House Bill hb0807c2

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    Florida House of Representatives - 2001           CS/CS/HB 807

        By the Council for Ready Infrastructure and 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. 316.006, 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

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  1         on vehicles is a moving rather than a nonmoving

  2         violation; exempting certain vehicles carrying

  3         agricultural products; amending s. 316.640,

  4         F.S.; revising the powers and duties of traffic

  5         crash investigation officers; amending s.

  6         316.650, F.S.; requiring the issuance of a copy

  7         of the traffic school reference guide with

  8         traffic citations under certain circumstances;

  9         amending s. 318.14, F.S.; deleting reference to

10         a restriction on the number of elections a

11         person may make to attend a basic driver

12         improvement course; amending s. 318.1451, F.S.;

13         providing an assessment fee with respect to

14         driver improvement courses for persons who are

15         ordered by the court to attend and for certain

16         other violations; providing traffic school

17         reference guide requirements; amending s.

18         322.0261, F.S.; deleting reference to a time

19         period and increasing the amount of damage

20         required with respect to a crash for the

21         screening of certain crash reports; requiring

22         the Department of Highway Safety and Motor

23         Vehicles to approve and regulate certain

24         courses for driver improvement schools;

25         creating s. 322.02615, F.S.; providing for

26         mandatory driver improvement courses for

27         certain violations; amending s. 322.05, F.S.;

28         adding a condition for the issuance of a

29         driver's license to certain persons; amending

30         s. 319.001, F.S.; providing definitions;

31         amending s. 319.14, F.S.; authorizing the

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  1         Department of Highway Safety and Motor Vehicles

  2         to place a decal on a rebuilt vehicle so as to

  3         clarify its identity; providing a penalty for

  4         the removal of the decal; amending s. 319.22,

  5         F.S.; providing a limitation on an action

  6         challenging the validity of a certificate of

  7         title issued pursuant to ch. 319, F.S.;

  8         amending s. 319.23, F.S.; providing a

  9         limitation on the issuance of certain titles;

10         amending s. 319.27, F.S.; including reference

11         to ownership interest with respect to liens on

12         motor vehicles or mobile homes; providing

13         special requirements with respect to an

14         ownership interest which is different from that

15         shown on an application for certificate of

16         title; creating s. 319.275, F.S.; providing for

17         interpleader actions for law enforcement

18         officers alleging possession of a stolen motor

19         vehicle by a good faith purchaser or person

20         duly issued a certificate of title; amending s.

21         319.32, F.S.; clarifying fees for recording of

22         liens and ownership interests; amending s.

23         319.323, F.S.; revising language with respect

24         to expedited service on title transfers;

25         amending s. 319.23, F.S.; conforming the

26         requirements for the transfer of ownership on

27         an antique vehicle to that of any other motor

28         vehicle; amending s. 319.28, F.S.; deleting the

29         requirement that a copy of a contract for

30         processing an application for title based on a

31         contractual default be provided; amending s.

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  1         319.30, F.S.; clarifying the major component

  2         parts of a motor vehicle; amending s. 320.01,

  3         F.S.; conforming the length limitation for a

  4         motor home to that established in ch. 316,

  5         F.S.; providing that a motorized scooter is not

  6         a motor vehicle for registration purposes;

  7         defining the term "extended registration

  8         period"; amending s. 320.055, F.S.; authorizing

  9         an extended registration period for certain

10         motor vehicles; amending s. 320.06, F.S.;

11         providing terms and conditions for the issuance

12         of extended registrations; amending s. 320.07,

13         F.S.; providing for expiration of an extended

14         registration; amending s. 320.02, F.S.;

15         requiring application forms for motor vehicle

16         registration and renewal of registration to

17         include language permitting a voluntary

18         contribution to certain organizations; amending

19         s. 320.023, F.S.; requiring certain

20         organizations receiving voluntary check-off

21         contributions to notify the department under

22         certain circumstances and to meet specified

23         requirements; conforming the section to the

24         Florida Single Audit Act; requiring

25         organizations seeking authorization to

26         establish a voluntary check-off contribution on

27         a motor vehicle registration application to

28         conform to the requirements of ch. 496, F.S.;

29         conforming this section to the Florida Single

30         Audit Act; amending s. 320.025, Florida

31         Statutes, conforming the vessel registration

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  1         law to the motor vehicle registration law;

  2         requiring a decal to be affixed to a vessel

  3         that is registered under a fictitious name and

  4         operated by any law enforcement agency;

  5         amending s. 320.05, F.S.; conforming the vessel

  6         registration law to the motor vehicle

  7         registration law; providing instructions for

  8         the release of information regarding a vessel

  9         to the public; amending s. 320.055, F.S.;

10         correcting the registration period for

11         nonapportioned vehicles; amending s. 320.06,

12         F.S.; providing for the placement of only one

13         decal rather than two on a license plate;

14         amending s. 320.072, F.S.; reducing the

15         timeframe a registrant can use a previous

16         license plate for the initial registration fee

17         exemption; amending s. 320.0805, F.S.; reducing

18         the timeframe for a personalized license plate

19         to remain out of circulation prior to

20         reassignment; amending s. 320.08056, F.S.;

21         requiring certain organizations to notify the

22         department under certain circumstances;

23         including two more colleges to the

24         discontinuance exemptions provided for

25         collegiate specialty license plates; amending

26         s. 320.08062, F.S.; conforming this section to

27         the Florida Single Audit Act; amending s.

28         320.083, F.S.; increasing the weight

29         restriction for a private-use vehicle so as to

30         be eligible to apply for the Amateur Radio

31         Operator specialty license plate; amending s.

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  1         320.089, F.S.; increasing the weight

  2         restriction for a private-use vehicle so as to

  3         be eligible to apply for the EX-POW or Purple

  4         Heart specialty license plate; amending s.

  5         320.18, F.S.; providing for cancellation of

  6         license plates and fuel use tax decals for

  7         failure to pay motor carrier weight and safety

  8         violation penalties; amending s. 320.27, F.S.;

  9         redefining the term "motor vehicle auction";

10         deleting the requirement for a licensee to have

11         the certificate of title or ownership indicia

12         in his or her possession at an auction;

13         deleting a requirement for establishing a

14         pattern of wrongdoing; revising requirements

15         for denial, suspension, or revocation of a

16         motor vehicle dealer license; amending s.

17         320.64, F.S.; providing additional grounds for

18         denial, suspension, or revocation of vehicle

19         manufacturer's license; amending s. 320.691,

20         F.S.; creating the Automobile Dealers Industry

21         Advisory Board; amending s. 322.01, F.S.;

22         providing that a motorized scooter is not a

23         motor vehicle for drivers' licensing purposes;

24         amending s. 322.05, F.S.; correcting a

25         statutory reference regarding the requirements

26         for an individual under 18 years of age to

27         apply for a driver's license; amending s.

28         322.081, F.S.; requiring certain organizations

29         receiving voluntary check-off contributions to

30         notify the department under certain

31         circumstances and to meet specified

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  1         requirements; conforming the section to the

  2         Florida Single Audit Act; requiring

  3         organizations seeking authorization to

  4         establish a voluntary contribution on a motor

  5         vehicle registration to register with the

  6         Department of Agriculture and Consumer

  7         Services; amending s. 322.095, F.S.; requiring

  8         the Department of Highway Safety and Motor

  9         Vehicles to approve and regulate certain

10         courses for driver improvement schools;

11         creating s. 322.222, F.S.; authorizing the

12         Department of Highway Safety and Motor Vehicles

13         to hold a hearing when an individual's driver's

14         license has been suspended or revoked due to

15         medical reasons; amending s. 322.25, F.S.;

16         correcting a cross reference; amending s.

17         322.2615, F.S.; complying with the USDOT's

18         drunk driving prevention incentive program;

19         reducing the timeframe for a temporary permit

20         that is allotted when an individual is charged

21         with driving with an unlawful blood-alcohol

22         level; amending s. 322.27, F.S.; clarifying the

23         time period for a driver's license revocation

24         of a habitual traffic offender; amending s.

25         322.28, F.S.; deleting obsolete language

26         regarding the revocation of a driver's license;

27         repealing s. 322.282, F.S., relating to the

28         procedure when the court revokes or suspends

29         license or driving privilege and orders

30         reinstatement; amending s. 322.292, F.S.;

31         adding the requirement that DUI programs must

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  1         be governmental programs or not-for-profit

  2         corporations; amending s. 322.61, F.S.;

  3         complying with the Federal Motor Carrier Safety

  4         Regulations; adding two more violations for

  5         which a commercial motor vehicle may be

  6         disqualified of driving privileges; amending s.

  7         322.64, F.S.; reducing the timeframe for a

  8         temporary permit allotted when an individual

  9         holding a commercial driver's license is

10         charged with an unlawful blood-alcohol level;

11         repealing s. 322.331, F.S., relating to the

12         reinstatement of a license of a habitual

13         traffic offender; amending s. 324.091, F.S.;

14         providing for electronic access to vehicle

15         insurance information; amending s. 328.01,

16         F.S.; deleting the requirement for a copy of a

17         contract upon which a claim of ownership of a

18         vessel is made on a contractual default;

19         amending s. 328.42, F.S.; authorizing the

20         department to deny or cancel any vessel

21         registration, license plate, or fuel use decal

22         when given a dishonored check by the customer;

23         amending s. 328.56, F.S.; deleting the terms

24         "commercial" and "recreational" when referring

25         to vessels operated on the waters of this

26         state; amending s. 328.72, F.S.; deleting the

27         requirements for the transfer of ownership of

28         an antique vessel; amending s. 328.76, F.S.;

29         providing for the appropriation allotted for

30         fiscal year 2000-2001 to be deposited into the

31         Highway Safety Operating Trust Fund; amending

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  1         s. 713.78, F.S.; adding the insurance company

  2         to the list of individuals to be contacted when

  3         a vehicle has been towed; providing storage

  4         periods before the expiration of which certain

  5         salvaged vehicles may not be sold; repealing s.

  6         715.05, F.S., relating to the reporting of

  7         unclaimed motor vehicles; amending ss. 681.1096

  8         and 681.1097, F.S.; revising program

  9         requirements for the Pilot RV Mediation and

10         Arbitration program; amending s. 681.115, F.S.;

11         providing that a motor vehicle sales agreement

12         which prohibits disclosure of its terms is

13         void; amending s. 715.07, F.S.; conforming the

14         vessel registration law to the motor vehicle

15         registration law; defining the term "vessel";

16         authorizing the removal of an undocumented

17         vessel parked on private property; amending s.

18         832.09, F.S.; authorizing the department to

19         create a standardized form to be used for

20         notification of satisfaction of a worthless

21         check; amending s. 212.08, F.S.; providing

22         additional requirements on vehicle tax

23         assessments; creating ch. 261, F.S.; creating

24         the T. Mark Schmidt Off-Highway-Vehicle Safety

25         and Recreation Act; providing legislative

26         intent; providing definitions; creating the

27         Off-Highway-Vehicle Recreation Advisory

28         Committee; providing duties and

29         responsibilities; providing for duties and

30         responsibilities of the Department of

31         Agriculture and Consumer Services; providing

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  1         for rulemaking authority; providing for the

  2         publication and distribution of a guidebook;

  3         providing for the repair, maintenance, and

  4         rehabilitation of areas, trails, and lands;

  5         providing for contracts and agreements;

  6         providing criteria for recreation areas and

  7         trails; providing for the use of designated

  8         off-highway-vehicle funds within the Incidental

  9         Trust Fund of the Division of Forestry,

10         Department of Agriculture and Consumer

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

12         the definition of the term "all-terrain

13         vehicle"; prohibiting the use of all-terrain

14         vehicles on public roadways in the state;

15         creating the Florida Off-Highway-Vehicle

16         Titling and Registration Act; providing

17         legislative intent; providing definitions;

18         providing for administration by the Department

19         of Highway Safety and Motor Vehicles; providing

20         for rules, forms, and notices; requiring

21         certificates of title; providing for

22         application for and issuance of certificates of

23         title; providing for duplicate certificates of

24         title; requiring the furnishing of a

25         manufacturer's statement of origin; requiring

26         registration; providing for application for and

27         issuance of certificate of registration,

28         registration number, and decal; providing for

29         the registration period and for reregistration

30         by mail; requiring notification of change of

31         interest and address; providing for duplicate

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  1         registration certificate and decal; providing

  2         for fees; providing for disposition of fees;

  3         providing for refusal to issue and authority to

  4         cancel a certificate of title or registration;

  5         providing for crimes relating to certificates

  6         of title and registration decals; providing

  7         penalties; providing for noncriminal

  8         infractions; providing penalties; amending s.

  9         375.315, F.S., relating to the registration of

10         off-road vehicles; providing an appropriation;

11         amending ss. 316.605, 318.14, 318.18, and

12         322.121, F.S.; correcting cross references;

13         providing effective dates.

14

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

16

17         Section 1.  Subsections (1) and (21) of section

18  316.003, Florida Statutes, are amended, and subsection (82) is

19  added to said section, to read:

20         316.003  Definitions.--The following words and phrases,

21  when used in this chapter, shall have the meanings

22  respectively ascribed to them in this section, except where

23  the context otherwise requires:

24         (1)  AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the

25  fire department (fire patrol), police vehicles, and such

26  ambulances and emergency vehicles of municipal departments,

27  public service corporations operated by private corporations,

28  the Department of Environmental Protection, the Department of

29  Health, and the Department of Transportation as are designated

30  or authorized by their respective department or the chief of

31

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  1  police of an incorporated city or any sheriff of any of the

  2  various counties.

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

  4  operated upon rails or guideway, but not including any

  5  bicycle, motorized scooter, or moped.

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

  7  or saddle for the use of the rider, designed to travel on not

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

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

10  ground.

11         Section 2.  Subsections (2) and (3) of section 316.006,

12  Florida Statutes, are amended to read:

13         316.006  Jurisdiction.--Jurisdiction to control traffic

14  is vested as follows:

15         (2)  MUNICIPALITIES.--

16         (a)  Chartered municipalities shall have original

17  jurisdiction over all streets and highways located within

18  their boundaries, except state roads, and may place and

19  maintain such traffic control devices which conform to the

20  manual and specifications of the Department of Transportation

21  upon all streets and highways under their original

22  jurisdiction as they shall deem necessary to indicate and to

23  carry out the provisions of this chapter or to regulate, warn,

24  or guide traffic.

25         (b)  A municipality may exercise jurisdiction over any

26  private road or roads, or over any limited access road or

27  roads owned or controlled by a special district, located

28  within its boundaries if the municipality and party or parties

29  owning or controlling such road or roads provide, by written

30  agreement approved by the governing body of the municipality,

31

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  1  for municipal traffic control jurisdiction over the road or

  2  roads encompassed by such agreement. Pursuant thereto:

  3         1.  Provision for reimbursement for actual costs of

  4  traffic control and enforcement and for liability insurance

  5  and indemnification by the party or parties, and such other

  6  terms as are mutually agreeable, may be included in such an

  7  agreement.

  8         2.  The exercise of jurisdiction provided for herein

  9  shall be in addition to jurisdictional authority presently

10  exercised by municipalities under law, and nothing in this

11  paragraph shall be construed to limit or remove any such

12  jurisdictional authority. Such jurisdiction includes

13  regulation of access to such road or roads by security devices

14  or personnel.

15         3.  Any such agreement may provide for the installation

16  of multiparty stop signs by the parties controlling the roads

17  covered by the agreement, if a determination is made by such

18  parties that the signage will enhance traffic safety.

19  Multiparty stop signs must conform to the manual and

20  specifications of the Department of Transportation. However,

21  minimum traffic volumes may not be required for the

22  installation of such signage. Enforcement for the signs shall

23  be as provided in s. 316.123.

24

25  This subsection shall not limit those counties which have the

26  charter powers to provide and regulate arterial, toll, and

27  other roads, bridges, tunnels, and related facilities from the

28  proper exercise of those powers by the placement and

29  maintenance of traffic control devices which conform to the

30  manual and specifications of the Department of Transportation

31  on streets and highways located within municipal boundaries.

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  1         (3)  COUNTIES.--

  2         (a)  Counties shall have original jurisdiction over all

  3  streets and highways located within their boundaries, except

  4  all state roads and those streets and highways specified in

  5  subsection (2), and may place and maintain such traffic

  6  control devices which conform to the manual and specifications

  7  of the Department of Transportation upon all streets and

  8  highways under their original jurisdiction as they shall deem

  9  necessary to indicate and to carry out the provisions of this

10  chapter or to regulate, warn, or guide traffic.

11         (b)  A county may exercise jurisdiction over any

12  private road or roads, or over any limited access road or

13  roads owned or controlled by a special district, located in

14  the unincorporated area within its boundaries if the county

15  and party or parties owning or controlling such road or roads

16  provide, by written agreement approved by the governing body

17  of the county, for county traffic control jurisdiction over

18  the road or roads encompassed by such agreement.  Pursuant

19  thereto:

20         1.  Provision for reimbursement for actual costs of

21  traffic control and enforcement and for liability insurance

22  and indemnification by the party or parties, and such other

23  terms as are mutually agreeable, may be included in such an

24  agreement.

25         2.  Prior to entering into an agreement which provides

26  for enforcement of the traffic laws of the state over a

27  private road or roads, or over any limited access road or

28  roads owned or controlled by a special district, the governing

29  body of the county shall consult with the sheriff. No such

30  agreement shall take effect prior to October 1, the beginning

31

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  1  of the county fiscal year, unless this requirement is waived

  2  in writing by the sheriff.

  3         3.  The exercise of jurisdiction provided for herein

  4  shall be in addition to jurisdictional authority presently

  5  exercised by counties under law, and nothing in this paragraph

  6  shall be construed to limit or remove any such jurisdictional

  7  authority.

  8         4.  Any such agreement may provide for the installation

  9  of multiparty stop signs by the parties controlling the roads

10  covered by the agreement, if a determination is made by such

11  parties that the signage will enhance traffic safety.

12  Multiparty stop signs must conform to the manual and

13  specifications of the Department of Transportation. However,

14  minimum traffic volumes may not be required for the

15  installation of such signage. Enforcement for the signs shall

16  be as provided in s. 316.123.

17

18  Notwithstanding the provisions of subsection (2), each county

19  shall have original jurisdiction to regulate parking, by

20  resolution of the board of county commissioners and the

21  erection of signs conforming to the manual and specifications

22  of the Department of Transportation, in parking areas located

23  on property owned or leased by the county, whether or not such

24  areas are located within the boundaries of chartered

25  municipalities.

26         Section 3.  Effective July 1, 2001, subsection (4) of

27  section 316.1951, Florida Statutes, is amended to read:

28         316.1951  Parking for certain purposes prohibited.--

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

30  license inspector, or supervisor of the department, as

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

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

  2  public parking lot, other public property, or private

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

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

  5  written notice issued pursuant to this section shall be

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

  7  enforcement officer, compliance examiner, or license

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

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

10  violation and written notice shall be subject to immediate

11  removal without an additional waiting period.

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

13  Statutes, is amended to read:

14         316.1975  Unattended motor vehicle.--

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

16         (a)  An authorized emergency vehicle while in the

17  performance of official duties and the vehicle is equipped

18  with an activated antitheft device that prohibits the vehicle

19  from being driven; or

20         (b)  A licensed delivery truck or other delivery

21  vehicle while making deliveries; or.

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

23  collecting such items.

24         Section 5.  Section 316.2065, Florida Statutes, is

25  amended to read:

26         316.2065  Bicycle and motorized scooter regulations.--

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

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

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

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

31  special regulations in this chapter, and except as to

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

  2  application.

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

  4  than upon or astride a permanent and regular seat attached

  5  thereto.

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

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

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

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

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

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

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

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

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

15  bicycle.

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

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

18  is not in immediate control of the bicycle.

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

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

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

22  that meets the standards of the American National Standards

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

24  standards of the Snell Memorial Foundation (1984 Standard for

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

26  nationally recognized standards for bicycle helmets adopted by

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

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

29  semitrailer attached to a bicycle.

30         (e)  Law enforcement officers and school crossing

31  guards may issue a bicycle safety brochure and a verbal

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  1  warning to a bicycle rider or passenger who violates this

  2  subsection. A bicycle rider or passenger who violates this

  3  subsection may be issued a citation by a law enforcement

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

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

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

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

  8  complies with this subsection.

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

10  carry passengers.

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

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

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

14  subsection does not prohibit attaching a bicycle trailer or

15  bicycle semitrailer to a bicycle if that trailer or

16  semitrailer is commercially available and has been designed

17  for such attachment.

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

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

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

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

22  except under any of the following situations:

23         1.  When overtaking and passing another bicycle,

24  motorized scooter, or vehicle proceeding in the same

25  direction.

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

27  or into a private road or driveway.

28         3.  When reasonably necessary to avoid any condition,

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

30  parked or moving vehicle, bicycle, motorized scooter,

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

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

  2  edge.  For the purposes of this subsection, a

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

  4  bicycle or motorized scooter and another vehicle to travel

  5  safely side by side within the lane.

  6         (b)  Any person operating a bicycle or motorized

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

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

  9  roadway as practicable.

10         (6)  Persons riding bicycles or motorized scooters upon

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

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

13  bicycles.  Persons riding two abreast may not impede traffic

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

15  time and place and under the conditions then existing and

16  shall ride within a single lane.

17         (7)  Any person operating a bicycle or motorized

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

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

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

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

22  500 feet to the front and a lamp and reflector on the rear

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

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

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

26  required by this section.

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

28  any minor ward may authorize or knowingly permit any such

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

30  section.

31

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

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

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

  4  rights and duties applicable to a pedestrian under the same

  5  circumstances.

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

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

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

  9  an audible signal before overtaking and passing such

10  pedestrian.

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

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

13  upon any roadway except while crossing a street on a

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

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

16  applicable to pedestrians.

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

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

19  designated by state, county, or municipal authority.

20         (14)  Every bicycle and motorized scooter shall be

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

22  stop the bicycle or motorized scooter within 25 feet from a

23  speed of 10 miles per hour on dry, level, clean pavement.

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

25  bicycles or motorized scooters at retail shall not sell such

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

27  identifying number permanently stamped or cast on its frame.

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

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

30  years unless:

31         1.  The child possesses a bicycle helmet; or

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

  2  to wear.

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

  4  violation, punishable as provided in s. 318.18.

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

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

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

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

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

10  performance of a specified number of hours of community

11  service or attendance at a safety seminar.

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

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

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

15  Trust Fund.

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

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

18  riding a bicycle without a bicycle helmet may not be

19  considered evidence of negligence or contributory negligence.

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

21  violation of this section is a noncriminal traffic infraction,

22  punishable as a pedestrian violation as provided in chapter

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

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

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

26  334.03. However, they may not issue citations to persons on

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

28  use of the public for purposes of vehicular traffic.

