HB 1513 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to motor vehicles, mobile homes, and
12	vessels; amending s. 316.085, F.S.; prohibiting overtaking
13	a vehicle under certain circumstances; amending s.
14	316.193, F.S.; revising language of DUI manslaughter
15	penalty provisions; amending s. 316.1932, F.S.; revising
16	requirements for the warning of consent to testing on
17	driver licenses; amending s. 316.302, F.S.; revising
18	exemption from specified federal standards for certain
19	commercial driver licenses; amending s. 316.605, F.S.;
20	providing for the placement of motor vehicle license
21	plates on wreckers, certain vehicles with equipment that
22	might damage the plate, and certain government-owned
23	vehicles; amending s. 316.613, F.S., and creating s.
24	316.6131, F.S.; revising provisions for authorization to
25	expend funds for public information and education
26	purposes; amending s. 318.1451, F.S.; providing a fee for
27	specified driver improvement course; amending s. 320.01,
28	F.S.; revising the definition of "apportionable vehicle"
29	and "commercial motor vehicle"; amending s. 320.05, F.S.;
30	deleting fees for certain motor vehicle and vessel
31	information available via the Internet; amending s.
32	320.06, F.S.; correcting a cross reference; amending s.
33	320.0605, F.S.; exempting specified vehicles from the
34	requirement that the certificate of registration be in the
35	vehicle; amending s. 320.071, F.S.; deleting requirement
36	that registration renewals occur in the county of
37	residence; amending s. 320.072, F.S.; providing for
38	records search when registration involves transfer or
39	exchange of plate; limiting scope of such search; amending
40	s. 320.0821, F.S.; revising provisions for issuance and
41	placement of wrecker license plates; amending s. 320.086,
42	F.S.; revising provisions for historical license plates;
43	amending s. 320.18, F.S.; authorizing the Department of
44	Highway Safety and Motor Vehicles to withhold vessel
45	registrations under specified conditions; amending s.
46	320.27, F.S.; revising motor vehicle dealer recordkeeping
47	requirements; amending s. 320.58, F.S.; authorizing
48	certain department inspectors to enforce specified
49	provisions relating to off-highway vehicles and vessels;
50	amending s. 320.8249, F.S.; revising prohibited acts of
51	mobile home installers; providing penalties; amending s.
52	322.025, F.S.; authorizing the department to offer a
53	driver improvement course under certain circumstances;
54	providing for deduction of points for completion of such
55	course; amending s. 322.051, F.S.; revising provisions
56	relating to issuance of identification cards; specifying
57	additional proof of identity for application for such
58	card; providing for issuance and content of such card;
59	amending s. 322.08, F.S.; revising provisions relating to
60	issuance of driver license; specifying additional proof of
61	identity for application for such license; specifying
62	documents for proof of immigration classification;
63	providing for expiration of certain licenses and permits;
64	amending s. 322.135, F.S.; requiring certain driver
65	license agents to remit funds within a specified time
66	period; providing for method of remittance; amending s.
67	322.142, F.S.; prohibiting waiver of requirement for
68	fullface image on driver license; amending ss. 322.17 and
69	322.19, F.S.; correcting references; amending s. 322.18,
70	F.S.; revising expiration date of certain licenses;
71	amending s. 322.20, F.S.; providing for charges for
72	described access to certain license status reports;
73	amending s. 322.53, F.S.; revising license requirements
74	for certain persons who drive commercial motor vehicles;
75	deleting endorsement requirements for such persons;
76	amending s. 328.01, F.S.; revising application
77	requirements for transfer of title to a vessel based on
78	contractual default; amending s. 328.03, F.S.; revising
79	title provisions for total loss of a vessel; amending s.
80	328.11, F.S.; providing for expedited issuance of
81	certificate of title to a vessel; providing a fee;
82	amending s. 328.17, F.S.; deleting provision that makes
83	certain nonjudicial sales of vessels subject to prior
84	liens; providing an effective date.
85
86	Be It Enacted by the Legislature of the State of Florida:
87
88	Section 1. Subsection (2) of section 316.085, Florida
89	Statutes, is amended to read:
90	316.085 Limitations on overtaking, passing, changing lanes
91	and changing course.--
92	(2) No vehicle shall be driven from a direct course in any
93	lane on any highway until the driver has determined that the
94	vehicle is not being approached or passed by any other vehicle
95	in the lane or on the side to which the driver desires to move
96	and that the move can be completely made with safety and without
97	interfering with the safe operation of any vehicle approaching
98	from the same direction. However, no driver may overtake a
99	vehicle on a two lane road when the vehicle is clearly signaling
100	a left turn, or when approaching a clearly marked intersection.
101	Section 2. Subsection (3) of section 316.193, Florida
102	Statutes, is amended to read:
103	316.193 Driving under the influence; penalties.--
104	(3) Any person:
105	(a) Who is in violation of subsection (1);
106	(b) Who operates a vehicle; and
107	(c) Who, by reason of such operation, causes or
108	contributes to causing:
109	1. Damage to the property or person of another commits a
110	misdemeanor of the first degree, punishable as provided in s.
111	775.082 or s. 775.083.
112	2. Serious bodily injury to another, as defined in s.
113	316.1933, commits a felony of the third degree, punishable as
114	provided in s. 775.082, s. 775.083, or s. 775.084.
115	3. The death of aanyhuman being commits DUI
116	manslaughter, and commits:
117	a. A felony of the second degree, punishable as provided
118	in s. 775.082, s. 775.083, or s. 775.084.
119	b. A felony of the first degree, punishable as provided in
120	s. 775.082, s. 775.083, or s. 775.084, if:
121	(I) At the time of the crash, the person knew, or should
122	have known, that the crash occurred; and
123	(II) The person failed to give information and render aid
124	as required by s. 316.062.
