House Bill hb1781

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    Florida House of Representatives - 2002                HB 1781

        By Representative Barreiro






  1                      A bill to be entitled

  2         An act relating to off-highway vehicles;

  3         creating ch. 261, F.S.; creating the T. Mark

  4         Schmidt Off-Highway Vehicle Safety and

  5         Recreation Act; providing legislative findings

  6         and intent; providing definitions; creating the

  7         Off-Highway Vehicle Recreation Advisory

  8         Committee; providing membership, duties, and

  9         responsibilities; providing functions, duties,

10         and responsibilities of the Department of

11         Agriculture and Consumer Services; providing

12         for rulemaking authority; providing for the

13         publication and distribution of a guidebook;

14         providing for the repair, maintenance, and

15         rehabilitation of areas, trails, and lands;

16         providing for contracts and agreements;

17         providing criteria for recreation areas and

18         trails; providing a penalty; providing for the

19         use of designated off-highway vehicle funds

20         within the Incidental Trust Fund of the

21         Division of Forestry of the department;

22         amending s. 316.2074, F.S.; revising the

23         definition of the term "all-terrain vehicle";

24         prohibiting the use of all-terrain vehicles on

25         public roadways in the state; providing

26         exceptions; creating the Florida Off-Highway

27         Vehicle Titling and Registration Act; providing

28         legislative intent; providing definitions;

29         providing for administration by the Department

30         of Highway Safety and Motor Vehicles; providing

31         for rules, forms, and notices; requiring

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  1         certificates of title; providing for

  2         application for and issuance of certificates of

  3         title; providing for duplicate certificates of

  4         title; requiring the furnishing of a

  5         manufacturer's statement of origin; requiring

  6         registration; providing for application for and

  7         issuance of certificate of registration,

  8         registration number, and decal; providing for

  9         the registration period and for reregistration

10         by mail; providing for change of interest and

11         address; providing for duplicate registration

12         certificate and decal; providing for fees;

13         providing for disposition of fees; providing

14         authority to refuse to issue and to cancel a

15         certificate of title or registration; providing

16         crimes relating to certificates of title and

17         registration decals; providing penalties;

18         providing noncriminal infractions; providing

19         penalties; amending s. 375.315, F.S., relating

20         to the registration of off-road vehicles;

21         providing an appropriation; providing an

22         effective date.

23

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

25

26         Section 1.  Chapter 261, Florida Statutes, consisting

27  of sections 261.01, 261.02, 261.03, 261.04, 261.05, 261.06,

28  261.07, 261.08, 261.09, 261.10, 261.11, and 261.12, Florida

29  Statutes, is created to read:

30

31

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  1         261.01  Short title.--This chapter may be cited as the

  2  "T. Mark Schmidt Off-Highway Vehicle Safety and Recreation

  3  Act."

  4         261.02  Legislative findings and intent.--

  5         (1)  The Legislature finds that off-highway vehicles

  6  are becoming increasingly popular in this state and that the

  7  use of these vehicles should be controlled and managed to

  8  minimize negative effects on the environment, wildlife

  9  habitats, native wildlife, and native flora and fauna.

10         (2)  The Legislature declares that effectively managed

11  areas and adequate facilities for the use of off-highway

12  vehicles are compatible with this state's overall recreation

13  plan and the underlying goal of multiple use.

14         (3)  It is the intent of the Legislature that:

15         (a)  Existing off-highway vehicle recreational areas,

16  facilities, and opportunities be improved and appropriately

17  expanded and be managed in a manner consistent with this

18  chapter, in particular to maintain natural resources and

19  sustained long-term use of off-highway vehicle trails and

20  areas.

21         (b)  New off-highway vehicle recreational areas,

22  facilities, and opportunities be provided and managed pursuant

23  to this chapter in a manner that will sustain both long-term

24  use and the environment.

25         (4)  Nothing contained within this chapter shall be

26  construed to require the construction or maintenance of

27  off-highway vehicle recreation areas, facilities, or trails on

28  public lands where such construction or maintenance would be

29  inconsistent with the property's management objectives or land

30  management plan.

31

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  1         261.03  Definitions.--As used in this chapter, the

  2  term:

  3         (1)  "Advisory committee" means the Off-Highway Vehicle

  4  Recreation Advisory Committee created by s. 261.04.

  5         (2)  "ATV" means any motorized off-highway or

  6  all-terrain vehicle 50 inches or less in width, having a dry

  7  weight of 900 pounds or less, designed to travel on three or

  8  more low-pressure tires, having a seat designed to be

  9  straddled by the operator and handlebars for steering control,

10  and intended for use by a single operator with no passenger.

11         (3)  "Department" means the Department of Agriculture

12  and Consumer Services.

13         (4)  "Division" means the Division of Forestry of the

14  Department of Agriculture and Consumer Services.

15         (5)  "OHM" or "off-highway motorcycle" means any motor

16  vehicle used off the roads or highways of this state that has

17  a seat or saddle for the use of the rider and is designed to

18  travel with not more than two wheels in contact with the

19  ground, but excludes a tractor or a moped.