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

30  Statutes, is amended to read:

31         316.228  Lamps or flags on projecting load.--

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

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

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

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

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

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

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

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

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

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

11  projecting load, multiple strobe lights shall be utilized so

12  as to meet the visibility requirements of this subsection. The

13  strobe lamp must flash at a rate of at least 60 flashes per

14  minute and must be plainly visible from a distance of at least

15  500 feet to the rear and sides of the projecting load at any

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

17  time of the day or night when the vehicle is operated on any

18  highway or parked on the shoulder or immediately adjacent to

19  the traveled portion of any public roadway. The projecting

20  load shall also be marked with a red flag as described in

21  subsection (1).

22         Section 7.  Subsection (9) of section 316.2397, Florida

23  Statutes, is amended to read:

24         316.2397  Certain lights prohibited; exceptions.--

25         (9)  Flashing red lights may be used by emergency

26  response vehicles of the Department of Environmental

27  Protection and the Department of Health when responding to an

28  emergency in the line of duty.

29         Section 8.  Section 316.520, Florida Statutes, is

30  amended to read:

31         316.520  Loads on vehicles.--

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

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

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

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

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

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

  7  or maintaining the roadway.

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

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

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

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

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

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

14  escaping from such vehicle. Covering and securing the load

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

16  required.

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

18  traffic infraction, punishable as a moving nonmoving violation

19  as provided in chapter 318.

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

21  agricultural products locally from a field harvest site to a

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

23  posted speed limit is 60 miles per hour or less and the

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

25         Section 9.  Subsections (1), (2), and (3) of section

26  316.640, Florida Statutes, are amended to read:

27         316.640  Enforcement.--The enforcement of the traffic

28  laws of this state is vested as follows:

29         (1)  STATE.--

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

31  Department of Highway Safety and Motor Vehicles, the Division

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  1  of Law Enforcement of the Fish and Wildlife Conservation

  2  Commission, the Division of Law Enforcement of the Department

  3  of Environmental Protection, and law enforcement officers of

  4  the Department of Transportation each have authority to

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

  6  streets and highways thereof and elsewhere throughout the

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

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

  9  as a traffic accident investigation officer any individual who

10  successfully completes at least 200 hours of instruction in

11  traffic accident investigation and court presentation through

12  the Selective Traffic Enforcement Program as approved by the

13  Criminal Justice Standards and Training Commission and funded

14  through the National Highway Traffic Safety Administration or

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

16  necessarily meet the uniform minimum standards established by

17  the commission for law enforcement officers or auxiliary law

18  enforcement officers under chapter 943. Any such traffic

19  accident investigation officer who makes an investigation at

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

21  based upon personal investigation, when he or she has

22  reasonable and probable grounds to believe that a person who

23  was involved in the accident committed an offense under this

24  chapter, chapter 319, chapter 320, or chapter 322 in

25  connection with the accident. This paragraph does not permit

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

27  officers have arrest authority other than for the issuance of

28  a traffic citation as authorized in this paragraph.

29         b.  University police officers shall have authority to

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

31  violations occur on or about any property or facilities that

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

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

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

  4         c.  Community college police officers shall have the

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

  6  when such violations occur on any property or facilities that

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

  8  the community college system.

  9         d.  Police officers employed by an airport authority

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

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

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

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

14  enforcement specialist any individual who successfully

15  completes a training program established and approved by the

16  Criminal Justice Standards and Training Commission for parking

17  enforcement specialists but who does not otherwise meet the

18  uniform minimum standards established by the commission for

19  law enforcement officers or auxiliary or part-time officers

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

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

22  nor shall such parking enforcement specialist have arrest

23  authority.

24         (II)  A parking enforcement specialist employed by an

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

26  and municipal laws and ordinances governing parking only when

27  such violations are on property or facilities owned or

28  operated by the airport authority employing the specialist, by

29  appropriate state, county, or municipal traffic citation.

30         e.  The Office of Agricultural Law Enforcement of the

31  Department of Agriculture and Consumer Services shall have the

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  1  authority to enforce traffic laws of this state only as

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

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

  4  Agricultural Law Enforcement at its agricultural inspection

  5  stations to issue any traffic tickets except those traffic

  6  tickets for vehicles illegally passing the inspection station.

  7         f.  School safety officers shall have the authority to

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

  9  violations occur on or about any property or facilities which

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

11  the district school board.

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

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

14  violation of this subparagraph is not subject to the penalties

15  provided in chapter 318.

16         3.  Any disciplinary action taken or performance

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

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

19  enforcement activity must be in accordance with written

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

21  the agency and any collective bargaining unit representing

22  such law enforcement officer. A violation of this subparagraph

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

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

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

26  laws applicable within its authority.

27         2.a.  The Department of Transportation shall develop

28  training and qualifications standards for toll enforcement

29  officers whose sole authority is to enforce the payment of

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

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

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  1  weapons, nor shall a toll enforcement officer have arrest

  2  authority.

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

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

  5  operate a toll facility may employ independent contractors or

  6  designate employees as toll enforcement officers; however, any

  7  such toll enforcement officer must successfully meet the

  8  training and qualifications standards for toll enforcement

  9  officers established by the Department of Transportation.

10         (2)  COUNTIES.--

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

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

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

14  elsewhere throughout the county wherever the public has the

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

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

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

18  roads over which the county has jurisdiction pursuant to a

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

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

21  a traffic crash investigation officer any individual who

22  successfully completes at least 200 hours of instruction in

23  traffic crash investigation and court presentation through the

24  Selective Traffic Enforcement Program (STEP) as approved by

25  the Criminal Justice Standards and Training Commission and

26  funded through the National Highway Traffic Safety

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

28  commission, but who does not necessarily otherwise meet the

29  uniform minimum standards established by the commission for

30  law enforcement officers or auxiliary law enforcement officers

31  under chapter 943. Any such traffic crash investigation

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

  2  crash may issue traffic citations when, based upon personal

  3  investigation, he or she has reasonable and probable grounds

  4  to believe that a person who was involved in the crash has

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

  6  320, or chapter 322 in connection with the crash accident.

  7  This paragraph does not permit the carrying of firearms or

  8  other weapons, nor do such officers have arrest authority

  9  other than for the issuance of a traffic citation as

10  authorized in this paragraph.

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

12  counties of this state may employ as a parking enforcement

13  specialist any individual who successfully completes a

14  training program established and approved by the Criminal

15  Justice Standards and Training Commission for parking

16  enforcement specialists, but who does not necessarily

17  otherwise meet the uniform minimum standards established by

18  the commission for law enforcement officers or auxiliary or

19  part-time officers under s. 943.12.

20         1.  A parking enforcement specialist employed by the

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

22  is authorized to enforce all state and county laws,

23  ordinances, regulations, and official signs governing parking

24  within the unincorporated areas of the county by appropriate

25  state or county citation and may issue such citations for

26  parking in violation of signs erected pursuant to s.

27  316.006(3) at parking areas located on property owned or

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

29  boundaries of a chartered municipality.

30

31

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  1         2.  A parking enforcement specialist employed pursuant

  2  to this subsection shall not carry firearms or other weapons

  3  or have arrest authority.

  4         (3)  MUNICIPALITIES.--

  5         (a)  The police department of each chartered

  6  municipality shall enforce the traffic laws of this state on

  7  all the streets and highways thereof and elsewhere throughout

  8  the municipality wherever the public has the right to travel

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

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

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

12  which the municipality has jurisdiction pursuant to a written

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

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

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

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

17         (b)  The police department of a chartered municipality

18  may employ as a traffic crash investigation officer any

19  individual who successfully completes at least 200 hours of

20  instruction in traffic crash investigation and court

21  presentation through the Selective Traffic Enforcement Program

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

23  Training Commission and funded through the National Highway

24  Traffic Safety Administration (NHTSA) or a similar program

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

26  the uniform minimum standards established by the commission

27  for law enforcement officers or auxiliary law enforcement

28  officers under chapter 943. Any such traffic crash

29  investigation officer who makes an investigation at the scene

30  of a traffic crash is authorized to issue traffic citations

31  when, based upon personal investigation, he or she has

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  1  reasonable and probable grounds to believe that a person

  2  involved in the crash has committed an offense under the

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

  4  chapter 322 in connection with the crash. Nothing in This

  5  paragraph does not shall be construed to permit the carrying

  6  of firearms or other weapons, nor do shall such officers have

  7  arrest authority other than for the issuance of a traffic

  8  citation as authorized above.

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

10  agency or instrumentality may employ as a parking enforcement

11  specialist any individual who successfully completes a

12  training program established and approved by the Criminal

13  Justice Standards and Training Commission for parking

14  enforcement specialists, but who does not otherwise meet the

15  uniform minimum standards established by the commission for

16  law enforcement officers or auxiliary or part-time officers

17  under s. 943.12.

18         2.  A parking enforcement specialist employed by a

19  chartered municipality or its authorized agency or

20  instrumentality is authorized to enforce all state, county,

21  and municipal laws and ordinances governing parking within the

22  boundaries of the municipality employing the specialist, by

23  appropriate state, county, or municipal traffic citation.

24  Nothing in this paragraph shall be construed to permit the

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

26  parking enforcement specialist have arrest authority.

27         3.  A parking enforcement specialist employed pursuant

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

29  have arrest authority.

30         Section 10.  Subsection (3) of section 316.650, Florida

31  Statutes, is amended to read:

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  1         316.650  Traffic citations.--

  2         (3)  Every traffic enforcement officer, upon issuing a

  3  traffic citation to an alleged violator of any provision of

  4  the motor vehicle laws of this state or of any traffic

  5  ordinance of any city or town, shall deposit the original and

  6  one copy of such traffic citation or, in the case of a traffic

  7  enforcement agency which has an automated citation issuance

  8  system, shall provide an electronic facsimile with a court

  9  having jurisdiction over the alleged offense or with its

10  traffic violations bureau within 5 days after issuance to the

11  violator. If a law enforcement officer distributes additional

12  information, such information shall be a copy of the traffic

13  school reference guide.

14         Section 11.  Subsection (9) of section 318.14, Florida

15  Statutes, is amended to read:

16         318.14  Noncriminal traffic infractions; exception;

17  procedures.--

18         (9)  Any person who is cited for an infraction under

19  this section other than a violation of s. 320.0605, s.

20  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

21  s. 322.62 may, in lieu of a court appearance, elect to attend

22  in the location of his or her choice within this state a basic

23  driver improvement course approved by the Department of

24  Highway Safety and Motor Vehicles. In such a case,

25  adjudication must be withheld; points, as provided by s.

26  322.27, may not be assessed; and the civil penalty that is

27  imposed by s. 318.18(3) must be reduced by 18 percent;

28  however, a person may not make an election under this

29  subsection if the person has made an election under this

30  subsection in the preceding 12 months. A person may make no

31  more than five elections under this subsection. The

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  1  requirement for community service under s. 318.18(8) is not

  2  waived by a plea of nolo contendere or by the withholding of

  3  adjudication of guilt by a court.

  4         Section 12.  Subsection (4) of section 318.1451,

  5  Florida Statutes, is amended to read:

  6         318.1451  Driver improvement schools.--

  7         (4)  In addition to a regular course fee, an assessment

  8  fee in the amount of $2.50 shall be collected by the school

  9  from each person who is court ordered to attend a course or

10  elects to attend a course, as it relates to ss. 318.14(9),

11  322.0261, 322.2615, 322.05(2), 322.291, and 627.06501, which

12  shall be remitted to the Department of Highway Safety and

13  Motor Vehicles and deposited in the Highway Safety Operating

14  Trust Fund to administer this program and to fund the general

15  operations of the department.

16         Section 13.  Paragraph (b) of subsection (1) and

17  subsection (2) of section 322.0261, Florida Statutes, are

18  amended to read:

19         322.0261  Mandatory driver improvement course; certain

20  crashes.--

21         (1)  The department shall screen crash reports received

22  under s. 316.066 or s. 324.051 to identify crashes involving

23  the following:

24         (b)  A second crash by the same operator within the

25  previous 2-year period involving property damage in an

26  apparent amount of at least $2,500 $500.

27         (2)  With respect to an operator convicted of, or who

28  pleaded nolo contendere to, a traffic offense giving rise to a

29  crash identified pursuant to subsection (1), the department

30  shall require that the operator, in addition to other

31  applicable penalties, attend a departmentally approved basic

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  1  driver improvement course in order to maintain driving

  2  privileges. If the operator fails to complete the course

  3  within 90 days of receiving notice from the department, the

  4  operator's driver's license shall be canceled by the

  5  department until the course is successfully completed.

  6         Section 14.  Section 322.02615, Florida Statutes, is

  7  created to read:

  8         322.02615  Mandatory driver improvement course; certain

  9  violations.--

10         (1)  The department shall screen reports of convictions

11  for violations of chapter 316 to identify operators who:

12         (a)  Are less than 21 years of age and have been

13  convicted of, or pleaded nolo contendere to, a noncriminal

14  moving infraction and have also been convicted of, or pleaded

15  nolo contendere to, another noncriminal moving infraction

16  since initial license issuance.

17         (b)  Have been convicted of, or pleaded nolo contendere

18  to, more than one noncriminal moving infraction in a 12-month

19  period.

20         (2)  With respect to an operator convicted of, or who

21  has pleaded nolo contendere to, a noncriminal traffic offense

22  identified under subsection (1), the department shall require

23  that the operator, in addition to other applicable penalties,

24  attend a departmentally approved basic driver improvement

25  course in order to maintain driving privileges. If the

26  operator fails to complete the course within 90 days after

27  receiving notice from the department, the operator's driver's

28  license shall be suspended by the department until the course

29  is successfully completed.

30         (3)  Attendance of a course approved by the department

31  as a driver improvement course for purposes of s. 318.14(9)

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  1  shall satisfy the requirements of this section. However,

  2  attendance of a course as required by this section is not

  3  included in the limitation on course elections under s.

  4  318.14(9).

  5         Section 15.  Subsection (2) of section 322.05, Florida

  6  Statutes, is amended to read:

  7         322.05  Persons not to be licensed.--The department may

  8  not issue a license:

  9         (2)  To a person who is at least 16 years of age but is

10  under 18 years of age unless the person has satisfactorily

11  completed a Department of Education driver's education course

12  offered pursuant to s. 233.063 or a driver's education course

13  licensed pursuant to s. 488.01 or a basic driver improvement

14  course which has been approved by the Department of Highway

15  Safety and Motor Vehicles and meets the requirements of s.

16  322.091 and holds a valid:

17         (a)  Learner's driver's license for at least 12 months,

18  with no traffic convictions, before applying for a license;

19         (b)  Learner's driver's license for at least 12 months

20  and who has a traffic conviction but elects to attend a

21  traffic driving school for which adjudication must be withheld

22  pursuant to s. 318.14; or

23         (c)  License that was issued in another state or in a

24  foreign jurisdiction and that would not be subject to

25  suspension or revocation under the laws of this state.

26         Section 16.  Subsection (5) of section 318.1451,

27  Florida Statutes, is amended to read:

28         318.1451  Driver improvement schools.--

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

30  issue, or maintain any information or orders regarding driver

31  improvement schools or course providers, with the exception of

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  1  the traffic school reference guide or course provider list

  2  referred to in paragraph (b) directing inquiries or requests

  3  to the local telephone directory heading of driving

  4  instruction or the traffic school reference guide. However,

  5  the department is authorized to maintain the information and

  6  records necessary to administer its duties and

  7  responsibilities for driver improvement courses. Where such

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

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

10  s. 119.07(1). Course providers receiving requests for

11  information about traffic schools from geographic areas that

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

13  course provider that they believe services such geographic

14  area.

15         (b)  The department shall prepare for any governmental

16  entity or court to distribute a traffic school reference guide

17  which shall list the benefits of attending a driver

18  improvement school and contain the names of the fully approved

19  course providers with a single telephone number for each such

20  provider, as furnished by the provider. The cost of producing

21  the traffic school reference guide must be assumed equally by

22  providers electing to have their course included in the guide.

23  Clerks of court may reproduce the traffic school reference

24  guide course provider list, provided that each name is rotated

25  on each reproduction so that each provider occupies each

26  position on the list in a equitable manner, but under no

27  circumstance may any list of course providers or schools be

28  included, and shall refer further inquiries to the telephone

29  directory under driving instruction.

30         Section 17.  Section 319.001, Florida Statutes, is

31  amended to read:

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  1         319.001  Definitions.--As used in this chapter, the

  2  term:

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

  4  Safety and Motor Vehicles.

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

  6  and bumper.

  7         (3)(2)  "Licensed dealer," unless otherwise

  8  specifically provided, means a motor vehicle dealer licensed

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

10  320.77, or a recreational vehicle dealer licensed under s.

11  320.771.

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

13  and gas tanks.

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

15  engine case, and crank case.

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

17         (7)(3)  "New mobile home" means a mobile home the

18  equitable or legal title to which has never been transferred

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

20  ultimate purchaser.

21         (8)(4)  "New motor vehicle" means a motor vehicle the

22  equitable or legal title to which has never been transferred

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

24  ultimate purchaser; however, when legal title is not

25  transferred but possession of a motor vehicle is transferred

26  pursuant to a conditional sales contract or lease and the

27  conditions are not satisfied and the vehicle is returned to

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

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

30  selling motor vehicle dealer gives the following written

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

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  1  PREVIOUS PURCHASER." The purchaser shall sign an

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

  3  dealer's file.

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

  5  decklid, bumper, and floor pan.

  6         (10)(5)  "Satisfaction of lien" means full payment of a

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

  8         (11)(6)  "Used motor vehicle" means any motor vehicle

  9  that is not a "new motor vehicle" as defined in subsection

10  (8)(4).

11         Section 18.  Subsections (1), (2), and (3) of section

12  319.14, Florida Statutes, are amended, subsections (6), (7),

13  and (8) are renumbered as subsections (7), (8), and (9),

14  respectively, and a new subsection (6) is added to said

15  section, to read:

16         319.14  Sale of motor vehicles registered or used as

17  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

18  and nonconforming vehicles.--

19         (1)(a)  No person shall knowingly offer for sale, sell,

20  or exchange any vehicle that has been licensed, registered, or

21  used as a taxicab, police vehicle, or short-term-lease

22  vehicle, or a vehicle that has been repurchased by a

23  manufacturer pursuant to a settlement, determination, or

24  decision under chapter 681, until the department has stamped

25  in a conspicuous place on the certificate of title of the

26  vehicle, or its duplicate, words stating the nature of the

27  previous use of the vehicle or the title has been stamped

28  "Manufacturer's Buy Back" to reflect that the vehicle is a

29  nonconforming vehicle. If the certificate of title or

30  duplicate was not so stamped upon initial issuance thereof or

31  if, subsequent to initial issuance of the title, the use of

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  1  the vehicle is changed to a use requiring the notation

  2  provided for in this section, the owner or lienholder of the

  3  vehicle shall surrender the certificate of title or duplicate

  4  to the department prior to offering the vehicle for sale, and

  5  the department shall stamp the certificate or duplicate as

  6  required herein.  When a vehicle has been repurchased by a

  7  manufacturer pursuant to a settlement, determination, or

  8  decision under chapter 681, the title shall be stamped

  9  "Manufacturer's Buy Back" to reflect that the vehicle is a

10  nonconforming vehicle.

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

12  exchange a rebuilt vehicle until the department has stamped in

13  a conspicuous place on the certificate of title for the

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

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

16  kit, replica, or flood vehicle unless proper application for a

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

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

19  kit, replica, or flood vehicle has been made to the department

20  in accordance with this chapter and the department or its

21  agent has conducted the physical examination of the vehicle to

22  assure the identity of the vehicle and all major component

23  parts, as defined in s. 319.30(1)(e), which have been repaired

24  or replaced. Thereafter, the department shall affix a decal to

25  the vehicle, in the manner prescribed by the department,

26  showing the vehicle to be rebuilt.

27         (c)  As used in this section:

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

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

30  law enforcement.

31

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

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

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

  4  months.

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

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

  7  person for a period of 12 months or longer.

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

  9  vehicles and long-term-lease vehicles.

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

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

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

13  mobile home assembled from parts or combined from parts of

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

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

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

17  loss pursuant to s. 319.30.

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

19  vehicles neither of which has been titled and branded as

20  "Salvage Unrebuildable."

21         5.6.  "Kit car" means a motor vehicle assembled with a

22  kit supplied by a manufacturer to rebuild a wrecked or

23  outdated motor vehicle with a new body kit.

24         6.7.  "Glider kit" means a vehicle assembled with a kit

25  supplied by a manufacturer to rebuild a wrecked or outdated

26  truck or truck tractor.

27         7.8.  "Replica" means a complete new motor vehicle

28  manufactured to look like an old vehicle.

29         8.9.  "Flood vehicle" means a motor vehicle or mobile

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

31  319.30(3)(a) resulting from damage caused by water.

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  1         9.10.  "Nonconforming vehicle" means a motor vehicle

  2  which has been purchased by a manufacturer pursuant to a

  3  settlement, determination, or decision under chapter 681.

  4         10.11.  "Settlement" means an agreement entered into

  5  between a manufacturer and a consumer that occurs after a

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

  7  settlement procedure established by a manufacturer or is

  8  approved for arbitration before the New Motor Vehicle

  9  Arbitration Board as defined in s. 681.102.

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

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

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

13  disclosing in writing to the purchaser, customer, or

14  transferee the fact that the vehicle has previously been

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

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

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

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

19  as the case may be.

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

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

22  or intentionally advertises, publishes, disseminates,

23  circulates, or places before the public in any communications

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

25  exchange the vehicle shall clearly and precisely state in each

26  such offer that the vehicle has previously been titled,

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

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

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

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

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

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  1  person who violates this subsection is guilty of a misdemeanor

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

  3  s. 775.083.

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

  5  rebuilt vehicle or who knowingly possesses a rebuilt vehicle

  6  from which a rebuilt decal has been removed is guilty of a

  7  felony of the third degree punishable as provided in s.

  8  775.082, s. 775.083, or s. 775.084.

  9         Section 19.  Sections 19-25 of this act may be cited as

10  the "Beverly Gagliardi Act."

11         Section 20.  Subsection (1) of section 319.22, Florida

12  Statutes, is amended to read:

13         319.22  Transfer of title.--

14         (1)  Except as provided in ss. 319.21 and 319.28, a

15  person acquiring a motor vehicle or mobile home from the owner

16  thereof, whether or not the owner is a licensed dealer, shall

17  not acquire marketable title to the motor vehicle or mobile

18  home until he or she has had issued to him or her a

19  certificate of title to the motor vehicle or mobile home; nor

20  shall any waiver or estoppel operate in favor of such person

21  against a person having possession of such certificate of

22  title or an assignment of such certificate for such motor

23  vehicle or mobile home for a valuable consideration.  Except

24  as otherwise provided herein, no court shall recognize the

25  right, title, claim, or interest of any person in or to any

26  motor vehicle or mobile home sold, disposed of, mortgaged, or

27  encumbered, unless evidenced by a certificate of title duly

28  issued to that person, in accordance with the provisions of

29  this chapter. Any action challenging the validity of a

30  certificate of title issued under this chapter to a

31  titleholder who obtained the title certificate as a good faith

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  1  purchase shall be brought within 1 year after the date of

  2  issuance shown on the face of the certificate or such action

  3  shall be barred, provided such limitation shall not be

  4  interpreted to bar an action brought by any creditor seeking

  5  to establish or perfect a lien on a motor vehicle or mobile

  6  home noted on any such certificate of title or securing a debt

  7  of the titleholder evidenced in writing.