125	Section 3. Paragraph (e) of subsection (1) of section
126	316.1932, Florida Statutes, is amended to read:
127	316.1932 Breath, blood, and urine tests for alcohol,
128	chemical substances, or controlled substances; implied consent;
129	refusal.--
130	(1)
131	(e)1. By applying for a driver's license and by accepting
132	and using a driver's license, the person holding the driver's
133	license is deemed to have expressed his or her consent to the
134	provisions of this section.
135	2. A nonresident or any other person driving in a status
136	exempt from the requirements of the driver's license law, by his
137	or her act of driving in such exempt status, is deemed to have
138	expressed his or her consent to the provisions of this section.
139	3. A warning of the consent provision of this section
140	shall be printed above the signature lineon each new or renewed
141	driver's license.
142	Section 4. Paragraph (i) of subsection (2) of section
143	316.302, Florida Statutes, is amended to read:
144	316.302 Commercial motor vehicles; safety regulations;
145	transporters and shippers of hazardous materials; enforcement.--
146	(2)
147	(i) A person who was a regularly employed driver of a
148	commercial motor vehicle on July 4, 1987, andwhose driving
149	record shows no traffic convictions, pursuant to s. 322.61,
150	during the 2-year period immediately preceding the application
151	for the commercial driver's license, and who is otherwise
152	qualified as a driver under 49 C.F.R. part 391, and who operates
153	a commercial vehicle in intrastate commerce only, shall be
154	exempt from the requirements of 49 C.F.R. part 391, subpart E,
155	s. 391.41(b)(10). However, such operators are still subject to
156	the requirements of ss. 322.12 and 322.121. As proof of
157	eligibility,such driver shall have in his or her possession a
158	physical examination form dated within the past 24 months.
159	Section 5. Subsection (1) of section 316.605, Florida
160	Statutes, is amended to read:
161	316.605 Licensing of vehicles.--
162	(1) Every vehicle, at all times while driven, stopped, or
163	parked upon any highways, roads, or streets of this state, shall
164	be licensed in the name of the owner thereof in accordance with
165	the laws of this state unless such vehicle is not required by
166	the laws of this state to be licensed in this state and shall,
167	except as otherwise provided in s. 320.0706 for front-end
168	registration license plates on truck tractors or wreckers,
169	display the license plate or both of the license plates assigned
170	to it by the state, one on the rear and, if two, the other on
171	the front of the vehicle, each to be securely fastened to the
172	vehicle outside the main body of the vehicle in such manner as
173	to prevent the plates from swinging, with all letters, numerals,
174	printing, writing, and other identification marks upon the
175	plates clear and distinct and free from defacement, mutilation,
176	grease, and other obscuring matter, so that they will be plainly
177	visible and legible at all times 100 feet from the rear or
178	front. In addition, if only one registration plate is issued for
179	a motor vehicle equipped with a mechanical loading device that
180	may damage the plate, the plate may be attached to the front of
181	the vehicle.Nothing shall be placed upon the face of a Florida
182	plate except as permitted by law or by rule or regulation of a
183	governmental agency. No license plates other than those
184	furnished by the state shall be used. However, if the vehicle is
185	not required to be licensed in this state, the license plates on
186	such vehicle issued by another state, by a territory,
187	possession, or district of the United States, or by a foreign
188	country, substantially complying with the provisions hereof,
189	shall be considered as complying with this chapter. A government
190	license plate that is issued to a truck tractor or heavy truck
191	owned by a governmental entity having a gross vehicle weight
192	rating of 26,001 pounds or more may be placed on the front of
193	the vehicle and shall be in compliance with this chapter.A
194	violation of this subsection is a noncriminal traffic
195	infraction, punishable as a nonmoving violation as provided in
196	chapter 318.
197	Section 6. Subsection (4) of section 316.613, Florida
198	Statutes, is amended to read:
199	316.613 Child restraint requirements.--
200	(4)(a)It is the legislative intent that all state,
201	county, and local law enforcement agencies, and safety councils,
202	in recognition of the problems with child death and injury from
203	unrestrained occupancy in motor vehicles, conduct a continuing
204	safety and public awareness campaign as to the magnitude of the
205	problem.
206	(b) The department may authorize the expenditure of funds
207	for the purchase of promotional items as part of the public
208	information and education campaigns provided for in this
209	subsection and ss. 316.614, 322.025, and 403.7145.
210	Section 7. Section 316.6131, Florida Statutes, is created
211	to read:
212	316.6131 Educational expenditures.--The department may
213	authorize the expenditure of funds for the purchase of
214	educational items as part of the public information and
215	education campaigns promoting highway safety and awareness as
216	well as departmental community-based initiatives. Funds may be
217	expended for, but are not limited to, educational campaigns
218	provided in this chapter, chapters 320 and 322, and s. 403.7145.
219	Section 8. Subsection (4) of section 318.1451, Florida
220	Statutes, is amended to read:
221	318.1451 Driver improvement schools.--
222	(4) In addition to a regular course fee, an assessment fee
223	in the amount of $2.50 shall be collected by the school from
224	each person who elects to attend a course, as it relates to ss.
225	318.14(9), 322.025(2),322.0261, 322.291, and 627.06501, which
226	shall be remitted to the Department of Highway Safety and Motor
227	Vehicles and deposited in the Highway Safety Operating Trust
228	Fund to administer this program and to fund the general
229	operations of the department.
230	Section 9. Subsections (25) and (26) of section 320.01,
231	Florida Statutes, are amended to read:
232	320.01 Definitions, general.--As used in the Florida
233	Statutes, except as otherwise provided, the term:
234	(25) "Apportionable vehicle" means any vehicle, except
235	recreational vehicles, vehicles displaying restricted plates,
236	city pickup and delivery vehicles, buses used in transportation
237	of chartered parties, and government-owned vehicles, which is
238	used or intended for use in two or more member jurisdictions
239	that allocate or proportionally register vehicles and which is
240	used for the transportation of persons for hire or is designed,
241	used, or maintained primarily for the transportation of property
242	and:
243	(a) Is a power unit having a gross vehicle weight in
244	excess of 26,001 pounds or more;
245	(b) Is a power unit having three or more axles, regardless
246	of weight; or
247	(c) Is used in combination, when the weight of such
248	combination isexceeds 26,001 pounds or moregross vehicle
249	weight.