20         (6)  "Off-highway vehicle" means any ATV or OHM that is

21  used off the roads or highways of this state for recreational

22  purposes and that is not registered and licensed for highway

23  use under chapter 320.

24         (7)  "Program" means the Off-Highway Vehicle Recreation

25  Program.

26         (8)  "Public lands" means lands within the state that

27  are available for public use and that are owned, operated, or

28  managed by a federal, state, county, or municipal governmental

29  entity.

30         (9)  "System" means the off-highway vehicle recreation

31  areas and trails on public lands within the state.

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  1         (10)  "Trust fund" means the Incidental Trust Fund of

  2  the Division of Forestry of the Department of Agriculture and

  3  Consumer Services.

  4         261.04  Off-Highway Vehicle Recreation Advisory

  5  Committee; members; appointment.--

  6         (1)  The Off-Highway Vehicle Recreation Advisory

  7  Committee is created within the Division of Forestry and

  8  consists of nine members, all of whom are appointed by the

  9  Commissioner of Agriculture. The appointees shall include one

10  representative of the Department of Agriculture and Consumer

11  Services, one representative of the Department of Highway

12  Safety and Motor Vehicles, one representative of the

13  Department of Environmental Protection's Office of Greenways

14  and Trails, one representative of the Fish and Wildlife

15  Conservation Commission, one citizen with scientific expertise

16  in disciplines relating to ecology, wildlife biology, or other

17  environmental sciences, one representative of a licensed

18  off-highway vehicle dealer, and three representatives of

19  off-highway vehicle recreation groups. In making these

20  appointments, the commissioner shall consider the places of

21  residence of the members to ensure statewide representation.

22         (2)  The term of office of each member of the advisory

23  committee is 2 years. The members first appointed shall

24  classify themselves by lot so that the terms of four members

25  expire June 30, 2004, and the terms of five members expire

26  June 30, 2005.

27         (3)  In case of a vacancy on the advisory committee,

28  the commissioner shall appoint a successor member for the

29  unexpired portion of the term.

30         (4)  The members shall elect a chair among themselves

31  who shall serve for 1 year or until a successor is elected.

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  1         (5)  The members of the advisory committee shall serve

  2  without compensation, but shall be reimbursed for travel and

  3  per diem expenses as provided in s. 112.061, while in the

  4  performance of their official duties.

  5         261.05  Duties and responsibilities of the Off-Highway

  6  Vehicle Recreation Advisory Committee.--

  7         (1)  The advisory committee shall establish policies to

  8  guide the department regarding the Off-Highway Vehicle

  9  Recreation Program and the system of off-highway vehicle

10  recreation areas and trails.

11         (2)  The advisory committee shall make recommendations

12  to the department regarding off-highway vehicle safety and

13  training and education programs in the operation of such

14  vehicles.

15         (3)  The advisory committee must be informed regarding

16  all governmental activities affecting the program.

17         (4)  The advisory committee must be informed regarding

18  off-highway vehicle impacts and effects on the environment,

19  wildlife habitats, and native flora and fauna and shall make

20  recommendations to avoid or minimize adverse environmental

21  impacts and promote sustained long-term use.

22         (5)  The advisory committee must be fully informed

23  regarding the inventory of off-highway vehicle access and

24  opportunities.

25         (6)  The advisory committee shall meet at various times

26  and locations throughout the state to receive public comments

27  on the implementation of the program and shall take these

28  public comments into consideration when making its

29  recommendations.

30         (7)  The advisory committee shall review and make

31  recommendations annually regarding the department's proposed

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  1  budget of expenditures from the designated off-highway vehicle

  2  funds in the trust fund, which may include providing funds to

  3  match grant funds available from other sources.

  4         (8)  The advisory committee shall make recommendations

  5  regarding all capital outlay expenditures from the trust fund

  6  proposed for inclusion in the budget.

  7         (9)  The advisory committee shall review grant

  8  applications submitted by any governmental agency or entity or

  9  nongovernmental entity requesting moneys from the trust fund

10  to create, operate, manage, or improve off-highway vehicle

11  recreation areas or trails within the state, protect and

12  restore affected natural areas in the system, or provide

13  off-highway vehicle driver education. The advisory committee

14  shall recommend to the department approval or denial of such

15  grant applications based upon criteria established by the

16  advisory committee.

17         261.06  Functions, duties, and responsibilities of the

18  department.--The following are functions, duties, and

19  responsibilities of the department through the division:

20         (1)  Coordination of the planning, development,

21  conservation, and rehabilitation of state lands in and for the

22  system.

23         (2)  Coordination of the management, maintenance,

24  administration, and operation of state lands in the system and

25  the provision of law enforcement and appropriate public safety

26  activities.

27         (3)  Management of the trust fund and approval of the

28  advisory committee's budget recommendations.