  8         Section 21.  Subsection (11) is added to section

  9  319.23, Florida Statutes, to read:

10         319.23  Application for, and issuance of, certificate

11  of title.--

12         (11)  An application for certificate of title based

13  upon a title certificate issued by another state or country

14  shall not result in issuance of title until 30 days after the

15  filing of the application, unless the application is in the

16  name of the person to whom the non-Florida title was issued.

17         Section 22.  Subsection (4) of section 319.27, Florida

18  Statutes, is amended to read:

19         319.27  Notice of lien on motor vehicles or mobile

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

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

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

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

24  retain title contract, conditional bill of sale, chattel

25  mortgage, or other similar instrument or any ownership

26  interest covering a motor vehicle or mobile home previously

27  titled or registered outside this state upon which no Florida

28  certificate of title has been issued may use the facilities of

29  the department for the recording of such lien or ownership

30  interest as constructive notice of such lien or ownership

31  interest to creditors and purchasers of such motor vehicle or

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  1  mobile home in this state provided such lienholder or claimant

  2  files a sworn notice of such lien or ownership interest in the

  3  department, showing the following information:

  4         1.  The date of the lien or ownership interest;

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

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

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

  8         4.  The name and address of the lienholder or claimant

  9  asserting the ownership interest.

10

11  Upon the filing of such notice of lien or ownership interest

12  and the payment of the fee provided in s. 319.32, the lien or

13  ownership interest shall be recorded in the department and

14  shall be valid for a period of 4 years from the date of

15  filing.

16         (b)  In the case of ownership interest filed with the

17  department which is different from that shown on an

18  application for certificate of title, a certificate of title

19  shall not be issued until 30 days after the claimant filing

20  the ownership interest has been notified of the conflict by

21  certified mail. If, within the 30-day period, the claimant

22  files with the department a written statement under oath that

23  the ownership interest on that particular vehicle is still

24  outstanding, the department shall not issue the certificate

25  for a period of 90 days after receipt of the statement. The

26  claimant may file an action to enforce the ownership interest

27  in a court of competent jurisdiction within the 90-day period.

28  If the department is served with a copy of the court action

29  within the 90-day period, the department shall not issue the

30  certificate to anyone until after such conflict has been

31  settled by a final ruling by the court. If, within the 30-day

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  1  period, the claimant fails to file such written statement

  2  under oath with the department or, within the 90-day period,

  3  fails to file and serve the department with an action in a

  4  court of competent jurisdiction to enforce the ownership

  5  interest, the ownership interest shall be removed from the

  6  records of the department and shall thereafter be

  7  unenforceable, and the certificate of title may be issued in

  8  accordance with the pending application, subject to, and

  9  reflecting on such certificate of title, all liens of

10  creditors of the types listed in paragraph (c).

11         (c)(b)  When a Florida certificate of title is first

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

13  registered outside this state, the department shall note on

14  the Florida certificate of title the following liens:

15         1.  Any lien shown on the application for Florida

16  certificate of title;

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

18  paragraph (a); and

19         3.  Any lien shown on the existing certificate of title

20  issued by another state.

21         (d)(c)  When a Florida certificate of title has been

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

23  registered outside this state, liens valid in and registered

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

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

26  certificate of title under the provisions of this section.

27         Section 23.  Section 319.275, Florida Statutes, is

28  created to read:

29         319.275  Interpleader actions for law enforcement

30  alleging possession of stolen motor vehicle by good faith

31  purchaser.--

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  1         (1)  Whenever a law enforcement officer has probable

  2  cause to believe that a Florida resident is in possession of a

  3  motor vehicle alleged by another to be stolen and the officer

  4  has authority to take possession of the motor vehicle, but the

  5  officer has reason to believe that the resident in possession

  6  is a good faith purchaser of the motor vehicle or is a person

  7  who has been duly issued a certificate of title, the officer

  8  may not take physical possession of the motor vehicle until

  9  lawful ownership has been determined by a court, unless the

10  competing claimants agree to another resolution or unless,

11  until judicial resolution, the vehicle is stored within the

12  county of residence of the resident in possession of the

13  vehicle or in the county of residence of the Florida

14  titleholder. The officer may, in lieu of seizing the motor

15  vehicle, assert constructive possession by bringing an action

16  to compel all claimants to interplead in county court. The

17  petition in such action shall set forth, under oath, the

18  following facts:

19         (a)  The identity of the motor vehicle, with reasonable

20  specificity.

21         (b)  The identity and address of the person in

22  possession of the motor vehicle.

23         (c)  The basis upon which the law enforcement officer

24  claims authority to take possession of the motor vehicle.

25         (d)  The fact and date of written notice delivered in

26  person to the person in possession of the motor vehicle.

27         (e)  The fact that the person in possession of the

28  motor vehicle may be a good faith purchaser of the motor

29  vehicle or a person who has been duly issued a certificate of

30  title.

31

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  1         (f)  The identity and address of any other claimant to

  2  the motor vehicle, including any creditor claiming a lien on

  3  such vehicle.

  4         (g)  The probable cause upon which the officer believes

  5  the motor vehicle to be stolen.

  6         (2)  A verified copy of the written notice delivered to

  7  the person in possession of the motor vehicle as provided in

  8  this section shall be attached to the petition.

  9         (3)  Prior to filing the petition, the officer shall

10  ensure that written notice has been delivered to the person in

11  possession of the motor vehicle. The written notice shall

12  inform the person that the officer claims authority to take

13  possession of the motor vehicle, and that an action to compel

14  the person to interplead will be filed in county court unless

15  the person first surrenders possession voluntarily to the

16  officer. The notice shall inform the person of the address of

17  the court and the business telephone number of the officer or

18  a business agent of the law enforcement agency through whom

19  additional information about the filing of the action may be

20  later obtained.

21         (4)  The case shall proceed as an interpleader action

22  as may be provided by law and court rule.

23         (5)  If the motor vehicle is subject to certification

24  of title by the department, the law enforcement officer shall

25  deliver a certified copy of the petition to the appropriate

26  office to place a hold on transfer of the title to such motor

27  vehicle.

28         (6)  Title to such motor vehicle shall not be

29  transferred, except among and between all parties named in the

30  petition or intervening in the action, unless and until a

31

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  1  judgment adjudicating title is entered in the interpleader

  2  action.

  3         (7)  If the person in possession of the motor vehicle

  4  answers the petition and establishes his or her status as a

  5  good faith purchaser of the motor vehicle or a person who has

  6  been duly issued a certificate of title, an adverse claimant

  7  to the motor vehicle shall default upon such claim and lose

  8  all right and title in and to the motor vehicle unless, within

  9  30 days after service of process in the action upon a

10  claimant, the claimant files an answer establishing his or her

11  right and title in and to the motor vehicle. Upon default of

12  all such claimants, the person in possession of the motor

13  vehicle shall be adjudged the rightful owner of the motor

14  vehicle. In case of default by all nonpossessory claimants, no

15  costs shall be charged to any party. This section shall not

16  serve to extend any time to answer provided under an

17  applicable rule of civil procedure.

18         (8)  If a claimant not in possession of the motor

19  vehicle files an answer in the action alleging his or her

20  ownership of the motor vehicle or intervenes in the action

21  alleging ownership, such claimant shall pay costs in an amount

22  of $250 or 5 percent of the estimated value of the motor

23  vehicle, whichever is less. No other filing fees or costs

24  shall be assessed to any party in such action.

25         (9)  If more than one party claiming ownership appears

26  in the action, the court shall determine the legal owner of

27  the motor vehicle pursuant to law.

28         Section 24.  Subsection (1) of section 319.32, Florida

29  Statutes, is amended to read:

30         319.32  Fees; service charges; disposition.--

31

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  1         (1)  The department shall charge a fee of $24 for each

  2  original certificate of title except for a certificate of

  3  title for a motor vehicle for hire registered under s.

  4  320.08(6), for which the title fee shall be $3, $24 for each

  5  duplicate copy of a certificate of title except for a

  6  certificate of title for a motor vehicle for hire registered

  7  under s. 320.08(6), for which the title fee shall be $3, $2

  8  for each salvage certificate of title, and $3 for each

  9  assignment by a lienholder.  It shall also charge a fee of $2

10  for noting a lien on a title certificate or otherwise

11  recording a lien or ownership interest pursuant to s. 319.27,

12  which fee shall include the services for the subsequent

13  issuance of a corrected certificate or cancellation of lien

14  when that lien is satisfied. If an application for a

15  certificate of title is for a rebuilt vehicle, the department

16  shall charge an additional fee of $40 for conducting a

17  physical examination of the vehicle to assure its identity. In

18  addition to all other fees charged, a sum of $1 shall be paid

19  for the issuance of an original or duplicate certificate of

20  title to cover the cost of materials used for security

21  purposes.

22         Section 25.  Section 319.323, Florida Statutes, is

23  amended to read:

24         319.323  Expedited service; applications; fees.--The

25  department shall establish a separate title office which may

26  be utilized by private citizens and licensed motor vehicle

27  dealers to receive expedited service on title transfers, title

28  issuances, duplicate titles, and recordation of liens, and

29  certificates of repossession. A fee of $7 shall be charged for

30  this service, which fee is in addition to the fees imposed by

31  s. 319.32. Application for such expedited service may be made

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  1  by mail or in person.  The department shall issue each title

  2  applied for pursuant to this section within 5 working days

  3  after receipt of the application except for an application for

  4  a duplicate title certificate covered by s. 319.23(4), in

  5  which case the title must be issued within 5 working days

  6  after compliance with the department's verification

  7  requirements. This section shall not apply to an application

  8  based upon a title certificate issued by another state or

  9  country unless the application is for a title to be issued to

10  the person to whom the current non-Florida certificate was

11  issued.

12         Section 26.  Paragraph (c) of subsection (3) of section

13  319.23, Florida Statutes, is amended to read:

14         319.23  Application for, and issuance of, certificate

15  of title.--

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

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

18  application, unless otherwise provided for in this chapter,

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

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

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

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

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

24  state.  The application shall also be accompanied by:

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

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

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

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

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

30  complete vehicle description to include the vehicle

31

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

  2  price, and signatures of the seller and purchaser.

  3

  4  Verification of the vehicle identification number is not

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

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

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

  8  or fifth-wheel recreation trailer.

  9         Section 27.  Paragraph (a) of subsection (1) of section

10  319.28, Florida Statutes, is amended to read:

11         319.28  Transfer of ownership by operation of law.--

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

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

14  inheritance, devise or bequest, order in bankruptcy,

15  insolvency, replevin, attachment, execution or other judicial

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

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

18  storage or repair charges or repossession is had upon default

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

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

21  like agreement, and upon the surrender of the prior

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

23  presentation of satisfactory proof to the department of

24  ownership and right of possession to such motor vehicle or

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

26  presentation of an application for certificate of title, the

27  department may issue to the applicant a certificate of title

28  thereto.  If the application is predicated upon a security

29  agreement, chattel mortgage, conditional sales contract, trust

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

31  certified copy thereof shall accompany the application;

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  1  however, if an owner under a chattel mortgage voluntarily

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

  3  original or a certified copy of the chattel mortgage shall

  4  accompany the application for a certificate of title and it

  5  shall not be necessary to institute proceedings in any court

  6  to foreclose such mortgage.

  7         Section 28.  Paragraphs (e) and (f) of subsection (1)

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

  9  Statutes, are amended to read:

10         319.30  Definitions; dismantling, destruction, change

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

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

13         (e)  "Major component parts" means:

14         1.  For motor vehicles other than motorcycles:  the

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

16  assembly, rear body section (both quarter panels, decklid,

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

18  transmission, and airbag.

19         2.  For trucks, in addition to 1. above:  the truck

20  bed.

21         3.  For motorcycles:  body assembly, frame, fenders,

22  gas tanks, engine, cylinder block, heads, engine case, crank

23  case, transmission, drive train, front fork assembly, and

24  wheels.

25         4.  For mobile homes:  the frame. the front-end

26  assembly (fenders, hood, grill, and bumper); cowl assembly;

27  rear body section (both quarter panels, decklid, bumper, and

28  floor pan); door assemblies; engine; frame; or transmission.

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

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

31

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

  2  pan).

  3         (3)

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

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

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

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

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

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

10  home shall obtain the certificate of title for the motor

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

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

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

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

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

16  certificate of title or certificate of destruction from the

17  department. When applying for a salvage certificate of title

18  or certificate of destruction, the owner or insurance company

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

20  repairing the physical and mechanical damage suffered by the

21  vehicle for which a salvage certificate of title or

22  certificate of destruction is sought. If the estimated costs

23  of repairing the physical and mechanical damage to the vehicle

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

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

26  mobile home guide, the department shall declare the vehicle

27  unrebuildable and print a certificate of destruction, which

28  authorizes the dismantling or destruction of the motor vehicle

29  or mobile home described therein. This certificate of

30  destruction shall be reassignable a maximum of two times

31  before dismantling or destruction of the vehicle shall be

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

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

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

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

  5  certificate of title for that vehicle. Nothing in this

  6  subsection shall be applicable when a vehicle is worth less

  7  than $1,500 retail in undamaged condition in any official used

  8  motor vehicle guide or used mobile home guide. An insurer

  9  paying a total loss claim may obtain a certificate of

10  destruction for such vehicle. or When a stolen motor vehicle

11  or mobile home is recovered in substantially intact condition

12  and is readily resalable without extensive repairs to or

13  replacement of the frame or engine, the insurer shall obtain a

14  certificate of title in its own name before the vehicle may be

15  sold or transferred. Any person who willfully and deliberately

16  violates this paragraph or falsifies any document to avoid the

17  requirements of this paragraph commits a misdemeanor of the

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

19  775.083.

20         Section 29.  Subsection (1) of section 320.01, Florida

21  Statutes, is amended to read:

22         320.01  Definitions, general.--As used in the Florida

23  Statutes, except as otherwise provided, the term:

24         (1)  "Motor vehicle" means:

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

26  semitrailer, truck tractor and semitrailer combination, or any

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

28  transport persons or property, and propelled by power other

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

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

31  bicycles, motorized scooters, or mopeds.

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  1         (b)  A recreational vehicle-type unit primarily

  2  designed as temporary living quarters for recreational,

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

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

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

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

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

  8  defined below, the basic entities are:

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

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

11  require special highway movement permits when drawn by a

12  motorized vehicle. It is primarily designed and constructed to

13  provide temporary living quarters for recreational, camping,

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

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

16  factory-equipped for the road.

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

18  portable unit mounted on wheels and constructed with

19  collapsible partial sidewalls which fold for towing by another

20  vehicle and unfold at the campsite to provide temporary living

21  quarters for recreational, camping, or travel use.

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

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

24  bed or chassis of the truck and constructed to provide

25  temporary living quarters for recreational, camping, or travel

26  use.

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

28  does not exceed the 40 feet in length, and the height, and the

29  width limitations provided in s. 316.515, is a self-propelled

30  motor vehicle, and is primarily designed to provide temporary

31  living quarters for recreational, camping, or travel use.

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

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

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

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

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

  6  temporary living quarters for recreational, camping, or travel

  7  use.

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

  9  which does not exceed the length and width limitations

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

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

12  travel use.

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

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

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

16  or temporary living quarters when connected to utilities

17  necessary for operation of installed fixtures and appliances.

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

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

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

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

22  standards, and 500 square feet when constructed to United

23  States Department of Housing and Urban Development Standards.

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

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

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

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

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

29  unit mounted on wheels, designed to provide temporary living

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

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

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

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

  3  vehicle that contains a towing mechanism that is mounted above

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

  5         Section 30.  Subsection (45) is added to section

  6  320.01, Florida Statutes, to read:

  7         320.01  Definitions, general.--As used in the Florida

  8  Statutes, except as otherwise provided, the term:

  9         (45)  "Extended registration period" means a period of

10  24 months during which a motor vehicle or mobile home

11  registration is valid.

12         Section 31.  Present subsections (2) through (7) of

13  section 320.055, Florida Statutes, are renumbered as

14  subsections (3) through (8), respectively, and a new

15  subsection (2) is added to said section to read:

16         320.055  Registration periods; renewal periods.--The

17  following registration periods and renewal periods are

18  established:

19         (2)  Any motor vehicle that is subject to registration

20  under s. 320.08(1), (2), or (3) and is owned by a natural

21  person is eligible for an extended registration period, which

22  begins the first day of the birth month of the owner and ends

23  the last day of the month immediately preceding the owner's

24  birth month 24 months after the beginning of the registration

25  period.  If the vehicle is registered in the name of more than

26  one person, the birth month of the person whose name first

27  appears on the registration shall be used to determine the

28  extended registration period.  For a vehicle subject to this

29  extended registration period, the renewal period is the 30-day

30  period ending at midnight on the vehicle owner's date of

31  birth.

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  1         Section 32.  Paragraphs (b) and (c) of subsection (1)

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

  3         320.06  Registration certificates, license plates, and

  4  validation stickers generally.--

  5         (1)

  6         (b)  Registration license plates bearing a graphic

  7  symbol and the alphanumeric system of identification shall be

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

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

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

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

12  $10 replacement fee.  The fees shall be deposited into the

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

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

15  replacement fee when the plate is replaced or surrendered

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

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

18  birth month or the appropriate renewal period if the owner is

19  not a natural person. This validation sticker shall be placed

20  on the upper left corner of the license plate and shall be

21  issued one time during the life of the license plate, or upon

22  request when it has been damaged or destroyed.  There shall

23  also be issued with each license plate a serially numbered

24  validation sticker showing the year of expiration, which

25  sticker shall be placed on the upper right corner of the

26  license plate. Such license plate and validation stickers

27  shall be issued based on the applicant's appropriate renewal

28  period.  The registration period shall be a period of 12

29  months, and the extended registration period shall be a period

30  of 24 months, and all expirations shall occur based on the

31  applicant's appropriate registration or extended registration

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  1  period.  A vehicle with an apportioned registration shall be

  2  issued an annual license plate and a cab card that denote the

  3  declared gross vehicle weight for each apportioned

  4  jurisdiction in which the vehicle is authorized to operate.

  5         (c)  Registration license plates equipped with

  6  validation stickers subject to the registration period shall

  7  be valid for not more than 12 months and shall expire at

  8  midnight on the last day of the registration period.

  9  Registration license plates equipped with validation stickers

10  subject to the extended registration period shall be valid for

11  not more than 24 months and shall expire at midnight on the

12  last day of the extended registration period.  For each

13  registration period after the one in which the metal

14  registration license plate is issued, and until the license

15  plate is required to be replaced, a validation sticker showing

16  the year of expiration shall be issued upon payment of the

17  proper license tax amount and fees and shall be valid for not

18  more than 12 months. For each extended registration period

19  occurring after the period in which the metal registration

20  license plate is issued, and until the license plate is

21  required to be replaced, a validation sticker showing the year

22  of expiration shall be issued upon payment of the proper

23  license tax amount and fees and shall be valid for not more

24  than 24 months. When license plates equipped with validation

25  stickers are issued in any month other than the owner's birth

26  month or the designated registration period for any other

27  motor vehicle, the effective date shall reflect the birth

28  month or month and the year of renewal. However, when a

29  license plate or validation sticker is issued for a period of

30  less than 12 months, the applicant shall pay the appropriate

31  amount of license tax and the applicable fee under the

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  1  provisions of s. 320.14 in addition to all other fees.

  2  Validation stickers issued for vehicles taxed under the

  3  provisions of s. 320.08(6)(a), for any company which owns 250

  4  vehicles or more, or for semitrailers taxed under the

  5  provisions of s. 320.08(5)(a), for any company which owns 50

  6  vehicles or more, may be placed on any vehicle in the fleet so

  7  long as the vehicle receiving the validation sticker has the

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

  9  validation sticker was originally assigned.

10         Section 33.  Subsection (1) of section 320.07, Florida

11  Statutes, is amended, present subsections (3) through (5) are

12  renumbered as subsections (4) through (6), respectively, and a

13  new subsection (3) is added to said section, to read:

14         320.07  Expiration of registration; annual renewal

15  required; penalties.--

16         (1)  The registration of a motor vehicle or mobile home

17  shall expire at midnight on the last day of the registration

18  or extended registration period.  A vehicle shall not be

19  operated on the roads of this state after expiration of the

20  renewal period unless the registration has been renewed

21  according to law.

22         (3)  Any person who owns a motor vehicle registered

23  under s. 320.08(1), (2), or (3) may alternatively renew the

24  vehicle registration biennially during the applicable renewal

25  period, upon payment of the cumulative of all applicable

26  license tax amounts required by s. 320.08, service charges

27  required by s. 320.04, and any additional fees required by law

28  for the 24-month extended registration period.

29         Section 34.  Subsections (18) and (19) are added to

30  section 320.02, Florida Statutes, to read:

31

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  1         320.02  Registration required; application for

  2  registration; forms.--

  3         (18)  The application form for motor vehicle

  4  registration and renewal of registration must include language

  5  permitting a voluntary contribution of $2 per applicant, which

  6  shall be distributed to the Hearing Research Institute,

  7  Incorporated, for the purpose of infant hearing screening in

  8  Florida.

  9         (19)  The application form for motor vehicle

10  registration and renewal of registration must include language

11  permitting a voluntary contribution of $1 per applicant, which

12  shall be distributed to the Juvenile Diabetes Foundation

13  International.

14         Section 35.  Paragraph (b) of subsection (4) and

15  subsections (5), (6), and (7) of section 320.023, Florida

16  Statutes, are amended, and subsection (8) is added to said

17  section, to read:

18         320.023  Requests to establish voluntary checkoff on

19  motor vehicle registration application.--

20         (4)

21         (b)  The department is authorized to discontinue the

22  voluntary contribution and distribution of associated proceeds

23  if the organization no longer exists, if the organization has

24  stopped providing services that are authorized to be funded

25  from the voluntary contributions, or pursuant to an

26  organizational recipient's request. Organizations are required

27  to notify the department immediately to stop warrants for

28  voluntary check-off contributions if any of the conditions in

29  this subsection exist, and must meet the requirements of

30  paragraph (5)(b) or paragraph (5)(c), if applicable, for any

31  period of operation during the fiscal year.

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  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

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  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 shall 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         (8)  All organizations seeking to establish a voluntary

23  contribution on a motor vehicle registration application that

24  are required to operate under the Solicitation of

25  Contributions Act, as provided in chapter 496, must do so

26  before funds may be distributed.

