House Bill hb1213e2

CODING: Words stricken are deletions; words underlined are additions.




                                      CS/HB 1213, Second Engrossed



  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; revising the traffic control

11         jurisdiction of a county over certain roads and

12         rights-of-way dedicated in a residential

13         subdivision under certain circumstances;

14         creating s. 316.00825, F.S.; authorizing the

15         governing body of a county to abandon the roads

16         and rights-of-way dedicated in a recorded

17         subdivision plat under certain circumstances;

18         providing for traffic control jurisdiction of

19         such roads; amending s. 316.061, F.S.;

20         authorizing certain entities to remove crashed

21         motor vehicles from roadways under certain

22         circumstances; providing a limitation of

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

24         for access to vehicle crash reports by local,

25         state, and federal entities under certain

26         circumstances; requiring said entities to

27         maintain confidential status of such reports;

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

29         of solid waste and recovered materials vehicles

30         from provisions regarding unattended motor

31         vehicles under certain circumstances; creating


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

  2         utility vehicles on city streets, county roads,

  3         or the State Highway System under certain

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

  5         authorizing emergency response vehicles of the

  6         Department of Health to use red flashing

  7         lights; amending s. 316.304, F.S.; revising

  8         requirements regarding the wearing of headsets

  9         while operating a vehicle; amending s. 316.520,

10         F.S.; exempting certain vehicles carrying

11         agricultural products; providing for criminal

12         penalties for failure to secure loads on

13         vehicles under certain circumstances; amending

14         s. 316.640, F.S.; revising traffic law

15         enforcement authority of university police

16         officers; revising the powers and duties of

17         traffic crash investigation officers; amending

18         s. 318.1451, F.S.; providing traffic school

19         reference guide requirements; amending s.

20         318.18, F.S.; providing for assessment of

21         doubled fines for speeding in toll collection

22         zones; providing a minimum penalty for

23         violations of s. 316.520, F.S.; amending s.

24         318.19, F.S.; providing a mandatory hearing for

25         violations of s. 316.520, F.S.; revising

26         traffic law enforcement authority of the Office

27         of Agricultural Law Enforcement; amending s.

28         322.056, F.S.; authorizing the court to direct

29         the Department of Highway Safety and Motor

30         Vehicles to issue a driver's license restricted

31         to business or employment purposes only to


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         certain persons under age 18 found guilty of

  2         certain alcohol, drug, or tobacco offenses;

  3         amending s. 570.073, F.S.; revising the powers

  4         and duties of the Office of Agricultural Law

  5         Enforcement; amending s. 319.23, F.S.;

  6         requiring the Department of Highway Safety and

  7         Motor Vehicles to retain certain evidence of

  8         title; amending s. 319.28, F.S.; revising

  9         requirements for processing an application for

10         title based on a contractual default; amending

11         s. 319.33, F.S.; revising the elements of the

12         offense of possessing, selling or offering for

13         sale, concealing, or disposing of a motor

14         vehicle or mobile home, or major component part

15         thereof, on which the motor number or vehicle

16         identification number has been destroyed,

17         removed, covered, altered, or defaced;

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

19         providing for confidential registration and

20         issuance under fictitious name of decals for

21         vessels operated by a law enforcement agency;

22         requiring registration number and decal to be

23         affixed to such vessel; amending s. 320.05,

24         F.S.; providing for release of vessel

25         registration information; providing exceptions;

26         amending s. 320.055, F.S.; providing

27         registration period for certain nonapportioned

28         vehicles; amending s. 320.06, F.S.; revising

29         form of license plate validation stickers;

30         reducing the number of required validation

31         stickers per plate; amending s. 320.072, F.S.;


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         revising initial registration fee exemptions;

  2         amending s. 320.0805, F.S.; reducing the

  3         timeframe for a personalized license plate to

  4         remain out of circulation prior to

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

  6         providing for a use fee; amending s. 320.08058,

  7         F.S.; directing the Department of Highway

  8         Safety and Motor Vehicles to develop a Florida

  9         Golf license plate; providing for the

10         distribution and use of fees; authorizing the

11         Florida Sports Foundation to establish a youth

12         golf program; providing for an advisory

13         committee; amending s. 320.083, F.S.; revising

14         requirements for the Amateur Radio Operator

15         specialty license plate; amending s. 320.0848,

16         F.S.; revising fees for the 4-year disabled

17         parking permit and renewal permit; amending s.

18         320.089, F.S.; revising weight restriction for

19         the Ex-POW and Purple Heart license plates;

20         amending s. 320.275, F.S.; creating a technical

21         advisory committee to the Automobile Dealers

22         Industry Advisory Board; providing for its

23         duties and composition; requiring the office of

24         the Attorney General, the Department of

25         Agriculture and Consumer Services, and the

26         Department of Highway Safety and Motor Vehicles

27         to provide consumer education and information;

28         amending s. 321.02, F.S.; providing for colors

29         for use on Florida Highway Patrol motor

30         vehicles and motorcycles; amending s. 322.051,

31         F.S.; requiring acceptance of the Florida


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         identification card as proof of identification

  2         by persons accepting the Florida driver license

  3         as proof of identification; amending s.

  4         322.095, F.S.; deleting provision prohibiting

  5         governmental entities or courts from providing

  6         information regarding traffic law and substance

  7         abuse education program schools or course

  8         providers; authorizing the Department of

  9         Highway Safety and Motor Vehicles to provide a

10         list of approved traffic law and substance

11         abuse education course providers with a single

12         phone number for each provider; requiring the

13         Department of Highway Safety and Motor Vehicles

14         to approve and regulate certain courses for

15         driver improvement schools; amending s. 322.25,

16         F.S.; correcting a cross reference; amending s.

17         322.27, F.S.; revising language relating to

18         habitual traffic offender license revocation;

19         amending s. 322.271, F.S.; correcting a cross

20         reference; amending s. 322.28, F.S.; deleting

21         obsolete language relating to revocation of a

22         driver's license; repealing s. 322.282, F.S.,

23         relating to procedure when court revokes or

24         suspends license or driving privilege and

25         orders reinstatement, and s. 322.331, F.S.,

26         relating to restoration of license for habitual

27         traffic offenders; amending s. 324.091, F.S.;

28         providing for electronic access to vehicle

29         insurer information; prohibiting compilation

30         and retention of such information; amending s.

31         328.01, F.S.; deleting the requirement that a


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         copy of a contract upon which a claim of

  2         ownership of a vessel is made be submitted if

  3         an application for transfer of title is based

  4         on a contractual default; amending s. 328.42,

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

  6         cancel a vessel registration, license plate, or

  7         fuel-use tax decal when given a dishonored

  8         check by the customer; amending s. 328.56,

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

10         vessel registration number; amending s. 328.72,

11         F.S.; deleting certain requirements for the

12         transfer of ownership of an antique vessel;

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

14         department to create a standardized form for

15         notification from clerks of courts of

16         satisfaction of a worthless check; providing an

17         effective date.

18

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

20

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

22  Statutes, is amended to read:

23         316.003  Definitions.--The following words and phrases,

24  when used in this chapter, shall have the meanings

25  respectively ascribed to them in this section, except where

26  the context otherwise requires:

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

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

29  ambulances and emergency vehicles of municipal departments,

30  public service corporations operated by private corporations,

31  the Department of Environmental Protection, the Department of


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  Health, and the Department of Transportation as are designated

  2  or authorized by their respective department or the chief of

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

  4  various counties.

