House Bill hb1213c1

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    Florida House of Representatives - 2002             CS/HB 1213

        By the Council for Ready Infrastructure and Representative
    Gardiner





  1                      A bill to be entitled

  2         An act relating to motor vehicles, vessels, and

  3         enforcement of laws related thereto; amending

  4         s. 316.003, F.S.; providing that certain

  5         vehicles of the Department of Health are

  6         authorized emergency vehicles; amending s.

  7         316.006, F.S.; authorizing the installation of

  8         multiparty stop signs on certain roads;

  9         providing guidelines for the installation of

10         such signage; amending s. 316.061, F.S.;

11         authorizing certain entities to remove crashed

12         motor vehicles from roadways under certain

13         circumstances; providing a limitation of

14         liability; amending s. 316.066, F.S.; providing

15         for access to vehicle crash reports by local,

16         state, and federal entities under certain

17         circumstances; requiring said entities to

18         maintain confidential status of such reports;

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

20         of solid waste and recovered materials vehicles

21         from provisions regarding unattended motor

22         vehicles under certain circumstances; creating

23         s. 316.2127, F.S.; providing for operation of

24         utility vehicles on city streets, county roads,

25         or the State Highway System under certain

26         circumstances; amending s. 316.2397, F.S.;

27         authorizing emergency response vehicles of the

28         Department of Health to use red flashing

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

30         that a violation of a provision governing loads

31         on vehicles is a moving rather than a nonmoving

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  1         violation; exempting certain vehicles carrying

  2         agricultural products; amending s. 316.640,

  3         F.S.; revising traffic law enforcement

  4         authority of university police officers;

  5         revising the powers and duties of traffic crash

  6         investigation officers; amending s. 318.1451,

  7         F.S.; providing traffic school reference guide

  8         requirements; amending s. 318.18, F.S.;

  9         providing for assessment of doubled fines for

10         speeding in toll collection zones; amending s.

11         319.23, F.S.; deleting certain requirements for

12         the transfer of ownership of an antique

13         vehicle; requiring the Department of Highway

14         Safety and Motor Vehicles to retain certain

15         evidence of title; amending s. 319.28, F.S.;

16         revising requirements for processing an

17         application for title based on a contractual

18         default; amending s. 320.025, F.S.; providing

19         for confidential registration and issuance

20         under fictitious name of decals for vessels

21         operated by a law enforcement agency; requiring

22         registration number and decal to be affixed to

23         such vessel; amending s. 320.05, F.S.;

24         providing for release of vessel registration

25         information; providing exceptions; amending s.

26         320.055, F.S.; providing registration period

27         for certain nonapportioned vehicles; amending

28         s. 320.06, F.S.; revising form of license plate

29         validation stickers; reducing the number of

30         required validation stickers per plate;

31         amending s. 320.072, F.S.; revising initial

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  1         registration fee exemptions; amending s.

  2         320.0805, F.S.; reducing the timeframe for a

  3         personalized license plate to remain out of

  4         circulation prior to reassignment; amending s.

  5         320.08056, F.S.; providing for a use fee;

  6         amending s. 320.08058, F.S.; directing the

  7         Department of Highway Safety and Motor Vehicles

  8         to develop a Florida Golf license plate;

  9         providing for the distribution and use of fees;

10         authorizing the Florida Sports Foundation to

11         establish a youth golf program; providing for

12         an advisory committee; amending s. 320.083,

13         F.S.; revising requirements for the Amateur

14         Radio Operator specialty license plate;

15         amending s. 320.089, F.S.; revising weight

16         restriction for the Ex-POW and Purple Heart

17         license plates; amending s. 321.02, F.S.;

18         providing for colors for use on Florida Highway

19         Patrol motor vehicles and motorcycles; amending

20         s. 322.051, F.S.; requiring acceptance of the

21         Florida identification card as proof of

22         identification by persons accepting the Florida

23         driver license as proof of identification;

24         amending s. 322.095, F.S.; deleting provision

25         prohibiting governmental entities or courts

26         from providing information regarding traffic

27         law and substance abuse education program

28         schools or course providers; authorizing the

29         Department of Highway Safety and Motor Vehicles

30         to provide a list of approved traffic law and

31         substance abuse education course providers with

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  1         a single phone number for each provider;

  2         requiring the Department of Highway Safety and

  3         Motor Vehicles to approve and regulate certain

  4         courses for driver improvement schools;

  5         amending s. 322.25, F.S.; correcting a cross

  6         reference; amending s. 322.27, F.S.; revising

  7         language relating to habitual traffic offender

  8         license revocation; amending s. 322.271, F.S.;

  9         correcting a cross reference; amending s.

10         322.28, F.S.; deleting obsolete language

11         relating to revocation of a driver's license;

12         repealing s. 322.282, F.S., relating to

13         procedure when court revokes or suspends

14         license or driving privilege and orders

15         reinstatement, and s. 322.331, F.S., relating

16         to restoration of license for habitual traffic

17         offenders; amending s. 324.091, F.S.; providing

18         for electronic access to vehicle insurer

19         information; prohibiting compilation and

20         retention of such information; amending s.

21         328.01, F.S.; deleting the requirement that a

22         copy of a contract upon which a claim of

23         ownership of a vessel is made be submitted if

24         an application for transfer of title is based

25         on a contractual default; amending s. 328.42,

26         F.S.; authorizing the department to deny or

27         cancel a vessel registration, license plate, or

28         fuel-use tax decal when given a dishonored

29         check by the customer; amending s. 328.56,

30         F.S.; revising language relating to display of

31         vessel registration number; amending s. 328.72,

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  1         F.S.; deleting certain requirements for the

  2         transfer of ownership of an antique vessel;

  3         amending s. 832.09, F.S.; requiring the

  4         department to create a standardized form for

  5         notification from clerks of courts of

  6         satisfaction of a worthless check; providing an

  7         effective date.

  8

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

10

11         Section 1.  Subsection (1) of section 316.003, Florida

12  Statutes, is amended to read:

13         316.003  Definitions.--The following words and phrases,

14  when used in this chapter, shall have the meanings

15  respectively ascribed to them in this section, except where

16  the context otherwise requires:

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

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

19  ambulances and emergency vehicles of municipal departments,

20  public service corporations operated by private corporations,

21  the Department of Environmental Protection, the Department of

22  Health, and the Department of Transportation as are designated

23  or authorized by their respective department or the chief of

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

25  various counties.

26         Section 2.  Paragraph (b) of subsection (2) and

27  paragraph (b) of subsection (3) of section 316.006, Florida

28  Statutes, are amended to read:

29         316.006  Jurisdiction.--Jurisdiction to control traffic

30  is vested as follows:

31         (2)  MUNICIPALITIES.--

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  1         (b)  A municipality 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

  4  within its boundaries if the municipality and party or parties

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

  6  agreement approved by the governing body of the municipality,

  7  for municipal traffic control jurisdiction over the road or

  8  roads encompassed by such agreement. Pursuant thereto:

  9         1.  Provision for reimbursement for actual costs of

10  traffic control and enforcement and for liability insurance

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

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

13  agreement.

14         2.  The exercise of jurisdiction provided for herein

15  shall be in addition to jurisdictional authority presently

16  exercised by municipalities under law, and nothing in this

17  paragraph shall be construed to limit or remove any such

18  jurisdictional authority. Such jurisdiction includes

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

20  or personnel.

