Bill Text: HB 1415

HB 1415

2003

A bill to be entitled

An act relating to motor vehicles; amending s. 316.605,

F.S.; revising requirements for placement of license

plates on certain vehicles; amending s. 317.0008, F.S.;

deleting a provision for expedited service for a duplicate

certificate of title to off-highway vehicles and a charge

therefor; creating s. 317.0014, F.S.; providing for

issuance by the Department of Highway Safety and Motor

Vehicles of certificates of title to off-highway vehicles

in duplicate; providing for delivery to the owner;

providing for delivery to a lienholder; requiring notice

to all parties in certain conflict; providing procedures

and timeframes for resolving conflict; providing for

retention of certificate by certain lienholder; providing

for subsequent encumbrance; providing for satisfaction of

lien; providing for issuance of duplicate certificate;

limiting notification responsibility of the department;

creating s. 317.0015, F.S.; limiting application of

titling requirements; creating s. 317.0016, F.S.;

providing for expedited service on described title

transactions; providing fee for such service; creating s.

317.0017, F.S.; prohibiting described acts involving

vehicle identification numbers, applications, certificates

of title, and papers in relation to off-highway vehicles;

providing penalties; creating s. 317.0018, F.S.;

prohibiting transfer without delivery of certificate,

operation or use without certificate, and failure to

surrender off-highway vehicle certificates under described

circumstances; providing penalties; amending s. 319.23,

F.S.; requiring certain dealers to report taking of motor

vehicle or mobile home in trade; requiring the Department

of Highway Safety and Motor Vehicles to update certain

records; amending s. 320.0605, F.S.; exempting certain

vehicles from specified requirement to possess and exhibit

certificate of registration of motor vehicle; amending s.

320.0706, F.S.; providing for display of license plate on

wreckers; amending s. 320.0821, F.S.; providing for

issuance and display of wrecker license plates; amending

s. 320.27, F.S.; providing period of time motor vehicle

dealers are to maintain records of described transactions;

amending s. 322.051, F.S.; increasing the fee for

application, renewal, and duplication of identification

cards; amending s. 322.12, F.S.; providing fees for

certain second or subsequent examinations of specified

applicants; revising language relating to fees for

application for reinstatement of suspended or revoked

licenses; amending s. 322.17, F.S.; revising language

relating to replacement of a license due to a change of

address; removing the requirement that a request for such

replacement be in writing; removing a requirement

regarding placement of an address sticker; amending s.

322.21, F.S., relating to license fees and procedures for

collection and disposition of the fees; providing for

exceptions to those procedures; revising language relating

to fees for application for reinstatement of suspended or

revoked licenses; providing a fee for requesting certain

hearings; providing for deposit of moneys collected into

the General Revenue Fund and the Highway Safety Operating

Trust Fund; requiring that persons convicted of certain

offenses of driving under the influence maintain a

noncancelable motor vehicle liability policy for a

specified period following license reinstatement;

requiring periodic proof of financial responsibility and

renewal of vehicle registration; requiring that the

Department of Highway Safety and Motor Vehicles issue a

vehicle registration certificate and validation sticker

displaying the date of expiration; amending s. 713.78,

F.S., relating to liens for recovering, towing, or storing

vehicles and vessels; providing that the registered owner

of a vehicle, vessel, or mobile home may dispute a certain

wrecker operator's lien when records of the department

were marked sold prior to the issuance of the certificate

of destruction; providing that specified procedures shall

not apply to any vehicle registered in the name of a

lessor; providing an effective date.

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

Section 1. Subsection (1) of section 316.605, Florida

Statutes, is amended to read:

316.605 Licensing of vehicles.--

(1) Every vehicle, at all times while driven, stopped, or

parked upon any highways, roads, or streets of this state, shall

be licensed in the name of the owner thereof in accordance with

the laws of this state unless such vehicle is not required by

the laws of this state to be licensed in this state and shall,

except as otherwise provided in s. 320.0706 for front-end

registration license plates on truck tractors or wreckers,

display the license plate or both of the license plates assigned

to it by the state, one on the rear and, if two, the other on

the front of the vehicle, each to be securely fastened to the

vehicle outside the main body of the vehicle in such manner as

to prevent the plates from swinging, with all letters, numerals,

printing, writing, and other identification marks upon the

plates clear and distinct and free from defacement, mutilation,

grease, and other obscuring matter, so that they will be plainly

visible and legible at all times 100 feet from the rear or

front. Further, when only one registration plate is issued for a

motor vehicle and this motor vehicle has a mechanical loading

100

device that may damage the plate, the plate may be attached to

101

the front of the vehicle.Nothing shall be placed upon the face

102

of a Florida plate except as permitted by law or by rule or

103

regulation of a governmental agency. No license plates other

104

than those furnished by the state shall be used. However, if the

105

vehicle is not required to be licensed in this state, the

106

license plates on such vehicle issued by another state, by a

107

territory, possession, or district of the United States, or by a

108

foreign country, substantially complying with the provisions

109

hereof, shall be considered as complying with this chapter.