27         Section 36.  Subsections (1) and (2) of section

28  320.025, Florida Statutes, are amended to read:

29         320.025  Registration certificate and license plate

30  issued under fictitious name; application.--

31

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  1         (1)  A confidential registration certificate and

  2  registration license plate or decal shall be issued under a

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

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

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

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

  7  office. The requesting agency shall file a written application

  8  with the department on forms furnished by the department,

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

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

11  enforcement or any state public defender's office activities

12  requiring concealment of publicly leased or owned motor

13  vehicles or vessels and a statement of the position

14  classifications of the individuals who are authorized to use

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

16  reflect the fictitious identity of the owner or lessee until

17  such time as the license plate and registration certificate

18  are surrendered to it.

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

20  vehicle owned or exclusively operated by the state or any

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

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

23  320.0655. Any vessel owned or exclusively operated by the

24  state or any county, municipality, or other governmental

25  entity must at all times display a registration number as

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

27  328.48(5).

28         Section 37.  Subsections (1) and (2) of section 320.05,

29  Florida Statutes, are amended read:

30         320.05  Records of the department; inspection

31  procedure; lists and searches; fees.--

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

  2  320.025(3), the department may release records as provided in

  3  this section.

  4         (2)  Upon receipt of an application for the

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

  6  herein provided for, the department shall register the motor

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

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

  9  department. Electronic registration records shall be open to

10  the inspection of the public during business hours.

11  Information on a motor vehicle or vessel registration may not

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

13  information furnishes positive proof of identification. The

14  agency that furnishes a motor vehicle or vessel registration

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

16  than a representative of a law enforcement agency who requests

17  and receives information from a motor vehicle or vessel

18  registration record and shall also record the name and address

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

20  information identifying the entity about which information is

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

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

23  information was released to the inquirer. Nothing in this

24  section shall prohibit any financial institution, insurance

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

26  attorney, or other agency which the department determines has

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

28  use only, information in such records from the department

29  through any means of telecommunication pursuant to a code

30  developed by the department providing all fees specified in

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

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  1  records or information to the child support enforcement agency

  2  to assist in the location of individuals who owe or

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

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

  5         Section 38.  Subsection (5) of section 320.055, Florida

  6  Statutes, is amended to read:

  7         320.055  Registration periods; renewal periods.--The

  8  following registration periods and renewal periods are

  9  established:

10         (5)  For a vehicle subject to apportioned registration

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

12  registration period shall be a period of 12 months beginning

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

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

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

16  the registration period. The registration period may be

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

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

19  distribute such registrations on a monthly basis. For vehicles

20  subject to registration other than apportioned under s.

21  320.08(4), (5)(a)1., (6)(b), or (14), the registration period

22  begins December 1 and ends November 30. The renewal period is

23  the 31-day period beginning December 1.

24         Section 39.  Paragraphs (b) and (c) of subsection (1)

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

26         320.06  Registration certificates, license plates, and

27  validation stickers generally.--

28         (1)

29         (b)  Registration license plates bearing a graphic

30  symbol and the alphanumeric system of identification shall be

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

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

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

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

  4  $10 replacement fee.  The fees shall be deposited into the

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

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

  7  replacement fee when the plate is replaced or surrendered

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

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

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

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

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

13  upper right corner of the license plate. This validation

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

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

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

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

18  a serially numbered validation sticker showing the year of

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

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

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

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

23  12 months, and all expirations shall occur based on the

24  applicant's appropriate registration period.  A vehicle with

25  an apportioned registration shall be issued an annual license

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

27  weight for each apportioned jurisdiction in which the vehicle

28  is authorized to operate.

29         (c)  Registration license plates equipped with

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

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

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  1  registration period.  For each registration period after the

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

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

  4  validation sticker showing the month and year of expiration

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

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

  7  license plates equipped with validation stickers are issued in

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

  9  registration period for any other motor vehicle, the effective

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

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

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

13  shall pay the appropriate amount of license tax and the

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

15  to all other fees.  Validation stickers issued for vehicles

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

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

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

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

20  fleet so long as the vehicle receiving the validation sticker

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

22  the validation sticker was originally assigned.

23         Section 40.  Paragraphs (h) and (i) are added to

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

25         320.072  Additional fee imposed on certain motor

26  vehicle registration transactions.--

27         (1)  A fee of $100 is imposed upon the initial

28  application for registration pursuant to s. 320.06 of every

29  motor vehicle classified in s. 320.08(2), (3), and (9)(c) and

30  (d).

31

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

  2  to:

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

  4  period from the date the transaction is being processed.

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

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

  7  previous 10-year period.

  8         Section 41.  Subsection (6) of section 320.0805,

  9  Florida Statutes, is amended to read:

10         320.0805  Personalized prestige license plates.--

11         (6)  A personalized prestige license plate shall be

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

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

14  applicant during the same registration period. An exact

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

16  previous owner of a specific plate relinquishes it by failure

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

18  last year of issuance three consecutive annual registration

19  periods following the original year of issuance.

20         Section 42.  Paragraphs (b) and (c) of subsection (8)

21  of section 320.08056, Florida Statutes, are amended to read:

22         320.08056  Specialty license plates.--

23         (8)

24         (b)  The department is authorized to discontinue the

25  issuance of a specialty license plate and distribution of

26  associated annual use fee proceeds if the organization no

27  longer exists, if the organization has stopped providing

28  services that are authorized to be funded from the annual use

29  fee proceeds, or pursuant to an organizational recipient's

30  request. Organizations are required to notify the department

31  immediately to stop all warrants for plate sales if any of the

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  1  conditions in this section exist, and must meet the

  2  requirements of s. 320.08062 for any period of operation

  3  during a fiscal year.

  4         (c)  The requirements of paragraph (a) shall not apply

  5  to collegiate specialty license plates authorized in s.

  6  320.08058(3), and(13), (21), and (26).

  7         Section 43.  Section 320.08062, Florida Statutes, is

  8  amended to read:

  9         320.08062  Audits and attestation required; annual use

10  fees of specialty license plates.--

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

12  proceeds from the department are responsible for ensuring that

13  proceeds are used in accordance with ss. 320.08056 and

14  320.08058.

15         (b)  All organizational recipients of any specialty

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

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

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

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

20  determine if expenditures are being made in accordance with

21  the specifications outlined by law.  The audit shall be

22  prepared by a certified public accountant licensed under

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

24  notes to the financial statements should state whether

25  expenditures were made in accordance with ss. 320.08056 and

26  320.08058.

27         (b)(c)  Any organization not subject to In lieu of an

28  annual audit pursuant to s. 215.97 shall, any organization

29  receiving less than $25,000 in annual use fee proceeds

30  directly from the department, or from another state agency,

31  may annually attest report, under penalties of perjury, that

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  1  such proceeds were used in compliance with ss. 320.08056 and

  2  320.08058. The attestation shall be made annually in a form

  3  and format determined by the department.

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

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

  6  rules promulgated by the Auditor General. The annual

  7  attestation audit or report shall be submitted to the

  8  department for review within 9 months 180 days after the end

  9  of the organization's fiscal year.

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

11  audit or attestation report, the department shall determine

12  which recipients of revenues from specialty license plate

13  annual use fees have not complied with subsection (1). If the

14  department determines that an organization has not complied or

15  has failed to use the revenues in accordance with ss.

16  320.08056 and 320.08058, the department must discontinue the

17  distribution of the revenues to the organization until the

18  department determines that the organization has complied. If

19  an organization fails to comply within 12 months after the

20  annual use fee proceeds are withheld by the department, the

21  proceeds shall be deposited into the Highway Safety Operating

22  Trust Fund to offset department costs related to the issuance

23  of specialty license plates.

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

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

26  funds from the sale of specialty license plates.

27         Section 44.  Subsection (1) of section 320.083, Florida

28  Statutes, is amended to read:

29         320.083  Amateur radio operators; special license

30  plates; fees.--

31

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

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

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

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

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

  6  who holds a valid official amateur radio station license

  7  issued by the Federal Communications Commission shall be

  8  issued a special license plate upon application, accompanied

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

10  payment of the following tax and fees:

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

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

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

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

15  fee of $1.50 thereafter.

16         Section 45.  Subsections (2) and (3) of section

17  320.089, Florida Statutes, are amended to read:

18         320.089  Members of National Guard and active United

19  States Armed Forces reservists; former prisoners of war;

20  survivors of Pearl Harbor; Purple Heart medal recipients;

21  special license plates; fee.--

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

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

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

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

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

27  their unremarried surviving spouse, shall, upon application

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

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

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

31

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  1  shall be accompanied by proof that the applicant meets the

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

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

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

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

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

  7  United States were engaged in combat, or their unremarried

  8  surviving spouse, may be issued the special license plate

  9  provided for in this subsection without payment of the license

10  tax imposed by s. 320.08.

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

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

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

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

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

16  or their unremarried surviving spouse, may be issued the

17  special license plate provided for in this subsection upon

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

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

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

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

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

23  resident of this state and who is the unremarried surviving

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

25  application therefor to the department, with the payment of

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

27  320.06, on which license plate are stamped the words "Purple

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

29  the serial number.  Each application shall be accompanied by

30  proof that the applicant is the unremarried surviving spouse

31  of a recipient of the Purple Heart medal.

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  1         Section 46.  Subsection (1) of section 320.18, Florida

  2  Statutes, is amended to read:

  3         320.18  Withholding registration.--

  4         (1)  The department may withhold the registration of

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

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

  7  period or periods for which it appears registration should

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

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

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

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

12  specified in chapter 207 by a dishonored check, or if the

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

14  a weight or safety violation issued by the Department of

15  Transportation Motor Carrier Compliance Office.. The

16  Department of Transportation and the Department of Highway

17  Safety and Motor Vehicles may impound any commercial motor

18  vehicle that has a canceled license plate or fuel-use tax

19  decal until the tax liability, penalty, and interest specified

20  in chapter 207, the license tax, or the fuel-use decal fee,

21  and applicable administrative fees have been paid for by

22  certified funds.

23         Section 47.  Paragraph (c) of subsection (1) of secton

24  320.27, Florida Statutes, is amended, paragraph (f) is added

25  to said subsection, and subsections (7) and (9) of said

26  section are amended, to read:

27         320.27  Motor vehicle dealers.--

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

29  phrases when used in this section have the meanings

30  respectively ascribed to them in this subsection, except where

31  the context clearly indicates a different meaning:

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

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

  3  or offering or displaying motor vehicles for sale at wholesale

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

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

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

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

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

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

10  terms "selling" and "sale" include lease-purchase

11  transactions. A motor vehicle dealer may, at retail or

12  wholesale, sell a recreational vehicle as described in s.

13  320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of

14  a motor vehicle, provided such acquisition is incidental to

15  the principal business of being a motor vehicle dealer.

16  However, a motor vehicle dealer may not buy a recreational

17  vehicle for the purpose of resale unless licensed as a

18  recreational vehicle dealer pursuant to s. 320.771. A motor

19  vehicle dealer may apply for a certificate of title to a motor

20  vehicle required to be registered under s. 320.08(2)(b), (c),

21  and (d), using a manufacturer's statement of origin as

22  permitted by s. 319.23(1), only if such dealer is authorized

23  by a franchised agreement as defined in s. 320.60(1), to buy,

24  sell, or deal in such vehicle and is authorized by such

25  agreement to perform delivery and preparation obligations and

26  warranty defect adjustments on the motor vehicle; provided

27  this limitation shall not apply to recreational vehicles, van

28  conversions, or any other motor vehicle manufactured on a

29  truck chassis. The transfer of a motor vehicle by a dealer not

30  meeting these qualifications shall be titled as a used

31

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  1  vehicle. The classifications of motor vehicle dealers are

  2  defined as follows:

  3         1.  "Franchised motor vehicle dealer" means any person

  4  who engages in the business of repairing, servicing, buying,

  5  selling, or dealing in motor vehicles pursuant to an agreement

  6  as defined in s. 320.60(1).

  7         2.  "Independent motor vehicle dealer" means any person

  8  other than a franchised or wholesale motor vehicle dealer who

  9  engages in the business of buying, selling, or dealing in

10  motor vehicles, and who may service and repair motor vehicles.

11         3.  "Wholesale motor vehicle dealer" means any person

12  who engages exclusively in the business of buying, selling, or

13  dealing in motor vehicles at wholesale or with motor vehicle

14  auctions. Such person shall be licensed to do business in this

15  state, shall not sell or auction a vehicle to any person who

16  is not a licensed dealer, and shall not have the privilege of

17  the use of dealer license plates. Any person who buys, sells,

18  or deals in motor vehicles at wholesale or with motor vehicle

19  auctions on behalf of a licensed motor vehicle dealer and as a

20  bona fide employee of such licensed motor vehicle dealer is

21  not required to be licensed as a wholesale motor vehicle

22  dealer. In such cases it shall be prima facie presumed that a

23  bona fide employer-employee relationship exists. A wholesale

24  motor vehicle dealer shall be exempt from the display

25  provisions of this section but shall maintain an office

26  wherein records are kept in order that those records may be

27  inspected.

28         4.  "Motor vehicle auction" means any person offering

29  motor vehicles or recreational vehicles for sale to the

30  highest bidder where both sellers and buyers are licensed

31

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  1  motor vehicle dealers. Such person shall not sell a vehicle to

  2  anyone other than a licensed motor vehicle dealer.

  3         5.  "Salvage motor vehicle dealer" means any person who

  4  engages in the business of acquiring salvaged or wrecked motor

  5  vehicles for the purpose of reselling them and their parts.

  6

  7  The term "motor vehicle dealer" does not include persons not

  8  engaged in the purchase or sale of motor vehicles as a

  9  business who are disposing of vehicles acquired for their own

10  use or for use in their business or acquired by foreclosure or

11  by operation of law, provided such vehicles are acquired and

12  sold in good faith and not for the purpose of avoiding the

13  provisions of this law; persons engaged in the business of

14  manufacturing, selling, or offering or displaying for sale at

15  wholesale or retail no more than 25 trailers in a 12-month

16  period; public officers while performing their official

17  duties; receivers; trustees, administrators, executors,

18  guardians, or other persons appointed by, or acting under the

19  judgment or order of, any court; banks, finance companies, or

20  other loan agencies that acquire motor vehicles as an incident

21  to their regular business; motor vehicle brokers; and motor

22  vehicle rental and leasing companies that sell motor vehicles

23  to motor vehicle dealers licensed under this section. Vehicles

24  owned under circumstances described in this paragraph may be

25  disposed of at retail, wholesale, or auction, unless otherwise

26  restricted. A manufacturer of fire trucks, ambulances, or

27  school buses may sell such vehicles directly to governmental

28  agencies or to persons who contract to perform or provide

29  firefighting, ambulance, or school transportation services

30  exclusively to governmental agencies without processing such

31  sales through dealers if such fire trucks, ambulances, school

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  1  buses, or similar vehicles are not presently available through

  2  motor vehicle dealers licensed by the department.

  3         (f)  "Bona fide employee" means a person who is

  4  employed by a licensed motor vehicle dealer and receives

  5  annually an Internal Revenue Service Form W-2, or an

  6  independent contractor who has a written contract with a

  7  licensed motor vehicle dealer and receives annually an

  8  Internal Revenue Service Form 1099, for the purpose of acting

  9  in the capacity of or conducting motor vehicle sales

10  transactions as a motor vehicle dealer.

11         (7)  CERTIFICATE OF TITLE REQUIRED.--For each used

12  motor vehicle in the possession of a licensee and offered for

13  sale by him or her, the licensee either shall have in his or

14  her possession or control a duly assigned certificate of title

15  from the owner in accordance with the provisions of chapter

16  319, from the time when the motor vehicle is delivered to the

17  licensee and offered for sale by him or her until it has been

18  disposed of by the licensee, or shall have reasonable indicia

19  of ownership or right of possession, or shall have made proper

20  application for a certificate of title or duplicate

21  certificate of title in accordance with the provisions of

22  chapter 319.  A motor vehicle dealer may not sell or offer for

23  sale a vehicle in his or her possession unless the dealer

24  satisfies the requirements of this subsection. Reasonable

25  indicia of ownership shall include a duly assigned certificate

26  of title; in the case of a new motor vehicle, a manufacturer's

27  certificate of origin issued to or reassigned to the dealer; a

28  consignment contract between the owner and the dealer along

29  with a secure power of attorney from the owner to the dealer

30  authorizing the dealer to apply for a duplicate certificate of

31  title and assign the title on behalf of the owner; a court

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  1  order awarding title to the vehicle to the dealer; a salvage

  2  certificate of title; a photocopy of a duly assigned

  3  certificate of title being held by a financial institution as

  4  collateral for a business loan of money to the dealer ("floor

  5  plan"); a copy of a canceled check or other documentation

  6  evidencing that an outstanding lien on a vehicle taken in

  7  trade by a licensed dealer has been satisfied and that the

  8  certificate of title will be, but has not yet been, received

  9  by the dealer; a vehicle purchase order or installment

10  contract for a specific vehicle identifying that vehicle as a

11  trade-in on a replacement vehicle; or a duly executed odometer

12  disclosure statement as required by Title IV of the Motor

13  Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.

14  92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.

15  100-561) and by 49 C.F.R. part 580 bearing the signatures of

16  the titled owners of a traded-in vehicle.

17         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

18  may deny, suspend, or revoke any license issued hereunder or

19  under the provisions of s. 320.77 or s. 320.771, upon proof

20  that a licensee has failed to comply with any of the following

21  provisions with sufficient frequency so as to establish a

22  pattern of wrongdoing on the part of the licensee:

23         (a)  Willful violation of any other law of this state,

24  including chapter 319, this chapter, or ss. 559.901-559.9221,

25  which has to do with dealing in or repairing motor vehicles or

26  mobile homes or willful failure to comply with any

27  administrative rule promulgated by the department.

28  Additionally, in the case of used motor vehicles, the willful

29  violation of the federal law and rule in 15 U.S.C. s. 2304, 16

30  C.F.R. part 455, pertaining to the consumer sales window form.

31

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  1         (b)  Commission of fraud or willful misrepresentation

  2  in application for or in obtaining a license.

  3         (c)  Perpetration of a fraud upon any person as a

  4  result of dealing in motor vehicles, including, without

  5  limitation, the misrepresentation to any person by the

  6  licensee of the licensee's relationship to any manufacturer,

  7  importer, or distributor.

  8         (d)  Representation that a demonstrator is a new motor

  9  vehicle, or the attempt to sell or the sale of a demonstrator

10  as a new motor vehicle without written notice to the purchaser

11  that the vehicle is a demonstrator. For the purposes of this

12  section, a "demonstrator," a "new motor vehicle," and a "used

13  motor vehicle" shall be defined as under s. 320.60.

14         (e)  Unjustifiable refusal to comply with a licensee's

15  responsibility under the terms of the new motor vehicle

16  warranty issued by its respective manufacturer, distributor,

17  or importer. However, if such refusal is at the direction of

18  the manufacturer, distributor, or importer, such refusal shall

19  not be a ground under this section.

20         (f)  Misrepresentation or false, deceptive, or

21  misleading statements with regard to the sale or financing of

22  motor vehicles which any motor vehicle dealer has, or causes

23  to have, advertised, printed, displayed, published,

24  distributed, broadcast, televised, or made in any manner with

25  regard to the sale or financing of motor vehicles.

26         (g)  Requirement by any motor vehicle dealer that a

27  customer or purchaser accept equipment on his or her motor

28  vehicle which was not ordered by the customer or purchaser.

29         (h)  Requirement by any motor vehicle dealer that any

30  customer or purchaser finance a motor vehicle with a specific

31  financial institution or company.

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  1         (i)  Failure by any motor vehicle dealer to provide a

  2  customer or purchaser with an odometer disclosure statement

  3  and a copy of any bona fide written, executed sales contract

  4  or agreement of purchase connected with the purchase of the

  5  motor vehicle purchased by the customer or purchaser.

  6         (j)  Failure of any motor vehicle dealer to comply with

  7  the terms of any bona fide written, executed agreement,

  8  pursuant to the sale of a motor vehicle.

  9         (k)  Requirement by the motor vehicle dealer that the

10  purchaser of a motor vehicle contract with the dealer for

11  physical damage insurance.

12         (l)  Violation of any of the provisions of s. 319.35 by

13  any motor vehicle dealer.

14         (m)  Either a history of bad credit or an unfavorable

15  credit rating as revealed by the applicant's official credit

16  report or by investigation by the department.

17         (n)  Failure to disclose damage to a new motor vehicle

18  as defined in s. 320.60(10) of which the dealer had actual

19  knowledge if the dealer's actual cost of repair, excluding

20  tires, bumpers, and glass, exceeds 3 percent of the

21  manufacturer's suggested retail price; provided, however, if

22  only the application of exterior paint is involved, disclosure

23  shall be made if such touch-up paint application exceeds $100.

24         (o)  Failure to apply for transfer of a title as

25  prescribed in s. 319.23(6).

26         (p)  Use of the dealer license identification number by

27  any person other than the licensed dealer or his or her

28  designee.

29         (q)  Conviction of a felony.

30         (r)  Failure to continually meet the requirements of

31  the licensure law.

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  1         (s)  A person who has been When a motor vehicle dealer

  2  is convicted of a crime, infraction, or violation as set forth

  3  in paragraph (g) which results in his or her being prohibited

  4  from continuing in that capacity, the dealer may not serve

  5  continue in any capacity within the industry.  Such person The

  6  offender shall have no financial interest, management, sales,

  7  or other role in the operation of a dealership.  Further, the

  8  person offender may not derive income from the dealership

  9  beyond reasonable compensation for the sale of his or her

10  ownership interest in the business. The license or application

11  of any dealership in which such person has an interest or

12  plays a role in violation of this subsection shall be denied

13  or revoked, as the case may be.

14         (t)  Representation to a customer or any advertisement

15  to the general public representing or suggesting that a motor

16  vehicle is a new motor vehicle if such vehicle lawfully cannot

17  be titled in the name of the customer or other member of the

18  general public by the seller using a manufacturer's statement

19  of origin as permitted in s. 319.23(1).

20         (u)  Failure to honor a bank draft or check given to a

21  motor vehicle dealer for the purchase of a motor vehicle by

22  another motor vehicle dealer within 10 days after notification

23  that the bank draft or check has been dishonored.  A single

24  violation of this paragraph is sufficient for revocation or

25  suspension.  If the transaction is disputed, the maker of the

26  bank draft or check shall post a bond in accordance with the

27  provisions of s. 559.917, and no proceeding for revocation or

28  suspension shall be commenced until the dispute is resolved.

29         (v)  Sale by a motor vehicle dealer of a vehicle

30  offered in trade by a customer prior to consummation of the

31  sale, exchange, or transfer of a newly acquired vehicle to the

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  1  customer, unless the customer provides written authorization

  2  for the sale of the trade-in vehicle prior to delivery of the

  3  newly acquired vehicle.

