
66
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 arrest, the agency employing the officer shall transmit such
2 results to the department within 5 days after receipt of the
3 results. If the department then determines that the person
4 was arrested for a violation of s. 316.193 and that the person
5 had a blood-alcohol level or breath-alcohol level of 0.08 or
6 higher, the department shall suspend the person's driver's
7 license pursuant to subsection (3).
8 (b) The suspension under paragraph (a) shall be
9 pursuant to, and the notice of suspension shall inform the
10 driver of, the following:
11 1.a. The driver refused to submit to a lawful breath,
12 blood, or urine test and his or her driving privilege is
13 suspended for a period of 1 year for a first refusal or for a
14 period of 18 months if his or her driving privilege has been
15 previously suspended as a result of a refusal to submit to
16 such a test; or
17 b. The driver violated s. 316.193 by driving with an
18 unlawful blood-alcohol level as provided in that section and
19 his or her driving privilege is suspended for a period of 6
20 months for a first offense or for a period of 1 year if his or
21 her driving privilege has been previously suspended for a
22 violation of s. 316.193.
23 2. The suspension period shall commence on the date of
24 arrest or issuance of the notice of suspension, whichever is
25 later.
26 3. The driver may request a formal or informal review
27 of the suspension by the department within 10 days after the
28 date of arrest or issuance of the notice of suspension,
29 whichever is later.
30 4. The temporary permit issued at the time of arrest
31 will expire at midnight of the 10th 30th day following the
67
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 date of arrest or issuance of the notice of suspension,
2 whichever is later.
3 5. The driver may submit to the department any
4 materials relevant to the arrest.
5 (3) If the department determines that the license of
6 the person arrested should be suspended pursuant to this
7 section and if the notice of suspension has not already been
8 served upon the person by a law enforcement officer or
9 correctional officer as provided in subsection (1), the
10 department shall issue a notice of suspension and, unless the
11 notice is mailed pursuant to s. 322.251, a temporary permit
12 which expires 10 30 days after the date of issuance if the
13 driver is otherwise eligible.
14 (10) A person whose driver's license is suspended
15 under subsection (1) or subsection (3) may apply for issuance
16 of a license for business or employment purposes only if the
17 person is otherwise eligible for the driving privilege
18 pursuant to s. 322.271.
19 (a) If the suspension of the driver's license of the
20 person for failure to submit to a breath, urine, or blood test
21 is sustained, the person is not eligible to receive a license
22 for business or employment purposes only, pursuant to s.
23 322.271, until 90 days have elapsed after the expiration of
24 the last temporary permit issued. If the driver is not issued
25 a 10-day 30-day permit pursuant to this section or s. 322.64
26 because he or she is ineligible for the permit and the
27 suspension for failure to submit to a breath, urine, or blood
28 test is not invalidated by the department, the driver is not
29 eligible to receive a business or employment license pursuant
30 to s. 322.271 until 90 days have elapsed from the date of the
31 suspension.
68
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (b) If the suspension of the driver's license of the
2 person arrested for a violation of s. 316.193, relating to
3 unlawful blood-alcohol level, is sustained, the person is not
4 eligible to receive a license for business or employment
5 purposes only pursuant to s. 322.271 until 30 days have
6 elapsed after the expiration of the last temporary permit
7 issued. If the driver is not issued a 10-day 30-day permit
8 pursuant to this section or s. 322.64 because he or she is
9 ineligible for the permit and the suspension for a violation
10 of s. 316.193, relating to unlawful blood-alcohol level, is
11 not invalidated by the department, the driver is not eligible
12 to receive a business or employment license pursuant to s.
13 322.271 until 30 days have elapsed from the date of the
14 arrest.
15 Section 38. Subsection (5) of section 322.27, Florida
16 Statutes, is amended to read:
17 322.27 Authority of department to suspend or revoke
18 license.--
19 (5) The department shall revoke the license of any
20 person designated a habitual offender, as set forth in s.
21 322.264, and such person shall not be eligible to be
22 relicensed for a minimum of 5 years from the date of
23 revocation, except as provided for in s. 322.271. Any person
24 whose license is revoked may, by petition to the department,
25 show cause why his or her license should not be revoked.
26 Section 39. Subsection (2) of section 322.28, Florida
27 Statutes, is amended to read:
28 322.28 Period of suspension or revocation.--
29 (2) In a prosecution for a violation of s. 316.193 or
30 former s. 316.1931, the following provisions apply:
31
69
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (a) Upon conviction of the driver, the court, along
2 with imposing sentence, shall revoke the driver's license or
3 driving privilege of the person so convicted, effective on the
4 date of conviction, and shall prescribe the period of such
5 revocation in accordance with the following provisions:
6 1. Upon a first conviction for a violation of the
7 provisions of s. 316.193, except a violation resulting in
8 death, the driver's license or driving privilege shall be
9 revoked for not less than 180 days or more than 1 year.
