Senate Bill sb0682

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    Florida Senate - 2003                                   SB 682

    By Senator Sebesta





    16-701-03

  1                      A bill to be entitled

  2         An act relating to highway safety and motor

  3         vehicles; amending s. 316.1932, F.S.; revising

  4         requirements relating to the notice of consent

  5         for sobriety testing which is printed on

  6         driver's licenses; amending s. 316.302, F.S.;

  7         revising provisions relating to an exemption

  8         from federal vision standards for specified

  9         commercial driver's licenses; amending s.

10         316.605, F.S.; providing for the placement of

11         motor vehicle license plates on certain

12         government-owned vehicles; amending s. 320.01,

13         F.S.; revising the definition of the terms

14         "apportioned vehicle" and "commercial motor

15         vehicle"; amending s. 320.05, F.S.; providing

16         that certain motor vehicle and vessel

17         information is available free of charge via the

18         website of the Department of Highway Safety and

19         Motor Vehicles; amending s. 320.06, F.S.;

20         correcting a cross-reference; amending s.

21         320.0605, F.S.; exempting specified vehicles

22         from the requirement that the certificate of

23         registration must be carried in the vehicle at

24         all times; amending s. 320.071, F.S.;

25         eliminating the requirement that vehicle

26         registration renewals must occur in the county

27         of residency; amending s. 320.072, F.S.;

28         revising provisions relating to certain motor

29         vehicle registration transactions; amending s.

30         320.0821, F.S.; revising provisions relating to

31         the placement of motor vehicle license plates

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 1         on wreckers; amending s. 320.086, F.S.;

 2         revising provisions relating to historical

 3         license plates; amending s. 320.18, F.S.;

 4         authorizing the Department of Highway Safety

 5         and Motor Vehicles to withhold vessel

 6         registrations under specified conditions;

 7         amending s. 320.27, F.S.; requiring that motor

 8         vehicle dealers maintain certain records for 5

 9         years; amending s. 320.58, F.S.; authorizing

10         inspectors employed by the Department of

11         Highway Safety and Motor Vehicles to enforce

12         certain provisions relating to off-highway

13         vehicles and vessels; amending s. 320.8249,

14         F.S.; revising provisions relating to licensed

15         mobile home installers; amending s. 322.135,

16         F.S.; providing a time period for county

17         officers to pay certain funds to the State

18         Treasury by electronic funds transfer; amending

19         s. 322.20, F.S.; providing that certain

20         driver's license information is available free

21         of charge via the website of the Department of

22         Highway Safety and Motor Vehicles; amending s.

23         322.53, F.S.; revising provisions relating to

24         commercial driver's license exemptions;

25         amending s. 328.01, F.S.; revising requirements

26         relating to the repossession of vessels;

27         amending s. 328.03, F.S.; revising requirements

28         relating to the cancellation of vessel titles;

29         amending s. 328.11, F.S.; revising requirements

30         relating to the issuance of a duplicate

31         certificate of title for vessels; amending s.

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 1         328.17, F.S.; revising provisions relating to

 2         the nonjudicial sale of vessels; amending s.

 3         328.56, F.S.; revising requirements relating to

 4         the display of vessel registration numbers;

 5         amending s. 328.735, F.S.; eliminating the

 6         requirement that vessel registration renewals

 7         must occur in the county of residency;

 8         providing an effective date.

 9  

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

11  

12         Section 1.  Paragraph (e) of subsection (1) of section

13  316.1932, Florida Statutes, is amended to read:

14         316.1932  Breath, blood, and urine tests for alcohol,

15  chemical substances, or controlled substances; implied

16  consent; refusal.--

17         (1)

18         (e)1.  By applying for a driver's license and by

19  accepting and using a driver's license, the person holding the

20  driver's license is deemed to have expressed his or her

21  consent to the provisions of this section.

22         2.  A nonresident or any other person driving in a

23  status exempt from the requirements of the driver's license

24  law, by his or her act of driving in such exempt status, is

25  deemed to have expressed his or her consent to the provisions

26  of this section.

27         3.  A warning of the consent provision of this section

28  shall be printed above the signature line on each new or

29  renewed driver's license.