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

  6  paragraph (b) of subsection (3) are amended and paragraph (c)

  7  is added to subsection (3) of section 316.006, Florida

  8  Statutes, to read:

  9         316.006  Jurisdiction.--Jurisdiction to control traffic

10  is vested as follows:

11         (2)  MUNICIPALITIES.--

12         (b)  A municipality may exercise jurisdiction over any

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

14  roads owned or controlled by a special district, located

15  within its boundaries if the municipality and party or parties

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

17  agreement approved by the governing body of the municipality,

18  for municipal traffic control jurisdiction over the road or

19  roads encompassed by such agreement. Pursuant thereto:

20         1.  Provision for reimbursement for actual costs of

21  traffic control and enforcement and for liability insurance

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

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

24  agreement.

25         2.  The exercise of jurisdiction provided for herein

26  shall be in addition to jurisdictional authority presently

27  exercised by municipalities under law, and nothing in this

28  paragraph shall be construed to limit or remove any such

29  jurisdictional authority. Such jurisdiction includes

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

31  or personnel.


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         3.  Any such agreement may provide for the installation

  2  of multiparty stop signs by the parties controlling the roads

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

  4  parties that the signage will enhance traffic safety.

  5  Multiparty stop signs must conform to the manual and

  6  specifications of the Department of Transportation; however,

  7  minimum traffic volumes may not be required for the

  8  installation of such signage. Enforcement for the signs shall

  9  be as provided in s. 316.123.

10

11  This subsection shall not limit those counties which have the

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

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

14  proper exercise of those powers by the placement and

15  maintenance of traffic control devices which conform to the

16  manual and specifications of the Department of Transportation

17  on streets and highways located within municipal boundaries.

18         (3)  COUNTIES.--

19         (b)  A county may exercise jurisdiction over any

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

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

22  the unincorporated area within its boundaries if the county

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

24  provide, by written agreement approved by the governing body

25  of the county, for county traffic control jurisdiction over

26  the road or roads encompassed by such agreement. Pursuant

27  thereto:

28         1.  Provision for reimbursement for actual costs of

29  traffic control and enforcement and for liability insurance

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

31


                                  8

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

  2  agreement.

  3         2.  Prior to entering into an agreement which provides

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

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

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

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

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

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

10  in writing by the sheriff.

11         3.  The exercise of jurisdiction provided for herein

12  shall be in addition to jurisdictional authority presently

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

14  shall be construed to limit or remove any such jurisdictional

15  authority.

16         4.  Any such agreement may provide for the installation

17  of multiparty stop signs by the parties controlling the roads

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

19  parties that the signage will enhance traffic safety.

20  Multiparty stop signs must conform to the manual and

21  specifications of the Department of Transportation; however,

22  minimum traffic volumes may not be required for the

23  installation of such signage. Enforcement for the signs shall

24  be as provided in s. 316.123.

25         (c)  If the governing body of a county abandons the

26  roads and rights-of-way dedicated in a recorded residential

27  subdivision, and simultaneously conveys the county's interest

28  therein to a homeowners' association for the subdivision in

29  the manner prescribed in s. 316.00825, that county's traffic

30  control jurisdiction over the abandoned and conveyed roads

31  ceases unless the requirements of paragraph (b) are met.


                                  9

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1

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

  3  shall have original jurisdiction to regulate parking, by

  4  resolution of the board of county commissioners and the

  5  erection of signs conforming to the manual and specifications

  6  of the Department of Transportation, in parking areas located

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

  8  areas are located within the boundaries of chartered

  9  municipalities.

10         Section 3.  Section 316.00825, Florida Statutes, is

11  created to read:

12         316.00825  Closing and abandonment of roads; optional

13  conveyance to homeowners' association; traffic control

14  jurisdiction.--

15         (1)(a)  In addition to the authority provided in s.

16  336.12, the governing body of the county may abandon the roads

17  and rights-of-way dedicated in a recorded residential

18  subdivision plat and simultaneously convey the county's

19  interest in such roads, rights-of-way, and appurtenant

20  drainage facilities to a homeowners' association for the

21  subdivision, if the following conditions have been met:

22         1.  The homeowners' association has requested the

23  abandonment and conveyance in writing for the purpose of

24  converting the subdivision to a gated neighborhood with

25  restricted public access.

26         2.  No fewer than four-fifths of the owners of record

27  of property located in the subdivision have consented in

28  writing to the abandonment and simultaneous conveyance to the

29  homeowners' association.

30         3.  The homeowners' association is both a corporation

31  not for profit organized and in good standing under chapter


                                  10

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  617, and a "homeowners' association" as  defined in s.

  2  720.301(7) with the power to levy and collect assessments for

  3  routine and periodic major maintenance and operation of street

  4  lighting, drainage, sidewalks, and pavement in the

  5  subdivision.

  6         4.  The homeowners' association has entered into and

  7  executed such agreements, covenants, warranties, and other

  8  instruments; has provided, or has provided assurance of, such

  9  funds, reserve funds, and funding sources; and has satisfied

10  such other requirements and conditions as may be established

11  or imposed by the county with respect to the ongoing

12  operation, maintenance, and repair and the periodic

13  reconstruction or replacement of the roads, drainage, street

14  lighting, and sidewalks in the subdivision after the

15  abandonment by the county.

16         (b)  The homeowners' association shall install,

17  operate, maintain, repair, and replace all signs, signals,

18  markings, striping, guardrails, and other traffic control

19  devices necessary or useful for the private roads unless an

20  agreement has been entered into between the county and the

21  homeowners' association, as authorized under s. 316.006(3)(b),

22  expressly providing that the county has traffic control

23  jurisdiction.

24         (2)  Upon abandonment of the roads and rights-of-way

25  and the conveyance thereof to the homeowners' association, the

26  homeowners' association shall have all the rights, title, and

27  interest in the roads and rights-of-way, including all

28  appurtenant drainage facilities, as were previously vested in

29  the county.  Thereafter, the homeowners' association shall

30  hold the roads and rights-of-way in trust for the benefit of

31  the owners of the property in the subdivision, and shall


                                  11

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  operate, maintain, repair, and, from time to time, replace and

  2  reconstruct the roads, street lighting, sidewalks, and

  3  drainage facilities as necessary to ensure their use and

  4  enjoyment by the property owners, tenants, and residents of

  5  the subdivision and their guests and invitees.  The provisions

  6  of this section shall be regarded as supplemental and

  7  additional to the provisions of s. 336.12, and shall not be

  8  regarded as in derogation of that section.

  9         Section 4.  Subsection (3) is added to section 316.061,

10  Florida Statutes, to read:

11         316.061  Crashes involving damage to vehicle or

12  property.--

13         (3)  Employees or authorized agents of the Department

14  of Transportation, law enforcement with proper jurisdiction,

15  and an expressway authority created pursuant to chapter 348,

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

17  highway system, may undertake the removal from the main

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

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

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

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

22  and where such removal can be accomplished safely and will

23  result in the improved safety or convenience of travel upon

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

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

26  this subsection shall not be considered liable or at fault

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

28  the vehicle.

