House Bill hb0807e1

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                                     CS/CS/HB 807, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; amending s.

  4         320.08056, F.S.; increasing the fee for the

  5         Florida educational license plate; creating s.

  6         860.146, F.S.; defining the terms "fake airbag"

  7         and "junk-filled airbag compartment";

  8         prohibiting the sale, purchase, or installation

  9         of fake airbags or junk-filled airbag

10         compartments; providing criminal penalties;

11         amending s. 322.056, F.S.; authorizing the

12         court to direct the Department of Highway

13         Safety and Motor Vehicles to issue a driver's

14         license restricted to business or employment

15         purposes only to certain persons under age 18

16         found guilty of certain alcohol, drug, or

17         tobacco offenses; amending s. 316.003, F.S.;

18         providing that certain vehicles of the

19         Department of Health are authorized emergency

20         vehicles; providing that a motorized scooter is

21         not a motor vehicle for traffic control

22         purposes; creating a definition of the term

23         motorized scooter; amending s. 316.006, F.S.;

24         authorizing the installation of multiparty stop

25         signs on certain roads; providing guidelines

26         for the installation of such signage; amending

27         s. 316.1951, F.S.; revising provisions related

28         to parking vehicles to display for sale;

29         amending s. 316.1975, F.S.; exempting operators

30         of solid waste and recovered materials vehicles

31         from provisions regarding unattended motor


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                                     CS/CS/HB 807, First Engrossed



  1         vehicles; amending s. 316.2065, F.S.; providing

  2         motorized scooter operating regulations;

  3         amending s. 316.228, F.S.; requiring strobe

  4         lights to be placed on the exterior of a

  5         commercial vehicle transporting unprocessed

  6         forest products extending more than 4 feet

  7         beyond the rear of the vehicle; providing an

  8         alternate method for placing strobe lights in

  9         certain instances; requiring the use of a red

10         flag on the load; amending s. 316.2397, F.S.;

11         authorizing the emergency response vehicles of

12         the Department of Health to use red flashing

13         lights; amending s. 316.520, F.S.; clarifying

14         that a violation of a provision governing loads

15         on vehicles is a moving rather than a nonmoving

16         violation; exempting certain vehicles carrying

17         agricultural products; amending s. 316.640,

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

19         crash investigation officers; amending s.

20         316.650, F.S.; requiring the issuance of a copy

21         of the traffic school reference guide with

22         traffic citations under certain circumstances;

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

24         a restriction on the number of elections a

25         person may make to attend a basic driver

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

27         providing an assessment fee with respect to

28         driver improvement courses for persons who are

29         ordered by the court to attend and for certain

30         other violations; providing traffic school

31         reference guide requirements; amending s.


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                                     CS/CS/HB 807, First Engrossed



  1         322.0261, F.S.; deleting reference to a time

  2         period and increasing the amount of damage

  3         required with respect to a crash for the

  4         screening of certain crash reports; requiring

  5         the Department of Highway Safety and Motor

  6         Vehicles to approve and regulate certain

  7         courses for driver improvement schools;

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

  9         mandatory driver improvement courses for

10         certain violations; amending s. 319.001, F.S.;

11         providing definitions; amending s. 319.14,

12         F.S.; authorizing the Department of Highway

13         Safety and Motor Vehicles to place a decal on a

14         rebuilt vehicle so as to clarify its identity;

15         providing a penalty for the removal of the

16         decal; amending s. 319.22, F.S.; providing a

17         limitation on an action challenging the

18         validity of a certificate of title issued

19         pursuant to ch. 319, F.S.; amending s. 319.23,

20         F.S.; providing a limitation on the issuance of

21         certain titles; amending s. 319.27, F.S.;

22         including reference to ownership interest with

23         respect to liens on motor vehicles or mobile

24         homes; providing special requirements with

25         respect to an ownership interest which is

26         different from that shown on an application for

27         certificate of title; creating s. 319.275,

28         F.S.; providing for interpleader actions for

29         law enforcement officers alleging possession of

30         a stolen motor vehicle by a good faith

31         purchaser or person duly issued a certificate


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                                     CS/CS/HB 807, First Engrossed



  1         of title; amending s. 319.32, F.S.; clarifying

  2         fees for recording of liens and ownership

  3         interests; amending s. 319.323, F.S.; revising

  4         language with respect to expedited service on

  5         title transfers; amending s. 319.23, F.S.;

  6         conforming the requirements for the transfer of

  7         ownership on an antique vehicle to that of any

  8         other motor vehicle; amending s. 319.28, F.S.;

  9         deleting the requirement that a copy of a

10         contract for processing an application for

11         title based on a contractual default be

12         provided; amending s. 319.30, F.S.; clarifying

13         the major component parts of a motor vehicle;

14         amending s. 320.01, F.S.; conforming the length

15         limitation for a motor home to that established

16         in ch. 316, F.S.; providing that a motorized

17         scooter is not a motor vehicle for registration

18         purposes; amending s. 320.02, F.S.; requiring

19         application forms for motor vehicle

20         registration and renewal of registration to

21         include language permitting a voluntary

22         contribution to certain organizations; amending

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

24         organizations receiving voluntary check-off

25         contributions to notify the department under

26         certain circumstances and to meet specified

27         requirements; conforming the section to the

28         Florida Single Audit Act; requiring

29         organizations seeking authorization to

30         establish a voluntary check-off contribution on

31         a motor vehicle registration application to


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                                     CS/CS/HB 807, First Engrossed



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

  2         conforming this section to the Florida Single

  3         Audit Act; amending s. 320.025, Florida

  4         Statutes, conforming the vessel registration

  5         law to the motor vehicle registration law;

  6         requiring a decal to be affixed to a vessel

  7         that is registered under a fictitious name and

  8         operated by any law enforcement agency;

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

10         registration law to the motor vehicle

11         registration law; providing instructions for

12         the release of information regarding a vessel

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

14         correcting the registration period for

15         nonapportioned vehicles; amending s. 320.06,

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

17         decal rather than two on a license plate;

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

19         timeframe a registrant can use a previous

20         license plate for the initial registration fee

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

22         the timeframe for a personalized license plate

23         to remain out of circulation prior to

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

25         requiring certain organizations to notify the

26         department under certain circumstances;

27         including two more colleges to the

28         discontinuance exemptions provided for

29         collegiate specialty license plates; amending

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

31         the Florida Single Audit Act; amending s.


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                                     CS/CS/HB 807, First Engrossed



  1         320.083, F.S.; increasing the weight

  2         restriction for a private-use vehicle so as to

  3         be eligible to apply for the Amateur Radio

  4         Operator specialty license plate; amending s.

  5         320.089, F.S.; increasing the weight

  6         restriction for a private-use vehicle so as to

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

  8         Heart specialty license plate; amending s.

  9         320.18, F.S.; providing for cancellation of

10         license plates and fuel use tax decals for

11         failure to pay motor carrier weight and safety

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

13         redefining the term "motor vehicle auction";

14         deleting the requirement for a licensee to have

15         the certificate of title or ownership indicia

16         in his or her possession at an auction;

17         deleting a requirement for establishing a

18         pattern of wrongdoing; revising requirements

19         for denial, suspension, or revocation of a

20         motor vehicle dealer license; amending s.

21         320.60, F.S.; revising definitions used in ss.

22         320.61-320.70, F.S.; amending s. 320.61, F.S.;

23         amending procedures to be followed when a

24         complaint of unfair cancellation of a dealer

25         agreement has been made by a motor vehicle

26         dealer against a licensee; defining the term

27         "final decision"; amending s. 320.64, F.S.;

28         providing penalties and remedies for

29         violations; deleting subsections (13) and (16);

30         amending subsection (18); creating subsections

31         (22) through (32) and renumbering sections;


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                                     CS/CS/HB 807, First Engrossed



  1         amending s. 320.641, F.S.; providing procedures

  2         relating to discontinuations, cancellations,

  3         nonrenewals, modifications, and replacements of

  4         franchise agreements; amending s. 320.643,

  5         F.S.; amending provisions relating to the

  6         transfer, assignment, or sale of franchise

  7         agreements; amending s. 320.645, F.S.; amending

  8         provisions relating to restrictions upon a

  9         licensee's owning a dealership; providing for

10         "dealer development arrangements"; providing

11         exceptions; amending s. 320.699, F.S.; amending

12         procedures for administrative hearings;

13         creating s. 320.6991; providing for

14         severability; amending s. 320.691 F.S.;

15         creating the Automobile Dealers Industry

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

17         providing that a motorized scooter is not a

18         motor vehicle for drivers' licensing purposes;

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

20         statutory reference regarding the requirements

21         for an individual under 18 years of age to

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

23         322.081, F.S.; requiring certain organizations

24         receiving voluntary check-off contributions to

25         notify the department under certain

26         circumstances and to meet specified

27         requirements; conforming the section to the

28         Florida Single Audit Act; requiring

29         organizations seeking authorization to

30         establish a voluntary contribution on a motor

31         vehicle registration to register with the


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                                     CS/CS/HB 807, First Engrossed



  1         Department of Agriculture and Consumer

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

  3         the Department of Highway Safety and Motor

  4         Vehicles to approve and regulate certain

  5         courses for driver improvement schools;

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

  7         Department of Highway Safety and Motor Vehicles

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

  9         license has been suspended or revoked due to

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

11         correcting a cross reference; amending s.

12         322.2615, F.S.; complying with the USDOT's

13         drunk driving prevention incentive program;

14         reducing the timeframe for a temporary permit

15         that is allotted when an individual is charged

16         with driving with an unlawful blood-alcohol

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

18         time period for a driver's license revocation

19         of a habitual traffic offender; amending s.

20         322.28, F.S.; deleting obsolete language

21         regarding the revocation of a driver's license;

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

23         procedure when the court revokes or suspends

24         license or driving privilege and orders

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

26         adding the requirement that DUI programs must

27         be governmental programs or not-for-profit

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

29         complying with the Federal Motor Carrier Safety

30         Regulations; adding two more violations for

31         which a commercial motor vehicle may be


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                                     CS/CS/HB 807, First Engrossed



  1         disqualified of driving privileges; amending s.

  2         322.64, F.S.; reducing the timeframe for a

  3         temporary permit allotted when an individual

  4         holding a commercial driver's license is

  5         charged with an unlawful blood-alcohol level;

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

  7         reinstatement of a license of a habitual

  8         traffic offender; creating the Driver Licensing

  9         Study Commission within the Department of

10         Highway Safety and Motor Vehicles; providing

11         for membership and appointment; providing for

12         staff; providing for duties of the commission;

13         providing for dissolution of the commission

14         upon submission of a required report; providing

15         an appropriation; amending s. 324.091, F.S.;

16         providing for electronic access to vehicle

17         insurance information; amending s. 328.01,

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

19         contract upon which a claim of ownership of a

20         vessel is made on a contractual default;

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

22         department to deny or cancel any vessel

23         registration, license plate, or fuel use decal

24         when given a dishonored check by the customer;

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

26         "commercial" and "recreational" when referring

27         to vessels operated on the waters of this

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

29         requirements for the transfer of ownership of

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

31         providing for the appropriation allotted for


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                                     CS/CS/HB 807, First Engrossed



  1         fiscal year 2000-2001 to be deposited into the

  2         Highway Safety Operating Trust Fund; amending

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

  4         to the list of individuals to be contacted when

  5         a vehicle has been towed; providing storage

  6         periods before the expiration of which certain

  7         salvaged vehicles may not be sold; repealing s.

  8         715.05, F.S., relating to the reporting of

  9         unclaimed motor vehicles; amending ss. 681.1096

10         and 681.1097, F.S.; revising program

11         requirements for the Pilot RV Mediation and

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

13         providing that a motor vehicle sales agreement

14         which prohibits disclosure of its terms is

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

16         vessel registration law to the motor vehicle

17         registration law; defining the term "vessel";

18         authorizing the removal of an undocumented

19         vessel parked on private property; amending s.

20         832.09, F.S.; authorizing the department to

21         create a standardized form to be used for

22         notification of satisfaction of a worthless

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

24         additional requirements on vehicle tax

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

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

27         and Recreation Act; providing legislative

28         intent; providing definitions; creating the

29         Off-Highway-Vehicle Recreation Advisory

30         Committee; providing duties and

31         responsibilities; providing for duties and


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                                     CS/CS/HB 807, First Engrossed



  1         responsibilities of the Department of

  2         Agriculture and Consumer Services; providing

  3         for rulemaking authority; providing for the

  4         publication and distribution of a guidebook;

  5         providing for the repair, maintenance, and

  6         rehabilitation of areas, trails, and lands;

  7         providing for contracts and agreements;

  8         providing criteria for recreation areas and

  9         trails; providing for the use of designated

10         off-highway-vehicle funds within the Incidental

11         Trust Fund of the Division of Forestry,

12         Department of Agriculture and Consumer

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

14         the definition of the term "all-terrain

15         vehicle"; prohibiting the use of all-terrain

16         vehicles on public roadways in the state;

17         creating the Florida Off-Highway-Vehicle

18         Titling and Registration Act; providing

19         legislative intent; providing definitions;

20         providing for administration by the Department

21         of Highway Safety and Motor Vehicles; providing

22         for rules, forms, and notices; requiring

23         certificates of title; providing for

24         application for and issuance of certificates of

25         title; providing for duplicate certificates of

26         title; requiring the furnishing of a

27         manufacturer's statement of origin; requiring

28         registration; providing for application for and

29         issuance of certificate of registration,

30         registration number, and decal; providing for

31         the registration period and for reregistration


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                                     CS/CS/HB 807, First Engrossed



  1         by mail; requiring notification of change of

  2         interest and address; providing for duplicate

  3         registration certificate and decal; providing

  4         for fees; providing for disposition of fees;

  5         providing for refusal to issue and authority to

  6         cancel a certificate of title or registration;

  7         providing for crimes relating to certificates

  8         of title and registration decals; providing

  9         penalties; providing for noncriminal

10         infractions; providing penalties; amending s.

11         375.315, F.S., relating to the registration of

12         off-road vehicles; providing an appropriation;

13         amending ss. 316.605, 318.14, 318.18, and

14         322.121, F.S.; correcting cross references;

15         providing effective dates.

16

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

18

19         Section 1.  Section 860.146, Florida Statutes, is

20  created to read:

21         860.146  Fake airbags; junk-filled airbag

22  compartment.--

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

24         (a)  "Fake airbag" means any item other than an air bag

25  that was designed in accordance with federal safety

26  regulations for a given make, model, and year of motor vehicle

27  as part of a motor vehicle inflatable restraint system.

28         (b)  "Junk-filled airbag compartment" means an airbag

29  compartment that is filled with any substance that does not

30  function in the same manner or to the same extent as an airbag

31  to protect vehicle occupants in a vehicle crash. The term does


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                                     CS/CS/HB 807, First Engrossed



  1  not include a compartment from which an airbag has deployed if

  2  there is no concealment of the deployment.

  3         (2)  It is unlawful for anyone to knowingly purchase,

  4  sell, or install on any vehicle any fake airbag or junk-filled

  5  airbag compartment. Any person who violates this subsection

  6  commits a felony of the second degree, punishable as provided

  7  in s. 775.082, s. 775.083, or s. 775.084.

  8         Section 2.  Subsections (1) and (21) of section

  9  316.003, Florida Statutes, are amended, and subsection (82) is

10  added to said section, to read:

11         316.003  Definitions.--The following words and phrases,

12  when used in this chapter, shall have the meanings

13  respectively ascribed to them in this section, except where

14  the context otherwise requires:

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

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

17  ambulances and emergency vehicles of municipal departments,

18  public service corporations operated by private corporations,

19  the Department of Environmental Protection, the Department of

20  Health, and the Department of Transportation as are designated

21  or authorized by their respective department or the chief of

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

23  various counties.

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

25  operated upon rails or guideway, but not including any

26  bicycle, motorized scooter, or moped.

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

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

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

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

31  ground.


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                                     CS/CS/HB 807, First Engrossed



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

  2  Florida Statutes, are amended to read:

  3         316.006  Jurisdiction.--Jurisdiction to control traffic

  4  is vested as follows:

  5         (2)  MUNICIPALITIES.--

  6         (a)  Chartered municipalities shall have original

  7  jurisdiction over all streets and highways located within

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

  9  maintain such traffic control devices which conform to the

10  manual and specifications of the Department of Transportation

11  upon all streets and highways under their original

12  jurisdiction as they shall deem necessary to indicate and to

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

14  or guide traffic.

15         (b)  A municipality may exercise jurisdiction over any

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

17  roads owned or controlled by a special district, located

18  within its boundaries if the municipality and party or parties

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

20  agreement approved by the governing body of the municipality,

21  for municipal traffic control jurisdiction over the road or

22  roads encompassed by such agreement. Pursuant thereto:

23         1.  Provision for reimbursement for actual costs of

24  traffic control and enforcement and for liability insurance

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

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

27  agreement.

28         2.  The exercise of jurisdiction provided for herein

29  shall be in addition to jurisdictional authority presently

30  exercised by municipalities under law, and nothing in this

31  paragraph shall be construed to limit or remove any such


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                                     CS/CS/HB 807, First Engrossed



  1  jurisdictional authority. Such jurisdiction includes

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

  3  or personnel.

  4         3.  Any such agreement may provide for the installation

  5  of multiparty stop signs by the parties controlling the roads

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

  7  parties that the signage will enhance traffic safety.

  8  Multiparty stop signs must conform to the manual and

  9  specifications of the Department of Transportation. However,

10  minimum traffic volumes may not be required for the

11  installation of such signage. Enforcement for the signs shall

12  be as provided in s. 316.123.

13

14  This subsection shall not limit those counties which have the

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

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

17  proper exercise of those powers by the placement and

18  maintenance of traffic control devices which conform to the

19  manual and specifications of the Department of Transportation

20  on streets and highways located within municipal boundaries.

21         (3)  COUNTIES.--

22         (a)  Counties shall have original jurisdiction over all

23  streets and highways located within their boundaries, except

24  all state roads and those streets and highways specified in

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

26  control devices which conform to the manual and specifications

27  of the Department of Transportation upon all streets and

28  highways under their original jurisdiction as they shall deem

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

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

31


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                                     CS/CS/HB 807, First Engrossed



  1         (b)  A county may exercise jurisdiction over any

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

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

  4  the unincorporated area within its boundaries if the county

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

  6  provide, by written agreement approved by the governing body

  7  of the county, for county traffic control jurisdiction over

  8  the road or roads encompassed by such agreement.  Pursuant

  9  thereto:

10         1.  Provision for reimbursement for actual costs of

11  traffic control and enforcement and for liability insurance

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

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

14  agreement.

15         2.  Prior to entering into an agreement which provides

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

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

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

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

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

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

22  in writing by the sheriff.

23         3.  The exercise of jurisdiction provided for herein

24  shall be in addition to jurisdictional authority presently

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

26  shall be construed to limit or remove any such jurisdictional

27  authority.

28         4.  Any such agreement may provide for the installation

29  of multiparty stop signs by the parties controlling the roads

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

31  parties that the signage will enhance traffic safety.


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                                     CS/CS/HB 807, First Engrossed



  1  Multiparty stop signs must conform to the manual and

  2  specifications of the Department of Transportation. However,

  3  minimum traffic volumes may not be required for the

  4  installation of such signage. Enforcement for the signs shall

  5  be as provided in s. 316.123.

  6

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

  8  shall have original jurisdiction to regulate parking, by

  9  resolution of the board of county commissioners and the

10  erection of signs conforming to the manual and specifications

11  of the Department of Transportation, in parking areas located

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

13  areas are located within the boundaries of chartered

14  municipalities.

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

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

17         316.1951  Parking for certain purposes prohibited.--

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

19  license inspector, or supervisor of the department, as

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

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

22  public parking lot, other public property, or private

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

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

25  written notice issued pursuant to this section shall be

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

27  enforcement officer, compliance examiner, or license

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

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

30  violation and written notice shall be subject to immediate

31  removal without an additional waiting period.


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                                     CS/CS/HB 807, First Engrossed



  1         Section 5.  Subsection (2) of section 316.1975, Florida

  2  Statutes, is amended to read:

  3         316.1975  Unattended motor vehicle.--

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

  5         (a)  An authorized emergency vehicle while in the

  6  performance of official duties and the vehicle is equipped

  7  with an activated antitheft device that prohibits the vehicle

  8  from being driven; or

  9         (b)  A licensed delivery truck or other delivery

10  vehicle while making deliveries; or.

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

12  collecting such items.

13         Section 6.  Section 316.2065, Florida Statutes, is

14  amended to read:

15         316.2065  Bicycle and motorized scooter regulations.--

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

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

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

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

20  special regulations in this chapter, and except as to

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

22  application.

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

24  than upon or astride a permanent and regular seat attached

25  thereto.

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

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

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

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

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

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


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                                     CS/CS/HB 807, First Engrossed



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

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

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

  4  bicycle.

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

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

  7  is not in immediate control of the bicycle.

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

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

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

11  that meets the standards of the American National Standards

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

13  standards of the Snell Memorial Foundation (1984 Standard for

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

15  nationally recognized standards for bicycle helmets adopted by

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

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

18  semitrailer attached to a bicycle.

19         (e)  Law enforcement officers and school crossing

20  guards may issue a bicycle safety brochure and a verbal

21  warning to a bicycle rider or passenger who violates this

22  subsection. A bicycle rider or passenger who violates this

23  subsection may be issued a citation by a law enforcement

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

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

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

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

28  complies with this subsection.

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

30  carry passengers.

31


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                                     CS/CS/HB 807, First Engrossed



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

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

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

  4  subsection does not prohibit attaching a bicycle trailer or

  5  bicycle semitrailer to a bicycle if that trailer or

  6  semitrailer is commercially available and has been designed

  7  for such attachment.

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

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

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

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

12  except under any of the following situations:

13         1.  When overtaking and passing another bicycle,

14  motorized scooter, or vehicle proceeding in the same

15  direction.

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

17  or into a private road or driveway.

18         3.  When reasonably necessary to avoid any condition,

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

20  parked or moving vehicle, bicycle, motorized scooter,

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

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

23  edge.  For the purposes of this subsection, a

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

25  bicycle or motorized scooter and another vehicle to travel

26  safely side by side within the lane.

27         (b)  Any person operating a bicycle or motorized

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

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

30  roadway as practicable.

31


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                                     CS/CS/HB 807, First Engrossed



  1         (6)  Persons riding bicycles or motorized scooters upon

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

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

  4  bicycles.  Persons riding two abreast may not impede traffic

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

  6  time and place and under the conditions then existing and

  7  shall ride within a single lane.

  8         (7)  Any person operating a bicycle or motorized

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

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

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

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

13  500 feet to the front and a lamp and reflector on the rear

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

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

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

17  required by this section.

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

19  any minor ward may authorize or knowingly permit any such

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

21  section.

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

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

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

25  rights and duties applicable to a pedestrian under the same

26  circumstances.

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

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

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

30  an audible signal before overtaking and passing such

31  pedestrian.


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  upon any roadway except while crossing a street on a

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

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

  6  applicable to pedestrians.

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

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

  9  designated by state, county, or municipal authority.

10         (14)  Every bicycle and motorized scooter shall be

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

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

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

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

15  bicycles or motorized scooters at retail shall not sell such

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

17  identifying number permanently stamped or cast on its frame.

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

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

20  years unless:

21         1.  The child possesses a bicycle helmet; or

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

23  to wear.

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

25  violation, punishable as provided in s. 318.18.

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

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

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

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

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

31


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                                     CS/CS/HB 807, First Engrossed



  1  performance of a specified number of hours of community

  2  service or attendance at a safety seminar.

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

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

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

  6  Trust Fund.

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

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

  9  riding a bicycle without a bicycle helmet may not be

10  considered evidence of negligence or contributory negligence.

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

12  violation of this section is a noncriminal traffic infraction,

13  punishable as a pedestrian violation as provided in chapter

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

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

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

17  334.03. However, they may not issue citations to persons on

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

19  use of the public for purposes of vehicular traffic.

20         Section 7.  Subsection (2) of section 316.228, Florida

21  Statutes, is amended to read:

22         316.228  Lamps or flags on projecting load.--

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

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

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

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

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

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

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

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

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


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                                     CS/CS/HB 807, First Engrossed



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

  2  projecting load, multiple strobe lights shall be utilized so

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

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

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

  6  500 feet to the rear and sides of the projecting load at any

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

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

  9  highway or parked on the shoulder or immediately adjacent to

10  the traveled portion of any public roadway. The projecting

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

12  subsection (1).

13         Section 8.  Subsection (9) of section 316.2397, Florida

14  Statutes, is amended to read:

15         316.2397  Certain lights prohibited; exceptions.--

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

17  response vehicles of the Department of Environmental

18  Protection and the Department of Health when responding to an

19  emergency in the line of duty.