21         3.  Any such agreement may provide for the installation

22  of multiparty stop signs by the parties controlling the roads

23  covered by the agreement if a determination is made by such

24  parties that the signage will enhance traffic safety.

25  Multiparty stop signs must conform to the manual and

26  specifications of the Department of Transportation; however,

27  minimum traffic volumes may not be required for the

28  installation of such signage. Enforcement for the signs shall

29  be as provided in s. 316.123.

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  1  This subsection shall not limit those counties which have the

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

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

  4  proper exercise of those powers by the placement and

  5  maintenance of traffic control devices which conform to the

  6  manual and specifications of the Department of Transportation

  7  on streets and highways located within municipal boundaries.

  8         (3)  COUNTIES.--

  9         (b)  A county may exercise jurisdiction over any

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

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

12  the unincorporated area within its boundaries if the county

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

14  provide, by written agreement approved by the governing body

15  of the county, for county traffic control jurisdiction over

16  the road or roads encompassed by such agreement. Pursuant

17  thereto:

18         1.  Provision for reimbursement for actual costs of

19  traffic control and enforcement and for liability insurance

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

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

22  agreement.

23         2.  Prior to entering into an agreement which provides

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

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

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

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

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

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

30  in writing by the sheriff.

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  1         3.  The exercise of jurisdiction provided for herein

  2  shall be in addition to jurisdictional authority presently

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

  4  shall be construed to limit or remove any such jurisdictional

  5  authority.

  6         4.  Any such agreement may provide for the installation

  7  of multiparty stop signs by the parties controlling the roads

  8  covered by the agreement if a determination is made by such

  9  parties that the signage will enhance traffic safety.

10  Multiparty stop signs must conform to the manual and

11  specifications of the Department of Transportation; however,

12  minimum traffic volumes may not be required for the

13  installation of such signage. Enforcement for the signs shall

14  be as provided in s. 316.123.

15

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

17  shall have original jurisdiction to regulate parking, by

18  resolution of the board of county commissioners and the

19  erection of signs conforming to the manual and specifications

20  of the Department of Transportation, in parking areas located

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

22  areas are located within the boundaries of chartered

23  municipalities.

24         Section 3.  Subsection (3) is added to section 316.061,

25  Florida Statutes, to read:

26         316.061  Crashes involving damage to vehicle or

27  property.--

28         (3)  Employees or authorized agents of the Department

29  of Transportation, law enforcement with proper jurisdiction,

30  and an expressway authority created pursuant to chapter 348,

31  in the exercise, management, control, and maintenance of its

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  1  highway system, may undertake the removal from the main

  2  traveled way of roads on its highway system of all vehicles

  3  incapacitated as a result of a motor vehicle crash and of

  4  debris caused thereby. Such removal is applicable when such a

  5  crash results only in damage to a vehicle or other property,

  6  and where such removal can be accomplished safely and will

  7  result in the improved safety or convenience of travel upon

  8  the road. The driver or any other person who has removed a

  9  vehicle from the main traveled way of the road as provided in

10  this subsection shall not be considered liable or at fault

11  regarding the cause of the accident solely by reason of moving

12  the vehicle.

13         Section 4.  Paragraph (c) of subsection (3) of section

14  316.066, Florida Statutes, is amended to read:

15         316.066  Written reports of crashes.--

16         (3)

17         (c)  Crash reports required by this section which

18  reveal the identity, home or employment telephone number or

19  home or employment address of, or other personal information

20  concerning the parties involved in the crash and which are

21  received or prepared by any agency that regularly receives or

22  prepares information from or concerning the parties to motor

23  vehicle crashes are confidential and exempt from s. 119.07(1)

24  and s. 24(a), Art. I of the State Constitution for a period of

25  60 days after the date the report is filed. However, such

26  reports may be made immediately available to the parties

27  involved in the crash, their legal representatives, their

28  licensed insurance agents, their insurers or insurers to which

29  they have applied for coverage, persons under contract with

30  such insurers to provide claims or underwriting information,

31  prosecutorial authorities, radio and television stations

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  1  licensed by the Federal Communications Commission, newspapers

  2  qualified to publish legal notices under ss. 50.011 and

  3  50.031, and free newspapers of general circulation, published

  4  once a week or more often, available and of interest to the

  5  public generally for the dissemination of news. For the

  6  purposes of this section, the following products or

  7  publications are not newspapers as referred to in this

  8  section: those intended primarily for members of a particular

  9  profession or occupational group; those with the primary

10  purpose of distributing advertising; and those with the

11  primary purpose of publishing names and other personally

12  identifying information concerning parties to motor vehicle

13  crashes.  Any local, state, or federal agency, agent, or

14  employee that is authorized to have access to such reports by

15  any provision of law shall be granted such access in the

16  furtherance of the agency's statutory duties notwithstanding

17  the provisions of this paragraph. Any local, state, or federal

18  agency, agent, or employee receiving such crash reports shall

19  maintain the confidential and exempt status of those reports

20  and shall not disclose such crash reports to any person or

21  entity. Any person attempting to access crash reports within

22  60 days after the date the report is filed must present

23  legitimate credentials or identification that demonstrates his

24  or her qualifications to access that information. This

25  exemption is subject to the Open Government Sunset Review Act

26  of 1995 in accordance with s. 119.15, and shall stand repealed

27  on October 2, 2006, unless reviewed and saved from repeal

28  through reenactment by the Legislature.

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

30  Statutes, is amended to read:

31         316.1975  Unattended motor vehicle.--

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

  2         (a)  An authorized emergency vehicle while in the

  3  performance of official duties and the vehicle is equipped

  4  with an activated antitheft device that prohibits the vehicle

  5  from being driven; or

  6         (b)  A licensed delivery truck or other delivery

  7  vehicle while making deliveries; or

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

  9  collecting such items.

10         Section 6.  Section 316.2127, Florida Statutes, is

11  created to read:

12         316.2127  Operation of utility vehicles on certain

13  roadways by homeowners' associations.--The operation of a

14  utility vehicle, as defined in s. 320.01, upon the public

15  roads or streets of this state by a homeowners' association,

16  as defined in s. 720.301, or its agents is prohibited except

17  as provided herein:

18         (1)  A utility vehicle may be operated by a homeowners'

19  association or its agents only upon a county road that has

20  been designated by a county, or a city street that has been

21  designated by a city, for use by a utility vehicle for general

22  maintenance, security, and landscaping purposes. Prior to

23  making such a designation, the responsible local governmental

24  entity must first determine that utility vehicles may safely

25  travel on or cross the public road or street, considering

26  factors including the speed, volume, and character of motor

27  vehicle traffic on the road or street. Upon a determination

28  that utility vehicles may be safely operated on a designated

29  road or street, the responsible governmental entity shall post

30  appropriate signs to indicate that such operation is allowed.

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  1         (2)  A utility vehicle may be operated by a homeowners'

  2  association or its agents on a portion of the State Highway

  3  System only under the following conditions:

  4         (a)  To cross a portion of the State Highway System

  5  which intersects a county road or a city street that has been

  6  designated for use by utility vehicles if the Department of

  7  Transportation has reviewed and approved the location and

  8  design of the crossing and any traffic control devices needed

  9  for safety purposes.