  4         Section 48.  Subsection (24) is added to section

  5  320.64, Florida Statutes, to read:

  6         320.64  Denial, suspension, or revocation of license;

  7  grounds.--A license may be denied, suspended, or revoked

  8  within the entire state or at any specific location or

  9  locations within the state at which the applicant or licensee

10  engages or proposes to engage in business, upon proof that an

11  applicant or licensee has failed to comply with any of the

12  following provisions with sufficient frequency so as to

13  establish a pattern of wrongdoing on the part of the

14  applicant:

15         (24)  The applicant or licensee has competed or is

16  competing, with respect to any activity covered by the

17  franchise agreement, with a motor vehicle dealer of the same

18  line-make located in this state with whom the applicant or

19  licensee has entered into a franchise agreement, except as

20  permitted in s. 320.645.

21

22  A motor vehicle dealer who can demonstrate that a violation

23  of, or failure to comply with, any of the preceding provisions

24  by an applicant or licensee will or can adversely and

25  pecuniarily affect the complaining dealer, shall be entitled

26  to pursue all of the remedies, procedures, and rights of

27  recovery available under ss. 320.695 and 320.697.

28         Section 49.  Section 320.691, Florida Statutes, is

29  created to read:

30         320.691  Automobile Dealers Industry Advisory Board.--

31

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  1         (1)  AUTOMOBILE DEALERS INDUSTRY ADVISORY BOARD.--The

  2  Automobile Dealers Industry Advisory Board is created within

  3  the Department of Highway Safety and Motor Vehicles. The board

  4  shall make recommendations on proposed legislation, make

  5  recommendations on proposed rules and procedures, present

  6  licensed motor vehicle dealer industry issues to the

  7  department for its consideration, consider any matters

  8  relating to the motor vehicle industry presented to it by the

  9  department, and submit an annual report to the Executive

10  Director of the department and file copies with the Governor,

11  President of the Senate, and the Speaker of the House of

12  Representatives.

13         (2)  MEMBERSHIP, TERMS, MEETINGS.--

14         (a)  The board shall be composed of 12 members. The

15  Executive Director of the Department of Highway Safety and

16  Motor Vehicles shall appoint the members from names submitted

17  by the entities for the designated categories the member will

18  represent. The Executive Director shall appoint one

19  representative of the Department of Highway Safety and Motor

20  Vehicles, who must represent the Division of Motor Vehicles;

21  two representatives of the independent motor vehicle industry

22  as recommended by the Florida Independent Automobile Dealers

23  Association; two representatives of the franchise motor

24  vehicle industry as recommended by the Florida Automobile

25  Dealers Association; one representative of the auction motor

26  vehicle industry who is from an auction chain and is

27  recommended by a group affiliated with the National Auto

28  Auction Association; one representative of the auction motor

29  vehicle industry who is from an independent auction and is

30  recommended by a group affiliated with the National Auto

31  Auction Association; one representative from the Department of

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  1  Revenue; a Florida Tax Collector representative recommended by

  2  the Florida Tax Collectors Association; one representative

  3  from the Better Business Bureau; one representative from the

  4  Department of Agriculture and Consumer Services, who must

  5  represent the Division of Consumer Services; and one

  6  representative of the insurance industry who writes motor

  7  vehicle dealer surety bonds.

  8         (b)1.  The Executive Director shall appoint the

  9  following initial members to 1-year terms: one representative

10  from the motor vehicle auction industry who represents an

11  auction chain, one representative from the independent motor

12  vehicle industry, one representative from the franchise motor

13  vehicle industry, one representative from the Department of

14  Revenue, one Florida Tax Collector, and one representative

15  from the Better Business Bureau.

16         2.  The Executive Director shall appoint the following

17  initial members to 2-year terms: one representative from the

18  motor vehicle auction industry who represents an independent

19  auction, one representative from the independent motor vehicle

20  industry, one representative from the franchise motor vehicle

21  industry, one representative from the Division of Consumer

22  Services, one representative from the insurance industry, and

23  one representative from the Division of Motor Vehicles.

24         3.  As the initial terms expire, the Executive Director

25  shall appoint successors from the same designated category for

26  terms of 2 years. If renominated, a member may succeed himself

27  or herself.

28         4.  The board shall appoint a chair and vice chair at

29  its initial meeting and every 2 years thereafter.

30         (c)  The board shall meet at least two times per year.

31  Meetings may be called by the chair of the board or by the

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  1  Executive Director of the department. One meeting shall be

  2  held in the fall of the year to review legislative proposals.

  3  The board shall conduct all meetings in accordance with

  4  applicable Florida Statutes and shall keep minutes of all

  5  meetings. Meetings may be held in locations around the state

  6  in department facilities or in other appropriate locations.

  7         (3)  PER DIEM, TRAVEL, AND STAFFING.--Members of the

  8  board from the private sector are not entitled to per diem or

  9  reimbursement for travel expenses. However, members of the

10  board from the public sector are entitled to reimbursement, if

11  any, from their respective agency. Members of the board may

12  request assistance from the Department of Highway Safety and

13  Motor Vehicles as necessary.

14         Section 50.  Subsection (26) of section 322.01, Florida

15  Statutes, is amended to read:

16         322.01  Definitions.--As used in this chapter:

17         (26)  "Motor vehicle" means any self-propelled vehicle,

18  including a motor vehicle combination, not operated upon rails

19  or guideway, excluding vehicles moved solely by human power,

20  motorized wheelchairs, motorized scooters, and motorized

21  bicycles as defined in s. 316.003.

22         Section 51.  Subsections (4) and (5) are added to

23  section 322.0261, Florida Statutes, to read:

24         322.0261  Mandatory driver improvement course; certain

25  crashes.--

26         (4)  The Department of Highway Safety and Motor

27  Vehicles shall approve and regulate courses that use

28  technology as the delivery method of all driver improvement

29  schools as the courses relate to this section.

30         (5)  In determining whether to approve courses of

31  driver improvement schools that use technology as the delivery

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  1  method as the courses relate to this section, the department

  2  shall consider only those courses submitted by a person,

  3  business, or entity which receive:

  4         (a)  Approval for statewide delivery.

  5         (b)  Independent scientific research evidence of course

  6  effectiveness.

  7         Section 52.  Subsection (4) of section 322.05, Florida

  8  Statutes, is amended to read:

  9         322.05  Persons not to be licensed.--The department may

10  not issue a license:

11         (4)  Except as provided by this subsection, to any

12  person, as a Class A licensee, Class B licensee, Class C

13  licensee, or Class D licensee, who is under the age of 18

14  years.  A person age 16 or 17 years who applies for a Class D

15  driver's license is subject to all the requirements and

16  provisions of ss. 322.05(2)(a) and (b), 322.09, and 322.16(2)

17  and (3). Any person who applies for a Class D driver's license

18  who is age 16 or 17 years must have had a learner's driver's

19  license or a driver's license for at least 90 days before he

20  or she is eligible to receive a Class D driver's license. The

21  department may require of any such applicant for a Class D

22  driver's license such examination of the qualifications of the

23  applicant as the department considers proper, and the

24  department may limit the use of any license granted as it

25  considers proper.

26         Section 53.  Paragraph (b) of subsection (4) and

27  subsections (5), (6), and (7) of section 322.081, Florida

28  Statutes, are amended, and subsection (8) is added to said

29  section, to read:

30         322.081  Requests to establish voluntary check-off

31  checkoff on driver's license application.--

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  1         (4)

  2         (b)  The department is authorized to discontinue the

  3  voluntary contribution and distribution of associated proceeds

  4  if the organization no longer exists, if the organization has

  5  stopped providing services that are authorized to be funded

  6  from the voluntary contributions, or pursuant to an

  7  organizational recipient's request. Organizations are required

  8  to notify the department immediately to stop warrants for

  9  voluntary check-off contribution, if any of the conditions in

10  this subsection exist, and must meet the requirements of

11  paragraph (5)(b) or paragraph (5)(c), if applicable, for any

12  period of operation during the fiscal year.

13         (5)  A voluntary contribution collected and distributed

14  under this chapter, or any interest earned from those

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

16  activities nor for general or administrative expenses, except

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

18  report required by law.

19         (a)  All organizations that receive annual use fee

20  proceeds from the department are responsible for ensuring that

21  proceeds are used in accordance with law.

22         (b)  All organizational recipients of any voluntary

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

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

25  submit an annual audit of the expenditures of these

26  contributions and interest earned from these contributions, to

27  determine if expenditures are being made in accordance with

28  the specifications outlined by law. The audit shall be

29  prepared by a certified public accountant licensed under

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

31

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  1  notes to the financial statements should state whether

  2  expenditures were made in accordance with law.

  3         (b)(c)  Any organization not subject to In lieu of an

  4  annual audit pursuant to s. 215.97 shall, any organization

  5  receiving less than $15,000 in voluntary contributions

  6  directly from the department may annually attest report, under

  7  penalties of perjury, that such proceeds were used in

  8  compliance with law. The attestation shall be made annually in

  9  a form and format determined by the department.

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

11  shall only be distributed to an organization under an

12  appropriation by the Legislature.

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

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

15  rules promulgated by the Auditor General. The annual

16  attestation audit or report must be submitted to the

17  department for review within 9 months 180 days after the end

18  of the organization's fiscal year.

19         (6)  Within 90 days after receiving an organization's

20  audit or attestation report, the department shall determine

21  which recipients have not complied with subsection (5).  If

22  the department determines that an organization has not

23  complied  or has failed to use the revenues in accordance with

24  law, the department must discontinue the distribution of the

25  revenues to the organization until the department determines

26  that the organization has complied. If an organization fails

27  to comply within 12 months after the voluntary contributions

28  are withheld by the department, the proceeds shall be

29  deposited into the Highway Safety Operating Trust Fund to

30  offset department costs.

31

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

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

  3  funds from the voluntary contributions authorized.

  4         (8)  All organizations seeking to establish a voluntary

  5  contribution on a driver's license application that are

  6  required to operate under the Solicitation of Contributions

  7  Act, as provided in chapter 496, must do so before funds may

  8  be distributed.

  9         Section 54.  Present subsections (2) through (7) of

10  section 322.095, Florida Statutes, are renumbered as

11  subsections (4) through (9), respectively, and new subsections

12  (2) and (3) are added to said section, to read:

13         322.095  Traffic law and substance abuse education

14  program for driver's license applicants.--

15         (2)  The Department of Highway Safety and Motor

16  Vehicles shall approve and regulate courses that use

17  technology as the delivery method of all driver improvement

18  schools as the courses relate to this section.

19         (3)  In determining whether to approve courses of

20  driver improvement schools that use technology as the delivery

21  method as the courses relate to this section, for courses

22  submitted on or after July 1, 2001, the department shall

23  consider only those courses submitted by a person, business,

24  or entity which receive:

25         (a)  Approval for statewide delivery.

26         (b)  Independent scientific research evidence of course

27  effectiveness.

28         Section 55.  Section 322.222, Florida Statutes, is

29  created to read:

30         322.222  Right to review.--A driver may request an

31  administrative hearing to review a revocation pursuant to s.

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  1  322.221(3). The hearing shall be held in accordance with the

  2  department's administrative rules that the department shall

  3  have promulgated pursuant to chapter 120.

  4         Section 56.  Subsection (7) of section 322.25, Florida

  5  Statutes, is amended to read:

  6         322.25  When court to forward license to department and

  7  report convictions; temporary reinstatement of driving

  8  privileges.--

  9         (7)  Any licensed driver convicted of driving, or being

10  in the actual physical control of, a vehicle within this state

11  while under the influence of alcoholic beverages, any chemical

12  substance set forth in s. 877.111, or any substance controlled

13  under chapter 893, when affected to the extent that his or her

14  normal faculties are impaired, and whose license and driving

15  privilege have been revoked as provided in subsection (1) may

16  be issued a court order for reinstatement of a driving

17  privilege on a temporary basis; provided that, as a part of

18  the penalty, upon conviction, the defendant is required to

19  enroll in and complete a driver improvement course for the

20  rehabilitation of drinking drivers and the driver is otherwise

21  eligible for reinstatement of the driving privilege as

22  provided by s. 322.282.  The court order for reinstatement

23  shall be on a form provided by the department and must be

24  taken by the person convicted to a Florida driver's license

25  examining office, where a temporary driving permit may be

26  issued. The period of time for which a temporary permit issued

27  in accordance with this subsection is valid shall be deemed to

28  be part of the period of revocation imposed by the court.

29         Section 57.  Subsections (1), (3), and (10) of section

30  322.2615, Florida Statutes, are amended to read:

31         322.2615  Suspension of license; right to review.--

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  1         (1)(a)  A law enforcement officer or correctional

  2  officer shall, on behalf of the department, suspend the

  3  driving privilege of a person who has been arrested by a law

  4  enforcement officer for a violation of s. 316.193, relating to

  5  unlawful blood-alcohol level or breath-alcohol level, or of a

  6  person who has refused to submit to a breath, urine, or blood

  7  test authorized by s. 316.1932.  The officer shall take the

  8  person's driver's license and issue the person a 10-day 30-day

  9  temporary permit if the person is otherwise eligible for the

10  driving privilege and shall issue the person a notice of

11  suspension. If a blood test has been administered, the results

12  of which are not available to the officer at the time of the

13  arrest, the agency employing the officer shall transmit such

14  results to the department within 5 days after receipt of the

15  results.  If the department then determines that the person

16  was arrested for a violation of s. 316.193 and that the person

17  had a blood-alcohol level or breath-alcohol level of 0.08 or

18  higher, the department shall suspend the person's driver's

19  license pursuant to subsection (3).

20         (b)  The suspension under paragraph (a) shall be

21  pursuant to, and the notice of suspension shall inform the

22  driver of, the following:

23         1.a.  The driver refused to submit to a lawful breath,

24  blood, or urine test and his or her driving privilege is

25  suspended for a period of 1 year for a first refusal or for a

26  period of 18 months if his or her driving privilege has been

27  previously suspended as a result of a refusal to submit to

28  such a test; or

29         b.  The driver violated s. 316.193 by driving with an

30  unlawful blood-alcohol level as provided in that section and

31  his or her driving privilege is suspended for a period of 6

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  1  months for a first offense or for a period of 1 year if his or

  2  her driving privilege has been previously suspended for a

  3  violation of s. 316.193.

  4         2.  The suspension period shall commence on the date of

  5  arrest or issuance of the notice of suspension, whichever is

  6  later.

  7         3.  The driver may request a formal or informal review

  8  of the suspension by the department within 10 days after the

  9  date of arrest or issuance of the notice of suspension,

10  whichever is later.

11         4.  The temporary permit issued at the time of arrest

12  will expire at midnight of the 10th 30th day following the

13  date of arrest or issuance of the notice of suspension,

14  whichever is later.

15         5.  The driver may submit to the department any

16  materials relevant to the arrest.

17         (3)  If the department determines that the license of

18  the person arrested should be suspended pursuant to this

19  section and if the notice of suspension has not already been

20  served upon the person by a law enforcement officer or

21  correctional officer as provided in subsection (1), the

22  department shall issue a notice of suspension and, unless the

23  notice is mailed pursuant to s. 322.251, a temporary permit

24  which expires 10 30 days after the date of issuance if the

25  driver is otherwise eligible.

26         (10)  A person whose driver's license is suspended

27  under subsection (1) or subsection (3) may apply for issuance

28  of a license for business or employment purposes only if the

29  person is otherwise eligible for the driving privilege

30  pursuant to s. 322.271.

31

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  1         (a)  If the suspension of the driver's license of the

  2  person for failure to submit to a breath, urine, or blood test

  3  is sustained, the person is not eligible to receive a license

  4  for business or employment purposes only, pursuant to s.

  5  322.271, until 90 days have elapsed after the expiration of

  6  the last temporary permit issued.  If the driver is not issued

  7  a 10-day 30-day permit pursuant to this section or s. 322.64

  8  because he or she is ineligible for the permit and the

  9  suspension for failure to submit to a breath, urine, or blood

10  test is not invalidated by the department, the driver is not

11  eligible to receive a business or employment license pursuant

12  to s. 322.271 until 90 days have elapsed from the date of the

13  suspension.

14         (b)  If the suspension of the driver's license of the

15  person arrested for a violation of s. 316.193, relating to

16  unlawful blood-alcohol level, is sustained, the person is not

17  eligible to receive a license for business or employment

18  purposes only pursuant to s. 322.271 until 30 days have

19  elapsed after the expiration of the last temporary permit

20  issued.  If the driver is not issued a 10-day 30-day permit

21  pursuant to this section or s. 322.64 because he or she is

22  ineligible for the permit and the suspension for a violation

23  of s. 316.193, relating to unlawful blood-alcohol level, is

24  not invalidated by the department, the driver is not eligible

25  to receive a business or employment license pursuant to s.

26  322.271 until 30 days have elapsed from the date of the

27  arrest.

28         Section 58.  Subsection (5) of section 322.27, Florida

29  Statutes, is amended to read:

30         322.27  Authority of department to suspend or revoke

31  license.--

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  1         (5)  The department shall revoke the license of any

  2  person designated a habitual offender, as set forth in s.

  3  322.264, and such person shall not be eligible to be

  4  relicensed for a minimum of 5 years from the date of

  5  revocation, except as provided for in s. 322.271.  Any person

  6  whose license is revoked may, by petition to the department,

  7  show cause why his or her license should not be revoked.

  8         Section 59.  Subsection (2) of section 322.28, Florida

  9  Statutes, is amended to read:

10         322.28  Period of suspension or revocation.--

11         (2)  In a prosecution for a violation of s. 316.193 or

12  former s. 316.1931, the following provisions apply:

13         (a)  Upon conviction of the driver, the court, along

14  with imposing sentence, shall revoke the driver's license or

15  driving privilege of the person so convicted, effective on the

16  date of conviction, and shall prescribe the period of such

17  revocation in accordance with the following provisions:

18         1.  Upon a first conviction for a violation of the

19  provisions of s. 316.193, except a violation resulting in

20  death, the driver's license or driving privilege shall be

21  revoked for not less than 180 days or more than 1 year.

22         2.  Upon a second conviction within a period of 5 years

23  from the date of a prior conviction for a violation of the

24  provisions of s. 316.193 or former s. 316.1931 or a

25  combination of such sections, the driver's license or driving

26  privilege shall be revoked for not less than 5 years.

27         3.  Upon a third conviction within a period of 10 years

28  from the date of conviction of the first of three or more

29  convictions for the violation of the provisions of s. 316.193

30  or former s. 316.1931 or a combination of such sections, the

31

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  1  driver's license or driving privilege shall be revoked for not

  2  less than 10 years.

  3

  4  For the purposes of this paragraph, a previous conviction

  5  outside this state for driving under the influence, driving

  6  while intoxicated, driving with an unlawful blood-alcohol

  7  level, or any other alcohol-related or drug-related traffic

  8  offense similar to the offense of driving under the influence

  9  as proscribed by s. 316.193 will be considered a previous

10  conviction for violation of s. 316.193, and a conviction for

11  violation of former s. 316.028, former s. 316.1931, or former

12  s. 860.01 is considered a conviction for violation of s.

13  316.193.

14         (b)  If the period of revocation was not specified by

15  the court at the time of imposing sentence or within 30 days

16  thereafter, and is not otherwise specified by law, the

17  department shall forthwith revoke the driver's license or

18  driving privilege for the maximum period applicable under

19  paragraph (a) for a first conviction and for the minimum

20  period applicable under paragraph (a) for any subsequent

21  convictions. The driver may, within 30 days after such

22  revocation by the department, petition the court for further

23  hearing on the period of revocation, and the court may reopen

24  the case and determine the period of revocation within the

25  limits specified in paragraph (a).

26         (c)  The forfeiture of bail bond, not vacated within 20

27  days, in any prosecution for the offense of driving while

28  under the influence of alcoholic beverages, chemical

29  substances, or controlled substances to the extent of

30  depriving the defendant of his or her normal faculties shall

31  be deemed equivalent to a conviction for the purposes of this

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  1  paragraph, and the department shall forthwith revoke the

  2  defendant's driver's license or driving privilege for the

  3  maximum period applicable under paragraph (a) for a first

  4  conviction and for the minimum period applicable under

  5  paragraph (a) for a second or subsequent conviction; however,

  6  if the defendant is later convicted of the charge, the period

  7  of revocation imposed by the department for such conviction

  8  shall not exceed the difference between the applicable maximum

  9  for a first conviction or minimum for a second or subsequent

10  conviction and the revocation period under this subsection

11  that has actually elapsed; upon conviction of such charge, the

12  court may impose revocation for a period of time as specified

13  in paragraph (a). This paragraph does not apply if an

14  appropriate motion contesting the forfeiture is filed within

15  the 20-day period.

16         (d)  When any driver's license or driving privilege has

17  been revoked pursuant to the provisions of this section, the

18  department shall not grant a new license, except upon

19  reexamination of the licensee after the expiration of the

20  period of revocation so prescribed.  However, the court may,

21  in its sound discretion, issue an order of reinstatement on a

22  form furnished by the department which the person may take to

23  any driver's license examining office for reinstatement by the

24  department pursuant to s. 322.282.

25         (d)(e)  The court shall permanently revoke the driver's

26  license or driving privilege of a person who has been

27  convicted four times for violation of s. 316.193 or former s.

28  316.1931 or a combination of such sections.  The court shall

29  permanently revoke the driver's license or driving privilege

30  of any person who has been convicted of DUI manslaughter in

31  violation of s. 316.193. If the court has not permanently

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  1  revoked such driver's license or driving privilege within 30

  2  days after imposing sentence, the department shall permanently

  3  revoke the driver's license or driving privilege pursuant to

  4  this paragraph.  No driver's license or driving privilege may

  5  be issued or granted to any such person. This paragraph

  6  applies only if at least one of the convictions for violation

  7  of s. 316.193 or former s. 316.1931 was for a violation that

  8  occurred after July 1, 1982.  For the purposes of this

  9  paragraph, a conviction for violation of former s. 316.028,

10  former s. 316.1931, or former s. 860.01 is also considered a

11  conviction for violation of s. 316.193.  Also, a conviction of

12  driving under the influence, driving while intoxicated,

13  driving with an unlawful blood-alcohol level, or any other

14  similar alcohol-related or drug-related traffic offense

15  outside this state is considered a conviction for the purposes

16  of this paragraph.

17         Section 60.  Section 322.282, Florida Statutes, is

18  repealed.

19         Section 61.  Subsection (3) is added to section

20  322.292, Florida Statutes, to read:

21         322.292  DUI programs supervision; powers and duties of

22  the department.--

23         (3)  DUI programs shall be either governmental programs

24  or not-for-profit corporations.

25         Section 62.  Section 322.331, Florida Statutes, is

26  repealed.

27         Section 63.  Subsections (8), (9), and (10) are added

28  to section 322.61, Florida Statutes, to read:

29         322.61  Disqualification from operating a commercial

30  motor vehicle.--

31

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  1         (8)  A driver who is convicted of or otherwise found to

  2  have committed a violation of an out-of-service order while

  3  driving a commercial motor vehicle is disqualified as follows:

  4         (a)  Not less than 90 days nor more than 1 year if the

  5  driver is convicted of or otherwise found to have committed a

  6  first violation of an out-of-service order.

