House Bill hb1781c1

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    Florida House of Representatives - 2002             CS/HB 1781

        By the Fiscal Responsibility Council and 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; providing

  7         functions, duties, and responsibilities of the

  8         Department of Agriculture and Consumer

  9         Services; providing for rulemaking authority;

10         providing for the publication and distribution

11         of a guidebook; providing for the repair,

12         maintenance, and rehabilitation of areas,

13         trails, and lands; providing for contracts and

14         agreements; providing criteria for recreation

15         areas and trails; providing a penalty;

16         providing for the use of designated off-highway

17         vehicle funds within the Incidental Trust Fund

18         of the Division of Forestry of the department;

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

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

21         prohibiting the use of all-terrain vehicles on

22         public roadways in the state; providing

23         exceptions; creating the Florida Off-Highway

24         Vehicle Titling Act; providing legislative

25         intent; providing definitions; providing for

26         administration by the Department of Highway

27         Safety and Motor Vehicles; providing for rules,

28         forms, and notices; requiring certificates of

29         title; providing for application for and

30         issuance of certificates of title; providing

31         for duplicate certificates of title; requiring

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  1         the furnishing of a manufacturer's statement of

  2         origin; providing for fees; providing for

  3         disposition of fees; providing authority to

  4         refuse to issue and to cancel a certificate of

  5         title; providing crimes relating to

  6         certificates of title; providing penalties;

  7         providing noncriminal infractions; providing

  8         penalties; amending s. 375.313, F.S.; deleting

  9         fee collection responsibility of the Fish and

10         Wildlife Conservation Commission for

11         registration of off-road vehicles; repealing s.

12         375.315, F.S., relating to the registration of

13         off-road vehicles by the commission; providing

14         an effective date.

15  

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

17  

18         Section 1.  Chapter 261, Florida Statutes, consisting

19  of sections 261.01, 261.02, 261.03, 261.06, 261.07, 261.08,

20  261.09, 261.10, 261.11, and 261.12, Florida Statutes, is

21  created to read:

22         261.01  Short title.--This chapter may be cited as the

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

24  Act."

25         261.02  Legislative findings and intent.--

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

27  are becoming increasingly popular in this state and that the

28  use of these vehicles should be controlled and managed to

29  minimize negative effects on the environment, wildlife

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

31  

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  1         (2)  The Legislature declares that effectively managed

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

  3  vehicles are compatible with this state's overall recreation

  4  plan and the underlying goal of multiple use.

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

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

  7  facilities, and opportunities be improved and appropriately

  8  expanded and be managed in a manner consistent with this

  9  chapter, in particular to maintain natural resources and

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

11  areas.

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

13  facilities, and opportunities be provided and managed pursuant

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

15  use and the environment.

16         (4)  Nothing contained within this chapter shall be

17  construed to require the construction or maintenance of

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

19  public lands where such construction or maintenance would be

20  inconsistent with the property's management objectives or land

21  management plan.

22         261.03  Definitions.--As used in this chapter, the

23  term:

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

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

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

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

28  straddled by the operator and handlebars for steering control,

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

30         (2)  "Department" means the Department of Agriculture

31  and Consumer Services.

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  1         (3)  "Division" means the Division of Forestry of the

  2  Department of Agriculture and Consumer Services.

  3         (4)  "OHM" or "off-highway motorcycle" means any motor

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

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

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

  7  ground, but excludes a tractor or a moped.

  8         (5)  "Off-highway vehicle" means any ATV or OHM that is

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

10  purposes and that is not registered and licensed for highway

11  use under chapter 320.

12         (6)  "Program" means the Off-Highway Vehicle Recreation

13  Program.

14         (7)  "Public lands" means lands within the state that

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

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

17  entity.

18         (8)  "System" means the off-highway vehicle recreation

19  areas and trails on public lands within the state.

20         (9)  "Trust fund" means the Incidental Trust Fund of

21  the Division of Forestry of the Department of Agriculture and

22  Consumer Services.

23         261.06  Functions, duties, and responsibilities of the

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

25  responsibilities of the department through the division:

26         (1)  Coordination of the planning, development,

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

28  system.

29         (2)  Coordination of the management, maintenance,

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

31  

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  1  the provision of law enforcement and appropriate public safety

  2  activities.

  3         (3)  Management of the trust fund.

  4         (4)  Implementation of the program, including the

  5  ultimate approval of grant applications submitted by

  6  governmental agencies or entities or nongovernmental entities.

  7         (5)  Coordination to help ensure compliance with

  8  environmental laws and regulations of the program and lands in

  9  the system.

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

11  be included in, the system.

12         (7)  Conducting surveys and the preparation of studies

13  as are necessary or desirable for implementing the program.

14         (8)  Recruitment and utilization of volunteers to

15  further the program.