10         (b)  To cross, at midblock, a portion of the State

11  Highway System where the highway bisects property controlled

12  or maintained by a homeowners' association if the Department

13  of Transportation has reviewed and approved the location and

14  design of the crossing and any traffic control devices needed

15  for safety purposes.

16         (c)  To travel on a state road that has been designated

17  for transfer to a local government unit pursuant to s.

18  335.0415 if the Department of Transportation determines that

19  the operation of a utility vehicle within the right-of-way of

20  the road will not impede the safe and efficient flow of motor

21  vehicle traffic. The department may authorize the operation of

22  utility vehicles on such a road if:

23         1.  The road is the only available public road on which

24  utility vehicles may travel or cross or the road provides the

25  safest travel route among alternative routes available; and

26         2.  The speed, volume, and character of motor vehicle

27  traffic on the road is considered in making such a

28  determination.

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  1  Upon its determination that utility vehicles may be operated

  2  on a given road, the department shall post appropriate signs

  3  on the road to indicate that such operation is allowed.

  4         (3)  A utility vehicle may be operated by a homeowners'

  5  association or its agents only during the hours between

  6  sunrise and sunset, unless the responsible governmental entity

  7  has determined that a utility vehicle may be operated during

  8  the hours between sunset and sunrise and the utility vehicle

  9  is equipped with headlights, brake lights, turn signals, and a

10  windshield.

11         (4)  A utility vehicle must be equipped with efficient

12  brakes, a reliable steering apparatus, safe tires, a rearview

13  mirror, and red reflectorized warning devices in both the

14  front and the rear.

15         (5)  A utility vehicle may not be operated on public

16  roads or streets by any person under the age of 14.

17

18  A violation of this section is a noncriminal traffic

19  infraction, punishable pursuant to chapter 318 as either a

20  moving violation for infractions of subsection (1), subsection

21  (2), subsection (3), or subsection (4) or as a nonmoving

22  violation for infractions of subsection (5).

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

24  Statutes, is amended to read:

25         316.2397  Certain lights prohibited; exceptions.--

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

27  response vehicles of the Department of Environmental

28  Protection and the Department of Health when responding to an

29  emergency in the line of duty.

30         Section 8.  Section 316.520, Florida Statutes, is

31  amended to read:

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  1         316.520  Loads on vehicles.--

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

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

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

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

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

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

  8  or maintaining the roadway.

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

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

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

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

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

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

15  escaping from such vehicle. Covering and securing the load

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

17  required.

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

19  traffic infraction, punishable as a moving nonmoving violation

20  as provided in chapter 318.

21         (4)  The provisions of subsection (2) requiring

22  covering and securing the load with a close-fitting tarpaulin

23  or other appropriate cover does not apply to vehicles carrying

24  agricultural products locally from a harvest site or to or

25  from a farm on roads where the posted speed limit is 65 miles

26  per hour or less and the distance driven on public roads is

27  less than 20 miles.

28         Section 9.  Paragraph (a) of subsection (1), paragraph

29  (b) of subsection (2), and paragraphs (b) and (c) of

30  subsection (3) of section 316.640, Florida Statutes, are

31  amended to read:

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  1         316.640  Enforcement.--The enforcement of the traffic

  2  laws of this state is vested as follows:

  3         (1)  STATE.--

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

  5  Department of Highway Safety and Motor Vehicles, the Division

  6  of Law Enforcement of the Fish and Wildlife Conservation

  7  Commission, the Division of Law Enforcement of the Department

  8  of Environmental Protection, and law enforcement officers of

  9  the Department of Transportation each have authority to

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

11  streets and highways thereof and elsewhere throughout the

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

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

14  as a traffic accident investigation officer any individual who

15  successfully completes at least 200 hours of instruction in

16  traffic accident investigation and court presentation through

17  the Selective Traffic Enforcement Program as approved by the

18  Criminal Justice Standards and Training Commission and funded

19  through the National Highway Traffic Safety Administration or

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

21  necessarily meet the uniform minimum standards established by

22  the commission for law enforcement officers or auxiliary law

23  enforcement officers under chapter 943. Any such traffic

24  accident investigation officer who makes an investigation at

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

26  based upon personal investigation, when he or she has

27  reasonable and probable grounds to believe that a person who

28  was involved in the accident committed an offense under this

29  chapter, chapter 319, chapter 320, or chapter 322 in

30  connection with the accident. This paragraph does not permit

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

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  1  officers have arrest authority other than for the issuance of

  2  a traffic citation as authorized in this paragraph.

  3         b.  University police officers shall have authority to

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

  5  violations occur on or about any property or facilities that

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

  7  a state university, a direct-support organization of such

  8  state university, or any other organization controlled by the

  9  state university or a direct-support organization of the state

10  university System, except that traffic laws may be enforced

11  off-campus when hot pursuit originates on or adjacent to any

12  such property or facilities on-campus.

13         c.  Community college police officers shall have the

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

15  when such violations occur on any property or facilities that

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

17  the community college system.

18         d.  Police officers employed by an airport authority

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

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

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

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

23  enforcement specialist any individual who successfully

24  completes a training program established and approved by the

25  Criminal Justice Standards and Training Commission for parking

26  enforcement specialists but who does not otherwise meet the

27  uniform minimum standards established by the commission for

28  law enforcement officers or auxiliary or part-time officers

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

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

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  1  nor shall such parking enforcement specialist have arrest

  2  authority.

  3         (II)  A parking enforcement specialist employed by an

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

  5  and municipal laws and ordinances governing parking only when

  6  such violations are on property or facilities owned or

  7  operated by the airport authority employing the specialist, by

  8  appropriate state, county, or municipal traffic citation.

  9         e.  The Office of Agricultural Law Enforcement of the

10  Department of Agriculture and Consumer Services shall have the

11  authority to enforce traffic laws of this state only as

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

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

14  Agricultural Law Enforcement at its agricultural inspection

15  stations to issue any traffic tickets except those traffic

16  tickets for vehicles illegally passing the inspection station.

17         f.  School safety officers shall have the authority to

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

19  violations occur on or about any property or facilities which

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

21  the district school board.

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

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

24  violation of this subparagraph is not subject to the penalties

25  provided in chapter 318.

26         3.  Any disciplinary action taken or performance

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

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

29  enforcement activity must be in accordance with written

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

31  the agency and any collective bargaining unit representing

                                  17

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  1  such law enforcement officer. A violation of this subparagraph

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

  3         (2)  COUNTIES.--

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

  5  a traffic crash investigation officer any individual who

  6  successfully completes at least 200 hours of instruction in

  7  traffic crash investigation and court presentation through the

  8  Selective Traffic Enforcement Program (STEP) as approved by

  9  the Criminal Justice Standards and Training Commission and

10  funded through the National Highway Traffic Safety

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

12  commission, but who does not necessarily otherwise meet the

13  uniform minimum standards established by the commission for

14  law enforcement officers or auxiliary law enforcement officers

15  under chapter 943. Any such traffic crash investigation

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

17  crash may issue traffic citations when, based upon personal

18  investigation, he or she has reasonable and probable grounds

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

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

21  320, or chapter 322 in connection with the crash. This

22  paragraph does not permit the carrying of firearms or other

23  weapons, nor do such officers have arrest authority other than

24  for the issuance of a traffic citation as authorized in this

25  paragraph.