110

Government license plates that are issued to any truck tractor

111

or heavy truck owned by a government entity with a GVWR of

112

26,001 or more may be placed on the front of the vehicle and

113

shall be considered as complying with this chapter.A violation

114

of this subsection is a noncriminal traffic infraction,

115

punishable as a nonmoving violation as provided in chapter 318.

116

Section 2. Section 317.0008, Florida Statutes, is amended

117

to read:

118

317.0008 Duplicate certificate of title.--

119

(1) The department may issue a duplicate certificate of

120

title upon application by the person entitled to hold such a

121

certificate if the department is satisfied that the original

122

certificate has been lost, destroyed, or mutilated. A fee of $15

123

shall be charged for issuing a duplicate certificate.

124

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

125

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

126

~~duplicate certificate of title. Application for such expedited~~

127

~~service may be made by mail or in person. The department shall~~

128

~~issue each certificate of title applied for under this~~

129

~~subsection within 5 working days after receipt of a proper~~

130

~~application or shall refund the additional $7 fee upon written~~

131

~~request by the applicant.~~

132

(2)~~(3)~~If, following the issuance of an original,

133

duplicate, or corrected certificate of title by the department,

134

the certificate is lost in transit and is not delivered to the

135

addressee, the owner of the off-highway vehicle or the holder of

136

a lien thereon may, within 180 days after the date of issuance

137

of the certificate, apply to the department for reissuance of

138

the certificate. An additional fee may not be charged for

139

reissuance under this subsection.

140

(3)~~(4)~~The department shall implement a system to verify

141

that the application is signed by a person authorized to receive

142

a duplicate certificate of title under this section if the

143

address shown on the application is different from the address

144

shown for the applicant on the records of the department.

145

Section 3. Section 317.0014, Florida Statutes, is created

146

to read:

147

317.0014 Issuance in duplicate; delivery; liens and

148

encumbrances.--

149

(1) The department shall assign a number to each

150

certificate of title and shall issue each certificate of title

151

and each corrected certificate in duplicate. The database record

152

shall serve as the duplicate title certificate required herein.

153

One printed copy may be retained on file by the department.

154

(2) A duly authorized person shall sign the original

155

certificate of title and each corrected certificate and, if

156

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

157

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

158

application, shall deliver the certificate to the applicant or

159

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

160

or attorney submitting such application. If there are one or

161

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

162

certificate shall be delivered by the department to the first

163

lienholder as shown by department records or to the owner as

164

indicated in the notice of lien filed by the first lienholder.

165

If the notice of lien filed by the first lienholder indicates

166

that the certificate should be delivered to the first

167

lienholder, the department shall deliver to the first

168

lienholder, along with the certificate, a form to be

169

subsequently used by the lienholder as a satisfaction. If the

170

notice of lien filed by the first lienholder directs the

171

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

172

delivery of the certificate of title by the department to the

173

owner, the department shall deliver to the first lienholder

174

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

175

the certificate of title was issued to the owner at the owner's

176

address shown on the notice of lien and a form to be

177

subsequently used by the lienholder as a satisfaction. If the

178

application for certificate shows the name of a first lienholder

179

different from the name of the first lienholder as shown by the

180

records of the department, the certificate shall not be issued

181

to any person until after all parties who appear to hold a lien

182

and the applicant for the certificate have been notified of the

183

conflict in writing by the department by certified mail. If the

184

parties do not amicably resolve the conflict within 10 days

185

after the date such notice was mailed, then the department shall

186

serve notice in writing by certified mail on all persons

187

appearing to hold liens on that particular vehicle, including

188

the applicant for the certificate, to show cause within 15 days

189

after the date the notice is mailed why it should not issue and

190

deliver the certificate to the person indicated in the notice of

191

lien filed by the lienholder whose name appears in the

192

application as the first lienholder without showing any lien or

193

liens as outstanding other than those appearing in the

194

application or those which may have been filed subsequent to the

195

filing of the application for the certificate. If, within the

196

15-day period, any person other than the lienholder shown in the

197

application or a party filing a subsequent lien, in answer to

198

such notice to show cause, appears in person or by a

199

representative, or responds in writing, and files a written

200

statement under oath that his or her lien on that particular

201

vehicle is still outstanding, the department shall not issue the

202

certificate to anyone until after such conflict has been settled

203

by the lien claimants involved or by a court of competent

204

jurisdiction. If the conflict is not settled amicably within 10

205

days after the final date for filing an answer to the notice to

206

show cause, the complaining party shall have 10 days to obtain a

207

ruling, or a stay order, from a court of competent jurisdiction.

208

If no ruling or stay order is issued and served on the

209

department within the 10-day period, the department shall issue

210

the certificate showing no liens except those shown in the

211

application or thereafter filed to the original applicant if

212

there are no liens shown in the application and none are

213

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

214

lien filed by the lienholder whose name appears in the

215

application as the first lienholder if there are liens shown in

216

the application or thereafter filed. A duplicate certificate or

217

corrected certificate shall only show such lien or liens as were

218

shown in the application and subsequently filed liens that may

219

be outstanding.

220

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

221

of title shall be retained by the first lienholder or the owner

222

as indicated in the notice of lien filed by the first

223

lienholder. If the first lienholder is in possession of the

224

certificate, the first lienholder shall be entitled to retain

225

the certificate until the first lien is satisfied.