30         Section 2.  Paragraph (i) of subsection (2) of section

31  316.302, Florida Statutes, is amended to read:

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 1         316.302  Commercial motor vehicles; safety regulations;

 2  transporters and shippers of hazardous materials;

 3  enforcement.--

 4         (2)

 5         (i)  A person who was a regularly employed driver of a

 6  commercial motor vehicle on July 4, 1987, and whose driving

 7  record shows no traffic convictions, pursuant to s. 322.61,

 8  during the 2-year period immediately preceding the application

 9  for the commercial driver's license, and who is otherwise

10  qualified as a driver under 49 C.F.R. part 391, and who

11  operates a commercial vehicle in intrastate commerce only,

12  shall be exempt from the requirements of 49 C.F.R. part 391,

13  subpart E, s. 391.41(b)(10). However, such operators are still

14  subject to the requirements of ss. 322.12 and 322.121.  As

15  proof of eligibility such driver shall have in his or her

16  possession a physical examination form dated within the past

17  24 months.

18         Section 3.  Subsection (1) of section 316.605, Florida

19  Statutes, is amended to read:

20         316.605  Licensing of vehicles.--

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

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

23  shall be licensed in the name of the owner thereof in

24  accordance with the laws of this state unless such vehicle is

25  not required by the laws of this state to be licensed in this

26  state and shall, except as otherwise provided in s. 320.0706

27  for front-end registration license plates on truck tractors or

28  wreckers, display the license plate or both of the license

29  plates assigned to it by the state, one on the rear and, if

30  two, the other on the front of the vehicle, each to be

31  securely fastened to the vehicle outside the main body of the

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 1  vehicle in such manner as to prevent the plates from swinging,

 2  with all letters, numerals, printing, writing, and other

 3  identification marks upon the plates clear and distinct and

 4  free from defacement, mutilation, grease, and other obscuring

 5  matter, so that they will be plainly visible and legible at

 6  all times 100 feet from the rear or front. In addition, if

 7  only one registration plate is issued for a motor vehicle

 8  equipped with a mechanical loading device that may damage the

 9  plate, the plate may be attached to the front of the vehicle.

10  Nothing shall be placed upon the face of a Florida plate

11  except as permitted by law or by rule or regulation of a

12  governmental agency. No license plates other than those

13  furnished by the state shall be used.  However, if the vehicle

14  is not required to be licensed in this state, the license

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

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

17  a foreign country, substantially complying with the provisions

18  hereof, shall be considered as complying with this chapter. A

19  government license plate that is issued to a truck tractor or

20  heavy truck owned by a governmental entity having a GVWR of

21  26,001 pounds or more may be placed on the front of the

22  vehicle and shall be in compliance with this chapter. A

23  violation of this subsection is a noncriminal traffic

24  infraction, punishable as a nonmoving violation as provided in

25  chapter 318.

26         Section 4.  Subsections (25) and (26) of section

27  320.01, Florida Statutes, are amended to read:

28         320.01  Definitions, general.--As used in the Florida

29  Statutes, except as otherwise provided, the term:

30         (25)  "Apportionable vehicle" means any vehicle, except

31  recreational vehicles, vehicles displaying restricted plates,

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 1  city pickup and delivery vehicles, buses used in

 2  transportation of chartered parties, and government-owned

 3  vehicles, which is used or intended for use in two or more

 4  member jurisdictions that allocate or proportionally register

 5  vehicles and which is used for the transportation of persons

 6  for hire or is designed, used, or maintained primarily for the

 7  transportation of property and:

 8         (a)  Is a power unit having a gross vehicle weight in

 9  excess of 26,001 pounds or more;

10         (b)  Is a power unit having three or more axles,

11  regardless of weight; or

12         (c)  Is used in combination, when the weight of such

13  combination is exceeds 26,001 pounds or more gross vehicle

14  weight.

15  

16  Vehicles, or combinations thereof, having a gross vehicle

17  weight of 26,001 pounds or more less and two-axle vehicles may

18  be proportionally registered.

19         (26)  "Commercial motor vehicle" means any vehicle that

20  which is not owned or operated by a governmental entity, which

21  uses special fuel or motor fuel on the public highways, and

22  which has a gross vehicle weight of 26,001 pounds or more, or

23  has three or more axles regardless of weight, or is used in

24  combination when the weight of such combination is exceeds

25  26,001 pounds or more gross vehicle weight.

26         Section 5.  Subsection (3) of section 320.05, Florida

27  Statutes, is amended to read:

28         320.05  Records of the department; inspection

29  procedure; lists and searches; fees.--

30         (3)(a)  The department is authorized, upon application

31  of any person and payment of the proper fees, to prepare and

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 1  furnish lists containing motor vehicle or vessel information

 2  in such form as the department may authorize, to search the

 3  records of the department and make reports thereof, and to

 4  make photographic copies of the department records and

 5  attestations thereof.