10 2. Upon a second conviction within a period of 5 years
11 from the date of a prior conviction for a violation of the
12 provisions of s. 316.193 or former s. 316.1931 or a
13 combination of such sections, the driver's license or driving
14 privilege shall be revoked for not less than 5 years.
15 3. Upon a third conviction within a period of 10 years
16 from the date of conviction of the first of three or more
17 convictions for the violation of the provisions of s. 316.193
18 or former s. 316.1931 or a combination of such sections, the
19 driver's license or driving privilege shall be revoked for not
20 less than 10 years.
21
22 For the purposes of this paragraph, a previous conviction
23 outside this state for driving under the influence, driving
24 while intoxicated, driving with an unlawful blood-alcohol
25 level, or any other alcohol-related or drug-related traffic
26 offense similar to the offense of driving under the influence
27 as proscribed by s. 316.193 will be considered a previous
28 conviction for violation of s. 316.193, and a conviction for
29 violation of former s. 316.028, former s. 316.1931, or former
30 s. 860.01 is considered a conviction for violation of s.
31 316.193.
70
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (b) If the period of revocation was not specified by
2 the court at the time of imposing sentence or within 30 days
3 thereafter, and is not otherwise specified by law, the
4 department shall forthwith revoke the driver's license or
5 driving privilege for the maximum period applicable under
6 paragraph (a) for a first conviction and for the minimum
7 period applicable under paragraph (a) for any subsequent
8 convictions. The driver may, within 30 days after such
9 revocation by the department, petition the court for further
10 hearing on the period of revocation, and the court may reopen
11 the case and determine the period of revocation within the
12 limits specified in paragraph (a).
13 (c) The forfeiture of bail bond, not vacated within 20
14 days, in any prosecution for the offense of driving while
15 under the influence of alcoholic beverages, chemical
16 substances, or controlled substances to the extent of
17 depriving the defendant of his or her normal faculties shall
18 be deemed equivalent to a conviction for the purposes of this
19 paragraph, and the department shall forthwith revoke the
20 defendant's driver's license or driving privilege for the
21 maximum period applicable under paragraph (a) for a first
22 conviction and for the minimum period applicable under
23 paragraph (a) for a second or subsequent conviction; however,
24 if the defendant is later convicted of the charge, the period
25 of revocation imposed by the department for such conviction
26 shall not exceed the difference between the applicable maximum
27 for a first conviction or minimum for a second or subsequent
28 conviction and the revocation period under this subsection
29 that has actually elapsed; upon conviction of such charge, the
30 court may impose revocation for a period of time as specified
31 in paragraph (a). This paragraph does not apply if an
71
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 appropriate motion contesting the forfeiture is filed within
2 the 20-day period.
3 (d) When any driver's license or driving privilege has
4 been revoked pursuant to the provisions of this section, the
5 department shall not grant a new license, except upon
6 reexamination of the licensee after the expiration of the
7 period of revocation so prescribed. However, the court may,
8 in its sound discretion, issue an order of reinstatement on a
9 form furnished by the department which the person may take to
10 any driver's license examining office for reinstatement by the
11 department pursuant to s. 322.282.
12 (d)(e) The court shall permanently revoke the driver's
13 license or driving privilege of a person who has been
14 convicted four times for violation of s. 316.193 or former s.
15 316.1931 or a combination of such sections. The court shall
16 permanently revoke the driver's license or driving privilege
17 of any person who has been convicted of DUI manslaughter in
18 violation of s. 316.193. If the court has not permanently
19 revoked such driver's license or driving privilege within 30
20 days after imposing sentence, the department shall permanently
21 revoke the driver's license or driving privilege pursuant to
22 this paragraph. No driver's license or driving privilege may
23 be issued or granted to any such person. This paragraph
24 applies only if at least one of the convictions for violation
25 of s. 316.193 or former s. 316.1931 was for a violation that
26 occurred after July 1, 1982. For the purposes of this
27 paragraph, a conviction for violation of former s. 316.028,
28 former s. 316.1931, or former s. 860.01 is also considered a
29 conviction for violation of s. 316.193. Also, a conviction of
30 driving under the influence, driving while intoxicated,
31 driving with an unlawful blood-alcohol level, or any other
72
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 similar alcohol-related or drug-related traffic offense
2 outside this state is considered a conviction for the purposes
3 of this paragraph.
4 Section 40. Section 322.282, Florida Statutes, is
5 repealed.
6 Section 41. Subsection (3) is added to section
7 322.292, Florida Statutes, to read:
8 322.292 DUI programs supervision; powers and duties of
9 the department.--
10 (3) DUI programs shall be either governmental programs
11 or not-for-profit corporations.
12 Section 42. Section 322.331, Florida Statutes, is
13 repealed.
