Senate Bill sb1168c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1168

    By the Committee on Transportation; and Senator Sebesta





    306-1916-03

  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; repealing s.

  4         317.0008(2), F.S., relating to the expedited

  5         issuance of duplicate certificates of title for

  6         off-highway vehicles; creating s. 317.0014,

  7         F.S.; establishing procedures for the issuance

  8         of off-highway vehicle titles; creating s.

  9         317.0015, F.S.; providing for the applicability

10         of certain provisions of law to the titling of

11         off-highway vehicles; creating s. 317.0016,

12         F.S.; providing for the expedited issuance of

13         titles for off-highway vehicles; creating s.

14         317.0017, F.S.; prohibiting specified actions

15         relating to the issuance of titles for

16         off-highway vehicles; providing a penalty;

17         creating s. 317.0018, F.S.; prohibiting the

18         transfer of an off-highway vehicle without

19         delivery of a certificate of title; prescribing

20         other violations; providing a penalty; amending

21         s. 319.23, F.S.; providing that licensed motor

22         vehicle dealers must notify the Department of

23         Highway Safety and Motor Vehicles of motor

24         vehicles taken in trade; amending s. 320.055,

25         F.S.; requiring leased vehicles to be

26         registered in the name of the lessee; amending

27         s. 320.131, F.S.; providing for the creation of

28         an electronic temporary license plate system;

29         amending s. 320.27, F.S.; revising provisions

30         relating to the suspension or revocation of a

31         motor vehicle dealer license; amending s.

                                  1

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         322.051, F.S.; revising provisions relating to

 2         the application for an identification card;

 3         providing that the requirement for a fullface

 4         photograph or digital image on an

 5         identification card may not be waived under ch.

 6         761, F.S.; amending s. 322.08, F.S.; providing

 7         that a United States passport is an acceptable

 8         proof of identity for purposes of obtaining a

 9         driver's license; providing that a

10         naturalization certificate issued by the United

11         States Department of Justice is an acceptable

12         proof of identity for such purpose; providing

13         that specified documents issued by the United

14         States Department of Justice are acceptable as

15         proof of nonimmigrant classification; amending

16         s. 322.12, F.S.; revising provisions relating

17         to the reinstatement of a driver's license

18         following certain violations; revising the

19         distribution of specified fees; amending s.

20         322.142, F.S.; providing that the requirement

21         for a fullface photograph or digital image on a

22         driver's license may not be waived under ch.

23         761, F.S.; amending s. 322.17, F.S.; revising

24         provisions relating to the application for a

25         replacement or duplicate driver's license;

26         amending s. 322.18, F.S.; revising the

27         expiration period for driver's licenses issued

28         to specified persons; amending s. 322.19, F.S.;

29         revising requirements relating to name and

30         address changes for driver's licenses; amending

31         s. 713.78, F.S.; revising provisions relating

                                  2

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         to the placement of a wrecker operator lien

 2         against a motor vehicle; providing an effective

 3         date.

 4  

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

 6  

 7         Section 1.  Subsection (2) of section 317.0008, Florida

 8  Statutes, is repealed.

 9         Section 2.  Section 317.0014, Florida Statutes, is

10  created to read:

11         317.0014  Certificate of title; issuance in duplicate;

12  delivery; liens and encumbrances.--

13         (1)  The department shall assign a number to each

14  certificate of title and shall issue each certificate of title

15  and each corrected certificate in duplicate. The database

16  record shall serve as the duplicate title certificate required

17  in this section. One printed copy may be retained on file by

18  the department.

19         (2)  A duly authorized person shall sign the original

20  certificate of title and each corrected certificate and, if

21  there are no liens or encumbrances on the off-highway vehicle,

22  as shown in the records of the department or as shown in the

23  application, shall deliver the certificate to the applicant or

24  to another person as directed by the applicant or person,

25  agent, or attorney submitting the application. If there are

26  one or more liens or encumbrances on the off-highway vehicle,

27  the certificate shall be delivered by the department to the

28  first lienholder as shown by department records or to the

29  owner as indicated in the notice of lien filed by the first

30  lienholder. If the notice of lien filed by the first

31  lienholder indicates that the certificate should be delivered

                                  3

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  to the first lienholder, the department shall deliver to the

 2  first lienholder, along with the certificate, a form to be

 3  subsequently used by the lienholder as a satisfaction. If the

 4  notice of lien filed by the first lienholder directs the

 5  certificate of title to be delivered to the owner, then, upon

 6  delivery of the certificate of title by the department to the

 7  owner, the department shall deliver to the first lienholder

 8  confirmation of the receipt of the notice of lien and the date

 9  the certificate of title was issued to the owner at the

10  owner's address shown on the notice of lien and a form to be

11  subsequently used by the lienholder as a satisfaction. If the

12  application for certificate shows the name of a first

13  lienholder different from the name of the first lienholder as

14  shown by the records of the department, the certificate may

15  not be issued to any person until after all parties who appear

16  to hold a lien and the applicant for the certificate have been

17  notified of the conflict in writing by the department by

18  certified mail. If the parties do not amicably resolve the

19  conflict within 10 days after the date the notice was mailed,

20  the department shall serve notice in writing by certified mail

21  on all persons appearing to hold liens on that particular

22  vehicle, including the applicant for the certificate, to show

23  cause within 15 days following the date the notice is mailed

24  as to why it should not issue and deliver the certificate to

25  the person indicated in the notice of lien filed by the

26  lienholder whose name appears in the application as the first

27  lienholder without showing any lien or liens as outstanding

28  other than those appearing in the application or those that

29  have been filed subsequent to the filing of the application

30  for the certificate. If, within the 15-day period, any person

31  other than the lienholder shown in the application or a party

                                  4

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  filing a subsequent lien, in answer to the notice to show