29         Section 5.  Paragraph (c) of subsection (3) of section

30  316.066, Florida Statutes, is amended to read:

31         316.066  Written reports of crashes.--


                                  12

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         (3)

  2         (c)  Crash reports required by this section which

  3  reveal the identity, home or employment telephone number or

  4  home or employment address of, or other personal information

  5  concerning the parties involved in the crash and which are

  6  received or prepared by any agency that regularly receives or

  7  prepares information from or concerning the parties to motor

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

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

10  60 days after the date the report is filed. However, such

11  reports may be made immediately available to the parties

12  involved in the crash, their legal representatives, their

13  licensed insurance agents, their insurers or insurers to which

14  they have applied for coverage, persons under contract with

15  such insurers to provide claims or underwriting information,

16  prosecutorial authorities, radio and television stations

17  licensed by the Federal Communications Commission, newspapers

18  qualified to publish legal notices under ss. 50.011 and

19  50.031, and free newspapers of general circulation, published

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

21  public generally for the dissemination of news. For the

22  purposes of this section, the following products or

23  publications are not newspapers as referred to in this

24  section: those intended primarily for members of a particular

25  profession or occupational group; those with the primary

26  purpose of distributing advertising; and those with the

27  primary purpose of publishing names and other personally

28  identifying information concerning parties to motor vehicle

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

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

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


                                  13

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  furtherance of the agency's statutory duties notwithstanding

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

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

  4  maintain the confidential and exempt status of those reports

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

  6  entity. Any person attempting to access crash reports within

  7  60 days after the date the report is filed must present

  8  legitimate credentials or identification that demonstrates his

  9  or her qualifications to access that information. This

10  exemption is subject to the Open Government Sunset Review Act

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

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

13  through reenactment by the Legislature.

14         Section 6.  Subsection (2) of section 316.1975, Florida

15  Statutes, is amended to read:

16         316.1975  Unattended motor vehicle.--

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

18         (a)  An authorized emergency vehicle while in the

19  performance of official duties and the vehicle is equipped

20  with an activated antitheft device that prohibits the vehicle

21  from being driven; or

22         (b)  A licensed delivery truck or other delivery

23  vehicle while making deliveries; or

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

25  collecting such items.

26         Section 7.  Section 316.2127, Florida Statutes, is

27  created to read:

28         316.2127  Operation of utility vehicles on certain

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

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

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


                                  14

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

  2  as provided herein:

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

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

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

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

  7  maintenance, security, and landscaping purposes. Prior to

  8  making such a designation, the responsible local governmental

  9  entity must first determine that utility vehicles may safely

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

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

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

13  that utility vehicles may be safely operated on a designated

14  road or street, the responsible governmental entity shall post

15  appropriate signs to indicate that such operation is allowed.

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

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

18  System only under the following conditions:

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

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

21  designated for use by utility vehicles if the Department of

22  Transportation has reviewed and approved the location and

23  design of the crossing and any traffic control devices needed

24  for safety purposes.

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

26  Highway System where the highway bisects property controlled

27  or maintained by a homeowners' association if the Department

28  of Transportation has reviewed and approved the location and

29  design of the crossing and any traffic control devices needed

30  for safety purposes.

31


                                  15

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

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

  3  335.0415 if the Department of Transportation determines that

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

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

  6  vehicle traffic. The department may authorize the operation of

  7  utility vehicles on such a road if:

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

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

10  safest travel route among alternative routes available; and

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

12  traffic on the road is considered in making such a

13  determination.

14

15  Upon its determination that utility vehicles may be operated

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

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

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

19  association or its agents only during the hours between

20  sunrise and sunset, unless the responsible governmental entity

21  has determined that a utility vehicle may be operated during

22  the hours between sunset and sunrise and the utility vehicle

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

24  windshield.

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

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

27  mirror, and red reflectorized warning devices in both the

28  front and the rear.

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

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

31


                                  16

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  A violation of this section is a noncriminal traffic

  2  infraction, punishable pursuant to chapter 318 as either a

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

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

  5  violation for infractions of subsection (5).

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

  7  Statutes, is amended to read:

  8         316.2397  Certain lights prohibited; exceptions.--

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

10  response vehicles of the Department of Environmental

11  Protection and the Department of Health when responding to an

12  emergency in the line of duty.

13         Section 9.  Subsection (2) of section 316.304, Florida

14  Statutes, is amended to read:

15         316.304 Wearing of headsets.--

16         (2)  This section does not apply to:

17         (a)  Any law enforcement officer equipped with any

18  communication device necessary in performing his or her

19  assigned duties or to any emergency vehicle operator equipped

20  with any ear protection device.

21         (b)  Any applicant for a license to operate a

22  motorcycle while taking the examination required by s.

23  322.12(5).

24         (c)  Any person operating a motorcycle who is using a

25  headset that is installed in a helmet and worn so as to

26  prevent the speakers from making direct contact with the

27  user's ears so that the user can hear surrounding sounds.

28         (d)  Any person using a headset in conjunction with a

29  cellular telephone that only provides sound through one ear

30  and allows surrounding sounds to be hear with the other ear.

31


                                  17

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         (e)  Any person using a headset in conjunction with

  2  communicating with the central base operation that only

  3  provides sound through one ear and allows surrounding sounds

  4  to be heard with the other ear.

  5         Section 10.  Section 316.520, Florida Statutes, is

  6  amended to read:

  7         316.520  Loads on vehicles.--

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

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

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

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

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

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

14  or maintaining the roadway.

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

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

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

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

19  inanimate object or objects, or any similar material that

20  could fall or blow from such vehicle, to prevent such

21  materials from falling, blowing, or in any way escaping from

22  such vehicle. Covering and securing the load with a

23  close-fitting tarpaulin or other appropriate cover or a load

24  securing device meeting the requirements of 49 C.F.R. s.

25  393.100 or a device designed to reasonably ensure that cargo

26  will not shift upon or fall from the vehicle is required and

27  shall constitute compliance with this section.

28         (3)(a)  Except as provided in paragraph (b), a

29  violation of this section is a noncriminal traffic infraction,

30  punishable as a nonmoving violation as provided in chapter

31  318.


                                  18

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         (b)  Any person who willfully violates the provisions

  2  of this section which offense results in serious bodily injury

  3  or death to an individual and which offense occurs as a result

  4  of failing to comply with subsections (1) and (2) commits a

  5  criminal traffic offense and a misdemeanor of the second

  6  degree, punishable as provided in s. 775.082 or s. 775.083.

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

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

  9  or other appropriate cover does not apply to vehicles carrying

10  agricultural products locally from a harvest site or to or

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

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

13  less than 20 miles.

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

15  of section 318.18, Florida Statutes, and subsection (12) is

16  added to said section,  to read:

17         318.18  Amount of civil penalties.--The penalties

18  required for a noncriminal disposition pursuant to s. 318.14

19  are as follows:

20         (3)

21         (b)  For moving violations involving unlawful speed,

22  the fines are as follows:

23

24  For speed exceeding the limit by:                        Fine:

25  1-5 m.p.h..............................................Warning

26  6-9 m.p.h.................................................$ 25

27  10-14 m.p.h...............................................$100

28  15-19 m.p.h...............................................$125

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

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

31


                                  19

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

  2  within a zone posted for any electronic or manual toll

  3  collection facility will be assessed a fine double the amount

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

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

  6  subject to a doubled fine unless the governmental entity or

  7  authority controlling the toll collection zone first installs

  8  a traffic control device providing warning that speeding fines

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

10  requirements of the uniform system of traffic control devices.