14 Section 43. Subsections (8), (9), and (10) are added
15 to section 322.61, Florida Statutes, to read:
16 322.61 Disqualification from operating a commercial
17 motor vehicle.--
18 (8) A driver who is convicted of violating an
19 out-of-service order while driving a commercial motor vehicle
20 is disqualified as follows:
21 (a) Not less than 90 days nor more than 1 year if the
22 driver is convicted of a first violation of an out-of-service
23 order.
24 (b) Not less than 1 year nor more than 5 years if,
25 during any 10-year period, the driver is convicted of two
26 violations of out-of-service orders in separate incidents.
27 (c) Not less than 3 years nor more than 5 years if,
28 during any 10-year period, the driver is convicted of three or
29 more violations of out-of-service orders in separate
30 incidents.
31
73
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (d) Not less than 180 days nor more than 2 years if
2 the driver is convicted of a first violation of an
3 out-of-service order while transporting hazardous materials
4 required to be placarded under the Hazardous Materials
5 Transportation Act, 49 U.S.C. 5101 et. seq., or while
6 operating motor vehicles designed to transport more than 15
7 passengers, including the driver. A driver is disqualified
8 for a period of not less than 3 years nor more than 5 years
9 if, during any 10-year period, the driver is convicted of any
10 subsequent violations of out-of-service orders, in separate
11 incidents, while transporting hazardous materials required to
12 be placarded under the Hazardous Materials Transportation Act,
13 49 U.S.C. 5101 et. seq., or while operating motor vehicles
14 designed to transport more than 15 passengers, including the
15 driver.
16 (9) A driver who is convicted of operating a CMV in
17 violation of Federal, State, or local law or regulation
18 pertaining to one of the following six offenses at a
19 railroad-highway grade crossing must be disqualified for the
20 period of time specified in subsection (10):
21 (a) For drivers who are not always required to stop,
22 failing to slow down and check that the tracks are clear of
23 approaching trains;
24 (b) For drivers who are not always required to stop,
25 failing to stop before reaching the crossing if the tracks are
26 not clear;
27 (c) For drivers who are always required to stop,
28 failing to stop before driving onto the crossing;
29 (d) For all drivers, failing to have sufficient space
30 to drive completely through the crossing without stopping;
31
74
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (e) For all drivers, failing to obey a traffic control
2 device or all the directions of an enforcement official at the
3 crossing;
4 (f) For all drivers, failing to negotiate a crossing
5 because of insufficient undercarriage clearance;
6 (10)(a) A driver must be disqualified for not less
7 than 60 days if the driver is convicted of a first violation
8 of a railroad-highway grade crossing violation.
9 (b) A driver must be disqualified for not less than
10 120 days if, during any 3-year period, the driver is convicted
11 of a second railroad-highway grade crossing violation in
12 separate incidents.
13 (c) A driver must be disqualified for not less than 1
14 year if, during any 3-year period, the driver is convicted of
15 a third or subsequent railroad-highway grade crossing
16 violation in separate incidents.
17 Section 44. Subsections (1) and (3) of section 322.64,
18 Florida Statutes, are amended to read:
19 322.64 Holder of commercial driver's license; driving
20 with unlawful blood-alcohol level; refusal to submit to
21 breath, urine, or blood test.--
22 (1)(a) A law enforcement officer or correctional
23 officer shall, on behalf of the department, disqualify from
24 operating any commercial motor vehicle a person who while
25 operating or in actual physical control of a commercial motor
26 vehicle is arrested for a violation of s. 316.193, relating to
27 unlawful blood-alcohol level or breath-alcohol level, or a
28 person who has refused to submit to a breath, urine, or blood
29 test authorized by s. 322.63 arising out of the operation or
30 actual physical control of a commercial motor vehicle. Upon
31 disqualification of the person, the officer shall take the
75
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 person's driver's license and issue the person a 10-day 30-day
2 temporary permit if the person is otherwise eligible for the
3 driving privilege and shall issue the person a notice of
4 disqualification. If the person has been given a blood,
5 breath, or urine test, the results of which are not available
6 to the officer at the time of the arrest, the agency employing
7 the officer shall transmit such results to the department
8 within 5 days after receipt of the results. If the department
9 then determines that the person was arrested for a violation
10 of s. 316.193 and that the person had a blood-alcohol level or
11 breath-alcohol level of 0.08 or higher, the department shall
12 disqualify the person from operating a commercial motor
13 vehicle pursuant to subsection (3).
14 (b) The disqualification under paragraph (a) shall be
15 pursuant to, and the notice of disqualification shall inform
16 the driver of, the following:
17 1.a. The driver refused to submit to a lawful breath,
18 blood, or urine test and he or she is disqualified from
19 operating a commercial motor vehicle for a period of 1 year,
20 for a first refusal, or permanently, if he or she has
21 previously been disqualified as a result of a refusal to
22 submit to such a test; or
23 b. The driver violated s. 316.193 by driving with an
24 unlawful blood-alcohol level and he or she is disqualified
25 from operating a commercial motor vehicle for a period of 6
26 months for a first offense or for a period of 1 year if he or
27 she has previously been disqualified, or his or her driving
28 privilege has been previously suspended, for a violation of s.