226

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

227

certificate, desires to place a second or subsequent lien or

228

encumbrance against the vehicle when the title certificate is in

229

the possession of the first lienholder, the owner shall send a

230

written request to the first lienholder by certified mail, and

231

such first lienholder shall forward the certificate to the

232

department for endorsement. If the title certificate is in the

233

possession of the owner, the owner shall forward the certificate

234

to the department for endorsement. The department shall return

235

the certificate to either the first lienholder or to the owner,

236

as indicated in the notice of lien filed by the first

237

lienholder, after endorsing the second or subsequent lien on the

238

certificate and on the duplicate. If the first lienholder or

239

owner fails, neglects, or refuses to forward the certificate of

240

title to the department within 10 days after the date of the

241

owner's request, the department, on the written request of the

242

subsequent lienholder or an assignee thereof, shall demand of

243

the first lienholder the return of such certificate for the

244

notation of the second or subsequent lien or encumbrance.

245

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

246

recorded at the department, the owner of the vehicle, as shown

247

on the title certificate, or the person satisfying the lien

248

shall be entitled to demand and receive from the lienholder a

249

satisfaction of the lien. If the lienholder, upon satisfaction

250

of the lien and upon demand, fails or refuses to furnish a

251

satisfaction thereof within 30 days after demand, he or she

252

shall be held liable for all costs, damages, and expenses,

253

including reasonable attorney's fees, lawfully incurred by the

254

titled owner or person satisfying the lien in any suit brought

255

in this state for cancellation of the lien. The lienholder

256

receiving final payment as defined in s. 674.215 shall mail or

257

otherwise deliver a lien satisfaction and the certificate of

258

title indicating the satisfaction within 10 working days after

259

receipt of such final payment or notify the person satisfying

260

the lien that the title is not available within 10 working days

261

after receipt of such final payment. If the lienholder is unable

262

to provide the certificate of title and notifies the person of

263

such, the lienholder shall provide a lien satisfaction and shall

264

be responsible for the cost of a duplicate title, including fast

265

title charges as provided in s. 317.0016. The provisions of this

266

paragraph shall not apply to electronic transactions pursuant to

267

subsection (8).

268

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

269

enter a satisfaction thereof in the space provided on the face

270

of the certificate of title. If the certificate of title was

271

retained by the owner, the owner shall, within 5 days after the

272

satisfaction of a lien, deliver the certificate of title to the

273

lienholder and the lienholder shall enter a satisfaction thereof

274

in the space provided on the face of the certificate of title.

275

If there are no subsequent liens shown thereon, the certificate

276

shall be delivered by the lienholder to the person satisfying

277

the lien or encumbrance and an executed satisfaction on a form

278

provided by the department shall be forwarded to the department

279

by the lienholder within 10 days after satisfaction of the lien.

280

281

not then being discharged, an executed satisfaction of the first

282

lien shall be delivered by the lienholder to the person

283

satisfying the lien and the certificate of title showing

284

satisfaction of the first lien shall be forwarded by the

285

lienholder to the department within 10 days after satisfaction

286

of the lien.

287

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

288

satisfaction of the first lien, the department determines from

289

its records that there are no subsequent liens or encumbrances

290

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

291

shown on the face of the title, a corrected certificate showing

292

no liens or encumbrances. If there is a subsequent lien not

293

being discharged, the certificate of title shall be reissued

294

showing the second or subsequent lienholder as the first

295

lienholder and shall be delivered to either the new first

296

lienholder or to the owner as indicated in the notice of lien

297

filed by the new first lienholder. If the certificate of title

298

is to be retained by the first lienholder on the reissued

299

certificate, the first lienholder shall be entitled to retain

300

the certificate of title except as provided in subsection (4)

301

until his or her lien is satisfied. Upon satisfaction of the

302

lien, the lienholder shall be subject to the procedures required

303

of a first lienholder by subsection (4) and this subsection.

304

(6) When the original certificate of title cannot be

305

returned to the department by the lienholder and evidence

306

satisfactory to the department is produced that all liens or

307

encumbrances have been satisfied, upon application by the owner

308

for a duplicate copy of the certificate on the form prescribed

309

by the department and accompanied by the fee prescribed in this

310

chapter, a duplicate copy of the certificate of title, without

311

statement of liens or encumbrances, shall be issued by the

312

department and delivered to the owner.

313

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

314

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

315

certificate of title to the department as required by subsection

316

(4) or who, upon satisfaction of a lien, fails within 10 days

317

after receipt of such demand to forward the appropriate document

318

to the department as required by paragraph (5)(b) or paragraph

319

(5)(c) commits a misdemeanor of the second degree, punishable as

320

provided in s. 775.082 or s. 775.073.

321

(8) Notwithstanding any requirements in this section or in

322

s. 319.27 indicating that a lien on a vehicle shall be noted on

323

the face of the Florida certificate of title, if there are one

324

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

325

department may electronically transmit the lien to the first

326

lienholder and notify the first lienholder of any additional

327

liens. Subsequent lien satisfactions may be electronically

328

transmitted to the department and shall include the name and

329

address of the person or entity satisfying the lien. When

330

electronic transmission of liens and lien satisfactions are

331

used, the issuance of a certificate of title may be waived until

332

the last lien is satisfied and a clear certificate of title is

333

issued to the owner of the vehicle.