11         (12)  One hundred dollars for a violation of s.

12  316.520(1) or (2). If, at a hearing, the alleged offender is

13  found to have committed this offense, the court shall impose a

14  minimum civil penalty of $100. For a second or subsequent

15  adjudication within a period of 5 years, the department shall

16  suspend the driver's license of the person for not less than

17  180 days and not more than 1 year.

18         Section 12.  Section 318.19, Florida Statutes, is

19  amended to read:

20         318.19  Infractions requiring a mandatory hearing.--Any

21  person cited for the infractions listed in this section shall

22  not have the provisions of s. 318.14(2), (4), and (9)

23  available to him or her but must appear before the designated

24  official at the time and location of the scheduled hearing:

25         (1)  Any infraction which results in a crash that

26  causes the death of another; or

27         (2)  Any infraction which results in a crash that

28  causes "serious bodily injury" of another as defined in s.

29  316.1933(1); or

30         (3)  Any infraction of s. 316.172(1)(b); or

31         (4)  Any infraction of s. 316.520(1) or (2).


                                  20

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         Section 13.  Subsection (1), paragraph (b) of

  2  subsection (2), and paragraphs (b) and (c) of subsection (3)

  3  of section 316.640, Florida Statutes, are amended to read:

  4         316.640  Enforcement.--The enforcement of the traffic

  5  laws of this state is vested as follows:

  6         (1)  STATE.--

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

  8  Department of Highway Safety and Motor Vehicles, the Division

  9  of Law Enforcement of the Fish and Wildlife Conservation

10  Commission, the Division of Law Enforcement of the Department

11  of Environmental Protection, and law enforcement officers of

12  the Department of Transportation each have authority to

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

14  streets and highways thereof and elsewhere throughout the

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

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

17  as a traffic accident investigation officer any individual who

18  successfully completes at least 200 hours of instruction in

19  traffic accident investigation and court presentation through

20  the Selective Traffic Enforcement Program as approved by the

21  Criminal Justice Standards and Training Commission and funded

22  through the National Highway Traffic Safety Administration or

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

24  necessarily meet the uniform minimum standards established by

25  the commission for law enforcement officers or auxiliary law

26  enforcement officers under chapter 943. Any such traffic

27  accident investigation officer who makes an investigation at

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

29  based upon personal investigation, when he or she has

30  reasonable and probable grounds to believe that a person who

31  was involved in the accident committed an offense under this


                                  21

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  chapter, chapter 319, chapter 320, or chapter 322 in

  2  connection with the accident. This paragraph does not permit

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

  4  officers have arrest authority other than for the issuance of

  5  a traffic citation as authorized in this paragraph.

  6         b.  University police officers shall have authority to

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

  8  violations occur on or about any property or facilities that

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

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

11  state university, or any other organization controlled by the

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

13  university System, except that traffic laws may be enforced

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

15  such property or facilities on-campus.

16         c.  Community college police officers shall have the

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

18  when such violations occur on any property or facilities that

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

20  the community college system.

21         d.  Police officers employed by an airport authority

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

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

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

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

26  enforcement specialist any individual who successfully

27  completes a training program established and approved by the

28  Criminal Justice Standards and Training Commission for parking

29  enforcement specialists but who does not otherwise meet the

30  uniform minimum standards established by the commission for

31  law enforcement officers or auxiliary or part-time officers


                                  22

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

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

  3  nor shall such parking enforcement specialist have arrest

  4  authority.

  5         (II)  A parking enforcement specialist employed by an

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

  7  and municipal laws and ordinances governing parking only when

  8  such violations are on property or facilities owned or

  9  operated by the airport authority employing the specialist, by

10  appropriate state, county, or municipal traffic citation.

11         e.  The Office of Agricultural Law Enforcement of the

12  Department of Agriculture and Consumer Services shall have the

13  authority to enforce traffic laws of this state only as

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

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

16  Agricultural Law Enforcement at its agricultural inspection

17  stations to issue any traffic tickets except those traffic

18  tickets for vehicles illegally passing the inspection station.

19         f.  School safety officers shall have the authority to

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

21  violations occur on or about any property or facilities which

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

23  the district school board.

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

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

26  violation of this subparagraph is not subject to the penalties

27  provided in chapter 318.

28         3.  Any disciplinary action taken or performance

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

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

31  enforcement activity must be in accordance with written


                                  23

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

  2  the agency and any collective bargaining unit representing

  3  such law enforcement officer. A violation of this subparagraph

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

  5         (2)  COUNTIES.--

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

  7  a traffic crash investigation officer any individual who

  8  successfully completes at least 200 hours of instruction in

  9  traffic crash investigation and court presentation through the

10  Selective Traffic Enforcement Program (STEP) as approved by

11  the Criminal Justice Standards and Training Commission and

12  funded through the National Highway Traffic Safety

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

14  commission, but who does not necessarily otherwise meet the

15  uniform minimum standards established by the commission for

16  law enforcement officers or auxiliary law enforcement officers

17  under chapter 943. Any such traffic crash investigation

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

19  crash may issue traffic citations when, based upon personal

20  investigation, he or she has reasonable and probable grounds

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

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

23  320, or chapter 322 in connection with the crash. This

24  paragraph does not permit the carrying of firearms or other

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

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

27  paragraph.

28         (3)  MUNICIPALITIES.--

29         (b)  The police department of a chartered municipality

30  may employ as a traffic crash investigation officer any

31  individual who successfully completes at least 200 hours of


                                  24

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  instruction in traffic crash investigation and court

  2  presentation through the Selective Traffic Enforcement Program

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

  4  Training Commission and funded through the National Highway

  5  Traffic Safety Administration (NHTSA) or a similar program

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

  7  the uniform minimum standards established by the commission

  8  for law enforcement officers or auxiliary law enforcement

  9  officers under chapter 943. Any such traffic crash

10  investigation officer who makes an investigation at the scene

11  of a traffic crash is authorized to issue traffic citations

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

13  reasonable and probable grounds to believe that a person

14  involved in the crash has committed an offense under the

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

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

17  paragraph does not shall be construed to permit the carrying

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

19  arrest authority other than for the issuance of a traffic

20  citation as authorized above.

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

22  agency or instrumentality may employ as a parking enforcement

23  specialist any individual who successfully completes a

24  training program established and approved by the Criminal

25  Justice Standards and Training Commission for parking

26  enforcement specialists, but who does not otherwise meet the

27  uniform minimum standards established by the commission for

28  law enforcement officers or auxiliary or part-time officers

29  under s. 943.12.

30         2.  A parking enforcement specialist employed by a

31  chartered municipality or its authorized agency or


                                  25

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  instrumentality is authorized to enforce all state, county,

  2  and municipal laws and ordinances governing parking within the

  3  boundaries of the municipality employing the specialist, by

  4  appropriate state, county, or municipal traffic citation.

  5  Nothing in this paragraph shall be construed to permit the

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

  7  parking enforcement specialist have arrest authority.

  8         3.  A parking enforcement specialist employed pursuant

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

10  have arrest authority.