 6         (b)  Fees therefor shall be charged and collected as

 7  follows:

 8         1.  For providing lists of motor vehicle or vessel

 9  records for the entire state, or any part or parts thereof,

10  divided according to counties, a sum computed at a rate of not

11  less than 1 cent nor more than 5 cents per item.

12         2.  For providing noncertified photographic copies of

13  motor vehicle or vessel documents, $1 per page.

14         3.  For providing noncertified photographic copies of

15  micrographic records, $1 per page.

16         4.  For providing certified copies of motor vehicle or

17  vessel records, $3 per record.

18         5.  For providing noncertified computer-generated

19  printouts of motor vehicle or vessel records, 50 cents per

20  record.

21         6.  For providing certified computer-generated

22  printouts of motor vehicle or vessel records, $3 per record.

23         7.  For providing electronic access to motor vehicle,

24  vessel, and mobile home registration data requested by tag,

25  vehicle identification number, title number, or decal number,

26  50 cents per item, except that information provided via the

27  department's Internet website is free of charge.

28         8.  For providing electronic access to driver's license

29  status report by name, sex, and date of birth or by driver

30  license number, 50 cents per item.

31  

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 1         8.9.  For providing lists of licensed mobile home

 2  dealers and manufacturers and recreational vehicle dealers and

 3  manufacturers, $15 per list.

 4         9.10.  For providing lists of licensed motor vehicle

 5  dealers, $25 per list.

 6         10.11.  For each copy of a videotape record, $15 per

 7  tape.

 8         11.12.  For each copy of the Division of Motor Vehicles

 9  Procedures Manual, $25.

10         (c)  Fees collected pursuant to paragraph (b) shall be

11  deposited into the Highway Safety Operating Trust Fund.

12         (d)  The department shall furnish such information

13  without charge to any court or governmental entity.

14         (e)  When motor vehicle, vessel, or mobile home

15  registration data is provided by electronic access through a

16  tax collector's office, a fee for the electronic access is not

17  required to be assessed. However, at the tax collector's

18  discretion, a fee equal to or less than the fee charged by the

19  department for such information may be assessed by the tax

20  collector for the electronic access. Notwithstanding paragraph

21  (c), any funds collected by the tax collector as a result of

22  providing such access shall be retained by the tax collector.

23         Section 6.  Subsection (4) of section 320.06, Florida

24  Statutes, is amended to read:

25         320.06  Registration certificates, license plates, and

26  validation stickers generally.--

27         (4)  The corporation organized under chapter 946 may

28  manufacture license plates, validation stickers, and decals,

29  as well as temporary tags, disabled hang tags, vessel decals,

30  and fuel use decals, for the Department of Highway Safety and

31  Motor Vehicles as provided in this chapter and chapter 328

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 1  327. The Department of Highway Safety and Motor Vehicles is

 2  not required to obtain competitive bids in order to contract

 3  with the corporation.

 4         Section 7.  Section 320.0605, Florida Statutes, is

 5  amended to read:

 6         320.0605  Certificate of registration; possession

 7  required; exception.--The registration certificate or an

 8  official copy thereof, a true copy of a rental or lease

 9  agreement issued for a motor vehicle or issued for a

10  replacement vehicle in the same registration period, a

11  temporary receipt printed upon self-initiated electronic

12  renewal of a registration via the Internet, or a cab card

13  issued for a vehicle registered under the International

14  Registration Plan shall, at all times while the vehicle is

15  being used or operated on the roads of this state, be in the

16  possession of the operator thereof or be carried in the

17  vehicle for which issued and shall be exhibited upon demand of

18  any authorized law enforcement officer or any agent of the

19  department, except for vehicles registered under s. 320.0657.

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

21  30 days after purchase of a replacement vehicle. A violation

22  of this section is a noncriminal traffic infraction,

23  punishable as a nonmoving violation as provided in chapter

24  318.

25         Section 8.  Paragraph (a) of subsection (1) of section

26  320.071, Florida Statutes, is amended to read:

27         320.071  Advance registration renewal; procedures.--

28         (1)(a)  The owner of any motor vehicle or mobile home

29  currently registered in this state may file an application for

30  renewal of registration with the department, or its authorized

31  agent in the county wherein the owner resides, any time during

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 1  the 3 months preceding the date of expiration of the

 2  registration period.

 3         Section 9.  Paragraph (b) of subsection (2) of section

 4  320.072, Florida Statutes, is amended to read:

 5         320.072  Additional fee imposed on certain motor

 6  vehicle registration transactions.--

 7         (2)  The fee imposed by subsection (1) shall not apply

 8  to:

 9         (b)  A transfer or exchange of a registration license

10  plate from a motor vehicle that has been disposed of to a

11  newly acquired motor vehicle pursuant to s. 320.0609(2) or

12  (5). However, the department is responsible only for a search

13  of its records for the previous 7-year period prior to the

14  date the transaction is processed.