16         (9)  Rulemaking authority to implement the provisions

17  of ss. 261.01-261.10.

18         (10)  In consultation with the Department of

19  Environmental Protection and the Fish and Wildlife

20  Conservation Commission, review of the inventory of current

21  state-owned lands to determine the feasibility of providing

22  public access for off-highway vehicle recreation and trails.

23  The department shall provide a report to the Governor and the

24  presiding officers of the Legislature by January 1, 2003. The

25  report must include a recommendation of five locations for

26  public access for off-highway vehicle recreational use and the

27  applicable cost of providing each facility. The cost section

28  of the report should fully explain the fiscal approach of

29  renovating, maintaining, and operating each site and include a

30  recommended fee structure to support the ongoing maintenance

31  and operation of the program. The report should also include

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  1  the benefits and risks of offering each site for off-highway

  2  vehicle recreational use. This subsection shall expire July 1,

  3  2003.

  4         261.07  Publication and distribution of guidebook;

  5  contents.--The department shall publish a guidebook that

  6  includes the text of this chapter, other laws and regulations

  7  relating to the program, and maps of areas and trails of the

  8  system. The guidebook may include other public areas, trails,

  9  and facilities for the use of off-highway vehicles. The

10  guidebook must include information regarding the

11  responsibilities of users of the system and must set forth

12  pertinent laws, rules, and regulations, including particular

13  provisions and other information intended to prevent trespass

14  and damage to public or private property. The guidebook must

15  be prepared at minimal cost to facilitate the broadest

16  possible distribution and must be available for distribution

17  no later than October 1, 2003.

18         261.08  Repair, maintenance, and rehabilitation of

19  areas, trails, and lands.--

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

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

22  environment, wildlife habitats, native wildlife, and native

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

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

25  managing agency shall avoid or minimize adverse impacts to the

26  environment, promptly repair and continuously maintain areas

27  and trails, anticipate and prevent accelerated erosion, and

28  rehabilitate lands to the extent damaged by off-highway

29  vehicle use in accordance with the management plans of the

30  public land managing agency.

31  

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

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

  3  system to determine whether there is compliance with

  4  applicable environmental laws and regulations and shall take

  5  appropriate action as necessary.

  6         261.09  Contracts and agreements.--The public land

  7  managing agency may contract with private persons or entities

  8  and enter into cooperative agreements with other public

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

10  including contracts for law enforcement services with public

11  agencies having law enforcement powers.

12         261.10  Criteria for recreation areas and

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

14  recreation areas and trails shall be designated and maintained

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

16  and trails need not be generally suitable or maintained for

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

18  should not be designated as recreational footpaths. State

19  off-highway vehicle recreation areas and trails must be

20  selected and managed in accordance with this chapter.

21         261.11  Penalties.--No off-highway vehicle may be

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

23  state, except as otherwise permitted by the managing local,

24  state, or federal agency. A violation of this section is a

25  noncriminal traffic infraction, punishable as provided in

26  chapter 318.

27         261.12  Designated off-highway vehicle funds within the

28  Incidental Trust Fund of the Division of Forestry of the

29  Department of Agriculture and Consumer Services.--

30  

31  

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

  2  trust fund shall consist of deposits from the following

  3  sources:

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

  5  Motor Vehicles for the titling of off-highway vehicles.

  6         (b)  Revenues and income from any other sources

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

  8  deposited into the trust fund as designated off-highway

  9  vehicle funds.

10         (c)  Donations from private sources that are designated

11  as off-highway vehicle funds.

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

13  funds on deposit in the trust fund.

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

15  fund shall be available for recommended allocation by the

16  Department of Agriculture and Consumer Services and upon

17  annual appropriation by the Legislature, exclusively for the

18  following:

19         (a)  Implementation of the Off-Highway Vehicle

20  Recreation Program by the Department of Agriculture and

21  Consumer Services, which includes personnel and other related

22  expenses; administrative and operating expenses; expenses

23  related to safety, training, rider education programs,

24  management, maintenance, and rehabilitation of lands in the

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

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

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

28  rehabilitation of such lands.

29         (b)  Approved grants to governmental agencies or

30  entities or nongovernmental entities that wish to provide or

31  improve off-highway vehicle recreation areas or trails for

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  1  public use on public lands, provide environmental protection

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

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

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

  5  available from other sources.

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

  7  216.351, any balance of designated off-highway vehicle funds

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

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

10  this section and as otherwise provided by law.

11         Section 2.  Section 316.2074, Florida Statutes, is

12  amended to read:

13         316.2074  All-terrain vehicles.--

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

15  adoption of this section to provide safety protection for

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

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

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

19  (1270 mm) or less in width, having a dry weight of 900 600

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

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

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

23  straddled by the operator, and having handlebars for steering

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

25  passenger.

