HB 1809

1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 261.03,
3	F.S.; revising the definition of "off-highway vehicle";
4	defining "two-rider ATV"; amending s. 261.05, F.S.;
5	requiring the Off-Highway Vehicle Recreation Advisory
6	Committee to conduct a study and report to the Governor
7	and the Legislature; amending s. 316.006, F.S.;
8	authorizing transfer of traffic regulatory authority from
9	a municipality to a county; amending s. 316.122, F.S.;
10	revising requirements for a left-turning vehicle to yield;
11	creating s. 316.1576, F.S.; prohibiting driving a vehicle
12	through a railroad crossing under certain circumstances;
13	providing penalties; amending s. 316.1932, F.S.; revising
14	requirements for the placement of consent provisions on
15	driver's licenses; amending s. 316.194, F.S.; authorizing
16	traffic accident investigation officers to move vehicles
17	standing on the roadway under certain circumstances;
18	amending s. 316.1967, F.S.; providing that a lessee to
19	whom a motor vehicle is registered is liable for the
20	payment of parking violations; amending s. 316.2074, F.S.;
21	revising the definition of "all-terrain vehicle"; amending
22	s. 316.212, F.S.; authorizing the operation of golf carts
23	on certain roads within the State Park Road System;
24	amending ss. 316.2125 and 316.2126, F.S.; correcting
25	references; amending s. 316.613, F.S., and creating s.
26	316.6131, F.S.; revising provisions for authorization to
27	expend funds for public information and education
28	purposes; amending s. 316.650, F.S.; providing that
29	traffic citations may be admissible evidence at trial
30	under limited circumstances; amending s. 317.0003, F.S.;
31	correcting a reference; revising the definition of "off-
32	highway vehicle"; defining "two-rider ATV"; amending s.
33	317.0007, F.S.; authorizing issuance of a title validation
34	sticker for off-highway vehicles; authorizing fees;
35	amending s. 317.0008, F.S.; deleting a provision for
36	expedited service for a duplicate certificate of title to
37	off-highway vehicles and a charge therefor; creating s.
38	317.0014, F.S.; providing for issuance by the Department
39	of Highway Safety and Motor Vehicles of certificates of
40	title to off-highway vehicles in duplicate; providing for
41	delivery to the owner; providing for delivery to a
42	lienholder; requiring notice to all parties in certain
43	conflicts; providing procedures and timeframes for
44	resolving conflicts; providing for retention of
45	certificate by certain lienholders; providing for
46	subsequent encumbrance; providing for satisfaction of
47	lien; providing for issuance of duplicate certificate;
48	providing penalties for failure to return certificate or
49	furnish execution of satisfaction to the department;
50	providing for electronic transmission of liens and lien
51	satisfactions; limiting notification responsibility of the
52	department; creating s. 317.0015, F.S.; providing for
53	application of specified titling requirements; creating s.
54	317.0016, F.S.; providing for expedited service on
55	described title transactions; providing a fee for such
56	service; providing for disposition of moneys collected;
57	creating s. 317.0017, F.S.; prohibiting described acts
58	involving vehicle identification numbers, applications,
59	certificates of title, and other documents relating to
60	off-highway vehicles; providing penalties; providing for
61	seizure and forfeiture of vehicle used in violation;
62	creating s. 317.0018, F.S.; prohibiting the transfer of an
63	off-highway vehicle without delivery of a certificate of
64	title; prescribing other violations; providing penalties;
65	amending ss. 317.0001, 317.0004, 317.0005, 317.0006,
66	317.0010, 317.0012, and 317.0013, F.S.; conforming
67	references; amending s. 318.14, F.S.; revising procedures
68	for the submission of traffic infraction dispositions to
69	the department by local officials having jurisdiction;
70	authorizing the department to modify certain suspension
71	and revocation actions when disposition is not timely
72	reported; amending s. 318.15, F.S.; revising provisions
73	for remittance of certain driver license reinstatement
74	fees; amending s. 319.23, F.S.; requiring certain dealers
75	to report taking of a motor vehicle or mobile home in
76	trade; requiring the department to update certain records;
77	amending s. 319.29, F.S.; requiring the department to
78	verify the identity of certain persons who receive title;
79	requiring the department to maintain documentation;
80	amending s. 320.05, F.S.; deleting fees for certain motor
81	vehicle and vessel information provided via the Internet;
82	amending s. 320.0601, F.S.; requiring registration of