11         Section 14.  Subsection (1) of section 322.056, Florida

12  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:


                                  26

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second 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 15.  Section 570.073, Florida Statutes, is

20  amended to read:

21         570.073  Department of Agriculture and Consumer

22  Services, law enforcement officers.--

23         (1)  The commissioner may create an Office of

24  Agricultural Law Enforcement under the supervision of a senior

25  manager exempt under s. 110.205 in the Senior Management

26  Service. The commissioner may designate law enforcement

27  officers, as necessary, to enforce any criminal law or conduct

28  any criminal investigation or to enforce the provisions of any

29  statute or any other laws of this state relating to any matter

30  over which the department has jurisdiction or which occurs on

31  property owned, managed, or occupied by the department.


                                  27

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  Officers appointed under this section have the primary

  2  responsibility for enforcing laws relating to agriculture and

  3  consumer services as outlined below and violations of law that

  4  threaten the overall security and safety of this state's

  5  agriculture and consumer services. Those matters include The

  6  primary responsibilities include the enforcement of laws

  7  relating to:

  8         (a)  Domesticated animals, including livestock,

  9  poultry, aquaculture products, and other wild or domesticated

10  animals or animal products.

11         (b)  Farms, farm equipment, livery tack, citrus or

12  citrus products, or horticultural products.

13         (c)  Trespass, littering, forests, forest fires, and

14  open burning.

15         (d)  Damage to or theft of forest products.

16         (e)  Enforcement of a marketing order.

17         (f)  Protection of consumers.

18         (g)  Civil traffic offenses as outlined under Florida

19  law provided for in chapters 316, 320, and 322, subject to the

20  provisions of chapter 318, relating to any matter over which

21  the department has jurisdiction or committed on property

22  owned, managed, or occupied by the department.

23         (h)  The use of alcohol or drugs which occurs on

24  property owned, managed, or occupied by the department.

25         (i)  Any emergency situation in which the life, limb,

26  or property of any person is placed in immediate and serious

27  danger.

28         (j)  Any crime incidental to or related to paragraphs

29  (a)-(i).

30         (k)  Any law over which the Commissioner of Agriculture

31  has responsibility.


                                  28

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         (2)  Each law enforcement officer shall meet the

  2  qualifications of law enforcement officers under s. 943.13 and

  3  shall be certified as a law enforcement officer by the

  4  Department of Law Enforcement under the provisions of chapter

  5  943. Upon certification, each law enforcement officer is

  6  subject to and shall have the same arrest and other authority

  7  provided for law enforcement officers generally in chapter 901

  8  and shall have statewide jurisdiction as provided in

  9  subsection (1).  Each officer shall also have arrest authority

10  as provided for state law enforcement officers in s.

11  901.15(11). Such officers have full law enforcement powers

12  granted to other peace officers of this state, including the

13  power to make arrests, carry firearms, serve court process,

14  and seize contraband and the proceeds of illegal activities.

15         (3)  The Commissioner may also appoint part-time,

16  reserve or auxiliary law enforcement officers under chapter

17  943.

18         (4)(3)  All department law enforcement officers, upon

19  certification under s. 943.1395, shall have the same right and

20  authority to carry arms as do the sheriffs of this state.

21         (5)(4)  Each law enforcement officer in the state who

22  is certified pursuant to chapter 943 has the same authority as

23  law enforcement officers designated in this section to enforce

24  the laws of this state as described in subsection (1).

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

26  Florida Statutes, is amended to read:

27         318.1451  Driver improvement schools.--

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

29  issue, or maintain any information or orders regarding driver

30  improvement schools or course providers, with the exception of

31  directing inquiries or requests to the local telephone


                                  29

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  directory heading of driving instruction or the traffic school

  2  reference guide. However, The department is authorized to

  3  maintain the information and records necessary to administer

  4  its duties and responsibilities for driver improvement

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

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

  7  request pursuant to s. 119.07(1).

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

  9  governmental entity to distribute a traffic school reference

10  guide which lists shall list the benefits of attending a

11  driver improvement school and contains the names of the fully

12  approved course providers with a single telephone number for

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

14  circumstance may any list of course providers or schools be

15  included, and shall refer further inquiries to the telephone

16  directory under driving instruction.

17         Section 17.  Subsections (5) and (11) of section

18  319.23, Florida Statutes, are amended to read:

19         319.23  Application for, and issuance of, certificate

20  of title.--

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

22  for a motor vehicle or mobile home previously registered

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

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

25  The department shall retain the evidence of title presented by

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

27  The department shall use reasonable diligence in ascertaining

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

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

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

31  it shall issue a certificate of title.


                                  30

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

  2  evidence of title presented by the applicant and based on

  3  which the certificate of title is issued.

  4         Section 18.  Paragraph (a) of subsection (1) of section

  5  319.28, Florida Statutes, is amended to read:

  6         319.28  Transfer of ownership by operation of law.--

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

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

  9  inheritance, devise or bequest, order in bankruptcy,

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

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

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

13  storage or repair charges or repossession is had upon default

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

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

16  like agreement, and upon the surrender of the prior

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

18  presentation of satisfactory proof to the department of

19  ownership and right of possession to such motor vehicle or

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

21  presentation of an application for certificate of title, the

22  department may issue to the applicant a certificate of title

23  thereto. If the application is predicated upon a security

24  agreement, chattel mortgage, conditional sales contract, trust

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

26  certified copy thereof shall accompany the application;

27  however, if an owner under a chattel mortgage voluntarily

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

29  original or a certified copy of the chattel mortgage shall

30  accompany the application for a certificate of title and it

31


                                  31

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  shall not be necessary to institute proceedings in any court

  2  to foreclose such mortgage.

  3         Section 19.  Paragraph (d) of subsection (1) of section

  4  319.33, Florida Statutes, is amended, and subsection (6) of

  5  said section is reenacted, to read:

  6         319.33  Offenses involving vehicle identification

  7  numbers, applications, certificates, papers; penalty.--

  8         (1)  It is unlawful:

  9         (d)  To possess, sell or offer for sale, conceal, or

10  dispose of in this state a motor vehicle or mobile home, or

11  major component part thereof, on which any the motor number or

12  vehicle identification number that has been affixed by the

13  manufacturer or by a state agency, such as the Department of

14  Highway Safety and Motor Vehicles, which regulates motor

15  vehicles has been destroyed, removed, covered, altered, or

16  defaced, with knowledge of such destruction, removal,

17  covering, alteration, or defacement, except as provided in s.

18  319.30(4).

19         (6)  Any person who violates any provision of this

20  section is guilty of a felony of the third degree, punishable

21  as provided in s. 775.082, s. 775.083, or s. 775.084.  Any

22  motor vehicle used in violation of this section shall

23  constitute contraband which may be seized by a law enforcement

24  agency and shall be subject to forfeiture proceedings pursuant

25  to ss. 932.701-932.704.  This section is not exclusive of any

26  other penalties prescribed by any existing or future laws for

27  the larceny or unauthorized taking of motor vehicles or mobile

28  homes, but is supplementary thereto.