15         Section 10.  Section 320.0821, Florida Statutes, is

16  amended to read:

17         320.0821  Wrecker license plates.--

18         (1)  The department shall issue one a wrecker license

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

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

21  transport motor vehicles and that is equipped for that purpose

22  with a boom, winch, carrier, or other similar equipment,

23  except a motor vehicle registered under the International

24  Registration Plan, upon application and payment of the

25  appropriate license tax and fees in accordance with s.

26  320.08(5)(d) or (e).

27         (2)  A license plate issued under this section shall

28  have the word "Wrecker" imprinted on the bottom of the plate

29  in place of the county name.

30         (3)  Any license plate issued under s. 320.08(5)(e)

31  shall be in a distinctive color approved by the department.

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 1         (4)  For any license plate issued under this section to

 2  any wrecker, when the combined gross vehicle weight of the

 3  wrecker and any towed vehicle or vehicles is 55,000 pounds or

 4  more, at the time of registration or renewal of registration,

 5  every owner or person in charge of such wrecker shall present

 6  proof of filing or proof of payment, as applicable, of the

 7  federal heavy vehicle use tax in accordance with s. 320.02(7).

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

 9  rear of the vehicle.

10         Section 11.  Subsection (4) of section 320.086, Florida

11  Statutes, is amended to read:

12         320.086  Ancient or antique motor vehicles; "horseless

13  carriage," antique, or historical license plates.--

14         (4)  Any person who is the registered owner of a motor

15  vehicle as defined in this section and manufactured in the

16  model year 1975 1974 or earlier, may apply to the department

17  for permission to use a historical Florida license plate that

18  clearly represents the model year of the vehicle as a

19  personalized prestige license plate.  This plate shall be

20  furnished by such person and shall be presented to the

21  department with a reasonable fee to be determined by the

22  department for approval and for authentication that the

23  historic license plate and any applicable decals were issued

24  by this state in the same year as the model year of the car or

25  truck. The requirements of s. 320.0805(8)(b) do not apply to

26  historical plates authorized under this subsection.

27         Section 12.  Subsection (1) of section 320.18, Florida

28  Statutes, is amended to read:

29         320.18  Withholding registration.--

30         (1)  The department may withhold the registration of

31  any motor vehicle, vessel, or mobile home the owner of which

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 1  has failed to register it under the provisions of law for any

 2  previous period or periods for which it appears registration

 3  should have been made in this state, until the tax for such

 4  period or periods is paid. The department may cancel any

 5  license plate, vessel registration, or fuel-use tax decal if

 6  the owner pays for the license plate, fuel-use tax decal, or

 7  any tax liability, penalty, or interest specified in chapter

 8  207 by a dishonored check, or if the vehicle owner or motor

 9  carrier has failed to pay a penalty for a weight or safety

10  violation issued by the Department of Transportation Motor

11  Carrier Compliance Office. The Department of Transportation

12  and the Department of Highway Safety and Motor Vehicles may

13  impound any commercial motor vehicle that has a canceled

14  license plate or fuel-use tax decal until the tax liability,

15  penalty, and interest specified in chapter 207, the license

16  tax, or the fuel-use decal fee, and applicable administrative

17  fees have been paid for by certified funds.

18         Section 13.  Subsection (6) of section 320.27, Florida

19  Statutes, is amended to read:

20         320.27  Motor vehicle dealers.--

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

22  shall keep for 5 years a book or record in a such form as

23  shall be prescribed or approved by the department, in which

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

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

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

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

28  vehicle together with the name and address of the seller, the

29  purchaser, and the alleged owner or other person from whom

30  such motor vehicle was purchased or received or to whom it was

31  sold or delivered, as the case may be.  Such description shall

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 1  include the identification or engine number, maker's number,

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

 3  identification marks as may be thereon and shall also include

 4  a statement that a number has been obliterated, defaced, or

 5  changed, if such is the fact.

 6         Section 14.  Paragraph (a) of subsection (1) of section

 7  320.58, Florida Statutes, is amended to read:

 8         320.58  License inspectors; powers, appointment.--

 9         (1)(a)  The department shall appoint as many license

10  inspectors and supervisors as it deems necessary to enforce

11  the provisions of this chapter and chapters 317, 319, 322, and

12  324, and 328. In order to enforce the provisions of these

13  laws, the inspectors are empowered to enter on both publicly

14  owned and privately owned property and to issue uniform

15  traffic citations to persons found in violation thereof. The

16  department is further empowered to delegate the power to issue

17  uniform traffic citations to persons acting as its agents for

18  the purpose of enforcing the registration provisions of this

19  chapter, which may include, but not be limited to, personnel

20  employed by district school boards as agreed to by the school

21  board and the county tax collector.