83	long-term leased vehicles to be in the name of the lessee;
84	amending s. 320.0605, F.S.; exempting specified vehicles
85	from the requirement that the certificate of registration
86	be in the vehicle; amending s. 320.0607, F.S.; requiring
87	the department to verify the identity of persons
88	authorized to receive a replacement license plate or
89	duplicate registration; requiring the department to
90	maintain documentation; amending s. 320.0843, F.S.;
91	requiring a vehicle registration reflecting more than one
92	owner to indicate which owner is eligible for a disabled
93	parking permit; amending s. 320.0848, F.S.; requiring the
94	department to verify the identity of persons authorized to
95	receive a replacement or duplicate disabled parking
96	permit; requiring the department to maintain
97	documentation; amending s. 320.131, F.S.; authorizing the
98	department to administer an electronic system for licensed
99	motor vehicle dealers to use in issuing temporary tags;
100	providing procedures; providing penalties for failure to
101	comply with department requirements; amending s. 320.18,
102	F.S.; authorizing the department to cancel a motor vehicle
103	registration, driver license, identification card, or
104	fuel-use tax decal when certain payments have been made by
105	a dishonored check; amending s. 320.27, F.S.; providing a
106	period of time motor vehicle dealers are to maintain
107	records of described transactions; providing penalties for
108	specified violations; amending s. 320.8249, F.S.; revising
109	provisions prohibiting certain acts by mobile home
110	installers; providing penalties; amending s. 322.051,
111	F.S.; revising list of documents accepted as proof of
112	identity of applicant for identification card; revising
113	the period of validity; requiring described content on
114	such cards; amending s. 322.08, F.S.; revising provisions
115	for documents required as proof of identity for issuance
116	of a driver's license; providing additional documents that
117	shall be acceptable proof of identity for application for
118	such licenses; providing for expiration of certain
119	licenses and permits; amending s. 322.135, F.S.; revising
120	procedures for distribution of funds collected by driver
121	license agents; revising procedure when tax collector has
122	reason to believe applicant is not qualified to operate
123	motor vehicle; requiring the collecting county officer to
124	make payment to the state by electronic funds transfer
125	within a certain timeframe; amending s. 322.142, F.S.;
126	prohibiting waiver of certain driver license content
127	requirements; amending s. 322.17, F.S.; correcting
128	references; amending s. 322.18, F.S.; correcting
129	references; revising provisions for issuance and renewal
130	of licenses; revising expiration timeframe for a
131	commercial license with a hazardous-materials endorsement;
132	amending s. 322.19, F.S.; correcting references; amending
133	s. 322.20, F.S.; providing for charges for described
134	access to certain license status reports; amending s.
135	322.21, F.S.; authorizing the department to set a fee for
136	a hazardous-materials endorsement; removing reference to
137	fees for a Class D driver's license; amending s. 322.22,
138	F.S.; authorizing the department to cancel an
139	identification card, vehicle registration, or fuel-use tax
140	decal when certain payments have been made by a dishonored
141	check; amending s. 322.292, F.S.; requiring all DUI
142	education courses to be conducted in a classroom with
143	interaction among offenders and an instructor; amending s.
144	322.53, F.S.; removing certain commercial driver license
145	exemption requirements for a Class D driver license;
146	amending s. 322.54, F.S.; revising license requirements
147	for certain persons who operate commercial motor vehicles;
148	amending s. 322.57, F.S.; requiring school bus drivers to
149	complete certain testing; revising requirements for
150	license restrictions for certain persons who drive
151	commercial motor vehicles; amending s. 322.61, F.S.;
152	specifying additional violations that disqualify a person
153	from operating a commercial motor vehicle; providing
154	penalties; amending s. 322.63, F.S.; revising provisions
155	for alcohol and drug testing of commercial motor vehicle
156	operators; amending s. 713.78, F.S.; revising provisions
157	for wrecker operator liens against a motor vehicle;
158	revising the grounds upon which a vehicle owner may
159	dispute a lien; excluding lessors; reenacting ss.
160	318.14(9) and 322.64(14), F.S., relating to citation
161	procedures and proceedings, to incorporate the amendment
162	to s. 322.61, F.S., in references thereto; amending ss.