250
251	Vehicles, or combinations thereof, having a gross vehicle weight
252	of 26,001 pounds or morelessand two-axle vehicles may be
253	proportionally registered.
254	(26) "Commercial motor vehicle" means any vehicle that
255	which is not owned or operated by a governmental entity, that
256	whichuses special fuel or motor fuel on the public highways,
257	and thatwhichhas a gross vehicle weight of 26,001 pounds or
258	more, or has three or more axles regardless of weight, or is
259	used in combination when the weight of such combination is
260	exceeds 26,001 pounds or moregross vehicle weight.
261	Section 10. Paragraph (b) of subsection (3) of section
262	320.05, Florida Statutes, is amended to read:
263	320.05 Records of the department; inspection procedure;
264	lists and searches; fees.--
265	(3)
266	(b) Fees therefor shall be charged and collected as
267	follows:
268	1. For providing lists of motor vehicle or vessel records
269	for the entire state, or any part or parts thereof, divided
270	according to counties, a sum computed at a rate of not less than
271	1 cent nor more than 5 cents per item.
272	2. For providing noncertified photographic copies of motor
273	vehicle or vessel documents, $1 per page.
274	3. For providing noncertified photographic copies of
275	micrographic records, $1 per page.
276	4. For providing certified copies of motor vehicle or
277	vessel records, $3 per record.
278	5. For providing noncertified computer-generated printouts
279	of motor vehicle or vessel records, 50 cents per record.
280	6. For providing certified computer-generated printouts of
281	motor vehicle or vessel records, $3 per record.
282	7. For providing electronic access to motor vehicle,
283	vessel, and mobile home registration data requested by tag,
284	vehicle identification number, title number, or decal number, 50
285	cents per item, except that information provided via the
286	department's Internet website shall be free of charge.
287	8. For providing electronic access to driver's license
288	status report by name, sex, and date of birth or by driver
289	license number, 50 cents per item.
290	8.9.For providing lists of licensed mobile home dealers
291	and manufacturers and recreational vehicle dealers and
292	manufacturers, $15 per list.
293	9.10.For providing lists of licensed motor vehicle
294	dealers, $25 per list.
295	10.11.For each copy of a videotape record, $15 per tape.
296	11.12.For each copy of the Division of Motor Vehicles
297	Procedures Manual, $25.
298	Section 11. Subsection (4) of section 320.06, Florida
299	Statutes, is amended to read:
300	320.06 Registration certificates, license plates, and
301	validation stickers generally.--
302	(4) The corporation organized under chapter 946 may
303	manufacture license plates, validation stickers, and decals, as
304	well as temporary tags, disabled hang tags, vessel decals, and
305	fuel use decals, for the Department of Highway Safety and Motor
306	Vehicles as provided in this chapter and chapter 328327. The
307	Department of Highway Safety and Motor Vehicles is not required
308	to obtain competitive bids in order to contract with the
309	corporation.
310	Section 12. Section 320.0605, Florida Statutes, is amended
311	to read:
312	320.0605 Certificate of registration; possession required;
313	exception.--The registration certificate or an official copy
314	thereof, a true copy of a rental or lease agreement issued for a
315	motor vehicle or issued for a replacement vehicle in the same
316	registration period, a temporary receipt printed upon self-
317	initiated electronic renewal of a registration via the Internet,
318	or a cab card issued for a vehicle registered under the
319	International Registration Plan shall, at all times while the
320	vehicle is being used or operated on the roads of this state, be
321	in the possession of the operator thereof or be carried in the
322	vehicle for which issued and shall be exhibited upon demand of
323	any authorized law enforcement officer or any agent of the
324	department, except for vehicles registered under s. 320.0657.
325	The provisions of this section do not apply during the first 30
326	days after purchase of a replacement vehicle. A violation of
327	this section is a noncriminal traffic infraction, punishable as
328	a nonmoving violation as provided in chapter 318.
329	Section 13. Paragraph (a) of subsection (1) of section
330	320.071, Florida Statutes, is amended to read:
331	320.071 Advance registration renewal; procedures.--
332	(1)(a) The owner of any motor vehicle or mobile home
333	currently registered in this state may file an application for
334	renewal of registration with the department, or its authorized
335	agent in the county wherein the owner resides, any time during
336	the 3 months preceding the date of expiration of the
337	registration period.
338	Section 14. Paragraph (b) of subsection (2) of section
339	320.072, Florida Statutes, is amended to read:
340	320.072 Additional fee imposed on certain motor vehicle
341	registration transactions.--
342	(2) The fee imposed by subsection (1) shall not apply to:
343	(b) A transfer or exchange of a registration license plate
344	from a motor vehicle that has been disposed of to a newly
345	acquired motor vehicle pursuant to s. 320.0609(2) or (5).
346	However, the department is responsible only for a search of its
347	records for the previous 7-year period prior to the date the
348	transaction is processed.
349	Section 15. Subsection (1) of section 320.0821, Florida
350	Statutes, is amended, and subsection (5) is added to said
351	section, to read:
352	320.0821 Wrecker license plates.--
353	(1) The department shall issue oneawrecker license
354	plate, regardless of gross vehicle weight,to the owner of any
355	motor vehicle that is used to tow, carry, or otherwise transport
356	motor vehicles and that is equipped for that purpose with a
357	boom, winch, carrier, or other similar equipment, except a motor
358	vehicle registered under the International Registration Plan,
359	upon application and payment of the appropriate license tax and
360	fees in accordance with s. 320.08(5)(d) or (e).