 2  cause, appears in person or by a representative, or responds

 3  in writing, and files a written statement under oath that his

 4  or her lien on that particular vehicle is still outstanding,

 5  the department may not issue the certificate to anyone until

 6  after the conflict has been settled by the lien claimants

 7  involved or by a court of competent jurisdiction. If the

 8  conflict is not settled amicably within 10 days after the

 9  final date for filing an answer to the notice to show cause,

10  the complaining party shall have 10 days in which to obtain a

11  ruling, or a stay order, from a court of competent

12  jurisdiction. If a ruling or stay order is not issued and

13  served on the department within the 10-day period, it shall

14  issue the certificate showing no liens except those shown in

15  the application or thereafter filed to the original applicant

16  if there are no liens shown in the application and none are

17  thereafter filed, or to the person indicated in the notice of

18  lien filed by the lienholder whose name appears in the

19  application as the first lienholder if there are liens shown

20  in the application or thereafter filed. A duplicate

21  certificate or corrected certificate shall show only the lien

22  or liens as shown in the application and any subsequently

23  filed liens that may be outstanding.

24         (3)  Except as provided in subsection (4), the

25  certificate of title shall be retained by the first lienholder

26  or the owner as indicated in the notice of lien filed by the

27  first lienholder. If the first lienholder is in possession of

28  the certificate, the first lienholder is entitled to retain

29  the certificate until the first lien is satisfied.

30         (4)  If the owner of the vehicle, as shown on the title

31  certificate, desires to place a second or subsequent lien or

                                  5

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  encumbrance against the vehicle when the title certificate is

 2  in the possession of the first lienholder, the owner shall

 3  send a written request to the first lienholder by certified

 4  mail, and the first lienholder shall forward the certificate

 5  to the department for endorsement. If the title certificate is

 6  in the possession of the owner, the owner shall forward the

 7  certificate to the department for endorsement. The department

 8  shall return the certificate to either the first lienholder or

 9  to the owner, as indicated in the notice of lien filed by the

10  first lienholder, after endorsing the second or subsequent

11  lien on the certificate and on the duplicate. If the first

12  lienholder or owner fails, neglects, or refuses to forward the

13  certificate of title to the department within 10 days after

14  the date of the owner's request, the department, on the

15  written request of the subsequent lienholder or an assignee of

16  the lien, shall demand of the first lienholder the return of

17  the certificate for the notation of the second or subsequent

18  lien or encumbrance.

19         (5)(a)  Upon satisfaction of any first lien or

20  encumbrance recorded by the department, the owner of the

21  vehicle, as shown on the title certificate, or the person

22  satisfying the lien is entitled to demand and receive from the

23  lienholder a satisfaction of the lien. If the lienholder, upon

24  satisfaction of the lien and upon demand, fails or refuses to

25  furnish a satisfaction of the lien within 30 days after

26  demand, he or she is liable for all costs, damages, and

27  expenses, including reasonable attorney's fees, lawfully

28  incurred by the titled owner or person satisfying the lien in

29  any suit brought in this state for cancellation of the lien.

30  The lienholder receiving final payment as defined in s.

31  674.215 shall mail or otherwise deliver a lien satisfaction

                                  6

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  and the certificate of title indicating the satisfaction

 2  within 10 working days after receipt of final payment or

 3  notify the person satisfying the lien that the title is not

 4  available within 10 working days after receipt of final

 5  payment. If the lienholder is unable to provide the

 6  certificate of title and notifies the person of such, the

 7  lienholder shall provide a lien satisfaction and is

 8  responsible for the cost of a duplicate title, including

 9  expedited title charges as provided in s. 317.0016. This

10  paragraph does not apply to electronic transactions under

11  subsection (8).

12         (b)  Following satisfaction of a lien, the lienholder

13  shall enter a satisfaction thereof in the space provided on

14  the face of the certificate of title. If the certificate of

15  title was retained by the owner, the owner shall, within 5

16  days after satisfaction of the lien, deliver the certificate

17  of title to the lienholder and the lienholder shall enter a

18  satisfaction thereof in the space provided on the face of the

19  certificate of title. If no subsequent liens are shown on the

20  certificate of title, the certificate shall be delivered by

21  the lienholder to the person satisfying the lien or

22  encumbrance and an executed satisfaction on a form provided by

23  the department shall be forwarded to the department by the

24  lienholder within 10 days after satisfaction of the lien.

25         (c)  If the certificate of title shows a subsequent

26  lien not then being discharged, an executed satisfaction of

27  the first lien shall be delivered by the lienholder to the

28  person satisfying the lien and the certificate of title

29  showing satisfaction of the first lien shall be forwarded by

30  the lienholder to the department within 10 days after

31  satisfaction of the lien.

                                  7

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         (d)  If, upon receipt of a title certificate showing

 2  satisfaction of the first lien, the department determines from

 3  its records that there are no subsequent liens or encumbrances

 4  upon the vehicle, the department shall forward to the owner,

 5  as shown on the face of the title, a corrected certificate

 6  showing no liens or encumbrances. If there is a subsequent

 7  lien not being discharged, the certificate of title shall be

 8  reissued showing the second or subsequent lienholder as the

 9  first lienholder and shall be delivered to either the new

10  first lienholder or to the owner as indicated in the notice of

11  lien filed by the new first lienholder. If the certificate of

12  title is to be retained by the first lienholder on the

13  reissued certificate, the first lienholder is entitled to

14  retain the certificate of title except as provided in

15  subsection (4) until his or her lien is satisfied. Upon

16  satisfaction of the lien, the lienholder is subject to the

17  procedures required of a first lienholder by subsection (4)

18  and this subsection.

19         (6)  When the original certificate of title cannot be

20  returned to the department by the lienholder and evidence

21  satisfactory to the department is produced that all liens or

22  encumbrances have been satisfied, upon application by the

23  owner for a duplicate copy of the certificate upon the form

24  prescribed by the department, accompanied by the fee

25  prescribed in this chapter, a duplicate copy of the

26  certificate of title, without statement of liens or

27  encumbrances, shall be issued by the department and delivered

28  to the owner.