22         Section 15.  Subsection (9) of section 320.8249,

23  Florida Statutes, is amended to read:

24         320.8249  Mobile home installers license.--

25         (9)  No licensed person nor licensed applicant shall:

26         (a)  Obtain a mobile home installers license by fraud

27  or misrepresentation.

28         (b)  Be convicted or found guilty of, or enter a plea

29  of nolo contendere to, regardless of adjudication, a crime in

30  any jurisdiction which directly relates to the practice of

31  mobile home installation or the ability to practice.

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 1         (c)  Violate any lawful order of the department or any

 2  other law of this state, including chapter 319 or this

 3  chapter.

 4         (d)  Commit fraud or deceit in the practice of

 5  contracting.

 6         (e)  Commit incompetence or misconduct in the practice

 7  of contracting.

 8         (f)  Commit gross negligence, repeated negligence, or

 9  negligence resulting in a significant danger to life or

10  property.

11         (g)  Commit violations of the installation standards

12  for mobile homes or manufactured homes contained in rules

13  15C-1 and 15C-2 15C-1.0102 to 15C-1.0104, Florida

14  Administrative Code.

15         Section 16.  Subsection (9) is added to section

16  322.135, Florida Statutes, to read:

17         322.135  Driver's license agents.--

18         (9)  Notwithstanding chapter 116, each county officer

19  within this state who is authorized to collect funds provided

20  for in this chapter shall pay all sums officially received by

21  the officer into the State Treasury no later than 5 working

22  days after the close of the business day in which the officer

23  received the funds. Payment by county officers to the state

24  shall be made by means of electronic funds transfers.

25         Section 17.  Subsection (11) of section 322.20, Florida

26  Statutes, is amended to read:

27         322.20  Records of the department; fees; destruction of

28  records.--

29         (11)(a)  The department is authorized to charge the

30  following fees for the following services and documents:

31  

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 1         1.  For providing a transcript of any one individual's

 2  driver history record or any portion thereof for the past 3

 3  years or for searching for such record when no record is found

 4  to be on file............................................$2.10

 5         2.  For providing a transcript of any one individual's

 6  driver history record or any portion thereof for the past 7

 7  years or for searching for such record when no record is found

 8  to be on file............................................$3.10

 9         3.  For providing a certified copy of a transcript of

10  the driver history record or any portion thereof for any one

11  individual...............................................$3.10

12         4.  For providing a certified photographic copy of a

13  document, per page.......................................$1.00

14         5.  For providing an exemplified record..........$15.00

15         6.  For providing photocopies of documents, papers,

16  letters, clearances, or license or insurance status reports,

17  per page.................................................$0.50

18         7.  For assisting persons in searching any one

19  individual's driver record at a terminal located at the

20  department's general headquarters in Tallahassee.........$2.00

21         8.  For providing electronic access to driver's license

22  status reports by name, gender, and date of birth, or by

23  driver license number................................$0.50 per

24  item; except that information provided via the department's

25  Internet website shall be free of charge.

26         (b)  The department shall furnish such information

27  without charge to any local, state, or federal law enforcement

28  agency or court upon proof satisfactory to the department as

29  to the purpose of the investigation.

30         Section 18.  Section 322.53, Florida Statutes, is

31  amended to read:

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 1         322.53  License required; exemptions.--

 2         (1)  Except as provided in subsection (2), every person

 3  who drives a commercial motor vehicle in this state is

 4  required to possess a valid commercial driver's license issued

 5  in accordance with the requirements of this chapter.

 6         (2)  The following persons are exempt from the

 7  requirement to obtain a commercial driver's license:

 8         (a)  Drivers of authorized emergency vehicles.

 9         (b)  Military personnel driving military vehicles.

10         (c)  Farmers transporting farm supplies or farm

11  machinery within 150 miles of their farm, or transporting

12  agricultural products to or from the first place of storage or

13  processing or directly to or from market, within 150 miles of

14  their farm.

15         (d)  Drivers of recreational vehicles, as defined in s.

16  320.01.

17         (e)  Drivers who operate straight trucks, as defined in

18  s. 316.003, that are exclusively transporting their own

19  tangible personal property which is not for sale.