29         (4)  Implementation of the program, including the

30  ultimate approval of grant applications submitted by

31  governmental agencies or entities or nongovernmental entities.

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  1         (5)  Coordination to help ensure compliance with

  2  environmental laws and regulations of the program and lands in

  3  the system.

  4         (6)  Implementation of the policies established by the

  5  advisory committee.

  6         (7)  Provision of staff assistance to the advisory

  7  committee.

  8         (8)  Preparation of plans for lands in, or proposed to

  9  be included in, the system.

10         (9)  Conducting surveys and the preparation of studies

11  as are necessary or desirable for implementing the program.

12         (10)  Recruitment and utilization of volunteers to

13  further the program.

14         (11)  Rulemaking authority to implement the provisions

15  of ss. 261.01-261.10.

16         261.07  Publication and distribution of guidebook;

17  contents.--In consultation with the advisory committee, the

18  department shall publish a guidebook that includes the text of

19  this chapter, other laws and regulations relating to the

20  program, and maps of areas and trails of the system. The

21  guidebook may include other public areas, trails, and

22  facilities for the use of off-highway vehicles. The guidebook

23  must include information regarding the responsibilities of

24  users of the system and must set forth pertinent laws, rules,

25  and regulations including particular provisions and other

26  information intended to prevent trespass and damage to public

27  or private property. The guidebook must be prepared at minimal

28  cost to facilitate the broadest possible distribution and must

29  be available for distribution no later than October 1, 2003.

30         261.08  Repair, maintenance, and rehabilitation of

31  areas, trails, and lands.--

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  1         (1)  The protection of public safety, the appropriate

  2  use of lands in the system, and the conservation of the

  3  environment, wildlife habitats, native wildlife, and native

  4  flora and fauna in the system are of the highest priority in

  5  the management of the system. Accordingly, the public land

  6  managing agency shall avoid or minimize adverse impacts to the

  7  environment, promptly repair and continuously maintain areas

  8  and trails, anticipate and prevent accelerated erosion, and

  9  rehabilitate lands to the extent damaged by off-highway

10  vehicle use in accordance with the management plans of the

11  public land managing agency.

12         (2)  The public land managing agency shall monitor the

13  condition of soils and wildlife habitat in each area of the

14  system to determine whether there is compliance with

15  applicable environmental laws and regulations and shall take

16  appropriate action as necessary.

17         261.09  Contracts and agreements.--The public land

18  managing agency may contract with private persons or entities

19  and enter into cooperative agreements with other public

20  agencies for the care and maintenance of lands in the system,

21  including contracts for law enforcement services with public

22  agencies having law enforcement powers.

23         261.10  Criteria for recreation areas and

24  trails.--Publicly owned or operated off-highway vehicle

25  recreation areas and trails shall be designated and maintained

26  for recreational travel by off-highway vehicles. These areas

27  and trails need not be generally suitable or maintained for

28  normal travel by conventional two-wheel-drive vehicles and

29  should not be designated as recreational footpaths. State

30  off-highway vehicle recreation areas and trails must be

31  selected and managed in accordance with this chapter.

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  1         261.11  Penalties.--No off-highway vehicle may be

  2  operated upon the public roads, streets, or highways of this

  3  state, except as otherwise permitted by the managing state or

  4  federal agency. A violation of this section is a noncriminal

  5  traffic infraction, punishable as provided in chapter 318.

  6         261.12  Designated off-highway vehicle funds within the

  7  Incidental Trust Fund of the Division of Forestry of the

  8  Department of Agriculture and Consumer Services.--

  9         (1)  The designated off-highway vehicle funds of the

10  trust fund shall consist of deposits from the following

11  sources:

12         (a)  Fees paid to the Department of Highway Safety and

13  Motor Vehicles for the titling and registration of off-highway

14  vehicles.

15         (b)  Revenues and income from any other sources

16  required by law or as appropriated by the Legislature to be

17  deposited into the trust fund as designated off-highway

18  vehicle funds.

19         (c)  Donations from private sources that are designated

20  as off-highway vehicle funds.

21         (d)  Interest earned on designated off-highway vehicle

22  funds on deposit in the trust fund.

23         (2)  Designated off-highway vehicle funds in the trust

24  fund shall be available for recommended allocation by the

25  Off-Highway Vehicle Recreation Advisory Committee and the

26  Department of Agriculture and Consumer Services and upon

27  annual appropriation by the Legislature, exclusively for the

28  following:

29         (a)  Implementation of the Off-Highway Vehicle

30  Recreation Program by the Department of Agriculture and

31  Consumer Services, which includes personnel and other related

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  1  expenses; administrative and operating expenses; expenses

  2  related to safety, training, rider education programs,

  3  management, maintenance, and rehabilitation of lands in the

  4  Off-Highway Vehicle Recreation Program's system of lands and

  5  trails; and, if funds are available, acquisition of lands to

  6  be included in the system and the management, maintenance, and

  7  rehabilitation of such lands.