29 316.193.
30
31
76
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 2. The disqualification period shall commence on the
2 date of arrest or issuance of notice of disqualification,
3 whichever is later.
4 3. The driver may request a formal or informal review
5 of the disqualification by the department within 10 days after
6 the date of arrest or issuance of notice of disqualification,
7 whichever is later.
8 4. The temporary permit issued at the time of arrest
9 or disqualification will expire at midnight of the 10th 30th
10 day following the date of disqualification.
11 5. The driver may submit to the department any
12 materials relevant to the arrest.
13 (3) If the department determines that the person
14 arrested should be disqualified from operating a commercial
15 motor vehicle pursuant to this section and if the notice of
16 disqualification has not already been served upon the person
17 by a law enforcement officer or correctional officer as
18 provided in subsection (1), the department shall issue a
19 notice of disqualification and, unless the notice is mailed
20 pursuant to s. 322.251, a temporary permit which expires 10 30
21 days after the date of issuance if the driver is otherwise
22 eligible.
23 Section 45. Section 324.091, Florida Statutes, is
24 amended to read:
25 324.091 Notice to department; notice to insurer.--
26 (1) Each owner and operator involved in a crash or
27 conviction case within the purview of this chapter shall
28 furnish evidence of automobile liability insurance, motor
29 vehicle liability insurance, or surety bond within 30 days
30 from the date of the mailing of notice of crash by the
31 department in such form and manner as it may designate. Upon
77
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 receipt of evidence that an automobile liability policy, motor
2 vehicle liability policy, or surety bond was in effect at the
3 time of the crash or conviction case, the department shall
4 forward by United States mail, postage prepaid, to the insurer
5 or surety insurer a copy of such information and shall assume
6 that such policy or bond was in effect unless the insurer or
7 surety insurer shall notify the department otherwise within 20
8 days from the mailing of the notice to the insurer or surety
9 insurer; provided that if the department shall later ascertain
10 that an automobile liability policy, motor vehicle liability
11 policy, or surety bond was not in effect and did not provide
12 coverage for both the owner and the operator, it shall at such
13 time take such action as it is otherwise authorized to do
14 under this chapter. Proof of mailing to the insurer or surety
15 insurer may be made by the department by naming the insurer or
16 surety insurer to whom such mailing was made and specifying
17 the time, place and manner of mailing.
18 (2) Each insurer doing business in this state shall
19 immediately give notice to the department of each motor
20 vehicle liability policy when issued to effect the return of a
21 license which has been suspended under s. 324.051(2); and said
22 notice shall be upon such form and in such manner as the
23 department may designate.
24 (3) Electronic access to the vehicle insurer
25 information maintained in the department's vehicle database
26 may be provided by an approved third-party provider to
27 insurers, lawyers, and financial institutions in compliance
28 with s. 627.736(9)(a) and for subrogation and claims purposes
29 only. The compilation and retention of this information is
30 strictly prohibited.
31
78
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 Section 46. Paragraph (b) of subsection (3) of section
2 328.01, Florida Statutes, is amended to read:
3 328.01 Application for certificate of title.--
4 (3)
5 (b) If the application for transfer of title is based
6 upon a contractual default, the recorded lienholder shall
7 establish proof of right to ownership by submitting with the
8 application the original certificate of title and a copy of
9 the applicable contract upon which the claim of ownership is
10 made. If the claim is based upon a court order or judgment, a
11 copy of such document shall accompany the application for
12 transfer of title. If, on the basis of departmental records,
13 there appears to be any other lien on the vessel, the
14 certificate of title must contain a statement of such a lien,
15 unless the application for a certificate of title is either
16 accompanied by proper evidence of the satisfaction or
17 extinction of the lien or contains a statement certifying that
18 any lienholder named on the last-issued certificate of title
19 has been sent notice by certified mail, at least 5 days before
20 the application was filed, of the applicant's intention to
21 seek a repossessed title. If such notice is given and no
22 written protest to the department is presented by a subsequent
23 lienholder within 15 days after the date on which the notice
24 was mailed, the certificate of title shall be issued showing
25 no liens. If the former owner or any subsequent lienholder
26 files a written protest under oath within the 15-day period,
27 the department shall not issue the repossessed certificate for
28 10 days thereafter. If, within the 10-day period, no
29 injunction or other order of a court of competent jurisdiction
30 has been served on the department commanding it not to deliver
31 the certificate, the department shall deliver the repossessed
79
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 certificate to the applicant, or as is otherwise directed in
2 the application, showing no other liens than those shown in
3 the application.
4
5 The department shall adopt suitable language that must appear
6 upon the certificate of title to effectuate the manner in
7 which the interest in or title to the vessel is held.
