HB 1229 2003
1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 316.6105,
3	F.S.; revising procedures for disposition of a citation
4	for operation of a motor vehicle in unsafe condition or
5	without required equipment; providing for an enforcement
6	officer of the Florida Highway Patrol to verify correction
7	and execute the affidavit-of-compliance form; authorizing
8	the Department of Highway Safety and Motor Vehicles to
9	designate areas within current facilities for inspection
10	and collection of a fee under specified procedures;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 316.6105, Florida Statutes, is amended
16	to read:
17	316.6105 Violations involving operation of motor vehicle
18	in unsafe condition or without required equipment; procedure for
19	disposition.--
20	(1) In the event that a law enforcement officer issues a
21	traffic citation for a violation of s. 316.2935 or for the
22	operation of a motor vehicle which is in an unsafe condition or
23	which is not properly equipped as required pursuant to s.
24	316.610, the law enforcement officer shall also issue an
25	affidavit-of-compliance form.
26	(2) The person to whom the citation has been issued may
27	mitigate the civil penalty by making the necessary repair and
28	presenting the vehicle to any local police department or
29	sheriff's department or an enforcement officer of the Florida
30	Highway Patrolin this state for inspection within 30 days after
31	the issuance of the citation. The Department of Highway Safety
32	and Motor Vehicles may designate areas within current facilities
33	for inspection and collection of the fee under the procedures
34	provided in subsection (3).
35	(3) The police or sheriff's department shall make
36	available a person or persons to confirm that the defect has
37	been corrected. If the correction has been made, such employee
38	or enforcement officer of the Florida Highway Patrolshall
39	execute the affidavit-of-compliance form in a manner established
40	by the Department of Highway Safety and Motor Vehicles and
41	return it to the person who received the citation. The person
42	who received the citation shall, upon receipt of the executed
43	affidavit of compliance, pay the appropriate fine to the law
44	enforcement agency pursuant to s. 318.18(2)(c) thereby
45	completing the affidavit of compliance. The affidavit of
46	compliance shall not be construed by the courts as a warranty of
47	the mechanical condition of the motor vehicle. Neither the
48	person who confirms that a defect has been corrected nor the
49	department by which he or she is employed shall be liable in
50	damages for any defect, failure, or improper functioning of any
51	item of equipment on such motor vehicle.
52	Section 2. This act shall take effect July 1, 2003.