334

(9) The department shall, in the sending of any notice,

335

only be required to use the last known address as shown by its

336

records.

337

Section 4. Section 317.0015, Florida Statutes, is created

338

to read:

339

317.0015 Application of law.--The provisions of ss.

340

319.235, 319.241, 319.25, 319.27, 319.28, and 319.40 shall apply

341

to all off-highway vehicles which are required to be titled by

342

the provisions of this chapter.

343

Section 5. Section 317.0016, Florida Statutes, is created

344

to read:

345

317.0016 Expedited service; applications; fees.--The

346

department shall establish a separate title office which may be

347

utilized by private citizens to receive expedited service on

348

title transfers, title issuances, duplicate titles, and

349

recording of liens and certificates of repossession. A fee of

350

$7 shall be charged for this service, which is in addition to

351

the fees imposed by ss. 317.0007 and 317.0008, and $3.50 of this

352

fee shall be retained by the processing agency. All remaining

353

fees shall be deposited in the Incidental Trust Fund of the

354

Division of Forestry of the Department of Agriculture and

355

Consumer Services. Application for such expedited service may be

356

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

357

applied for pursuant to this section within 5 working days after

358

receipt of the application, except for an application for a

359

duplicate title certificate covered by s. 317.0008(4), in which

360

case the title must be issued within 5 working days after

361

compliance with the department's verification requirements.

362

Section 6. Section 317.0017, Florida Statutes, is created

363

to read:

364

317.0017 Offenses involving vehicle identification

365

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

366

(1) It is unlawful:

367

(a) To alter or forge any certificate of title to an off-

368

highway vehicle or any assignment thereof or any cancellation of

369

any lien on an off-highway vehicle.

370

(b) To retain or use such certificate, assignment, or

371

cancellation knowing that it has been altered or forged.

372

373

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

374

certificate of title or any assignment thereof to an off-highway

375

vehicle, knowing or having reason to believe that such off-

376

highway vehicle has been stolen.

377

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

378

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

379

component part thereof, on which any motor number or vehicle

380

identification number that has been affixed by the manufacturer

381

or by a state agency, has been destroyed, removed, covered,

382

altered, or defaced, with knowledge of such destruction,

383

removal, covering, alteration, or defacement, except as provided

384

in s. 319.30(4).

385

(e) To use a false or fictitious name, give a false or

386

fictitious address, or make any false statement in any

387

application or affidavit required under the provisions of this

388

chapter or in a bill of sale or sworn statement of ownership or

389

otherwise commit a fraud in any application.

390

(2) It is unlawful for any person knowingly to obtain

391

goods, services, credit, or money by means of an invalid,

392

duplicate, fictitious, forged, counterfeit, stolen, or

393

unlawfully obtained certificate of title, registration, bill of

394

sale, or other indicia of ownership of an off-highway vehicle.

395

(3) It is unlawful for any person knowingly to obtain

396

goods, services, credit, or money by means of a certificate of

397

title to an off-highway vehicle, which certificate is required

398

by law to be surrendered to the department.

399

(4) It is unlawful for any person knowingly and with

400

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

401

to sell, counterfeit, or supply a blank, forged, fictitious,

402

counterfeit, stolen, or fraudulently or unlawfully obtained

403

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

404

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

405

the foregoing.

406

(5) It is unlawful for any person, firm, or corporation to

407

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

408

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

409

manufacturer's or state-assigned identification number plates or

410

serial plates or any decal used for the purpose of

411

identification of any off-highway vehicle; or for any officer,

412

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

413

person who shall authorize, direct, aid in exchange, or give

414

away such counterfeit manufacturer's or state-assigned

415

identification number plates or serial plates or any decal; or

416

conspire to do any of the foregoing. However, nothing in this

417

subsection shall be applicable to any approved replacement

418

manufacturer's or state-assigned identification number plates,

419

serial plates, or any decal issued by the department or any

420

state.

421

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

422

commits a felony of the third degree, punishable as provided in

423

s. 775.082, s. 775.083, or s. 775.084. Any off-highway vehicle

424

used in violation of this section shall constitute contraband

425

which may be seized by a law enforcement agency and shall be

426

subject to forfeiture proceedings pursuant to ss. 932.701-

427

932.704. This section is not exclusive of any other penalties

428

prescribed by any existing or future laws for the larceny or

429

unauthorized taking of off-highway vehicles, but is

430

supplementary thereto.