8 Section 47. Subsection (2) of section 328.42, Florida
9 Statutes, is amended to read:
10 328.42 Suspension or denial of a vessel registration
11 due to child support delinquency; dishonored checks.--
12 (2) The department may deny or cancel any vessel
13 registration, license plate, or fuel-use tax decal if the
14 owner pays for the registration, license plate, fuel-use tax
15 decal, or any tax liability, penalty, or interest specified in
16 chapter 207 by a dishonored check if the owner pays for the
17 registration by a dishonored check.
18 Section 48. Section 328.56, Florida Statutes, is
19 amended to read:
20 328.56 Vessel registration number.--Each vessel that
21 is used on the waters of the state must display a commercial
22 or recreational Florida registration number, unless it is:
23 (1) A vessel used exclusively on private lakes and
24 ponds.
25 (2) A vessel owned by the United States Government.
26 (3) A vessel used exclusively as a ship's lifeboat.
27 (4) A non-motor-powered vessel.
28 (5) A federally documented vessel.
29 (6) A vessel already covered by a registration number
30 in full force and effect which has been awarded to it pursuant
31 to a federally approved numbering system of another state or
80
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 by the United States Coast Guard in a state without a
2 federally approved numbering system, if the vessel has not
3 been within this state for a period in excess of 90
4 consecutive days.
5 (7) A vessel operating under a valid temporary
6 certificate of number.
7 (8) A vessel from a country other than the United
8 States temporarily using the waters of this state.
9 (9) An undocumented vessel used exclusively for
10 racing.
11 Section 49. Subsection (4) of section 328.72, Florida
12 Statutes, is amended to read:
13 328.72 Classification; registration; fees and charges;
14 surcharge; disposition of fees; fines; marine turtle
15 stickers.--
16 (4) TRANSFER OF OWNERSHIP.--
17 (a) When the ownership of a registered vessel changes,
18 an application for transfer of registration shall be filed
19 with the county tax collector by the new owner within 30 days
20 with a fee of $3.25. The county tax collector shall retain
21 $2.25 of the fee and shall remit $1 to the department. A
22 refund may not be made for any unused portion of a
23 registration period.
24 (b) If a vessel is an antique as defined in subsection
25 (2), the application shall be accompanied by either a
26 certificate of title, a bill of sale and a registration, or a
27 bill of sale and an affidavit by the owner defending the title
28 from all claims. The bill of sale must contain a complete
29 vessel description to include the hull identification number
30 and engine number, if appropriate; the year, make, and color
31
81
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 of the vessel; the selling price; and the signatures of the
2 seller and purchaser.
3 Section 50. Effective July 1, 2001, subsection (1) of
4 section 328.76, Florida Statutes, is amended to read:
5 328.76 Marine Resources Conservation Trust Fund;
6 vessel registration funds; appropriation and distribution.--
7 (1) Except as otherwise specified and less $1.4
8 million for any administrative costs which shall be deposited
9 in the Highway Safety Operating Trust Fund, in each fiscal
10 year beginning on or after July 1, 2001, all funds collected
11 from the registration of vessels through the Department of
12 Highway Safety and Motor Vehicles and the tax collectors of
13 the state, except for those funds designated for the use of
14 the counties pursuant to s. 328.72(1), shall be deposited in
15 the Marine Resources Conservation Trust Fund for recreational
16 channel marking; public launching facilities; law enforcement
17 and quality control programs; aquatic weed control; manatee
18 protection, recovery, rescue, rehabilitation, and release; and
19 marine mammal protection and recovery. The funds collected
20 pursuant to s. 328.72(1) shall be transferred as follows:
21 (a) In each fiscal year, an amount equal to $1.50 for
22 each vessel registered in this state shall be transferred to
23 the Save the Manatee Trust Fund and shall be used only for the
24 purposes specified in s. 370.12(4).
25 (b) Two dollars from each noncommercial vessel
26 registration fee, except that for class A-1 vessels, shall be
27 transferred to the Invasive Plant Control Trust Fund for
28 aquatic weed research and control.
29 (c) Forty percent of the registration fees from
30 commercial vessels shall be transferred to the Invasive Plant
31 Control Trust Fund for aquatic plant research and control.
82
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 (d) Forty percent of the registration fees from
2 commercial vessels shall be transferred by the Department of
3 Highway Safety and Motor Vehicles, on a monthly basis, to the
4 General Inspection Trust Fund of the Department of Agriculture
5 and Consumer Services. These funds shall be used for shellfish
6 and aquaculture law enforcement and quality control programs.