29         Section 20.  Section 320.025, Florida Statutes, is

30  amended to read:

31


                                  32

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         320.025  Registration certificate and license plate or

  2  decal issued under fictitious name; application.--

  3         (1)  A confidential registration certificate and

  4  registration license plate or decal shall be issued under a

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

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

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

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

  9  office. The requesting agency shall file a written application

10  with the department on forms furnished by the department,

11  which includes a statement that the license plate or decal

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

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

14  activities requiring concealment of publicly leased or owned

15  motor vehicles or vessels and a statement of the position

16  classifications of the individuals who are authorized to use

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

18  records to reflect the fictitious identity of the owner or

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

20  registration certificate are surrendered to it.

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

22  vehicle owned or exclusively operated by the state or any

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

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

25  320.0655. Any vessel owned or exclusively operated by the

26  state or any county, municipality, or other governmental

27  entity must at all times display a registration number as

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

29  328.48(5).

30         (3)  This section constitutes an exception to other

31  statutes relating to falsification of public records, false


                                  33

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

  2  registration application of the Attorney General's Medicaid

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

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

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

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

  7  Constitution as long as the information is retained by the

  8  department. This section does not prohibit other personations,

  9  fabrications, or creations of false identifications by the

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

11  enforcement or public defender's officers in the official

12  performance of covert operations.

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

14  Florida Statutes, are amended to 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


                                  34

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second 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 support, as defined in s. 409.2554, or to whom

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

21  Social Security Act.

22         Section 22.  Subsection (5) of section 320.055, Florida

23  Statutes, is amended to read:

24         320.055  Registration periods; renewal periods.--The

25  following registration periods and renewal periods are

26  established:

27         (5)  For a vehicle subject to apportioned registration

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

29  registration period shall be a period of 12 months beginning

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

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


                                  35

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

  2  the registration period. The registration period may be

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

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

  5  distribute such registrations on a monthly basis. For a

  6  vehicle subject to nonapportioned registration under s.

  7  320.08(4), (5)(a)1., (6)(b), or (14), the registration period

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

  9  the 31-day period beginning December 1.

10         Section 23.  Paragraphs (b) and (c) of subsection (1)

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

12         320.06  Registration certificates, license plates, and

13  validation stickers generally.--

14         (1)

15         (b)  Registration license plates bearing a graphic

16  symbol and the alphanumeric system of identification shall be

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

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

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

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

21  $10 replacement fee. The fees shall be deposited into the

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

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

24  replacement fee when the plate is replaced or surrendered

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

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

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

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

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

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

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


                                  36

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

  2  shall also be issued with each license plate a serially

  3  numbered validation sticker showing the year of expiration,

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

  5  license plate. Such license plate and validation sticker

  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 an

10  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


                                  37

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second 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 24.  Paragraph (a) of subsection (2) of section

  9  320.072, Florida Statutes, is amended to read:

10         320.072  Additional fee imposed on certain motor

11  vehicle registration transactions.--

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

13  to:

14         (a)  Any registration renewal transaction, except that

15  this exemption shall not apply if the plate being renewed

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

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

18  Florida Statutes, is amended to read:

19         320.0805  Personalized prestige license plates.--

20         (6)  A personalized prestige license plate shall be

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

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

23  applicant during the same registration period. An exact

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

25  previous owner of a specific plate relinquishes it by failure

26  to apply for renewal or reissuance for 1 year three

27  consecutive annual registration periods following the last

28  original year of issuance.

29         Section 26.  Paragraph (hh) is added to subsection (4)

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

31  2001-355, Laws of Florida, to read:


                                  38

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         320.08056  Specialty license plates.--

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

  3  be collected for the appropriate specialty license plates:

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

  5         Section 27.  Subsection (34) is added to section

  6  320.08058, Florida Statutes, as amended by chapter 2001-355,

  7  Laws of Florida, to read:

  8         320.08058  Specialty license plates.--

  9         (34)  FLORIDA GOLF LICENSE PLATES.--

10         (a)  The Department of Highway Safety and Motor

11  Vehicles shall develop a Florida Golf license plate as

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

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

14  following consultation with the PGA TOUR, the Florida Sports

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

16  revised sample plate for consideration by the department.

17         (b)  The department shall distribute the Florida Golf

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

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

20  and Economic Development.  The license plate annual use fees

21  are to be annually allocated as follows:

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

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

24  administration of the Florida Youth Golf Program.

25         2.  The Dade Amateur Golf Association shall receive the

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

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

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

29  fees shall be provided to the Dade Amateur Golf Association

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

31


                                  39

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         3.  The remaining proceeds from the annual use fees

  2  shall be available for grants to nonprofit organizations to

  3  operate youth golf programs and for marketing the Florida Golf

  4  license plates.  All grant recipients, including the Dade

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

  6  Florida Sports Foundation an annual program and financial

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

  8  be made available to the public.

  9         (c)  The Florida Sports Foundation may establish a

10  Florida Youth Golf Program.  The Florida Youth Golf Program

11  shall assist organizations for the benefit of youth, introduce

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

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

14  and self-discipline.

15         (d)  The Florida Sports Foundation shall establish a

16  seven-member advisory committee to offer advice regarding the

17  distribution of the annual use fees for grants to nonprofit

18  organizations.  The advisory committee shall consist of one

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

20  serving disabled youth, and five members at large.

21         Section 28.  Subsection (1) of section 320.083, Florida

22  Statutes, is amended to read:

23         320.083  Amateur radio operators; special license

24  plates; fees.--

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

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

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

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

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

30  who holds a valid official amateur radio station license

31  issued by the Federal Communications Commission shall be


                                  40

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  issued a special license plate upon application, accompanied

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

  3  payment of the following tax and fees:

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

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

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

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

  8  fee of $1.50 thereafter.

  9         Section 29.  Subsection (2) of section 320.0848,

10  Florida Statutes, is amended to read:

11         320.0848 Persons who have disabilities; issuance of

12  disabled parking permits; temporary permits; permits for

13  certain providers of transportation services to persons who

14  have disabilities.--

15         (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM

16  MOBILITY PROBLEMS.--

17         (a)  The disabled parking permit is a placard that can

18  be placed in a motor vehicle so as to be visible from the

19  front and rear of the vehicle. Each side of the placard must

20  have the international symbol of accessibility in a

21  contrasting color in the center so as to be visible. One side

22  of the placard must display the applicant's driver's license

23  number or state identification card number along with a

24  warning that the applicant must have such identification at

25  all times while using the parking permit. A validation sticker

26  must also be issued with each disabled parking permit, showing

27  the month and year of expiration on each side of the placard.

28  Validation stickers must be of the size specified by the

29  Department of Highway Safety and Motor Vehicles and must be

30  affixed to the disabled parking permits. The disabled parking

31  permits must use the same colors as license plate validations.


                                  41

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         (b)  License plates issued under ss. 320.084, 320.0842,

  2  320.0843, and 320.0845 are valid for the same parking

  3  privileges and other privileges provided under ss. 316.1955,

  4  316.1964, and 526.141(5)(a).

  5         (c)  The administrative processing fee for each initial

  6  4-year disabled parking permit or renewal permit shall be

  7  $1.50, and all proceeds of that fee shall be retained by the

  8  tax collector of the county in which the fee was collected.

  9         (c)1.  Except as provided in subparagraph 2., the fee

10  for a disabled parking permit shall be:

11         a.  Fifteen dollars for each initial 4-year permit or

12  renewal permit, of which the State Transportation Trust Fund

13  shall receive $13.50 and the tax collector of the county in

14  which the fee was collected shall receive $1.50.