20         Section 9.  Section 316.520, Florida Statutes, is

21  amended to read:

22         316.520  Loads on vehicles.--

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

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

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

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

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

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

29  or maintaining the roadway.

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

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


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                                     CS/CS/HB 807, First Engrossed



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

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

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

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

  5  escaping from such vehicle. Covering and securing the load

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

  7  required.

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

  9  traffic infraction, punishable as a moving nonmoving violation

10  as provided in chapter 318.

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

12  agricultural products locally from a field harvest site to a

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

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

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

16         Section 10.  Subsections (1), (2), and (3) of section

17  316.640, Florida Statutes, are amended to read:

18         316.640  Enforcement.--The enforcement of the traffic

19  laws of this state is vested as follows:

20         (1)  STATE.--

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

22  Department of Highway Safety and Motor Vehicles, the Division

23  of Law Enforcement of the Fish and Wildlife Conservation

24  Commission, the Division of Law Enforcement of the Department

25  of Environmental Protection, and law enforcement officers of

26  the Department of Transportation each have authority to

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

28  streets and highways thereof and elsewhere throughout the

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

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

31  as a traffic accident investigation officer any individual who


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                                     CS/CS/HB 807, First Engrossed



  1  successfully completes at least 200 hours of instruction in

  2  traffic accident investigation and court presentation through

  3  the Selective Traffic Enforcement Program as approved by the

  4  Criminal Justice Standards and Training Commission and funded

  5  through the National Highway Traffic Safety Administration or

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

  7  necessarily meet the uniform minimum standards established by

  8  the commission for law enforcement officers or auxiliary law

  9  enforcement officers under chapter 943. Any such traffic

10  accident investigation officer who makes an investigation at

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

12  based upon personal investigation, when he or she has

13  reasonable and probable grounds to believe that a person who

14  was involved in the accident committed an offense under this

15  chapter, chapter 319, chapter 320, or chapter 322 in

16  connection with the accident. This paragraph does not permit

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

18  officers have arrest authority other than for the issuance of

19  a traffic citation as authorized in this paragraph.

20         b.  University police officers shall have authority to

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

22  violations occur on or about any property or facilities that

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

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

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

26         c.  Community college police officers shall have the

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

28  when such violations occur on any property or facilities that

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

30  the community college system.

31


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                                     CS/CS/HB 807, First Engrossed



  1         d.  Police officers employed by an airport authority

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

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

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

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

  6  enforcement specialist any individual who successfully

  7  completes a training program established and approved by the

  8  Criminal Justice Standards and Training Commission for parking

  9  enforcement specialists but who does not otherwise meet the

10  uniform minimum standards established by the commission for

11  law enforcement officers or auxiliary or part-time officers

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

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

14  nor shall such parking enforcement specialist have arrest

15  authority.

16         (II)  A parking enforcement specialist employed by an

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

18  and municipal laws and ordinances governing parking only when

19  such violations are on property or facilities owned or

20  operated by the airport authority employing the specialist, by

21  appropriate state, county, or municipal traffic citation.

22         e.  The Office of Agricultural Law Enforcement of the

23  Department of Agriculture and Consumer Services shall have the

24  authority to enforce traffic laws of this state only as

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

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

27  Agricultural Law Enforcement at its agricultural inspection

28  stations to issue any traffic tickets except those traffic

29  tickets for vehicles illegally passing the inspection station.

30         f.  School safety officers shall have the authority to

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


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                                     CS/CS/HB 807, First Engrossed



  1  violations occur on or about any property or facilities which

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

  3  the district school board.

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

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

  6  violation of this subparagraph is not subject to the penalties

  7  provided in chapter 318.

  8         3.  Any disciplinary action taken or performance

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

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

11  enforcement activity must be in accordance with written

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

13  the agency and any collective bargaining unit representing

14  such law enforcement officer. A violation of this subparagraph

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

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

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

18  laws applicable within its authority.

19         2.a.  The Department of Transportation shall develop

20  training and qualifications standards for toll enforcement

21  officers whose sole authority is to enforce the payment of

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

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

24  weapons, nor shall a toll enforcement officer have arrest

25  authority.

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

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

28  operate a toll facility may employ independent contractors or

29  designate employees as toll enforcement officers; however, any

30  such toll enforcement officer must successfully meet the

31


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                                     CS/CS/HB 807, First Engrossed



  1  training and qualifications standards for toll enforcement

  2  officers established by the Department of Transportation.

  3         (2)  COUNTIES.--

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

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

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

  7  elsewhere throughout the county wherever the public has the

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

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

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

11  roads over which the county has jurisdiction pursuant to a

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

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

14  a traffic crash investigation officer any individual who

15  successfully completes at least 200 hours of instruction in

16  traffic crash investigation and court presentation through the

17  Selective Traffic Enforcement Program (STEP) as approved by

18  the Criminal Justice Standards and Training Commission and

19  funded through the National Highway Traffic Safety

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

21  commission, but who does not necessarily otherwise meet the

22  uniform minimum standards established by the commission for

23  law enforcement officers or auxiliary law enforcement officers

24  under chapter 943. Any such traffic crash investigation

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

26  crash may issue traffic citations when, based upon personal

27  investigation, he or she has reasonable and probable grounds

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

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

30  320, or chapter 322 in connection with the crash accident.

31  This paragraph does not permit the carrying of firearms or


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                                     CS/CS/HB 807, First Engrossed



  1  other weapons, nor do such officers have arrest authority

  2  other than for the issuance of a traffic citation as

  3  authorized in this paragraph.

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

  5  counties of this state may employ as a parking enforcement

  6  specialist any individual who successfully completes a

  7  training program established and approved by the Criminal

  8  Justice Standards and Training Commission for parking

  9  enforcement specialists, but who does not necessarily

10  otherwise meet the uniform minimum standards established by

11  the commission for law enforcement officers or auxiliary or

12  part-time officers under s. 943.12.

13         1.  A parking enforcement specialist employed by the

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

15  is authorized to enforce all state and county laws,

16  ordinances, regulations, and official signs governing parking

17  within the unincorporated areas of the county by appropriate

18  state or county citation and may issue such citations for

19  parking in violation of signs erected pursuant to s.

20  316.006(3) at parking areas located on property owned or

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

22  boundaries of a chartered municipality.

23         2.  A parking enforcement specialist employed pursuant

24  to this subsection shall not carry firearms or other weapons

25  or have arrest authority.

26         (3)  MUNICIPALITIES.--

27         (a)  The police department of each chartered

28  municipality shall enforce the traffic laws of this state on

29  all the streets and highways thereof and elsewhere throughout

30  the municipality wherever the public has the right to travel

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


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  which the municipality has jurisdiction pursuant to a written

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

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

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

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

  8         (b)  The police department of a chartered municipality

  9  may employ as a traffic crash investigation officer any

10  individual who successfully completes at least 200 hours of

11  instruction in traffic crash investigation and court

12  presentation through the Selective Traffic Enforcement Program

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

14  Training Commission and funded through the National Highway

15  Traffic Safety Administration (NHTSA) or a similar program

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

17  the uniform minimum standards established by the commission

18  for law enforcement officers or auxiliary law enforcement

19  officers under chapter 943. Any such traffic crash

20  investigation officer who makes an investigation at the scene

21  of a traffic crash is authorized to issue traffic citations

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

23  reasonable and probable grounds to believe that a person

24  involved in the crash has committed an offense under the

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

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

27  paragraph does not shall be construed to permit the carrying

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

29  arrest authority other than for the issuance of a traffic

30  citation as authorized above.

31


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                                     CS/CS/HB 807, First Engrossed



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

  2  agency or instrumentality may employ as a parking enforcement

  3  specialist any individual who successfully completes a

  4  training program established and approved by the Criminal

  5  Justice Standards and Training Commission for parking

  6  enforcement specialists, but who does not otherwise meet the

  7  uniform minimum standards established by the commission for

  8  law enforcement officers or auxiliary or part-time officers

  9  under s. 943.12.

10         2.  A parking enforcement specialist employed by a

11  chartered municipality or its authorized agency or

12  instrumentality is authorized to enforce all state, county,

13  and municipal laws and ordinances governing parking within the

14  boundaries of the municipality employing the specialist, by

15  appropriate state, county, or municipal traffic citation.

16  Nothing in this paragraph shall be construed to permit the

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

18  parking enforcement specialist have arrest authority.

19         3.  A parking enforcement specialist employed pursuant

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

21  have arrest authority.

22         Section 11.  Subsection (3) of section 316.650, Florida

23  Statutes, is amended to read:

24         316.650  Traffic citations.--

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

26  traffic citation to an alleged violator of any provision of

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

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

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

30  enforcement agency which has an automated citation issuance

31  system, shall provide an electronic facsimile with a court


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                                     CS/CS/HB 807, First Engrossed



  1  having jurisdiction over the alleged offense or with its

  2  traffic violations bureau within 5 days after issuance to the

  3  violator. If a law enforcement officer distributes additional

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

  5  school reference guide.

  6         Section 12.  Subsection (9) of section 318.14, Florida

  7  Statutes, is amended to read:

  8         318.14  Noncriminal traffic infractions; exception;

  9  procedures.--

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

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

12  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

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

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

15  driver improvement course approved by the Department of

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

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

18  322.27, may not be assessed; and the civil penalty that is

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

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

21  subsection if the person has made an election under this

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

23  more than five elections under this subsection. The

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

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

26  adjudication of guilt by a court.

27         Section 13.  Subsection (4) of section 318.1451,

28  Florida Statutes, is amended to read:

29         318.1451  Driver improvement schools.--

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

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


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  322.0261, 322.2615, 322.05(2), 322.291, and 627.06501, which

  4  shall be remitted to the Department of Highway Safety and

  5  Motor Vehicles and deposited in the Highway Safety Operating

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

  7  operations of the department.

  8         Section 14.  Paragraph (b) of subsection (1) and

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

10  amended to read:

11         322.0261  Mandatory driver improvement course; certain

12  crashes.--

13         (1)  The department shall screen crash reports received

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

15  the following:

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

17  previous 2-year period involving property damage in an

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

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

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

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

22  shall require that the operator, in addition to other

23  applicable penalties, attend a departmentally approved basic

24  driver improvement course in order to maintain driving

25  privileges. If the operator fails to complete the course

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

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

28  department until the course is successfully completed.

29         Section 15.  Section 322.02615, Florida Statutes, is

30  created to read:

31


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                                     CS/CS/HB 807, First Engrossed



  1         322.02615  Mandatory driver improvement course; certain

  2  violations.--

  3         (1)  The department shall screen reports of convictions

  4  for violations of chapter 316 to identify operators who:

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

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

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

  8  nolo contendere to, another noncriminal moving infraction

  9  since initial license issuance.

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

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

12  period.

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

14  has pleaded nolo contendere to, a noncriminal traffic offense

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

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

17  attend a departmentally approved basic driver improvement

18  course in order to maintain driving privileges. If the

19  operator fails to complete the course within 90 days after

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

21  license shall be suspended by the department until the course

22  is successfully completed.

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

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

25  shall satisfy the requirements of this section. However,

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

27  included in the limitation on course elections under s.

28  318.14(9).

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

30  Florida Statutes, is amended to read:

31         318.1451  Driver improvement schools.--


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                                     CS/CS/HB 807, First Engrossed



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

  2  issue, or maintain any information or orders regarding driver

  3  improvement schools or course providers, with the exception of

  4  the traffic school reference guide or course provider list

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

  6  to the local telephone directory heading of driving

  7  instruction or the traffic school reference guide. However,

  8  the department is authorized to maintain the information and

  9  records necessary to administer its duties and

10  responsibilities for driver improvement courses. Where such

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

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

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

14  information about traffic schools from geographic areas that

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

16  course provider that they believe services such geographic

17  area.

18         (b)  The department shall prepare for any governmental

19  entity or court to distribute a traffic school reference guide

20  which shall list the benefits of attending a driver

21  improvement school and contain the names of the fully approved

22  course providers with a single telephone number for each such

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

24  the traffic school reference guide must be assumed equally by

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

26  Clerks of court may reproduce the traffic school reference

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

28  on each reproduction so that each provider occupies each

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

30  circumstance may any list of course providers or schools be

31


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                                     CS/CS/HB 807, First Engrossed



  1  included, and shall refer further inquiries to the telephone

  2  directory under driving instruction.

  3         Section 17.  Section 319.001, Florida Statutes, is

  4  amended to read:

  5         319.001  Definitions.--As used in this chapter, the

  6  term:

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

  8  Safety and Motor Vehicles.

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

10  and bumper.

11         (3)(2)  "Licensed dealer," unless otherwise

12  specifically provided, means a motor vehicle dealer licensed

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

14  320.77, or a recreational vehicle dealer licensed under s.

15  320.771.

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

17  and gas tanks.

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

19  engine case, and crank case.

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

21         (7)(3)  "New mobile home" means a mobile home 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.

25         (8)(4)  "New motor vehicle" means a motor vehicle the

26  equitable or legal title to which has never been transferred

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

28  ultimate purchaser; however, when legal title is not

29  transferred but possession of a motor vehicle is transferred

30  pursuant to a conditional sales contract or lease and the

31  conditions are not satisfied and the vehicle is returned to


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  selling motor vehicle dealer gives the following written

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

  5  PREVIOUS PURCHASER." The purchaser shall sign an

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

  7  dealer's file.

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

  9  decklid, bumper, and floor pan.

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

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

12         (11)(6)  "Used motor vehicle" means any motor vehicle

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

14  (8)(4).

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

16  319.14, Florida Statutes, are amended, subsections (6), (7),

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

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

19  section, to read:

20         319.14  Sale of motor vehicles registered or used as

21  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

22  and nonconforming vehicles.--

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

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

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

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

27  manufacturer pursuant to a settlement, determination, or

28  decision under chapter 681, until the department has stamped

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

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

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


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                                     CS/CS/HB 807, First Engrossed



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

  2  nonconforming vehicle. If the certificate of title or

  3  duplicate was not so stamped upon initial issuance thereof or

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

  5  the vehicle is changed to a use requiring the notation

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

  7  vehicle shall surrender the certificate of title or duplicate

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

  9  the department shall stamp the certificate or duplicate as

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

11  manufacturer pursuant to a settlement, determination, or

12  decision under chapter 681, the title shall be stamped

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

14  nonconforming vehicle.

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

16  exchange a rebuilt vehicle until the department has stamped in

17  a conspicuous place on the certificate of title for the

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

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

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

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

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

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

24  in accordance with this chapter and the department or its

25  agent has conducted the physical examination of the vehicle to

26  assure the identity of the vehicle and all major component

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

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

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

30  showing the vehicle to be rebuilt.

31         (c)  As used in this section:


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  law enforcement.

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

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

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

  7  months.

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

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

10  person for a period of 12 months or longer.

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

12  vehicles and long-term-lease vehicles.

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

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

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

16  mobile home assembled from parts or combined from parts of

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

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

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

20  loss pursuant to s. 319.30.

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

22  vehicles neither of which has been titled and branded as

23  "Salvage Unrebuildable."

24         5.6.  "Kit car" means a motor vehicle assembled with a

25  kit supplied by a manufacturer to rebuild a wrecked or

26  outdated motor vehicle with a new body kit.

27         6.7.  "Glider kit" means a vehicle assembled with a kit

28  supplied by a manufacturer to rebuild a wrecked or outdated

29  truck or truck tractor.

30         7.8.  "Replica" means a complete new motor vehicle

31  manufactured to look like an old vehicle.


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                                     CS/CS/HB 807, First Engrossed



  1         8.9.  "Flood vehicle" means a motor vehicle or mobile

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

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

  4         9.10.  "Nonconforming vehicle" means a motor vehicle

  5  which has been purchased by a manufacturer pursuant to a

  6  settlement, determination, or decision under chapter 681.

  7         10.11.  "Settlement" means an agreement entered into

  8  between a manufacturer and a consumer that occurs after a

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

10  settlement procedure established by a manufacturer or is

11  approved for arbitration before the New Motor Vehicle

12  Arbitration Board as defined in s. 681.102.

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

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

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

16  disclosing in writing to the purchaser, customer, or

17  transferee the fact that the vehicle has previously been

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

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

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

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

22  as the case may be.

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

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

25  or intentionally advertises, publishes, disseminates,

26  circulates, or places before the public in any communications

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

28  exchange the vehicle shall clearly and precisely state in each

29  such offer that the vehicle has previously been titled,

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

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


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                                     CS/CS/HB 807, First Engrossed



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

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

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

  4  person who violates this subsection is guilty of a misdemeanor

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

  6  s. 775.083.

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

  8  rebuilt vehicle or who knowingly possesses a rebuilt vehicle

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

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

11  775.082, s. 775.083, or s. 775.084.

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

13  the "Beverly Gagliardi Act."

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

15  Statutes, is amended to read:

16         319.22  Transfer of title.--

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

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

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

20  not acquire marketable title to the motor vehicle or mobile

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

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

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

24  against a person having possession of such certificate of

25  title or an assignment of such certificate for such motor

26  vehicle or mobile home for a valuable consideration.  Except

27  as otherwise provided herein, no court shall recognize the

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

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

30  encumbered, unless evidenced by a certificate of title duly

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


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                                     CS/CS/HB 807, First Engrossed



  1  this chapter. Any action challenging the validity of a

  2  certificate of title issued under this chapter to a

  3  titleholder who obtained the title certificate as a good faith

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

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

  6  shall be barred, provided such limitation shall not be

  7  interpreted to bar an action brought by any creditor seeking

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

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

10  of the titleholder evidenced in writing.

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

12  319.23, Florida Statutes, to read:

13         319.23  Application for, and issuance of, certificate

14  of title.--

15         (11)  An application for certificate of title based

16  upon a title certificate issued by another state or country

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

18  filing of the application, unless upon reliable documentary

19  evidence provided with the application:

20         (a)  the application is for a title to be issued to the

21  person to whom the non-Florida title was issued,

22         (b)  the application is for a title to be issued on a

23  repossessed motor vehicle to a financial institution or other

24  lender holding a lien on the vehicle that is reflected on the

25  title certificate or recorded according to provisions in the

26  Uniform Commercial Code or other law of the jurisdiction in

27  which the lien is recorded or the lender's interest is

28  registered for more than thirty days in accordance with s.

29  319.27, or

30         (c)  the application is for a title to be issued on a

31  motor vehicle to an entity that has consigned the vehicle to


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                                     CS/CS/HB 807, First Engrossed



  1  be offered for sale at a motor vehicle auction licensed

  2  pursuant to s. 320.27(1)(c)4.

  3

  4  Identity documents sufficient to obtain a Florida motor

  5  vehicle operator's license, certified copies of recorded

  6  documents or certified evidence of registration of an

  7  interest, or an affidavit with documentation attached

  8  evidencing consignment and any other documents required by the

  9  department shall constitute reliable documentary evidence for

10  purposes of this subsection.

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

12  Statutes, is amended to read:

13         319.27  Notice of lien on motor vehicles or mobile

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

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

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

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

18  retain title contract, conditional bill of sale, chattel

19  mortgage, or other similar instrument or any ownership

20  interest covering a motor vehicle or mobile home previously

21  titled or registered outside this state upon which no Florida

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

23  the department for the recording of such lien or ownership

24  interest as constructive notice of such lien or ownership

25  interest to creditors and purchasers of such motor vehicle or

26  mobile home in this state provided such lienholder or claimant

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

28  department, showing the following information:

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

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

31


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                                     CS/CS/HB 807, First Engrossed



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

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

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

  4  asserting the ownership interest.

  5

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

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

  8  ownership interest shall be recorded in the department and

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

10  filing.

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

12  department which is different from that shown on an

13  application for certificate of title, a certificate of title

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

15  the ownership interest has been notified of the conflict by

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

17  files with the department a written statement under oath that

18  the ownership interest on that particular vehicle is still

19  outstanding, the department shall not issue the certificate

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

21  claimant may file an action to enforce the ownership interest

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

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

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

25  certificate to anyone until after such conflict has been

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

27  period, the claimant fails to file such written statement

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

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

30  court of competent jurisdiction to enforce the ownership

31  interest, the ownership interest shall be removed from the


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                                     CS/CS/HB 807, First Engrossed



  1  records of the department and shall thereafter be

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

  3  accordance with the pending application, subject to, and

  4  reflecting on such certificate of title, all liens of

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

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

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

  8  registered outside this state, the department shall note on

  9  the Florida certificate of title the following liens:

10         1.  Any lien shown on the application for Florida

11  certificate of title;

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

13  paragraph (a); and

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

15  issued by another state.

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

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

18  registered outside this state, liens valid in and registered

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

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

21  certificate of title under the provisions of this section.

22         Section 23.  Section 319.275, Florida Statutes, is

23  created to read:

24         319.275  Interpleader actions for law enforcement

25  alleging possession of stolen motor vehicle by good faith

26  purchaser.--

27         (1)  Whenever a law enforcement officer has probable

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

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

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

31  officer has reason to believe that the resident in possession


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  may not take physical possession of the motor vehicle until

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

  5  competing claimants agree to another resolution or unless the

  6  motor vehicle is stored by the officer within the county of

  7  residence of the Florida title holder or of the resident in

  8  possession, or in the county in which the vehicle is seized,

  9  pending judicial determination of ownership or an agreed

10  resolution.  The officer may, in lieu of seizing the motor

11  vehicle, assert constructive possession by bringing an action

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

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

14  following facts, as are known to the officer:

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

16  specificity.

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

18  possession of the motor vehicle.

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

20  claims authority to take possession of the motor vehicle.

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

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

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

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

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

26  title.

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

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

29  such vehicle.

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

31  the motor vehicle to be stolen.


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  this section shall be attached to the petition.

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

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

  6  possession of the motor vehicle. The written notice shall

  7  inform the person that the officer claims authority to take

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

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

10  the person first surrenders possession voluntarily to the

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

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

13  a business agent of the law enforcement agency through whom

14  additional information about the filing of the action may be

15  later obtained.

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

17  as may be provided by law and court rule.

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

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

20  deliver a certified copy of the petition to the appropriate

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

22  vehicle.

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

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

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

26  judgment adjudicating title is entered in the interpleader

27  action.

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

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

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

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


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  30 days after service of process in the action upon a

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

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

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

  7  vehicle shall be adjudged the rightful owner of the motor

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

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

10  serve to extend any time to answer provided under an

11  applicable rule of civil procedure.

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

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

14  ownership of the motor vehicle or intervenes in the action

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

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

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

18  shall be assessed to any party in such action.

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

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

21  the motor vehicle pursuant to law.

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

23  Statutes, is amended to read:

24         319.32  Fees; service charges; disposition.--

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

26  original certificate of title except for a certificate of

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

28  320.08(6), for which the title fee shall be $3, $24 for each

29  duplicate copy of a certificate of title except for a

30  certificate of title for a motor vehicle for hire registered

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


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  for noting a lien on a title certificate or otherwise

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

  5  which fee shall include the services for the subsequent

  6  issuance of a corrected certificate or cancellation of lien

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

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

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

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

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

12  for the issuance of an original or duplicate certificate of

13  title to cover the cost of materials used for security

14  purposes.

15         Section 25.  Section 319.323, Florida Statutes, is

16  amended to read:

17         319.323  Expedited service; applications; fees.--The

18  department shall establish a separate title office which may

19  be utilized by private citizens and licensed motor vehicle

20  dealers to receive expedited service on title transfers, title

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

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

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

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

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

26  applied for pursuant to this section within 5 working days

27  after receipt of the application except for an application for

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

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

30  after compliance with the department's verification

31  requirements. This section shall not apply to an application


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                                     CS/CS/HB 807, First Engrossed



  1  based upon a title certificate issued by another state or

  2  country unless, upon reliable documentary evidence provided

  3  with the application:

  4         (a)  the application is for a title to be issued to the

  5  person to whom the non-Florida title was issued,

  6         (b)  the application is for a title to be issued on a

  7  repossessed motor vehicle to a financial institution or other

  8  lender holding a lien on the vehicle that is reflected on the

  9  title certificate or recorded according to provisions in the

10  Uniform Commercial Code or other law of the jurisdiction in

11  which the lien is recorded or the lender's interest is

12  registered for more than thirty days in accordance with s.

13  319.27, or

14         (c)  the application is for a title to be issued on a

15  motor vehicle to an entity that has consigned the vehicle to

16  be offered for sale at a motor vehicle auction licensed

17  pursuant to s. 320.27(1)(c)4.

18

19  Identity documents sufficient to obtain a Florida motor

20  vehicle operator's license, certified copies of recorded

21  documents or certified evidence of registration of an

22  interest, or an affidavit with documentation attached

23  evidencing consignment and any other documents required by the

24  department shall constitute reliable documentary evidence for

25  purposes of this section.