163	316.1936, 322.05, 322.07, 322.12, 322.161, 322.251,
164	322.30, and 322.58, F.S.; eliminating the Class D driver's
165	license and deleting references thereto; providing
166	effective dates.
167
168	Be It Enacted by the Legislature of the State of Florida:
169
170	Section 1.  Subsection (6) of section 261.03, Florida
171	Statutes, is amended, and subsection (11) is added to said
172	section, to read:
173	261.03  Definitions.--As used in this chapter, the term:
174	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
175	OHM that is used off the roads or highways of this state for
176	recreational purposes and that is not registered and licensed
177	for highway use under chapter 320.
178	(11)  "Two-rider ATV" means any ATV that is specifically
179	designed by the manufacturer for a single operator and one
180	passenger.
181	Section 2.  Subsection (2) of section 261.05, Florida
182	Statutes, is amended to read:
183	261.05  Duties and responsibilities of the Off-Highway
184	Vehicle Recreation Advisory Committee.--
185	(2)  The advisory committee shall study and make
186	recommendations to the Governor and the Legislature department
187	regarding off-highway vehicle safety and training and education
188	programs in the operation of such vehicles and shall provide a
189	report to the Governor, the President of the Senate, and the
190	Speaker of the House of Representatives by January 1, 2005.
191	Section 3.  Paragraph (c) is added to subsection (2) of
192	section 316.006, Florida Statutes, to read:
193	316.006  Jurisdiction.--Jurisdiction to control traffic is
194	vested as follows:
195	(2)  MUNICIPALITIES.--
196	(c)  Notwithstanding any other provision of law to the
197	contrary, a municipality may, by interlocal agreement with a
198	county, agree to transfer traffic regulatory authority over
199	areas within the municipality to the county.
200
201	This subsection shall not limit those counties which have the
202	charter powers to provide and regulate arterial, toll, and other
203	roads, bridges, tunnels, and related facilities from the proper
204	exercise of those powers by the placement and maintenance of
205	traffic control devices which conform to the manual and
206	specifications of the Department of Transportation on streets
207	and highways located within municipal boundaries.
208	Section 4.  Section 316.122, Florida Statutes, is amended
209	to read:
210	316.122  Vehicle turning left.--The driver of a vehicle
211	intending to turn to the left within an intersection or into an
212	alley, private road, or driveway shall yield the right-of-way to
213	any vehicle approaching from the opposite direction, or any
214	vehicle lawfully passing on the left of the turning vehicle,
215	which is within the intersection or so close thereto as to
216	constitute an immediate hazard. A violation of this section is a
217	noncriminal traffic infraction, punishable as a moving violation
218	as provided in chapter 318.
219	Section 5.  Section 316.1576, Florida Statutes, is created
220	to read:
221	316.1576  Insufficient clearance at a railroad-highway
222	grade crossing.--
223	(1)  No person shall drive any vehicle through a railroad-
224	highway grade crossing that does not have sufficient space to
225	drive completely through the crossing without stopping.
226	(2)  No person shall drive any vehicle through a railroad-
227	highway grade crossing that does not have sufficient
228	undercarriage clearance to drive completely through the crossing
229	without stopping.
230	(3)  A violation of this section is a noncriminal traffic
231	infraction, punishable as a moving violation as provided in
232	chapter 318.
233	Section 6.  Paragraph (e) of subsection (1) of section
234	316.1932, Florida Statutes, is amended to read:
235	316.1932  Tests for alcohol, chemical substances, or
236	controlled substances; implied consent; refusal.--
237	(1)
238	(e)1.  By applying for a driver's license and by accepting
239	and using a driver's license, the person holding the driver's
240	license is deemed to have expressed his or her consent to the
241	provisions of this section.
242	2.  A nonresident or any other person driving in a status
243	exempt from the requirements of the driver's license law, by his
244	or her act of driving in such exempt status, is deemed to have
245	expressed his or her consent to the provisions of this section.
246	3.  A warning of the consent provision of this section
247	shall be printed above the signature line on each new or renewed
248	driver's license.