431

Section 7. Section 317.0018, Florida Statutes, is created

432

to read:

433

317.0018 Transfer without delivery of certificate;

434

operation or use without certificate; failure to surrender;

435

other violations.--Whoever, except as otherwise provided for in

436

this chapter, purports to sell or transfer an off-highway

437

vehicle without delivering to the purchaser or transferee

438

thereof a certificate of title thereto duly assigned to such

439

purchaser as provided in this chapter or operates or uses in

440

this state an off-highway vehicle for which a certificate of

441

title is required without such certificate having been obtained

442

in accordance with the provisions of this chapter, or upon which

443

the certificate of title has been canceled; whoever fails to

444

surrender any certificate of title upon cancellation of the same

445

by the department and notice thereof as prescribed in this

446

chapter; whoever fails to surrender the certificate of title to

447

the department as provided in this chapter in case of the

448

destruction or dismantling or change of an off-highway vehicle

449

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

450

in the certificate of title; or whoever violates any of the

451

other provisions of this chapter, or any lawful rule adopted

452

pursuant to the provisions of this chapter, shall be fined not

453

more than $500 or imprisoned for not more than 6 months, or

454

both, for each offense.

455

Section 8. Subsection (6) of section 319.23, Florida

456

Statutes, is amended to read:

457

319.23 Application for, and issuance of, certificate of

458

title.--

459

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

460

home by a licensed dealer to a general purchaser, the

461

certificate of title shall be obtained in the name of the

462

purchaser by the dealer upon application signed by the

463

purchaser, and in each other case such certificate shall be

464

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

465

vehicle or mobile home, the application for certificate of

466

title, or corrected certificate, or assignment or reassignment,

467

shall be filed within 30 days from the delivery of such motor

468

vehicle or mobile home to the purchaser. An applicant shall be

469

required to pay a fee of $10, in addition to all other fees and

470

penalties required by law, for failing to file such application

471

within the specified time. When a licensed dealer takes a motor

472

vehicle or mobile home in trade, the dealer must file with the

473

department a notice of sale signed by the seller. The department

474

shall then update its database for that title record to reflect

475

“sold”.A licensed dealer need not apply for a certificate of

476

title for any motor vehicle or mobile home in stock acquired for

477

stock purposes except as provided in s. 319.225.

478

Section 9. Section 320.0605, Florida Statutes, is amended

479

to read:

480

320.0605 Certificate of registration; possession required;

481

exception.--The registration certificate or an official copy

482

thereof, a true copy of a rental or lease agreement issued for a

483

motor vehicle or issued for a replacement vehicle in the same

484

registration period, a temporary receipt printed upon self-

485

initiated electronic renewal of a registration via the Internet,

486

or a cab card issued for a vehicle registered under the

487

International Registration Plan shall, at all times while the

488

vehicle is being used or operated on the roads of this state, be

489

in the possession of the operator thereof or be carried in the

490

vehicle for which issued and shall be exhibited upon demand of

491

any authorized law enforcement officer or any agent of the

492

department, except for vehicles registered under s. 320.0657.

493

The provisions of this section do not apply during the first 30

494

days after purchase of a replacement vehicle. A violation of

495

this section is a noncriminal traffic infraction, punishable as

496

a nonmoving violation as provided in chapter 318.

497

Section 10. Section 320.0706, Florida Statutes, is amended

498

to read:

499

320.0706 Display of license plates on trucks.--The owner

500

of any commercial truck of gross vehicle weight of 26,001 pounds

501

or more shall display the registration license plate on both the

502

front and rear of the truck in conformance with all the

503

requirements of s. 316.605 that do not conflict with this

504

section. However, the owner of a truck tractor shall be required

505

to display the registration license plate only on the front of

506

such vehicle. Wreckers shall be required to display the

507

registration license plate only on the rear of such vehicle.

508

Section 11. Subsection (1) of section 320.0821, Florida

509

Statutes, is amended, and subsection (5) is added to said

510

section, to read:

511

320.0821 Wrecker license plates.--

512

(1) The department shall issue oneawrecker license

513

plate, regardless of gross vehicle weight,to the owner of any

514

motor vehicle that is used to tow, carry, or otherwise transport

515

motor vehicles and that is equipped for that purpose with a

516

boom, winch, carrier, or other similar equipment, except a motor

517

vehicle registered under the International Registration Plan,

518

upon application and payment of the appropriate license tax and

519

fees in accordance with s. 320.08(5)(d) or (e).

520

(5) A wrecker license plate shall be displayed on the rear

521

of such vehicle.

522

Section 12. Subsection (6) of section 320.27, Florida

523

Statutes, is amended to read:

524

320.27 Motor vehicle dealers.--

525

(6) RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall

526

keep a book or record in such form as shall be prescribed or

527

approved by the department, for a period of 5 years, in which

528

the licensee shall keep a record of the purchase, sale, or

529

exchange, or receipt for the purpose of sale, of any motor

530

vehicle, the date upon which any temporary tag was issued, the

531

date of title transfer, and a description of such motor vehicle

532

together with the name and address of the seller, the purchaser,

533

and the alleged owner or other person from whom such motor

534

vehicle was purchased or received or to whom it was sold or

535

delivered, as the case may be. Such description shall include

536

the identification or engine number, maker's number, if any,

537

chassis number, if any, and such other numbers or identification

538

marks as may be thereon and shall also include a statement that

539

a number has been obliterated, defaced, or changed, if such is

540

the fact.