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

27  319.23, Florida Statutes, is amended to read:

28         319.23  Application for, and issuance of, certificate

29  of title.--

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

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


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                                     CS/CS/HB 807, First Engrossed



  1  application, unless otherwise provided for in this chapter,

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

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

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

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

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

  7  state.  The application shall also be accompanied by:

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

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

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

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

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

13  complete vehicle description to include the vehicle

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

15  price, and signatures of the seller and purchaser.

16

17  Verification of the vehicle identification number is not

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

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

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

21  or fifth-wheel recreation trailer.

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

23  319.28, Florida Statutes, is amended to read:

24         319.28  Transfer of ownership by operation of law.--

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

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

27  inheritance, devise or bequest, order in bankruptcy,

28  insolvency, replevin, attachment, execution or other judicial

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

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

31  storage or repair charges or repossession is had upon default


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  like agreement, and upon the surrender of the prior

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

  5  presentation of satisfactory proof to the department of

  6  ownership and right of possession to such motor vehicle or

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

  8  presentation of an application for certificate of title, the

  9  department may issue to the applicant a certificate of title

10  thereto.  If the application is predicated upon a security

11  agreement, chattel mortgage, conditional sales contract, trust

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

13  certified copy thereof shall accompany the application;

14  however, if an owner under a chattel mortgage voluntarily

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

16  original or a certified copy of the chattel mortgage shall

17  accompany the application for a certificate of title and it

18  shall not be necessary to institute proceedings in any court

19  to foreclose such mortgage.

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

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

22  Statutes, are amended to read:

23         319.30  Definitions; dismantling, destruction, change

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

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

26         (e)  "Major component parts" means:

27         1.  For motor vehicles other than motorcycles:  the

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

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

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

31  transmission, and airbag.


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                                     CS/CS/HB 807, First Engrossed



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

  2  bed.

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

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

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

  6  wheels.

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

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

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

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

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

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

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

14  pan).

15         (3)

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

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

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

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

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

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

22  home shall obtain the certificate of title for the motor

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

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

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

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

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

28  certificate of title or certificate of destruction from the

29  department. When applying for a salvage certificate of title

30  or certificate of destruction, the owner or insurance company

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


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                                     CS/CS/HB 807, First Engrossed



  1  repairing the physical and mechanical damage suffered by the

  2  vehicle for which a salvage certificate of title or

  3  certificate of destruction is sought. If the estimated costs

  4  of repairing the physical and mechanical damage to the vehicle

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

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

  7  mobile home guide, the department shall declare the vehicle

  8  unrebuildable and print a certificate of destruction, which

  9  authorizes the dismantling or destruction of the motor vehicle

10  or mobile home described therein. This certificate of

11  destruction shall be reassignable a maximum of two times

12  before dismantling or destruction of the vehicle shall be

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

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

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

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

17  certificate of title for that vehicle. Nothing in this

18  subsection shall be applicable when a vehicle is worth less

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

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

21  paying a total loss claim may obtain a certificate of

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

23  or mobile home is recovered in substantially intact condition

24  and is readily resalable without extensive repairs to or

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

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

27  sold or transferred. Any person who willfully and deliberately

28  violates this paragraph or falsifies any document to avoid the

29  requirements of this paragraph commits a misdemeanor of the

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

31  775.083.


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                                     CS/CS/HB 807, First Engrossed



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

  2  Statutes, is amended to read:

  3         320.01  Definitions, general.--As used in the Florida

  4  Statutes, except as otherwise provided, the term:

  5         (1)  "Motor vehicle" means:

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

  7  semitrailer, truck tractor and semitrailer combination, or any

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

  9  transport persons or property, and propelled by power other

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

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

12  bicycles, motorized scooters, or mopeds.

13         (b)  A recreational vehicle-type unit primarily

14  designed as temporary living quarters for recreational,

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

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

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

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

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

20  defined below, the basic entities are:

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

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

23  require special highway movement permits when drawn by a

24  motorized vehicle. It is primarily designed and constructed to

25  provide temporary living quarters for recreational, camping,

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

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

28  factory-equipped for the road.

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

30  portable unit mounted on wheels and constructed with

31  collapsible partial sidewalls which fold for towing by another


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                                     CS/CS/HB 807, First Engrossed



  1  vehicle and unfold at the campsite to provide temporary living

  2  quarters for recreational, camping, or travel use.

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

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

  5  bed or chassis of the truck and constructed to provide

  6  temporary living quarters for recreational, camping, or travel

  7  use.

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

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

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

11  motor vehicle, and is primarily designed to provide temporary

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

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

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

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

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

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

18  temporary living quarters for recreational, camping, or travel

19  use.

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

21  which does not exceed the length and width limitations

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

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

24  travel use.

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

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

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

28  or temporary living quarters when connected to utilities

29  necessary for operation of installed fixtures and appliances.

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

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


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  standards, and 500 square feet when constructed to United

  4  States Department of Housing and Urban Development Standards.

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

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

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

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

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

10  unit mounted on wheels, designed to provide temporary living

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

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

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

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

15  vehicle that contains a towing mechanism that is mounted above

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

17         Section 30.  Subsections (18) and (19) are added to

18  section 320.02, Florida Statutes, to read:

19         320.02  Registration required; application for

20  registration; forms.--

21         (18)  The application form for motor vehicle

22  registration and renewal of registration must include language

23  permitting a voluntary contribution of $2 per applicant, which

24  shall be distributed to the Hearing Research Institute,

25  Incorporated, for the purpose of infant hearing screening in

26  Florida.

27         (19)  The application form for motor vehicle

28  registration and renewal of registration must include language

29  permitting a voluntary contribution of $1 per applicant, which

30  shall be distributed to the Juvenile Diabetes Foundation

31  International.


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                                     CS/CS/HB 807, First Engrossed



  1         Section 31.  Paragraph (b) of subsection (4) and

  2  subsections (5), (6), and (7) of section 320.023, Florida

  3  Statutes, are amended, and subsection (8) is added to said

  4  section, to read:

  5         320.023  Requests to establish voluntary checkoff on

  6  motor vehicle registration application.--

  7         (4)

  8         (b)  The department is authorized to discontinue the

  9  voluntary contribution and distribution of associated proceeds

10  if the organization no longer exists, if the organization has

11  stopped providing services that are authorized to be funded

12  from the voluntary contributions, or pursuant to an

13  organizational recipient's request. Organizations are required

14  to notify the department immediately to stop warrants for

15  voluntary check-off contributions if any of the conditions in

16  this subsection exist, and must meet the requirements of

17  paragraph (5)(b) or paragraph (5)(c), if applicable, for any

18  period of operation during the fiscal year.

19         (5)  A voluntary contribution collected and distributed

20  under this chapter, or any interest earned from those

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

22  activities nor for general or administrative expenses, except

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

24  report required by law.

25         (a)  All organizations that receive annual use fee

26  proceeds from the department are responsible for ensuring that

27  proceeds are used in accordance with law.

28         (b)  All organizational recipients of any voluntary

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

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

31  submit an annual audit of the expenditures of these


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                                     CS/CS/HB 807, First Engrossed



  1  contributions and interest earned from these contributions, to

  2  determine if expenditures are being made in accordance with

  3  the specifications outlined by law. The audit shall be

  4  prepared by a certified public accountant licensed under

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

  6  notes to the financial statements should state whether

  7  expenditures were made in accordance with law.

  8         (b)(c)  Any organization not subject to In lieu of an

  9  annual audit pursuant to s. 215.97 shall,any organization

10  receiving less than $15,000 in voluntary contributions

11  directly from the department may annually attest report, under

12  penalties of perjury, that such proceeds were used in

13  compliance with law. The attestation shall be made annually in

14  a form and format determined by the department.

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

16  shall only be distributed to an organization under an

17  appropriation by the Legislature.

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

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

20  rules promulgated by the Auditor General. The annual

21  attestation audit or report shall be submitted to the

22  department for review within 9 months 180 days after the end

23  of the organization's fiscal year.

24         (6)  Within 90 days after receiving an organization's

25  audit or attestation report, the department shall determine

26  which recipients have not complied with subsection (5).  If

27  the department determines that an organization has not

28  complied  or has failed to use the revenues in accordance with

29  law, the department must discontinue the distribution of the

30  revenues to the organization until the department determines

31  that the organization has complied. If an organization fails


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                                     CS/CS/HB 807, First Engrossed



  1  to comply within 12 months after the voluntary contributions

  2  are withheld by the department, the proceeds shall be

  3  deposited into the Highway Safety Operating Trust Fund to

  4  offset department costs.

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

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

  7  funds from the voluntary contributions authorized.

  8         (8)  All organizations seeking to establish a voluntary

  9  contribution on a motor vehicle registration application that

10  are required to operate under the Solicitation of

11  Contributions Act, as provided in chapter 496, must do so

12  before funds may be distributed.

13         Section 32.  Subsections (1) and (2) of section

14  320.025, Florida Statutes, are amended to read:

15         320.025  Registration certificate and license plate

16  issued under fictitious name; application.--

17         (1)  A confidential registration certificate and

18  registration license plate or decal shall be issued under a

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

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

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

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

23  office. The requesting agency shall file a written application

24  with the department on forms furnished by the department,

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

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

27  enforcement or any state public defender's office activities

28  requiring concealment of publicly leased or owned motor

29  vehicles or vessels and a statement of the position

30  classifications of the individuals who are authorized to use

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


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                                     CS/CS/HB 807, First Engrossed



  1  reflect the fictitious identity of the owner or lessee until

  2  such time as the license plate and registration certificate

  3  are surrendered to it.

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

  5  vehicle owned or exclusively operated by the state or any

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

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

  8  320.0655. Any vessel owned or exclusively operated by the

  9  state or any county, municipality, or other governmental

10  entity must at all times display a registration number as

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

12  328.48(5).

13         Section 33.  Subsections (1) and (2) of section 320.05,

14  Florida Statutes, are amended read:

15         320.05  Records of the department; inspection

16  procedure; lists and searches; fees.--

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

18  320.025(3), the department may release records as provided in

19  this section.

20         (2)  Upon receipt of an application for the

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

22  herein provided for, the department shall register the motor

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

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

25  department. Electronic registration records shall be open to

26  the inspection of the public during business hours.

27  Information on a motor vehicle or vessel registration may not

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

29  information furnishes positive proof of identification. The

30  agency that furnishes a motor vehicle or vessel registration

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


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                                     CS/CS/HB 807, First Engrossed



  1  than a representative of a law enforcement agency who requests

  2  and receives information from a motor vehicle or vessel

  3  registration record and shall also record the name and address

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

  5  information identifying the entity about which information is

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

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

  8  information was released to the inquirer. Nothing in this

  9  section shall prohibit any financial institution, insurance

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

11  attorney, or other agency which the department determines has

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

13  use only, information in such records from the department

14  through any means of telecommunication pursuant to a code

15  developed by the department providing all fees specified in

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

17  records or information to the child support enforcement agency

18  to assist in the location of individuals who owe or

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

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

21         Section 34.  Subsection (5) of section 320.055, Florida

22  Statutes, is amended to read:

23         320.055  Registration periods; renewal periods.--The

24  following registration periods and renewal periods are

25  established:

26         (5)  For a vehicle subject to apportioned registration

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

28  registration period shall be a period of 12 months beginning

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

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

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


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                                     CS/CS/HB 807, First Engrossed



  1  the registration period. The registration period may be

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

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

  4  distribute such registrations on a monthly basis. For vehicles

  5  subject to registration other than apportioned under s.

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

  7  begins December 1 and ends November 30. The renewal period is

  8  the 31-day period beginning December 1.

  9         Section 35.  Paragraphs (b) and (c) of subsection (1)

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

11         320.06  Registration certificates, license plates, and

12  validation stickers generally.--

13         (1)

14         (b)  Registration license plates bearing a graphic

15  symbol and the alphanumeric system of identification shall be

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

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

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

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

20  $10 replacement fee.  The fees shall be deposited into the

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

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

23  replacement fee when the plate is replaced or surrendered

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

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

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

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

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

29  upper right corner of the license plate. This validation

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

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


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                                     CS/CS/HB 807, First Engrossed



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

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

  3  a serially numbered validation sticker showing the year of

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

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

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

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

  8  12 months, and all expirations shall occur based on the

  9  applicant's appropriate registration period.  A vehicle with

10  an apportioned registration shall be issued an annual license

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

12  weight for each apportioned jurisdiction in which the vehicle

13  is authorized to operate.

14         (c)  Registration license plates equipped with

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

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

17  registration period.  For each registration period after the

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

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

20  validation sticker showing the month and year of expiration

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

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

23  license plates equipped with validation stickers are issued in

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

25  registration period for any other motor vehicle, the effective

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

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

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

29  shall pay the appropriate amount of license tax and the

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

31  to all other fees.  Validation stickers issued for vehicles


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                                     CS/CS/HB 807, First Engrossed



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

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

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

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

  5  fleet so long as the vehicle receiving the validation sticker

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

  7  the validation sticker was originally assigned.

  8         Section 36.  Paragraphs (h) and (i) are added to

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

10         320.072  Additional fee imposed on certain motor

11  vehicle registration transactions.--

12         (1)  A fee of $100 is imposed upon the initial

13  application for registration pursuant to s. 320.06 of every

14  motor vehicle classified in s. 320.08(2), (3), and (9)(c) and

15  (d).

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

17  to:

18         (h)  Any license plate issued in the previous 10-year

19  period from the date the transaction is being processed.

20         (i)  Any license plate issued to a vehicle taxed under

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

22  previous 10-year period.

23         Section 37.  Subsection (6) of section 320.0805,

24  Florida Statutes, is amended to read:

25         320.0805  Personalized prestige license plates.--

26         (6)  A personalized prestige license plate shall be

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

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

29  applicant during the same registration period. An exact

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

31  previous owner of a specific plate relinquishes it by failure


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                                     CS/CS/HB 807, First Engrossed



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

  2  last year of issuance three consecutive annual registration

  3  periods following the original year of issuance.

  4         Section 38.  Paragraph (h) of subsection (4) of section

  5  320.08056, Florida Statutes, is amended to read:

  6         320.08056  Specialty license plates.--

  7         (4)  The following license plate annual use fees shall

  8  be collected for the appropriate specialty license plates:

  9         (h)  Florida educational license plate, $25 $15.

10         Section 39.  Paragraphs (b) and (c) of subsection (8)

11  of section 320.08056, Florida Statutes, are amended to read:

12         320.08056  Specialty license plates.--

13         (8)

14         (b)  The department is authorized to discontinue the

15  issuance of a specialty license plate and distribution of

16  associated annual use fee proceeds if the organization no

17  longer exists, if the organization has stopped providing

18  services that are authorized to be funded from the annual use

19  fee proceeds, or pursuant to an organizational recipient's

20  request. Organizations are required to notify the department

21  immediately to stop all warrants for plate sales if any of the

22  conditions in this section exist, and must meet the

23  requirements of s. 320.08062 for any period of operation

24  during a fiscal year.

25         (c)  The requirements of paragraph (a) shall not apply

26  to collegiate specialty license plates authorized in s.

27  320.08058(3), and(13), (21), and (26).

28         Section 40.  Section 320.08062, Florida Statutes, is

29  amended to read:

30         320.08062  Audits and attestation required; annual use

31  fees of specialty license plates.--


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                                     CS/CS/HB 807, First Engrossed



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

  2  proceeds from the department are responsible for ensuring that

  3  proceeds are used in accordance with ss. 320.08056 and

  4  320.08058.

  5         (b)  All organizational recipients of any specialty

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

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

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

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

10  determine if expenditures are being made in accordance with

11  the specifications outlined by law.  The audit shall be

12  prepared by a certified public accountant licensed under

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

14  notes to the financial statements should state whether

15  expenditures were made in accordance with ss. 320.08056 and

16  320.08058.

17         (b)(c)  Any organization not subject to In lieu of an

18  annual audit pursuant to s. 215.97 shall, any organization

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

20  directly from the department, or from another state agency,

21  may annually attest report, under penalties of perjury, that

22  such proceeds were used in compliance with ss. 320.08056 and

23  320.08058. The attestation shall be made annually in a form

24  and format determined by the department.

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

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

27  rules promulgated by the Auditor General. The annual

28  attestation audit or report shall be submitted to the

29  department for review within 9 months 180 days after the end

30  of the organization's fiscal year.

31


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                                     CS/CS/HB 807, First Engrossed



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

  2  audit or attestation report, the department shall determine

  3  which recipients of revenues from specialty license plate

  4  annual use fees have not complied with subsection (1). If the

  5  department determines that an organization has not complied or

  6  has failed to use the revenues in accordance with ss.

  7  320.08056 and 320.08058, the department must discontinue the

  8  distribution of the revenues to the organization until the

  9  department determines that the organization has complied. If

10  an organization fails to comply within 12 months after the

11  annual use fee proceeds are withheld by the department, the

12  proceeds shall be deposited into the Highway Safety Operating

13  Trust Fund to offset department costs related to the issuance

14  of specialty license plates.

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

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

17  funds from the sale of specialty license plates.

18         Section 41.  Subsection (1) of section 320.083, Florida

19  Statutes, is amended to read:

20         320.083  Amateur radio operators; special license

21  plates; fees.--

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

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

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

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

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

27  who holds a valid official amateur radio station license

28  issued by the Federal Communications Commission shall be

29  issued a special license plate upon application, accompanied

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

31  payment of the following tax and fees:


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                                     CS/CS/HB 807, First Engrossed



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

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

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

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

  5  fee of $1.50 thereafter.

  6         Section 42.  Subsections (2) and (3) of section

  7  320.089, Florida Statutes, are amended to read:

  8         320.089  Members of National Guard and active United

  9  States Armed Forces reservists; former prisoners of war;

10  survivors of Pearl Harbor; Purple Heart medal recipients;

11  special license plates; fee.--

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

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

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

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

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

17  their unremarried surviving spouse, shall, upon application

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

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

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

21  shall be accompanied by proof that the applicant meets the

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

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

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

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

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

27  United States were engaged in combat, or their unremarried

28  surviving spouse, may be issued the special license plate

29  provided for in this subsection without payment of the license

30  tax imposed by s. 320.08.

31


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                                     CS/CS/HB 807, First Engrossed



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

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

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

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

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

  6  or their unremarried surviving spouse, may be issued the

  7  special license plate provided for in this subsection upon

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

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

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

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

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

13  resident of this state and who is the unremarried surviving

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

15  application therefor to the department, with the payment of

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

17  320.06, on which license plate are stamped the words "Purple

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

19  the serial number.  Each application shall be accompanied by

20  proof that the applicant is the unremarried surviving spouse

21  of a recipient of the Purple Heart medal.

22         Section 43.  Subsection (1) of section 320.18, Florida

23  Statutes, is amended to read:

24         320.18  Withholding registration.--

25         (1)  The department may withhold the registration of

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

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

28  period or periods for which it appears registration should

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

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

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


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                                     CS/CS/HB 807, First Engrossed



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

  2  specified in chapter 207 by a dishonored check, or if the

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

  4  a weight or safety violation issued by the Department of

  5  Transportation Motor Carrier Compliance Office.. The

  6  Department of Transportation and the Department of Highway

  7  Safety and Motor Vehicles may impound any commercial motor

  8  vehicle that has a canceled license plate or fuel-use tax

  9  decal until the tax liability, penalty, and interest specified

10  in chapter 207, the license tax, or the fuel-use decal fee,

11  and applicable administrative fees have been paid for by

12  certified funds.

13         Section 44.  Paragraph (c) of subsection (1) of secton

14  320.27, Florida Statutes, is amended, paragraph (f) is added

15  to said subsection, and subsections (7) and (9) of said

16  section are amended, to read:

17         320.27  Motor vehicle dealers.--

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

19  phrases when used in this section have the meanings

20  respectively ascribed to them in this subsection, except where

21  the context clearly indicates a different meaning:

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

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

24  or offering or displaying motor vehicles for sale at wholesale

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

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

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

28  vehicles in any 12-month period or who offers or displays for

29  sale three or more motor vehicles in any 12-month period shall

30  be prima facie presumed to be engaged in such business. The

31  terms "selling" and "sale" include lease-purchase


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                                     CS/CS/HB 807, First Engrossed



  1  transactions. A motor vehicle dealer may, at retail or

  2  wholesale, sell a recreational vehicle as described in s.

  3  320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of

  4  a motor vehicle, provided such acquisition is incidental to

  5  the principal business of being a motor vehicle dealer.

  6  However, a motor vehicle dealer may not buy a recreational

  7  vehicle for the purpose of resale unless licensed as a

  8  recreational vehicle dealer pursuant to s. 320.771. A motor

  9  vehicle dealer may apply for a certificate of title to a motor

10  vehicle required to be registered under s. 320.08(2)(b), (c),

11  and (d), using a manufacturer's statement of origin as

12  permitted by s. 319.23(1), only if such dealer is authorized

13  by a franchised agreement as defined in s. 320.60(1), to buy,

14  sell, or deal in such vehicle and is authorized by such

15  agreement to perform delivery and preparation obligations and

16  warranty defect adjustments on the motor vehicle; provided

17  this limitation shall not apply to recreational vehicles, van

18  conversions, or any other motor vehicle manufactured on a

19  truck chassis. The transfer of a motor vehicle by a dealer not

20  meeting these qualifications shall be titled as a used

21  vehicle. The classifications of motor vehicle dealers are

22  defined as follows:

23         1.  "Franchised motor vehicle dealer" means any person

24  who engages in the business of repairing, servicing, buying,

25  selling, or dealing in motor vehicles pursuant to an agreement

26  as defined in s. 320.60(1).

27         2.  "Independent motor vehicle dealer" means any person

28  other than a franchised or wholesale motor vehicle dealer who

29  engages in the business of buying, selling, or dealing in

30  motor vehicles, and who may service and repair motor vehicles.

31


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                                     CS/CS/HB 807, First Engrossed



  1         3.  "Wholesale motor vehicle dealer" means any person

  2  who engages exclusively in the business of buying, selling, or

  3  dealing in motor vehicles at wholesale or with motor vehicle

  4  auctions. Such person shall be licensed to do business in this

  5  state, shall not sell or auction a vehicle to any person who

  6  is not a licensed dealer, and shall not have the privilege of

  7  the use of dealer license plates. Any person who buys, sells,

  8  or deals in motor vehicles at wholesale or with motor vehicle

  9  auctions on behalf of a licensed motor vehicle dealer and as a

10  bona fide employee of such licensed motor vehicle dealer is

11  not required to be licensed as a wholesale motor vehicle

12  dealer. In such cases it shall be prima facie presumed that a

13  bona fide employer-employee relationship exists. A wholesale

14  motor vehicle dealer shall be exempt from the display

15  provisions of this section but shall maintain an office

16  wherein records are kept in order that those records may be

17  inspected.

18         4.  "Motor vehicle auction" means any person offering

19  motor vehicles or recreational vehicles for sale to the

20  highest bidder where both sellers and buyers are licensed

21  motor vehicle dealers. Such person shall not sell a vehicle to

22  anyone other than a licensed motor vehicle dealer.

23         5.  "Salvage motor vehicle dealer" means any person who

24  engages in the business of acquiring salvaged or wrecked motor

25  vehicles for the purpose of reselling them and their parts.

26

27  The term "motor vehicle dealer" does not include persons not

28  engaged in the purchase or sale of motor vehicles as a

29  business who are disposing of vehicles acquired for their own

30  use or for use in their business or acquired by foreclosure or

31  by operation of law, provided such vehicles are acquired and


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                                     CS/CS/HB 807, First Engrossed



  1  sold in good faith and not for the purpose of avoiding the

  2  provisions of this law; persons engaged in the business of

  3  manufacturing, selling, or offering or displaying for sale at

  4  wholesale or retail no more than 25 trailers in a 12-month

  5  period; public officers while performing their official

  6  duties; receivers; trustees, administrators, executors,

  7  guardians, or other persons appointed by, or acting under the

  8  judgment or order of, any court; banks, finance companies, or

  9  other loan agencies that acquire motor vehicles as an incident

10  to their regular business; motor vehicle brokers; and motor

11  vehicle rental and leasing companies that sell motor vehicles

12  to motor vehicle dealers licensed under this section. Vehicles

13  owned under circumstances described in this paragraph may be

14  disposed of at retail, wholesale, or auction, unless otherwise

15  restricted. A manufacturer of fire trucks, ambulances, or

16  school buses may sell such vehicles directly to governmental

17  agencies or to persons who contract to perform or provide

18  firefighting, ambulance, or school transportation services

19  exclusively to governmental agencies without processing such

20  sales through dealers if such fire trucks, ambulances, school

21  buses, or similar vehicles are not presently available through

22  motor vehicle dealers licensed by the department.

23         (f)  "Bona fide employee" means a person who is

24  employed by a licensed motor vehicle dealer and receives

25  annually an Internal Revenue Service Form W-2, or an

26  independent contractor who has a written contract with a

27  licensed motor vehicle dealer and receives annually an

28  Internal Revenue Service Form 1099, for the purpose of acting

29  in the capacity of or conducting motor vehicle sales

30  transactions as a motor vehicle dealer.