7 Section 51. Subsection (4) of section 713.78, Florida
8 Statutes, is amended to read:
9 713.78 Liens for recovering, towing, or storing
10 vehicles and documented vessels.--
11 (4)(a) Any person regularly engaged in the business of
12 recovering, towing, or storing vehicles or vessels who comes
13 into possession of a vehicle or vessel pursuant to subsection
14 (2), and who claims a lien for recovery, towing, or storage
15 services, shall give notice to the registered owner, the
16 insurance company insuring the vehicle notwithstanding the
17 provisions of s. 627.736, and to all persons claiming a lien
18 thereon, as disclosed by the records in the Department of
19 Highway Safety and Motor Vehicles or of a corresponding agency
20 in any other state.
21 (b) Whenever any law enforcement agency authorizes the
22 removal of a vehicle or whenever any towing service, garage,
23 repair shop, or automotive service, storage, or parking place
24 notifies the law enforcement agency of possession of a vehicle
25 pursuant to s. 715.07(2)(a)2., the applicable law enforcement
26 agency shall contact the Department of Highway Safety and
27 Motor Vehicles, or the appropriate agency of the state of
28 registration, if known, within 24 hours through the medium of
29 electronic communications, giving the full description of the
30 vehicle. Upon receipt of the full description of the vehicle,
31 the department shall search its files to determine the owner's
83
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 name, the insurance company insuring the vehicle, and whether
2 any person has filed a lien upon the vehicle as provided in s.
3 319.27(2) and (3) and notify the applicable law enforcement
4 agency within 72 hours. The person in charge of the towing
5 service, garage, repair shop, or automotive service, storage,
6 or parking place shall obtain such information from the
7 applicable law enforcement agency within 5 days from the date
8 of storage and shall give notice pursuant to subsection
9 (4)(a). The department may release the insurance company
10 information to the requestor notwithstanding the provisions of
11 s. 627.736.
12 (c)(b) Notice by certified mail, return receipt
13 requested, shall be sent within 7 business days after the date
14 of storage of the vehicle or vessel to the registered owner,
15 the insurance company insuring the vehicle notwithstanding the
16 provisions of s. 627.736, and to all persons of record
17 claiming a lien against the vehicle or vessel. It shall state
18 the fact of possession of the vehicle or vessel, that a lien
19 as provided in subsection (2) is claimed, that charges have
20 accrued and the amount thereof, that the lien is subject to
21 enforcement pursuant to law, and that the owner or lienholder,
22 if any, has the right to a hearing as set forth in subsection
23 (5), and that any vehicle or vessel which remains unclaimed,
24 or for which the charges for recovery, towing, or storage
25 services remain unpaid, may be sold after 35 days free of all
26 prior liens.
27 (d)(c) If attempts to locate the owner or lienholder
28 prove unsuccessful, the towing-storage operator shall, after 7
29 working days, excluding Saturday and Sunday, of the initial
30 tow or storage, notify the public agency of jurisdiction in
31 writing by certified mail or acknowledged hand delivery that
84
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 the towing-storage company has been unable to locate the owner
2 or lienholder and a physical search of the vehicle or vessel
3 has disclosed no ownership information and a good faith effort
4 has been made. For purposes of this paragraph and, subsection
5 (9), and s. 715.05, "good faith effort" means that the
6 following checks have been performed by the company to
7 establish prior state of registration and for title:
8 1. Check of vehicle or vessel for any type of tag, tag
9 record, temporary tag, or regular tag.
10 2. Check of law enforcement report for tag number or
11 other information identifying the vehicle or vessel, if the
12 vehicle or vessel was towed at the request of a law
13 enforcement officer.
14 3. Check of trip sheet or tow ticket of tow truck
15 operator to see if a tag was on vehicle at beginning of tow,
16 if private tow.
17 4. If there is no address of the owner on the impound
18 report, check of law enforcement report to see if an
19 out-of-state address is indicated from driver license
20 information.
21 5. Check of vehicle or vessel for inspection sticker
22 or other stickers and decals that may indicate a state of
23 possible registration.
24 6. Check of the interior of the vehicle or vessel for
25 any papers that may be in the glove box, trunk, or other areas
26 for a state of registration.
27 7. Check of vehicle for vehicle identification number.
28 8. Check of vessel for vessel registration number.
29 9. Check of vessel hull for a hull identification
30 number which should be carved, burned, stamped, embossed, or
31 otherwise permanently affixed to the outboard side of the
85
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 transom or, if there is no transom, to the outmost seaboard
2 side at the end of the hull that bears the rudder or other
3 steering mechanism.
4 Section 52. Subsection (1) of section 681.1096,
5 Florida Statutes, and section 715.05, Florida Statutes, are
6 repealed.
7 Section 53. Section 715.07, Florida Statutes, is
8 amended to read:
9 715.07 Vehicles and vessels parked on private
10 property; towing.--
11 (1) As used in this section, the terms:
12 (a) term "Vehicle" means any mobile item which
13 normally uses wheels, whether motorized or not.
14 (b) "Vessel" means every description of watercraft,
15 barge, and air boat used or capable of being used as a means
16 of transportation on water, other than a seaplane or a
17 documented vessel, as defined in s. 327.02(8).