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

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

28  unless the person wears a safety helmet meeting United States

29  Department of Transportation standards and eye protection.

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

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

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

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

  3  pursuant to s. 316.066.

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

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

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

  7  managing state or federal agency.

  8         (6)(5)  An all-terrain vehicle having four wheels may

  9  be used by police officers on public beaches designated as

10  public roadways for the purpose of enforcing the traffic laws

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

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

13  access only when getting to and from the beach.

14         (7)  An all-terrain vehicle having four wheels may be

15  used by law enforcement officers on public roads within public

16  lands while in the course and scope of their duties.

17         (8)(6)  A violation of this section is a noncriminal

18  traffic infraction, punishable as a nonmoving violation as

19  provided in chapter 318.

20         Section 3.  Short title.--Sections 3 through 15 of this

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

22  Act."

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

24  the Legislature that all off-highway vehicles purchased after

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

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

27  title to allow for easy determination of ownership.

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

29  15, the term:

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

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

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

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

  3  straddled by the operator and handlebars for steering control,

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

  5  passenger.

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

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

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

  9  sales tax certificate of registration issued by the Department

10  of Revenue and a valid commercial or occupational license

11  required by any county, municipality, or political subdivision

12  of the state in which the person operates.

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

14  Safety and Motor Vehicles.

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

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

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

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

19  222.17, Florida Statutes, or who has filed for homestead tax

20  exemption on property in this state.

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

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

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

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

25  ground, but excludes a tractor or a moped.

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

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

28  purposes and that is not registered and licensed for highway

29  use pursuant to chapter 320.

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

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

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

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

  3  person, reserved or created by agreement and securing payment

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

  5  lessee under a lease not intended as security.

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

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

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

  9  entity.

10         Section 6.  Administration of off-highway vehicle

11  titling laws; records.--

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

13  laws in sections 3 through 15 is under the Department of

14  Highway Safety and Motor Vehicles, which shall provide for the

15  issuing, handling, and recording of all off-highway vehicle

16  titling applications and certificates, including the receipt

17  and accounting of off-highway vehicle titling fees.

18         (2)  The department shall keep records and perform

19  other clerical duties pertaining to off-highway vehicle

20  titling as required.

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

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

23  120.536(1) and 120.54, Florida Statutes, which pertain to

24  off-highway vehicle titling, in order to implement the

25  provisions of sections 3 through 15 conferring duties upon it.

26         (2)  The department shall prescribe and provide

27  suitable forms for applications and other notices and forms

28  necessary to administer the provisions of sections 3 through

29  15.

30         Section 8.  Certificate of title required.--

31  

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

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

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

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

  5  through 15.

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

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

  8  the purchaser or transferee a valid certificate of title with

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

10  purchaser or transferee. A person may not purchase or

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

12  without obtaining a certificate of title for the vehicle in

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

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

15  application for a title transfer with the county tax

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

17  purchaser or transferee who files a title transfer application

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

19  $5 of the additional amount.

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

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

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

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

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

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

26  destruction or abandonment, surrender to the department all

27  title documents for cancellation.

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

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

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

31  

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  1  record his or her valid sales tax certificate of registration

  2  number.

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

  4  each application that is handled in connection with the

  5  issuance, duplication, or transfer of any certificate of

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

  7  application that is handled in connection with the recording

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

  9  connection with the purchase of such vehicle.

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

11  shall be collected by the department on any application

12  handled directly from its office. Otherwise, these service

13  charges shall be collected and retained by the tax collector

14  who handles the application.

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

16  any tax collector may impose an additional service charge of

17  not more than 50 cents on any transaction specified in

18  paragraph (a) when such transaction occurs at any tax

19  collector's branch office.

20         Section 9.  Application for and issuance of certificate

21  of title.--

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

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

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

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

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

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

28  be accompanied by a fee of $29.

29         (2)  The owner must establish proof of ownership by

30  submitting with the application an executed bill of sale, a

31  manufacturer's statement of origin, an affidavit of ownership

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  1  for off-highway vehicles purchased before the effective date

  2  of this act, or any other document acceptable to the

  3  department.

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

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

  6  surrender to the department the last title document issued for

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

  8  execution includes the previous owner's signature and

  9  certification that the off-highway vehicle to be transferred

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

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

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

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

14  lienholder that the lienholder has knowledge of and consents

15  to the transfer of title to the new owner.

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

17  or a title transfer must include payment of the applicable

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

19  off-highway vehicles purchased or transferred before the

20  effective date of this act.

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

22  complies with all other requirements of this section, the

23  department shall issue a certificate of title that states that

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

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

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

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

28  Florida Statutes.

29         Section 10.  Duplicate certificate of title.--

30         (1)  The department may issue a duplicate certificate

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

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  1  a certificate if the department is satisfied that the original

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

  3  $15 shall be charged for issuing a duplicate certificate.

