Senate Bill sb2420

    Florida Senate - 2003                                  SB 2420

    By Senator Sebesta





    16-1714-03                                         See HB 1229

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         316.6105, F.S.; revising procedures for

  4         disposition of a citation for operation of a

  5         motor vehicle in unsafe condition or without

  6         required equipment; providing for an

  7         enforcement officer of the Florida Highway

  8         Patrol to verify correction and execute the

  9         affidavit-of-compliance form; authorizing the

10         Department of Highway Safety and Motor Vehicles

11         to designate areas within current facilities

12         for inspection and collection of a fee under

13         specified procedures; providing an effective

14         date.

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

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18         Section 1.  Section 316.6105, Florida Statutes, is

19  amended to read:

20         316.6105  Violations involving operation of motor

21  vehicle in unsafe condition or without required equipment;

22  procedure for disposition.--

23         (1)  In the event that a law enforcement officer issues

24  a traffic citation for a violation of s. 316.2935 or for the

25  operation of a motor vehicle which is in an unsafe condition

26  or which is not properly equipped as required pursuant to s.

27  316.610, the law enforcement officer shall also issue an

28  affidavit-of-compliance form.

29         (2)  The person to whom the citation has been issued

30  may mitigate the civil penalty by making the necessary repair

31  and presenting the vehicle to any local police department or

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






    Florida Senate - 2003                                  SB 2420
    16-1714-03                                         See HB 1229




 1  sheriff's department or an enforcement officer of the Florida

 2  Highway Patrol in this state for inspection within 30 days

 3  after the issuance of the citation. The Department of Highway

 4  Safety and Motor Vehicles may designate areas within current

 5  facilities for inspection and collection of the fee under the

 6  procedures provided in subsection (3).

 7         (3)  The police or sheriff's department shall make

 8  available a person or persons to confirm that the defect has

 9  been corrected. If the correction has been made, such employee

10  or enforcement officer of the Florida Highway Patrol shall

11  execute the affidavit-of-compliance form in a manner

12  established by the Department of Highway Safety and Motor

13  Vehicles and return it to the person who received the

14  citation. The person who received the citation shall, upon

15  receipt of the executed affidavit of compliance, pay the

16  appropriate fine to the law enforcement agency pursuant to s.

17  318.18(2)(c) thereby completing the affidavit of compliance.

18  The affidavit of compliance shall not be construed by the

19  courts as a warranty of the mechanical condition of the motor

20  vehicle. Neither the person who confirms that a defect has

21  been corrected nor the department by which he or she is

22  employed shall be liable in damages for any defect, failure,

23  or improper functioning of any item of equipment on such motor

24  vehicle.

25         Section 2.  This act shall take effect July 1, 2003.

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