15         b.  One dollar for each additional or additional

16  renewal 4-year permit, of which the State Transportation Trust

17  Fund shall receive all funds collected. 

18         (d)  The department shall not issue an additional

19  disabled parking permit unless the applicant states that he or

20  she is they are a frequent traveler or a quadriplegic. The

21  department may not issue to any one eligible applicant more

22  than two disabled parking permits except to an organization in

23  accordance with paragraph (1)(e). Subsections (1), (5), (6),

24  and (7) apply to this subsection.

25         (e)2.  If an applicant who is a disabled veteran, is a

26  resident of this state, has been honorably discharged, and

27  either has been determined by the Department of Defense or the

28  United States Department of Veterans Affairs or its

29  predecessor to have a service-connected disability rating for

30  compensation of 50 percent or greater or has been determined

31  to have a service-connected disability rating of 50 percent or


                                  42

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  greater and is in receipt of both disability retirement pay

  2  from the United States Department of Veterans Affairs, he or

  3  she must still provide and has a signed physician's statement

  4  of qualification for the disabled parking permits., the fee

  5  for a disabled parking permit shall be:

  6         a.  One dollar and fifty cents for the initial 4-year

  7  permit or renewal permit.

  8         b.  One dollar for each additional or additional

  9  renewal 4-year permit.

10

11  The tax collector of the county in which the fee was collected

12  shall retain all funds received pursuant to this subparagraph.

13         3.  If an applicant presents to the department a

14  statement from the Federal Government or the State of Florida

15  indicating the applicant is a recipient of supplemental

16  security income, the fee for the disabled parking permit shall

17  be $9 for the initial 4-year permit or renewal permit, of

18  which the State Transportation Trust Fund shall receive $6.75

19  and the tax collector of the county in which the fee was

20  collected shall receive $2.25. 

21         (f)(d)  To obtain a replacement for a disabled parking

22  permit that has been lost or stolen, a person must submit an

23  application on a form prescribed by the department and must

24  pay a replacement fee in the amount of $1.00, to be retained

25  by the issuing agency. If the person submits with the

26  application a police report documenting that the permit was

27  stolen, there is no replacement fee.

28         (g)(e)  A person who qualifies for a disabled parking

29  permit under this section may be issued an international

30  wheelchair user symbol license plate under s. 320.0843 in lieu

31  of the disabled parking permit; or, if the person qualifies


                                  43

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  for a "DV" license plate under s. 320.084, such a license

  2  plate may be issued to him or her in lieu of a disabled

  3  parking permit.

  4         Section 30.  Subsections (2) and (3) of section

  5  320.089, Florida Statutes, are amended to read:

  6         320.089  Members of National Guard and active United

  7  States Armed Forces reservists; former prisoners of war;

  8  survivors of Pearl Harbor; Purple Heart medal recipients;

  9  special license plates; fee.--

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

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

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

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

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

15  their unremarried surviving spouse, shall, upon application

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

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

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

19  shall be accompanied by proof that the applicant meets the

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

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

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

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

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

25  United States were engaged in combat, or their unremarried

26  surviving spouse, may be issued the special license plate

27  provided for in this subsection without payment of the license

28  tax imposed by s. 320.08.

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

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

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


                                  44

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

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

  3  or their unremarried surviving spouse, may be issued the

  4  special license plate provided for in this subsection upon

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

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

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

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

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

10  resident of this state and who is the unremarried surviving

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

12  application therefor to the department, with the payment of

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

14  320.06, on which license plate are stamped the words "Purple

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

16  the serial number. Each application shall be accompanied by

17  proof that the applicant is the unremarried surviving spouse

18  of a recipient of the Purple Heart medal.

19         Section 31.  Subsection (4) and (5) are added to

20  section 320.275, Florida Statutes, to read:

21         320.275  Automobile Dealers Industry Advisory Board.--

22         (4)  A technical advisory committee is created to

23  advise the Automobile Dealers Industry Advisory Board.  The

24  committee, from its own initiative, may make recommendations

25  to the board on proposed legislation and proposed rules and

26  procedures, may consider any matters relating to the motor

27  vehicle dealer industry, and may make recommendations on

28  consumer education and information, and submit an annual

29  report to the board.  The technical advisory committee shall

30  be composed of one representative from a senior citizens

31  organization; one representative from an organization


                                  45

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  representing low-income Floridians; one representative from

  2  the consumer affairs division of a county or city; one

  3  representative from a nationally recognized consumer

  4  organization; one representative from an organization

  5  representing the disabled; and one representative from the

  6  office of the Attorney General.

  7         (5)  The office of the Attorney General, the Department

  8  of Agriculture and Consumer Services, and the Department of

  9  Highway Safety and Motor Vehicles shall coordinate and provide

10  consumer education and information relative to this chapter.

11         Section 32.  Section 321.02, Florida Statutes, is

12  amended to read:

13         321.02  Powers and duties of department, highway

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

15  Department of Highway Safety and Motor Vehicles shall also be

16  the commander of the Florida Highway Patrol. The said

17  department shall set up and promulgate rules and regulations

18  by which the personnel of the Florida Highway Patrol officers

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

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

21  subject to civil service provisions hereafter set out. The

22  department may enter into contracts or agreements, with or

23  without competitive bidding or procurement, to make available,

24  on a fair, reasonable, nonexclusive, and nondiscriminatory

25  basis, property and other structures under division control

26  for the placement of new facilities by any wireless provider

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

28  332(d), and any telecommunications company as defined in s.

29  364.02 when it is determined to be practical and feasible to

30  make such property or other structures available. The

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


                                  46

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  reasonable, and nondiscriminatory fee for placement of the

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

  3  of space used by comparable communications facilities in the

  4  state. The department and a wireless provider or

  5  telecommunications company may negotiate the reduction or

  6  elimination of a fee in consideration of services provided to

  7  the division by the wireless provider or the

  8  telecommunications company. All such fees collected by the

  9  department shall be deposited directly into the State Agency

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

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

12  further specifically authorized to purchase, sell, trade,

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

14  motor vehicles, communication systems, housing facilities,

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

16  proper administration and enforcement of this chapter.

17  However, all supplies and equipment consisting of single items

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

19  287.057.  Purchases shall be made by accepting the bid of the

20  lowest responsive bidder, the right being reserved to reject

21  all bids. The department shall prescribe a distinctive uniform

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

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

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

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

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

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

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

29  Patrol black and tan."

30         Section 33.  Subsection (7) is added to section

31  322.051, Florida Statutes, to read:


                                  47

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         322.051  Identification cards.--

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

  3  proof of identification must accept a Florida identification

  4  card as proof of identification when the bearer of the

  5  identification card does not also have a driver license.

  6         Section 34.  Subsection (7) of section 322.095, Florida

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

  8  said section, to read:

  9         322.095  Traffic law and substance abuse education

10  program for driver's license applicants.--

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

12  issue, or maintain any information or orders regarding traffic

13  law and substance abuse education program schools or course

14  providers, with the exception of directing inquiries or

15  requests to the local telephone directory heading of driving

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

17  However, The department is authorized to maintain the

18  information and records necessary to administer its duties and

19  responsibilities for the program. Where such information is a

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

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

22  The department may prepare a list of fully approved traffic

23  law and substance abuse education course providers with a

24  single telephone number for each such provider, as furnished

25  by the provider.