26         (3)  MUNICIPALITIES.--

27         (b)  The police department of a chartered municipality

28  may employ as a traffic crash investigation officer any

29  individual who successfully completes at least 200 hours of

30  instruction in traffic crash investigation and court

31  presentation through the Selective Traffic Enforcement Program

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

  2  Training Commission and funded through the National Highway

  3  Traffic Safety Administration (NHTSA) or a similar program

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

  5  the uniform minimum standards established by the commission

  6  for law enforcement officers or auxiliary law enforcement

  7  officers under chapter 943. Any such traffic crash

  8  investigation officer who makes an investigation at the scene

  9  of a traffic crash is authorized to issue traffic citations

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

11  reasonable and probable grounds to believe that a person

12  involved in the crash has committed an offense under the

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

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

15  paragraph does not shall be construed to permit the carrying

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

17  arrest authority other than for the issuance of a traffic

18  citation as authorized above.

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

20  agency or instrumentality may employ as a parking enforcement

21  specialist any individual who successfully completes a

22  training program established and approved by the Criminal

23  Justice Standards and Training Commission for parking

24  enforcement specialists, but who does not otherwise meet the

25  uniform minimum standards established by the commission for

26  law enforcement officers or auxiliary or part-time officers

27  under s. 943.12.

28         2.  A parking enforcement specialist employed by a

29  chartered municipality or its authorized agency or

30  instrumentality is authorized to enforce all state, county,

31  and municipal laws and ordinances governing parking within the

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  1  boundaries of the municipality employing the specialist, by

  2  appropriate state, county, or municipal traffic citation.

  3  Nothing in this paragraph shall be construed to permit the

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

  5  parking enforcement specialist have arrest authority.

  6         3.  A parking enforcement specialist employed pursuant

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

  8  have arrest authority.

  9         Section 10.  Subsection (5) of section 318.1451,

10  Florida Statutes, is amended to read:

11         318.1451  Driver improvement schools.--

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

13  issue, or maintain any information or orders regarding driver

14  improvement schools or course providers, with the exception of

15  directing inquiries or requests to the local telephone

16  directory heading of driving instruction or the traffic school

17  reference guide. However, The department is authorized to

18  maintain the information and records necessary to administer

19  its duties and responsibilities for driver improvement

20  courses. Where such information is a public record as defined

21  in chapter 119, it shall be made available to the public upon

22  request pursuant to s. 119.07(1).

23         (b)  The department or court may shall prepare for any

24  governmental entity to distribute a traffic school reference

25  guide which lists shall list the benefits of attending a

26  driver improvement school and contains the names of the fully

27  approved course providers with a single telephone number for

28  each such provider, as furnished by the provider, but under no

29  circumstance may any list of course providers or schools be

30  included, and shall refer further inquiries to the telephone

31  directory under driving instruction.

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  1         Section 11.  Paragraph (f) is added to subsection (3)

  2  of section 318.18, Florida Statutes, to read:

  3         318.18  Amount of civil penalties.--The penalties

  4  required for a noncriminal disposition pursuant to s. 318.14

  5  are as follows:

  6         (3)

  7         (b)  For moving violations involving unlawful speed,

  8  the fines are as follows:

  9

10  For speed exceeding the limit by:                        Fine:

11  1-5 m.p.h..............................................Warning

12  6-9 m.p.h.................................................$ 25

13  10-14 m.p.h...............................................$100

14  15-19 m.p.h...............................................$125

15  20-29 m.p.h...............................................$150

16  30 m.p.h. and above.......................................$250

17

18         (f)  A person cited for exceeding the speed limit

19  within a zone posted for any electronic or manual toll

20  collection facility will be assessed a fine double the amount

21  listed in paragraph (b). However, no person cited for

22  exceeding the speed limit in any toll collection zone shall be

23  subject to a doubled fine unless the governmental entity or

24  authority controlling the toll collection zone first installs

25  a traffic control device providing warning that speeding fines

26  are doubled. Any such traffic control device must meet the

27  requirements of the uniform system of traffic control devices.

28         Section 12.  Paragraph (c) of subsection (3) and

29  subsections (5) and (11) of section 319.23, Florida Statutes,

30  are amended to read:

31

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  1         319.23  Application for, and issuance of, certificate

  2  of title.--

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

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

  5  application, unless otherwise provided for in this chapter,

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

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

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

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

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

11  state. The application shall also be accompanied by:

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

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

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

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

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

17  complete vehicle description to include the vehicle

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

19  price, and signatures of the seller and purchaser.

20

21  Verification of the vehicle identification number is not

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

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

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

25  or fifth-wheel recreation trailer.

26         (5)  The certificate of title issued by the department

27  for a motor vehicle or mobile home previously registered

28  outside this state shall give the name of the state or country

29  in which the vehicle was last registered outside this state.

30  The department shall retain the evidence of title presented by

31  the applicant upon which the certificate of title is issued.

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  1  The department shall use reasonable diligence in ascertaining

  2  whether or not the facts in the application are true; and, if

  3  satisfied that the applicant is the owner of the motor vehicle

  4  or mobile home and that the application is in the proper form,

  5  it shall issue a certificate of title.

  6         (11)  The department is not required to retain any

  7  evidence of title presented by the applicant and based on

  8  which the certificate of title is issued.

  9         Section 13.  Paragraph (a) of subsection (1) of section

10  319.28, Florida Statutes, is amended to read:

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

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

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

14  inheritance, devise or bequest, order in bankruptcy,

15  insolvency, replevin, attachment, execution, or other judicial

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

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

18  storage or repair charges or repossession is had upon default

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

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

21  like agreement, and upon the surrender of the prior

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

23  presentation of satisfactory proof to the department of

24  ownership and right of possession to such motor vehicle or

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

26  presentation of an application for certificate of title, the

27  department may issue to the applicant a certificate of title

28  thereto. If the application is predicated upon a security

29  agreement, chattel mortgage, conditional sales contract, trust

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

31  certified copy thereof shall accompany the application;

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  1  however, if an owner under a chattel mortgage voluntarily

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

  3  original or a certified copy of the chattel mortgage shall

  4  accompany the application for a certificate of title and it

  5  shall not be necessary to institute proceedings in any court

  6  to foreclose such mortgage.

  7         Section 14.  Section 320.025, Florida Statutes, is

  8  amended to read:

  9         320.025  Registration certificate and license plate or

10  decal issued under fictitious name; application.--

11         (1)  A confidential registration certificate and

12  registration license plate or decal shall be issued under a

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

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

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

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

17  office. The requesting agency shall file a written application

18  with the department on forms furnished by the department,

19  which includes a statement that the license plate or decal

20  will be used for the Attorney General's Medicaid Fraud Control

21  Unit, or law enforcement or any state public defender's office

22  activities requiring concealment of publicly leased or owned

23  motor vehicles or vessels and a statement of the position

24  classifications of the individuals who are authorized to use

25  the license plate or decal. The department may modify its

26  records to reflect the fictitious identity of the owner or

27  lessee until such time as the license plate or decal and

28  registration certificate are surrendered to it.

29         (2)  Except as provided in subsection (1), any motor

30  vehicle owned or exclusively operated by the state or any

31  county, municipality, or other governmental entity must at all

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  1  times display a license plate of the type prescribed in s.

  2  320.0655. Any vessel owned or exclusively operated by the

  3  state or any county, municipality, or other governmental

  4  entity must at all times display a registration number as

  5  required in s. 328.56 and a vessel decal as required in s.

  6  328.48(5).