31


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                                     CS/CS/HB 807, First Engrossed



  1         (7)  CERTIFICATE OF TITLE REQUIRED.--For each used

  2  motor vehicle in the possession of a licensee and offered for

  3  sale by him or her, the licensee either shall have in his or

  4  her possession or control a duly assigned certificate of title

  5  from the owner in accordance with the provisions of chapter

  6  319, from the time when the motor vehicle is delivered to the

  7  licensee and offered for sale by him or her until it has been

  8  disposed of by the licensee, or shall have reasonable indicia

  9  of ownership or right of possession, or shall have made proper

10  application for a certificate of title or duplicate

11  certificate of title in accordance with the provisions of

12  chapter 319.  A motor vehicle dealer may not sell or offer for

13  sale a vehicle in his or her possession unless the dealer

14  satisfies the requirements of this subsection. Reasonable

15  indicia of ownership shall include a duly assigned certificate

16  of title; in the case of a new motor vehicle, a manufacturer's

17  certificate of origin issued to or reassigned to the dealer; a

18  consignment contract between the owner and the dealer along

19  with a secure power of attorney from the owner to the dealer

20  authorizing the dealer to apply for a duplicate certificate of

21  title and assign the title on behalf of the owner; a court

22  order awarding title to the vehicle to the dealer; a salvage

23  certificate of title; a photocopy of a duly assigned

24  certificate of title being held by a financial institution as

25  collateral for a business loan of money to the dealer ("floor

26  plan"); a copy of a canceled check or other documentation

27  evidencing that an outstanding lien on a vehicle taken in

28  trade by a licensed dealer has been satisfied and that the

29  certificate of title will be, but has not yet been, received

30  by the dealer; a vehicle purchase order or installment

31  contract for a specific vehicle identifying that vehicle as a


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                                     CS/CS/HB 807, First Engrossed



  1  trade-in on a replacement vehicle; or a duly executed odometer

  2  disclosure statement as required by Title IV of the Motor

  3  Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.

  4  92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.

  5  100-561) and by 49 C.F.R. part 580 bearing the signatures of

  6  the titled owners of a traded-in vehicle.

  7         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

  8  may deny, suspend, or revoke any license issued hereunder or

  9  under the provisions of s. 320.77 or s. 320.771, upon proof

10  that a licensee has failed to comply with any of the following

11  provisions with sufficient frequency so as to establish a

12  pattern of wrongdoing on the part of the licensee:

13         (a)  Willful violation of any other law of this state,

14  including chapter 319, this chapter, or ss. 559.901-559.9221,

15  which has to do with dealing in or repairing motor vehicles or

16  mobile homes or willful failure to comply with any

17  administrative rule promulgated by the department.

18  Additionally, in the case of used motor vehicles, the willful

19  violation of the federal law and rule in 15 U.S.C. s. 2304, 16

20  C.F.R. part 455, pertaining to the consumer sales window form.

21         (b)  Commission of fraud or willful misrepresentation

22  in application for or in obtaining a license.

23         (c)  Perpetration of a fraud upon any person as a

24  result of dealing in motor vehicles, including, without

25  limitation, the misrepresentation to any person by the

26  licensee of the licensee's relationship to any manufacturer,

27  importer, or distributor.

28         (d)  Representation that a demonstrator is a new motor

29  vehicle, or the attempt to sell or the sale of a demonstrator

30  as a new motor vehicle without written notice to the purchaser

31  that the vehicle is a demonstrator. For the purposes of this


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                                     CS/CS/HB 807, First Engrossed



  1  section, a "demonstrator," a "new motor vehicle," and a "used

  2  motor vehicle" shall be defined as under s. 320.60.

  3         (e)  Unjustifiable refusal to comply with a licensee's

  4  responsibility under the terms of the new motor vehicle

  5  warranty issued by its respective manufacturer, distributor,

  6  or importer. However, if such refusal is at the direction of

  7  the manufacturer, distributor, or importer, such refusal shall

  8  not be a ground under this section.

  9         (f)  Misrepresentation or false, deceptive, or

10  misleading statements with regard to the sale or financing of

11  motor vehicles which any motor vehicle dealer has, or causes

12  to have, advertised, printed, displayed, published,

13  distributed, broadcast, televised, or made in any manner with

14  regard to the sale or financing of motor vehicles.

15         (g)  Requirement by any motor vehicle dealer that a

16  customer or purchaser accept equipment on his or her motor

17  vehicle which was not ordered by the customer or purchaser.

18         (h)  Requirement by any motor vehicle dealer that any

19  customer or purchaser finance a motor vehicle with a specific

20  financial institution or company.

21         (i)  Failure by any motor vehicle dealer to provide a

22  customer or purchaser with an odometer disclosure statement

23  and a copy of any bona fide written, executed sales contract

24  or agreement of purchase connected with the purchase of the

25  motor vehicle purchased by the customer or purchaser.

26         (j)  Failure of any motor vehicle dealer to comply with

27  the terms of any bona fide written, executed agreement,

28  pursuant to the sale of a motor vehicle.

29         (k)  Requirement by the motor vehicle dealer that the

30  purchaser of a motor vehicle contract with the dealer for

31  physical damage insurance.


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                                     CS/CS/HB 807, First Engrossed



  1         (l)  Violation of any of the provisions of s. 319.35 by

  2  any motor vehicle dealer.

  3         (m)  Either a history of bad credit or an unfavorable

  4  credit rating as revealed by the applicant's official credit

  5  report or by investigation by the department.

  6         (n)  Failure to disclose damage to a new motor vehicle

  7  as defined in s. 320.60(10) of which the dealer had actual

  8  knowledge if the dealer's actual cost of repair, excluding

  9  tires, bumpers, and glass, exceeds 3 percent of the

10  manufacturer's suggested retail price; provided, however, if

11  only the application of exterior paint is involved, disclosure

12  shall be made if such touch-up paint application exceeds $100.

13         (o)  Failure to apply for transfer of a title as

14  prescribed in s. 319.23(6).

15         (p)  Use of the dealer license identification number by

16  any person other than the licensed dealer or his or her

17  designee.

18         (q)  Conviction of a felony.

19         (r)  Failure to continually meet the requirements of

20  the licensure law.

21         (s)  A person who has been When a motor vehicle dealer

22  is convicted of a crime, infraction, or violation as set forth

23  in paragraph (g) which results in his or her being prohibited

24  from continuing in that capacity, the dealer may not serve

25  continue in any capacity within the industry.  Such person The

26  offender shall have no financial interest, management, sales,

27  or other role in the operation of a dealership.  Further, the

28  person offender may not derive income from the dealership

29  beyond reasonable compensation for the sale of his or her

30  ownership interest in the business. The license or application

31  of any dealership in which such person has an interest or


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                                     CS/CS/HB 807, First Engrossed



  1  plays a role in violation of this subsection shall be denied

  2  or revoked, as the case may be.

  3         (t)  Representation to a customer or any advertisement

  4  to the general public representing or suggesting that a motor

  5  vehicle is a new motor vehicle if such vehicle lawfully cannot

  6  be titled in the name of the customer or other member of the

  7  general public by the seller using a manufacturer's statement

  8  of origin as permitted in s. 319.23(1).

  9         (u)  Failure to honor a bank draft or check given to a

10  motor vehicle dealer for the purchase of a motor vehicle by

11  another motor vehicle dealer within 10 days after notification

12  that the bank draft or check has been dishonored.  A single

13  violation of this paragraph is sufficient for revocation or

14  suspension.  If the transaction is disputed, the maker of the

15  bank draft or check shall post a bond in accordance with the

16  provisions of s. 559.917, and no proceeding for revocation or

17  suspension shall be commenced until the dispute is resolved.

18         (v)  Sale by a motor vehicle dealer of a vehicle

19  offered in trade by a customer prior to consummation of the

20  sale, exchange, or transfer of a newly acquired vehicle to the

21  customer, unless the customer provides written authorization

22  for the sale of the trade-in vehicle prior to delivery of the

23  newly acquired vehicle.

24         Section 45.  Paragraph (a) of subsection (11) of

25  section 320.60, Florida Statutes, is amended and a new

26  subsection (15) is added to read:

27         320.60  Definitions for ss. 320.61-320.70.--Whenever

28  used in ss. 320.61-320.70, unless the context otherwise

29  requires, the following words and terms have the following

30  meanings:

31


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                                     CS/CS/HB 807, First Engrossed



  1         (11)(a)  "Motor vehicle dealer" means any person, firm,

  2  company, or corporation, or other entity, who,

  3         1.  Is licensed pursuant to s. 320.27 as a "franchised

  4  motor vehicle dealer" and, for commission, money or other

  5  things of value, repairs or services motor vehicles or used

  6  motor vehicles pursuant to an agreement as defined in

  7  subsection (1), or

  8         2.  Who sells, exchanges, buys, leases or rents, or

  9  offers, or attempts to negotiate a sale or exchange of any

10  interest in, motor vehicles, or

11         3.  Who is engaged wholly or in part in the business of

12  selling motor vehicles, whether or not such motor vehicles are

13  owned by such person, firm, company, or corporation.

14         (15)  "Sell," "selling," "sold," "exchange," "retail

15  sales," and "leases" includes any transaction where the title

16  of motor vehicle or used motor vehicle is transferred to a

17  retail consumer, and also any retail lease transaction where a

18  retail customer leases a vehicle for a period of at least 12

19  months.  Establishing a price for sale pursuant to s.

20  320.64(24) does not constitute a sale or lease.

21         Section 46.  Subsection (4) of section 320.61, Florida

22  Statutes, is amended to read:

23         320.61  Licenses required of motor vehicle

24  manufacturers, distributors, importers, etc.--

25         (4)  When a complaint of unfair or prohibited

26  cancellation or nonrenewal of a dealer agreement is made by a

27  motor vehicle dealer against a licensee and such complaint is

28  pending is in the process of being heard pursuant to ss.

29  320.60-320.70 by the department, no replacement application

30  for such agreement shall be granted and no license shall be

31  issued by the department under s. 320.27 to any replacement


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                                     CS/CS/HB 807, First Engrossed



  1  dealer until a final decision is rendered by the department on

  2  the complaint of unfair cancellation, so long as the dealer

  3  agreement of the complaining dealer is in effect as provided

  4  under s. 320.641(7).

  5         Section 47.  Subsections (13) and (16) are stricken,

  6  subsections (14), (15), and (17)-(23) are renumbered,

  7  subsection (20) is amended and renumbered as (18), and

  8  subsections (22)-(33) are added to section 320.64, Florida

  9  Statutes, to read:

10         320.64  Denial, suspension, or revocation of license;

11  grounds.--A license of a licensee under s. 320.61 may be

12  denied, suspended, or revoked within the entire state or at

13  any specific location or locations within the state at which

14  the applicant or licensee engages or proposes to engage in

15  business, upon a proof that the section was violated with

16  sufficient frequency to establish a pattern of wrongdoing and

17  a licensee or applicant shall be liable for claims and

18  remedies provided in s. 320.695 and s. 320.697 for any

19  violation of any of the following provisions.  A licensee is

20  prohibited from committing the following acts: upon proof that

21  an applicant or licensee has failed to comply with any of the

22  following provisions with sufficient frequency so as to

23  establish a pattern of wrongdoing on the part of the

24  applicant:

25         (18)(20)  The applicant or licensee has established a

26  system of motor vehicle allocation or distribution or has

27  implemented a system of allocation or distribution of motor

28  vehicles to one or more of its franchised motor vehicle

29  dealers which is unfair, inequitable, unreasonably

30  discriminatory, or not supportable by reason and good cause

31  after considering the equities of the affected motor vehicles


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                                     CS/CS/HB 807, First Engrossed



  1  dealer or dealers.  An applicant or licensee shall maintain

  2  for 3 years records that describe its methods or formula of

  3  allocation and distribution of its motor vehicles and records

  4  of its actual allocation and distribution of  motor vehicles

  5  to its motor vehicle dealers in this state.

  6         (22)  The applicant or licensee has refused to deliver,

  7  in reasonable quantities and within a reasonable time, to any

  8  duly licensed motor vehicle dealer who has an agreement with

  9  such applicant or licensee for the retail sale of new motor

10  vehicles and parts for motor vehicles sold or distributed by

11  the applicant or licensee, any such motor vehicles or parts as

12  are covered by such agreement.  Such refusal includes the

13  failure to offer to its same line-make franchised motor

14  vehicle dealers all models manufactured for that line-make, or

15  requiring a dealer to pay any extra fee, require a dealer to

16  execute a separate franchise agreement, purchase unreasonable

17  advertising displays or other materials, or remodel, renovate,

18  or recondition the dealer's existing facilities, or provide

19  exclusive facilities as a prerequisite to receiving a model or

20  series of vehicles.  However, the failure to deliver any motor

21  vehicle or part will not be considered a violation of this

22  section if the failure is due to an act of God, work stoppage,

23  or delay due to a strike or labor difficulty, a freight

24  embargo, product shortage, or other cause over which the

25  applicant or licensee has no control.  An applicant or

26  licensee may impose reasonable requirements on the motor

27  vehicle dealer, other than the items listed above, including,

28  but not limited to, the purchase of special tools required to

29  properly service a motor vehicle, the undertaking of sales

30  person or service person training related to the motor

31  vehicle.


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                                     CS/CS/HB 807, First Engrossed



  1         (23)  The applicant or licensee has competed or is

  2  competing with respect to any activity covered by the

  3  franchise agreement with a motor vehicle dealer of the same

  4  line-make located in this state with whom the applicant or

  5  licensee has entered into a franchise agreement, except as

  6  permitted in s. 320.645.

  7         (24)  The applicant or licensee has sold a motor

  8  vehicle to any retail consumer in the state except  through a

  9  motor vehicle dealer holding a franchise agreement for the

10  line-make that includes the motor vehicle.  This section does

11  not apply to sales by the applicant or licensee of motor

12  vehicles to its current employees, employees of companies

13  affiliated by common ownership, charitable not-for-profit-

14  organizations, and the federal government.

15         (25)  The applicant or licensee has undertaken an audit

16  of warranty payments or incentive payment previously paid to a

17  motor vehicle dealer in violation of this section or has

18  failed to comply with s. 320.696.  An applicant or licensee

19  may reasonably and periodically audit a motor vehicle dealer

20  to determine the validity of paid claims.  Audit of warranty

21  payments shall only be for the 1-year period immediately

22  following the date the claim was paid.  Audit of incentive

23  payments shall only be for an 18-month period immediately

24  following the date the incentive was paid.  An applicant or

25  licensee shall not deny a claim or charge a motor vehicle

26  dealer back subsequent to the payment of the claim unless the

27  applicant or licensee can show that the claim was false or

28  fraudulent or that the motor vehicle dealer failed to

29  substantially comply with the reasonable written and uniformly

30  applied procedures of the applicant or licensee for such

31  repairs or incentives.


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                                     CS/CS/HB 807, First Engrossed



  1         (26)  Notwithstanding the terms of any franchise

  2  agreement, the applicant or licensee has refused to allocate,

  3  sell, or deliver motor vehicles, charged back or withheld

  4  payments or other things of value for which the dealer is

  5  otherwise eligible under a sales promotion, program, or

  6  contest, or prevented the motor vehicle dealer from

  7  participating in any promotion, program, or contest for

  8  selling a motor vehicle to a customer who was present at the

  9  dealership and the motor vehicle dealer did not know or should

10  not have reasonably known that the vehicle would be shipped to

11  a foreign country.  There will be a rebuttable presumption

12  that the dealer did not know or should not have reasonably

13  known that the vehicle would be shipped to a foreign country

14  if the vehicle is titled in one of the fifty United States.

15         (27)  Notwithstanding the terms of any franchise

16  agreement, the applicant or licensee has failed or refused to

17  indemnify and hold harmless any motor vehicle dealer against

18  any judgment for damages, or settlements agreed to by the

19  applicant or licensee, including, without limitation, court

20  costs and reasonable attorneys fees, arising out of

21  complaints, claims, or lawsuits, including, without

22  limitation, strict liability, negligence, misrepresentation,

23  express or implied warranty, or revocation or rescission of

24  acceptance of the sale of a motor vehicle, to the extent the

25  judgment or settlement relates to the alleged negligent

26  manufacture, design, or assembly of motor vehicles, parts, or

27  accessories.  Nothing herein shall obviate the licensee's

28  obligations pursuant to chapter 681.

29         (28)  The applicant or licensee has published,

30  disclosed, or otherwise made available in any form information

31  provided by a motor vehicle dealer with respect to sales


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                                     CS/CS/HB 807, First Engrossed



  1  prices of motor vehicles or profit per motor vehicle sold.

  2  Other confidential financial information provided by motor

  3  vehicle dealers shall not be published, disclosed, or

  4  otherwise made publicly available except in composite form.

  5  However, this information may be disclosed with the written

  6  consent of the dealer or in response to a subpoena or order of

  7  the Department, a court or a lawful tribunal, or introduced

  8  into evidence in such a proceeding, after timely notice to an

  9  affected dealer.

10         (29)  The applicant or licensee has failed to reimburse

11  a motor vehicle dealer in full for the reasonable cost of

12  providing a loaner vehicle to any customer who is having a

13  vehicle serviced at the motor vehicle dealer, if a loaner is

14  required by the applicant or licensee, or a loaner is

15  expressly part of an applicant or licensee's customer

16  satisfaction index or computation.

17         (30)  The applicant or licensee has conducted or

18  threatened to conduct any audit of a motor vehicle dealer in

19  order to coerce or attempt to coerce the dealer to forego any

20  rights granted to the dealer under ss. 320.60-320.70 or under

21  the agreement between the licensee and the motor vehicle

22  dealer.  Nothing in this section shall prohibit an applicant

23  or licensee from reasonably and periodically auditing a dealer

24  to determine the validity of paid claims.

25         (31)  From and after the effective date of enactment of

26  this provision, the applicant or licensee has offered to any

27  motor vehicle dealer a franchise agreement that:

28         (a)  Requires that a motor vehicle dealer bring an

29  administrative or legal action in a venue outside of this

30  state, or

31


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                                     CS/CS/HB 807, First Engrossed



  1         (b)  Requires that any arbitration, mediation, or other

  2  legal proceeding be conducted outside of this state, or

  3         (c)  Requires that a law of a state other than Florida

  4  be applied to any legal proceeding between a motor vehicle

  5  dealer and a licensee.

  6         (32)  Notwithstanding the terms of any franchise

  7  agreement, the applicant or licensee has rejected or withheld

  8  approval of any proposed transfer in violation of s. 320.643

  9  or a proposed change of executive management in violation of

10  s. 320.644.

11         Section 48.  Section 320.641, Florida Statutes, is

12  amended and a new subsection (8) is added to read:

13         320.641  Discontinuations, cancellations, nonrenewals,

14  modifications, and replacementUnfair cancellation of franchise

15  agreements.--

16         (1)(a)  An applicant or licensee shall give written

17  notice to the motor vehicle dealer and the department of the

18  licensee's intention to discontinue, cancel, or fail to renew

19  a franchise agreement or of the licensee's intention to modify

20  a franchise or replace a franchise with a succeeding

21  franchise, which modification or replacement will adversely

22  alter the rights or obligations of a motor vehicle dealer

23  under an existing franchise agreement or will substantially

24  impair the sales, service obligations, or investment of the

25  motor vehicle dealer, at least 90 days before the effective

26  date thereof, together with the specific grounds for such

27  action.

28         (b)  The failure by the licensee to comply with the

29  90-day notice period and procedure prescribed herein shall

30  render voidable, at the option of the motor vehicle dealer,

31  any discontinuation, cancellation, nonrenewal, modification,


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                                     CS/CS/HB 807, First Engrossed



  1  or replacement of any franchise agreement.  Designation of a

  2  franchise agreement at a specific location as a "nondesignated

  3  point" shall be deemed an evasion of this section and

  4  constitutes an unfair cancellation.

  5         (2)  Franchise agreements are deemed to be continuing

  6  unless the applicant or licensee has notified the department

  7  of the discontinuation of, cancellation of, failure to renew,

  8  modification of, or replacement of the agreement of any of its

  9  motor vehicle dealers; and annual renewal of the license

10  provided for under ss. 320.60-320.70 is not necessary for any

11  cause of action against the licensee.

12         (3)  Any motor vehicle dealer who receives a notice of

13  intent to discontinue, cancel, not renew, modify, or replace

14  whose franchise agreement is discontinued, canceled, not

15  renewed, modified, or replaced may, within the 90-day notice

16  period, file a petition or complaint for a determination of

17  whether such action is an unfair or prohibited

18  discontinuation, cancellation, nonrenewal, modification, or

19  replacement.  Agreements and certificates of appointment shall

20  continue in effect until final determination of the issues

21  raised in such petition or complaint by the motor vehicle

22  dealer.  A discontinuation, cancellation, or nonrenewal of a

23  franchise agreement is unfair if it is not clearly permitted

24  by the franchise agreement; is not undertaken in good faith;

25  is not undertaken for good cause; or is based on an alleged

26  breach of the franchise agreement which is not in fact a

27  material and substantial breach; or, if the grounds relied

28  upon for termination, cancellation, or nonrenewal have not

29  been applied in a uniform and consistent manner by the

30  licensee.  A modification or replacement is unfair if it is

31  not clearly permitted by the franchise agreement; is not


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                                     CS/CS/HB 807, First Engrossed



  1  undertaken in good faith; or is not undertaken for good cause.

  2  The applicant or licensee shall have burden of proof that such

  3  action is fair and not prohibited.

  4         (4)  Notwithstanding any other provision of this

  5  section, the failure of a motor vehicle dealer to be engaged

  6  in business with the public for 10 consecutive business days

  7  constitutes abandonment by the dealer of his or her franchise

  8  agreement. If any motor vehicle dealer abandons his or her

  9  franchise agreement, he or she has no cause of action under

10  this section. For the purpose of this section, a dealer shall

11  be considered to be engaged in business with the public if a

12  sales and service facility is open and is performing such

13  services 8 hours a day, 5 days a week, excluding holidays.

14  However, it will not be considered abandonment if such failure

15  to engage in business is due to an act of God, a work

16  stoppage, or a delay due to a strike or labor difficulty, a

17  freight embargo, or other cause over which the motor vehicle

18  dealer has no control, including any violation of ss.

19  320.60-320.70.

20         (5)  Notwithstanding any other provision of this

21  section, if a motor vehicle dealer has abandoned his or her

22  franchise agreement as provided in subsection (4), the

23  licensee may give written notice to the dealer and the

24  department of the licensee's intention to discontinue, cancel,

25  or fail to renew the franchise agreement with the dealer at

26  least 15 days before the effective date thereof, specifying

27  the grounds for such action.  A motor vehicle dealer receiving

28  such notice may file a petition or complaint for determination

29  of whether in fact there has been an abandonment of the

30  franchise.

31


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                                     CS/CS/HB 807, First Engrossed



  1         (6)  If the complainant motor vehicle dealer prevails,

  2  he or she shall have a cause of action against the licensee

  3  for reasonable attorneys' fees and costs incurred by him or

  4  her in such proceeding, and he or she shall have a cause of

  5  action under s. 320.697.

  6         (7)  Except as provided in s. 320.643, no replacement

  7  motor vehicle dealer shall be named for this point or location

  8  to engage in business and the franchise agreement shall remain

  9  in effect until a final judgment is entered after all appeals

10  are exhausted, provided that, when a motor vehicle dealer

11  appeals a decision upholding a discontinuation, cancellation,

12  or nonrenewal based upon abandonment or revocation of the

13  dealer's license pursuant to s. 320.27, as lawful reasons for

14  such discontinuation, cancellation, or nonrenewal, the

15  franchise agreement shall remain in effect pending exhaustion

16  of all appeals only if the motor vehicle dealer establishes a

17  likelihood of success on appeal and that the public interest

18  will not be harmed by keeping the franchise agreement in

19  effect pending entry of final judgment after such appeal.

20  prior to the final adjudication by the department on the

21  petition or complaint and the exhaustion of all appellate

22  remedies by the canceled or discontinued dealer, if a stay is

23  issued by either the department or an appellate court.

24         (8)  If a transfer is proposed pursuant to s.

25  320.643(1) or (2) after a notice of intent to discontinue,

26  cancel, or not renew a franchise agreement is received but,

27  prior to the final determination, including exhaustion of all

28  appellate remedies of a motor vehicle dealer's complaint or

29  petition contesting such action, the termination proceedings

30  shall be stayed, without bond, during the period that the

31  transfer is being reviewed by the licensee pursuant to s.