541

Section 13. Paragraph (b) of subsection (1), paragraph (a)

542

of subsection (2), and subsection (3) of section 322.051,

543

Florida Statutes, are amended to read:

544

322.051 Identification cards.--

545

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

546

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

547

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

548

identification card by the department upon completion of an

549

application and payment of an application fee.

550

(b) An application for an identification card must be

551

signed and verified by the applicant in a format designated by

552

the department before a person authorized to administer oaths.

553

The fee for an identification card is $7, of which $3 shall be

554

deposited into the General Revenue Fund and $4 shall be

555

deposited into the Highway Safety Operating Trust Fund. The fee

556

shall include~~, including~~payment for the color photograph or

557

digital image of the applicant.

558

(2)(a) Every identification card shall expire, unless

559

canceled earlier, on the fourth birthday of the applicant

560

following the date of original issue. However, if an individual

561

is 60 years of age or older, and has an identification card

562

issued under this section, the card shall not expire unless done

563

so by cancellation by the department or by the death of the

564

cardholder. Renewal of any identification card shall be made for

565

a term which shall expire on the fourth birthday of the

566

applicant following expiration of the identification card

567

renewed, unless surrendered earlier. Any application for renewal

568

received later than 90 days after expiration of the

569

identification card shall be considered the same as an

570

application for an original identification card. The renewal fee

571

for an identification card shall be $7, of which $3 shall be

572

deposited into the General Revenue Fund and $4 shall be

573

deposited into the Highway Safety Operating Trust Fund. The

574

department shall, at the end of 4 years and 6 months after the

575

issuance or renewal of an identification card, destroy any

576

record of the card if it has expired and has not been renewed,

577

unless the cardholder is 60 years of age or older.

578

(3) In the event an identification card issued under this

579

section is lost, destroyed, or mutilated or a new name is

580

acquired, the person to whom it was issued may obtain a

581

duplicate upon furnishing satisfactory proof of such fact to the

582

department and upon payment of $7~~a fee of $2.50~~for such

583

duplicate, of which $2.50 shall be deposited into the General

584

Revenue Fund and $4.50 shall be deposited into the Highway

585

Safety Operating Trust Fund. The fee~~which~~shall include payment

586

for the color photograph or digital image of the applicant. Any

587

person who loses an identification card and who, after obtaining

588

a duplicate, finds the original card shall immediately surrender

589

the original card to the department. The same documentary

590

evidence shall be furnished for a duplicate as for an original

591

identification card.

592

Section 14. Subsections (1) and (2) and paragraph (a) of

593

subsection (5) of section 322.12, Florida Statutes, are amended

594

to read:

595

322.12 Examination of applicants.--

596

(1) It is the intent of the Legislature that every

597

applicant for an original driver's license in this state be

598

required to pass an examination pursuant to this section.

599

However, the department may waive the knowledge, endorsement,

600

and skills tests for an applicant who is otherwise qualified and

601

who surrenders a valid driver's license from another state or a

602

province of Canada, or a valid driver's license issued by the

603

United States Armed Forces, if the driver applies for a Florida

604

license of an equal or lesser classification. Any applicant who

605

fails to pass the initial knowledge examination shall incur a $5

606

fee for each subsequent examination, to be deposited into the

607

Highway Safety Operating Trust Fund. Any applicant who fails to

608

pass the initial skills examination shall incur a $10 fee for

609

each subsequent examination, to be deposited into the Highway

610

Safety Operating Trust Fund.A person who seeks to retain a

611

hazardous-materials endorsement, pursuant to s. 322.57(1)(d),

612

must pass the hazardous-materials test, upon surrendering his or

613

her commercial driver's license, if the person has not taken and

614

passed the hazardous-materials test within 2 years preceding his

615

or her application for a commercial driver's license in this

616

state.

617

(2) The department shall examine every applicant for a

618

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

619

another state or country, except as otherwise provided in this

620

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

621

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

622

successfully completing the examination showing his or her

623

ability to operate a motor vehicle as provided for herein and

624

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

625

322.17(2). ~~Any person who applies for reinstatement following~~

626

~~the suspension or revocation of his or her driver's license~~

627

~~shall pay a service fee of $25 following a suspension, and $50~~

628

~~following a revocation, which is in addition to the fee for a~~

629

~~license. Any person who applies for reinstatement of a~~

630

~~commercial driver's license following the disqualification of~~

631

~~his or her privilege to operate a commercial motor vehicle shall~~

632

~~pay a service fee of $50, which is in addition to the fee for a~~

633

~~license. The department shall collect all of these fees at the~~

634

~~time of reinstatement. The department shall issue proper~~

635

~~receipts for such fees and shall promptly transmit all funds~~

636

~~received by it as follows:~~

637

~~(a) Of the $25 fee received from a licensee for~~

638

~~reinstatement following a suspension, the department shall~~

639

~~deposit $15 in the General Revenue Fund and the remaining $10 in~~

640

~~the Highway Safety Operating Trust Fund.~~

641

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

642

~~reinstatement following a revocation or disqualification, the~~

643

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

644

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

645

646

~~If the revocation or suspension of the driver's license was for~~

647

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

648

~~breath, blood, or urine test, an additional fee of $105 must be~~

649

~~charged. However, only one such $105 fee is to be collected from~~

650

~~one person convicted of such violations arising out of the same~~

651

~~incident. The department shall collect the $105 fee and deposit~~

652

~~it into the Highway Safety Operating Trust Fund at the time of~~

653

~~reinstatement of the person's driver's license, but the fee must~~

654

~~not be collected if the suspension or revocation was overturned.~~

655

(5)(a) The department shall formulate a separate

656

examination for applicants for licenses to operate motorcycles.