  7         (3)  This section constitutes an exception to other

  8  statutes relating to falsification of public records, false

  9  swearing, and similar matters. All records relating to the

10  registration application of the Attorney General's Medicaid

11  Fraud Control Unit, a law enforcement agency, or any state

12  public defender's office, and records necessary to carry out

13  the intended purpose of this section, are exempt from the

14  provisions of s. 119.07(1), and s. 24(a), Art. I of the State

15  Constitution as long as the information is retained by the

16  department. This section does not prohibit other personations,

17  fabrications, or creations of false identifications by the

18  Attorney General's Medicaid Fraud Control Unit, or law

19  enforcement or public defender's officers in the official

20  performance of covert operations.

21         Section 15.  Subsections (1) and (2) of section 320.05,

22  Florida Statutes, are amended to read:

23         320.05  Records of the department; inspection

24  procedure; lists and searches; fees.--

25         (1)  Except as provided in ss. s. 119.07(3) and

26  320.025(3), the department may release records as provided in

27  this section.

28         (2)  Upon receipt of an application for the

29  registration of a motor vehicle, vessel, or mobile home, as

30  herein provided for, the department shall register the motor

31  vehicle, vessel, or mobile home under the distinctive number

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  1  assigned to such motor vehicle, vessel, or mobile home by the

  2  department. Electronic registration records shall be open to

  3  the inspection of the public during business hours.

  4  Information on a motor vehicle or vessel registration may not

  5  be made available to a person unless the person requesting the

  6  information furnishes positive proof of identification. The

  7  agency that furnishes a motor vehicle or vessel registration

  8  record shall record the name and address of any person other

  9  than a representative of a law enforcement agency who requests

10  and receives information from a motor vehicle or vessel

11  registration record and shall also record the name and address

12  of the person who is the subject of the inquiry or other

13  information identifying the entity about which information is

14  requested. A record of each such inquiry must be maintained

15  for a period of 6 months from the date upon which the

16  information was released to the inquirer. Nothing in this

17  section shall prohibit any financial institution, insurance

18  company, motor vehicle dealer, licensee under chapter 493,

19  attorney, or other agency which the department determines has

20  the right to know from obtaining, for professional or business

21  use only, information in such records from the department

22  through any means of telecommunication pursuant to a code

23  developed by the department providing all fees specified in

24  subsection (3) have been paid. The department shall disclose

25  records or information to the child support enforcement agency

26  to assist in the location of individuals who owe or

27  potentially owe support, as defined in s. 409.2554, or to whom

28  such an obligation is owed pursuant to Title IV-D of the

29  Social Security Act.

30         Section 16.  Subsection (5) of section 320.055, Florida

31  Statutes, is amended to read:

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  1         320.055  Registration periods; renewal periods.--The

  2  following registration periods and renewal periods are

  3  established:

  4         (5)  For a vehicle subject to apportioned registration

  5  under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the

  6  registration period shall be a period of 12 months beginning

  7  in a month designated by the department and ending on the last

  8  day of the 12th month. For a vehicle subject to this

  9  registration period, the renewal period is the last month of

10  the registration period. The registration period may be

11  shortened or extended at the discretion of the department, on

12  receipt of the appropriate prorated fees, in order to evenly

13  distribute such registrations on a monthly basis. For a

14  vehicle subject to nonapportioned registration under s.

15  320.08(4), (5)(a)1., (6)(b), or (14), the registration period

16  begins December 1 and ends November 30. The renewal period is

17  the 31-day period beginning December 1.

18         Section 17.  Paragraphs (b) and (c) of subsection (1)

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

20         320.06  Registration certificates, license plates, and

21  validation stickers generally.--

22         (1)

23         (b)  Registration license plates bearing a graphic

24  symbol and the alphanumeric system of identification shall be

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

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

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

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

29  $10 replacement fee. The fees shall be deposited into the

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

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

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  1  replacement fee when the plate is replaced or surrendered

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

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

  4  birth month, license plate number, and the year of expiration

  5  or the appropriate renewal period if the owner is not a

  6  natural person. The This validation sticker is to shall be

  7  placed on the upper right left corner of the license plate and

  8  shall be issued one time during the life of the license plate,

  9  or upon request when it has been damaged or destroyed. There

10  shall also be issued with each license plate a serially

11  numbered validation sticker showing the year of expiration,

12  which sticker shall be placed on the upper right corner of the

13  license plate. Such license plate and validation sticker

14  stickers shall be issued based on the applicant's appropriate

15  renewal period. The registration period shall be a period of

16  12 months, and all expirations shall occur based on the

17  applicant's appropriate registration period. A vehicle with an

18  apportioned registration shall be issued an annual license

19  plate and a cab card that denote the declared gross vehicle

20  weight for each apportioned jurisdiction in which the vehicle

21  is authorized to operate.

22         (c)  Registration license plates equipped with

23  validation stickers shall be valid for not more than 12 months

24  and shall expire at midnight on the last day of the

25  registration period. For each registration period after the

26  one in which the metal registration license plate is issued,

27  and until the license plate is required to be replaced, a

28  validation sticker showing the month and year of expiration

29  shall be issued upon payment of the proper license tax amount

30  and fees and shall be valid for not more than 12 months. When

31  license plates equipped with validation stickers are issued in

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  1  any month other than the owner's birth month or the designated

  2  registration period for any other motor vehicle, the effective

  3  date shall reflect the birth month or month and the year of

  4  renewal. However, when a license plate or validation sticker

  5  is issued for a period of less than 12 months, the applicant

  6  shall pay the appropriate amount of license tax and the

  7  applicable fee under the provisions of s. 320.14 in addition

  8  to all other fees. Validation stickers issued for vehicles

  9  taxed under the provisions of s. 320.08(6)(a), for any company

10  which owns 250 vehicles or more, or for semitrailers taxed

11  under the provisions of s. 320.08(5)(a), for any company which

12  owns 50 vehicles or more, may be placed on any vehicle in the

13  fleet so long as the vehicle receiving the validation sticker

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

15  the validation sticker was originally assigned.

16         Section 18.  Paragraph (a) of subsection (2) of section

17  320.072, Florida Statutes, is amended to read:

18         320.072  Additional fee imposed on certain motor

19  vehicle registration transactions.--

20         (2)  The fee imposed by subsection (1) shall not apply

21  to:

22         (a)  Any registration renewal transaction, except that

23  this exemption shall not apply if the plate being renewed

24  expired 10 or more years prior to the transaction date.

25         Section 19.  Subsection (6) of section 320.0805,

26  Florida Statutes, is amended to read:

27         320.0805  Personalized prestige license plates.--

28         (6)  A personalized prestige license plate shall be

29  issued for the exclusive continuing use of the applicant. An

30  exact duplicate of any plate may not be issued to any other

31  applicant during the same registration period. An exact

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  1  duplicate may not be issued for any succeeding year unless the

  2  previous owner of a specific plate relinquishes it by failure

  3  to apply for renewal or reissuance for 1 year three

  4  consecutive annual registration periods following the last

  5  original year of issuance.

  6         Section 20.  Paragraph (hh) is added to subsection (4)

  7  of section 320.08056, Florida Statutes, as amended by chapter

  8  2001-355, Laws of Florida, to read:

  9         320.08056  Specialty license plates.--

10         (4)  The following license plate annual use fees shall

11  be collected for the appropriate specialty license plates:

12         (hh)  Florida Golf license plate, $25.