  8         (b)  Approved grants to governmental agencies or

  9  entities or nongovernmental entities that wish to provide or

10  improve off-highway vehicle recreation areas or trails for

11  public use on public lands, provide environmental protection

12  and restoration to affected natural areas in the system, or

13  provide education in the operation of off-highway vehicles.

14         (c)  Matching funds to be used to match grant funds

15  available from other sources.

16         (3)  Notwithstanding s. 216.301 and pursuant to s.

17  216.351, any balance of designated off-highway vehicle funds

18  in the trust fund at the end of any fiscal year shall remain

19  therein and shall be available for the purposes set out in

20  this section and as otherwise provided by law.

21         Section 2.  Section 316.2074, Florida Statutes, is

22  amended to read:

23         316.2074  All-terrain vehicles.--

24         (1)  It is the intent of the Legislature, through the

25  adoption of this section to provide safety protection for

26  minors while operating an all-terrain vehicle in this state.

27         (2)  As used in this section, the term "all-terrain

28  vehicle" means any motorized off-highway vehicle 50 inches

29  (1270 mm) or less in width, having a dry weight of 900 600

30  pounds (273 kg) or less, designed to travel traveling on three

31  or more low-pressure tires, designed for operator use only

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  1  with no passengers, having a seat or saddle designed to be

  2  straddled by the operator, and having handlebars for steering

  3  control, and intended for use by a single operator with no

  4  passenger.

  5         (3)  No person under 16 years of age shall operate,

  6  ride, or be otherwise propelled on an all-terrain vehicle

  7  unless the person wears a safety helmet meeting United States

  8  Department of Transportation standards and eye protection.

  9         (4)  If a crash results in the death of any person or

10  in the injury of any person which results in treatment of the

11  person by a physician, the operator of each all-terrain

12  vehicle involved in the crash shall give notice of the crash

13  pursuant to s. 316.066.

14         (5)  Except as provided in this section, an all-terrain

15  vehicle may not be operated upon the public roads, streets, or

16  highways of this state, except as otherwise permitted by the

17  managing state or federal agency.

18         (6)(5)  An all-terrain vehicle having four wheels may

19  be used by police officers on public beaches designated as

20  public roadways for the purpose of enforcing the traffic laws

21  of the state. All-terrain vehicles may also be used by the

22  police to travel on public roadways within 5 miles of beach

23  access only when getting to and from the beach.

24         (7)(6)  A violation of this section is a noncriminal

25  traffic infraction, punishable as a nonmoving violation as

26  provided in chapter 318.

27         Section 3.  Short title.--Sections 3 through 20 of this

28  act may be cited as the "Florida Off-Highway Vehicle Titling

29  and Registration Act."

30         Section 4.  Legislative intent.--It is the intent of

31  the Legislature that all off-highway vehicles purchased after

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  1  the effective date of this act and all off-highway vehicles

  2  operated on public lands be titled and issued a certificate of

  3  title to allow for easy determination of ownership. It is also

  4  the Legislature's intent that all off-highway vehicles that

  5  are operated on public lands be registered and issued a

  6  registration decal containing a registration identification

  7  number to provide funding for the creation, management, and

  8  maintenance of off-highway vehicle recreation areas and

  9  trails, and their associated natural resources, within the

10  state. Finally, it is the Legislature's intent that all

11  off-highway vehicles owned by non-Florida residents shall be

12  exempt from the titling and registration requirements of this

13  act, and that all off-highway vehicles owned by governmental

14  entities shall be exempt from the titling and registration

15  fees imposed by this act with the exception of the applicable

16  fees as set forth in this act which are necessary to cover the

17  administrative costs of the department and the service fees of

18  the county tax collectors. However, all applicable laws,

19  rules, and regulations governing off-highway vehicle use and

20  operation established by the applicable public land managing

21  agencies shall apply to all off-highway vehicle users,

22  including users that are non-Florida residents and

23  governmental entities.

24         Section 5.  Definitions.--As used in sections 3 through

25  20, the term:

26         (1)  "ATV" means any motorized off-highway or

27  all-terrain vehicle 50 inches or less in width, having a dry

28  weight of 900 pounds or less, designed to travel on three or

29  more low-pressure tires, having a seat designed to be

30  straddled by the operator and handlebars for steering control,

31

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  1  and intended for use by a single operator and with no

  2  passenger.

  3         (2)  "Dealer" means any person authorized by the

  4  Department of Revenue to buy, sell, resell, or otherwise

  5  distribute off-highway vehicles. Such person must have a valid

  6  sales tax certificate of registration issued by the Department

  7  of Revenue and a valid commercial or occupational license

  8  required by any county, municipality, or political subdivision

  9  of the state in which the person operates.

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

11  Safety and Motor Vehicles.

12         (4)  "Florida resident" means a person who has had a

13  principal place of domicile in this state for a period of more

14  than 6 consecutive months, who has registered to vote in this

15  state, who has made a statement of domicile pursuant to s.