20         (f)  An employee of a publicly owned transit system who

21  is limited to moving vehicles for maintenance or parking

22  purposes exclusively within the restricted-access confines of

23  a transit system's property.

24         (3)  Notwithstanding subsection (2), all drivers of

25  for-hire commercial motor vehicles are required to possess a

26  valid commercial driver's license issued in accordance with

27  the requirements of this chapter.

28         (4)  A resident who is exempt from obtaining a

29  commercial driver's license pursuant to paragraph (2)(a) or

30  paragraph (2)(c) and who drives a commercial motor vehicle

31  must obtain a Class D driver's license endorsed to authorize

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 1  the operation of the particular type of vehicle for which his

 2  or her exemption is granted.

 3         (4)(5)  A resident who is exempt from obtaining a

 4  commercial driver's license pursuant to paragraph (2)(b),

 5  paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may

 6  drive a commercial motor vehicle pursuant to the exemption

 7  granted in paragraph (2)(b), paragraph (2)(d), paragraph

 8  (2)(e), or paragraph (2)(f) if he or she possesses a valid

 9  Class D or Class E driver's license or a military license.

10         (5)(6)  The department shall adopt rules and enter into

11  necessary agreements with other jurisdictions to provide for

12  the operation of commercial vehicles by nonresidents pursuant

13  to the exemption granted in subsection (2).

14         Section 19.  Paragraph (b) of subsection (3) of section

15  328.01, Florida Statutes, is amended to read:

16         328.01  Application for certificate of title.--

17         (3)

18         (b)  If the application for transfer of title is based

19  upon a contractual default, the recorded lienholder shall

20  establish proof of right to ownership by submitting with the

21  application the original certificate of title and a copy of

22  the applicable contract upon which the claim of ownership is

23  made.  If the claim is based upon a court order or judgment, a

24  copy of such document shall accompany the application for

25  transfer of title.  If, on the basis of departmental records,

26  there appears to be any other lien on the vessel, the

27  certificate of title must contain a statement of such a lien,

28  unless the application for a certificate of title is either

29  accompanied by proper evidence of the satisfaction or

30  extinction of the lien or contains a statement certifying that

31  any lienholder named on the last-issued certificate of title

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 1  has been sent notice by certified mail, at least 5 days before

 2  the application was filed, of the applicant's intention to

 3  seek a repossessed title.  If such notice is given and no

 4  written protest to the department is presented by a subsequent

 5  lienholder within 15 days after the date on which the notice

 6  was mailed, the certificate of title shall be issued showing

 7  no liens.  If the former owner or any subsequent lienholder

 8  files a written protest under oath within the 15-day period,

 9  the department shall not issue the repossessed certificate for

10  10 days thereafter.  If, within the 10-day period, no

11  injunction or other order of a court of competent jurisdiction

12  has been served on the department commanding it not to deliver

13  the certificate, the department shall deliver the repossessed

14  certificate to the applicant, or as is otherwise directed in

15  the application, showing no other liens than those shown in

16  the application.

17         Section 20.  Subsection (4) of section 328.03, Florida

18  Statutes, is amended to read:

19         328.03  Certificate of title required.--

20         (4)  A certificate of title is prima facie evidence of

21  the ownership of the vessel. A certificate of title is good

22  for the life of the vessel so long as the certificate is owned

23  or held by the legal holder.  If a titled vessel is destroyed

24  or abandoned, the owner, with the consent of any recorded

25  lienholders, shall, within 30 days after the destruction or

26  abandonment, surrender to the department for cancellation any

27  and all title documents.  If a titled vessel is insured and

28  the insurer has paid the owner for the total loss of the

29  vessel, the insurer shall obtain the title to the vessel and

30  transfer the title, within 30 days after receiving the title,

31  forward the title to the Department of Highway Safety and

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 1  Motor Vehicles for cancellation.  The insurer may retain the

 2  certificate of title when payment for the loss was made

 3  because of the theft of the vessel.

 4         Section 21.  Subsection (2) of section 328.11, Florida

 5  Statutes, is amended to read:

 6         328.11  Duplicate certificate of title.--

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

 8  the Department of Highway Safety and Motor Vehicles shall

 9  charge a fee of $5 for expedited service in issuing a

10  duplicate certificate of title. Application for such expedited

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

12  shall issue each certificate of title applied for under this

13  subsection within 5 working days after receipt of a proper

14  application or shall refund the additional $5 fee upon written

15  request by the applicant.