13         Section 21.  Subsection (34) is added to section

14  320.08058, Florida Statutes, as amended by chapter 2001-355,

15  Laws of Florida, to read:

16         320.08058  Specialty license plates.--

17         (34)  FLORIDA GOLF LICENSE PLATES.--

18         (a)  The Department of Highway Safety and Motor

19  Vehicles shall develop a Florida Golf license plate as

20  provided in this section.  The word "Florida" must appear at

21  the bottom of the plate.  The Dade Amateur Golf Association,

22  following consultation with the PGA TOUR, the Florida Sports

23  Foundation, the LPGA, and the PGA of America may submit a

24  revised sample plate for consideration by the department.

25         (b)  The department shall distribute the Florida Golf

26  license plate annual use fee to the Florida Sports Foundation,

27  a direct-support organization of the Office of Tourism, Trade,

28  and Economic Development.  The license plate annual use fees

29  are to be annually allocated as follows:

30

31

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  1         1.  Up to 5 percent of the proceeds from the annual use

  2  fees may be used by the Florida Sports Foundation for the

  3  administration of the Florida Youth Golf Program.

  4         2.  The Dade Amateur Golf Association shall receive the

  5  first $80,000 in proceeds from the annual use fees for the

  6  operation of youth golf programs in Miami-Dade County.

  7  Thereafter, 15 percent of the proceeds from the annual use

  8  fees shall be provided to the Dade Amateur Golf Association

  9  for the operation of youth golf programs in Miami-Dade County.

10         3.  The remaining proceeds from the annual use fees

11  shall be available for grants to nonprofit organizations to

12  operate youth golf programs and for marketing the Florida Golf

13  license plates.  All grant recipients, including the Dade

14  Amateur Golf Association, shall be required to provide to the

15  Florida Sports Foundation an annual program and financial

16  report regarding the use of grant funds.  Such reports shall

17  be made available to the public.

18         (c)  The Florida Sports Foundation may establish a

19  Florida Youth Golf Program.  The Florida Youth Golf Program

20  shall assist organizations for the benefit of youth, introduce

21  young people to golf, instruct young people in golf, teach the

22  values of golf, and stress life skills, fair play, courtesy,

23  and self-discipline.

24         (d)  The Florida Sports Foundation shall establish a

25  seven-member advisory committee to offer advice regarding the

26  distribution of the annual use fees for grants to nonprofit

27  organizations.  The advisory committee shall consist of one

28  member from a group serving youth, one member from a group

29  serving disabled youth, and five members at large.

30         Section 22.  Subsection (1) of section 320.083, Florida

31  Statutes, is amended to read:

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  1         320.083  Amateur radio operators; special license

  2  plates; fees.--

  3         (1)  A person who is the owner or lessee of an

  4  automobile or truck for private use, a truck weighing not more

  5  than 7,999 5,000 pounds, or a recreational vehicle as

  6  specified in s. 320.08(9)(c) or (d), which is not used for

  7  hire or commercial use; who is a resident of the state; and

  8  who holds a valid official amateur radio station license

  9  issued by the Federal Communications Commission shall be

10  issued a special license plate upon application, accompanied

11  by proof of ownership of such radio station license, and

12  payment of the following tax and fees:

13         (a)  The license tax required for the vehicle, as

14  prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b),

15  (c), (d), (e), or (f), or (9); and

16         (b)  An initial additional fee of $5, and an additional

17  fee of $1.50 thereafter.

18         Section 23.  Subsections (2) and (3) of section

19  320.089, Florida Statutes, are amended to read:

20         320.089  Members of National Guard and active United

21  States Armed Forces reservists; former prisoners of war;

22  survivors of Pearl Harbor; Purple Heart medal recipients;

23  special license plates; fee.--

24         (2)  Each owner or lessee of an automobile or truck for

25  private use, truck weighing not more than 7,999 5,000 pounds,

26  or recreational vehicle as specified in s. 320.08(9)(c) or

27  (d), which is not used for hire or commercial use, who is a

28  resident of the state and who is a former prisoner of war, or

29  their unremarried surviving spouse, shall, upon application

30  therefor to the department, be issued a license plate as

31  provided in s. 320.06, on which license plate are stamped the

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  1  words "Ex-POW" followed by the serial number. Each application

  2  shall be accompanied by proof that the applicant meets the

  3  qualifications specified in paragraph (a) or paragraph (b).

  4         (a)  A citizen of the United States who served as a

  5  member of the Armed Forces of the United States or the armed

  6  forces of a nation allied with the United States who was held

  7  as a prisoner of war at such time as the Armed Forces of the

  8  United States were engaged in combat, or their unremarried

  9  surviving spouse, may be issued the special license plate

10  provided for in this subsection without payment of the license

11  tax imposed by s. 320.08.

12         (b)  A person who was serving as a civilian with the

13  consent of the United States Government, or a person who was a

14  member of the Armed Forces of the United States who was not a

15  United States citizen and was held as a prisoner of war when

16  the Armed Forces of the United States were engaged in combat,

17  or their unremarried surviving spouse, may be issued the

18  special license plate provided for in this subsection upon

19  payment of the license tax imposed by s. 320.08.

20         (3)  Each owner or lessee of an automobile or truck for

21  private use, truck weighing not more than 7,999 5,000 pounds,

22  or recreational vehicle as specified in s. 320.08(9)(c) or

23  (d), which is not used for hire or commercial use, who is a

24  resident of this state and who is the unremarried surviving

25  spouse of a recipient of the Purple Heart medal shall, upon

26  application therefor to the department, with the payment of

27  the required fees, be issued a license plate as provided in s.

28  320.06, on which license plate are stamped the words "Purple

29  Heart" and the likeness of the Purple Heart medal followed by

30  the serial number. Each application shall be accompanied by

31

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  1  proof that the applicant is the unremarried surviving spouse

  2  of a recipient of the Purple Heart medal.

  3         Section 24.  Section 321.02, Florida Statutes, is

  4  amended to read:

  5         321.02  Powers and duties of department, highway

  6  patrol.--The director of the Division of Highway Patrol of the

  7  Department of Highway Safety and Motor Vehicles shall also be

  8  the commander of the Florida Highway Patrol. The said

  9  department shall set up and promulgate rules and regulations

10  by which the personnel of the Florida Highway Patrol officers

11  shall be examined, employed, trained, located, suspended,

12  reduced in rank, discharged, recruited, paid and pensioned,

13  subject to civil service provisions hereafter set out. The

14  department may enter into contracts or agreements, with or

15  without competitive bidding or procurement, to make available,

16  on a fair, reasonable, nonexclusive, and nondiscriminatory

17  basis, property and other structures under division control

18  for the placement of new facilities by any wireless provider

19  of mobile service as defined in 47 U.S.C. s. 153(n) or s.

20  332(d), and any telecommunications company as defined in s.

21  364.02 when it is determined to be practical and feasible to

22  make such property or other structures available. The

23  department may, without adopting a rule, charge a just,

24  reasonable, and nondiscriminatory fee for placement of the

25  facilities, payable annually, based on the fair market value

26  of space used by comparable communications facilities in the

27  state. The department and a wireless provider or

28  telecommunications company may negotiate the reduction or

29  elimination of a fee in consideration of services provided to

30  the division by the wireless provider or the

31  telecommunications company. All such fees collected by the

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  1  department shall be deposited directly into the State Agency

  2  Law Enforcement Radio System Trust Fund, and may be used to

  3  construct, maintain, or support the system. The department is

  4  further specifically authorized to purchase, sell, trade,

  5  rent, lease and maintain all necessary equipment, uniforms,

  6  motor vehicles, communication systems, housing facilities,

  7  office space, and perform any other acts necessary for the

  8  proper administration and enforcement of this chapter.