16  222.17, Florida Statutes, or who has filed for homestead tax

17  exemption on property in this state.

18         (5)  "OHM" or "off-highway motorcycle" means any motor

19  vehicle used off the roads or highways of this state that has

20  a seat or saddle for the use of the rider and is designed to

21  travel with not more than two wheels in contact with the

22  ground, but excludes a tractor or a moped.

23         (6)  "Off-highway vehicle" means any ATV or OHM that is

24  used off the roads or highways of this state for recreational

25  purposes and that is not registered and licensed for highway

26  use pursuant to chapter 320.

27         (7)  "Owner" means a person, other than a lienholder,

28  having the property in or title to an off-highway vehicle,

29  including a person entitled to the use or possession of an

30  off-highway vehicle subject to an interest held by another

31  person, reserved or created by agreement and securing payment

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  1  of performance of an obligation, but the term excludes a

  2  lessee under a lease not intended as security.

  3         (8)  "Public lands" means lands within the state that

  4  are available for public use and that are owned, operated, or

  5  managed by a federal, state, county, or municipal governmental

  6  entity.

  7         Section 6.  Administration of off-highway vehicle

  8  titling and registration laws; records.--

  9         (1)  The administration of off-highway vehicle titling

10  and registration laws in sections 3 through 20 is under the

11  Department of Highway Safety and Motor Vehicles, which shall

12  provide for the issuing, handling, and recording of all

13  off-highway vehicle titling and registration applications and

14  certificates, including the receipt and accounting of

15  off-highway vehicle titling and registration fees.

16         (2)  The department shall keep records and perform

17  other clerical duties pertaining to off-highway vehicle

18  titling and registration as required.

19         Section 7.  Rules, forms, and notices.--

20         (1)  The department may adopt rules pursuant to ss.

21  120.536(1) and 120.54, Florida Statutes, which pertain to

22  off-highway vehicle titling and registration, in order to

23  implement the provisions of sections 3 through 20 conferring

24  duties upon it.

25         (2)  The department shall prescribe and provide

26  suitable forms for applications and other notices and forms

27  necessary to administer the provisions of sections 3 through

28  20.

29         Section 8.  Certificate of title required.--

30         (1)  Any off-highway vehicle that is purchased by a

31  resident of this state after the effective date of this act or

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  1  that is owned by a resident and is operated on the public

  2  lands of this state must be titled pursuant to sections 3

  3  through 20.

  4         (2)  A person may not sell, assign, or transfer an

  5  off-highway vehicle titled by the state without delivering to

  6  the purchaser or transferee a valid certificate of title with

  7  an assignment on it showing the transfer of title to the

  8  purchaser or transferee. A person may not purchase or

  9  otherwise acquire an off-highway vehicle required to be titled

10  without obtaining a certificate of title for the vehicle in

11  his or her name. The purchaser or transferee shall, within 30

12  days after a change in off-highway vehicle ownership, file an

13  application for a title transfer with the county tax

14  collector. An additional $10 fee shall be charged against a

15  purchaser or transferee who files a title transfer application

16  after the 30-day period. The county tax collector may retain

17  $5 of the additional amount.

18         (3)  A certificate of title is prima facie evidence of

19  the ownership of the off-highway vehicle and is good for the

20  life of the off-highway vehicle so long as the certificate is

21  owned or held by the legal holder. If a titled off-highway

22  vehicle is destroyed or abandoned, the owner, with the consent

23  of any recorded lienholders, shall, within 30 days after the

24  destruction or abandonment, surrender to the department all

25  title documents for cancellation.

26         (4)  The department shall provide labeled places on the

27  title where the seller's price shall be indicated when an

28  off-highway vehicle is sold and where a selling dealer shall

29  record his or her valid sales tax certificate of registration

30  number.

31

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  1         (5)(a)  There shall be a service charge of $4.25 for

  2  each application that is handled in connection with the

  3  issuance, duplication, or transfer of any certificate of

  4  title.  There shall be a service charge of $1.25 for each

  5  application that is handled in connection with the recording

  6  or notation of a lien on an off-highway vehicle that is not in

  7  connection with the purchase of such vehicle.

  8         (b)  The service charges specified in paragraph (a)

  9  shall be collected by the department on any application

10  handled directly from its office.  Otherwise, these service

11  charges shall be collected and retained by the tax collector

12  who handles the application.

13         (c)  In addition to the fees provided in paragraph (a),

14  any tax collector may impose an additional service charge of

15  not more than 50 cents on any transaction specified in

16  paragraph (a) or on any transaction specified in subsection

17  (2) of section 16 when such transaction occurs at any tax

18  collector's branch office.