16         Section 22.  Section 328.17, Florida Statutes, is

17  amended to read:

18         328.17  Nonjudicial sale of vessels.--

19         (1)  It is the intent of the Legislature that any

20  nonjudicial sale of any unclaimed vessel held for unpaid costs

21  of repairs, improvements, or other work and related storage

22  charges, or any vessel held for failure to pay removal costs

23  pursuant to s. 327.53(7), or any undocumented vessel in

24  default of marina storage fees be disposed of pursuant to the

25  provisions of this section.

26         (2)  The Department of Highway Safety and Motor

27  Vehicles shall provide certification forms for the nonjudicial

28  sale of vessels as authorized by this section.

29         (3)  Unless otherwise stated, all nonjudicial sales as

30  provided in this section shall be subject to prior recorded

31  liens against said vessels.

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 1         (3)(4)  Written leases for the storage of undocumented

 2  vessels which are executed between a marina in this state and

 3  persons who own such undocumented vessels shall contain a

 4  provision which authorizes the marina to sell such vessels at

 5  a nonjudicial sale in the event of nonpayment of rent for a

 6  period of 6 months. Said provision shall be set forth in bold

 7  print. Such leases are valid and enforceable under the

 8  following conditions:

 9         (a)  The written lease contains the address of the

10  vessel owner and the marina sends written notice by certified

11  or registered mail, return receipt requested, to the address

12  of the vessel owner as set forth in the lease at least 30 days

13  prior to the proposed sale.

14         (b)  The marina sends written notice of nonjudicial

15  sale by certified or registered letter, return receipt

16  requested, to each recorded lienholder of such vessel

17  registered with this state as shown by the records of the

18  Department of Highway Safety and Motor Vehicles at least 30

19  days prior to the proposed sale.  In the event the vessel is

20  registered with another state, such verification and

21  notification of lienholder interests shall be based on records

22  maintained by the vessel registering authority of the other

23  state.

24         (c)  The marina publishes in a newspaper of general

25  circulation in the county in which the marina is located a

26  notice indicating the time and place of the sale; a complete

27  description of the vessel; and a statement that the sale will

28  be a public sale at auction to the highest bidder, provided

29  the sale price is greater than 50 percent of the fair market

30  value of said vessel. Fair market value shall be determined by

31  two independent appraisals by factory representatives of the

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 1  vessel's manufacturer or licensed marine surveyors. The notice

 2  shall be published at least 10 days prior to the sale.

 3         (4)(5)  In the event the proceeds from a sale conducted

 4  in conformance with the provisions of subsection (3) (4)

 5  exceed the storage fees due and owing on the vessel as of the

 6  date of sale, together with the costs of the sale, including

 7  publication costs and appraisal costs, the balance of the

 8  proceeds shall be deposited within 72 hours of the sale with

 9  the clerk of the circuit court of the county in which the sale

10  is held, to be returned to the owner or lienholder of the

11  vessel sold upon application within 1 year from the date of

12  the sale by the owner or lienholder, less any fee charged by

13  the clerk for such deposit, as allowed by law.

14         (5)(6)  In making application for transfer of title

15  from a previous owner in default of marina storage fees, the

16  new owner shall establish proof of ownership by submitting

17  with the application, which includes the applicable fees and

18  original bill of sale executed by the marina, a certified copy

19  of the written lease signed by the marina and the previous

20  owner, a copy of each registered or certified letter sent by

21  the marina to the previous owner and lienholder, certified

22  copies of the appraisals as required in paragraph (3)(c)

23  (4)(c), a certified copy of the signed receipt from the clerk

24  of the circuit court for any proceeds from the sale deposited

25  with the county in which the sale was held, and a certified

26  copy of the public notice of intent to sell published in a

27  newspaper of general circulation in the county in which the

28  marina is located.  At the time the purchase price is paid,

29  the marina shall provide the documentation required by this

30  subsection to the purchaser.

31  

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 1         (6)(7)  Any person who, with the consent of the owner,

 2  has physical possession of an undocumented unclaimed vessel

 3  for repairs, improvements, or other work shall have an

 4  unrecorded lien against the vessel for all reasonable costs of

 5  the completed work and associated reasonable towing and

 6  storage charges levied against the vessel.  If the costs which

 7  give rise to such a lien are due and unpaid 90 days after the

 8  vessel owner is given written notice of the completed work,

 9  said person may sell the vessel, including its machinery,

10  rigging, and accessories, at public auction. Wrecker service

11  in and of itself shall not constitute repair or storage, and

12  the charge for such service shall not be grounds for the

13  establishment of a lien interest in the vessel.  The sale of

14  such vessel shall be valid and enforceable under the following

15  conditions:

16         (a)  The person who intends to sell an undocumented

17  vessel registered with the state sends written notice of

18  nonjudicial sale and an itemized invoice of the charges owed

19  and due to the owners and recorded lienholders of said vessel

20  at least 30 days prior to the sale. Such notice shall be

21  considered made when certified or registered letters, return

22  receipt requested, are mailed to the owners and recorded

23  lienholders at the latest address of each as shown by the

24  records of the Department of Highway Safety and Motor

25  Vehicles.  In the event said vessel is registered in another

26  state, such verification and notification shall be based on

27  ownership and lienholder interest records maintained by the

28  vessel registering authority of the other state.