657

Any applicant for a driver's license who wishes to operate a

658

motorcycle, and who is otherwise qualified, must successfully

659

complete such an examination, which is in addition to the

660

examination administered under subsection (3). The examination

661

must test the applicant's knowledge of the operation of a

662

motorcycle and of any traffic laws specifically relating thereto

663

and must include an actual demonstration of his or her ability

664

to exercise ordinary and reasonable control in the operation of

665

a motorcycle. Any applicant who fails to pass the initial

666

knowledge examination shall incur a $5 fee for each subsequent

667

examination, to be deposited into the Highway Safety Operating

668

Trust Fund. Any applicant who fails to pass the initial skills

669

examination shall incur a $10 fee for each subsequent

670

examination, to be deposited into the Highway Safety Operating

671

Trust Fund.In the formulation of the examination, the

672

department shall consider the use of the Motorcycle Operator

673

Skills Test and the Motorcycle in Traffic Test offered by the

674

Motorcycle Safety Foundation. The department shall indicate on

675

the license of any person who successfully completes the

676

examination that the licensee is authorized to operate a

677

motorcycle. If the applicant wishes to be licensed to operate a

678

motorcycle only, he or she need not take the skill or road test

679

required under subsection (3) for the operation of a motor

680

vehicle, and the department shall indicate such a limitation on

681

his or her license as a restriction. Every first-time applicant

682

for licensure to operate a motorcycle who is under 21 years of

683

age must provide proof of completion of a motorcycle safety

684

course, as provided for in s. 322.0255, before the applicant may

685

be licensed to operate a motorcycle.

686

Section 15. Subsection (2) of section 322.17, Florida

687

Statutes, is amended to read:

688

322.17 Duplicate and replacement certificates.--

689

(2) Upon the surrender of the original license and the

690

payment of a $10 replacement fee, the department shall issue a

691

replacement license to make a change in name~~, address,~~or

692

restrictions. Upon ~~written~~request by the licensee and

693

notification of a change in address, ~~and the payment of a $10~~

694

~~fee,~~ the department shall issue a replacement license oran

695

address sticker ~~which shall be affixed to the back of the~~

696

~~license by the licensee~~. Nine dollars of the fee levied in this

697

subsection shall go to the Highway Safety Operating Trust Fund

698

of the department.

699

Section 16. Subsection (5) of section 322.21, Florida

700

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

701

said section, to read:

702

322.21 License fees; procedure for handling and collecting

703

fees.--

704

(5) The department shall collect and, unless otherwise

705

specified,transmit all fees received by it under this section

706

to the Treasurer to be placed in the General Revenue Fund of the

707

state, and sufficient funds for the necessary expenses of the

708

department shall be included in the appropriations act. The fees

709

shall be used for the maintenance and operation of the

710

department.

711

(8) Any person who applies for reinstatement following the

712

suspension or revocation of his or her driver's license shall

713

pay a service fee of $25 following a suspension, and $50

714

following a revocation, which shall be in addition to the fee

715

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

716

commercial driver's license following the disqualification of

717

his or her privilege to operate a commercial motor vehicle shall

718

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

719

for a license. The department shall collect all of these fees at

720

the time of reinstatement. The department shall issue proper

721

receipts for such fees and shall promptly transmit all funds

722

received by it as follows:

723

(a) Of the $25 fee received from a licensee for

724

reinstatement following a suspension, the department shall

725

deposit $15 into the General Revenue Fund and the remaining $10

726

into the Highway Safety Operating Trust Fund.

727

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

728

reinstatement following a revocation or disqualification, the

729

department shall deposit $35 into the General Revenue Fund and

730

the remaining $15 into the Highway Safety Operating Trust Fund.

731

732

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

733

a violation of s. 316.193 or for refusal to submit to a lawful

734

breath, blood, or urine test, an additional fee of $105 must be

735

charged. However, only one such $105 fee is to be collected from

736

one person convicted of such violations arising out of the same

737

incident. The department shall collect the $105 fee and deposit

738

it into the Highway Safety Operating Trust Fund at the time of

739

reinstatement of the person's driver's license, but the fee must

740

not be collected if the suspension or revocation was overturned.

741

(9) Any citizen requesting a hearing as provided in s.

742

322.2615 or s. 322.2616 shall pay a filing fee of $50 to be

743

deposited into the Highway Safety Operating Trust Fund.