19         Section 9.  Application for and issuance of certificate

20  of title.--

21         (1)  The owner of an off-highway vehicle that is

22  required to be titled must apply to the county tax collector

23  for a certificate of title. The application must include the

24  true name of the owner, the residence or business address of

25  the owner, and a complete description of the off-highway

26  vehicle. The application must be signed by the owner and must

27  be accompanied by a fee of $29.

28         (2)  The owner must establish by submitting with the

29  application an executed bill of sale, a manufacturer's

30  statement of origin, an affidavit of ownership for off-highway

31

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  1  vehicles purchased before the effective date of this act, or

  2  any other document acceptable to the department.

  3         (3)  To apply for a certificate of title upon transfer

  4  of ownership of an off-highway vehicle, the new owner must

  5  surrender to the department the last title document issued for

  6  that vehicle. The document must be properly executed. Proper

  7  execution includes the previous owner's signature and

  8  certification that the off-highway vehicle to be transferred

  9  is debt-free or is subject to a lien. If a lien exists, the

10  previous owner must furnish the new owner, on forms supplied

11  by the department, the names and addresses of all lienholders

12  and the dates of all liens, with a statement from each

13  lienholder that the lienholder has knowledge of and consents

14  to the transfer of title to the new owner.

15         (4)  An application for an initial certificate of title

16  or a title transfer must include payment of the applicable

17  state sales tax or proof of payment of such tax, except for

18  off-highway vehicles purchased or transferred before the

19  effective date of this act.

20         (5)  If the owner submits a complete application and

21  complies with all other requirements of this section, the

22  department shall issue a certificate of title that states that

23  the title is for an off-highway vehicle that is not suitable

24  for highway use. After October 1, 2003, the department shall

25  also issue a copy of the guidebook prepared by the Department

26  of Agriculture and Consumer Services pursuant to s. 261.07,

27  Florida Statutes.

28         Section 10.  Duplicate certificate of title.--

29         (1)  The department may issue a duplicate certificate

30  of title upon application by the person entitled to hold such

31  a certificate if the department is satisfied that the original

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  1  certificate has been lost, destroyed, or mutilated. A fee of

  2  $15 shall be charged for issuing a duplicate certificate.

  3         (2)  In addition to the fee imposed by subsection (1),

  4  a fee of $7 shall be charged for expedited service in issuing

  5  a duplicate certificate of title. Application for such

  6  expedited service may be made by mail or in person. The

  7  department shall issue each certificate of title applied for

  8  under this subsection within 5 working days after receipt of a

  9  proper application or shall refund the additional $7 fee upon

10  written request by the applicant.

11         (3)  If, following the issuance of an original,

12  duplicate, or corrected certificate of title by the

13  department, the certificate is lost in transit and is not

14  delivered to the addressee, the owner of the off-highway

15  vehicle or the holder of a lien thereon may, within 180 days

16  after the date of issuance of the certificate, apply to the

17  department for reissuance of the certificate. An additional

18  fee may not be charged for reissuance under this subsection.

19         (4)  The department shall implement a system to verify

20  that the application is signed by a person authorized to

21  receive a duplicate certificate of title under this section if

22  the address shown on the application is different from the

23  address shown for the applicant on the records of the

24  department.

25         Section 11.  Manufacturer's statement of origin to be

26  furnished.--

27         (1)  Any person selling a new off-highway vehicle in

28  this state must furnish a manufacturer's statement of origin

29  to the purchaser. The statement, which must be in English or

30  accompanied by an English translation if the vehicle was

31  purchased outside the United States, must be signed and dated

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  1  by an authorized representative of the manufacturer, indicate

  2  the complete name and address of the purchaser, include a

  3  complete description of the vehicle, and contain as many

  4  assignments as necessary to show title in the name of the

  5  purchaser.

  6         (2)  It is unlawful for an off-highway vehicle

  7  manufacturer, manufacturer's representative, or dealer to

  8  issue a manufacturer's certificate of origin describing an

  9  off-highway vehicle with the knowledge that the description is

10  false or that the off-highway vehicle described does not

11  exist. It is unlawful for any person to obtain or attempt to

12  obtain a certificate of origin with the knowledge that the

13  description is false or that the off-highway vehicle does not

14  exist. Any person who violates this subsection is guilty of a

15  felony of the third degree, punishable as provided in s.

16  775.082, s. 775.083, or s. 775.084, Florida Statutes.

17         Section 12.  Registration required.--

18         (1)  Off-highway vehicles operated on public lands of

19  this state, with the exception of off-highway vehicles owned

20  by non-Florida residents, off-highway vehicles in use for

21  specific agricultural purposes, or off-highway vehicles rented

22  for use on public beaches by concessionaires who are

23  franchised by the public entities controlling those beaches,

24  must be registered within 30 days after purchase.

25         (2)  Nothing in this act prohibits the owner, operator,

26  or manager of public lands containing improved and maintained

27  off-highway vehicle recreation areas or trails from charging

28  an entrance or admission fee for the use of such lands to help

29  offset the cost of operation and maintenance of such

30  off-highway vehicle facilities.