29         (7)  Any person who fails, within 10 days after receipt

30  of a demand by the department by certified mail, to return a

31  certificate of title to the department as required by

                                  8

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  subsection (4) or who, upon satisfaction of a lien, fails

 2  within 10 days after receipt of such demand to forward the

 3  appropriate document to the department as required by

 4  paragraph (5)(b) or paragraph (5)(c) commits a misdemeanor of

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

 6  775.073.

 7         (8)  Notwithstanding any requirements in this section

 8  or in s. 319.27 indicating that a lien on a vehicle shall be

 9  noted on the face of the Florida certificate of title, if

10  there are one or more liens or encumbrances on the off-highway

11  vehicle, the department may electronically transmit the lien

12  to the first lienholder and notify the first lienholder of any

13  additional liens. Subsequent lien satisfactions may be

14  electronically transmitted to the department and must include

15  the name and address of the person or entity satisfying the

16  lien. When electronic transmission of liens and lien

17  satisfactions are used, the issuance of a certificate of title

18  may be waived until the last lien is satisfied and a clear

19  certificate of title is issued to the owner of the vehicle.

20         (9)  In sending any notice, the department is required

21  to use only the last known address, as shown by its records.

22         Section 3.  Section 317.0015, Florida Statutes, is

23  created to read:

24         317.0015  Application of Law.--Sections 319.235,

25  319.241, 319.25, 319.27, 319.28, and 319.40 apply to all

26  off-highway vehicles that are required to be titled under this

27  chapter.

28         Section 4.  Section 317.0016, Florida Statutes, is

29  created to read:

30         317.0016  Expedited service; applications; fees.--The

31  department shall establish a separate title office that may be

                                  9

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  used by private citizens to receive expedited service on title

 2  transfers, title issuances, duplicate titles, recordation of

 3  liens, and certificates of repossession. A fee of $7 shall be

 4  charged for this service, which is in addition to the fees

 5  imposed by ss. 317.0007 and 317.0008, and $3.50 of this fee

 6  shall be retained by the processing agency. All remaining fees

 7  shall be deposited in the Incidental Trust Fund of the

 8  Division of Forestry of the Department of Agriculture and

 9  Consumer Services. Application for expedited service may be

10  made by mail or in person. The department shall issue each

11  title applied for pursuant to this section within 5 working

12  days after receipt of the application except for an

13  application for a duplicate title certificate covered by s.

14  317.0008(3), in which case the title must be issued within 5

15  working days after compliance with the department's

16  verification requirements.

17         Section 5.  Section 317.0017, Florida Statutes, is

18  created to read:

19         317.0017  Offenses involving vehicle identification

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

21         (1)  A person may not:

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

23  off-highway vehicle or any assignment thereof or any

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

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

26  cancellation knowing that it has been altered or forged.

27         (c)  Procure or attempt to procure a certificate of

28  title to an off-highway vehicle, or pass or attempt to pass a

29  certificate of title or any assignment thereof to an

30  off-highway vehicle, knowing or having reason to believe that

31  the off-highway vehicle has been stolen.

                                  10

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         (d)  Possess, sell or offer for sale, conceal, or

 2  dispose of in this state an off-highway vehicle, or major

 3  component part thereof, on which any motor number or vehicle

 4  identification number affixed by the manufacturer or by a

 5  state agency has been destroyed, removed, covered, altered, or

 6  defaced, with knowledge of such destruction, removal,

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

 8  319.30(4).

 9         (e)  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 under this chapter or in a

12  bill of sale or sworn statement of ownership or otherwise

13  commit a fraud in any application.

14         (2)  A person may not knowingly obtain goods, services,

15  credit, or money by means of an invalid, duplicate,

16  fictitious, forged, counterfeit, stolen, or unlawfully

17  obtained certificate of title, registration, bill of sale, or

18  other indicia of ownership of an off-highway vehicle.

19         (3)  A person may not knowingly obtain goods, services,

20  credit, or money by means of a certificate of title to an

21  off-highway vehicle, which certificate is required by law to

22  be surrendered to the department.

23         (4)  A person may not knowingly and with intent to

24  defraud have in his or her possession, sell, offer to sell,

25  counterfeit, or supply a blank, forged, fictitious,

26  counterfeit, stolen, or fraudulently or unlawfully obtained

27  certificate of title, bill of sale, or other indicia of

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

29  the foregoing.

30         (5)  A person, firm, or corporation may not knowingly

31  possess, manufacture, sell or exchange, offer to sell or

                                  11

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  exchange, supply in blank, or give away any counterfeit

 2  manufacturer's or state-assigned identification number plates

 3  or serial plates or any decal used for the purpose of

 4  identifying an off-highway vehicle. An officer, agent, or

 5  employee of any person, firm, or corporation, or any person

 6  may not authorize, direct, aid in exchange, or give away, or

 7  conspire to authorize, direct, aid in exchange, or give away,

 8  such counterfeit manufacturer's or state-assigned

 9  identification number plates or serial plates or any decal.

10  However, this subsection does not apply to any approved

11  replacement manufacturer's or state-assigned identification

12  number plates or serial plates or any decal issued by the

13  department or any state.

14         (6)  A person who violates any provision of this

15  section commits a felony of the third degree, punishable as

16  provided in s. 775.082, s. 775.083, or s. 775.084. Any

17  off-highway vehicle used in violation of this section

18  constitutes contraband that may be seized by a law enforcement

19  agency and that is subject to forfeiture proceedings pursuant

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

21  other penalties prescribed by any existing or future laws for

22  the larceny or unauthorized taking of off-highway vehicles,

23  but is supplementary thereto.