  7         (b)  Not less than 1 year nor more than 5 years if,

  8  during any 10-year period, the driver is convicted of or

  9  otherwise found to have committed two violations of

10  out-of-service orders in separate incidents.

11         (c)  Not less than 3 years nor more than 5 years if,

12  during any 10-year period, the driver is convicted of or

13  otherwise found to have committed three or more violations of

14  out-of-service orders in separate incidents.

15         (d)  Not less than 180 days nor more than 2 years if

16  the driver is convicted of or otherwise found to have

17  committed a first violation of an out-of-service order while

18  transporting hazardous materials required to be placarded

19  under the Hazardous Materials Transportation Act, 49 U.S.C.

20  5101 et seq., or while operating motor vehicles designed to

21  transport more than 15 passengers, including the driver.  A

22  driver is disqualified for a period of not less than 3 years

23  nor more than 5 years if, during any 10-year period, the

24  driver is convicted of or otherwise found to have committed

25  any subsequent violations of out-of-service orders, in

26  separate incidents, while transporting hazardous materials

27  required to be placarded under the Hazardous Materials

28  Transportation Act 49 U.S.C. 5101 et seq., or while operating

29  motor vehicles designed to transport more than 15 passengers,

30  including the driver.

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  1         (9)  A driver who is convicted of or otherwise found to

  2  have committed an offense of operating a CMV in violation of

  3  federal, state, or local law or regulation pertaining to one

  4  of the following six offenses at a railroad-highway grade

  5  crossing must be disqualified for the period of time specified

  6  in subsection (10):

  7         (a)  For drivers who are not always required to stop,

  8  failing to slow down and check that the tracks are clear of

  9  approaching trains.

10         (b)  For drivers who are not always required to stop,

11  failing to stop before reaching the crossing if the tracks are

12  not clear.

13         (c)  For drivers who are always required to stop,

14  failing to stop before driving onto the crossing.

15         (d)  For all drivers, failing to have sufficient space

16  to drive completely through the crossing without stopping.

17         (e)  For all drivers, failing to obey a traffic control

18  device or all directions of an enforcement official at the

19  crossing.

20         (f)  For all drivers, failing to negotiate a crossing

21  because of insufficient undercarriage clearance.

22         (10)(a)  A driver must be disqualified for not less

23  than 60 days if the driver is convicted of or otherwise found

24  to have committed a first violation of a railroad-highway

25  grade crossing violation.

26         (b)  A driver must be disqualified for not less than

27  120 days if, during any 3-year period, the driver is convicted

28  of or otherwise found to have committed a second

29  railroad-highway grade crossing violation in separate

30  incidents.

31

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  1         (c)  A driver must be disqualified for not less than 1

  2  year if, during any 3-year period, the driver is convicted of

  3  or otherwise found to have committed a third or subsequent

  4  railroad-highway grade crossing violation in separate

  5  incidents.

  6         Section 64.  Subsections (1) and (3) of section 322.64,

  7  Florida Statutes, are amended to read:

  8         322.64  Holder of commercial driver's license; driving

  9  with unlawful blood-alcohol level; refusal to submit to

10  breath, urine, or blood test.--

11         (1)(a)  A law enforcement officer or correctional

12  officer shall, on behalf of the department, disqualify from

13  operating any commercial motor vehicle a person who while

14  operating or in actual physical control of a commercial motor

15  vehicle is arrested for a violation of s. 316.193, relating to

16  unlawful blood-alcohol level or breath-alcohol level, or a

17  person who has refused to submit to a breath, urine, or blood

18  test authorized by s. 322.63 arising out of the operation or

19  actual physical control of a commercial motor vehicle.  Upon

20  disqualification of the person, the officer shall take the

21  person's driver's license and issue the person a 10-day 30-day

22  temporary permit if the person is otherwise eligible for the

23  driving privilege and shall issue the person a notice of

24  disqualification.  If the person has been given a blood,

25  breath, or urine test, the results of which are not available

26  to the officer at the time of the arrest, the agency employing

27  the officer shall transmit such results to the department

28  within 5 days after receipt of the results.  If the department

29  then determines that the person was arrested for a violation

30  of s. 316.193 and that the person had a blood-alcohol level or

31  breath-alcohol level of 0.08 or higher, the department shall

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  1  disqualify the person from operating a commercial motor

  2  vehicle pursuant to subsection (3).

  3         (b)  The disqualification under paragraph (a) shall be

  4  pursuant to, and the notice of disqualification shall inform

  5  the driver of, the following:

  6         1.a.  The driver refused to submit to a lawful breath,

  7  blood, or urine test and he or she is disqualified from

  8  operating a commercial motor vehicle for a period of 1 year,

  9  for a first refusal, or permanently, if he or she has

10  previously been disqualified as a result of a refusal to

11  submit to such a test; or

12         b.  The driver violated s. 316.193 by driving with an

13  unlawful blood-alcohol level and he or she is disqualified

14  from operating a commercial motor vehicle for a period of 6

15  months for a first offense or for a period of 1 year if he or

16  she has previously been disqualified, or his or her driving

17  privilege has been previously suspended, for a violation of s.

18  316.193.

19         2.  The disqualification period shall commence on the

20  date of arrest or issuance of notice of disqualification,

21  whichever is later.

22         3.  The driver may request a formal or informal review

23  of the disqualification by the department within 10 days after

24  the date of arrest or issuance of notice of disqualification,

25  whichever is later.

26         4.  The temporary permit issued at the time of arrest

27  or disqualification will expire at midnight of the 10th 30th

28  day following the date of disqualification.

29         5.  The driver may submit to the department any

30  materials relevant to the arrest.

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  1         (3)  If the department determines that the person

  2  arrested should be disqualified from operating a commercial

  3  motor vehicle pursuant to this section and if the notice of

  4  disqualification has not already been served upon the person

  5  by a law enforcement officer or correctional officer as

  6  provided in subsection (1), the department shall issue a

  7  notice of disqualification and, unless the notice is mailed

  8  pursuant to s. 322.251, a temporary permit which expires 10 30

  9  days after the date of issuance if the driver is otherwise

10  eligible.

11         Section 65.  Section 324.091, Florida Statutes, is

12  amended to read:

13         324.091  Notice to department; notice to insurer.--

14         (1)  Each owner and operator involved in a crash or

15  conviction case within the purview of this chapter shall

16  furnish evidence of automobile liability insurance, motor

17  vehicle liability insurance, or surety bond within 30 days

18  from the date of the mailing of notice of crash by the

19  department in such form and manner as it may designate.  Upon

20  receipt of evidence that an automobile liability policy, motor

21  vehicle liability policy, or surety bond was in effect at the

22  time of the crash or conviction case, the department shall

23  forward by United States mail, postage prepaid, to the insurer

24  or surety insurer a copy of such information and shall assume

25  that such policy or bond was in effect unless the insurer or

26  surety insurer shall notify the department otherwise within 20

27  days from the mailing of the notice to the insurer or surety

28  insurer; provided that if the department shall later ascertain

29  that an automobile liability policy, motor vehicle liability

30  policy, or surety bond was not in effect and did not provide

31  coverage for both the owner and the operator, it shall at such

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  1  time take such action as it is otherwise authorized to do

  2  under this chapter.  Proof of mailing to the insurer or surety

  3  insurer may be made by the department by naming the insurer or

  4  surety insurer to whom such mailing was made and specifying

  5  the time, place and manner of mailing.

  6         (2)  Each insurer doing business in this state shall

  7  immediately give notice to the department of each motor

  8  vehicle liability policy when issued to effect the return of a

  9  license which has been suspended under s. 324.051(2); and said

10  notice shall be upon such form and in such manner as the

11  department may designate.

12         (3)  Electronic access to the vehicle insurer

13  information maintained in the department's vehicle database

14  may be provided by an approved third-party provider to

15  insurers, lawyers, and financial institutions in compliance

16  with s. 627.736(9)(a) and for subrogation and claims purposes

17  only.  The compilation and retention of this information is

18  strictly prohibited.

19         Section 66.  Paragraph (b) of subsection (3) of section

20  328.01, Florida Statutes, is amended to read:

21         328.01  Application for certificate of title.--

22         (3)

23         (b)  If the application for transfer of title is based

24  upon a contractual default, the recorded lienholder shall

25  establish proof of right to ownership by submitting with the

26  application the original certificate of title and a copy of

27  the applicable contract upon which the claim of ownership is

28  made.  If the claim is based upon a court order or judgment, a

29  copy of such document shall accompany the application for

30  transfer of title.  If, on the basis of departmental records,

31  there appears to be any other lien on the vessel, the

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  1  certificate of title must contain a statement of such a lien,

  2  unless the application for a certificate of title is either

  3  accompanied by proper evidence of the satisfaction or

  4  extinction of the lien or contains a statement certifying that

  5  any lienholder named on the last-issued certificate of title

  6  has been sent notice by certified mail, at least 5 days before

  7  the application was filed, of the applicant's intention to

  8  seek a repossessed title.  If such notice is given and no

  9  written protest to the department is presented by a subsequent

10  lienholder within 15 days after the date on which the notice

11  was mailed, the certificate of title shall be issued showing

12  no liens.  If the former owner or any subsequent lienholder

13  files a written protest under oath within the 15-day period,

14  the department shall not issue the repossessed certificate for

15  10 days thereafter.  If, within the 10-day period, no

16  injunction or other order of a court of competent jurisdiction

17  has been served on the department commanding it not to deliver

18  the certificate, the department shall deliver the repossessed

19  certificate to the applicant, or as is otherwise directed in

20  the application, showing no other liens than those shown in

21  the application.

22

23  The department shall adopt suitable language that must appear

24  upon the certificate of title to effectuate the manner in

25  which the interest in or title to the vessel is held.

26         Section 67.  Subsection (2) of section 328.42, Florida

27  Statutes, is amended to read:

28         328.42  Suspension or denial of a vessel registration

29  due to child support delinquency; dishonored checks.--

30         (2)  The department may deny or cancel any vessel

31  registration, license plate, or fuel-use tax decal if the

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  1  owner pays for the registration, license plate, fuel-use tax

  2  decal, or any tax liability, penalty, or interest specified in

  3  chapter 207 by a dishonored check if the owner pays for the

  4  registration by a dishonored check.

  5         Section 68.  Section 328.56, Florida Statutes, is

  6  amended to read:

  7         328.56  Vessel registration number.--Each vessel that

  8  is used on the waters of the state must display a commercial

  9  or recreational Florida registration number, unless it is:

10         (1)  A vessel used exclusively on private lakes and

11  ponds.

12         (2)  A vessel owned by the United States Government.

13         (3)  A vessel used exclusively as a ship's lifeboat.

14         (4)  A non-motor-powered vessel.

15         (5)  A federally documented vessel.

16         (6)  A vessel already covered by a registration number

17  in full force and effect which has been awarded to it pursuant

18  to a federally approved numbering system of another state or

19  by the United States Coast Guard in a state without a

20  federally approved numbering system, if the vessel has not

21  been within this state for a period in excess of 90

22  consecutive days.

23         (7)  A vessel operating under a valid temporary

24  certificate of number.

25         (8)  A vessel from a country other than the United

26  States temporarily using the waters of this state.

27         (9)  An undocumented vessel used exclusively for

28  racing.

29         Section 69.  Subsection (4) of section 328.72, Florida

30  Statutes, is amended to read:

31

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  1         328.72  Classification; registration; fees and charges;

  2  surcharge; disposition of fees; fines; marine turtle

  3  stickers.--

  4         (4)  TRANSFER OF OWNERSHIP.--

  5         (a)  When the ownership of a registered vessel changes,

  6  an application for transfer of registration shall be filed

  7  with the county tax collector by the new owner within 30 days

  8  with a fee of $3.25.  The county tax collector shall retain

  9  $2.25 of the fee and shall remit $1 to the department. A

10  refund may not be made for any unused portion of a

11  registration period.

12         (b)  If a vessel is an antique as defined in subsection

13  (2), the application shall be accompanied by either a

14  certificate of title, a bill of sale and a registration, or a

15  bill of sale and an affidavit by the owner defending the title

16  from all claims. The bill of sale must contain a complete

17  vessel description to include the hull identification number

18  and engine number, if appropriate; the year, make, and color

19  of the vessel; the selling price; and the signatures of the

20  seller and purchaser.

21         Section 70.  Effective July 1, 2001, subsection (1) of

22  section 328.76, Florida Statutes, is amended to read:

23         328.76  Marine Resources Conservation Trust Fund;

24  vessel registration funds; appropriation and distribution.--

25         (1)  Except as otherwise specified and less $1.4

26  million for any administrative costs which shall be deposited

27  in the Highway Safety Operating Trust Fund, in each fiscal

28  year beginning on or after July 1, 2001, all funds collected

29  from the registration of vessels through the Department of

30  Highway Safety and Motor Vehicles and the tax collectors of

31  the state, except for those funds designated for the use of

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  1  the counties pursuant to s. 328.72(1), shall be deposited in

  2  the Marine Resources Conservation Trust Fund for recreational

  3  channel marking; public launching facilities; law enforcement

  4  and quality control programs; aquatic weed control; manatee

  5  protection, recovery, rescue, rehabilitation, and release; and

  6  marine mammal protection and recovery. The funds collected

  7  pursuant to s. 328.72(1) shall be transferred as follows:

  8         (a)  In each fiscal year, an amount equal to $1.50 for

  9  each vessel registered in this state shall be transferred to

10  the Save the Manatee Trust Fund and shall be used only for the

11  purposes specified in s. 370.12(4).

12         (b)  Two dollars from each noncommercial vessel

13  registration fee, except that for class A-1 vessels, shall be

14  transferred to the Invasive Plant Control Trust Fund for

15  aquatic weed research and control.

16         (c)  Forty percent of the registration fees from

17  commercial vessels shall be transferred to the Invasive Plant

18  Control Trust Fund for aquatic plant research and control.

19         (d)  Forty percent of the registration fees from

20  commercial vessels shall be transferred by the Department of

21  Highway Safety and Motor Vehicles, on a monthly basis, to the

22  General Inspection Trust Fund of the Department of Agriculture

23  and Consumer Services. These funds shall be used for shellfish

24  and aquaculture law enforcement and quality control programs.

25         Section 71.  Subsections (4) and (6) of section 713.78,

26  Florida Statutes, are amended to read:

27         713.78  Liens for recovering, towing, or storing

28  vehicles and documented vessels.--

29         (4)(a)  Any person regularly engaged in the business of

30  recovering, towing, or storing vehicles or vessels who comes

31  into possession of a vehicle or vessel pursuant to subsection

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  1  (2), and who claims a lien for recovery, towing, or storage

  2  services, shall give notice to the registered owner, the

  3  insurance company insuring the vehicle notwithstanding the

  4  provisions of s. 627.736, and to all persons claiming a lien

  5  thereon, as disclosed by the records in the Department of

  6  Highway Safety and Motor Vehicles or of a corresponding agency

  7  in any other state.

  8         (b)  Whenever any law enforcement agency authorizes the

  9  removal of a vehicle or whenever any towing service, garage,

10  repair shop, or automotive service, storage, or parking place

11  notifies the law enforcement agency of possession of a vehicle

12  pursuant to s. 715.07(2)(a)2., the applicable law enforcement

13  agency shall contact the Department of Highway Safety and

14  Motor Vehicles, or the appropriate agency of the state of

15  registration, if known, within 24 hours through the medium of

16  electronic communications, giving the full description of the

17  vehicle. Upon receipt of the full description of the vehicle,

18  the department shall search its files to determine the owner's

19  name, the insurance company insuring the vehicle, and whether

20  any person has filed a lien upon the vehicle as provided in s.

21  319.27(2) and (3) and notify the applicable law enforcement

22  agency within 72 hours. The person in charge of the towing

23  service, garage, repair shop, or automotive service, storage,

24  or parking place shall obtain such information from the

25  applicable law enforcement agency within 5 days from the date

26  of storage and shall give notice pursuant to paragraph (a).

27  The department may release the insurance company information

28  to the requestor notwithstanding the provisions of s. 627.736.

29         (c)(b)  Notice by certified mail, return receipt

30  requested, shall be sent within 7 business days after the date

31  of storage of the vehicle or vessel to the registered owner,

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  1  the insurance company insuring the vehicle notwithstanding the

  2  provisions of s. 627.736, and to all persons of record

  3  claiming a lien against the vehicle or vessel.  It shall state

  4  the fact of possession of the vehicle or vessel, that a lien

  5  as provided in subsection (2) is claimed, that charges have

  6  accrued and the amount thereof, that the lien is subject to

  7  enforcement pursuant to law, and that the owner or lienholder,

  8  if any, has the right to a hearing as set forth in subsection

  9  (5), and that any vehicle or vessel which remains unclaimed,

10  or for which the charges for recovery, towing, or storage

11  services remain unpaid, may be sold after 35 days free of all

12  prior liens after 35 days if the vehicle or vessel is more

13  than 3 years of age and after 50 days if the vehicle or vessel

14  is 3 years of age or less.

15         (d)(c)  If attempts to locate the owner or lienholder

16  prove unsuccessful, the towing-storage operator shall, after 7

17  working days, excluding Saturday and Sunday, of the initial

18  tow or storage, notify the public agency of jurisdiction in

19  writing by certified mail or acknowledged hand delivery that

20  the towing-storage company has been unable to locate the owner

21  or lienholder and a physical search of the vehicle or vessel

22  has disclosed no ownership information and a good faith effort

23  has been made.  For purposes of this paragraph and, subsection

24  (9), and s. 715.05, "good faith effort" means that the

25  following checks have been performed by the company to

26  establish prior state of registration and for title:

27         1.  Check of vehicle or vessel for any type of tag, tag

28  record, temporary tag, or regular tag.

29         2.  Check of law enforcement report for tag number or

30  other information identifying the vehicle or vessel, if the

31

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  1  vehicle or vessel was towed at the request of a law

  2  enforcement officer.

  3         3.  Check of trip sheet or tow ticket of tow truck

  4  operator to see if a tag was on vehicle at beginning of tow,

  5  if private tow.

  6         4.  If there is no address of the owner on the impound

  7  report, check of law enforcement report to see if an

  8  out-of-state address is indicated from driver license

  9  information.

10         5.  Check of vehicle or vessel for inspection sticker

11  or other stickers and decals that may indicate a state of

12  possible registration.

13         6.  Check of the interior of the vehicle or vessel for

14  any papers that may be in the glove box, trunk, or other areas

15  for a state of registration.

16         7.  Check of vehicle for vehicle identification number.

17         8.  Check of vessel for vessel registration number.

18         9.  Check of vessel hull for a hull identification

19  number which should be carved, burned, stamped, embossed, or

20  otherwise permanently affixed to the outboard side of the

21  transom or, if there is no transom, to the outmost seaboard

22  side at the end of the hull that bears the rudder or other

23  steering mechanism.

24         (6)  Any vehicle or vessel which is stored pursuant to

25  subsection (2) and which remains unclaimed, or for which

26  reasonable charges for recovery, towing, or storing remain

27  unpaid or for which a lot rental amount is due and owing to

28  the mobile home park owner, as evidenced by a judgment for

29  unpaid rent, and any contents not released pursuant to

30  subsection (10), may be sold by the owner or operator of the

31  storage space for such towing or storage charge or unpaid lot

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  1  rental amount after 35 days from the time the vehicle or

  2  vessel is stored therein if the vehicle or vessel is more than

  3  3 years of age and after 50 days from the time the vehicle or

  4  vessel is stored therein if the vehicle or vessel is 3 years

  5  of age or less. The sale shall be at public auction for cash.

  6  If the date of the sale was not included in the notice

  7  required in subsection (4), notice of the sale shall be given

  8  to the person in whose name the vehicle, vessel, or mobile

  9  home is registered, to the mobile home park owner, and to all

10  persons claiming a lien on the vehicle or vessel as shown on

11  the records of the Department of Highway Safety and Motor

12  Vehicles or of the corresponding agency in any other state.

13  Notice shall be sent by certified mail, return receipt

14  requested, to the owner of the vehicle or vessel and the

15  person having the recorded lien on the vehicle or vessel at

16  the address shown on the records of the registering agency and

17  shall be mailed not less than 15 days before the date of the

18  sale. After diligent search and inquiry, if the name and

19  address of the registered owner or the owner of the recorded

20  lien cannot be ascertained, the requirements of notice by mail

21  may be dispensed with.  In addition to the notice by mail,

22  public notice of the time and place of sale shall be made by

23  publishing a notice thereof one time, at least 10 days prior

24  to the date of the sale, in a newspaper of general circulation

25  in the county in which the sale is to be held.  The proceeds

26  of the sale, after payment of reasonable towing and storage

27  charges, costs of the sale, and the unpaid lot rental amount,

28  in that order of priority, shall be deposited with the clerk

29  of the circuit court for the county if the owner is absent,

30  and the clerk shall hold such proceeds subject to the claim of

31  the person legally entitled thereto. The clerk shall be

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  1  entitled to receive 5 percent of such proceeds for the care

  2  and disbursement thereof.  The certificate of title issued

  3  under this law shall be discharged of all liens unless

  4  otherwise provided by court order.

  5         Section 72.  Section 715.05, Florida Statutes, is

  6  repealed.

  7         Section 73.  Subsection (1) of section 681.1096,

  8  Florida Statutes, is amended to read:

  9         681.1096  Pilot RV Mediation and Arbitration Program;

10  creation and qualifications.--

11         (1)  This section and s. 681.1097 shall apply to

12  disputes determined eligible under this chapter involving

13  recreational vehicles acquired on or after October 1, 1997,

14  and shall remain in effect until September 30, 2002 2001, at

15  which time recreational vehicle disputes shall be subject to

16  the provisions of ss. 681.109 and 681.1095. The Attorney

17  General shall report annually to the President of the Senate,

18  the Speaker of the House of Representatives, the Minority

19  Leader of each house of the Legislature, and appropriate

20  legislative committees regarding the effectiveness efficiency

21  and cost-effectiveness of the pilot program.

22         Section 74.  Subsections (5) and (7) of section

23  681.1097, Florida Statutes, are amended to read:

24         681.1097  Pilot RV Mediation and Arbitration Program;

25  dispute eligibility and program function.--

26         (5)  If the mediation ends in an impasse, or if a

27  manufacturer fails to comply with the settlement entered into

28  between the parties, the program administrator shall schedule

29  the dispute for an arbitration hearing. Arbitration

30  proceedings shall be open to the public on reasonable and

31  nondiscriminatory terms.

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  1         (a)  The arbitration hearing shall be conducted by a

  2  single arbitrator assigned by the program administrator.  The

  3  arbitrator shall not be the same person as the mediator who

  4  conducted the prior mediation conference in the dispute.  The

  5  parties may factually object to an arbitrator based on the

  6  arbitrator's past or present relationship with a party or a

  7  party's attorney, direct or indirect, whether financial,

  8  professional, social, or of any other kind.  The program

  9  administrator shall consider any such objection, determine its

10  validity, and notify the parties of any determination.  If the

11  objection is determined valid, the program administrator shall

12  assign another arbitrator to the case.