31

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  1         Section 13.  Application for and issuance of

  2  certificate of registration, registration number, and decal.--

  3         (1)  The owner of each off-highway vehicle that

  4  requires registration in this state must file a registration

  5  application with the county tax collector.

  6         (a)  The application must provide the owner's name and

  7  address, residency status, a Florida identification card

  8  number such as a driver's license number, and a complete

  9  description of the vehicle to be registered, and must be

10  accompanied by a fee of $25.

11         (b)  Proof of ownership must be established by

12  presenting a certificate of title for the off-highway vehicle.

13         (2)  The department shall issue a certificate of

14  registration and a registration number upon submittal of a

15  complete application and compliance with the other

16  requirements of this section. The certificate of registration

17  shall not constitute a license.

18         (3)  The department shall furnish with each

19  registration certificate issued a decal signifying the years

20  during which the certificate is valid and containing the

21  assigned registration number, and such decal must be affixed

22  to the rear of the off-highway vehicle.

23         Section 14.  Registration period and reregistration by

24  mail.--

25         (1)  An off-highway vehicle certificate of registration

26  is valid through the owner's next birthday. If the owner's

27  birthday falls within the first 3 months after issuance of the

28  certificate of registration, the certificate is valid through

29  the owner's following birthday. However, a certificate of

30  registration may not be valid for more than 15 months.

31

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  1         (2)  The department shall provide for annual

  2  reregistration of off-highway vehicles either in person at the

  3  county tax collector's office or by mail.

  4         Section 15.  Change of interest and address.--

  5         (1)  The owner must furnish to the department notice of

  6  the transfer of any whole or partial interest in an

  7  off-highway vehicle registered or titled in this state or of

  8  the destruction or abandonment of such vehicle within 30 days

  9  thereafter. The certificate of registration expires upon such

10  transfer, destruction, or abandonment, unless the transfer of

11  a partial interest does not affect the owner's right to

12  operate the vehicle.

13         (2)  Any holder of a certificate of registration must

14  notify the department or the county tax collector within 30

15  days after a change of address to one other than the address

16  on the certificate and must furnish the department or the

17  county tax collector with the new address. The department may

18  provide by rule for the surrender of the certificate of

19  registration bearing the former address and for its

20  replacement with a new certificate bearing the new address or

21  for the alteration of a certificate to include the new address

22  of the holder.

23         Section 16.  Duplicate registration certificate or

24  decal; service fees.--

25         (1)  A duplicate off-highway vehicle registration

26  certificate or decal to replace a lost or misplaced

27  certificate or decal may be obtained from the county tax

28  collector for $10. A duplicate certificate or decal may not be

29  issued except upon written request of the registered owner or

30  a person authorized by the owner.

31

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  1         (2)  Included in the registration fee for off-highway

  2  vehicles is a $2.50 service fee to be retained by the county

  3  tax collector for each registration certificate or decal

  4  issued, replaced, or renewed. The remainder of the fees

  5  collected by the county tax collector shall be remitted to the

  6  department.

  7         (3)  A mail service charge may be collected for each

  8  registration or reregistration mailed by the department or any

  9  tax collector. All registrations and reregistrations must be

10  mailed by first-class mail. The amount of mail service charge

11  must be the actual postage required rounded to the nearest 5

12  cents, plus a 25-cent handling charge. The mail service charge

13  is in addition to the registration fee in section 13.

14         Section 17.  Disposition of fees.--The department shall

15  deposit all funds received under sections 3 through 20, less

16  administrative costs of $2 per title transaction and $2 per

17  registration transaction, into the Incidental Trust Fund of

18  the Division of Forestry of the Department of Agriculture and

19  Consumer Services.

20         Section 18.  Refusal to issue and authority to cancel a

21  certificate of title or certificate of registration.--

22         (1)  If the department finds that an applicant for an

23  off-highway vehicle certificate of title or certificate of

24  registration has given a false statement or false or

25  incomplete information in applying for the certificate or has

26  otherwise failed to comply with the applicable provisions

27  pertaining to the application for a certificate, it may refuse

28  to issue the certificate.

29         (2)  If the department finds that an owner or dealer

30  named in an off-highway vehicle certificate of title or

31  certificate of registration has given a false statement or

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  1  false or incomplete information in applying for the

  2  certificate or has otherwise failed to comply with the

  3  applicable provisions pertaining to the application for a

  4  certificate, it may cancel the certificate.

  5         (3)  The department may cancel any pending application

  6  or any certificate if it finds that any title or registration

  7  fee or sales tax pertaining to such registration has not been

  8  paid, unless the fee or tax is paid within a reasonable time

  9  after the department has given notice.