24         Section 6.  Section 317.0018, Florida Statutes, is

25  created to read:

26         317.0018  Transfer without delivery of certificate;

27  operation or use without certificate; failure to surrender;

28  other violations.--Except as otherwise provided in this

29  chapter, any person who:

30         (1)  Purports to sell or transfer an off-highway

31  vehicle without delivering to the purchaser or transferee of

                                  12

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  the vehicle a certificate of title to the vehicle duly

 2  assigned to the purchaser as provided in this chapter;

 3         (2)  Operates or uses in this state an off-highway

 4  vehicle for which a certificate of title is required without

 5  the certificate having been obtained in accordance with this

 6  chapter, or upon which the certificate of title has been

 7  canceled;

 8         (3)  Fails to surrender a certificate of title upon

 9  cancellation of the certificate by the department and notice

10  thereof as prescribed in this chapter;

11         (4)  Fails to surrender the certificate of title to the

12  department as provided in this chapter in the case of the

13  destruction, dismantling, or change of an off-highway vehicle

14  in such respect that it is not the off-highway vehicle

15  described in the certificate of title; or

16         (5)  Violates any other provision of this chapter or a

17  lawful rule adopted pursuant to this chapter,

18  

19  Shall be fined not more than $500 or imprisoned for not more

20  than 6 months, or both, for each offense.

21         Section 7.  Subsection (6) of section 319.23, Florida

22  Statutes, is amended to read:

23         319.23  Application for, and issuance of, certificate

24  of title.--

25         (6)  In the case of the sale of a motor vehicle or

26  mobile home by a licensed dealer to a general purchaser, the

27  certificate of title shall be obtained in the name of the

28  purchaser by the dealer upon application signed by the

29  purchaser, and in each other case such certificate shall be

30  obtained by the purchaser.  In each case of transfer of a

31  motor vehicle or mobile home, the application for certificate

                                  13

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  of title, or corrected certificate, or assignment or

 2  reassignment, shall be filed within 30 days from the delivery

 3  of such motor vehicle or mobile home to the purchaser.  An

 4  applicant shall be required to pay a fee of $10, in addition

 5  to all other fees and penalties required by law, for failing

 6  to file such application within the specified time.  When a

 7  licensed dealer acquires a motor vehicle or mobile home as a

 8  trade-in, the dealer must file with the department a notice of

 9  sale signed by the seller. The department shall update its

10  database for that title record to indicate "sold". A licensed

11  dealer need not apply for a certificate of title for any motor

12  vehicle or mobile home in stock acquired for stock purposes

13  except as provided in s. 319.225.

14         Section 8.  Section 320.055, Florida Statutes, is

15  amended to read:

16         320.055  Registration periods; renewal periods.--The

17  following registration periods and renewal periods are

18  established:

19         (1)  For a motor vehicle subject to registration under

20  s. 320.08(1), (2), (3), (5)(b), (c), (d), or (f), (6)(a), (7),

21  (8), (9), or (10) and owned by a natural person, the

22  registration period begins the first day of the birth month of

23  the owner and ends the last day of the month immediately

24  preceding the owner's birth month in the succeeding year.  If

25  such vehicle is registered in the name of more than one

26  person, the birth month of the person whose name first appears

27  on the registration shall be used to determine the

28  registration period.  For a vehicle subject to this

29  registration period, the renewal period is the 30-day period

30  ending at midnight on the vehicle owner's date of birth.

31  

                                  14

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         (2)  For a vehicle subject to registration under s.

 2  320.08(11), the registration period begins January 1 and ends

 3  December 31.  For a vehicle subject to this registration

 4  period, the renewal period is the 31-day period prior to

 5  expiration.

 6         (3)  For a vehicle subject to registration under s.

 7  320.08(12), the registration period runs concurrently with the

 8  licensing period.  For a vehicle subject to this registration

 9  period, the renewal period is the first month of the licensing

10  period.

11         (4)  For a vehicle subject to registration under s.

12  320.08(13), for vehicles subject to registration under s.

13  320.08(6)(a) that are short-term rental vehicles, and for any

14  vehicle for which a registration period is not otherwise

15  specified, the registration period begins June 1 and ends May

16  31. For a vehicle subject to this registration period, the

17  renewal period is the 30-day period beginning June 1.

18         (5)  For a vehicle subject to apportioned registration

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

20  registration period shall be a period of 12 months beginning

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

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

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

24  the registration period. The registration period may be

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

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

27  distribute such registrations on a monthly basis. For a

28  vehicle subject to nonapportioned registration under s.

29  320.08(4), (5)(a)1., (6)(b), or (14), the registration period

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

31  the 31-day period beginning December 1.

                                  15

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         (6)  For those vehicles subject to registration under

 2  s. 320.08(6)(a) which are not short-term rental vehicles, the

 3  department shall develop and implement a registration renewal

 4  system that, where practicable, evenly distributes the

 5  registration renewal period throughout the year.  For a

 6  vehicle subject to this registration period, the renewal

 7  period is the first month of the assigned registration period.

 8  Effective January 1, 2004, all original and transfer

 9  transactions of long-term leased motor vehicles must be

10  registered in the name of the lessee.

11         (7)  For those vehicles subject to registration under

12  s. 320.0657, the department shall implement a system that

13  distributes the registration renewal process throughout the

14  year.

15         Section 9.  Subsection (8) is added to section 320.131,

16  Florida Statutes, to read:

17         320.131  Temporary tags.--

18         (8)  The department may administer an electronic system

19  for licensed motor vehicle dealers to use in issuing temporary

20  tags. Upon issuing a temporary tag, the dealer shall access

21  the electronic system and enter the appropriate vehicle and

22  owner information within the timeframe specified by department

23  rule. If a dealer fails to comply with the department's

24  requirements for issuing temporary tags using the electronic

25  system, the department may deny, suspend, or revoke a license

26  issued under s. 320.27(9)(b)16. upon proof that the licensee

27  has failed to comply with this subsection.