361	(5) A wrecker license plate shall be displayed on the
362	front of the vehicle.
363	Section 16. Subsection (4) of section 320.086, Florida
364	Statutes, is amended to read:
365	320.086 Ancient or antique motor vehicles; "horseless
366	carriage," antique, or historical license plates.--
367	(4) Any person who is the registered owner of a motor
368	vehicle as defined in this section and manufactured in the model
369	year 19751974 or earlier,may apply to the department for
370	permission to use a historical Florida license plate that
371	clearly represents the model year of the vehicle as a
372	personalized prestige license plate. This plate shall be
373	furnished by such person and shall be presented to the
374	department with a reasonable fee to be determined by the
375	department for approval and for authentication that the historic
376	license plate and any applicable decals were issued by this
377	state in the same year as the model year of the car or truck.
378	The requirements of s. 320.0805(8)(b) do not apply to historical
379	plates authorized under this subsection.
380	Section 17. Subsection (1) of section 320.18, Florida
381	Statutes, is amended to read:
382	320.18 Withholding registration.--
383	(1) The department may withhold the registration of any
384	motor vehicle, vessel,or mobile home the owner of which has
385	failed to register it under the provisions of law for any
386	previous period or periods for which it appears registration
387	should have been made in this state, until the tax for such
388	period or periods is paid. The department may cancel any license
389	plate, vessel registration,or fuel-use tax decal if the owner
390	pays for the license plate, vessel registration, fuel-use tax
391	decal, or any tax liability, penalty, or interest specified in
392	chapter 207 by a dishonored check, or if the vehicle owner or
393	motor carrier has failed to pay a penalty for a weight or safety
394	violation issued by the Department of Transportation Motor
395	Carrier Compliance Office. The Department of Transportation and
396	the Department of Highway Safety and Motor Vehicles may impound
397	any commercial motor vehicle that has a canceled license plate
398	or fuel-use tax decal until the tax liability, penalty, and
399	interest specified in chapter 207, the license tax, or the fuel-
400	use decal fee, and applicable administrative fees have been paid
401	for by certified funds.
402	Section 18. Subsection (6) of section 320.27, Florida
403	Statutes, is amended to read:
404	320.27 Motor vehicle dealers.--
405	(6) RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall
406	keep for 5 years a book or record in asuch form as shall be
407	prescribed or approved by the department, in which the licensee
408	shall keep a record of the purchase, sale, or exchange, or
409	receipt for the purpose of sale, of any motor vehicle, the date
410	upon which any temporary tag was issued, the date of title
411	transfer, and a description of such motor vehicle together with
412	the name and address of the seller, the purchaser, and the
413	alleged owner or other person from whom such motor vehicle was
414	purchased or received or to whom it was sold or delivered, as
415	the case may be. Such description shall include the
416	identification or engine number, maker's number, if any, chassis
417	number, if any, and such other numbers or identification marks
418	as may be thereon and shall also include a statement that a
419	number has been obliterated, defaced, or changed, if such is the
420	fact.
421	Section 19. Paragraph (a) of subsection (1) of section
422	320.58, Florida Statutes, is amended to read:
423	320.58 License inspectors; powers, appointment.--
424	(1)(a) The department shall appoint as many license
425	inspectors and supervisors as it deems necessary to enforce the
426	provisions of this chapter and chapters 317, 319, 322, and 324,
427	and 328. In order to enforce the provisions of these laws, the
428	inspectors are empowered to enter on both publicly owned and
429	privately owned property and to issue uniform traffic citations
430	to persons found in violation thereof. The department is further
431	empowered to delegate the power to issue uniform traffic
432	citations to persons acting as its agents for the purpose of
433	enforcing the registration provisions of this chapter, which may
434	include, but not be limited to, personnel employed by district
435	school boards as agreed to by the school board and the county
436	tax collector.
437	Section 20. Paragraphs (c) and (g) of subsection (9) of
438	section 320.8249, Florida Statutes, are amended to read:
439	320.8249 Mobile home installers license.--
440	(9) No licensed person nor licensed applicant shall:
441	(c) Violate any lawful order of the department or any
442	other law of this state, including chapter 319 or this chapter.
443	(g) Commit violations of the installation standards for
444	mobile homes or manufactured homes contained in rules 15C-1 and
445	15C-215C-1.0102 to 15C-1.0104, Florida Administrative Code.
446	(10) Any licensed person or license applicant who violates
447	any provision of subsection (9) may have any of the following
448	disciplinary penalties imposed by the department:
449	(a) License revocation;
450	(b) License suspension;
451	(c) A fine not to exceed $1,000 per violation;
452	(d) A requirement to take and pass, or retake and pass,
453	the department-approved examination;
454	(e) Probation;
455	(f) Probation subject to such restriction of practice as
456	the department chooses to impose;
457	(g) A notice of noncompliance; or
458	(h) Refusal of licensure application.
459	Section 21. Section 322.025, Florida Statutes, is amended
460	to read:
461	322.025 Driver improvement.--
462	(1)The department may implement programs to improve the
463	driving ability of the drivers of this state. Such programs may
464	include, but shall not be limited to, safety awareness
465	campaigns, driver training, and licensing improvement.
466	Motorcycle driver improvement programs implemented pursuant to
467	this section or s. 322.0255 shall be funded by the motorcycle
468	safety education fee collected pursuant to s. 320.08(1)(c),
469	which shall be deposited in the Highway Safety Operating Trust
470	Fund of the department and appropriated for that purpose.
471	(2) The department may offer, one time in a driver's
472	lifetime, to each driver who receives a points warning letter in
473	accordance with s. 322.27(3)(f) or a restriction letter in
474	accordance with s. 322.161 the opportunity to attend a basic
475	driver improvement course approved by the department. If the
476	driver completes an approved course and presents proof of
477	completion to the department, the department shall deduct three
478	points from the citation that causes the action against the
479	driver's record and permanently annotate the driver's record
480	that the one-time offer had been accepted and used.