249	Section 7.  Paragraphs (a) and (b) of subsection (5) of
250	section 316.1936, Florida Statutes, are amended to read:
251	316.1936  Possession of open containers of alcoholic
252	beverages in vehicles prohibited; penalties.--
253	(5)  This section shall not apply to:
254	(a)  A passenger of a vehicle in which the driver is
255	operating the vehicle pursuant to a contract to provide
256	transportation for passengers and such driver holds a valid
257	commercial driver's license with a passenger endorsement or a
258	Class D driver's license issued in accordance with the
259	requirements of chapter 322;
260	(b)  A passenger of a bus in which the driver holds a valid
261	commercial driver's license with a passenger endorsement or a
262	Class D driver's license issued in accordance with the
263	requirements of chapter 322; or
264	Section 8.  Paragraphs (a) and (b) of subsection (3) of
265	section 316.194, Florida Statutes, are amended to read:
266	316.194  Stopping, standing or parking outside of
267	municipalities.--
268	(3)(a)  Whenever any police officer or traffic accident
269	investigation officer finds a vehicle standing upon a highway in
270	violation of any of the foregoing provisions of this section,
271	the officer is authorized to move the vehicle, or require the
272	driver or other persons in charge of the vehicle to move the
273	same, to a position off the paved or main-traveled part of the
274	highway.
275	(b)  Officers and traffic accident investigation officers
276	are hereby authorized to provide for the removal of any
277	abandoned vehicle to the nearest garage or other place of
278	safety, cost of such removal to be a lien against motor vehicle,
279	when said abandoned vehicle is found unattended upon a bridge or
280	causeway or in any tunnel, or on any public highway in the
281	following instances:
282	1.  Where such vehicle constitutes an obstruction of
283	traffic;
284	2.  Where such vehicle has been parked or stored on the
285	public right-of-way for a period exceeding 48 hours, in other
286	than designated parking areas, and is within 30 feet of the
287	pavement edge; and
288	3.  Where an operative vehicle has been parked or stored on
289	the public right-of-way for a period exceeding 10 days, in other
290	than designated parking areas, and is more than 30 feet from the
291	pavement edge. However, the agency removing such vehicle shall
292	be required to report same to the Department of Highway Safety
293	and Motor Vehicles within 24 hours of such removal.
294	Section 9.  Subsections (1) and (2) of section 316.1967,
295	Florida Statutes, are amended to read:
296	316.1967  Liability for payment of parking ticket
297	violations and other parking violations.--
298	(1)  The owner of a vehicle is responsible and liable for
299	payment of any parking ticket violation unless the owner can
300	furnish evidence, when required by this subsection, that the
301	vehicle was, at the time of the parking violation, in the care,
302	custody, or control of another person. In such instances, the
303	owner of the vehicle is required, within a reasonable time after
304	notification of the parking violation, to furnish to the
305	appropriate law enforcement authorities an affidavit setting
306	forth the name, address, and driver's license number of the
307	person who leased, rented, or otherwise had the care, custody,
308	or control of the vehicle. The affidavit submitted under this
309	subsection is admissible in a proceeding charging a parking
310	ticket violation and raises the rebuttable presumption that the
311	person identified in the affidavit is responsible for payment of
312	the parking ticket violation. The owner of a vehicle is not
313	responsible for a parking ticket violation if the vehicle
314	involved was, at the time, stolen or in the care, custody, or
315	control of some person who did not have permission of the owner
316	to use the vehicle. The owner of a leased vehicle is not
317	responsible for a parking ticket violation and is not required
318	to submit an affidavit or any other evidence contemplated by
319	this section if the vehicle is registered in the name of the
320	person who leased the vehicle.
321	(2)  Any person who is issued a county or municipal parking
322	ticket by a parking enforcement specialist or officer is deemed
323	to be charged with a noncriminal violation and shall comply with
324	the directions on the ticket. If payment is not received or a
325	response to the ticket is not made within the time period
326	specified thereon, the county court or its traffic violations
327	bureau shall notify the registered owner of the vehicle that was
328	cited, or the registered lessee when the cited vehicle is
329	registered in the name of the person who leased the vehicle, by
330	mail to the address given on the motor vehicle registration, of
331	the ticket. Mailing the notice to this address constitutes
332	notification. Upon notification, the registered owner or
333	registered lessee shall comply with the court's directive.