28         Section 10.  Paragraph (b) of subsection (9) of section

29  320.27, Florida Statutes, is amended to read:

30         320.27  Motor vehicle dealers.--

31         (9)  DENIAL, SUSPENSION, OR REVOCATION.--

                                  16

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         (b)  The department may deny, suspend, or revoke any

 2  license issued hereunder or under the provisions of s. 320.77

 3  or s. 320.771 upon proof that a licensee has committed, with

 4  sufficient frequency so as to establish a pattern of

 5  wrongdoing on the part of a licensee, violations of one or

 6  more of the following activities:

 7         1.  Representation that a demonstrator is a new motor

 8  vehicle, or the attempt to sell or the sale of a demonstrator

 9  as a new motor vehicle without written notice to the purchaser

10  that the vehicle is a demonstrator. For the purposes of this

11  section, a "demonstrator," a "new motor vehicle," and a "used

12  motor vehicle" shall be defined as under s. 320.60.

13         2.  Unjustifiable refusal to comply with a licensee's

14  responsibility under the terms of the new motor vehicle

15  warranty issued by its respective manufacturer, distributor,

16  or importer. However, if such refusal is at the direction of

17  the manufacturer, distributor, or importer, such refusal shall

18  not be a ground under this section.

19         3.  Misrepresentation or false, deceptive, or

20  misleading statements with regard to the sale or financing of

21  motor vehicles which any motor vehicle dealer has, or causes

22  to have, advertised, printed, displayed, published,

23  distributed, broadcast, televised, or made in any manner with

24  regard to the sale or financing of motor vehicles.

25         4.  Failure by any motor vehicle dealer to provide a

26  customer or purchaser with an odometer disclosure statement

27  and a copy of any bona fide written, executed sales contract

28  or agreement of purchase connected with the purchase of the

29  motor vehicle purchased by the customer or purchaser.

30  

31  

                                  17

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         5.  Failure of any motor vehicle dealer to comply with

 2  the terms of any bona fide written, executed agreement,

 3  pursuant to the sale of a motor vehicle.

 4         6.  Failure to apply for transfer of a title as

 5  prescribed in s. 319.23(6).

 6         7.  Use of the dealer license identification number by

 7  any person other than the licensed dealer or his or her

 8  designee.

 9         8.  Failure to continually meet the requirements of the

10  licensure law.

11         9.  Representation to a customer or any advertisement

12  to the public representing or suggesting that a motor vehicle

13  is a new motor vehicle if such vehicle lawfully cannot be

14  titled in the name of the customer or other member of the

15  public by the seller using a manufacturer's statement of

16  origin as permitted in s. 319.23(1).

17         10.  Requirement by any motor vehicle dealer that a

18  customer or purchaser accept equipment on his or her motor

19  vehicle which was not ordered by the customer or purchaser.

20         11.  Requirement by any motor vehicle dealer that any

21  customer or purchaser finance a motor vehicle with a specific

22  financial institution or company.

23         12.  Requirement by any motor vehicle dealer that the

24  purchaser of a motor vehicle contract with the dealer for

25  physical damage insurance.

26         13.  Perpetration of a fraud upon any person as a

27  result of dealing in motor vehicles, including, without

28  limitation, the misrepresentation to any person by the

29  licensee of the licensee's relationship to any manufacturer,

30  importer, or distributor.

31  

                                  18

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         14.  Violation of any of the provisions of s. 319.35 by

 2  any motor vehicle dealer.

 3         15.  Sale by a motor vehicle dealer of a vehicle

 4  offered in trade by a customer prior to consummation of the

 5  sale, exchange, or transfer of a newly acquired vehicle to the

 6  customer, unless the customer provides written authorization

 7  for the sale of the trade-in vehicle prior to delivery of the

 8  newly acquired vehicle.

 9         16.  Willful failure to comply with any administrative

10  rule adopted by the department or s. 320.131(8).

11         17.  Violation of chapter 319, this chapter, or ss.

12  559.901-559.9221, which has to do with dealing in or repairing

13  motor vehicles or mobile homes. Additionally, in the case of

14  used motor vehicles, the willful violation of the federal law

15  and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining

16  to the consumer sales window form.

17         Section 11.  Paragraph (a) of subsection (1) and

18  paragraphs (b) and (c) of subsection (2) of section 322.051,

19  Florida Statutes, are amended, and subsection (8) is added to

20  that section, to read:

21         322.051  Identification cards.--

22         (1)  Any person who is 12 years of age or older, or any

23  person who has a disability, regardless of age, who applies

24  for a disabled parking permit under s. 320.0848, may be issued

25  an identification card by the department upon completion of an

26  application and payment of an application fee.

27         (a)  Each such application shall include the following

28  information regarding the applicant:

29         1.  Full name (first, middle or maiden, and last),

30  gender, social security card number, county of residence and

31  mailing address, country of birth, and a brief description.

                                  19

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         2.  Proof of birth date satisfactory to the department.

 2         3.  Proof of identity satisfactory to the department.

 3  Such proof must include one of the following documents issued

 4  to the applicant:

 5         a.  A driver's license record or identification card

 6  record from another jurisdiction that required the applicant

 7  to submit a document for identification which is substantially

 8  similar to a document required under sub-subparagraph b.,

 9  sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,

10  or sub-subparagraph f., or sub-subparagraph g.;

11         b.  A certified copy of a United States birth

12  certificate;

13         c.  A valid United States passport;

14         d.  A naturalization certificate issued by the United

15  States Department of Justice;

16         e.d.  An alien registration receipt card (green card);

17         f.e.  An employment authorization card issued by the

18  United States Department of Justice; or

19         g.f.  Proof of nonimmigrant classification provided by

20  the United States Department of Justice, for an original

21  identification card. In order to prove such nonimmigrant

22  classification, applicants may produce but are not limited to

23  the following documents:

24         (I)  A notice of hearing from an immigration court

25  scheduling a hearing on any proceeding.

26         (II)  A notice from the Board of Immigration Appeals

27  acknowledging pendency of an appeal.