744

Section 17. Noncancelable motor vehicle liability policy

745

required following certain DUI offenses.--

746

(1) If a person's motor vehicle license is suspended or

747

revoked due to any violation of section 316.193, Florida

748

Statutes, that person must maintain proof of financial

749

responsibility as provided in this section for each motor

750

vehicle registered in his or her name for 3 years following

751

license reinstatement. During the 3-year period, the person may

752

not register a motor vehicle unless he or she maintains a

753

noncancelable motor vehicle liability policy of at least 3

754

months' duration which insures the operator against loss from

755

liability for bodily injury, death, and property damage arising

756

out of the ownership, maintenance, or use of the motor vehicle

757

in an amount not less than the limits described in section

758

324.021(7), Florida Statutes, and which conforms to the

759

requirements of section 324.151, Florida Statutes. The vehicle

760

registration is subject to renewal every 3 months.

761

(2) Notwithstanding section 320.055, Florida Statutes,

762

upon reinstatement of the person's license and proof of

763

financial responsibility as provided in subsection (1), the

764

Department of Highway Safety and Motor Vehicles shall issue a

765

vehicle registration certificate that is valid for 3 months and

766

shall issue a validation sticker that displays an expiration

767

date of 3 months after the date of issuance.

768

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

769

section 713.78, Florida Statutes, are amended to read:

770

713.78 Liens for recovering, towing, or storing vehicles

771

and vessels.--

772

(13)

773

774

home may dispute a wrecker operator's lien, by notifying the

775

department of the dispute in writing on forms provided by the

776

department, if at least one of the following applies:

777

a. The registered owner presents a notarized bill of sale

778

proving that the vehicle, vessel, or mobile home was sold in a

779

private or casual sale before the vehicle, vessel, or mobile

780

home was recovered, towed, or stored.

781

b. The registered owner presents proof that the Florida

782

certificate of title of the vehicle, vessel, or mobile home was

783

sold to a licensed dealer as defined in s. 319.001 before the

784

vehicle, vessel, or mobile home was recovered, towed, or stored.

785

c. The records of the department were marked sold prior to

786

the issuance of the certificate of destruction authorized under

787

subsection (11).

788

789

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

790

complies with one of these criteria, the department shall

791

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

792

those persons who may not be issued a license plate or

793

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

794

thereby allowing issuance of a license plate or revalidation

795

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

796

by more than one person, each registered owner must dispute the

797

wrecker operator's lien in order to be removed from the list.

798

However, the department shall deny any dispute and maintain the

799

registered owner's name on the list of those persons who may not

800

be issued a license plate or revalidation sticker for any motor

801

vehicle under s. 320.03(8) if the wrecker operator has provided

802

the department with a certified copy of the judgment of a court

803

which orders the registered owner to pay the wrecker operator's

804

lien claimed under this section. In such a case, the amount of

805

the wrecker operator's lien allowed by paragraph (b) may be

806

increased to include no more than $500 of the reasonable costs

807

and attorney's fees incurred in obtaining the judgment. The

808

department's action under this subparagraph is ministerial in

809

nature, shall not be considered final agency action, and is

810

appealable only to the county court for the county in which the

811

vehicle, vessel, or mobile home was ordered removed.

812

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

813

been imposed may alternatively obtain a discharge of the lien by

814

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

815

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

816

vehicle, vessel, or mobile home was ordered removed. Upon filing

817

of the complaint, the person may have her or his name removed

818

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

819

plate or revalidation sticker for any motor vehicle under s.

820

320.03(8), thereby allowing issuance of a license plate or

821

revalidation sticker, upon posting with the court a cash or

822

surety bond or other adequate security equal to the amount of

823

the wrecker operator's lien to ensure the payment of such lien

824

in the event she or he does not prevail. Upon the posting of the

825

bond and the payment of the applicable fee set forth in s.

826

28.24, the clerk of the court shall issue a certificate

827

notifying the department of the posting of the bond and

828

directing the department to release the wrecker operator's lien.

829

Upon determining the respective rights of the parties, the court

830

may award damages and costs in favor of the prevailing party.

831

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

832

been imposed does not object to the lien, but cannot discharge

833

the lien by payment because the wrecker operator has moved or

834

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

835

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

836

license plate or revalidation sticker for any motor vehicle

837

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

838

or revalidation sticker, upon posting with the clerk of court in

839

the county in which the vehicle, vessel, or mobile home was

840

ordered removed, a cash or surety bond or other adequate

841

security equal to the amount of the wrecker operator's lien.

842

Upon the posting of the bond and the payment of the application

843

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

844

certificate notifying the department of the posting of the bond

845

and directing the department to release the wrecker operator's

846

lien. The department shall mail to the wrecker operator, at the

847

address upon the lien form, notice that the wrecker operator

848

must claim the security within 60 days, or the security will be

849

released back to the person who posted it. At the conclusion of

850

the 60 days, the department shall direct the clerk as to which

851

party is entitled to payment of the security, less applicable

852

clerk's fees.

853

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

854

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

855

the registered owner's birth month of a motor vehicle

856

registration and does not apply to the transfer of a

857

registration of a motor vehicle sold by a motor vehicle dealer

858

licensed under chapter 320, except for the transfer of

859

registrations which is inclusive of the annual renewals. This

860

subsection shall not apply to any vehicle registered in the name

861

of a lessor.This subsection does not affect the issuance of the

862

title to a motor vehicle, notwithstanding s. 319.23(7)(b).

863

Section 19. This act shall take effect upon becoming a

864

law.