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                                     CS/CS/HB 807, First Engrossed



  1  320.643.,  During the period that the transfer is being

  2  reviewed by the licensee, pursuant to s. 320.643, the

  3  franchise agreement shall remain in full force and effect, and

  4  the motor vehicle dealer shall retain all rights and remedies

  5  pursuant to the terms and conditions of the franchise

  6  agreement and applicable law, including all rights of transfer

  7  until such time as the licensee has accepted or rejected the

  8  proposed tranfer.  If the proposed transfer is rejected, the

  9  motor vehicle dealer shall retain all of its rights pursuant

10  to s. 320.643 to an administrative determination as to whether

11  the licensee's rejection is in compliance with the provisions

12  of s. 320.643, and during the pendency of any such

13  administrative proceeding, and any related appellate

14  proceedings, the termination proceedings shall remain stayed

15  without bond, the franchise agreement shall remain in full

16  force and effect and the motor vehicle dealer shall retain all

17  rights and remedies pursuant to the terms and conditions of

18  the franchise agreement and applicable law, including all

19  rights of transfer.  If a transfer is approved by the licensee

20  or mandated by law, the termination proceedings shall be

21  dismissed with prejudice as moot.  The subsection (8) applies

22  only to the first two proposed transfers pursuant to s.

23  320.643(1) or (2) after notice of intent to discontinue,

24  cancel, or not renew is received.

25         Section 49.  Section 320.643, Florida Statutes, is

26  amended to read:

27         320.643  Transfer, assignment, or sale of franchise

28  agreements.--

29         (1)  A motor vehicle dealer shall not transfer, assign,

30  or sell a franchise agreement to another person unless the

31  dealer first notifies the licensee of the dealer's decision to


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                                     CS/CS/HB 807, First Engrossed



  1  make such transfer, by written notice setting forth the

  2  prospective transferee's name, address, financial

  3  qualification, and business experience during the previous 5

  4  years.  The licensee shall, in writing, within 60 days after

  5  receipt of such notice, inform the dealer either of the

  6  licensee's approval of the transfer, assignment, or sale or of

  7  the unacceptability of the proposed transferee, setting forth

  8  the material reasons for the rejection.  If the licensee does

  9  not so inform the dealer within the 60-day period, its

10  approval of the proposed transfer is deemed granted.  No such

11  transfer, assignment, or sale will be valid unless the

12  transferee agrees in writing to comply with all requirements

13  of the franchise then in effect.  Notwithstanding the terms of

14  any franchise agreement, the acceptance by the licensee of the

15  proposed transferee shall not be unreasonably withheld. For

16  the purposes of this section, the refusal by the licensee to

17  accept a proposed transferee who is of good moral character

18  and who otherwise meets the written, reasonable, and uniformly

19  applied standards or qualifications, if any, of the licensee

20  relating to financial qualifications of the transferee and the

21  business experience of the transferee or the transferee's

22  executive management required by the licensee of its motor

23  vehicle dealers is presumed to be unreasonable.  A motor

24  vehicle dealer whose proposed sale is rejected licensee who

25  receives such notice may, within 60 days following such

26  receipt of such rejection, file with the department a verified

27  complaint for a determination that the proposed transferee has

28  been rejected in violation of is not a person qualified to be

29  a transferee under this section. The licensee has the burden

30  of proof with respect to all issues raised by such verified

31  complaint.  The department shall determine, and enter an order


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                                     CS/CS/HB 807, First Engrossed



  1  providing, that the proposed transferee is either qualified or

  2  is not and cannot be qualified for specified reasons, or the

  3  order may provide the conditions under which a proposed

  4  transferee would be qualified. If the licensee fails to file

  5  such a response to the motor vehicle dealer's verified

  6  complaint within 30such 60-days after receipt of the

  7  complaint, unless the parties agree in writing to an

  8  extension, period or if the department, after a hearing,

  9  dismisses the complaint or renders a decision other than one

10  disqualifying the proposed transferee, the franchise agreement

11  between the motor vehicle dealer and the licensee shall be

12  deemed amended to incorporate such transfer or amended in

13  accordance with the determination and order rendered,

14  effective upon compliance by the proposed transferee with any

15  conditions set forth in the determination or order.

16         (2)(a)  Notwithstanding the terms of any franchise

17  agreement, a licensee shall not, by contract or otherwise,

18  fail or refuse to give effect to, prevent, prohibit, or

19  penalize, or attempt to refuse to give effect to, prevent,

20  prohibit, or penalize, any motor vehicle dealer or any

21  proprietor, partner, stockholder, owner, or other person who

22  holds or otherwise owns an interest therein from selling,

23  assigning, transferring, alienating, or otherwise disposing

24  of, in whole or in part, the equity interest of any of them in

25  such motor vehicle dealer to any other person or persons,

26  including a corporation established or existing for the

27  purpose of owning or holding the stock or ownership interests

28  of other entities, unless the licensee proves at a hearing

29  pursuant to this section that such sale, transfer, alienation,

30  or other disposition is to a person who is not, or whose

31  controlling executive management is not, of good moral


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                                     CS/CS/HB 807, First Engrossed



  1  character.  A motor vehicle dealer, or any proprietor,

  2  partner, stockholder, owner, or other person who holds or

  3  otherwise owns an interest in the motor vehicle dealer, who

  4  desires to sell, assign, transfer, alienate, or otherwise

  5  dispose of any interest in such motor vehicle dealer shall

  6  notify, or cause the proposed transferee to so notify, the

  7  licensee, in writing, of the identity and address of the

  8  proposed transferee.  A licensee who receives such notice may,

  9  within 60 days following such receipt, notify the motor

10  vehicle dealer in writing file with the department a verified

11  complaint for a determination that the proposed transferee is

12  not a person qualified to be a transferee under this section

13  and setting forth the material reasons for such rejection.

14  Failure of the licensee to notify the motor vehicle dealer

15  within the 60-day period of such rejection shall be deemed an

16  approval of the transfer.  Any person whose proposed sale of

17  stock is rejected may file within 60 days of receipt of such

18  rejection a complaint with the Department alleging that the

19  rejection was in violation of the law or the franchise

20  agreement.  The licensee has the burden of proof with respect

21  to all issues raised by such verified complaint.  The

22  department shall determine, and enter an order providing, that

23  the proposed transferee either is qualified or is not and

24  cannot be qualified for specified reasons; or the order may

25  provide the conditions under which a proposed transferee would

26  be qualified. If the licensee fails to file a response to the

27  motor vehicle dealer's complaint within 30 days of receipt of

28  the complaint, unless the parties agree in writing to an

29  extension, or if the licensee fails to file such verified

30  complaint within such 60-day period or if the department,

31  after a hearing, dismisses the complaint or renders a decision


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                                     CS/CS/HB 807, First Engrossed



  1  on the complaint other than one disqualifying the proposed

  2  transferee, the transfer shall be deemed approved franchise

  3  agreement between the motor vehicle dealer and the licensee

  4  shall be deemed amended to incorporate such transfer or

  5  amended in accordance with the determination and order

  6  rendered, effective upon compliance by the proposed transferee

  7  with any conditions set forth in the determination or order.

  8         (b)  During the pendency of any such hearing, the

  9  franchise agreement of the motor vehicle dealer shall continue

10  in effect in accordance with its terms.  The department shall

11  expedite any determination requested under this section.

12         (3)  Notwithstanding the terms of any franchise

13  agreement, the acceptance by the licensee of the proposed

14  transferee shall not be unreasonably withheld.  For the

15  purposes of this section, the refusal by the licensee to

16  accept a proposed transferee who satisfies the criteria set

17  forth in subsection (1) or (2) is presumed to be unreasonable.

18         Section 50.  Section 320.645, Florida Statutes, is

19  amended to read:

20         320.645  Restriction upon ownership of dealership by

21  licensee.--

22         (1)  No licensee, including a manufacturer or agent of

23  a manufacturer, or any parent, subsidiary, common entity, or

24  officer or representative of the licensee shall own or

25  operate, either directly or indirectly, a motor vehicle

26  dealership in this state for the sale or service of motor

27  vehicles which have been or are offered for sale under a

28  franchise agreement with a motor vehicle dealer in this state.

29  A licensee may not be issued a motor vehicle dealer license

30  pursuant to s. 320.27.  However, no such licensee will be

31  deemed to be in violation of this section:


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                                     CS/CS/HB 807, First Engrossed



  1         (a)  When operating a motor vehicle dealership for a

  2  temporary period, not to exceed 1 year, during the transition

  3  from one owner of the motor vehicle dealership to another;

  4         (b)  When operating a motor vehicle dealership

  5  temporarily for a reasonable period for the exclusive purpose

  6  of broadening the diversity of its dealer body and enhancing

  7  opportunities for qualified persons who are part of a group

  8  that has historically been underrepresented in its dealer

  9  body, or for other qualified persons who the licensee deems

10  lack the resources to purchase or capitalize the dealership

11  outright, not to exceed 1 year, or in a bona fide relationship

12  with an independent person, other than a licensee or its agent

13  or affiliate, who has made a significant investment that is

14  subject to loss in the dealership within the dealership's

15  first year of operation and who can reasonably expect to

16  acquire full ownership of the dealership on reasonable terms

17  and conditions; or

18         (c)  If the department determines, after a hearing on

19  the matter, pursuant to chapter 120, at the request of any

20  person, that there is no independent person available in the

21  community or territory to own and operate the motor vehicle

22  dealership in a manner consistent with the public interest.

23

24  In any such case, the licensee must continue to make the motor

25  vehicle dealership available for sale to an independent person

26  at a fair and reasonable price. Approval of the sale of such a

27  motor vehicle dealership to a proposed motor vehicle dealer

28  shall not be unreasonably withheld.

29         (2)  As used in this section, the term:

30         (a)  "Independent person" is a person who is not an

31  officer, director, or employee of the licensee.


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                                     CS/CS/HB 807, First Engrossed



  1         (b)  "Reasonable terms and conditions" requires that

  2  profits from the dealership are reasonably expected to be

  3  sufficient to allow full ownership of the dealership by the

  4  independent person within  a reasonable time period not to

  5  exceed 10 years, which time period may be extended if there is

  6  a reasonable basis to do so and is not being sought to evade

  7  the purpose of this section; that the independent person has

  8  sufficient control to permit acquisition of ownership; and

  9  that the relationship cannot be terminated solely to avoid

10  full ownership.  The terms and conditions are not reasonable

11  if they preclude the independent person from an expedited

12  purchase of the dealership using a monetary source other than

13  profits from the dealership's operation; provided, however,

14  that the independent person must pay or make an agreement to

15  pay to the licensee any and all reasonable prepayment charges

16  and costs, including all unrecouped restored losses,

17  associated with the expedited purchase of the dealership.  For

18  the purpose of this section, unrecouped restored losses are

19  monies that the manufacturer has provided to the dealership to

20  restore losses of the dealership that the manufacturer has not

21  been paid back through profits of the dealership.

22         (c)  "Significant investment" means a reasonable

23  amount, considering the reasonable capital requirements of the

24  dealership, acquired and obtained from sources other than the

25  licensee or any of its affiliates and not encumbered by the

26  person's interest in the dealership.

27         (3)  Nothing in this section shall prohibit, limit,

28  restrict, or impose conditions on:

29         (a)  The business activities, including, without

30  limitation, the dealings with motor vehicle manufacturers and

31  their representatives and affiliates, of any person that is


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                                     CS/CS/HB 807, First Engrossed



  1  primarily engaged in the business of short term not to exceed

  2  12 months rental of motor vehicles and industrial and

  3  construction equipment and activities incidental to that

  4  business, provided that:

  5         1.  Any motor vehicles sold by such person are limited

  6  to used motor vehicles that have been previously used

  7  exclusively and regularly by such person in the conduct of its

  8  rental business and used motor vehicles traded in on motor

  9  vehicles sold by such person;

10         2.  Warranty repairs performed under any manufacturer's

11  new vehicle warranty by such person on motor vehicles are

12  limited to those motor vehicles that it owns.  As to

13  previously owned vehicles, warranty repairs can be performed

14  only if pursuant to a motor vehicle service agreement as

15  defined in chapter 634, part I, issued by such person or an

16  express warranty issued by such person on the retail sale of

17  those vehicles previously owned; and

18         3.  Motor vehicle financing provided by such person to

19  retail consumers for motor vehicles is limited to used motor

20  vehicles sold by such person in the conduct of its business;

21  or

22         (b)  The direct or indirect ownership, affiliation or

23  control of a person described in paragraph (a) of this

24  subsection.

25         (4)  This section does not apply to any dealership that

26  is owned, controlled, or operated by a licensee on July 1,

27  2000.

28         (2)  This section shall not be construed to prohibit

29  any licensee from owning or operating a motor vehicle

30  dealership in this state if such dealership was owned or

31  operated by the licensee on May 31, 1984.


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                                     CS/CS/HB 807, First Engrossed



  1         Section 51.  Subsection (2) of section 320.699, Florida

  2  Statutes, is amended to read:

  3         320.699  Administrative hearings and adjudications;

  4  procedure.--

  5         (2)  If a written objection or notice of protest is

  6  filed with the department under paragraph (1)(b), a hearing

  7  shall be held not sooner than 180 days nor later than 240 days

  8  from within 180 days of the date of filing of the first

  9  objection or notice of protest, unless the time is extended by

10  the Administrative Law Judge for good cause shown.  This

11  subsection shall govern the schedule of hearings in lieu of

12  any other provision of law with respect to administrative

13  hearings conducted by the Department of Highway Safety and

14  Motor Vehicles or the Division of Administrative Hearings,

15  including performance standards of state agencies, which may

16  be included in current and future appropriations acts. hearing

17  officer for good cause shown.  If a hearing is not scheduled

18  within said time, any party may request such hearing which

19  shall be held forthwith by the hearing officer.

20         Section 52.  Section 320.6991, Florida Statutes, is

21  created to read:

22         Section 320.6991  Severability.--If a provision of ss.

23  320.60-320.70 or its application to any person or circumstance

24  is held invalid, the invalidity does not affect other

25  provisions or applications of ss. 320.60-320.70 that can be

26  given effect without the invalid provision or application, and

27  to this end the provisions of 320.60-320.70 are severable.

28         Section 53.  Section 320.691, Florida Statutes, is

29  created to read:

30         320.691  Automobile Dealers Industry Advisory Board.--

31


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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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 54.  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 55.  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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                                     CS/CS/HB 807, First Engrossed



  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 56.  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 57.  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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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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 58.  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 59.  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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                                     CS/CS/HB 807, First Engrossed



  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 60.  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 61.  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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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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 62.  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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                                     CS/CS/HB 807, First Engrossed



  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 63.  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

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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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 64.  Section 322.282, Florida Statutes, is

18  repealed.

19         Section 65.  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 66.  Section 322.331, Florida Statutes, is

26  repealed.

27         Section 67.  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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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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.

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                                     CS/CS/HB 807, First Engrossed



  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 68.  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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                                     CS/CS/HB 807, First Engrossed



  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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                                     CS/CS/HB 807, First Engrossed



  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 69.  Driver Licensing Study Commission

12  created.--

13         (1)  The Driver Licensing Study Commission is created

14  within the Department of Highway Safety and Motor

15  Vehicles.  The commission shall consist of eight members, to

16  be appointed as follows:

17         (a)  The Speaker of the House of Representatives shall

18  appoint two members, at least one of whom must have business

19  managerial experience in the private sector.

20         (b)  The President of the Senate shall appoint two

21  members, at least one of whom must have business managerial

22  experience in the private sector.

23         (c)  The Governor shall appoint three members, at least

24  one of whom must have information technology experience

25  relating to systems utilizing complex databases.

26         (d)  The Executive Director of the Department of

27  Highway Safety and Motor Vehicles shall serve as an ex

28  officio, nonvoting member of the commission.

29         (2)  The commission shall elect a chair and a vice

30  chair from its membership at its first meeting.

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                                     CS/CS/HB 807, First Engrossed



  1         (3)  The commission shall be appointed no later than

  2  June 15, 2001, and its first meeting shall be held no later

  3  than July 15, 2001.  The commission shall meet periodically at

  4  the request of the chair.

  5         (3)  Members of the commission shall serve without

  6  compensation, except for per diem and reimbursement for travel

  7  expenses as provided by s. 112.061, Florida Statutes.

  8         (4)  A vacancy in the commission shall be filled within

  9  30 days after its occurrence in the same manner as the

10  original appointment.

11         (5)  The Department of Highway Safety and Motor

12  Vehicles shall serve as primary staff to the commission,

13  providing technical and administrative assistance and ensuring

14  that commission meetings are electronically recorded.  Such

15  recordings shall be preserved pursuant to chs. 119 and 257,

16  Florida Statutes.

17         (6)  The commission shall study and make

18  recommendations on the feasibility of using privatization,

19  outsourcing, and public-private partnership techniques in the

20  delivery of driver's license services.  The commission shall

21  review local government driver's licensing programs and shall

22  review results available from driver's licensing privatization

23  pilot projects in the state.  The study shall address the

24  following issues:

25         (a)  Identification of functions that are appropriate

26  for privatization or outsourcing and functions for which the

27  public sector should maintain direct control.

28         (b)  Technology and re-engineering of business

29  processes to achieve greater efficiencies, ultimately

30  resulting in cost reduction.

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                                     CS/CS/HB 807, First Engrossed



  1         (c)  The format and type of necessary procurement

  2  procedures and oversight and audit mechanisms to protect the

  3  interests of the State of Florida in dealings with private

  4  service providers.

  5         (d)  Contractual controls to ensure appropriate service

  6  delivery and customer satisfaction levels.

  7         (e)  Safeguards for control of personal information.

  8         (f)  Ways to encourage the use of alternative service

  9  delivery options.

10         (g)  Service center size and location to ensure that

11  the public is best served.

12         (h)  Issues related to utilization and placement of

13  current public driver's license employees in public-private

14  licensing enterprises.

15         (i)  Any other issues the commission deems relevant to

16  the privatization of drivers licensing functions.

17         (7)  The commission shall prepare an initial report of

18  its findings and recommendations on the issues listed in

19  subsection (6) and shall submit the report to the Governor,

20  the Speaker of the House of Representatives, and the President

21  of the Senate on or before January 1, 2002.  The commission

22  shall prepare a final report of its findings and

23  recommendations, taking into consideration the results of any

24  pilot projects for delivery of driver's license services, and

25  shall submit the report to the Governor, the Speaker of the

26  House of Representatives, and the President of the Senate on

27  or before January 1, 2003.  The commission is dissolved at the

28  time it submits its final report.

29         Section 70.  There is appropriated from the Highway

30  Safety Operating Trust Fund to the Driver Licensing Study

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                                     CS/CS/HB 807, First Engrossed



  1  Commission the sum of $100,000 for the purpose of conducting

  2  the study required in this act.

  3         Section 71.  Section 324.091, Florida Statutes, is

  4  amended to read:

  5         324.091  Notice to department; notice to insurer.--

  6         (1)  Each owner and operator involved in a crash or

  7  conviction case within the purview of this chapter shall

  8  furnish evidence of automobile liability insurance, motor

  9  vehicle liability insurance, or surety bond within 30 days

10  from the date of the mailing of notice of crash by the

11  department in such form and manner as it may designate.  Upon

12  receipt of evidence that an automobile liability policy, motor

13  vehicle liability policy, or surety bond was in effect at the

14  time of the crash or conviction case, the department shall

15  forward by United States mail, postage prepaid, to the insurer

16  or surety insurer a copy of such information and shall assume

17  that such policy or bond was in effect unless the insurer or

18  surety insurer shall notify the department otherwise within 20

19  days from the mailing of the notice to the insurer or surety

20  insurer; provided that if the department shall later ascertain

21  that an automobile liability policy, motor vehicle liability

22  policy, or surety bond was not in effect and did not provide

23  coverage for both the owner and the operator, it shall at such

24  time take such action as it is otherwise authorized to do

25  under this chapter.  Proof of mailing to the insurer or surety

26  insurer may be made by the department by naming the insurer or

27  surety insurer to whom such mailing was made and specifying

28  the time, place and manner of mailing.

29         (2)  Each insurer doing business in this state shall

30  immediately give notice to the department of each motor

31  vehicle liability policy when issued to effect the return of a


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                                     CS/CS/HB 807, First Engrossed



  1  license which has been suspended under s. 324.051(2); and said

  2  notice shall be upon such form and in such manner as the

  3  department may designate.

  4         (3)  Electronic access to the vehicle insurer

  5  information maintained in the department's vehicle database

  6  may be provided by an approved third-party provider to

  7  insurers, lawyers, and financial institutions in compliance

  8  with s. 627.736(9)(a) and for subrogation and claims purposes

  9  only.  The compilation and retention of this information is

10  strictly prohibited.

11         Section 72.  Paragraph (b) of subsection (3) of section

12  328.01, Florida Statutes, is amended to read:

13         328.01  Application for certificate of title.--

14         (3)

15         (b)  If the application for transfer of title is based

16  upon a contractual default, the recorded lienholder shall

17  establish proof of right to ownership by submitting with the

18  application the original certificate of title and a copy of

19  the applicable contract upon which the claim of ownership is

20  made.  If the claim is based upon a court order or judgment, a

21  copy of such document shall accompany the application for

22  transfer of title.  If, on the basis of departmental records,

23  there appears to be any other lien on the vessel, the

24  certificate of title must contain a statement of such a lien,

25  unless the application for a certificate of title is either

26  accompanied by proper evidence of the satisfaction or

27  extinction of the lien or contains a statement certifying that

28  any lienholder named on the last-issued certificate of title

29  has been sent notice by certified mail, at least 5 days before

30  the application was filed, of the applicant's intention to

31  seek a repossessed title.  If such notice is given and no


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                                     CS/CS/HB 807, First Engrossed



  1  written protest to the department is presented by a subsequent

  2  lienholder within 15 days after the date on which the notice

  3  was mailed, the certificate of title shall be issued showing

  4  no liens.  If the former owner or any subsequent lienholder

  5  files a written protest under oath within the 15-day period,

  6  the department shall not issue the repossessed certificate for

  7  10 days thereafter.  If, within the 10-day period, no

  8  injunction or other order of a court of competent jurisdiction

  9  has been served on the department commanding it not to deliver

10  the certificate, the department shall deliver the repossessed

11  certificate to the applicant, or as is otherwise directed in

12  the application, showing no other liens than those shown in

13  the application.

14

15  The department shall adopt suitable language that must appear

16  upon the certificate of title to effectuate the manner in

17  which the interest in or title to the vessel is held.

18         Section 73.  Subsection (2) of section 328.42, Florida

19  Statutes, is amended to read:

20         328.42  Suspension or denial of a vessel registration

21  due to child support delinquency; dishonored checks.--

22         (2)  The department may deny or cancel any vessel

23  registration, license plate, or fuel-use tax decal if the

24  owner pays for the registration, license plate, fuel-use tax

25  decal, or any tax liability, penalty, or interest specified in

26  chapter 207 by a dishonored check if the owner pays for the

27  registration by a dishonored check.

28         Section 74.  Section 328.56, Florida Statutes, is

29  amended to read:

30

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                                     CS/CS/HB 807, First Engrossed



  1         328.56  Vessel registration number.--Each vessel that

  2  is used on the waters of the state must display a commercial

  3  or recreational Florida registration number, unless it is:

  4         (1)  A vessel used exclusively on private lakes and

  5  ponds.

  6         (2)  A vessel owned by the United States Government.

  7         (3)  A vessel used exclusively as a ship's lifeboat.

  8         (4)  A non-motor-powered vessel.

  9         (5)  A federally documented vessel.

10         (6)  A vessel already covered by a registration number

11  in full force and effect which has been awarded to it pursuant

12  to a federally approved numbering system of another state or

13  by the United States Coast Guard in a state without a

14  federally approved numbering system, if the vessel has not

15  been within this state for a period in excess of 90

16  consecutive days.

17         (7)  A vessel operating under a valid temporary

18  certificate of number.

19         (8)  A vessel from a country other than the United

20  States temporarily using the waters of this state.

21         (9)  An undocumented vessel used exclusively for

22  racing.

23         Section 75.  Subsection (4) of section 328.72, Florida

24  Statutes, is amended to read:

25         328.72  Classification; registration; fees and charges;

26  surcharge; disposition of fees; fines; marine turtle

27  stickers.--

28         (4)  TRANSFER OF OWNERSHIP.--

29         (a)  When the ownership of a registered vessel changes,

30  an application for transfer of registration shall be filed

31  with the county tax collector by the new owner within 30 days


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                                     CS/CS/HB 807, First Engrossed



  1  with a fee of $3.25.  The county tax collector shall retain

  2  $2.25 of the fee and shall remit $1 to the department. A

  3  refund may not be made for any unused portion of a

  4  registration period.

  5         (b)  If a vessel is an antique as defined in subsection

  6  (2), the application shall be accompanied by either a

  7  certificate of title, a bill of sale and a registration, or a

  8  bill of sale and an affidavit by the owner defending the title

  9  from all claims. The bill of sale must contain a complete

10  vessel description to include the hull identification number

11  and engine number, if appropriate; the year, make, and color

12  of the vessel; the selling price; and the signatures of the

13  seller and purchaser.