334	Section 10.  Subsection (2) of section 316.2074, Florida
335	Statutes, is amended to read:
336	316.2074  All-terrain vehicles.--
337	(2)  As used in this section, the term "all-terrain
338	vehicle" means any motorized off-highway vehicle 50 inches or
339	less in width, having a dry weight of 900 pounds or less,
340	designed to travel on three or more low-pressure tires, having a
341	seat designed to be straddled by the operator and handlebars for
342	steering control, and intended for use by a single operator with
343	no passenger. For purposes of this section, "all-terrain
344	vehicle" also includes any two-rider ATV as defined in s.
345	317.0003.
346	Section 11.  Present subsection (7) of section 316.212,
347	Florida Statutes, is amended, subsections (4), (5), (6), and (7)
348	of that section are renumbered as subsections (5), (6), (7), and
349	(8), respectively, and a new subsection (4) is added to said
350	section, to read:
351	316.212  Operation of golf carts on certain roadways.--The
352	operation of a golf cart upon the public roads or streets of
353	this state is prohibited except as provided herein:
354	(4)  Notwithstanding any provision of this section, a golf
355	cart may be operated on any road which is a part of the State
356	Park Road System provided the posted speed limit is not more
357	than 35 miles per hour and such operation is not otherwise
358	prohibited by the Division of Recreation and Parks of the
359	Department of Environmental Protection.
360	(5)(4)  A golf cart may be operated only during the hours
361	between sunrise and sunset, unless the responsible governmental
362	entity has determined that a golf cart may be operated during
363	the hours between sunset and sunrise and the golf cart is
364	equipped with headlights, brake lights, turn signals, and a
365	windshield.
366	(6)(5)  A golf cart must be equipped with efficient brakes,
367	reliable steering apparatus, safe tires, a rearview mirror, and
368	red reflectorized warning devices in both the front and rear.
369	(7)(6)  A golf cart may not be operated on public roads or
370	streets by any person under the age of 14.
371	(8)(7)  A violation of this section is a noncriminal
372	traffic infraction, punishable pursuant to chapter 318 as either
373	a moving violation for infractions of subsection (1), subsection
374	(2), subsection (3), or subsection (5) (4), or as a nonmoving
375	violation for infractions of subsections (6) (5) and (7) (6).
376	Section 12.  Subsection (1) of section 316.2125, Florida
377	Statutes, is amended to read:
378	316.2125  Operation of golf carts within a retirement
379	community.--
380	(1)  Notwithstanding the provisions of s. 316.212, the
381	reasonable operation of a golf cart, equipped and operated as
382	provided in s. 316.212(5)(4), (6) (5), and (7) (6), within any
383	self-contained retirement community is permitted unless
384	prohibited under subsection (2).
385	Section 13.  Subsection (2) of section 316.2126, Florida
386	Statutes, is amended to read:
387	316.2126  Use of golf carts and utility vehicles by
388	municipalities.--In addition to the powers granted by ss.
389	316.212 and 316.2125, municipalities are hereby authorized to
390	utilize golf carts and utility vehicles, as defined in s.
391	320.01, upon any state, county, or municipal roads located
392	within the corporate limits of such municipalities, subject to
393	the following conditions:
394	(2)  In addition to the safety equipment required in s.
395	316.212(6)(5), such golf carts and utility vehicles must be
396	equipped with sufficient lighting and turn signal equipment.
397	Section 14.  Subsection (4) of section 316.613, Florida
398	Statutes, is amended to read:
399	316.613  Child restraint requirements.--
400	(4)(a)  It is the legislative intent that all state,
401	county, and local law enforcement agencies, and safety councils,
402	in recognition of the problems with child death and injury from
403	unrestrained occupancy in motor vehicles, conduct a continuing
404	safety and public awareness campaign as to the magnitude of the
405	problem.
406	(b)  The department may authorize the expenditure of funds
407	for the purchase of promotional items as part of the public
408	information and education campaigns provided for in this
409	subsection and ss. 316.614, 322.025, and 403.7145.
410	Section 15.  Section 316.6131, Florida Statutes, is created
411	to read:
412	316.6131  Educational expenditures.--The department may
413	authorize the expenditure of funds for the purchase of
414	educational items as part of the public information and
415	education campaigns promoting highway safety and awareness as
416	well as departmental community-based initiatives. Funds may be
417	expended for, but are not limited to, campaigns provided for in
418	chapters 316, 320, and 322, and s. 403.7145.