481	Section 22. Paragraph (a) of subsection (1) and paragraphs
482	(b) and (c) of subsection (2) of section 322.051, Florida
483	Statutes, are amended, and subsection (8) is added to said
484	section, to read:
485	322.051 Identification cards.--
486	(1) Any person who is 12 years of age or older, or any
487	person who has a disability, regardless of age, who applies for
488	a disabled parking permit under s. 320.0848, may be issued an
489	identification card by the department upon completion of an
490	application and payment of an application fee.
491	(a) Each such application shall include the following
492	information regarding the applicant:
493	1. Full name (first, middle or maiden, and last), gender,
494	social security card number, county of residence and mailing
495	address, country of birth, and a brief description.
496	2. Proof of birth date satisfactory to the department.
497	3. Proof of identity satisfactory to the department. Such
498	proof must include one of the following documents issued to the
499	applicant:
500	a. A driver's license record or identification card record
501	from another jurisdiction that required the applicant to submit
502	a document for identification which is substantially similar to
503	a document required under sub-subparagraph b., sub-subparagraph
504	c., sub-subparagraph d., sub-subparagraph e., orsub-
505	subparagraph f., or sub-subparagraph g.;
506	b. A certified copy of a United States birth certificate;
507	c. A validUnited States passport;
508	d. A naturalization certificate issued by the United
509	States Department of Justice;
510	e.d.An alien registration receipt card (green card);
511	f.e.An employment authorization card issued by the United
512	States Department of Justice; or
513	g.f.Proof of nonimmigrant classification provided by the
514	United States Department of Justice, for an original
515	identification card. In order to prove such nonimmigrant
516	classification, applicants may produce but are not limited to
517	the following documents:
518	(I) A notice of hearing from an immigration court
519	scheduling a hearing on any proceeding.
520	(II) A notice from the Board of Immigration Appeals
521	acknowledging pendency of an appeal.
522	(III) Notice of the approval of an application for
523	adjustment of status issued by the United States Immigration and
524	Naturalization Service.
525	(IV) Any official documentation confirming the filing of a
526	petition for asylum status or any other relief issued by the
527	United States Immigration and Naturalization Service.
528	(V) Notice of action transferring any pending matter from
529	another jurisdiction to Florida, issued by the United States
530	Immigration and Naturalization Service.
531	(VI) Order of an immigration judge or immigration officer
532	granting any relief that authorizes the alien to live and work
533	in the United States including, but not limited to asylum.
534
535	Presentation of any of the foregoing documents in sub-
536	subparagraph f. or sub-subparagraph g. entitlesshall entitle
537	the applicant to an identification carda driver's license or
538	temporary permitfor a period not to exceed the expiration date
539	of the document presented or 2 years, whichever first occurs.
540	(2)
541	(b) Notwithstanding any other provision of this chapter,
542	if an applicant establishes his or her identity for an
543	identification card using a document authorized under sub-
544	subparagraph (1)(a)3.e.(a)3.d., the identification card shall
545	expire on the fourth birthday of the applicant following the
546	date of original issue or upon first renewal or duplicate issued
547	after implementation of this section. After an initial showing
548	of such documentation, he or she is exempted from having to
549	renew or obtain a duplicate in person.
550	(c) Notwithstanding any other provisions of this chapter,
551	if an applicant establishes his or her identity for an
552	identification card using an identification document authorized
553	under sub-subparagraph (1)(a)3.f. or sub-subparagraph (1)(a)3.g.
554	sub-subparagraphs (a)3.e.-f., the identification card shall
555	expire 4 years after the date of issuance or upon the expiration
556	date cited on the United States Department of Justice documents,
557	whichever date first occurs, and may not be renewed or obtain a
558	duplicate except in person.
559	(8) The department shall, upon receipt of the required
560	fee, issue to each qualified applicant for an identification
561	card a color photographic or digital image identification card
562	bearing a fullface photograph or digital image of the
563	identification cardholder. Notwithstanding chapter 761 or s.
564	761.05, the requirement for a fullface photograph or digital
565	image of the identification cardholder shall not be waived. A
566	space shall be provided upon which the identification cardholder
567	shall affix his or her usual signature, as required in s.
568	322.14, in the presence of an authorized agent of the department
569	so as to ensure that such signature becomes a part of the
570	identification card.
571	Section 23. Paragraph (c) of subsection (2) of section
572	322.08, Florida Statutes, is amended to read:
573	322.08 Application for license.--
574	(2) Each such application shall include the following
575	information regarding the applicant:
576	(c) Proof of identity satisfactory to the department. Such
577	proof must include one of the following documents issued to the
578	applicant:
579	1. A driver's license record or identification card record
580	from another jurisdiction that required the applicant to submit
581	a document for identification which is substantially similar to
582	a document required under subparagraph 2., subparagraph 3.,
583	subparagraph 4., subparagraph 5., or subparagraph 6., or
584	subparagraph 7.;
585	2. A certified copy of a United States birth certificate;
586	3. A validUnited States passport;
587	4. A naturalization certificate issued by the United
588	States Department of Justice;
589	5.4.An alien registration receipt card (green card);
590	6.5.An employment authorization card issued by the United
591	States Department of Justice; or
592	7.6.Proof of nonimmigrant classification provided by the
593	United States Department of Justice, for an original driver's
594	license. In order to prove such nonimmigrant classification,
595	applicants may produce, but are not limited to, the following
596	documents:
597	a. A notice of hearing from an immigration court
598	scheduling a hearing on any proceeding.
599	b. A notice from the Board of Immigration Appeals
600	acknowledging pendency of an appeal.