  9  However, all supplies and equipment consisting of single items

10  or in lots shall be purchased under the requirements of s.

11  287.057.  Purchases shall be made by accepting the bid of the

12  lowest responsive bidder, the right being reserved to reject

13  all bids. The department shall prescribe a distinctive uniform

14  and distinctive emblem to be worn by all officers of the

15  Florida Highway Patrol.  It shall be unlawful for any other

16  person or persons to wear a similar uniform or emblem, or any

17  part or parts thereof.  The department shall also prescribe a

18  distinctive color or colors for use on all motor vehicles and

19  motorcycles operated to be used by the Florida Highway Patrol.

20  The prescribed colors shall be referred to as "Florida Highway

21  Patrol black and tan."

22         Section 25.  Subsection (7) is added to section

23  322.051, Florida Statutes, to read:

24         322.051  Identification cards.--

25         (7)  Any person accepting the Florida driver license as

26  proof of identification must accept a Florida identification

27  card as proof of identification when the bearer of the

28  identification card does not also have a driver license.

29         Section 26.  Subsection (7) of section 322.095, Florida

30  Statutes, is amended, and subsections (8) and (9) are added to

31  said section, to read:

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  1         322.095  Traffic law and substance abuse education

  2  program for driver's license applicants.--

  3         (7)(a)  No governmental entity or court shall provide,

  4  issue, or maintain any information or orders regarding traffic

  5  law and substance abuse education program schools or course

  6  providers, with the exception of directing inquiries or

  7  requests to the local telephone directory heading of driving

  8  instruction or the driver's license applicant reference guide.

  9  However, The department is authorized to maintain the

10  information and records necessary to administer its duties and

11  responsibilities for the program. Where such information is a

12  public record as defined in chapter 119, it shall be made

13  available to the public upon request pursuant to s. 119.07(1).

14  The department may prepare a list of fully approved traffic

15  law and substance abuse education course providers with a

16  single telephone number for each such provider, as furnished

17  by the provider.

18         (b)  The department shall prepare for any governmental

19  entity to distribute a driver's license applicant reference

20  guide which shall list the benefits of attending a traffic law

21  and substance abuse education school, but under no

22  circumstance may include any list of course providers or

23  schools. The department shall refer further inquiries to the

24  telephone directory heading of driving instruction.

25         (8)  The department shall approve and regulate courses

26  of all traffic law and substance abuse education schools that

27  use technology as the delivery method as the courses relate to

28  this section.

29         (9)  In determining whether to approve courses of

30  traffic law and substance abuse education schools that use

31  technology as the delivery method as the courses relate to

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  1  this section, for courses submitted on or after May 1, 2002,

  2  the department shall consider only those courses submitted by

  3  a person, business, or entity that has received:

  4         (a)  Approval for statewide delivery; and

  5         (b)  Independent scientific research evidence of course

  6  effectiveness.

  7         Section 27.  Subsection (7) of section 322.25, Florida

  8  Statutes, is amended to read:

  9         322.25  When court to forward license to department and

10  report convictions; temporary reinstatement of driving

11  privileges.--

12         (7)  Any licensed driver convicted of driving, or being

13  in the actual physical control of, a vehicle within this state

14  while under the influence of alcoholic beverages, any chemical

15  substance set forth in s. 877.111, or any substance controlled

16  under chapter 893, when affected to the extent that his or her

17  normal faculties are impaired, and whose license and driving

18  privilege have been revoked as provided in subsection (1) may

19  be issued a court order for reinstatement of a driving

20  privilege on a temporary basis; provided that, as a part of

21  the penalty, upon conviction, the defendant is required to

22  enroll in and complete a driver improvement course for the

23  rehabilitation of drinking drivers and the driver is otherwise

24  eligible for reinstatement of the driving privilege as

25  provided by s. 322.282. The court order for reinstatement

26  shall be on a form provided by the department and must be

27  taken by the person convicted to a Florida driver's license

28  examining office, where a temporary driving permit may be

29  issued. The period of time for which a temporary permit issued

30  in accordance with this subsection is valid shall be deemed to

31  be part of the period of revocation imposed by the court.

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  1         Section 28.  Subsection (5) of section 322.27, Florida

  2  Statutes, is amended to read:

  3         322.27  Authority of department to suspend or revoke

  4  license.--

  5         (5)  The department shall revoke the license of any

  6  person designated a habitual offender, as set forth in s.

  7  322.264, and such person shall not be eligible to be

  8  relicensed for a minimum of 5 years after from the date of

  9  revocation, except as provided for in s. 322.271. Any person

10  whose license is revoked may, by petition to the department,

11  show cause why his or her license should not be revoked.

12         Section 29.  Subsection (4) of section 322.271, Florida

13  Statutes, is amended to read:

14         322.271  Authority to modify revocation, cancellation,

15  or suspension order.--

16         (4)  Notwithstanding the provisions of s.

17  322.28(2)(d)(e), a person whose driving privilege has been

18  permanently revoked because he or she has been convicted of

19  DUI manslaughter in violation of s. 316.193 and has no prior

20  convictions for DUI-related offenses may, upon the expiration

21  of 5 years after the date of such revocation or the expiration

22  of 5 years after the termination of any term of incarceration

23  under s. 316.193 or former s. 316.1931, whichever date is

24  later, petition the department for reinstatement of his or her

25  driving privilege.

26         (a)  Within 30 days after the receipt of such a

27  petition, the department shall afford the petitioner an

28  opportunity for a hearing. At the hearing, the petitioner must

29  demonstrate to the department that he or she:

30         1.  Has not been arrested for a drug-related offense

31  during the 5 years preceding the filing of the petition;

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  1         2.  Has not driven a motor vehicle without a license

  2  for at least 5 years prior to the hearing;

  3         3.  Has been drug-free for at least 5 years prior to

  4  the hearing; and

  5         4.  Has completed a DUI program licensed by the

  6  department.

  7         (b)  At such hearing, the department shall determine

  8  the petitioner's qualification, fitness, and need to drive.

  9  Upon such determination, the department may, in its

10  discretion, reinstate the driver's license of the petitioner.

11  Such reinstatement must be made subject to the following

12  qualifications:

13         1.  The license must be restricted for employment

14  purposes for not less than 1 year; and

15         2.  Such person must be supervised by a DUI program

16  licensed by the department and report to the program for such

17  supervision and education at least four times a year or

18  additionally as required by the program for the remainder of

19  the revocation period. Such supervision shall include

20  evaluation, education, referral into treatment, and other

21  activities required by the department.

22         (c)  Such person must assume the reasonable costs of

23  supervision. If such person fails to comply with the required

24  supervision, the program shall report the failure to the

25  department, and the department shall cancel such person's

26  driving privilege.

27         (d)  If, after reinstatement, such person is convicted

28  of an offense for which mandatory revocation of his or her

29  license is required, the department shall revoke his or her

30  driving privilege.