419	Section 16.  Subsection (9) of section 316.650, Florida
420	Statutes, is amended to read:
421	316.650  Traffic citations.--
422	(9)  Such citations shall not be admissible evidence in any
423	trial, except when presented as evidence of falsification,
424	forgery, uttering, fraud, or perjury or when presented as
425	physical evidence resulting from a forensic examination of the
426	citation.
427	Section 17.  Section 317.0001, Florida Statutes, is amended
428	to read:
429	317.0001  Short title.--This chapter Sections 317.0001-
430	317.0013 may be cited as the "Florida Off-Highway Vehicle
431	Titling Act."
432	Section 18.  Section 317.0003, Florida Statutes, is amended
433	to read:
434	317.0003  Definitions.--As used in this chapter Sections
435	317.0001-317.0013, the term:
436	(1)  "ATV" means any motorized off-highway or all-terrain
437	vehicle 50 inches or less in width, having a dry weight of 900
438	pounds or less, designed to travel on three or more low-pressure
439	tires, having a seat designed to be straddled by the operator
440	and handlebars for steering control, and intended for use by a
441	single operator and with no passenger.
442	(2)  "Dealer" means any person authorized by the Department
443	of Revenue to buy, sell, resell, or otherwise distribute off-
444	highway vehicles. Such person must have a valid sales tax
445	certificate of registration issued by the Department of Revenue
446	and a valid commercial or occupational license required by any
447	county, municipality, or political subdivision of the state in
448	which the person operates.
449	(3)  "Department" means the Department of Highway Safety
450	and Motor Vehicles.
451	(4)  "Florida resident" means a person who has had a
452	principal place of domicile in this state for a period of more
453	than 6 consecutive months, who has registered to vote in this
454	state, who has made a statement of domicile pursuant to s.
455	222.17, or who has filed for homestead tax exemption on property
456	in this state.
457	(5)  "OHM" or "off-highway motorcycle" means any motor
458	vehicle used off the roads or highways of this state that has a
459	seat or saddle for the use of the rider and is designed to
460	travel with not more than two wheels in contact with the ground,
461	but excludes a tractor or a moped.
462	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
463	OHM that is used off the roads or highways of this state for
464	recreational purposes and that is not registered and licensed
465	for highway use pursuant to chapter 320.
466	(7)  "Owner" means a person, other than a lienholder,
467	having the property in or title to an off-highway vehicle,
468	including a person entitled to the use or possession of an off-
469	highway vehicle subject to an interest held by another person,
470	reserved or created by agreement and securing payment of
471	performance of an obligation, but the term excludes a lessee
472	under a lease not intended as security.
473	(8)  "Public lands" means lands within the state that are
474	available for public use and that are owned, operated, or
475	managed by a federal, state, county, or municipal governmental
476	entity.
477	(9)  "Two-rider ATV" means any ATV that is specifically
478	designed by the manufacturer for a single operator and one
479	passenger.
480	Section 19.  Subsection (1) of section 317.0004, Florida
481	Statutes, is amended to read:
482	317.0004  Administration of off-highway vehicle titling
483	laws; records.--
484	(1)  The administration of off-highway vehicle titling laws
485	in this chapter ss. 317.0001-317.0013 is under the Department of
486	Highway Safety and Motor Vehicles, which shall provide for the
487	issuing, handling, and recording of all off-highway vehicle
488	titling applications and certificates, including the receipt and
489	accounting of off-highway vehicle titling fees.
490	Section 20.  Section 317.0005, Florida Statutes, is amended
491	to read:
492	317.0005  Rules, forms, and notices.--
493	(1)  The department may adopt rules pursuant to ss.
494	120.536(1) and 120.54, which pertain to off-highway vehicle
495	titling, in order to implement the provisions of this chapter
496	ss. 317.0001-317.0013 conferring duties upon it.
497	(2)  The department shall prescribe and provide suitable
498	forms for applications and other notices and forms necessary to
499	administer the provisions of this chapter ss. 317.0001-317.0013.
500	Section 21.  Subsection (1) of section 317.0006, Florida
501	Statutes, is amended to read:
502	317.0006  Certificate of title required.--
503	(1)  Any off-highway vehicle that is purchased by a
504	resident of this state after the effective date of this act or
505	that is owned by a resident and is operated on the public lands
506	of this state must be titled pursuant to this chapter ss.
507	317.0001-317.0013.