28         (III)  Notice of the approval of an application for

29  adjustment of status issued by the United States Immigration

30  and Naturalization Service.

31  

                                  20

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         (IV)  Any official documentation confirming the filing

 2  of a petition for asylum status or any other relief issued by

 3  the United States Immigration and Naturalization Service.

 4         (V)  Notice of action transferring any pending matter

 5  from another jurisdiction to Florida, issued by the United

 6  States Immigration and Naturalization Service.

 7         (VI)  Order of an immigration judge or immigration

 8  officer granting any relief that authorizes the alien to live

 9  and work in the United States including, but not limited to

10  asylum.

11  

12  Presentation of any of the foregoing documents in

13  sub-subparagraph f. or sub-subparagraph g. entitles shall

14  entitle the applicant to an identification card a driver's

15  license or temporary permit for a period not to exceed the

16  expiration date of the document presented or 2 years,

17  whichever first occurs.

18         (2)

19         (b)  Notwithstanding any other provision of this

20  chapter, if an applicant establishes his or her identity for

21  an identification card using a document authorized under

22  sub-subparagraph (1)(a)3.e. (a)3.d., the identification card

23  shall expire on the fourth birthday of the applicant following

24  the date of original issue or upon first renewal or duplicate

25  issued after implementation of this section. After an initial

26  showing of such documentation, he or she is exempted from

27  having to renew or obtain a duplicate in person.

28         (c)  Notwithstanding any other provisions of this

29  chapter, if an applicant establishes his or her identity for

30  an identification card using an identification document

31  authorized under sub-subparagraph (1)(a)3.f. or

                                  21

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  sub-subparagraph (1)(a)3.g. sub-subparagraphs (a)3.e.-f., the

 2  identification card shall expire 2 4 years after the date of

 3  issuance or upon the expiration date cited on the United

 4  States Department of Justice documents, whichever date first

 5  occurs, and may not be renewed or obtain a duplicate except in

 6  person.

 7         (8)  The department shall, upon receipt of the required

 8  fee, issue to each qualified applicant for an identification

 9  card a color photographic or digital image identification card

10  bearing a fullface photograph or digital image of the

11  identification cardholder. Notwithstanding chapter 761 or s.

12  761.05, the requirement for a fullface photograph or digital

13  image of the identification cardholder shall not be waived. A

14  space shall be provided upon which the identification

15  cardholder shall affix his or her usual signature, as required

16  in s. 322.14, in the presence of an authorized agent of the

17  department so as to ensure that such signature becomes a part

18  of the identification card.

19         Section 12.  Subsection (2) of section 322.08, Florida

20  Statutes, is amended to read:

21         322.08  Application for license.--

22         (2)  Each such application shall include the following

23  information regarding the applicant:

24         (a)  Full name (first, middle or maiden, and last),

25  gender, social security card number, county of residence and

26  mailing address, country of birth, and a brief description.

27         (b)  Proof of birth date satisfactory to the

28  department.

29         (c)  Proof of identity satisfactory to the department.

30  Such proof must include one of the following documents issued

31  to the applicant:

                                  22

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         1.  A driver's license record or identification card

 2  record from another jurisdiction that required the applicant

 3  to submit a document for identification which is substantially

 4  similar to a document required under subparagraph 2.,

 5  subparagraph 3., subparagraph 4., subparagraph 5., or

 6  subparagraph 6., or subparagraph 7.;

 7         2.  A certified copy of a United States birth

 8  certificate;

 9         3.  A valid United States passport;

10         4.  A naturalization certificate issued by the United

11  States Department of Justice;

12         5.4.  An alien registration receipt card (green card);

13         6.5.  An employment authorization card issued by the

14  United States Department of Justice; or

15         7.6.  Proof of nonimmigrant classification provided by

16  the United States Department of Justice, for an original

17  driver's license. In order to prove nonimmigrant

18  classification, an applicant may produce the following

19  documents, including, but not limited to:

20         a.  A notice of hearing from an immigration court

21  scheduling a hearing on any proceeding.

22         b.  A notice from the Board of Immigration Appeals

23  acknowledging pendency of an appeal.

24         c.  A notice of the approval of an application for

25  adjustment of status issued by the United States Immigration

26  and Naturalization Service.

27         d.  Any official documentation confirming the filing of

28  a petition for asylum status or any other relief issued by the

29  United States Immigration and Naturalization Service.

30  

31  

                                  23

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         e.  A notice of action transferring any pending matter

 2  from another jurisdiction to this state issued by the United

 3  States Immigration and Naturalization Service.

 4         f.  An order of an immigration judge or immigration

 5  officer granting any relief that authorizes the alien to live

 6  and work in the United States, including, but not limited to,

 7  asylum.

 8  

 9  Presentation of any of the documents in subparagraph 6. or

10  subparagraph 7. entitles the applicant to a driver's license

11  or temporary permit for a period not to exceed the expiration

12  date of the document presented or 2 years, whichever occurs

13  first.

14         (d)  Whether the applicant has previously been licensed

15  to drive, and, if so, when and by what state, and whether any

16  such license or driving privilege has ever been disqualified,

17  revoked, or suspended, or whether an application has ever been

18  refused, and, if so, the date of and reason for such

19  disqualification, suspension, revocation, or refusal.

20         (e)  Each such application may include fingerprints and

21  other unique biometric means of identity.