31

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  1         (e)  The department shall adopt rules regulating the

  2  providing of services by DUI programs pursuant to this

  3  section.

  4         Section 30.  Paragraphs (d) and (e) of subsection (2)

  5  of section 322.28, Florida Statutes, are amended to read:

  6         322.28  Period of suspension or revocation.--

  7         (2)  In a prosecution for a violation of s. 316.193 or

  8  former s. 316.1931, the following provisions apply:

  9         (d)  When any driver's license or driving privilege has

10  been revoked pursuant to the provisions of this section, the

11  department shall not grant a new license, except upon

12  reexamination of the licensee after the expiration of the

13  period of revocation so prescribed. However, the court may, in

14  its sound discretion, issue an order of reinstatement on a

15  form furnished by the department which the person may take to

16  any driver's license examining office for reinstatement by the

17  department pursuant to s. 322.282.

18         (d)(e)  The court shall permanently revoke the driver's

19  license or driving privilege of a person who has been

20  convicted four times for violation of s. 316.193 or former s.

21  316.1931 or a combination of such sections. The court shall

22  permanently revoke the driver's license or driving privilege

23  of any person who has been convicted of DUI manslaughter in

24  violation of s. 316.193. If the court has not permanently

25  revoked such driver's license or driving privilege within 30

26  days after imposing sentence, the department shall permanently

27  revoke the driver's license or driving privilege pursuant to

28  this paragraph. No driver's license or driving privilege may

29  be issued or granted to any such person. This paragraph

30  applies only if at least one of the convictions for violation

31  of s. 316.193 or former s. 316.1931 was for a violation that

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  1  occurred after July 1, 1982. For the purposes of this

  2  paragraph, a conviction for violation of former s. 316.028,

  3  former s. 316.1931, or former s. 860.01 is also considered a

  4  conviction for violation of s. 316.193. Also, a conviction of

  5  driving under the influence, driving while intoxicated,

  6  driving with an unlawful blood-alcohol level, or any other

  7  similar alcohol-related or drug-related traffic offense

  8  outside this state is considered a conviction for the purposes

  9  of this paragraph.

10         Section 31.  Sections 322.282 and 322.331, Florida

11  Statutes, are repealed.

12         Section 32.  Subsection (3) is added to section

13  324.091, Florida Statutes, to read:

14         324.091  Notice to department; notice to insurer.--

15         (3)  Electronic access to the vehicle insurer

16  information maintained in the department's vehicle database

17  may be provided by an approved third-party provider to

18  insurers, lawyers, and financial institutions in compliance

19  with s. 627.736(9)(a) and for subrogation and claims purposes

20  only. The compilation and retention of this information is

21  strictly prohibited.

22         Section 33.  Paragraph (b) of subsection (3) of section

23  328.01, Florida Statutes, is amended to read:

24         328.01  Application for certificate of title.--

25         (3)

26         (b)  If the application for transfer of title is based

27  upon a contractual default, the recorded lienholder shall

28  establish proof of right to ownership by submitting with the

29  application the original certificate of title and a copy of

30  the applicable contract upon which the claim of ownership is

31  made. If the claim is based upon a court order or judgment, a

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  1  copy of such document shall accompany the application for

  2  transfer of title. If, on the basis of departmental records,

  3  there appears to be any other lien on the vessel, the

  4  certificate of title must contain a statement of such a lien,

  5  unless the application for a certificate of title is either

  6  accompanied by proper evidence of the satisfaction or

  7  extinction of the lien or contains a statement certifying that

  8  any lienholder named on the last-issued certificate of title

  9  has been sent notice by certified mail, at least 5 days before

10  the application was filed, of the applicant's intention to

11  seek a repossessed title. If such notice is given and no

12  written protest to the department is presented by a subsequent

13  lienholder within 15 days after the date on which the notice

14  was mailed, the certificate of title shall be issued showing

15  no liens. If the former owner or any subsequent lienholder

16  files a written protest under oath within the 15-day period,

17  the department shall not issue the repossessed certificate for

18  10 days thereafter. If, within the 10-day period, no

19  injunction or other order of a court of competent jurisdiction

20  has been served on the department commanding it not to deliver

21  the certificate, the department shall deliver the repossessed

22  certificate to the applicant, or as is otherwise directed in

23  the application, showing no other liens than those shown in

24  the application.

25         Section 34.  Subsection (2) of section 328.42, Florida

26  Statutes, is amended to read:

27         328.42  Suspension or denial of a vessel registration

28  due to support delinquency; dishonored checks.--

29         (2)  The department may deny or cancel any vessel

30  registration, license plate, or fuel-use tax decal if the

31  owner pays for the registration, license plate, fuel-use tax

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  1  decal, or any tax liability, penalty, or interest specified in

  2  chapter 207 by a dishonored check.

  3         Section 35.  Section 328.56, Florida Statutes, is

  4  amended to read:

  5         328.56  Vessel registration number.--Each vessel that

  6  is used on the waters of the state must display a commercial

  7  or recreational Florida registration number, unless it is:

  8         (1)  A vessel used exclusively on private lakes and

  9  ponds.

10         (2)  A vessel owned by the United States Government.

11         (3)  A vessel used exclusively as a ship's lifeboat.

12         (4)  A non-motor-powered vessel.

13         (5)  A federally documented vessel.

14         (6)  A vessel already covered by a registration number

15  in full force and effect which has been awarded to it pursuant

16  to a federally approved numbering system of another state or

17  by the United States Coast Guard in a state without a

18  federally approved numbering system, if the vessel has not

19  been within this state for a period in excess of 90

20  consecutive days.

21         (7)  A vessel operating under a valid temporary

22  certificate of number.

23         (8)  A vessel from a country other than the United

24  States temporarily using the waters of this state.

25         (9)  An undocumented vessel used exclusively for

26  racing.

27         Section 36.  Subsection (4) of section 328.72, Florida

28  Statutes, is amended to read:

29         328.72  Classification; registration; fees and charges;

30  surcharge; disposition of fees; fines; marine turtle

31  stickers.--

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  1         (4)  TRANSFER OF OWNERSHIP.--

  2         (a)  When the ownership of a registered vessel changes,

  3  an application for transfer of registration shall be filed

  4  with the county tax collector by the new owner within 30 days

  5  with a fee of $3.25. The county tax collector shall retain

  6  $2.25 of the fee and shall remit $1 to the department. A

  7  refund may not be made for any unused portion of a

  8  registration period.

  9         (b)  If a vessel is an antique as defined in subsection

10  (2), the application shall be accompanied by either a

11  certificate of title, a bill of sale and a registration, or a

12  bill of sale and an affidavit by the owner defending the title

13  from all claims. The bill of sale must contain a complete

14  vessel description to include the hull identification number

15  and engine number, if appropriate; the year, make, and color

16  of the vessel; the selling price; and the signatures of the

17  seller and purchaser.

18         Section 37.  Subsection (3) is added to section 832.09,

19  Florida Statutes, to read:

20         832.09  Suspension of driver license after warrant or

21  capias is issued in worthless check case.--

22         (3)  The Department of Highway Safety and Motor

23  Vehicles shall create a standardized form to be distributed to

24  the clerks of the court in each county for the purpose of

25  notifying the department that a person has satisfied the

26  requirements of the court. Notices of compliance with the

27  court's requirements shall be on the standardized form

28  provided by the department.

29         Section 38.  This act shall take effect October 1,

30  2002.

31

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