18 (2) The owner or lessee of real property, or any
19 person authorized by the owner or lessee, which person may be
20 the designated representative of the condominium association
21 if the real property is a condominium, may cause any vehicle
22 or vessel parked on such property without her or his
23 permission to be removed by a person regularly engaged in the
24 business of towing vehicles or vessels, without liability for
25 the costs of removal, transportation, or storage or damages
26 caused by such removal, transportation, or storage, under any
27 of the following circumstances:
28 (a) The towing or removal of any vehicle or vessel
29 from private property without the consent of the registered
30 owner or other legally authorized person in control of that
31
86
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 vehicle or vessel is subject to strict compliance with the
2 following conditions and restrictions:
3 1.a. Any towed or removed vehicle or vessel must be
4 stored at a site within 10 miles of the point of removal in
5 any county of 500,000 population or more, and within 15 miles
6 of the point of removal in any county of less than 500,000
7 population. That site must be open for the purpose of
8 redemption of vehicles or vessels on any day that the person
9 or firm towing such vehicle or vessel is open for towing
10 purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall
11 have prominently posted a sign indicating a telephone number
12 where the operator of the site can be reached at all times.
13 Upon receipt of a telephoned request to open the site to
14 redeem a vehicle or vessel, the operator shall return to the
15 site within 1 hour or she or he will be in violation of this
16 section.
17 b. If no towing business providing such service is
18 located within the area of towing limitations set forth in
19 sub-subparagraph a., the following limitations apply: any
20 towed or removed vehicle or vessel must be stored at a site
21 within 20 miles of the point of removal in any county of
22 500,000 population or more, and within 30 miles of the point
23 of removal in any county of less than 500,000 population.
24 2. The person or firm towing or removing the vehicle
25 or vessel shall, within 30 minutes of completion of such
26 towing or removal, notify the municipal police department or,
27 in an unincorporated area, the sheriff of such towing or
28 removal, the storage site, the time the vehicle or vessel was
29 towed or removed, and the make, model, color, and license
30 plate number of the vehicle or the make, model, color, and
31 registration number of the vessel and shall obtain the name of
87
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 the person at that department to whom such information was
2 reported and note that name on the trip record.
3 3. If the registered owner or other legally authorized
4 person in control of the vehicle or vessel arrives at the
5 scene prior to removal or towing of the vehicle or vessel, the
6 vehicle or vessel shall be disconnected from the towing or
7 removal apparatus, and that person shall be allowed to remove
8 the vehicle or vessel without interference upon the payment of
9 a reasonable service fee of not more than one-half of the
10 posted rate for such towing service as provided in
11 subparagraph 6., for which a receipt shall be given, unless
12 that person refuses to remove the vehicle or vessel which is
13 otherwise unlawfully parked or located.
14 4. The rebate or payment of money or any other
15 valuable consideration from the individual or firm towing or
16 removing vehicles or vessels to the owners or operators of the
17 premises from which the vehicles are towed or removed, for the
18 privilege of removing or towing those vehicles or vessels, is
19 prohibited.
20 5. Except for property appurtenant to and obviously a
21 part of a single-family residence, and except for instances
22 when notice is personally given to the owner or other legally
23 authorized person in control of the vehicle or vessel that the
24 area in which that vehicle or vessel is parked is reserved or
25 otherwise unavailable for unauthorized vehicles or vessels and
26 subject to being removed at the owner's or operator's expense,
27 any property owner or lessee, or person authorized by the
28 property owner or lessee, prior to towing or removing any
29 vehicle or vessel from private property without the consent of
30 the owner or other legally authorized person in control of
31
88
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 that vehicle or vessel, must post a notice meeting the
2 following requirements:
3 a. The notice must be prominently placed at each
4 driveway access or curb cut allowing vehicular access to the
5 property, within 5 feet from the public right-of-way line. If
6 there are no curbs or access barriers, the signs must be
7 posted not less than one sign for each 25 feet of lot
8 frontage.
9 b. The notice must clearly indicate, in not less than
10 2-inch high, light-reflective letters on a contrasting
11 background, that unauthorized vehicles or vessels will be
12 towed away at the owner's expense. The words "tow-away zone"
13 must be included on the sign in not less than 4-inch high
14 letters.
15 c. The notice must also provide the name and current
16 telephone number of the person or firm towing or removing the
17 vehicles or vessels, if the property owner, lessee, or person
18 in control of the property has a written contract with the
19 towing company.
20 d. The sign structure containing the required notices
21 must be permanently installed with the words "tow-away zone"
22 not less than 3 feet and not more than 6 feet above ground
23 level and must be continuously maintained on the property for
24 not less than 24 hours prior to the towing or removal of any
25 vehicles or vessels.
26 e. The local government may require permitting and
27 inspection of these signs prior to any towing or removal of
28 vehicles or vessels being authorized.