22         Section 13.  Paragraph (b) of subsection (2) of section

23  322.12, Florida Statutes, is amended to read:

24         322.12  Examination of applicants.--

25         (2)  The department shall examine every applicant for a

26  driver's license, including an applicant who is licensed in

27  another state or country, except as otherwise provided in this

28  chapter. A person who holds a learner's driver's license as

29  provided for in s. 322.1615 is not required to pay a fee for

30  successfully completing the examination showing his or her

31  ability to operate a motor vehicle as provided for herein and

                                  24

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  need not pay the fee for a replacement license as provided in

 2  s. 322.17(2).  Any person who applies for reinstatement

 3  following the suspension or revocation of his or her driver's

 4  license shall pay a service fee of $25 following a suspension,

 5  and $50 following a revocation, which is in addition to the

 6  fee for a license. Any person who applies for reinstatement of

 7  a commercial driver's license following the disqualification

 8  of his or her privilege to operate a commercial motor vehicle

 9  shall pay a service fee of $50, which is in addition to the

10  fee for a license.  The department shall collect all of these

11  fees at the time of reinstatement.  The department shall issue

12  proper receipts for such fees and shall promptly transmit all

13  funds received by it as follows:

14         (b)  Of the $50 fee received from a licensee for

15  reinstatement following a revocation or disqualification, the

16  department shall deposit $35 in the General Revenue Fund and

17  the remaining $15 in the Highway Safety Operating Trust Fund.

18  

19  If the revocation or suspension of the driver's license was

20  for a violation of s. 316.193, or for refusal to submit to a

21  lawful breath, blood, or urine test, an additional fee of $115

22  $105 must be charged. However, only one such $115 $105 fee is

23  to be collected from one person convicted of such violations

24  arising out of the same incident. The department shall collect

25  the $115 $105 fee and deposit $105 it into the Highway Safety

26  Operating Trust Fund and $10 into the Department of Highway

27  Safety and Motor Vehicles Law Enforcement Trust Fund. The

28  department shall collect the fee at the time of reinstatement

29  of the person's driver's license, but the fee must not be

30  collected if the suspension or revocation was overturned.

31  

                                  25

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         Section 14.  Subsection (1) of section 322.142, Florida

 2  Statutes, is amended to read:

 3         322.142  Color photographic or digital imaged

 4  licenses.--

 5         (1)  The department shall, upon receipt of the required

 6  fee, issue to each qualified applicant for a an original

 7  driver's license a color photographic or digital imaged

 8  driver's license bearing a fullface photograph or digital

 9  image of the licensee. Notwithstanding chapter 761 or s.

10  761.05, the requirement for a fullface photograph or digital

11  image of the licensee shall not be waived. A space shall be

12  provided upon which the licensee shall affix his or her usual

13  signature, as required in s. 322.14, in the presence of an

14  authorized agent of the department so as to ensure that such

15  signature becomes a part of the license.

16         Section 15.  Subsection (3) of section 322.17, Florida

17  Statutes, is amended to read:

18         322.17  Duplicate and replacement certificates.--

19         (3)  Notwithstanding any other provisions of this

20  chapter, if a licensee establishes his or her identity for a

21  driver's license using an identification document authorized

22  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the

23  licensee may not obtain a duplicate or replacement instruction

24  permit or driver's license except in person and upon

25  submission of an identification document authorized under s.

26  322.08(2)(c)6. or 7 s. 322.08(2)(c)5.-6.

27         Section 16.  Subsections (2) and (4) of section 322.18,

28  Florida Statutes, are amended to read:

29         322.18  Original applications, licenses, and renewals;

30  expiration of licenses; delinquent licenses.--

31  

                                  26

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         (2)  Each applicant who is entitled to the issuance of

 2  a driver's license, as provided in this section, shall be

 3  issued a driver's license, as follows:

 4         (a)  An applicant applying for an original issuance

 5  shall be issued a driver's license which expires at midnight

 6  on the licensee's birthday which next occurs on or after the

 7  sixth anniversary of the date of issue.

 8         (b)  An applicant applying for a renewal issuance or

 9  renewal extension shall be issued a driver's license or

10  renewal extension sticker which expires at midnight on the

11  licensee's birthday which next occurs 4 years after the month

12  of expiration of the license being renewed, except that a

13  driver whose driving record reflects no convictions for the

14  preceding 3 years shall be issued a driver's license or

15  renewal extension sticker which expires at midnight on the

16  licensee's birthday which next occurs 6 years after the month

17  of expiration of the license being renewed.

18         (c)  Notwithstanding any other provision of this

19  chapter, if an applicant establishes his or her identity for a

20  driver's license using a document authorized under s.

21  322.08(2)(c)5. s. 322.08(2)(c)4., the driver's license shall

22  expire in accordance with paragraph (b). After an initial

23  showing of such documentation, he or she is exempted from

24  having to renew or obtain a duplicate in person.

25         (d)  Notwithstanding any other provision of this

26  chapter, if applicant establishes his or her identity for a

27  driver's license using a document authorized in s.

28  322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the driver's

29  license shall expire 2 4 years after the date of issuance or

30  upon the expiration date cited on the United States Department

31  of Justice documents, whichever date first occurs.

                                  27

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1         (4)(a)  Except as otherwise provided in this chapter,

 2  all licenses shall be renewable every 4 years or 6 years,

 3  depending upon the terms of issuance and shall be issued or

 4  extended upon application, payment of the fees required by s.

 5  322.21, and successful passage of any required examination,

 6  unless the department has reason to believe that the licensee

 7  is no longer qualified to receive a license.

 8         (b)  Notwithstanding any other provision of this

 9  chapter, if an applicant establishes his or her identity for a

10  driver's license using a document authorized under s.

11  322.08(2)(c)5. s. 322.08(2)(c)4., the license, upon an initial

12  showing of such documentation, is exempted from having to

13  renew or obtain a duplicate in person, unless the renewal or

14  duplication coincides with the periodic reexamination of a

15  driver as required pursuant to s. 322.121.

16         (c)  Notwithstanding any other provision of this

17  chapter, if a licensee establishes his or her identity for a

18  driver's license using an identification document authorized

19  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the

20  licensee may not renew the driver's license except in person

21  and upon submission of an identification document authorized

22  under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's

23  license renewed under this paragraph expires 4 years after the

24  date of issuance or upon the expiration date cited on the

25  United States Department of Justice documents, whichever date

26  first occurs.