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

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

  6  a duplicate certificate of title. Application for such

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

  8  department shall issue each certificate of title applied for

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

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

11  written request by the applicant.

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

13  duplicate, or corrected certificate of title by the

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

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

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

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

18  department for reissuance of the certificate. An additional

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

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

21  that the application is signed by a person authorized to

22  receive a duplicate certificate of title under this section if

23  the address shown on the application is different from the

24  address shown for the applicant on the records of the

25  department.

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

27  furnished.--

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

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

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

31  accompanied by an English translation if the vehicle was

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

  2  by an authorized representative of the manufacturer, indicate

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

  4  complete description of the vehicle, and contain as many

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

  6  purchaser.

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

  8  manufacturer, manufacturer's representative, or dealer to

  9  issue a manufacturer's certificate of origin describing an

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

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

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

13  obtain a certificate of origin with the knowledge that the

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

15  exist. Any person who violates this subsection commits a

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

17  775.082, s. 775.083, or s. 775.084, Florida Statutes.

18         Section 12.  Disposition of fees.--The department shall

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

20  administrative costs of $2 per title transaction, into the

21  Incidental Trust Fund of the Division of Forestry of the

22  Department of Agriculture and Consumer Services.

23         Section 13.  Refusal to issue and authority to cancel a

24  certificate of title.--

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

26  off-highway vehicle certificate of title has given a false

27  statement or false or incomplete information in applying for

28  the certificate or has otherwise failed to comply with the

29  applicable provisions pertaining to the application for a

30  certificate, it may refuse to issue the certificate.

31  

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    Florida House of Representatives - 2002             CS/HB 1781

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

  2  named in an off-highway vehicle certificate of title has given

  3  a false statement or false or incomplete information in

  4  applying for the certificate or has otherwise failed to comply

  5  with the applicable provisions pertaining to the application

  6  for a certificate, it may cancel the certificate.

  7         (3)  The department may cancel any pending application

  8  or any certificate if it finds that any title fee or sales tax

  9  pertaining to such application or certificate has not been

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

11  after the department has given notice.

12         Section 14.  Crimes relating to certificates of title;

13  penalties.--

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

15  attempt to procure a certificate of title or duplicate

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

17  attempt to pass a certificate of title or duplicate

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

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

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

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

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

23  775.084, Florida Statutes.

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

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

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

27  fictitious, counterfeit, stolen, or fraudulently or unlawfully

28  obtained certificate of title, duplicate certificate of title,

29  bill of sale, or other indicia of ownership of an off-highway

30  vehicle or to conspire to do any of the foregoing. Any person

31  who violates this subsection commits a felony of the third

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

  2  s. 775.084, Florida Statutes.

  3         (3)  It is unlawful to:

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

  5  off-highway vehicle or any assignment thereof or any

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

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

  8  cancellation knowing that it has been altered or forged.

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

10  fictitious address, or make any false statement in any

11  application or affidavit required by sections 3 through 15 or

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

13  commit a fraud in any application.

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

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

16  counterfeit, stolen, or unlawfully obtained certificate of

17  title, bill of sale, or other indicia of ownership of an

18  off-highway vehicle.

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

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

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

22  department.

23  

24  Any person who violates this subsection commits a felony of

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

26  775.083, or s. 775.084, Florida Statutes. A violation of this

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

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

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

30  Florida Statutes.

31  

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  1         Section 15.  Nonmoving traffic violations.--Any person

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

  3  14 for which a penalty is not otherwise provided commits a

  4  nonmoving traffic violation, punishable as provided in s.

  5  318.18, Florida Statutes.

  6         Section 16.  Section 375.313, Florida Statutes, is

  7  amended to read:

  8         375.313  Commission powers and duties.--The commission

  9  shall:

10         (1)  Regulate or prohibit, when necessary, the use of

11  motor vehicles on the public lands of the state in order to

12  prevent damage or destruction to said lands. 

13         (2)  Collect any registration fees imposed by s.

14  375.315 and deposit said fees in the State Game Trust Fund.

15  The revenue resulting from said registration shall be expended

16  for the funding and administration of ss. 375.311-375.315.

17         (2)(3)  Adopt and promulgate such reasonable rules as

18  deemed necessary to administer the provisions of ss.

19  375.311-375.315, except that, before any such rules are

20  adopted, the commission shall obtain the consent and

21  agreement, in writing, of the owner, in the case of privately

22  owned lands, or the owner or primary custodian, in the case of

23  publicly owned lands.

24         Section 17.  Section 375.315, Florida Statutes, is

25  repealed.

26         Section 18.  This act shall take effect October 1,

27  2002.

28  

29  

30  

31  

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