10         Section 19.  Crimes relating to certificates of title

11  and registration decals; penalties.--

12         (1)  It is unlawful for any person to procure or

13  attempt to procure a certificate of title or duplicate

14  certificate of title to an off-highway vehicle, or to pass or

15  attempt to pass a certificate of title or duplicate

16  certificate of title to an off-highway vehicle or any

17  assignment thereof, if such person knows or has reason to

18  believe that the vehicle has been stolen. Any person who

19  violates this subsection commits a felony of the third degree,

20  punishable as provided in s. 775.082, s. 775.083, or s.

21  775.084, Florida Statutes.

22         (2)  It is unlawful for any person, knowingly and with

23  intent to defraud, to have in his or her possession, sell,

24  offer to sell, counterfeit, or supply a blank, forged,

25  fictitious, counterfeit, stolen, or fraudulently or unlawfully

26  obtained certificate of title, duplicate certificate of title,

27  registration, bill of sale, or other indicia of ownership of

28  an off-highway vehicle or to conspire to do any of the

29  foregoing. Any person who violates this subsection commits a

30  felony of the third degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084, Florida Statutes.

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  1         (3)  It is unlawful to:

  2         (a)  Alter or forge any certificate of title to an

  3  off-highway vehicle or any assignment thereof or any

  4  cancellation of any lien on an off-highway vehicle.

  5         (b)  Retain or use such certificate, assignment, or

  6  cancellation knowing that it has been altered or forged.

  7         (c)  Use a false or fictitious name, give a false or

  8  fictitious address, or make any false statement in any

  9  application or affidavit required by sections 3 through 20 or

10  in a bill of sale or sworn statement of ownership or otherwise

11  commit a fraud in any application.

12         (d)  Knowingly obtain goods, services, credit, or money

13  by means of an invalid, duplicate, fictitious, forged,

14  counterfeit, stolen, or unlawfully obtained certificate of

15  title, registration, bill of sale, or other indicia of

16  ownership of an off-highway vehicle.

17         (e)  Knowingly obtain goods, services, credit, or money

18  by means of a certificate of title to an off-highway vehicle

19  which certificate is required by law to be surrendered to the

20  department.

21

22  Any person who violates this subsection commits a felony of

23  the third degree, punishable as provided in s. 775.082, s.

24  775.083, or s. 775.084, Florida Statutes. A violation of this

25  subsection with respect to any off-highway vehicle makes such

26  off-highway vehicle contraband which may be seized by a law

27  enforcement agency and forfeited under ss. 932.701-932.704,

28  Florida Statutes.

29         (4)  It is unlawful for any person to:

30

31

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  1         (a)  Make, alter, forge, counterfeit, or reproduce an

  2  off-highway vehicle registration decal unless authorized by

  3  the department.

  4         (b)  Knowingly have in his or her possession a forged,

  5  counterfeit, or imitation off-highway vehicle registration

  6  decal, or reproduction of a decal, unless such possession has

  7  been authorized by the department.

  8         (c)  Barter, trade, sell, supply, agree to supply, aid

  9  in supplying, or give away an off-highway vehicle registration

10  decal, or to conspire to barter, trade, sell, supply, agree to

11  supply, aid in supplying, or give away an off-highway vehicle

12  registration decal, unless authorized by the department.

13

14  Any person who violates this subsection commits a felony of

15  the third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084, Florida Statutes.

17         Section 20.  Nonmoving traffic violations.--Any person

18  who fails to comply with any provision of sections 3 through

19  19 for which a penalty is not otherwise provided commits a

20  nonmoving traffic violation, punishable as provided in s.

21  318.18, Florida Statutes.

22         Section 21.  Subsection (1) of section 375.315, Florida

23  Statutes, is amended to read:

24         375.315  Registration of off-road vehicles.--

25         (1)  Any off-road vehicle operated upon public lands,

26  and not registered or licensed under s. 320.02 or s. 320.06,

27  and not otherwise required to be registered pursuant to the

28  Florida Off-Highway Vehicle Titling and Registration Act must

29  be registered as provided in this section.

30         Section 22.  There is appropriated to the Department of

31  Agriculture and Consumer Services from the designated

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  1  off-highway vehicle funds in the Incidental Trust Fund of the

  2  Division of Forestry of the Department of Agriculture and

  3  Consumer Services, for fiscal year 2002-2003, one position and

  4  $156,660 to carry out the provisions of this act.

  5         Section 23.  This act shall take effect October 1,

  6  2002.

  7

  8            *****************************************

  9                       LEGISLATIVE SUMMARY

10
      Creates the T. Mark Schmidt Off-Highway Vehicle Safety
11    and Recreation Act to control and manage off-highway
      vehicles to minimize negative effects on the environment,
12    wildlife habitats, and native flora and fauna.

13
      Creates the Off-Highway Vehicle Recreation Advisory
14    Committee to establish policies and guide the Department
      of Agriculture and Consumer Services regarding such
15    vehicles.

16
      Creates the Florida Off-Highway Vehicle Titling and
17    Registration Act to provide for titling and registration
      of off-highway vehicles.
18

19    See bill for details.

20

21

22

23

24

25

26

27

28

29

30

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