508	Section 22.  Subsection (6) is added to section 317.0007,
509	Florida Statutes, to read:
510	317.0007  Application for and issuance of certificate of
511	title.--
512	(6)  In addition to a certificate of title, the department
513	may issue a validation sticker to be placed on the off-highway
514	vehicle as proof of the issuance of title required pursuant to
515	s. 317.0006(1). Validation stickers lost or destroyed may, upon
516	application, be replaced by the department or the county tax
517	collector. The department and county tax collector are
518	authorized to charge and deposit the fees as established in ss.
519	320.03(5) and 320.04 for all original and replacement decals.
520	Section 23.  Section 317.0008, Florida Statutes, is amended
521	to read:
522	317.0008  Duplicate certificate of title.--
523	(1)  The department may issue a duplicate certificate of
524	title upon application by the person entitled to hold such a
525	certificate if the department is satisfied that the original
526	certificate has been lost, destroyed, or mutilated. A fee of $15
527	shall be charged for issuing a duplicate certificate.
528	(2)  In addition to the fee imposed by subsection (1), a
529	fee of $7 shall be charged for expedited service in issuing a
530	duplicate certificate of title. Application for such expedited
531	service may be made by mail or in person. The department shall
532	issue each certificate of title applied for under this
533	subsection within 5 working days after receipt of a proper
534	application or shall refund the additional $7 fee upon written
535	request by the applicant.
536	(2)(3)  If, following the issuance of an original,
537	duplicate, or corrected certificate of title by the department,
538	the certificate is lost in transit and is not delivered to the
539	addressee, the owner of the off-highway vehicle or the holder of
540	a lien thereon may, within 180 days after the date of issuance
541	of the certificate, apply to the department for reissuance of
542	the certificate. An additional fee may not be charged for
543	reissuance under this subsection.
544	(3)(4)  The department shall implement a system to verify
545	that the application is signed by a person authorized to receive
546	a duplicate certificate of title under this section if the
547	address shown on the application is different from the address
548	shown for the applicant on the records of the department.
549	Section 24.  Section 317.0010, Florida Statutes, is amended
550	to read:
551	317.0010  Disposition of fees.--Except as otherwise
552	specifically provided for in this chapter, the department shall
553	deposit all funds received under this chapter ss. 317.0001-
554	317.0013, less administrative costs of $2 per title transaction,
555	into the Incidental Trust Fund of the Division of Forestry of
556	the Department of Agriculture and Consumer Services.
557	Section 25.  Paragraph (c) of subsection (3) of section
558	317.0012, Florida Statutes, is amended to read:
559	317.0012  Crimes relating to certificates of title;
560	penalties.--
561	(3)  It is unlawful to:
562	(c)  Use a false or fictitious name, give a false or
563	fictitious address, or make any false statement in any
564	application or affidavit required by this chapter ss. 317.0001-
565	317.0013 or in a bill of sale or sworn statement of ownership or
566	otherwise commit a fraud in any application.
567
568	Any person who violates this subsection commits a felony of the
569	third degree, punishable as provided in s. 775.082, s. 775.083,
570	or s. 775.084. A violation of this subsection with respect to
571	any off-highway vehicle makes such off-highway vehicle
572	contraband which may be seized by a law enforcement agency and
573	forfeited under ss. 932.701-932.704.
574	Section 26.  Section 317.0013, Florida Statutes, is amended
575	to read:
576	317.0013  Nonmoving traffic violations.--Any person who
577	fails to comply with any provision of this chapter ss. 317.0001-
578	317.0012 for which a penalty is not otherwise provided commits a
579	nonmoving traffic violation, punishable as provided in s.
580	318.18.
581	Section 27.  Section 317.0014, Florida Statutes, is created
582	to read:
583	317.0014  Issuance in duplicate; delivery; liens and
584	encumbrances.--
585	(1)  The department shall assign a number to each
586	certificate of title and shall issue each certificate of title
587	and each corrected certificate in duplicate. The database record
588	shall serve as the duplicate title certificate required herein.
589	One printed copy may be retained on file by the department.
590	(2)  A duly authorized person shall sign the original
591	certificate of title and each corrected certificate and, if
592	there are no liens or encumbrances on the off-highway vehicle as
593	shown in the records of the department or as shown in the
594	application, shall deliver the certificate to the applicant or
595	to another person as directed by the applicant or person, agent,
596	or attorney submitting such application. If there are one or
597	more liens or encumbrances on the off-highway vehicle, the
598	certificate shall be delivered by the department to the first
599	lienholder as shown by department records or to the owner as
600	indicated in the notice of lien filed by the first lienholder.