601	c. Notice of the approval of an application for adjustment
602	of status issued by the United States Immigration and
603	Naturalization Service.
604	d. Any official documentation confirming the filing of a
605	petition for asylum status or any other relief issued by the
606	United States Immigration and Naturalization Service.
607	e. Notice of action transferring any pending matter from
608	another jurisdiction to Florida issued by the United States
609	Immigration and Naturalization Service.
610	f. Order of an immigration judge or immigration officer
611	granting any relief that authorizes the alien to live and work
612	in the United States, including, but not limited to, asylum.
613
614	Presentation of any of the documents in subparagraph 6. or
615	subparagraph 7. entitles the applicant to a driver's license or
616	temporary permit for a period not to exceed the expiration date
617	of the document presented or 2 years, whichever first occurs.
618	Section 24. Subsection (9) is added to section 322.135,
619	Florida Statutes, to read:
620	322.135 Driver's license agents.--
621	(9) Notwithstanding chapter 116, every county officer
622	within this state authorized to collect funds provided for in
623	this chapter shall pay all sums officially received by the
624	officer into the State Treasury no later than 5 working days
625	after the close of the business day in which the officer
626	received the funds. Payment by county officers to the state
627	shall be made by means of electronic funds transfer.
628	Section 25. Subsection (1) of section 322.142, Florida
629	Statutes, is amended to read:
630	322.142 Color photographic or digital imaged licenses.--
631	(1) The department shall, upon receipt of the required
632	fee, issue to each qualified applicant for aan original
633	driver's license a color photographic or digital imaged driver's
634	license bearing a fullface photograph or digital image of the
635	licensee. Notwithstanding chapter 761 or s. 761.05, the
636	requirement for a fullface photograph or digital image of the
637	licensee shall not be waived.A space shall be provided upon
638	which the licensee shall affix his or her usual signature, as
639	required in s. 322.14, in the presence of an authorized agent of
640	the department so as to ensure that such signature becomes a
641	part of the license.
642	Section 26. Subsection (3) of section 322.17, Florida
643	Statutes, is amended to read:
644	322.17 Duplicate and replacement certificates.--
645	(3) Notwithstanding any other provisions of this chapter,
646	if a licensee establishes his or her identity for a driver's
647	license using an identification document authorized under s.
648	322.08(2)(c)6. or 7.322.08(2)(c)5.-6., the licensee may not
649	obtain a duplicate or replacement instruction permit or driver's
650	license except in person and upon submission of an
651	identification document authorized under s. 322.08(2)(c)6. or 7.
652	322.08(2)(c)5.-6.
653	Section 27. Paragraphs (c) and (d) of subsection (2) and
654	paragraphs (b) and (c) of subsection (4) of section 322.18,
655	Florida Statutes, are amended to read:
656	322.18 Original applications, licenses, and renewals;
657	expiration of licenses; delinquent licenses.--
658	(2) Each applicant who is entitled to the issuance of a
659	driver's license, as provided in this section, shall be issued a
660	driver's license, as follows:
661	(c) Notwithstanding any other provision of this chapter,
662	if an applicant establishes his or her identity for a driver's
663	license using a document authorized under s. 322.08(2)(c)5.
664	322.08(2)(c)4., the driver's license shall expire in accordance
665	with paragraph (b). After an initial showing of such
666	documentation, he or she is exempted from having to renew or
667	obtain a duplicate in person.
668	(d) Notwithstanding any other provision of this chapter,
669	if applicant establishes his or her identity for a driver's
670	license using a document authorized in s. 322.08(2)(c)6. or 7.
671	322.08(2)(c)5. or 6., the driver's license shall expire 24
672	years after the date of issuance or upon the expiration date
673	cited on the United States Department of Justice documents,
674	whichever date first occurs.
675	(4)
676	(b) Notwithstanding any other provision of this chapter,
677	if an applicant establishes his or her identity for a driver's
678	license using a document authorized under s. 322.08(2)(c)5.
679	322.08(2)(c)4., the license, upon an initial showing of such
680	documentation, is exempted from having to renew or obtain a
681	duplicate in person, unless the renewal or duplication coincides
682	with the periodic reexamination of a driver as required pursuant
683	to s. 322.121.
684	(c) Notwithstanding any other provision of this chapter,
685	if a licensee establishes his or her identity for a driver's
686	license using an identification document authorized under s.
687	322.08(2)(c)6. or 7.322.08(2)(c)5. or 6., the licensee may not
688	renew the driver's license except in person and upon submission
689	of an identification document authorized under s. 322.08(2)(c)6.
690	or 7.322.08(2)(c)4.-6.A driver's license renewed under this
691	paragraph expires 24years after the date of issuance or upon
692	the expiration date cited on the United States Department of
693	Justice documents, whichever date first occurs.
694	Section 28. Subsection (4) of section 322.19, Florida
695	Statutes, is amended to read:
696	322.19 Change of address or name.--
697	(4) Notwithstanding any other provision of this chapter,
698	if a licensee established his or her identity for a driver's
699	license using an identification document authorized under s.
700	322.08(2)(c)6. or 7.322.08(2)(c)5.-6., the licensee may not
701	change his or her name or address except in person and upon
702	submission of an identification document authorized under s.
703	322.08(2)(c) 6. or 7.322.08(2)(c)4.-6.