14         Section 76.  Effective July 1, 2001, subsection (1) of

15  section 328.76, Florida Statutes, is amended to read:

16         328.76  Marine Resources Conservation Trust Fund;

17  vessel registration funds; appropriation and distribution.--

18         (1)  Except as otherwise specified and less $1.4

19  million for any administrative costs which shall be deposited

20  in the Highway Safety Operating Trust Fund, in each fiscal

21  year beginning on or after July 1, 2001, all funds collected

22  from the registration of vessels through the Department of

23  Highway Safety and Motor Vehicles and the tax collectors of

24  the state, except for those funds designated for the use of

25  the counties pursuant to s. 328.72(1), shall be deposited in

26  the Marine Resources Conservation Trust Fund for recreational

27  channel marking; public launching facilities; law enforcement

28  and quality control programs; aquatic weed control; manatee

29  protection, recovery, rescue, rehabilitation, and release; and

30  marine mammal protection and recovery. The funds collected

31  pursuant to s. 328.72(1) shall be transferred as follows:


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                                     CS/CS/HB 807, First Engrossed



  1         (a)  In each fiscal year, an amount equal to $1.50 for

  2  each vessel registered in this state shall be transferred to

  3  the Save the Manatee Trust Fund and shall be used only for the

  4  purposes specified in s. 370.12(4).

  5         (b)  Two dollars from each noncommercial vessel

  6  registration fee, except that for class A-1 vessels, shall be

  7  transferred to the Invasive Plant Control Trust Fund for

  8  aquatic weed research and control.

  9         (c)  Forty percent of the registration fees from

10  commercial vessels shall be transferred to the Invasive Plant

11  Control Trust Fund for aquatic plant research and control.

12         (d)  Forty percent of the registration fees from

13  commercial vessels shall be transferred by the Department of

14  Highway Safety and Motor Vehicles, on a monthly basis, to the

15  General Inspection Trust Fund of the Department of Agriculture

16  and Consumer Services. These funds shall be used for shellfish

17  and aquaculture law enforcement and quality control programs.

18         Section 77.  Subsections (4) and (6) of section 713.78,

19  Florida Statutes, are amended to read:

20         713.78  Liens for recovering, towing, or storing

21  vehicles and documented vessels.--

22         (4)(a)  Any person regularly engaged in the business of

23  recovering, towing, or storing vehicles or vessels who comes

24  into possession of a vehicle or vessel pursuant to subsection

25  (2), and who claims a lien for recovery, towing, or storage

26  services, shall give notice to the registered owner, the

27  insurance company insuring the vehicle notwithstanding the

28  provisions of s. 627.736, and to all persons claiming a lien

29  thereon, as disclosed by the records in the Department of

30  Highway Safety and Motor Vehicles or of a corresponding agency

31  in any other state.


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                                     CS/CS/HB 807, First Engrossed



  1         (b)  Whenever any law enforcement agency authorizes the

  2  removal of a vehicle or whenever any towing service, garage,

  3  repair shop, or automotive service, storage, or parking place

  4  notifies the law enforcement agency of possession of a vehicle

  5  pursuant to s. 715.07(2)(a)2., the applicable law enforcement

  6  agency shall contact the Department of Highway Safety and

  7  Motor Vehicles, or the appropriate agency of the state of

  8  registration, if known, within 24 hours through the medium of

  9  electronic communications, giving the full description of the

10  vehicle. Upon receipt of the full description of the vehicle,

11  the department shall search its files to determine the owner's

12  name, the insurance company insuring the vehicle, and whether

13  any person has filed a lien upon the vehicle as provided in s.

14  319.27(2) and (3) and notify the applicable law enforcement

15  agency within 72 hours. The person in charge of the towing

16  service, garage, repair shop, or automotive service, storage,

17  or parking place shall obtain such information from the

18  applicable law enforcement agency within 5 days from the date

19  of storage and shall give notice pursuant to paragraph (a).

20  The department may release the insurance company information

21  to the requestor notwithstanding the provisions of s. 627.736.

22         (c)(b)  Notice by certified mail, return receipt

23  requested, shall be sent within 7 business days after the date

24  of storage of the vehicle or vessel to the registered owner,

25  the insurance company insuring the vehicle notwithstanding the

26  provisions of s. 627.736, and to all persons of record

27  claiming a lien against the vehicle or vessel.  It shall state

28  the fact of possession of the vehicle or vessel, that a lien

29  as provided in subsection (2) is claimed, that charges have

30  accrued and the amount thereof, that the lien is subject to

31  enforcement pursuant to law, and that the owner or lienholder,


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                                     CS/CS/HB 807, First Engrossed



  1  if any, has the right to a hearing as set forth in subsection

  2  (5), and that any vehicle or vessel which remains unclaimed,

  3  or for which the charges for recovery, towing, or storage

  4  services remain unpaid, may be sold after 35 days free of all

  5  prior liens after 35 days if the vehicle or vessel is more

  6  than 3 years of age and after 50 days if the vehicle or vessel

  7  is 3 years of age or less.

  8         (d)(c)  If attempts to locate the owner or lienholder

  9  prove unsuccessful, the towing-storage operator shall, after 7

10  working days, excluding Saturday and Sunday, of the initial

11  tow or storage, notify the public agency of jurisdiction in

12  writing by certified mail or acknowledged hand delivery that

13  the towing-storage company has been unable to locate the owner

14  or lienholder and a physical search of the vehicle or vessel

15  has disclosed no ownership information and a good faith effort

16  has been made.  For purposes of this paragraph and, subsection

17  (9), and s. 715.05, "good faith effort" means that the

18  following checks have been performed by the company to

19  establish prior state of registration and for title:

20         1.  Check of vehicle or vessel for any type of tag, tag

21  record, temporary tag, or regular tag.

22         2.  Check of law enforcement report for tag number or

23  other information identifying the vehicle or vessel, if the

24  vehicle or vessel was towed at the request of a law

25  enforcement officer.

26         3.  Check of trip sheet or tow ticket of tow truck

27  operator to see if a tag was on vehicle at beginning of tow,

28  if private tow.

29         4.  If there is no address of the owner on the impound

30  report, check of law enforcement report to see if an

31


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                                     CS/CS/HB 807, First Engrossed



  1  out-of-state address is indicated from driver license

  2  information.

  3         5.  Check of vehicle or vessel for inspection sticker

  4  or other stickers and decals that may indicate a state of

  5  possible registration.

  6         6.  Check of the interior of the vehicle or vessel for

  7  any papers that may be in the glove box, trunk, or other areas

  8  for a state of registration.

  9         7.  Check of vehicle for vehicle identification number.

10         8.  Check of vessel for vessel registration number.

11         9.  Check of vessel hull for a hull identification

12  number which should be carved, burned, stamped, embossed, or

13  otherwise permanently affixed to the outboard side of the

14  transom or, if there is no transom, to the outmost seaboard

15  side at the end of the hull that bears the rudder or other

16  steering mechanism.

17         (6)  Any vehicle or vessel which is stored pursuant to

18  subsection (2) and which remains unclaimed, or for which

19  reasonable charges for recovery, towing, or storing remain

20  unpaid or for which a lot rental amount is due and owing to

21  the mobile home park owner, as evidenced by a judgment for

22  unpaid rent, and any contents not released pursuant to

23  subsection (10), may be sold by the owner or operator of the

24  storage space for such towing or storage charge or unpaid lot

25  rental amount after 35 days from the time the vehicle or

26  vessel is stored therein if the vehicle or vessel is more than

27  3 years of age and after 50 days from the time the vehicle or

28  vessel is stored therein if the vehicle or vessel is 3 years

29  of age or less. The sale shall be at public auction for cash.

30  If the date of the sale was not included in the notice

31  required in subsection (4), notice of the sale shall be given


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                                     CS/CS/HB 807, First Engrossed



  1  to the person in whose name the vehicle, vessel, or mobile

  2  home is registered, to the mobile home park owner, and to all

  3  persons claiming a lien on the vehicle or vessel as shown on

  4  the records of the Department of Highway Safety and Motor

  5  Vehicles or of the corresponding agency in any other state.

  6  Notice shall be sent by certified mail, return receipt

  7  requested, to the owner of the vehicle or vessel and the

  8  person having the recorded lien on the vehicle or vessel at

  9  the address shown on the records of the registering agency and

10  shall be mailed not less than 15 days before the date of the

11  sale. After diligent search and inquiry, if the name and

12  address of the registered owner or the owner of the recorded

13  lien cannot be ascertained, the requirements of notice by mail

14  may be dispensed with.  In addition to the notice by mail,

15  public notice of the time and place of sale shall be made by

16  publishing a notice thereof one time, at least 10 days prior

17  to the date of the sale, in a newspaper of general circulation

18  in the county in which the sale is to be held.  The proceeds

19  of the sale, after payment of reasonable towing and storage

20  charges, costs of the sale, and the unpaid lot rental amount,

21  in that order of priority, shall be deposited with the clerk

22  of the circuit court for the county if the owner is absent,

23  and the clerk shall hold such proceeds subject to the claim of

24  the person legally entitled thereto. The clerk shall be

25  entitled to receive 5 percent of such proceeds for the care

26  and disbursement thereof.  The certificate of title issued

27  under this law shall be discharged of all liens unless

28  otherwise provided by court order.

29         Section 78.  Section 715.05, Florida Statutes, is

30  repealed.

31


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                                     CS/CS/HB 807, First Engrossed



  1         Section 79.  Subsection (1) of section 681.1096,

  2  Florida Statutes, is amended to read:

  3         681.1096  Pilot RV Mediation and Arbitration Program;

  4  creation and qualifications.--

  5         (1)  This section and s. 681.1097 shall apply to

  6  disputes determined eligible under this chapter involving

  7  recreational vehicles acquired on or after October 1, 1997,

  8  and shall remain in effect until September 30, 2002 2001, at

  9  which time recreational vehicle disputes shall be subject to

10  the provisions of ss. 681.109 and 681.1095. The Attorney

11  General shall report annually to the President of the Senate,

12  the Speaker of the House of Representatives, the Minority

13  Leader of each house of the Legislature, and appropriate

14  legislative committees regarding the effectiveness efficiency

15  and cost-effectiveness of the pilot program.

16         Section 80.  Subsections (5) and (7) of section

17  681.1097, Florida Statutes, are amended to read:

18         681.1097  Pilot RV Mediation and Arbitration Program;

19  dispute eligibility and program function.--

20         (5)  If the mediation ends in an impasse, or if a

21  manufacturer fails to comply with the settlement entered into

22  between the parties, the program administrator shall schedule

23  the dispute for an arbitration hearing. Arbitration

24  proceedings shall be open to the public on reasonable and

25  nondiscriminatory terms.

26         (a)  The arbitration hearing shall be conducted by a

27  single arbitrator assigned by the program administrator.  The

28  arbitrator shall not be the same person as the mediator who

29  conducted the prior mediation conference in the dispute.  The

30  parties may factually object to an arbitrator based on the

31  arbitrator's past or present relationship with a party or a


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                                     CS/CS/HB 807, First Engrossed



  1  party's attorney, direct or indirect, whether financial,

  2  professional, social, or of any other kind.  The program

  3  administrator shall consider any such objection, determine its

  4  validity, and notify the parties of any determination.  If the

  5  objection is determined valid, the program administrator shall

  6  assign another arbitrator to the case.

  7         (b)  The arbitrator may issue subpoenas for the

  8  attendance of witnesses and for the production of records,

  9  documents, and other evidence. Subpoenas so issued shall be

10  served and, upon application to the court by a party to the

11  arbitration, enforced in the manner provided by law for the

12  service and enforcement of subpoenas in civil actions. Fees

13  for attendance as a witness shall be the same as for a witness

14  in the circuit court.

15         (c)  At all program arbitration proceedings, the

16  parties may present oral and written testimony, present

17  witnesses and evidence relevant to the dispute, cross-examine

18  witnesses, and be represented by counsel.  The arbitrator

19  shall record the arbitration hearing and shall have the power

20  to administer oaths.  The arbitrator may inspect the vehicle

21  if requested by a party or if the arbitrator considers such

22  inspection appropriate.

23         (d)  The program arbitrator may continue a hearing on

24  his or her own motion or upon the request of a party for good

25  cause shown.  A request for continuance by the consumer

26  constitutes a waiver of the time period set forth in s.

27  681.1096(3)(k) for completion of all proceedings under the

28  program.

29         (e)  Where the arbitration is the result of a

30  manufacturer's failure to perform in accordance with a

31  settlement mediation agreement, any relief to the consumer


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                                     CS/CS/HB 807, First Engrossed



  1  granted by the arbitration will be no less than the relief

  2  agreed to by the manufacturer in the settlement agreement.

  3         (f)  The arbitrator shall grant relief if a reasonable

  4  number of attempts have been undertaken to correct a

  5  nonconformity or nonconformities.

  6         (g)  The program arbitrator shall render a decision

  7  within 10 days of the closing of the hearing. The decision

  8  shall be in writing on a form prescribed or approved by the

  9  department. The program administrator shall send a copy of the

10  decision to the consumer and each involved manufacturer by

11  registered mail. The program administrator shall also send a

12  copy of the decision to the department within 5 days of

13  mailing to the parties.

14         (h)  A manufacturer shall comply with an arbitration

15  decision within 40 days of the date the manufacturer receives

16  the written decision. Compliance occurs on the date the

17  consumer receives delivery of an acceptable replacement motor

18  vehicle or the refund specified in the arbitration award. If a

19  manufacturer fails to comply within the time required, the

20  consumer must notify the program administrator in writing

21  within 10 days. The program administrator shall notify the

22  department of a manufacturer's failure to comply. The

23  department shall have the authority to enforce compliance with

24  arbitration decisions under this section in the same manner as

25  is provided for enforcement of compliance with board decisions

26  under s. 681.1095(10). In any civil action arising under this

27  chapter and relating to a dispute arbitrated pursuant to this

28  section, the decision of the arbitrator is admissible in

29  evidence.

30         (i)  Either party may request that the program

31  arbitrator make a technical correction to the decision by


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                                     CS/CS/HB 807, First Engrossed



  1  filing a written request with the program administrator within

  2  10 days after receipt of the written decision. Technical

  3  corrections shall be limited to computational errors,

  4  correction of a party's name or information regarding the

  5  recreational vehicle, and typographical or spelling errors.

  6  Technical correction of a decision shall not toll the time for

  7  filing an appeal or for manufacturer compliance.

  8         (7)  A decision of the arbitrator is binding unless

  9  appealed by either party by filing a petition with the circuit

10  court within the time and in the manner prescribed by s.

11  681.1095(10) and (12). Section 681.1095(13) and (14) apply to

12  appeals filed under this section. Either party may make

13  application to the circuit court for the county in which one

14  of the parties resides or has a place of business or, if

15  neither party resides or has a place of business in this

16  state, the county where the arbitration hearing was held, for

17  an order confirming, vacating, modifying, or correcting any

18  award, in accordance with the provisions of this section and

19  ss. 682.12, 682.13, 682.14, 682.15, and 682.17. Such

20  application must be filed within 30 days of the moving party's

21  receipt of the written decision or the decision becomes final.

22  Upon filing such application, the moving party shall mail a

23  copy to the department and, upon entry of any judgment or

24  decree, shall mail a copy of such judgment or decree to the

25  department. A review of such application by the circuit court

26  shall be confined to the record of the proceedings before the

27  program arbitrator. The court shall conduct a de novo review

28  of the questions of law raised in the application. In addition

29  to the grounds set forth in ss. 682.13 and 682.14, the court

30  shall consider questions of fact raised in the application. In

31  reviewing questions of fact, the court shall uphold the award


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                                     CS/CS/HB 807, First Engrossed



  1  unless it determines that the factual findings of the

  2  arbitrator are not supported by substantial evidence in the

  3  record and that the substantial rights of the moving party

  4  have been prejudiced. If the arbitrator fails to state

  5  findings or reasons for the stated award, or the findings or

  6  reasons are inadequate, the court shall search the record to

  7  determine whether a basis exists to uphold the award. The

  8  court shall expedite consideration of any application filed

  9  under this section on the calendar.

10         (a)  If a decision of a program arbitrator in favor of

11  a consumer is confirmed by the court, recovery by the consumer

12  shall include the pecuniary value of the award, attorney's

13  fees incurred in obtaining confirmation of the award, and all

14  costs and continuing damages in the amount of $25 per day for

15  each day beyond the 40-day period following a manufacturer's

16  receipt of the arbitrator's decision. If a court determines

17  the manufacturer acted in bad faith in bringing the appeal or

18  brought the appeal solely for the purpose of harassment, or in

19  complete absence of a justiciable issue of law or fact, the

20  court shall double, and may triple, the amount of the total

21  award.

22         (b)  An appeal of a judgment or order by the court

23  confirming, denying confirmation, modifying or correcting, or

24  vacating the award may be taken in the manner and to the same

25  extent as from orders or judgments in a civil action.

26         Section 81.  Section 681.115, Florida Statutes, is

27  amended to read:

28         681.115  Certain agreements void.--Any agreement

29  entered into by a consumer that waives, limits, or disclaims

30  the rights set forth in this chapter, or that requires a

31  consumer not to disclose the terms of such agreement as a


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                                     CS/CS/HB 807, First Engrossed



  1  condition thereof, is void as contrary to public policy.  The

  2  rights set forth in this chapter shall extend to a subsequent

  3  transferee of such motor vehicle.

  4         Section 82.  Section 715.07, Florida Statutes, is

  5  amended to read:

  6         715.07  Vehicles and vessels parked on private

  7  property; towing.--

  8         (1)  As used in this section, the terms:

  9         (a)  term "Vehicle" means any mobile item which

10  normally uses wheels, whether motorized or not.

11         (b)  "Vessel" means every description of watercraft,

12  barge, and air boat used or capable of being used as a means

13  of transportation on water, other than a seaplane or a

14  documented vessel, as defined in s. 327.02(8).

15         (2)  The owner or lessee of real property, or any

16  person authorized by the owner or lessee, which person may be

17  the designated representative of the condominium association

18  if the real property is a condominium, may cause any vehicle

19  or vessel parked on such property without her or his

20  permission to be removed by a person regularly engaged in the

21  business of towing vehicles or vessels, without liability for

22  the costs of removal, transportation, or storage or damages

23  caused by such removal, transportation, or storage, under any

24  of the following circumstances:

25         (a)  The towing or removal of any vehicle or vessel

26  from private property without the consent of the registered

27  owner or other legally authorized person in control of that

28  vehicle or vessel is subject to strict compliance with the

29  following conditions and restrictions:

30         1.a.  Any towed or removed vehicle or vessel must be

31  stored at a site within 10 miles of the point of removal in


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                                     CS/CS/HB 807, First Engrossed



  1  any county of 500,000 population or more, and within 15 miles

  2  of the point of removal in any county of less than 500,000

  3  population. That site must be open for the purpose of

  4  redemption of vehicles or vessels on any day that the person

  5  or firm towing such vehicle or vessel is open for towing

  6  purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall

  7  have prominently posted a sign indicating a telephone number

  8  where the operator of the site can be reached at all times.

  9  Upon receipt of a telephoned request to open the site to

10  redeem a vehicle or vessel, the operator shall return to the

11  site within 1 hour or she or he will be in violation of this

12  section.

13         b.  If no towing business providing such service is

14  located within the area of towing limitations set forth in

15  sub-subparagraph a., the following limitations apply:  any

16  towed or removed vehicle or vessel must be stored at a site

17  within 20 miles of the point of removal in any county of

18  500,000 population or more, and within 30 miles of the point

19  of removal in any county of less than 500,000 population.

20         2.  The person or firm towing or removing the vehicle

21  or vessel shall, within 30 minutes of completion of such

22  towing or removal, notify the municipal police department or,

23  in an unincorporated area, the sheriff of such towing or

24  removal, the storage site, the time the vehicle or vessel was

25  towed or removed, and the make, model, color, and license

26  plate number of the vehicle or the make, model, color, and

27  registration number of the vessel and shall obtain the name of

28  the person at that department to whom such information was

29  reported and note that name on the trip record.

30         3.  If the registered owner or other legally authorized

31  person in control of the vehicle or vessel arrives at the


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                                     CS/CS/HB 807, First Engrossed



  1  scene prior to removal or towing of the vehicle or vessel, the

  2  vehicle or vessel shall be disconnected from the towing or

  3  removal apparatus, and that person shall be allowed to remove

  4  the vehicle or vessel without interference upon the payment of

  5  a reasonable service fee of not more than one-half of the

  6  posted rate for such towing service as provided in

  7  subparagraph 6., for which a receipt shall be given, unless

  8  that person refuses to remove the vehicle or vessel which is

  9  otherwise unlawfully parked or located.

10         4.  The rebate or payment of money or any other

11  valuable consideration from the individual or firm towing or

12  removing vehicles or vessels to the owners or operators of the

13  premises from which the vehicles are towed or removed, for the

14  privilege of removing or towing those vehicles or vessels, is

15  prohibited.

16         5.  Except for property appurtenant to and obviously a

17  part of a single-family residence, and except for instances

18  when notice is personally given to the owner or other legally

19  authorized person in control of the vehicle or vessel that the

20  area in which that vehicle or vessel is parked is reserved or

21  otherwise unavailable for unauthorized vehicles or vessels and

22  subject to being removed at the owner's or operator's expense,

23  any property owner or lessee, or person authorized by the

24  property owner or lessee, prior to towing or removing any

25  vehicle or vessel from private property without the consent of

26  the owner or other legally authorized person in control of

27  that vehicle or vessel, must post a notice meeting the

28  following requirements:

29         a.  The notice must be prominently placed at each

30  driveway access or curb cut allowing vehicular access to the

31  property, within 5 feet from the public right-of-way line.  If


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                                     CS/CS/HB 807, First Engrossed



  1  there are no curbs or access barriers, the signs must be

  2  posted not less than one sign for each 25 feet of lot

  3  frontage.

  4         b.  The notice must clearly indicate, in not less than

  5  2-inch high, light-reflective letters on a contrasting

  6  background, that unauthorized vehicles will be towed away at

  7  the owner's expense. Owners or lessees that remove vessels

  8  from their properties shall post notice, consistent with the

  9  requirements of this subparagraph, that unauthorized vehicles

10  or vessels will be towed at the owner's expense.  The words

11  "tow-away zone" must be included on the sign in not less than

12  4-inch high letters.

13         c.  The notice must also provide the name and current

14  telephone number of the person or firm towing or removing the

15  vehicles or vessels, if the property owner, lessee, or person

16  in control of the property has a written contract with the

17  towing company.

18         d.  The sign structure containing the required notices

19  must be permanently installed with the words "tow-away zone"

20  not less than 3 feet and not more than 6 feet above ground

21  level and must be continuously maintained on the property for

22  not less than 24 hours prior to the towing or removal of any

23  vehicles or vessels.

24         e.  The local government may require permitting and

25  inspection of these signs prior to any towing or removal of

26  vehicles or vessels being authorized.

27         f.  A business with 20 or fewer parking spaces

28  satisfies the notice requirements of this subparagraph by

29  prominently displaying a sign stating "Reserved Parking for

30  Customers Only Unauthorized Vehicles or Vessels Will be Towed

31


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                                     CS/CS/HB 807, First Engrossed



  1  Away At the Owner's Expense" in not less than 4-inch high,

  2  light-reflective letters on a contrasting background.

  3

  4  A business owner or lessee may authorize the removal of a

  5  vehicle or vessel by a towing company when the vehicle is

  6  parked in such a manner that restricts the normal operation of

  7  business; and if a vehicle or vessel parked on a public

  8  right-of-way obstructs access to a private driveway the owner,

  9  lessee, or agent may have the vehicle or vessel removed by a

10  towing company upon signing an order that the vehicle or

11  vessel be removed without a posted tow-away zone sign.

12         6.  Any person or firm that tows or removes vehicles or

13  vessels and proposes to require an owner, operator, or person

14  in control of a vehicle or vessel to pay the costs of towing

15  and storage prior to redemption of the vehicle or vessel must

16  file and keep on record with the local law enforcement agency

17  a complete copy of the current rates to be charged for such

18  services and post at the storage site an identical rate

19  schedule and any written contracts with property owners,

20  lessees, or persons in control of property which authorize

21  such person or firm to remove vehicles or vessels as provided

22  in this section.

23         7.  Any person or firm towing or removing any vehicles

24  or vessels from private property without the consent of the

25  owner or other legally authorized person in control of the

26  vehicles or vessels shall, on any trucks, wreckers as defined

27  in s. 713.78(1)(b), or other vehicles used in the towing or

28  removal, have the name, address, and telephone number of the

29  company performing such service clearly printed in contrasting

30  colors on the driver and passenger sides of the vehicle.  The

31  name shall be in at least 3-inch permanently affixed letters,


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                                     CS/CS/HB 807, First Engrossed



  1  and the address and telephone number shall be in at least

  2  1-inch permanently affixed letters.