29         (b)  A notice is published in a newspaper of general

30  circulation in the county in which the repair business is

31  located and in the county of the owner's last known address at

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 1  least 10 days prior to the date of the sale. Such notice shall

 2  indicate the time and place of the sale; shall contain a

 3  complete description of the vessel, including the name of any

 4  known owner; and shall contain a statement that the sale will

 5  be a public sale at auction to the highest bidder, provided

 6  the sale price is greater than 50 percent of the fair market

 7  value of said vessel. Fair market value shall be determined by

 8  two independent appraisals by factory representatives of the

 9  vessel's manufacturer or licensed marine surveyors.

10         (c)  The proceeds from the sale, less the costs

11  incurred in the sale and the reasonable costs for the work

12  done on the vessel and associated reasonable towing and

13  storage costs, shall be deposited within 72 hours after the

14  sale with the clerk of the circuit court of the county in

15  which the sale is held.  Upon receipt of the proceeds, the

16  clerk shall be entitled to receive 5 percent of said proceeds

17  for the care and disbursement thereof.  At any time within 1

18  year after the sale of such vessel, the former owners or

19  lienholders of the vessel may recover the net proceeds by

20  filing a claim with the clerk against the county.

21         (7)(8)  When any vessel is sold pursuant to subsection

22  (6) (7), the person selling the vessel, at the time the

23  purchase price is paid, shall deliver to the purchaser an

24  executed bill of sale and certified copies of the

25  documentation required by subsection (6) (7).

26         (8)(9)  In making application for transfer of title

27  from a previous owner whose vessel is sold pursuant to

28  subsection (6) (7), the new owner shall establish proof of

29  ownership by submitting with the application, which includes

30  the applicable fees and sales tax, the original bill of sale

31  executed by the repair business, certified copies of the

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 1  documentation required by subsection (6) (7), and a certified

 2  copy of the signed receipt from the clerk of the circuit court

 3  for any proceeds from the sale deposited with the county in

 4  which the sale was held.

 5         Section 23.  Section 328.56, Florida Statutes, is

 6  amended to read:

 7         328.56  Vessel registration number.--Each vessel that

 8  is used on the waters of the state must display a commercial

 9  or recreational Florida registration number, unless it is:

10         (1)  A vessel used exclusively on private lakes and

11  ponds.

12         (2)  A vessel owned by the United States Government.

13         (3)  A vessel used exclusively as a ship's lifeboat.

14         (4)  A non-motor-powered vessel.

15         (5)  A federally documented vessel.

16         (6)  A vessel already covered by a registration number

17  in full force and effect which has been awarded to it pursuant

18  to a federally approved numbering system of another state or

19  by the United States Coast Guard in a state without a

20  federally approved numbering system, if the vessel has not

21  been within this state for a period in excess of 90

22  consecutive days.

23         (7)  A vessel operating under a valid temporary

24  certificate of number.

25         (8)  A vessel from a country other than the United

26  States temporarily using the waters of this state.

27         (9)  An undocumented vessel used exclusively for

28  racing.

29         Section 24.  Subsection (1) of section 328.735, Florida

30  Statutes, is amended to read:

31         328.735  Advanced registration renewal; procedures.--

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 1         (1)  The owner of any vessel currently registered in

 2  this state may file an application for renewal of registration

 3  with the department, or its authorized agent in the county

 4  wherein the owner resides, any time during the 3 months

 5  preceding the date of expiration of the registration period.

 6         Section 25.  This act shall take effect upon becoming a

 7  law.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Revises various provisions governing the registration of
      motor vehicles and vessels. Revises requirements for the
12    placement of motor vehicle license plates on certain
      vehicles. Provides for registration information to be
13    available through the Internet website of the Department
      of Highway Safety and Motor Vehicles. Authorizes the
14    department to enforce certain laws relating to
      off-highway vehicles and vessels. Revises certain
15    requirements for the renewal of vessel and vehicle
      registrations. (See bill for details.)
16  

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