704	Section 29. Paragraph (a) of subsection (11) of section
705	322.20, Florida Statutes, is amended to read:
706	322.20 Records of the department; fees; destruction of
707	records.--
708	(11)(a) The department is authorized to charge the
709	following fees for the following services and documents:
710	1. For providing a transcript of any one individual's
711	driver history record or any portion thereof for the past 3
712	years or for searching for such record when no record is found
713	to be on file $2.10
714	2. For providing a transcript of any one individual's
715	driver history record or any portion thereof for the past 7
716	years or for searching for such record when no record is found
717	to be on file $3.10
718	3. For providing a certified copy of a transcript of the
719	driver history record or any portion thereof for any one
720	individual $3.10
721	4. For providing a certified photographic copy of a
722	document, per page $1.00
723	5. For providing an exemplified record $15.00
724	6. For providing photocopies of documents, papers,
725	letters, clearances, or license or insurance status reports, per
726	page $0.50
727	7. For assisting persons in searching any one individual's
728	driver record at a terminal located at the department's general
729	headquarters in Tallahassee $2.00
730	8. For providing electronic access to driver's license
731	status report by name, sex, and date of birth or by driver's
732	license number, 50 cents per item, except that information
733	provided via the department's Internet website shall be free of
734	charge.
735	Section 30. Subsection (4) of section 322.53, Florida
736	Statutes, is amended to read:
737	322.53 License required; exemptions.--
738	(2) The following persons are exempt from the requirement
739	to obtain a commercial driver's license:
740	(a) Drivers of authorized emergency vehicles.
741	(b) Military personnel driving military vehicles.
742	(c) Farmers transporting farm supplies or farm machinery
743	within 150 miles of their farm, or transporting agricultural
744	products to or from the first place of storage or processing or
745	directly to or from market, within 150 miles of their farm.
746	(d) Drivers of recreational vehicles, as defined in s.
747	320.01.
748	(e) Drivers who operate straight trucks, as defined in s.
749	316.003, that are exclusively transporting their own tangible
750	personal property which is not for sale.
751	(f) An employee of a publicly owned transit system who is
752	limited to moving vehicles for maintenance or parking purposes
753	exclusively within the restricted-access confines of a transit
754	system's property.
755	(4) A resident who is exempt from obtaining a commercial
756	driver's license pursuant to paragraph (2)(a) or paragraph
757	(2)(c) and who drives a commercial motor vehicle must obtain at
758	least a Class D driver's license endorsed to authorize the
759	operation of the particular type of vehicle for which his or her
760	exemption is granted.
761	Section 31. Paragraph (b) of subsection (3) of section
762	328.01, Florida Statutes, is amended to read:
763	328.01 Application for certificate of title.--
764	(3)
765	(b) If the application for transfer of title is based upon
766	a contractual default, the recorded lienholder shall establish
767	proof of right to ownership by submitting with the application
768	the original certificate of title and a copy of the applicable
769	contract upon which the claim of ownership is made. If the claim
770	is based upon a court order or judgment, a copy of such document
771	shall accompany the application for transfer of title. If, on
772	the basis of departmental records, there appears to be any other
773	lien on the vessel, the certificate of title must contain a
774	statement of such a lien, unless the application for a
775	certificate of title is either accompanied by proper evidence of
776	the satisfaction or extinction of the lien or contains a
777	statement certifying that any lienholder named on the last-
778	issued certificate of title has been sent notice by certified
779	mail, at least 5 days before the application was filed, of the
780	applicant's intention to seek a repossessed title. If such
781	notice is given and no written protest to the department is
782	presented by a subsequent lienholder within 15 days after the
783	date on which the notice was mailed, the certificate of title
784	shall be issued showing no liens. If the former owner or any
785	subsequent lienholder files a written protest under oath within
786	the 15-day period, the department shall not issue the
787	repossessed certificate for 10 days thereafter. If, within the
788	10-day period, no injunction or other order of a court of
789	competent jurisdiction has been served on the department
790	commanding it not to deliver the certificate, the department
791	shall deliver the repossessed certificate to the applicant, or
792	as is otherwise directed in the application, showing no other
793	liens than those shown in the application.
794	Section 32. Subsection (4) of section 328.03, Florida
795	Statutes, is amended to read:
796	328.03 Certificate of title required.--
797	(4) A certificate of title is prima facie evidence of the
798	ownership of the vessel. A certificate of title is good for the
799	life of the vessel so long as the certificate is owned or held
800	by the legal holder. If a titled vessel is destroyed or
801	abandoned, the owner, with the consent of any recorded
802	lienholders, shall, within 30 days after the destruction or
803	abandonment, surrender to the department for cancellation any
804	and all title documents. If a titled vessel is insured and the
805	insurer has paid the owner for the total loss of the vessel, the
806	insurer shall obtain the title to the vessel and transfer the
807	title, within 30 days after receiving the title, forward the
808	title to the Department of Highway Safety and Motor Vehicles for
809	cancellation. The insurer may retain the certificate of title
810	when payment for the loss was made because of the theft of the
811	vessel.
812	Section 33. Subsection (2) of section 328.11, Florida
813	Statutes, is amended to read:
814	328.11 Duplicate certificate of title.--
815	(2) In addition to the fee imposed by subsection (1), the
816	Department of Highway Safety and Motor Vehicles shall charge a
817	fee of $5 for expedited service in issuing a duplicate
818	certificate of title. Application for such expedited service may
819	be made by mail or in person. The department shall issue each
820	certificate of title applied for under this subsection within 5
821	working days after receipt of a proper application or shall
822	refund the additional $5 fee upon written request by the
823	applicant.
824	Section 34. Subsections (3) through (9) of section 328.17,
825	Florida Statutes, are amended to read:
826	328.17 Nonjudicial sale of vessels.--
827	(3) Unless otherwise stated, all nonjudicial sales as
828	provided in this section shall be subject to prior recorded
829	liens against said vessels.
830	(3)(4)Written leases for the storage of undocumented
831	vessels which are executed between a marina in this state and
832	persons who own such undocumented vessels shall contain a
833	provision which authorizes the marina to sell such vessels at a
834	nonjudicial sale in the event of nonpayment of rent for a period
835	of 6 months. Said provision shall be set forth in bold print.
836	Such leases are valid and enforceable under the following
837	conditions:
838	(a) The written lease contains the address of the vessel
839	owner and the marina sends written notice by certified or
840	registered mail, return receipt requested, to the address of the
841	vessel owner as set forth in the lease at least 30 days prior to
842	the proposed sale.