  3         8.  Vehicle entry for the purpose of removing the

  4  vehicle or vessel shall be allowed with reasonable care on the

  5  part of the person or firm towing the vehicle or vessel.  Such

  6  person or firm shall be liable for any damage occasioned to

  7  the vehicle or vessel if such entry is not in accordance with

  8  the standard of reasonable care.

  9         9.  When a vehicle or vessel has been towed or removed

10  pursuant to this section, it must be released to its owner or

11  custodian within one hour after requested.  Any vehicle or

12  vessel owner, custodian, or agent shall have the right to

13  inspect the vehicle or vessel before accepting its return, and

14  no release or waiver of any kind which would release the

15  person or firm towing the vehicle or vessel from liability for

16  damages noted by the owner or other legally authorized person

17  at the time of the redemption may be required from any vehicle

18  or vessel owner, custodian, or agent as a condition of release

19  of the vehicle or vessel to its owner.  A detailed, signed

20  receipt showing the legal name of the company or person towing

21  or removing the vehicle or vessel must be given to the person

22  paying towing or storage charges at the time of payment,

23  whether requested or not.

24         (b)  These requirements shall be the minimum standards

25  and shall not preclude enactment of additional regulations by

26  any municipality or county including the right to regulate

27  rates when vehicles or vessels are towed from private

28  property.

29         (3)  This section does not apply to law enforcement,

30  firefighting, rescue squad, ambulance, or other emergency

31


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                                     CS/CS/HB 807, First Engrossed



  1  vehicles or vessels which are marked as such or to property

  2  owned by any governmental entity.

  3         (4)  When a person improperly causes a vehicle or

  4  vessel to be removed, such person shall be liable to the owner

  5  or lessee of the vehicle or vessel for the cost of removal,

  6  transportation, and storage; any damages resulting from the

  7  removal, transportation, or storage of the vehicle; attorneys'

  8  fees; and court costs.

  9         (5)  Failure to make good faith best efforts to comply

10  with the notice requirement of this section, as appropriate,

11  shall preclude the imposition of any towing or storage charges

12  against such vehicle or vessel.

13         (6)(5)(a)  Any person who violates the provisions of

14  subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is

15  guilty of a misdemeanor of the first degree, punishable as

16  provided in s. 775.082 or s. 775.083.

17         (b)  Any person who violates the provisions of

18  subparagraph (2)(a)7. commits is guilty of a felony of the

19  third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084.

21         Section 83.  Subsection (3) is added to section 832.09,

22  Florida Statutes, to read:

23         832.09  Suspension of driver license after warrant or

24  capias is issued in worthless check case.--

25         (3)  The Department of Highway Safety and Motor

26  Vehicles shall create a standardized form to be distributed to

27  the clerks of the court in each county for the purpose of

28  notifying the department that a person has satisfied the

29  requirements of the court. Notices of compliance with the

30  court's requirements shall be on the standardized form

31  provided by the department.


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                                     CS/CS/HB 807, First Engrossed



  1         Section 84.  Subsection (10) of section 212.08, Florida

  2  Statutes, is amended to read:

  3         212.08  Sales, rental, use, consumption, distribution,

  4  and storage tax; specified exemptions.--The sale at retail,

  5  the rental, the use, the consumption, the distribution, and

  6  the storage to be used or consumed in this state of the

  7  following are hereby specifically exempt from the tax imposed

  8  by this chapter.

  9         (10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT

10  OF ANOTHER STATE.--The tax collected on the sale of a new or

11  used motor vehicle in this state to a resident of another

12  state shall be an amount equal to the sales tax which would be

13  imposed on such sale under the laws of the state of which the

14  purchaser is a resident, except that such tax shall not exceed

15  the tax that would otherwise be imposed under this chapter.

16  At the time of the sale, the purchaser shall execute a

17  notarized statement of his or her intent to license the

18  vehicle in the state of which the purchaser is a resident

19  within 45 days of the sale and of the fact of the payment to

20  the State of Florida of a sales tax in an amount equivalent to

21  the sales tax of his or her state of residence and shall

22  submit the statement to the appropriate sales tax collection

23  agency in his or her state of residence. Nothing in this

24  subsection shall be construed to require the removal of the

25  vehicle from this state following the filing of an intent to

26  license the vehicle in the purchaser's home state if the

27  purchaser licenses the vehicle in his or her home state within

28  45 days after the date of sale. Nothing herein shall require

29  the payment of tax to the State of Florida for assessments

30  made prior to July 1, 2001, if the tax imposed by this section

31  has been paid to the state in which the vehicle was licensed


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                                     CS/CS/HB 807, First Engrossed



  1  and the department has assessed a like amount of tax on the

  2  same transactions. This provision shall apply retroactively to

  3  assessments that have been protested prior to August 1, 1999,

  4  and have not been paid on the date this act takes effect.

  5         Section 85.  Chapter 261, Florida Statutes, consisting

  6  of sections 261.01, 261.02, 261.03, 261.04, 261.05, 261.06,

  7  261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida

  8  Statutes, is created to read:

  9         261.01  Short title.--This chapter may be cited as the

10  "T. Mark Schmidt Off-Highway-Vehicle Safety and Recreation

11  Act."

12         261.02  Legislative findings, declarations, and

13  intent.--

14         (1)  The Legislature finds that off-highway vehicles

15  are becoming increasingly popular in this state and that the

16  use of these vehicles should be controlled and managed to

17  minimize negative effects on the environment, wildlife

18  habitats, native wildlife, and native flora.

19         (2)  The Legislature declares that effectively managed

20  areas and adequate facilities for the use of off-highway

21  vehicles are compatible with this state's overall recreation

22  plan and the underlying goal of multiple use.

23         (3)  It is the intent of the Legislature that:

24         (a)  Existing off-highway-vehicle recreational areas,

25  facilities, and opportunities be improved and appropriately

26  expanded, and be managed in a manner consistent with this

27  chapter, in order to maintain natural resources and sustained

28  long-term use of off-highway-vehicle trails and areas.

29         (b)  New off-highway-vehicle recreational areas,

30  facilities, and opportunities be provided and managed pursuant

31


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                                     CS/CS/HB 807, First Engrossed



  1  to this chapter in a manner that will sustain both long-term

  2  use and the environment.

  3         (c)  Nothing contained within this act shall be

  4  construed to require the construction or maintenance of

  5  off-highway-vehicle recreation areas, facilities, or trails on

  6  public lands where such construction or maintenance would be

  7  inconsistent with the property's management objectives or land

  8  management plan.

  9         261.03  Definitions.--As used in this chapter, the

10  term:

11         (1)  "Advisory committee" means the Off-Highway-Vehicle

12  Recreation Advisory Committee created by s. 261.04.

13         (2)  "ATV" means any motorized off-highway or

14  all-terrain vehicle 50 inches or less in width, having a dry

15  weight of 900 pounds or less, designed to travel on three or

16  more low-pressure tires, having a seat designed to be

17  straddled by the operator and handlebars for steering control,

18  and intended for use by a single operator with no passenger.

19         (3)  "Department" means the Department of Agriculture

20  and Consumer Services.

21         (4)  "Division" means the Division of Forestry of the

22  Department of Agriculture and Consumer Services.

23         (5)  "OHM" or "off-highway motorcycle" means any motor

24  vehicle used off the roads or highways of this state which has

25  a seat or saddle for the use of the rider and is designed to

26  travel with not more than two wheels in contact with the

27  ground, but excludes a tractor or a moped.

28         (6)  "Off-highway vehicle" means any ATV or OHM used

29  off the roads or highways of this state for recreational

30  purposes and which is not registered and licensed for highway

31  use under chapter 320.


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                                     CS/CS/HB 807, First Engrossed



  1         (7)  "Program" means the Off-Highway-Vehicle Recreation

  2  Program.

  3         (8)  "Public lands" means lands within the State of

  4  Florida which are available for public use and which are

  5  owned, operated, or managed by a federal, state, county, or

  6  municipal governmental entity.

  7         (9)  "System" means the off-highway-vehicle recreation

  8  areas and trails on public lands within the state.

  9         (10)  "Trust fund" means the Incidental Trust Fund of

10  the Division of Forestry of the Department of Agriculture and

11  Consumer Services.

12         261.04  Creation of the Off-Highway-Vehicle Recreation

13  Advisory Committee; members; appointment.--

14         (1)  The Off-Highway-Vehicle Recreation Advisory

15  Committee is created within the Division of Forestry and shall

16  consist of nine members, all of whom shall appointed by the

17  Commissioner of Agriculture. The appointees shall include one

18  representative of the Department of Agriculture and Consumer

19  Services, one representative of the Department of Highway

20  Safety and Motor Vehicles, one representative of the Office of

21  Greenways and Trails of the Department of Environmental

22  Protection, one representative of the Fish and Wildlife

23  Conservation Commission, one citizen with scientific expertise

24  in disciplines relating to ecology, wildlife biology, or other

25  environmental sciences, one representative of a licensed

26  off-highway-vehicle dealer, and three representatives of

27  off-highway-vehicle recreation groups. In making these

28  appointments, the commissioner shall consider the places of

29  residence of the members to ensure statewide representation.

30         (2)  The term of office of each member of the advisory

31  committee is 2 years. The members first appointed shall


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                                     CS/CS/HB 807, First Engrossed



  1  classify themselves by lot so that the terms of four members

  2  expire June 30, 2003, and the terms of five members expire

  3  June 30, 2004.

  4         (3)  In case of a vacancy on the committee, the

  5  commissioner shall appoint a successor member for the

  6  unexpired portion of the term.

  7         (4)  The members shall elect a chair from among

  8  themselves who shall serve for 1 year or until a successor is

  9  elected.

10         (5)  The members of the advisory committee shall serve

11  without compensation, but shall be paid travel and per diem as

12  provided in s. 112.061 while in the performance of their

13  official duties.

14         261.05  Duties and responsibilities of the

15  Off-Highway-Vehicle Recreation Advisory Committee.--

16         (1)  The advisory committee shall establish policies to

17  guide the department regarding the off-highway-vehicle

18  recreational program and the system of off-highway-vehicle

19  recreation areas and trails.

20         (2)  The advisory committee shall make recommendations

21  to the department regarding off-highway-vehicle safety and

22  training and education programs in the operation of such

23  vehicles.

24         (3)  The advisory committee must be informed of all

25  governmental activities affecting the program.

26         (4)  The advisory committee must be informed of

27  off-highway-vehicle impacts and effects on the environment,

28  wildlife habitats, and native flora and fauna, and shall make

29  recommendations to avoid or minimize adverse environmental

30  impacts and promote sustained, long-term use.

31


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                                     CS/CS/HB 807, First Engrossed



  1         (5)  The advisory committee must be fully informed of

  2  the inventory of off-highway-vehicle access and opportunities.

  3         (6)  The advisory committee shall meet at various times

  4  and locations throughout the state to receive public comments

  5  on the implementation of the program and shall take these

  6  public comments into consideration when making its

  7  recommendations.

  8         (7)  The advisory committee shall review and make

  9  recommendations annually regarding the department's proposed

10  budget of expenditures from the designated off-highway-vehicle

11  funds in the trust fund, which may include providing funds to

12  match grant funds available from other sources.

13         (8)  The advisory committee shall make recommendations

14  regarding all capital outlay expenditures from the trust fund

15  proposed for inclusion in the budget.

16         (9)  The advisory committee shall review grant

17  applications submitted by any governmental agency or entity or

18  nongovernmental entity requesting moneys from the trust fund

19  to create, operate, manage, or improve off-highway-vehicle

20  recreation areas or trails within the state, protect and

21  restore affected natural areas in the system, or provide

22  off-highway-vehicle driver education. The advisory committee

23  shall recommend to the department approval or denial of such

24  grant applications based upon criteria established by the

25  advisory committee.

26         261.06  Functions, duties, and responsibilities of the

27  department.--The following are functions, duties, and

28  responsibilities of the department through the division:

29         (1)  Coordination of the planning, development,

30  conservation, and rehabilitation of state lands in and for the

31  system.


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                                     CS/CS/HB 807, First Engrossed



  1         (2)  Coordination of the management, maintenance,

  2  administration, and operation of state lands in the system,

  3  and the provision of law enforcement and appropriate public

  4  safety activities.

  5         (3)  Management of the trust fund and approval of the

  6  advisory committee's budget recommendations.

  7         (4)  Implementation of the program, including the

  8  ultimate approval of grant applications submitted by

  9  governmental agencies or entities or nongovernmental entities.

10         (5)  Coordination to help ensure compliance with

11  environmental laws and regulations of the program and lands in

12  the system.

13         (6)  The implementation of the policies established by

14  the advisory committee.

15         (7)  Provision of staff assistance to the advisory

16  committee.

17         (8)  Preparation of plans for lands in, or proposed to

18  be included in, the system.

19         (9)  Conducting surveys and the preparation of studies

20  as are necessary or desirable for implementing the program.

21         (10)  Recruitment and utilization of volunteers to

22  further the program.

23         (11)  Rulemaking authority to implement the provisions

24  of ss. 261.01-261.10.

25         261.07  Publication and distribution of guidebook;

26  contents.--In consultation with the advisory committee, the

27  department shall publish a guidebook, including the text of

28  this chapter, other laws and regulations relating to the

29  program, and maps of areas and trails for the system. The

30  guidebook may include other public areas, trails, and

31  facilities for the use of off-highway vehicles. The guidebook


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                                     CS/CS/HB 807, First Engrossed



  1  must include information regarding the responsibilities of

  2  users of the system and must set forth pertinent laws, rules,

  3  and regulations, including particular provisions and other

  4  information intended to prevent trespass and damage to public

  5  or private property. The guidebook must be prepared at minimal

  6  cost to facilitate the broadest possible distribution and must

  7  be available for distribution no later than October 1, 2002.

  8         261.08  Repair, maintenance, and rehabilitation of

  9  areas, trails, and lands.--

10         (1)  The protection of public safety, the appropriate

11  use of lands in the system, and the conservation of the

12  environment, wildlife habitats, native wildlife, and native

13  flora in the system are of the highest priority in the

14  management of the system. Accordingly, the public land

15  managing agency shall avoid or minimize adverse impacts to the

16  environment, promptly repair and continuously maintain areas

17  and trails, anticipate and prevent accelerated erosion, and

18  rehabilitate lands to the extent damaged by

19  off-highway-vehicle use in accordance with the management

20  plans of the public land managing agency.

21         (2)  The public land managing agency shall monitor the

22  condition of soils and wildlife habitat in each area of the

23  system to determine whether there is compliance with

24  applicable environmental laws and regulations and take

25  appropriate action as necessary.

26         261.09  Contracts and agreements.--The public land

27  managing agency may contract with private persons or entities

28  and enter into cooperative agreements with other public

29  agencies for the care and maintenance of lands in the system,

30  including contracts for law enforcement services with public

31  agencies having law enforcement powers.


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                                     CS/CS/HB 807, First Engrossed



  1         261.10  Criteria for recreation areas and

  2  trails.--Publicly owned or operated off-highway-vehicle

  3  recreation areas and trails shall be designated and maintained

  4  for recreational travel by off-highway vehicles. These areas

  5  and trails need not be generally suitable or maintained for

  6  normal travel by conventional two-wheel-drive vehicles, and

  7  should not be designated as recreational foot paths. State

  8  off-highway-vehicle recreation areas and trails must be

  9  selected and managed in accordance with this chapter.

10         261.11  Penalties.--No off-highway vehicle may be

11  operated upon the public roads, streets, or highways of this

12  state, except as otherwise permitted by the managing state or

13  federal agency. A violation of this section is a noncriminal

14  traffic infraction, punishable as provided in chapter 318.

15         261.12  Designated off-highway-vehicle funds within the

16  Incidental Trust Fund of the Division of Forestry of the

17  Department of Agriculture and Consumer Services.--

18         (1)  The designated off-highway-vehicle funds of the

19  trust fund shall consist of deposits from the following

20  sources:

21         (a)  Fees paid to the Department of Highway Safety and

22  Motor Vehicles for the titling and registration of off-highway

23  vehicles;

24         (b)  Revenues and income from any other sources

25  required by law or as appropriated by the Legislature to be

26  deposited into the trust fund as designated

27  off-highway-vehicle funds;

28         (c)  Donations from private sources that are designated

29  as off-highway-vehicle funds; and

30         (d)  Interest earned on designated off-highway-vehicle

31  funds on deposit in the trust fund.


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                                     CS/CS/HB 807, First Engrossed



  1         (2)  Designated off-highway-vehicle funds in the trust

  2  fund shall be available for recommended allocation by the

  3  Off-Highway-Vehicle Recreation Advisory Committee and the

  4  Department of Agriculture and Consumer Services and upon

  5  annual appropriation by the Legislature, exclusively for the

  6  following:

  7         (a)  Implementation of the Off-Highway-Vehicle

  8  Recreation Program by the Department of Agriculture and

  9  Consumer Services, which includes personnel and other related

10  expenses; administrative and operating expenses; expenses

11  related to safety, training, rider education programs,

12  management, maintenance, and rehabilitation of lands in the

13  Off-Highway-Vehicle Recreation Program's system of lands and

14  trails; and, if funds are available, acquisition of lands to

15  be included in the system and the management, maintenance, and

16  rehabilitation of such lands.

17         (b)  Approved grants to governmental agencies or

18  entities or nongovernmental entities that wish to provide or

19  improve off-highway-vehicle recreation areas or trails for

20  public use on public lands, provide environmental protection

21  and restoration to affected natural areas in the system, or

22  provide education in the operation of off-highway vehicles.

23         (c)  Matching funds to be used to match grant funds

24  available from other sources.

25         (3)  Notwithstanding s. 216.301 and pursuant to s.

26  216.351, any balance of designated off-highway-vehicle funds

27  in the trust fund at the end of any fiscal year shall remain

28  therein and shall be available for the purposes set out in

29  this section and as otherwise provided by law.

30         Section 86.  Section 316.2074, Florida Statutes, is

31  amended to read:


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                                     CS/CS/HB 807, First Engrossed



  1         316.2074  All-terrain vehicles.--

  2         (1)  It is the intent of the Legislature, through the

  3  adoption of this section to provide safety protection for

  4  minors while operating an all-terrain vehicle in this state.

  5         (2)  As used in this section, the term "all-terrain

  6  vehicle" means any motorized off-highway vehicle 50 inches

  7  (1270 mm) or less in width, having a dry weight of 900 600

  8  pounds (273 kg) or less, designed to travel traveling on three

  9  or more low-pressure tires, designed for operator use only

10  with no passengers, having a seat or saddle designed to be

11  straddled by the operator, and having handlebars for steering

12  control, and intended for use by a single operator with no

13  passenger.

14         (3)  No person under 16 years of age shall operate,

15  ride, or be otherwise propelled on an all-terrain vehicle

16  unless the person wears a safety helmet meeting United States

17  Department of Transportation standards and eye protection.

18         (4)  If a crash results in the death of any person or

19  in the injury of any person which results in treatment of the

20  person by a physician, the operator of each all-terrain

21  vehicle involved in the crash shall give notice of the crash

22  pursuant to s. 316.066.

23         (5)  Except as provided in this section, an all-terrain

24  vehicle may not be operated upon the public roads, streets, or

25  highways of this state, except as otherwise permitted by the

26  managing state or federal agency.

27         (6)(5)  An all-terrain vehicle having four wheels may

28  be used by police officers on public beaches designated as

29  public roadways for the purpose of enforcing the traffic laws

30  of the state. All-terrain vehicles may also be used by the

31


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                                     CS/CS/HB 807, First Engrossed



  1  police to travel on public roadways within 5 miles of beach

  2  access only when getting to and from the beach.

  3         (7)(6)  A violation of this section is a noncriminal

  4  traffic infraction, punishable as a nonmoving violation as

  5  provided in chapter 318.

  6         Section 87.  Short title.--Sections 81 through 98 of

  7  this act may be cited as the "Florida Off-Highway-Vehicle

  8  Titling and Registration Act."

  9         Section 88.  Legislative intent.--It is the

10  Legislature's intent that all off-highway vehicles purchased

11  after the effective date of this act and all off-highway

12  vehicles operated on public lands be titled and issued a

13  certificate of title to allow for easy determination of

14  ownership. It is also the Legislature's intent that all

15  off-highway vehicles that are operated on public lands be

16  registered and issued a registration decal containing a

17  registration identification number to provide funding for the

18  creation, management, and maintenance of off-highway-vehicle

19  recreation areas and trails and their associated natural

20  resources within the state. Finally, it is the Legislature's

21  intent that all off-highway vehicles owned by non-Florida

22  residents shall be exempt from the titling and registration

23  requirements of this act and that all off-highway vehicles

24  owned by governmental entities shall be exempt from the

25  titling and registration fees imposed by this act with the

26  exception of the applicable fees as set forth in this act

27  which are necessary to cover the administrative costs of the

28  department and the service fees of the county tax collectors.

29  However, all applicable laws, rules, and regulations governing

30  off-highway-vehicle use and operation established by the

31  applicable public land managing agencies shall apply to all


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                                     CS/CS/HB 807, First Engrossed



  1  off-highway-vehicle users, including users that are

  2  non-Florida residents and governmental entities.

  3         Section 89.  Definitions.--As used in sections 81

  4  through 98 of this act, the term:

  5         (1)  "ATV" means any motorized off-highway or

  6  all-terrain vehicle 50 inches or less in width, having a dry

  7  weight of 900 pounds or less, designed to travel on three or

  8  more low-pressure tires, having a seat designed to be

  9  straddled by the operator and handlebars for steering control,

10  and intended for use by a single operator with no passenger.

11         (2)  "Dealer" means any person authorized by the

12  Department of Revenue to buy, sell, resell, or otherwise

13  distribute off-highway vehicles. Such person must have a valid

14  sales tax certificate of registration issued by the Department

15  of Revenue and a valid commercial or occupational license

16  required by any county, municipality, or political subdivision

17  of the state in which the person operates.

18         (3)  "Department" means the Department of Highway

19  Safety and Motor Vehicles.

20         (4)  "Florida resident" means a person who has had a

21  principal place of domicile in this state for a period of more

22  than 6 consecutive months, who has registered to vote in this

23  state, who has made a statement of domicile pursuant to s.

24  222.17, Florida Statutes, or who has filed for homestead tax

25  exemption on property in this state.

26         (5)  "OHM" or "off-highway motorcycle" means any motor

27  vehicle used off the roads or highways of this state which has

28  a seat or saddle for the use of the rider and is designed to

29  travel with not more than two wheels in contact with the

30  ground, but excludes a tractor or a moped.

31


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                                     CS/CS/HB 807, First Engrossed



  1         (6)  "Off-highway vehicle" means any ATV or OHM used

  2  off the roads or highways of this state for recreational

  3  purposes which is not registered and licensed for highway use

  4  pursuant to chapter 320.

  5         (7)  "Owner" means a person, other than a lienholder,

  6  having the property in or title to an off-highway vehicle,

  7  including a person entitled to the use or possession of an

  8  off-highway vehicle subject to an interest held by another

  9  person, reserved or created by agreement and securing payment

10  of performance of an obligation, but the term excludes a

11  lessee under a lease not intended as security.

12         (8)  "Public lands" means lands within the state which

13  are available for public use and which are owned, operated, or

14  managed by a federal, state, county, or municipal governmental

15  entity.

16         Section 90.  Administration of off-highway-vehicle

17  titling and registration laws; records.--

18         (1)  The administration of off-highway-vehicle titling

19  and registration laws in sections 81 through 98 of this act is

20  under the Department of Highway Safety and Motor Vehicles,

21  which shall provide for the issuing, handling, and recording

22  of all off-highway-vehicle titling and registration

23  applications and certificates, including the receipt and

24  accounting of off-highway-vehicle titling and registration

25  fees.

26         (2)  The department shall keep records and perform

27  other clerical duties pertaining to off-highway-vehicle

28  titling and registration as required.

29         Section 91.  Rules, forms, and notices.--

30         (1)  The department may adopt rules under ss.

31  120.536(1) and 120.54, Florida Statutes, which pertain to


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                                     CS/CS/HB 807, First Engrossed



  1  off-highway-vehicle titling and registration to implement the

  2  provisions of sections 81 through 98 of this act conferring

  3  duties upon it.

  4         (2)  The department shall prescribe and provide

  5  suitable forms for applications and other notices and forms

  6  necessary to administer the provisions of sections 81 through

  7  98 of this act.

  8         Section 92.  Certificate of title required.--

  9         (1)  Any off-highway vehicle that is purchased by a

10  resident of this state after the effective date of this act or

11  which is owned by a resident and is operated on the public

12  lands of this state must be titled pursuant to sections 81

13  through 98 of this act.