26         (b)  The department shall prepare for any governmental

27  entity to distribute a driver's license applicant reference

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

29  and substance abuse education school, but under no

30  circumstance may include any list of course providers or

31


                                  48

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  schools. The department shall refer further inquiries to the

  2  telephone directory heading of driving instruction.

  3         (8)  The department shall approve and regulate courses

  4  of all traffic law and substance abuse education schools that

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

  6  this section.

  7         (9)  In determining whether to approve courses of

  8  traffic law and substance abuse education schools that use

  9  technology as the delivery method as the courses relate to

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

11  the department shall consider only those courses submitted by

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

13         (a)  Approval for statewide delivery; and

14         (b)  Independent scientific research evidence of course

15  effectiveness.

16         Section 35.  Subsection (7) of section 322.25, Florida

17  Statutes, is amended to read:

18         322.25  When court to forward license to department and

19  report convictions; temporary reinstatement of driving

20  privileges.--

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

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

23  while under the influence of alcoholic beverages, any chemical

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

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

26  normal faculties are impaired, and whose license and driving

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

28  be issued a court order for reinstatement of a driving

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

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

31  enroll in and complete a driver improvement course for the


                                  49

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1  rehabilitation of drinking drivers and the driver is otherwise

  2  eligible for reinstatement of the driving privilege as

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

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

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

  6  examining office, where a temporary driving permit may be

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

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

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

10         Section 36.  Subsection (5) of section 322.27, Florida

11  Statutes, is amended to read:

12         322.27  Authority of department to suspend or revoke

13  license.--

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

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

16  322.264, and such person shall not be eligible to be

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

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

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

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

21         Section 37.  Subsection (4) of section 322.271, Florida

22  Statutes, is amended to read:

23         322.271  Authority to modify revocation, cancellation,

24  or suspension order.--

25         (4)  Notwithstanding the provisions of s.

26  322.28(2)(d)(e), a person whose driving privilege has been

27  permanently revoked because he or she has been convicted of

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

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

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

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


                                  50

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

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

  3  driving privilege.

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

  5  petition, the department shall afford the petitioner an

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

  7  demonstrate to the department that he or she:

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

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

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

11  for at least 5 years prior to the hearing;

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

13  the hearing; and

14         4.  Has completed a DUI program licensed by the

15  department.

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

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

18  Upon such determination, the department may, in its

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

20  Such reinstatement must be made subject to the following

21  qualifications:

22         1.  The license must be restricted for employment

23  purposes for not less than 1 year; and

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

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

26  supervision and education at least four times a year or

27  additionally as required by the program for the remainder of

28  the revocation period. Such supervision shall include

29  evaluation, education, referral into treatment, and other

30  activities required by the department.

31


                                  51

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

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

  3  supervision, the program shall report the failure to the

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

  5  driving privilege.

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

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

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

  9  driving privilege.

10         (e)  The department shall adopt rules regulating the

11  providing of services by DUI programs pursuant to this

12  section.

13         Section 38.  Paragraphs (d) and (e) of subsection (2)

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

15         322.28  Period of suspension or revocation.--

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

17  former s. 316.1931, the following provisions apply:

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

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

20  department shall not grant a new license, except upon

21  reexamination of the licensee after the expiration of the

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

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

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

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

26  department pursuant to s. 322.282.

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

28  license or driving privilege of a person who has been

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

30  316.1931 or a combination of such sections. The court shall

31  permanently revoke the driver's license or driving privilege


                                  52

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

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

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

  4  days after imposing sentence, the department shall permanently

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

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

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

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

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

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

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

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

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

14  driving under the influence, driving while intoxicated,

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

16  similar alcohol-related or drug-related traffic offense

17  outside this state is considered a conviction for the purposes

18  of this paragraph.

19         Section 39.  Sections 322.282 and 322.331, Florida

20  Statutes, are repealed.

21         Section 40.  Subsection (3) is added to section

22  324.091, Florida Statutes, to read:

23         324.091  Notice to department; notice to insurer.--

24         (3)  Electronic access to the vehicle insurer

25  information maintained in the department's vehicle database

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

27  insurers, lawyers, and financial institutions in compliance

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

29  only. The compilation and retention of this information is

30  strictly prohibited.

31


                                  53

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         Section 41.  Paragraph (b) of subsection (3) of section

  2  328.01, Florida Statutes, is amended to read:

  3         328.01  Application for certificate of title.--

  4         (3)

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

  6  upon a contractual default, the recorded lienholder shall

  7  establish proof of right to ownership by submitting with the

  8  application the original certificate of title and a copy of

  9  the applicable contract upon which the claim of ownership is

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

11  copy of such document shall accompany the application for

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

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

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

15  unless the application for a certificate of title is either

16  accompanied by proper evidence of the satisfaction or

17  extinction of the lien or contains a statement certifying that

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

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

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

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

22  written protest to the department is presented by a subsequent

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

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

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

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

27  the department shall not issue the repossessed certificate for

28  10 days thereafter. If, within the 10-day period, no

29  injunction or other order of a court of competent jurisdiction

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

31  the certificate, the department shall deliver the repossessed


                                  54

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



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

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

  3  the application.

  4         Section 42.  Subsection (2) of section 328.42, Florida

  5  Statutes, is amended to read:

  6         328.42  Suspension or denial of a vessel registration

  7  due to support delinquency; dishonored checks.--

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

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

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

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

12  chapter 207 by a dishonored check.

13         Section 43.  Section 328.56, Florida Statutes, is

14  amended to read:

15         328.56  Vessel registration number.--Each vessel that

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

17  or recreational Florida registration number, unless it is:

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

19  ponds.

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

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

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

23         (5)  A federally documented vessel.

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

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

26  to a federally approved numbering system of another state or

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

28  federally approved numbering system, if the vessel has not

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

30  consecutive days.

31


                                  55

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         (7)  A vessel operating under a valid temporary

  2  certificate of number.

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

  4  States temporarily using the waters of this state.

  5         (9)  An undocumented vessel used exclusively for

  6  racing.

  7         Section 44.  Subsection (4) of section 328.72, Florida

  8  Statutes, is amended to read:

  9         328.72  Classification; registration; fees and charges;

10  surcharge; disposition of fees; fines; marine turtle

11  stickers.--

12         (4)  TRANSFER OF OWNERSHIP.--

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

14  an application for transfer of registration shall be filed

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

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

17  $2.25 of the fee and shall remit $1 to the department. A

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

19  registration period.

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

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

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

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

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

25  vessel description to include the hull identification number

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

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

28  seller and purchaser.

29         Section 45.  Subsection (3) is added to section 832.09,

30  Florida Statutes, to read:

31


                                  56

CODING: Words stricken are deletions; words underlined are additions.






                                      CS/HB 1213, Second Engrossed



  1         832.09  Suspension of driver license after warrant or

  2  capias is issued in worthless check case.--

  3         (3)  The Department of Highway Safety and Motor

  4  Vehicles shall create a standardized form to be distributed to

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

  6  notifying the department that a person has satisfied the

  7  requirements of the court. Notices of compliance with the

  8  court's requirements shall be on the standardized form

  9  provided by the department.

10         Section 46.  This act shall take effect October 1,

11  2002.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  57

CODING: Words stricken are deletions; words underlined are additions.