843	(b) The marina sends written notice of nonjudicial sale by
844	certified or registered letter, return receipt requested, to
845	each recorded lienholder of such vessel registered with this
846	state as shown by the records of the Department of Highway
847	Safety and Motor Vehicles at least 30 days prior to the proposed
848	sale. In the event the vessel is registered with another state,
849	such verification and notification of lienholder interests shall
850	be based on records maintained by the vessel registering
851	authority of the other state.
852	(c) The marina publishes in a newspaper of general
853	circulation in the county in which the marina is located a
854	notice indicating the time and place of the sale; a complete
855	description of the vessel; and a statement that the sale will be
856	a public sale at auction to the highest bidder, provided the
857	sale price is greater than 50 percent of the fair market value
858	of said vessel. Fair market value shall be determined by two
859	independent appraisals by factory representatives of the
860	vessel's manufacturer or licensed marine surveyors. The notice
861	shall be published at least 10 days prior to the sale.
862	(4)(5)In the event the proceeds from a sale conducted in
863	conformance with the provisions of subsection (3)(4)exceed the
864	storage fees due and owing on the vessel as of the date of sale,
865	together with the costs of the sale, including publication costs
866	and appraisal costs, the balance of the proceeds shall be
867	deposited within 72 hours of the sale with the clerk of the
868	circuit court of the county in which the sale is held, to be
869	returned to the owner or lienholder of the vessel sold upon
870	application within 1 year from the date of the sale by the owner
871	or lienholder, less any fee charged by the clerk for such
872	deposit, as allowed by law.
873	(5)(6)In making application for transfer of title from a
874	previous owner in default of marina storage fees, the new owner
875	shall establish proof of ownership by submitting with the
876	application, which includes the applicable fees and original
877	bill of sale executed by the marina, a certified copy of the
878	written lease signed by the marina and the previous owner, a
879	copy of each registered or certified letter sent by the marina
880	to the previous owner and lienholder, certified copies of the
881	appraisals as required in paragraph (3)(c)(4)(c), a certified
882	copy of the signed receipt from the clerk of the circuit court
883	for any proceeds from the sale deposited with the county in
884	which the sale was held, and a certified copy of the public
885	notice of intent to sell published in a newspaper of general
886	circulation in the county in which the marina is located. At the
887	time the purchase price is paid, the marina shall provide the
888	documentation required by this subsection to the purchaser.
889	(6)(7)Any person who, with the consent of the owner, has
890	physical possession of an undocumented unclaimed vessel for
891	repairs, improvements, or other work shall have an unrecorded
892	lien against the vessel for all reasonable costs of the
893	completed work and associated reasonable towing and storage
894	charges levied against the vessel. If the costs which give rise
895	to such a lien are due and unpaid 90 days after the vessel owner
896	is given written notice of the completed work, said person may
897	sell the vessel, including its machinery, rigging, and
898	accessories, at public auction. Wrecker service in and of itself
899	shall not constitute repair or storage, and the charge for such
900	service shall not be grounds for the establishment of a lien
901	interest in the vessel. The sale of such vessel shall be valid
902	and enforceable under the following conditions:
903	(a) The person who intends to sell an undocumented vessel
904	registered with the state sends written notice of nonjudicial
905	sale and an itemized invoice of the charges owed and due to the
906	owners and recorded lienholders of said vessel at least 30 days
907	prior to the sale. Such notice shall be considered made when
908	certified or registered letters, return receipt requested, are
909	mailed to the owners and recorded lienholders at the latest
910	address of each as shown by the records of the Department of
911	Highway Safety and Motor Vehicles. In the event said vessel is
912	registered in another state, such verification and notification
913	shall be based on ownership and lienholder interest records
914	maintained by the vessel registering authority of the other
915	state.
916	(b) A notice is published in a newspaper of general
917	circulation in the county in which the repair business is
918	located and in the county of the owner's last known address at
919	least 10 days prior to the date of the sale. Such notice shall
920	indicate the time and place of the sale; shall contain a
921	complete description of the vessel, including the name of any
922	known owner; and shall contain a statement that the sale will be
923	a public sale at auction to the highest bidder, provided the
924	sale price is greater than 50 percent of the fair market value
925	of said vessel. Fair market value shall be determined by two
926	independent appraisals by factory representatives of the
927	vessel's manufacturer or licensed marine surveyors.
928	(c) The proceeds from the sale, less the costs incurred in
929	the sale and the reasonable costs for the work done on the
930	vessel and associated reasonable towing and storage costs, shall
931	be deposited within 72 hours after the sale with the clerk of
932	the circuit court of the county in which the sale is held. Upon
933	receipt of the proceeds, the clerk shall be entitled to receive
934	5 percent of said proceeds for the care and disbursement
935	thereof. At any time within 1 year after the sale of such
936	vessel, the former owners or lienholders of the vessel may
937	recover the net proceeds by filing a claim with the clerk
938	against the county.
939	(7)(8) When any vessel is sold pursuant to subsection (6)
940	(7), the person selling the vessel, at the time the purchase
941	price is paid, shall deliver to the purchaser an executed bill
942	of sale and certified copies of the documentation required by
943	subsection (6)(7).
944	(8)(9)In making application for transfer of title from a
945	previous owner whose vessel is sold pursuant to subsection (6)
946	(7), the new owner shall establish proof of ownership by
947	submitting with the application, which includes the applicable
948	fees and sales tax, the original bill of sale executed by the
949	repair business, certified copies of the documentation required
950	by subsection (6)(7), and a certified copy of the signed
951	receipt from the clerk of the circuit court for any proceeds
952	from the sale deposited with the county in which the sale was
953	held.
954	Section 35. This act shall take effect upon becoming a
955	law.
956