14         (2)  A person may not sell, assign, or transfer an

15  off-highway vehicle titled by the state without delivering to

16  the purchaser or transferee a valid certificate of title with

17  an assignment on it showing the transfer of title to the

18  purchaser or transferee. A person may not purchase or

19  otherwise acquire an off-highway vehicle required to be titled

20  without obtaining a certificate of title for the vehicle in

21  his or her name. The purchaser or transferee shall, within 30

22  days after a change in off-highway-vehicle ownership, file an

23  application for a title transfer with the county tax

24  collector. An additional $10 fee shall be charged against a

25  purchaser or transferee who files a title transfer application

26  after the 30-day period. The county tax collector may retain

27  $5 of the additional amount.

28         (3)  A certificate of title is prima facie evidence of

29  the ownership of the off-highway vehicle and is good for the

30  life of the off-highway vehicle so long as the certificate is

31  owned or held by the legal holder. If a titled off-highway


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                                     CS/CS/HB 807, First Engrossed



  1  vehicle is destroyed or abandoned, the owner, with the consent

  2  of any recorded lienholders, shall, within 30 days after the

  3  destruction or abandonment, surrender to the department all

  4  title documents for cancellation.

  5         (4)  The department shall provide labeled places on the

  6  title where the seller's price shall be indicated when an

  7  off-highway vehicle is sold and where a selling dealer shall

  8  record his or her valid sales tax certificate of registration

  9  number.

10         (5)(a)  There shall be a service charge of $4.25 for

11  each application that is handled in connection with the

12  issuance, duplication, or transfer of any certificate of

13  title.  There shall be a service charge of $1.25 for each

14  application that is handled in connection with the recordation

15  or notation of a lien on an off-highway vehicle which is not

16  in connection with the purchase of such vehicle.

17         (b)  The service charges specified in paragraph (a)

18  shall be collected by the department on any application

19  handled directly from its office.  Otherwise, these service

20  charges shall be collected and retained by the tax collector

21  who handles the application.

22         (c)  In addition to the fees provided in paragraph (a),

23  any tax collector may impose an additional service charge of

24  not more than 50 cents on any transaction specified in

25  paragraph (a) or on any transaction specified in subsection

26  (2) of section 94 of this act, when such transaction occurs at

27  any tax collector's branch office.

28         Section 93.  Application for and issuance of

29  certificate of title.--

30         (1)  The owner of an off-highway vehicle that is

31  required to be titled must apply to the county tax collector


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                                     CS/CS/HB 807, First Engrossed



  1  for a certificate of title. The application must include the

  2  true name of the owner, the residence or business address of

  3  the owner, and a complete description of the vehicle. The

  4  application must be signed by the owner and must be

  5  accompanied by a fee of $29.

  6         (2)  The owner must establish, by submitting with the

  7  application an executed bill of sale, a manufacturer's

  8  statement of origin, an affidavit of ownership for off-highway

  9  vehicles purchased before the effective date of this act, or

10  any other document acceptable to the department.

11         (3)  To apply for a title upon transfer of ownership of

12  an off-highway vehicle, the new owner must surrender to the

13  department the last title document issued for that vehicle.

14  The document must be properly executed. Proper execution

15  includes the previous owner's signature and certification that

16  the off-highway vehicle to be transferred is debt-free or is

17  subject to a lien. If a lien exists, the previous owner must

18  furnish the new owner, on forms supplied by the department,

19  the names and addresses of all lienholders and the dates of

20  all liens, with a statement from each lienholder that the

21  lienholder has knowledge of and consents to the transfer of

22  title to the new owner.

23         (4)  An application for an initial title or a title

24  transfer must include payment of the applicable state sales

25  tax or proof of payment of such tax, except for off-highway

26  vehicles purchased or transferred before the effective date of

27  this act.

28         (5)  If the owner submits a complete application and

29  complies with all of the other requirements of this section,

30  the department shall issue a certificate of title that states

31  that the title is for an off-highway vehicle that is not


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                                     CS/CS/HB 807, First Engrossed



  1  suitable for highway use. After October 1, 2002, the

  2  department shall also issue a copy of the guidebook prepared

  3  by the Department of Agriculture and Consumer Services

  4  pursuant to s. 261.07, Florida Statutes.

  5         Section 94.  Duplicate certificate of title.--

  6         (1)  The department may issue a duplicate certificate

  7  of title upon application by the person entitled to hold such

  8  a certificate if the department is satisfied that the original

  9  certificate has been lost, destroyed, or mutilated. A fee of

10  $15 shall be charged for issuing a duplicate certificate.

11         (2)  In addition to the fee imposed by subsection (1),

12  a fee of $7 shall be charged for expedited service in issuing

13  a duplicate certificate of title. Application for such

14  expedited service may be made by mail or in person. The

15  department shall issue each certificate of title applied for

16  under this subsection within 5 working days after receipt of a

17  proper application or shall refund the additional $7 fee upon

18  written request by the applicant.

19         (3)  If, following the issuance of an original,

20  duplicate, or corrected certificate of title by the

21  department, the certificate is lost in transit and is not

22  delivered to the addressee, the owner of the off-highway

23  vehicle or the holder of a lien thereon may, within 180 days

24  after the date of issuance of the title, apply to the

25  department for reissuance of the certificate of title. An

26  additional fee may not be charged for reissuance under this

27  subsection.

28         (4)  The department shall implement a system to verify

29  that the application is signed by a person authorized to

30  receive a duplicate title certificate under this section if

31  the address shown on the application is different from the


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                                     CS/CS/HB 807, First Engrossed



  1  address shown for the applicant on the records of the

  2  department.

  3         Section 95.  Manufacturer's statement of origin to be

  4  furnished.--

  5         (1)  Any person selling a new off-highway vehicle in

  6  this state must furnish a manufacturer's statement of origin

  7  to the purchaser. The statement, which must be in English or

  8  accompanied by an English translation if the vehicle was

  9  purchased outside the United States, must be signed and dated

10  by an authorized representative of the manufacturer, indicate

11  the complete name and address of the purchaser, include a

12  complete description of the vehicle, and contain as many

13  assignments as necessary to show title in the name of the

14  purchaser.

15         (2)  It is unlawful for an off-highway-vehicle

16  manufacturer, manufacturer's representative, or dealer to

17  issue a manufacturer's certificate of origin describing an

18  off-highway vehicle with the knowledge that the description is

19  false or that the off-highway vehicle described does not

20  exist. It is unlawful for any person to obtain or attempt to

21  obtain a certificate of origin with the knowledge that the

22  description is false or that the off-highway vehicle does not

23  exist. Any person who violates this subsection commits a

24  felony of the third degree, punishable as provided in s.

25  775.082, s. 775.083, or s. 775.084, Florida Statutes.

26         Section 96.  Registration required.--

27         (1)  Off-highway vehicles operated on public lands of

28  this state, with the exception of off-highway vehicles owned

29  by non-Florida residents, off-highway vehicles in use for

30  specific agricultural purposes, or off-highway vehicles rented

31  for use on public beaches by concessionaires who are


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                                     CS/CS/HB 807, First Engrossed



  1  franchised by the public entities controlling those beaches,

  2  must be registered within 30 days after purchase.

  3         (2)  Nothing in this act prohibits the owner, operator,

  4  or manager of public lands containing improved and maintained

  5  off-highway-vehicle recreation areas or trails from charging

  6  an entrance or admission fee for the use of such lands to help

  7  offset the cost of operation and maintenance of such

  8  off-highway-vehicle facilities.

  9         Section 97.  Application for and issuance of

10  certificate of registration, registration number, and decal.--

11         (1)  The owner of each off-highway vehicle that

12  requires registration in this state must file a registration

13  application with the county tax collector.

14         (a)  The application must provide the owner's name and

15  address, residency status, a Florida identification card

16  number such as a driver's license number, and a complete

17  description of the vehicle to be registered, and must be

18  accompanied by a fee of $25.

19         (b)  Proof of ownership must be established by

20  presenting a title for the off-highway vehicle.

21         (2)  The department shall issue a certificate of

22  registration and a registration number upon submittal of a

23  complete application and compliance with the other

24  requirements of this section. The certificate of registration

25  does not constitute a license.

26         (3)  The department shall furnish with each

27  registration certificate issued a decal signifying the years

28  during which the certificate is valid and containing the

29  assigned registration number, and such decal must be affixed

30  to the rear of the off-highway vehicle.

31


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                                     CS/CS/HB 807, First Engrossed



  1         Section 98.  Registration period and reregistration by

  2  mail.--

  3         (1)  An off-highway-vehicle certificate of registration

  4  is valid through the owner's next birthday. If the owner's

  5  birthday falls within the first 3 months after issuance of the

  6  certificate of registration, the certificate is valid through

  7  the owner's following birthday. However, a certificate of

  8  registration may not be valid for more than 15 months.

  9         (2)  The department shall provide for annual

10  reregistration of off-highway vehicles either in person at the

11  county tax collector's office or by mail.

12         Section 99.  Change of interest and address.--

13         (1)  The owner must furnish to the department notice of

14  the transfer of any whole or partial interest in an

15  off-highway vehicle registered or titled in this state or of

16  the destruction or abandonment of such vehicle within 30 days

17  thereafter. The certificate shall expire upon such transfer,

18  destruction, or abandonment, unless the transfer of a partial

19  interest does not affect the owner's right to operate the

20  vehicle.

21         (2)  Any holder of a certificate of registration must

22  notify the department or the county tax collector within 30

23  days after a change of address to an address other than the

24  address on the certificate and must furnish the department or

25  the county tax collector with the new address. The department

26  may provide by rule for the surrender of the certificate

27  bearing the former address and for its replacement with a new

28  certificate bearing the new address or for the alteration of a

29  certificate to include the new address of the holder.

30         Section 100.  Duplicate registration certificate or

31  decal; service fees.--


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                                     CS/CS/HB 807, First Engrossed



  1         (1)  A duplicate off-highway-vehicle registration

  2  certificate or decal to replace a lost or misplaced

  3  certificate or decal may be obtained from the county tax

  4  collector for $10. A duplicate certificate or decal may not be

  5  issued except upon written request of the registered owner or

  6  a person authorized by the owner.

  7         (2)  Included in the registration fee for off-highway

  8  vehicles is a $2.50 service fee to be retained by the county

  9  tax collector for each registration certificate or decal

10  issued, replaced, or renewed. The remainder of the fees

11  collected by the county tax collector shall be remitted to the

12  department.

13         (3)  A mail service charge may be collected for each

14  registration or reregistration mailed by the department or any

15  tax collector. All registrations and reregistrations must be

16  mailed by first-class mail. The amount of the mail service

17  charge must be the actual postage required rounded to the

18  nearest 5 cents, plus a 25-cent handling charge. The mail

19  service charge is in addition to the registration fee in

20  section 91.

21         Section 101.  Disposition of fees.--The department

22  shall deposit all funds received under sections 81 through 98,

23  less administrative costs of $2 per title transaction and $2

24  per registration transaction, into the Incidental Trust Fund

25  of the Division of Forestry of the Department of Agriculture

26  and Consumer Services.

27         Section 102.  Refusal to issue and authority to cancel

28  a certificate of title or registration.--

29         (1)  If the department finds that an applicant for an

30  off-highway-vehicle certificate of title or registration has

31  given a false statement or false or incomplete information in


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                                     CS/CS/HB 807, First Engrossed



  1  applying for the certificate or has otherwise failed to comply

  2  with the applicable provisions pertaining to the application

  3  for a certificate, it may refuse to issue the certificate.

  4         (2)  If the department finds that an owner or dealer

  5  named in an off-highway-vehicle certificate of title or

  6  registration has given a false statement or false or

  7  incomplete information in applying for the certificate or has

  8  otherwise failed to comply with the applicable provisions

  9  pertaining to the application for a certificate, it may cancel

10  the certificate.

11         (3)  The department may cancel any pending application

12  or any certificate if it finds that any title or registration

13  fee or sales tax pertaining to such registration has not been

14  paid, unless the fee or tax is paid within a reasonable time

15  after the department has given notice.

16         Section 103.  Crimes relating to certificates of title

17  and registration decals; penalties.--

18         (1)  It is unlawful for any person to procure or

19  attempt to procure a certificate of title or duplicate

20  certificate of title to an off-highway vehicle, or to pass or

21  attempt to pass a certificate of title or duplicate

22  certificate of title to an off-highway vehicle or any

23  assignment thereof, if such person knows or has reason to

24  believe that the vehicle has been stolen. Any person who

25  violates this subsection commits a felony of the third degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084, Florida Statutes.

28         (2)  It is unlawful for any person, knowingly and with

29  intent to defraud, to have in his or her possession, sell,

30  offer to sell, counterfeit, or supply a blank, forged,

31  fictitious, counterfeit, stolen, or fraudulently or unlawfully


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                                     CS/CS/HB 807, First Engrossed



  1  obtained certificate of title, duplicate certificate of title,

  2  registration, bill of sale, or other indicia of ownership of

  3  an off-highway vehicle or to conspire to do any of the

  4  foregoing. Any person who violates this subsection commits a

  5  felony of the third degree, punishable as provided in s.

  6  775.082, s. 775.083, or s. 775.084, Florida Statutes.

  7         (3)  It is unlawful:

  8         (a)  To alter or forge any certificate of title to an

  9  off-highway vehicle or any assignment thereof or any

10  cancellation of any lien on an off-highway vehicle.

11         (b)  To retain or use such certificate, assignment, or

12  cancellation knowing that it has been altered or forged.

13         (c)  To use a false or fictitious name, give a false or

14  fictitious address, or make any false statement in any

15  application or affidavit required by sections 81 through 98 of

16  this act or in a bill of sale or sworn statement of ownership

17  or otherwise commit a fraud in any application.

18         (d)  To knowingly obtain goods, services, credit, or

19  money by means of an invalid, duplicate, fictitious, forged,

20  counterfeit, stolen, or unlawfully obtained certificate of

21  title, registration, bill of sale, or other indicia of

22  ownership of an off-highway vehicle.

23         (e)  To knowingly obtain goods, services, credit, or

24  money by means of a certificate of title to an off-highway

25  vehicle which certificate is required by law to be surrendered

26  to the department. Any person who violates this subsection

27  commits a felony of the third degree, punishable as provided

28  in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. A

29  violation of this subsection with respect to any off-highway

30  vehicle makes such off-highway vehicle contraband which may be

31


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                                     CS/CS/HB 807, First Engrossed



  1  seized by a law enforcement agency and forfeited under ss.

  2  932.701-932.704, Florida Statutes.

  3         (4)  It is unlawful for any person:

  4         (a)  To make, alter, forge, counterfeit, or reproduce

  5  an off-highway-vehicle registration decal unless authorized by

  6  the department.

  7         (b)  To knowingly have in his or her possession a

  8  forged, counterfeit, or imitation off-highway-vehicle

  9  registration decal, or reproduction of a decal, unless such

10  possession has been authorized by the department.

11         (c)  To barter, trade, sell, supply, agree to supply,

12  aid in supplying, or give away an off-highway-vehicle

13  registration decal or to conspire to barter, trade, sell,

14  supply, agree to supply, aid in supplying, or give away an

15  off-highway-vehicle registration decal, unless authorized by

16  the department. Any person who violates this subsection

17  commits a felony of the third degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.

19         Section 104.  Nonmoving traffic violations.--Any person

20  who fails to comply with any provision of sections 81 through

21  98 of this act for which a penalty is not otherwise provided

22  commits of a nonmoving traffic violation, punishable as

23  provided in s. 318.18, Florida Statutes.

24         Section 105.  Subsection (1) of section 375.315,

25  Florida Statutes, is amended to read:

26         375.315  Registration of off-road vehicles.--

27         (1)  Any off-road vehicle operated upon public lands,

28  and not registered or licensed under s. 320.02 or s. 320.06,

29  and not otherwise required to be registered pursuant to the

30  Florida Off-Highway-Vehicle Titling and Registration Act must

31  be registered as provided in this section.


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                                     CS/CS/HB 807, First Engrossed



  1         Section 106.  There is appropriated to the Department

  2  of Agriculture and Consumer Services from the designated

  3  off-highway-vehicle funds in the Incidental Trust Fund of the

  4  Division of Forestry of the Department of Agriculture and

  5  Consumer Services, for fiscal year 2001-2002, one position and

  6  $156,660 to carry out the provisions of this act.

  7         Section 107.  Subsection (2) of section 316.605,

  8  Florida Statutes, is amended to read:

  9         316.605  Licensing of vehicles.--

10         (2)  Any commercial motor vehicle, as defined in s.

11  316.003(66), operating over the highways of this state with an

12  expired registration, with no registration from this or any

13  other jurisdiction, or with no registration under the

14  applicable provisions of chapter 320 shall be in violation of

15  s. 320.07(4)(3) and shall subject the owner or operator of

16  such vehicle to the penalty provided.  In addition, a

17  commercial motor vehicle found in violation of this section

18  may be detained by any law enforcement officer until the owner

19  or operator produces evidence that the vehicle has been

20  properly registered and that any applicable delinquent

21  penalties have been paid.

22         Section 108.  Subsections (1), (4), and (9) of section

23  318.14, Florida Statutes, are amended to read:

24         318.14  Noncriminal traffic infractions; exception;

25  procedures.--

26         (1)  Except as provided in ss. 318.17 and

27  320.07(4)(c)(3)(c), any person cited for a violation of s.

28  240.265, chapter 316, s. 320.0605, s. 320.07(4)(a)(3)(a) or

29  (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s.

30  322.161(5), or s. 322.19 is charged with a noncriminal

31  infraction and must be cited for such an infraction and cited


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                                     CS/CS/HB 807, First Engrossed



  1  to appear before an official. If another person dies as a

  2  result of the noncriminal infraction, the person cited may be

  3  required to perform 120 community service hours under s.

  4  316.027(4), in addition to any other penalties.

  5         (4)  Any person charged with a noncriminal infraction

  6  under this section who does not elect to appear shall pay the

  7  civil penalty and delinquent fee, if applicable, either by

  8  mail or in person, within 30 days after the date of receiving

  9  the citation.  If the person cited follows the above

10  procedure, he or she shall be deemed to have admitted the

11  infraction and to have waived his or her right to a hearing on

12  the issue of commission of the infraction.  Such admission

13  shall not be used as evidence in any other proceedings.  Any

14  person who is cited for a violation of s. 320.0605 or s.

15  322.15(1), or subject to a penalty under s. 320.07(4)(a)(3)(a)

16  or (b) or s. 322.065, and who makes an election under this

17  subsection shall submit proof of compliance with the

18  applicable section to the clerk of the court. For the purposes

19  of this subsection, proof of compliance consists of a valid

20  driver's license or a valid registration certificate.

21         (9)  Any person who is cited for an infraction under

22  this section other than a violation of s. 320.0605, s.

23  320.07(4)(a)(3)(a) or (b), s. 322.065, s. 322.15(1), s.

24  322.61, or s. 322.62 may, in lieu of a court appearance, elect

25  to attend in the location of his or her choice within this

26  state a basic driver improvement course approved by the

27  Department of Highway Safety and Motor Vehicles. In such a

28  case, adjudication must be withheld; points, as provided by s.

29  322.27, may not be assessed; and the civil penalty that is

30  imposed by s. 318.18(3) must be reduced by 18 percent;

31  however, a person may not make an election under this


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                                     CS/CS/HB 807, First Engrossed



  1  subsection if the person has made an election under this

  2  subsection in the preceding 12 months. A person may make no

  3  more than five elections under this subsection. The

  4  requirement for community service under s. 318.18(8) is not

  5  waived by a plea of nolo contendere or by the withholding of

  6  adjudication of guilt by a court.

  7         Section 109.  Paragraph (b) of subsection (2) of

  8  section 318.18, Florida Statutes, is amended to read:

  9         318.18  Amount of civil penalties.--The penalties

10  required for a noncriminal disposition pursuant to s. 318.14

11  are as follows:

12         (2)  Thirty dollars for all nonmoving traffic

13  violations and:

14         (b)  For all violations of ss. 320.0605, 320.07(1),

15  322.065, and 322.15(1).  Any person who is cited for a

16  violation of s. 320.07(1) shall be charged a delinquent fee

17  pursuant to s. 320.07(5)(4).

18         1.  If a person who is cited for a violation of s.

19  320.0605 or s. 320.07 can show proof of having a valid

20  registration at the time of arrest, the clerk of the court may

21  dismiss the case and may assess a $5 dismissal fee. A person

22  who finds it impossible or impractical to obtain a valid

23  registration certificate must submit an affidavit detailing

24  the reasons for the impossibility or impracticality. The

25  reasons may include, but are not limited to, the fact that the

26  vehicle was sold, stolen, or destroyed; that the state in

27  which the vehicle is registered does not issue a certificate

28  of registration; or that the vehicle is owned by another

29  person.

30         2.  If a person who is cited for a violation of s.

31  322.03, s. 322.065, or s. 322.15 can show a driver's license


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                                     CS/CS/HB 807, First Engrossed



  1  issued to him or her and valid at the time of arrest, the

  2  clerk of the court may dismiss the case and may assess a $5

  3  dismissal fee.

  4         3.  If a person who is cited for a violation of s.

  5  316.646 can show proof of security as required by s. 627.733,

  6  issued to the person and valid at the time of arrest, the

  7  clerk of the court may dismiss the case and may assess a $5

  8  dismissal fee. A person who finds it impossible or impractical

  9  to obtain proof of security must submit an affidavit detailing

10  the reasons for the impracticality. The reasons may include,

11  but are not limited to, the fact that the vehicle has since

12  been sold, stolen, or destroyed; that the owner or registrant

13  of the vehicle is not required by s. 627.733 to maintain

14  personal injury protection insurance; or that the vehicle is

15  owned by another person.

16         Section 110.  Subsection (3) of section 322.121,

17  Florida Statutes, is amended to read:

18         322.121  Periodic reexamination of all drivers.--

19         (3)  For each licensee whose driving record does not

20  show any revocations, disqualifications, or suspensions for

21  the preceding 7 years or any convictions for the preceding 3

22  years except for convictions of the following nonmoving

23  violations:

24         (a)  Failure to exhibit a vehicle registration

25  certificate, rental agreement, or cab card pursuant to s.

26  320.0605;

27         (b)  Failure to renew a motor vehicle or mobile home

28  registration that has been expired for 4 months or less

29  pursuant to s. 320.07(4)(a)(3)(a);

30

31


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                                     CS/CS/HB 807, First Engrossed



  1         (c)  Operating a motor vehicle with an expired license

  2  that has been expired for 4 months or less pursuant to s.

  3  322.065;

  4         (d)  Failure to carry or exhibit a license pursuant to

  5  s. 322.15(1); or

  6         (e)  Failure to notify the department of a change of

  7  address or name within 10 days pursuant to s. 322.19,

  8

  9  the department shall cause such licensee's license to be

10  prominently marked with the notation "Safe Driver."

11         Section 111.  Subsection (1) of section 322.056,

12  Florida Statutes, is amended to read:

13         322.056  Mandatory revocation or suspension of, or

14  delay of eligibility for, driver's license for persons under

15  age 18 found guilty of certain alcohol, drug, or tobacco

16  offenses; prohibition.--

17         (1)  Notwithstanding the provisions of s. 322.055, if a

18  person under 18 years of age is found guilty of or delinquent

19  for a violation of s. 562.11(2), s. 562.111, or chapter 893,

20  and:

21         (a)  The person is eligible by reason of age for a

22  driver's license or driving privilege, the court shall direct

23  the department to revoke or to withhold issuance of his or her

24  driver's license or driving privilege for a period of:

25         1.  Not less than 6 months and not more than 1 year for

26  the first violation.

27         2.  Two years, for a subsequent violation.

28         (b)  The person's driver's license or driving privilege

29  is under suspension or revocation for any reason, the court

30  shall direct the department to extend the period of suspension

31  or revocation by an additional period of:


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                                     CS/CS/HB 807, First Engrossed



  1         1.  Not less than 6 months and not more than 1 year for

  2  the first violation.

  3         2.  Two years, for a subsequent violation.

  4         (c)  The person is ineligible by reason of age for a

  5  driver's license or driving privilege, the court shall direct

  6  the department to withhold issuance of his or her driver's

  7  license or driving privilege for a period of:

  8         1.  Not less than 6 months and not more than 1 year

  9  after the date on which he or she would otherwise have become

10  eligible, for the first violation.

11         2.  Two years after the date on which he or she would

12  otherwise have become eligible, for a subsequent violation.

13

14  However, the court may, in its sound discretion, direct the

15  department to issue a license for driving privileges

16  restricted to business or employment purposes only, as defined

17  in s. 322.271, if the person is otherwise qualified for such a

18  license.

19         Section 112.  Except as otherwise provided herein, this

20  act shall take effect October 1, 2001.

21

22

23

24

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CODING: Words stricken are deletions; words underlined are additions.