13         (b)  The arbitrator may issue subpoenas for the

14  attendance of witnesses and for the production of records,

15  documents, and other evidence. Subpoenas so issued shall be

16  served and, upon application to the court by a party to the

17  arbitration, enforced in the manner provided by law for the

18  service and enforcement of subpoenas in civil actions. Fees

19  for attendance as a witness shall be the same as for a witness

20  in the circuit court.

21         (c)  At all program arbitration proceedings, the

22  parties may present oral and written testimony, present

23  witnesses and evidence relevant to the dispute, cross-examine

24  witnesses, and be represented by counsel.  The arbitrator

25  shall record the arbitration hearing and shall have the power

26  to administer oaths.  The arbitrator may inspect the vehicle

27  if requested by a party or if the arbitrator considers such

28  inspection appropriate.

29         (d)  The program arbitrator may continue a hearing on

30  his or her own motion or upon the request of a party for good

31  cause shown.  A request for continuance by the consumer

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  1  constitutes a waiver of the time period set forth in s.

  2  681.1096(3)(k) for completion of all proceedings under the

  3  program.

  4         (e)  Where the arbitration is the result of a

  5  manufacturer's failure to perform in accordance with a

  6  settlement mediation agreement, any relief to the consumer

  7  granted by the arbitration will be no less than the relief

  8  agreed to by the manufacturer in the settlement agreement.

  9         (f)  The arbitrator shall grant relief if a reasonable

10  number of attempts have been undertaken to correct a

11  nonconformity or nonconformities.

12         (g)  The program arbitrator shall render a decision

13  within 10 days of the closing of the hearing. The decision

14  shall be in writing on a form prescribed or approved by the

15  department. The program administrator shall send a copy of the

16  decision to the consumer and each involved manufacturer by

17  registered mail. The program administrator shall also send a

18  copy of the decision to the department within 5 days of

19  mailing to the parties.

20         (h)  A manufacturer shall comply with an arbitration

21  decision within 40 days of the date the manufacturer receives

22  the written decision. Compliance occurs on the date the

23  consumer receives delivery of an acceptable replacement motor

24  vehicle or the refund specified in the arbitration award. If a

25  manufacturer fails to comply within the time required, the

26  consumer must notify the program administrator in writing

27  within 10 days. The program administrator shall notify the

28  department of a manufacturer's failure to comply. The

29  department shall have the authority to enforce compliance with

30  arbitration decisions under this section in the same manner as

31  is provided for enforcement of compliance with board decisions

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  1  under s. 681.1095(10). In any civil action arising under this

  2  chapter and relating to a dispute arbitrated pursuant to this

  3  section, the decision of the arbitrator is admissible in

  4  evidence.

  5         (i)  Either party may request that the program

  6  arbitrator make a technical correction to the decision by

  7  filing a written request with the program administrator within

  8  10 days after receipt of the written decision. Technical

  9  corrections shall be limited to computational errors,

10  correction of a party's name or information regarding the

11  recreational vehicle, and typographical or spelling errors.

12  Technical correction of a decision shall not toll the time for

13  filing an appeal or for manufacturer compliance.

14         (7)  A decision of the arbitrator is binding unless

15  appealed by either party by filing a petition with the circuit

16  court within the time and in the manner prescribed by s.

17  681.1095(10) and (12). Section 681.1095(13) and (14) apply to

18  appeals filed under this section. Either party may make

19  application to the circuit court for the county in which one

20  of the parties resides or has a place of business or, if

21  neither party resides or has a place of business in this

22  state, the county where the arbitration hearing was held, for

23  an order confirming, vacating, modifying, or correcting any

24  award, in accordance with the provisions of this section and

25  ss. 682.12, 682.13, 682.14, 682.15, and 682.17. Such

26  application must be filed within 30 days of the moving party's

27  receipt of the written decision or the decision becomes final.

28  Upon filing such application, the moving party shall mail a

29  copy to the department and, upon entry of any judgment or

30  decree, shall mail a copy of such judgment or decree to the

31  department. A review of such application by the circuit court

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  1  shall be confined to the record of the proceedings before the

  2  program arbitrator. The court shall conduct a de novo review

  3  of the questions of law raised in the application. In addition

  4  to the grounds set forth in ss. 682.13 and 682.14, the court

  5  shall consider questions of fact raised in the application. In

  6  reviewing questions of fact, the court shall uphold the award

  7  unless it determines that the factual findings of the

  8  arbitrator are not supported by substantial evidence in the

  9  record and that the substantial rights of the moving party

10  have been prejudiced. If the arbitrator fails to state

11  findings or reasons for the stated award, or the findings or

12  reasons are inadequate, the court shall search the record to

13  determine whether a basis exists to uphold the award. The

14  court shall expedite consideration of any application filed

15  under this section on the calendar.

16         (a)  If a decision of a program arbitrator in favor of

17  a consumer is confirmed by the court, recovery by the consumer

18  shall include the pecuniary value of the award, attorney's

19  fees incurred in obtaining confirmation of the award, and all

20  costs and continuing damages in the amount of $25 per day for

21  each day beyond the 40-day period following a manufacturer's

22  receipt of the arbitrator's decision. If a court determines

23  the manufacturer acted in bad faith in bringing the appeal or

24  brought the appeal solely for the purpose of harassment, or in

25  complete absence of a justiciable issue of law or fact, the

26  court shall double, and may triple, the amount of the total

27  award.

28         (b)  An appeal of a judgment or order by the court

29  confirming, denying confirmation, modifying or correcting, or

30  vacating the award may be taken in the manner and to the same

31  extent as from orders or judgments in a civil action.

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  1         Section 75.  Section 681.115, Florida Statutes, is

  2  amended to read:

  3         681.115  Certain agreements void.--Any agreement

  4  entered into by a consumer that waives, limits, or disclaims

  5  the rights set forth in this chapter, or that requires a

  6  consumer not to disclose the terms of such agreement as a

  7  condition thereof, is void as contrary to public policy.  The

  8  rights set forth in this chapter shall extend to a subsequent

  9  transferee of such motor vehicle.

10         Section 76.  Section 715.07, Florida Statutes, is

11  amended to read:

12         715.07  Vehicles and vessels parked on private

13  property; towing.--

14         (1)  As used in this section, the terms:

15         (a)  term "Vehicle" means any mobile item which

16  normally uses wheels, whether motorized or not.

17         (b)  "Vessel" means every description of watercraft,

18  barge, and air boat used or capable of being used as a means

19  of transportation on water, other than a seaplane or a

20  documented vessel, as defined in s. 327.02(8).

21         (2)  The owner or lessee of real property, or any

22  person authorized by the owner or lessee, which person may be

23  the designated representative of the condominium association

24  if the real property is a condominium, may cause any vehicle

25  or vessel parked on such property without her or his

26  permission to be removed by a person regularly engaged in the

27  business of towing vehicles or vessels, without liability for

28  the costs of removal, transportation, or storage or damages

29  caused by such removal, transportation, or storage, under any

30  of the following circumstances:

31

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  1         (a)  The towing or removal of any vehicle or vessel

  2  from private property without the consent of the registered

  3  owner or other legally authorized person in control of that

  4  vehicle or vessel is subject to strict compliance with the

  5  following conditions and restrictions:

  6         1.a.  Any towed or removed vehicle or vessel must be

  7  stored at a site within 10 miles of the point of removal in

  8  any county of 500,000 population or more, and within 15 miles

  9  of the point of removal in any county of less than 500,000

10  population. That site must be open for the purpose of

11  redemption of vehicles or vessels on any day that the person

12  or firm towing such vehicle or vessel is open for towing

13  purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall

14  have prominently posted a sign indicating a telephone number

15  where the operator of the site can be reached at all times.

16  Upon receipt of a telephoned request to open the site to

17  redeem a vehicle or vessel, the operator shall return to the

18  site within 1 hour or she or he will be in violation of this

19  section.

20         b.  If no towing business providing such service is

21  located within the area of towing limitations set forth in

22  sub-subparagraph a., the following limitations apply:  any

23  towed or removed vehicle or vessel must be stored at a site

24  within 20 miles of the point of removal in any county of

25  500,000 population or more, and within 30 miles of the point

26  of removal in any county of less than 500,000 population.

27         2.  The person or firm towing or removing the vehicle

28  or vessel shall, within 30 minutes of completion of such

29  towing or removal, notify the municipal police department or,

30  in an unincorporated area, the sheriff of such towing or

31  removal, the storage site, the time the vehicle or vessel was

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  1  towed or removed, and the make, model, color, and license

  2  plate number of the vehicle or the make, model, color, and

  3  registration number of the vessel and shall obtain the name of

  4  the person at that department to whom such information was

  5  reported and note that name on the trip record.

  6         3.  If the registered owner or other legally authorized

  7  person in control of the vehicle or vessel arrives at the

  8  scene prior to removal or towing of the vehicle or vessel, the

  9  vehicle or vessel shall be disconnected from the towing or

10  removal apparatus, and that person shall be allowed to remove

11  the vehicle or vessel without interference upon the payment of

12  a reasonable service fee of not more than one-half of the

13  posted rate for such towing service as provided in

14  subparagraph 6., for which a receipt shall be given, unless

15  that person refuses to remove the vehicle or vessel which is

16  otherwise unlawfully parked or located.

17         4.  The rebate or payment of money or any other

18  valuable consideration from the individual or firm towing or

19  removing vehicles or vessels to the owners or operators of the

20  premises from which the vehicles are towed or removed, for the

21  privilege of removing or towing those vehicles or vessels, is

22  prohibited.

23         5.  Except for property appurtenant to and obviously a

24  part of a single-family residence, and except for instances

25  when notice is personally given to the owner or other legally

26  authorized person in control of the vehicle or vessel that the

27  area in which that vehicle or vessel is parked is reserved or

28  otherwise unavailable for unauthorized vehicles or vessels and

29  subject to being removed at the owner's or operator's expense,

30  any property owner or lessee, or person authorized by the

31  property owner or lessee, prior to towing or removing any

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  1  vehicle or vessel from private property without the consent of

  2  the owner or other legally authorized person in control of

  3  that vehicle or vessel, must post a notice meeting the

  4  following requirements:

  5         a.  The notice must be prominently placed at each

  6  driveway access or curb cut allowing vehicular access to the

  7  property, within 5 feet from the public right-of-way line.  If

  8  there are no curbs or access barriers, the signs must be

  9  posted not less than one sign for each 25 feet of lot

10  frontage.

11         b.  The notice must clearly indicate, in not less than

12  2-inch high, light-reflective letters on a contrasting

13  background, that unauthorized vehicles will be towed away at

14  the owner's expense. Owners or lessees that remove vessels

15  from their properties shall post notice, consistent with the

16  requirements of this subparagraph, that unauthorized vehicles

17  or vessels will be towed at the owner's expense.  The words

18  "tow-away zone" must be included on the sign in not less than

19  4-inch high letters.

20         c.  The notice must also provide the name and current

21  telephone number of the person or firm towing or removing the

22  vehicles or vessels, if the property owner, lessee, or person

23  in control of the property has a written contract with the

24  towing company.

25         d.  The sign structure containing the required notices

26  must be permanently installed with the words "tow-away zone"

27  not less than 3 feet and not more than 6 feet above ground

28  level and must be continuously maintained on the property for

29  not less than 24 hours prior to the towing or removal of any

30  vehicles or vessels.

31

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  1         e.  The local government may require permitting and

  2  inspection of these signs prior to any towing or removal of

  3  vehicles or vessels being authorized.

  4         f.  A business with 20 or fewer parking spaces

  5  satisfies the notice requirements of this subparagraph by

  6  prominently displaying a sign stating "Reserved Parking for

  7  Customers Only Unauthorized Vehicles or Vessels Will be Towed

  8  Away At the Owner's Expense" in not less than 4-inch high,

  9  light-reflective letters on a contrasting background.

10

11  A business owner or lessee may authorize the removal of a

12  vehicle or vessel by a towing company when the vehicle is

13  parked in such a manner that restricts the normal operation of

14  business; and if a vehicle or vessel parked on a public

15  right-of-way obstructs access to a private driveway the owner,

16  lessee, or agent may have the vehicle or vessel removed by a

17  towing company upon signing an order that the vehicle or

18  vessel be removed without a posted tow-away zone sign.

19         6.  Any person or firm that tows or removes vehicles or

20  vessels and proposes to require an owner, operator, or person

21  in control of a vehicle or vessel to pay the costs of towing

22  and storage prior to redemption of the vehicle or vessel must

23  file and keep on record with the local law enforcement agency

24  a complete copy of the current rates to be charged for such

25  services and post at the storage site an identical rate

26  schedule and any written contracts with property owners,

27  lessees, or persons in control of property which authorize

28  such person or firm to remove vehicles or vessels as provided

29  in this section.

30         7.  Any person or firm towing or removing any vehicles

31  or vessels from private property without the consent of the

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  1  owner or other legally authorized person in control of the

  2  vehicles or vessels shall, on any trucks, wreckers as defined

  3  in s. 713.78(1)(b), or other vehicles used in the towing or

  4  removal, have the name, address, and telephone number of the

  5  company performing such service clearly printed in contrasting

  6  colors on the driver and passenger sides of the vehicle.  The

  7  name shall be in at least 3-inch permanently affixed letters,

  8  and the address and telephone number shall be in at least

  9  1-inch permanently affixed letters.

10         8.  Vehicle entry for the purpose of removing the

11  vehicle or vessel shall be allowed with reasonable care on the

12  part of the person or firm towing the vehicle or vessel.  Such

13  person or firm shall be liable for any damage occasioned to

14  the vehicle or vessel if such entry is not in accordance with

15  the standard of reasonable care.

16         9.  When a vehicle or vessel has been towed or removed

17  pursuant to this section, it must be released to its owner or

18  custodian within one hour after requested.  Any vehicle or

19  vessel owner, custodian, or agent shall have the right to

20  inspect the vehicle or vessel before accepting its return, and

21  no release or waiver of any kind which would release the

22  person or firm towing the vehicle or vessel from liability for

23  damages noted by the owner or other legally authorized person

24  at the time of the redemption may be required from any vehicle

25  or vessel owner, custodian, or agent as a condition of release

26  of the vehicle or vessel to its owner.  A detailed, signed

27  receipt showing the legal name of the company or person towing

28  or removing the vehicle or vessel must be given to the person

29  paying towing or storage charges at the time of payment,

30  whether requested or not.

31

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  1         (b)  These requirements shall be the minimum standards

  2  and shall not preclude enactment of additional regulations by

  3  any municipality or county including the right to regulate

  4  rates when vehicles or vessels are towed from private

  5  property.

  6         (3)  This section does not apply to law enforcement,

  7  firefighting, rescue squad, ambulance, or other emergency

  8  vehicles or vessels which are marked as such or to property

  9  owned by any governmental entity.

10         (4)  When a person improperly causes a vehicle or

11  vessel to be removed, such person shall be liable to the owner

12  or lessee of the vehicle or vessel for the cost of removal,

13  transportation, and storage; any damages resulting from the

14  removal, transportation, or storage of the vehicle; attorneys'

15  fees; and court costs.

16         (5)  Failure to make good faith best efforts to comply

17  with the notice requirement of this section, as appropriate,

18  shall preclude the imposition of any towing or storage charges

19  against such vehicle or vessel.

20         (6)(5)(a)  Any person who violates the provisions of

21  subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is

22  guilty of a misdemeanor of the first degree, punishable as

23  provided in s. 775.082 or s. 775.083.

24         (b)  Any person who violates the provisions of

25  subparagraph (2)(a)7. commits is guilty of a felony of the

26  third degree, punishable as provided in s. 775.082, s.

27  775.083, or s. 775.084.

28         Section 77.  Subsection (3) is added to section 832.09,

29  Florida Statutes, to read:

30         832.09  Suspension of driver license after warrant or

31  capias is issued in worthless check case.--

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  1         (3)  The Department of Highway Safety and Motor

  2  Vehicles shall create a standardized form to be distributed to

  3  the clerks of the court in each county for the purpose of

  4  notifying the department that a person has satisfied the

  5  requirements of the court. Notices of compliance with the

  6  court's requirements shall be on the standardized form

  7  provided by the department.

  8         Section 78.  Subsection (10) of section 212.08, Florida

  9  Statutes, is amended to read:

10         212.08  Sales, rental, use, consumption, distribution,

11  and storage tax; specified exemptions.--The sale at retail,

12  the rental, the use, the consumption, the distribution, and

13  the storage to be used or consumed in this state of the

14  following are hereby specifically exempt from the tax imposed

15  by this chapter.

16         (10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT

17  OF ANOTHER STATE.--The tax collected on the sale of a new or

18  used motor vehicle in this state to a resident of another

19  state shall be an amount equal to the sales tax which would be

20  imposed on such sale under the laws of the state of which the

21  purchaser is a resident, except that such tax shall not exceed

22  the tax that would otherwise be imposed under this chapter.

23  At the time of the sale, the purchaser shall execute a

24  notarized statement of his or her intent to license the

25  vehicle in the state of which the purchaser is a resident

26  within 45 days of the sale and of the fact of the payment to

27  the State of Florida of a sales tax in an amount equivalent to

28  the sales tax of his or her state of residence and shall

29  submit the statement to the appropriate sales tax collection

30  agency in his or her state of residence. Nothing in this

31  subsection shall be construed to require the removal of the

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  1  vehicle from this state following the filing of an intent to

  2  license the vehicle in the purchaser's home state if the

  3  purchaser licenses the vehicle in his or her home state within

  4  45 days after the date of sale. Nothing herein shall require

  5  the payment of tax to the State of Florida for assessments

  6  made prior to July 1, 2001, if the tax imposed by this section

  7  has been paid to the state in which the vehicle was licensed

  8  and the department has assessed a like amount of tax on the

  9  same transactions. This provision shall apply retroactively to

10  assessments that have been protested prior to August 1, 1999,

11  and have not been paid on the date this act takes effect.

12         Section 79.  Chapter 261, Florida Statutes, consisting

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

14  261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida

15  Statutes, is created to read:

16         261.01  Short title.--This chapter may be cited as the

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

18  Act."

19         261.02  Legislative findings, declarations, and

20  intent.--

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

22  are becoming increasingly popular in this state and that the

23  use of these vehicles should be controlled and managed to

24  minimize negative effects on the environment, wildlife

25  habitats, native wildlife, and native flora.

26         (2)  The Legislature declares that effectively managed

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

28  vehicles are compatible with this state's overall recreation

29  plan and the underlying goal of multiple use.

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

31

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

  2  facilities, and opportunities be improved and appropriately

  3  expanded, and be managed in a manner consistent with this

  4  chapter, in order to maintain natural resources and sustained

  5  long-term use of off-highway-vehicle trails and areas.

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

  7  facilities, and opportunities be provided and managed pursuant

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

  9  use and the environment.

10         (c)  Nothing contained within this act shall be

11  construed to require the construction or maintenance of

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

13  public lands where such construction or maintenance would be

14  inconsistent with the property's management objectives or land

15  management plan.

16         261.03  Definitions.--As used in this chapter, the

17  term:

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

19  Recreation Advisory Committee created by s. 261.04.

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

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

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

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

24  straddled by the operator and handlebars for steering control,

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

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

27  and Consumer Services.

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

29  Department of Agriculture and Consumer Services.

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

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

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

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

  3  ground, but excludes a tractor or a moped.

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

  5  off the roads or highways of this state for recreational

  6  purposes and which is not registered and licensed for highway

  7  use under chapter 320.

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

  9  Program.

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

11  Florida which are available for public use and which are

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

13  municipal governmental entity.

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

15  areas and trails on public lands within the state.

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

17  the Division of Forestry of the Department of Agriculture and

18  Consumer Services.

19         261.04  Creation of the Off-Highway-Vehicle Recreation

20  Advisory Committee; members; appointment.--

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

22  Committee is created within the Division of Forestry and shall

23  consist of nine members, all of whom shall appointed by the

24  Commissioner of Agriculture. The appointees shall include one

25  representative of the Department of Agriculture and Consumer

26  Services, one representative of the Department of Highway

27  Safety and Motor Vehicles, one representative of the Office of

28  Greenways and Trails of the Department of Environmental

29  Protection, one representative of the Fish and Wildlife

30  Conservation Commission, one citizen with scientific expertise

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

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  1  environmental sciences, one representative of a licensed

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

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

  4  appointments, the commissioner shall consider the places of

  5  residence of the members to ensure statewide representation.

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

  7  committee is 2 years. The members first appointed shall

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

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

10  June 30, 2004.

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

12  commissioner shall appoint a successor member for the

13  unexpired portion of the term.

14         (4)  The members shall elect a chair from among

15  themselves who shall serve for 1 year or until a successor is

16  elected.

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

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

19  necessary expenses incurred in the performance of their

20  duties.

21         261.05  Duties and responsibilities of the

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

23         (1)  The advisory committee shall establish policies to

24  guide the department regarding the off-highway-vehicle

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

26  recreation areas and trails.

27         (2)  The advisory committee shall make recommendations

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

29  training and education programs in the operation of such

30  vehicles.

31

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  1         (3)  The advisory committee must be informed of all

  2  governmental activities affecting the program.

  3         (4)  The advisory committee must be informed of

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

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

  6  recommendations to avoid or minimize adverse environmental

  7  impacts and promote sustained, long-term use.

  8         (5)  The advisory committee must be fully informed of

  9  the inventory of off-highway-vehicle access and opportunities.

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

11  and locations throughout the state to receive public comments

12  on the implementation of the program and shall take these

13  public comments into consideration when making its

14  recommendations.

15         (7)  The advisory committee shall review and make

16  recommendations annually regarding the department's proposed

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

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

19  match grant funds available from other sources.

20         (8)  The advisory committee shall make recommendations

21  regarding all capital outlay expenditures from the trust fund

22  proposed for inclusion in the budget.

23         (9)  The advisory committee shall review grant

24  applications submitted by any governmental agency or entity or

25  nongovernmental entity requesting moneys from the trust fund

26  to create, operate, manage, or improve off-highway-vehicle

27  recreation areas or trails within the state, protect and

28  restore affected natural areas in the system, or provide

29  off-highway-vehicle driver education. The advisory committee

30  shall recommend to the department approval or denial of such

31

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  1  grant applications based upon criteria established by the

  2  advisory committee.

  3         261.06  Functions, duties, and responsibilities of the

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

  5  responsibilities of the department through the division:

  6         (1)  Coordination of the planning, development,

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

  8  system.

  9         (2)  Coordination of the management, maintenance,

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

11  and the provision of law enforcement and appropriate public

12  safety activities.

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

14  advisory committee's budget recommendations.

15         (4)  Implementation of the program, including the

16  ultimate approval of grant applications submitted by

17  governmental agencies or entities or nongovernmental entities.

18         (5)  Coordination to help ensure compliance with

19  environmental laws and regulations of the program and lands in

20  the system.

21         (6)  The implementation of the policies established by

22  the advisory committee.

23         (7)  Provision of staff assistance to the advisory

24  committee.