27         Section 17.  Subsection (4) of section 322.19, Florida

28  Statutes, is amended to read:

29         322.19  Change of address or name.--

30         (4)  Notwithstanding any other provision of this

31  chapter, if a licensee established his or her identity for a

                                  28

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  driver's license using an identification document authorized

 2  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the

 3  licensee may not change his or her name or address except in

 4  person and upon submission of an identification document

 5  authorized under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.

 6         Section 18.  Paragraphs (c) and (f) of subsection (13)

 7  of section 713.78, Florida Statutes, are amended to read:

 8         713.78  Liens for recovering, towing, or storing

 9  vehicles and vessels.--

10         (13)

11         (c)1.  The registered owner of a vehicle, vessel, or

12  mobile home may dispute a wrecker operator's lien, by

13  notifying the department of the dispute in writing on forms

14  provided by the department, if at least one of the following

15  applies:

16         a.  The registered owner presents a notarized bill of

17  sale proving that the vehicle, vessel, or mobile home was sold

18  in a private or casual sale before the vehicle, vessel, or

19  mobile home was recovered, towed, or stored.

20         b.  The registered owner presents proof that the

21  Florida certificate of title of the vehicle, vessel, or mobile

22  home was sold to a licensed dealer as defined in s. 319.001

23  before the vehicle, vessel, or mobile home was recovered,

24  towed, or stored.

25         c.  The records of the department were marked sold

26  prior to the issuance of the certificate of destruction

27  authorized under subsection (11).

28  

29  If the registered owner's dispute of a wrecker operator's lien

30  complies with one of these criteria, the department shall

31  immediately remove the registered owner's name from the list

                                  29

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  of those persons who may not be issued a license plate or

 2  revalidation sticker for any motor vehicle under s. 320.03(8),

 3  thereby allowing issuance of a license plate or revalidation

 4  sticker. If the vehicle, vessel, or mobile home is owned

 5  jointly by more than one person, each registered owner must

 6  dispute the wrecker operator's lien in order to be removed

 7  from the list. However, the department shall deny any dispute

 8  and maintain the registered owner's name on the list of those

 9  persons who may not be issued a license plate or revalidation

10  sticker for any motor vehicle under s. 320.03(8) if the

11  wrecker operator has provided the department with a certified

12  copy of the judgment of a court which orders the registered

13  owner to pay the wrecker operator's lien claimed under this

14  section. In such a case, the amount of the wrecker operator's

15  lien allowed by paragraph (b) may be increased to include no

16  more than $500 of the reasonable costs and attorney's fees

17  incurred in obtaining the judgment. The department's action

18  under this subparagraph is ministerial in nature, shall not be

19  considered final agency action, and is appealable only to the

20  county court for the county in which the vehicle, vessel, or

21  mobile home was ordered removed.

22         2.  A person against whom a wrecker operator's lien has

23  been imposed may alternatively obtain a discharge of the lien

24  by filing a complaint, challenging the validity of the lien or

25  the amount thereof, in the county court of the county in which

26  the vehicle, vessel, or mobile home was ordered removed. Upon

27  filing of the complaint, the person may have her or his name

28  removed from the list of those persons who may not be issued a

29  license plate or revalidation sticker for any motor vehicle

30  under s. 320.03(8), thereby allowing issuance of a license

31  plate or revalidation sticker, upon posting with the court a

                                  30

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  cash or surety bond or other adequate security equal to the

 2  amount of the wrecker operator's lien to ensure the payment of

 3  such lien in the event she or he does not prevail. Upon the

 4  posting of the bond and the payment of the applicable fee set

 5  forth in s. 28.24, the clerk of the court shall issue a

 6  certificate notifying the department of the posting of the

 7  bond and directing the department to release the wrecker

 8  operator's lien. Upon determining the respective rights of the

 9  parties, the court may award damages and costs in favor of the

10  prevailing party.

11         3.  If a person against whom a wrecker operator's lien

12  has been imposed does not object to the lien, but cannot

13  discharge the lien by payment because the wrecker operator has

14  moved or gone out of business, the person may have her or his

15  name removed from the list of those persons who may not be

16  issued a license plate or revalidation sticker for any motor

17  vehicle under s. 320.03(8), thereby allowing issuance of a

18  license plate or revalidation sticker, upon posting with the

19  clerk of court in the county in which the vehicle, vessel, or

20  mobile home was ordered removed, a cash or surety bond or

21  other adequate security equal to the amount of the wrecker

22  operator's lien. Upon the posting of the bond and the payment

23  of the application fee set forth in s. 28.24, the clerk of the

24  court shall issue a certificate notifying the department of

25  the posting of the bond and directing the department to

26  release the wrecker operator's lien. The department shall mail

27  to the wrecker operator, at the address upon the lien form,

28  notice that the wrecker operator must claim the security

29  within 60 days, or the security will be released back to the

30  person who posted it. At the conclusion of the 60 days, the

31  department shall direct the clerk as to which party is

                                  31

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






    Florida Senate - 2003                           CS for SB 1168
    306-1916-03




 1  entitled to payment of the security, less applicable clerk's

 2  fees.

 3         4.  A wrecker operator's lien expires 5 years after

 4  filing.

 5         (f)  This subsection applies only to the annual renewal

 6  in the registered owner's birth month of a motor vehicle

 7  registration and does not apply to the transfer of a

 8  registration of a motor vehicle sold by a motor vehicle dealer

 9  licensed under chapter 320, except for the transfer of

10  registrations which is inclusive of the annual renewals. This

11  subsection does not apply to any vehicle registered in the

12  name of the lessor. This subsection does not affect the

13  issuance of the title to a motor vehicle, notwithstanding s.

14  319.23(7)(b).

15         Section 19.  This act shall take effect upon becoming a

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1168

20                                 

21  The CS amends s. 320.055, F.S., providing registration for
    long-term lease vehicles must be in the name of the lessee.
22  The CS further clarifies under what circumstances a person is
    issued a 2-year driver's license.
23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  32

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