29 f. A business with 20 or fewer parking spaces
30 satisfies the notice requirements of this subparagraph by
31 prominently displaying a sign stating "Reserved Parking for
89
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 Customers Only Unauthorized Vehicles or Vessels Will be Towed
2 Away At the Owner's Expense" in not less than 4-inch high,
3 light-reflective letters on a contrasting background.
4
5 A business owner or lessee may authorize the removal of a
6 vehicle or vessel by a towing company when the vehicle is
7 parked in such a manner that restricts the normal operation of
8 business; and if a vehicle or vessel parked on a public
9 right-of-way obstructs access to a private driveway the owner,
10 lessee, or agent may have the vehicle or vessel removed by a
11 towing company upon signing an order that the vehicle or
12 vessel be removed without a posted tow-away zone sign.
13 6. Any person or firm that tows or removes vehicles or
14 vessels and proposes to require an owner, operator, or person
15 in control of a vehicle or vessel to pay the costs of towing
16 and storage prior to redemption of the vehicle or vessel must
17 file and keep on record with the local law enforcement agency
18 a complete copy of the current rates to be charged for such
19 services and post at the storage site an identical rate
20 schedule and any written contracts with property owners,
21 lessees, or persons in control of property which authorize
22 such person or firm to remove vehicles or vessels as provided
23 in this section.
24 7. Any person or firm towing or removing any vehicles
25 or vessels from private property without the consent of the
26 owner or other legally authorized person in control of the
27 vehicles or vessels shall, on any trucks, wreckers as defined
28 in s. 713.78(1)(b), or other vehicles used in the towing or
29 removal, have the name, address, and telephone number of the
30 company performing such service clearly printed in contrasting
31 colors on the driver and passenger sides of the vehicle. The
90
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 name shall be in at least 3-inch permanently affixed letters,
2 and the address and telephone number shall be in at least
3 1-inch permanently affixed letters.
4 8. Vehicle entry for the purpose of removing the
5 vehicle or vessel shall be allowed with reasonable care on the
6 part of the person or firm towing the vehicle or vessel. Such
7 person or firm shall be liable for any damage occasioned to
8 the vehicle or vessel if such entry is not in accordance with
9 the standard of reasonable care.
10 9. When a vehicle or vessel has been towed or removed
11 pursuant to this section, it must be released to its owner or
12 custodian within one hour after requested. Any vehicle or
13 vessel owner, custodian, or agent shall have the right to
14 inspect the vehicle or vessel before accepting its return, and
15 no release or waiver of any kind which would release the
16 person or firm towing the vehicle or vessel from liability for
17 damages noted by the owner or other legally authorized person
18 at the time of the redemption may be required from any vehicle
19 or vessel owner, custodian, or agent as a condition of release
20 of the vehicle or vessel to its owner. A detailed, signed
21 receipt showing the legal name of the company or person towing
22 or removing the vehicle or vessel must be given to the person
23 paying towing or storage charges at the time of payment,
24 whether requested or not.
25 (b) These requirements shall be the minimum standards
26 and shall not preclude enactment of additional regulations by
27 any municipality or county including the right to regulate
28 rates when vehicles or vessels are towed from private
29 property.
30 (3) This section does not apply to law enforcement,
31 firefighting, rescue squad, ambulance, or other emergency
91
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 vehicles or vessels which are marked as such or to property
2 owned by any governmental entity.
3 (4) When a person improperly causes a vehicle or
4 vessel to be removed, such person shall be liable to the owner
5 or lessee of the vehicle or vessel for the cost of removal,
6 transportation, and storage; any damages resulting from the
7 removal, transportation, or storage of the vehicle; attorneys'
8 fees; and court costs.
9 (5) Failure to make good faith best efforts to comply
10 with the notice requirement of this section, as appropriate,
11 shall preclude the imposition of any towing or storage charges
12 against such vehicle or vessel.
13 (6)(5)(a) Any person who violates the provisions of
14 subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is
15 guilty of a misdemeanor of the first degree, punishable as
16 provided in s. 775.082 or s. 775.083.
17 (b) Any person who violates the provisions of
18 subparagraph (2)(a)7. commits is guilty of a felony of the
19 third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 Section 54. Subsection (3) is added to section 832.09,
22 Florida Statutes, to read:
23 832.09 Suspension of driver license after warrant or
24 capias is issued in worthless check case.--
25 (3) The Department of Highway Safety and Motor
26 Vehicles shall create a standardized form to be distributed to
27 the clerks of the court in each county for the purpose of
28 notifying the department that a person has satisfied the
29 requirements of the court. Notices of compliance with the
30 court's requirements shall be on the standardized form
31 provided by the department.
92
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 CS/HB 807
198-357-01
1 Section 55. Except as otherwise provided herein, this
2 act shall take effect October 1, 2001.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
93
CODING: Words stricken are deletions; words underlined are additions.