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

26  be included in, the system.

27         (9)  Conducting surveys and the preparation of studies

28  as are necessary or desirable for implementing the program.

29         (10)  Recruitment and utilization of volunteers to

30  further the program.

31

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  1         (11)  Rulemaking authority to implement the provisions

  2  of ss. 261.01-261.10.

  3         261.07  Publication and distribution of guidebook;

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

  5  department shall publish a guidebook, including the text of

  6  this chapter, other laws and regulations relating to the

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

  8  guidebook may include other public areas, trails, and

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

10  must include information regarding the responsibilities of

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

12  and regulations, including particular provisions and other

13  information intended to prevent trespass and damage to public

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

15  cost to facilitate the broadest possible distribution and must

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

17         261.08  Repair, maintenance, and rehabilitation of

18  areas, trails, and lands.--

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

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

21  environment, wildlife habitats, native wildlife, and native

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

23  management of the system. Accordingly, the public land

24  managing agency shall avoid or minimize adverse impacts to the

25  environment, promptly repair and continuously maintain areas

26  and trails, anticipate and prevent accelerated erosion, and

27  rehabilitate lands to the extent damaged by

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

29  plans of the public land managing agency.

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

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

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  1  system to determine whether there is compliance with

  2  applicable environmental laws and regulations and take

  3  appropriate action as necessary.

  4         261.09  Contracts and agreements.--The public land

  5  managing agency may contract with private persons or entities

  6  and enter into cooperative agreements with other public

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

  8  including contracts for law enforcement services with public

  9  agencies having law enforcement powers.

10         261.10  Criteria for recreation areas and

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

12  recreation areas and trails shall be designated and maintained

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

14  and trails need not be generally suitable or maintained for

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

16  should not be designated as recreational foot paths. State

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

18  selected and managed in accordance with this chapter.

19         261.11  Penalties.--No off-highway vehicle may be

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

21  state, except as otherwise permitted by the managing state or

22  federal agency. A violation of this section is a noncriminal

23  traffic infraction, punishable as provided in chapter 318.

24         261.12  Designated off-highway-vehicle funds within the

25  Incidental Trust Fund of the Division of Forestry of the

26  Department of Agriculture and Consumer Services.--

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

28  trust fund shall consist of deposits from the following

29  sources:

30

31

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

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

  3  vehicles;

  4         (b)  Revenues and income from any other sources

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

  6  deposited into the trust fund as designated

  7  off-highway-vehicle funds;

  8         (c)  Donations from private sources that are designated

  9  as off-highway-vehicle funds; and

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

11  funds on deposit in the trust fund.

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

13  fund shall be available for recommended allocation by the

14  Off-Highway-Vehicle Recreation Advisory Committee and the

15  Department of Agriculture and Consumer Services and upon

16  annual appropriation by the Legislature, exclusively for the

17  following:

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

19  Recreation Program by the Department of Agriculture and

20  Consumer Services, which includes personnel and other related

21  expenses; administrative and operating expenses; expenses

22  related to safety, training, rider education programs,

23  management, maintenance, and rehabilitation of lands in the

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

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

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

27  rehabilitation of such lands.

28         (b)  Approved grants to governmental agencies or

29  entities or nongovernmental entities that wish to provide or

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

31  public use on public lands, provide environmental protection

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

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

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

  4  available from other sources.

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

  6  216.351, any balance of designated off-highway-vehicle funds

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

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

  9  this section and as otherwise provided by law.

10         Section 80.  Section 316.2074, Florida Statutes, is

11  amended to read:

12         316.2074  All-terrain vehicles.--

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

14  adoption of this section to provide safety protection for

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

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

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

18  (1270 mm) or less in width, having a dry weight of 900 600

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

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

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

22  straddled by the operator, and having handlebars for steering

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

24  passenger.

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

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

27  unless the person wears a safety helmet meeting United States

28  Department of Transportation standards and eye protection.

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

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

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

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

  2  pursuant to s. 316.066.

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

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

  5  highways of this state, except as otherwise permitted by the

  6  managing state or federal agency.

  7         (6)(5)  An all-terrain vehicle having four wheels may

  8  be used by police officers on public beaches designated as

  9  public roadways for the purpose of enforcing the traffic laws

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

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

12  access only when getting to and from the beach.

13         (7)(6)  A violation of this section is a noncriminal

14  traffic infraction, punishable as a nonmoving violation as

15  provided in chapter 318.

16         Section 81.  Short title.--Sections 81 through 98 of

17  this act may be cited as the "Florida Off-Highway-Vehicle

18  Titling and Registration Act."

19         Section 82.  Legislative intent.--It is the

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

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

22  vehicles operated on public lands be titled and issued a

23  certificate of title to allow for easy determination of

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

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

26  registered and issued a registration decal containing a

27  registration identification number to provide funding for the

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

29  recreation areas and trails and their associated natural

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

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

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  1  residents shall be exempt from the titling and registration

  2  requirements of this act and that all off-highway vehicles

  3  owned by governmental entities shall be exempt from the

  4  titling and registration fees imposed by this act with the

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

  6  which are necessary to cover the administrative costs of the

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

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

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

10  applicable public land managing agencies shall apply to all

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

12  non-Florida residents and governmental entities.

13         Section 83.  Definitions.--As used in sections 81

14  through 98 of this act, the term:

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

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

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

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

19  straddled by the operator and handlebars for steering control,

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

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

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

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

24  sales tax certificate of registration issued by the Department

25  of Revenue and a valid commercial or occupational license

26  required by any county, municipality, or political subdivision

27  of the state in which the person operates.

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

29  Safety and Motor Vehicles.

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

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

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

  2  state, who has made a statement of domicile pursuant to s.

  3  222.17, Florida Statutes, or who has filed for homestead tax

  4  exemption on property in this state.

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

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

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

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

  9  ground, but excludes a tractor or a moped.

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

11  off the roads or highways of this state for recreational

12  purposes which is not registered and licensed for highway use

13  pursuant to chapter 320.

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

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

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

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

18  person, reserved or created by agreement and securing payment

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

20  lessee under a lease not intended as security.

21         (8)  "Public lands" means lands within the state which

22  are available for public use and which are owned, operated, or

23  managed by a federal, state, county, or municipal governmental

24  entity.

25         Section 84.  Administration of off-highway-vehicle

26  titling and registration laws; records.--

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

28  and registration laws in sections 81 through 98 of this act is

29  under the Department of Highway Safety and Motor Vehicles,

30  which shall provide for the issuing, handling, and recording

31  of all off-highway-vehicle titling and registration

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  1  applications and certificates, including the receipt and

  2  accounting of off-highway-vehicle titling and registration

  3  fees.

  4         (2)  The department shall keep records and perform

  5  other clerical duties pertaining to off-highway-vehicle

  6  titling and registration as required.

  7         Section 85.  Rules, forms, and notices.--

  8         (1)  The department may adopt rules under ss.

  9  120.536(1) and 120.54, Florida Statutes, which pertain to

10  off-highway-vehicle titling and registration to implement the

11  provisions of sections 81 through 98 of this act conferring

12  duties upon it.

13         (2)  The department shall prescribe and provide

14  suitable forms for applications and other notices and forms

15  necessary to administer the provisions of sections 81 through

16  98 of this act.

17         Section 86.  Certificate of title required.--

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

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

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

21  lands of this state must be titled pursuant to sections 81

22  through 98 of this act.

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

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

25  the purchaser or transferee a valid certificate of title with

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

27  purchaser or transferee. A person may not purchase or

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

29  without obtaining a certificate of title for the vehicle in

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

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

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  1  application for a title transfer with the county tax

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

  3  purchaser or transferee who files a title transfer application

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

  5  $5 of the additional amount.

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

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

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

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

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

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

12  destruction or abandonment, surrender to the department all

13  title documents for cancellation.

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

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

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

17  record his or her valid sales tax certificate of registration

18  number.

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

20  each application that is handled in connection with the

21  issuance, duplication, or transfer of any certificate of

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

23  application that is handled in connection with the recordation

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

25  in connection with the purchase of such vehicle.

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

27  shall be collected by the department on any application

28  handled directly from its office.  Otherwise, these service

29  charges shall be collected and retained by the tax collector

30  who handles the application.

31

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

  2  any tax collector may impose an additional service charge of

  3  not more than 50 cents on any transaction specified in

  4  paragraph (a) or on any transaction specified in subsection

  5  (2) of section 94 of this act, when such transaction occurs at

  6  any tax collector's branch office.

  7         Section 87.  Application for and issuance of

  8  certificate of title.--

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

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

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

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

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

14  application must be signed by the owner and must be

15  accompanied by a fee of $29.

16         (2)  The owner must establish, by submitting with the

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

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

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

20  any other document acceptable to the department.

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

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

23  department the last title document issued for that vehicle.

24  The document must be properly executed. Proper execution

25  includes the previous owner's signature and certification that

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

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

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

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

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

31

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  1  lienholder has knowledge of and consents to the transfer of

  2  title to the new owner.

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

  4  transfer must include payment of the applicable state sales

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

  6  vehicles purchased or transferred before the effective date of

  7  this act.

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

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

10  the department shall issue a certificate of title that states

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

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

13  department shall also issue a copy of the guidebook prepared

14  by the Department of Agriculture and Consumer Services

15  pursuant to s. 261.07, Florida Statutes.

16         Section 88.  Duplicate certificate of title.--

17         (1)  The department may issue a duplicate certificate

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

19  a certificate if the department is satisfied that the original

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

21  $15 shall be charged for issuing a duplicate certificate.

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

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

24  a duplicate certificate of title. Application for such

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

26  department shall issue each certificate of title applied for

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

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

29  written request by the applicant.

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

31  duplicate, or corrected certificate of title by the

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

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

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

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

  5  department for reissuance of the certificate of title. An

  6  additional fee may not be charged for reissuance under this

  7  subsection.

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

  9  that the application is signed by a person authorized to

10  receive a duplicate title certificate under this section if

11  the address shown on the application is different from the

12  address shown for the applicant on the records of the

13  department.

14         Section 89.  Manufacturer's statement of origin to be

15  furnished.--

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

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

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

19  accompanied by an English translation if the vehicle was

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

21  by an authorized representative of the manufacturer, indicate

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

23  complete description of the vehicle, and contain as many

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

25  purchaser.

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

27  manufacturer, manufacturer's representative, or dealer to

28  issue a manufacturer's certificate of origin describing an

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

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

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

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  1  obtain a certificate of origin with the knowledge that the

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

  3  exist. Any person who violates this subsection commits a

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

  5  775.082, s. 775.083, or s. 775.084, Florida Statutes.

  6         Section 90.  Registration required.--

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

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

  9  by non-Florida residents or those used for agricultural

10  purposes, must be registered within 30 days after purchase.

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

12  or manager of public lands containing improved and maintained

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

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

15  offset the cost of operation and maintenance of such

16  off-highway-vehicle facilities.

17         Section 91.  Application for and issuance of

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

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

20  requires registration in this state must file a registration

21  application with the county tax collector.

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

23  address, residency status, a Florida identification card

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

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

26  accompanied by a fee of $25.

27         (b)  Proof of ownership must be established by

28  presenting a title for the off-highway vehicle.

29         (2)  The department shall issue a certificate of

30  registration and a registration number upon submittal of a

31  complete application and compliance with the other

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  1  requirements of this section. The certificate of registration

  2  does not constitute a license.

  3         (3)  The department shall furnish with each

  4  registration certificate issued a decal signifying the years

  5  during which the certificate is valid and containing the

  6  assigned registration number, and such decal must be affixed

  7  to the rear of the off-highway vehicle.

  8         Section 92.  Registration period and reregistration by

  9  mail.--

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

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

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

13  certificate of registration, the certificate is valid through

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

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

16         (2)  The department shall provide for annual

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

18  county tax collector's office or by mail.

19         Section 93.  Change of interest and address.--

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

21  the transfer of any whole or partial interest in an

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

23  the destruction or abandonment of such vehicle within 30 days

24  thereafter. The certificate shall expire upon such transfer,

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

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

27  vehicle.

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

29  notify the department or the county tax collector within 30

30  days after a change of address to an address other than the

31  address on the certificate and must furnish the department or

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  1  the county tax collector with the new address. The department

  2  may provide by rule for the surrender of the certificate

  3  bearing the former address and for its replacement with a new

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

  5  certificate to include the new address of the holder.

  6         Section 94.  Duplicate registration certificate or

  7  decal; service fees.--

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

  9  certificate or decal to replace a lost or misplaced

10  certificate or decal may be obtained from the county tax

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

12  issued except upon written request of the registered owner or

13  a person authorized by the owner.

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

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

16  tax collector for each registration certificate or decal

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

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

19  department.

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

21  registration or reregistration mailed by the department or any

22  tax collector. All registrations and reregistrations must be

23  mailed by first-class mail. The amount of the mail service

24  charge must be the actual postage required rounded to the

25  nearest 5 cents, plus a 25-cent handling charge. The mail

26  service charge is in addition to the registration fee in

27  section 91.

28         Section 95.  Disposition of fees.--The department shall

29  deposit all funds received under sections 81 through 98, less

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

31  registration transaction, into the Incidental Trust Fund of

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  1  the Division of Forestry of the Department of Agriculture and

  2  Consumer Services.

  3         Section 96.  Refusal to issue and authority to cancel a

  4  certificate of title or registration.--

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

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

  7  given a false statement or false or incomplete information in

  8  applying for the certificate or has otherwise failed to comply

  9  with the applicable provisions pertaining to the application

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

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

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

13  registration has given a false statement or false or

14  incomplete information in applying for the certificate or has

15  otherwise failed to comply with the applicable provisions

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

17  the certificate.

18         (3)  The department may cancel any pending application

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

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

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

22  after the department has given notice.

23         Section 97.  Crimes relating to certificates of title

24  and registration decals; penalties.--

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

26  attempt to procure a certificate of title or duplicate

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

28  attempt to pass a certificate of title or duplicate

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

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

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

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  1  violates this subsection commits a felony of the third degree,

  2  punishable as provided in s. 775.082, s. 775.083, or s.

  3  775.084, Florida Statutes.

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

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

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

  7  fictitious, counterfeit, stolen, or fraudulently or unlawfully

  8  obtained certificate of title, duplicate certificate of title,

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

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

11  foregoing. Any person who violates this subsection commits a

12  felony of the third degree, punishable as provided in s.

13  775.082, s. 775.083, or s. 775.084, Florida Statutes.

14         (3)  It is unlawful:

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

16  off-highway vehicle or any assignment thereof or any

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

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

19  cancellation knowing that it has been altered or forged.

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

21  fictitious address, or make any false statement in any

22  application or affidavit required by sections 81 through 98 of

23  this act or in a bill of sale or sworn statement of ownership

24  or otherwise commit a fraud in any application.

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

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

27  counterfeit, stolen, or unlawfully obtained certificate of

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

29  ownership of an off-highway vehicle.

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

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

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  1  vehicle which certificate is required by law to be surrendered

  2  to the department. Any person who violates this subsection

  3  commits a felony of the third degree, punishable as provided

  4  in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. A

  5  violation of this subsection with respect to any off-highway

  6  vehicle makes such off-highway vehicle contraband which may be

  7  seized by a law enforcement agency and forfeited under ss.

  8  932.701-932.704, Florida Statutes.

  9         (4)  It is unlawful for any person:

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

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

12  the department.

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

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

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

16  possession has been authorized by the department.

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

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

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

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

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

22  the department. Any person who violates this subsection

23  commits a felony of the third degree, punishable as provided

24  in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.

25         Section 98.  Nonmoving traffic violations.--Any person

26  who fails to comply with any provision of sections 81 through

27  98 of this act for which a penalty is not otherwise provided

28  commits of a nonmoving traffic violation, punishable as

29  provided in s. 318.18, Florida Statutes.

30         Section 99.  Subsection (1) of section 375.315, Florida

31  Statutes, is amended to read:

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  1         375.315  Registration of off-road vehicles.--

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

  3  and not registered or licensed under s. 320.02 or s. 320.06,

  4  and not otherwise required to be registered pursuant to the

  5  Florida Off-Highway-Vehicle Titling and Registration Act must

  6  be registered as provided in this section.

  7         Section 100.  There is appropriated to the Department

  8  of Agriculture and Consumer Services from the designated

  9  off-highway-vehicle funds in the Incidental Trust Fund of the

10  Division of Forestry of the Department of Agriculture and

11  Consumer Services, for fiscal year 2001-2002, one position and

12  $156,660 to carry out the provisions of this act.

13         Section 101.  Subsection (2) of section 316.605,

14  Florida Statutes, is amended to read:

15         316.605  Licensing of vehicles.--

16         (2)  Any commercial motor vehicle, as defined in s.

17  316.003(66), operating over the highways of this state with an

18  expired registration, with no registration from this or any

19  other jurisdiction, or with no registration under the

20  applicable provisions of chapter 320 shall be in violation of

21  s. 320.07(4)(3) and shall subject the owner or operator of

22  such vehicle to the penalty provided.  In addition, a

23  commercial motor vehicle found in violation of this section

24  may be detained by any law enforcement officer until the owner

25  or operator produces evidence that the vehicle has been

26  properly registered and that any applicable delinquent

27  penalties have been paid.

28         Section 102.  Subsections (1), (4), and (9) of section

29  318.14, Florida Statutes, are amended to read:

30         318.14  Noncriminal traffic infractions; exception;

31  procedures.--

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  1         (1)  Except as provided in ss. 318.17 and

  2  320.07(4)(c)(3)(c), any person cited for a violation of s.

  3  240.265, chapter 316, s. 320.0605, s. 320.07(4)(a)(3)(a) or

  4  (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s.

  5  322.161(5), or s. 322.19 is charged with a noncriminal

  6  infraction and must be cited for such an infraction and cited

  7  to appear before an official. If another person dies as a

  8  result of the noncriminal infraction, the person cited may be

  9  required to perform 120 community service hours under s.

10  316.027(4), in addition to any other penalties.

11         (4)  Any person charged with a noncriminal infraction

12  under this section who does not elect to appear shall pay the

13  civil penalty and delinquent fee, if applicable, either by

14  mail or in person, within 30 days after the date of receiving

15  the citation.  If the person cited follows the above

16  procedure, he or she shall be deemed to have admitted the

17  infraction and to have waived his or her right to a hearing on

18  the issue of commission of the infraction.  Such admission

19  shall not be used as evidence in any other proceedings.  Any

20  person who is cited for a violation of s. 320.0605 or s.

21  322.15(1), or subject to a penalty under s. 320.07(4)(a)(3)(a)

22  or (b) or s. 322.065, and who makes an election under this

23  subsection shall submit proof of compliance with the

24  applicable section to the clerk of the court. For the purposes

25  of this subsection, proof of compliance consists of a valid

26  driver's license or a valid registration certificate.

27         (9)  Any person who is cited for an infraction under

28  this section other than a violation of s. 320.0605, s.

29  320.07(4)(a)(3)(a) or (b), s. 322.065, s. 322.15(1), s.

30  322.61, or s. 322.62 may, in lieu of a court appearance, elect

31  to attend in the location of his or her choice within this

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  1  state a basic driver improvement course approved by the

  2  Department of Highway Safety and Motor Vehicles. In such a

  3  case, adjudication must be withheld; points, as provided by s.

  4  322.27, may not be assessed; and the civil penalty that is

  5  imposed by s. 318.18(3) must be reduced by 18 percent;

  6  however, a person may not make an election under this

  7  subsection if the person has made an election under this

  8  subsection in the preceding 12 months. A person may make no

  9  more than five elections under this subsection. The

10  requirement for community service under s. 318.18(8) is not

11  waived by a plea of nolo contendere or by the withholding of

12  adjudication of guilt by a court.

13         Section 103.  Paragraph (b) of subsection (2) of

14  section 318.18, Florida Statutes, is amended to read:

15         318.18  Amount of civil penalties.--The penalties

16  required for a noncriminal disposition pursuant to s. 318.14

17  are as follows:

18         (2)  Thirty dollars for all nonmoving traffic

19  violations and:

20         (b)  For all violations of ss. 320.0605, 320.07(1),

21  322.065, and 322.15(1).  Any person who is cited for a

22  violation of s. 320.07(1) shall be charged a delinquent fee

23  pursuant to s. 320.07(5)(4).

24         1.  If a person who is cited for a violation of s.

25  320.0605 or s. 320.07 can show proof of having a valid

26  registration at the time of arrest, the clerk of the court may

27  dismiss the case and may assess a $5 dismissal fee. A person

28  who finds it impossible or impractical to obtain a valid

29  registration certificate must submit an affidavit detailing

30  the reasons for the impossibility or impracticality. The

31  reasons may include, but are not limited to, the fact that the

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  1  vehicle was sold, stolen, or destroyed; that the state in

  2  which the vehicle is registered does not issue a certificate

  3  of registration; or that the vehicle is owned by another

  4  person.

  5         2.  If a person who is cited for a violation of s.

  6  322.03, s. 322.065, or s. 322.15 can show a driver's license

  7  issued to him or her and valid at the time of arrest, the

  8  clerk of the court may dismiss the case and may assess a $5

  9  dismissal fee.

10         3.  If a person who is cited for a violation of s.

11  316.646 can show proof of security as required by s. 627.733,

12  issued to the person and valid at the time of arrest, the

13  clerk of the court may dismiss the case and may assess a $5

14  dismissal fee. A person who finds it impossible or impractical

15  to obtain proof of security must submit an affidavit detailing

16  the reasons for the impracticality. The reasons may include,

17  but are not limited to, the fact that the vehicle has since

18  been sold, stolen, or destroyed; that the owner or registrant

19  of the vehicle is not required by s. 627.733 to maintain

20  personal injury protection insurance; or that the vehicle is

21  owned by another person.

22         Section 104.  Subsection (3) of section 322.121,

23  Florida Statutes, is amended to read:

24         322.121  Periodic reexamination of all drivers.--

25         (3)  For each licensee whose driving record does not

26  show any revocations, disqualifications, or suspensions for

27  the preceding 7 years or any convictions for the preceding 3

28  years except for convictions of the following nonmoving

29  violations:

30

31

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  1         (a)  Failure to exhibit a vehicle registration

  2  certificate, rental agreement, or cab card pursuant to s.

  3  320.0605;

  4         (b)  Failure to renew a motor vehicle or mobile home

  5  registration that has been expired for 4 months or less

  6  pursuant to s. 320.07(4)(a)(3)(a);

  7         (c)  Operating a motor vehicle with an expired license

  8  that has been expired for 4 months or less pursuant to s.

  9  322.065;

10         (d)  Failure to carry or exhibit a license pursuant to

11  s. 322.15(1); or

12         (e)  Failure to notify the department of a change of

13  address or name within 10 days pursuant to s. 322.19,

14

15  the department shall cause such licensee's license to be

16  prominently marked with the notation "Safe Driver."

17         Section 105.  Except as otherwise provided herein, this

18  act shall take effect October 1, 2001.

19

20

21

22

23

24

25

26

27

28

29

30

31

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