601	If the notice of lien filed by the first lienholder indicates
602	that the certificate should be delivered to the first
603	lienholder, the department shall deliver to the first
604	lienholder, along with the certificate, a form to be
605	subsequently used by the lienholder as a satisfaction. If the
606	notice of lien filed by the first lienholder directs the
607	certificate of title to be delivered to the owner, then, upon
608	delivery of the certificate of title by the department to the
609	owner, the department shall deliver to the first lienholder
610	confirmation of the receipt of the notice of lien and the date
611	the certificate of title was issued to the owner at the owner's
612	address shown on the notice of lien and a form to be
613	subsequently used by the lienholder as a satisfaction. If the
614	application for certificate shows the name of a first lienholder
615	different from the name of the first lienholder as shown by the
616	records of the department, the certificate shall not be issued
617	to any person until after all parties who appear to hold a lien
618	and the applicant for the certificate have been notified of the
619	conflict in writing by the department by certified mail. If the
620	parties do not amicably resolve the conflict within 10 days
621	after the date such notice was mailed, the department shall
622	serve notice in writing by certified mail on all persons
623	appearing to hold liens on that particular vehicle, including
624	the applicant for the certificate, to show cause within 15 days
625	after the date the notice is mailed why it should not issue and
626	deliver the certificate to the person indicated in the notice of
627	lien filed by the lienholder whose name appears in the
628	application as the first lienholder without showing any lien or
629	liens as outstanding other than those appearing in the
630	application or those which may have been filed subsequent to the
631	filing of the application for the certificate. If, within the
632	15-day period, any person other than the lienholder shown in the
633	application or a party filing a subsequent lien, in answer to
634	such notice to show cause, appears in person or by a
635	representative, or responds in writing, and files a written
636	statement under oath that his or her lien on that particular
637	vehicle is still outstanding, the department shall not issue the
638	certificate to anyone until after such conflict has been settled
639	by the lien claimants involved or by a court of competent
640	jurisdiction. If the conflict is not settled amicably within 10
641	days after the final date for filing an answer to the notice to
642	show cause, the complaining party shall have 10 days to obtain a
643	ruling or a stay order from a court of competent jurisdiction;
644	if no ruling or stay order is issued and served on the
645	department within the 10-day period, it shall issue the
646	certificate showing no liens except those shown in the
647	application or thereafter filed to the original applicant if
648	there are no liens shown in the application and none are
649	thereafter filed, or to the person indicated in the notice of
650	lien filed by the lienholder whose name appears in the
651	application as the first lienholder if there are liens shown in
652	the application or thereafter filed. A duplicate certificate or
653	corrected certificate shall only show such lien or liens as were
654	shown in the application and subsequently filed liens that may
655	be outstanding.
656	(3)  Except as provided in subsection (4), the certificate
657	of title shall be retained by the first lienholder or the owner
658	as indicated in the notice of lien filed by the first
659	lienholder. If the first lienholder is in possession of the
660	certificate, the first lienholder shall be entitled to retain
661	the certificate until the first lien is satisfied.
662	(4)  If the owner of the vehicle as shown on the title
663	certificate desires to place a second or subsequent lien or
664	encumbrance against the vehicle when the title certificate is in
665	the possession of the first lienholder, the owner shall send a
666	written request to the first lienholder by certified mail and
667	such first lienholder shall forward the certificate to the
668	department for endorsement. If the title certificate is in the
669	possession of the owner, the owner shall forward the certificate
670	to the department for endorsement. The department shall return
671	the certificate to either the first lienholder or to the owner,
672	as indicated in the notice of lien filed by the first
673	lienholder, after endorsing the second or subsequent lien on the
674	certificate and on the duplicate. If the first lienholder or
675	owner fails, neglects, or refuses to forward the certificate of
676	title to the department within 10 days after the date of the
677	owner's request, the department, on the written request of the
678	subsequent lienholder or an assignee thereof, shall demand of
679	the first lienholder the return of such certificate for the
680	notation of the second or subsequent lien or encumbrance.
681	(5)(a)  Upon satisfaction of any first lien or encumbrance
682	recorded at the department, the owner of the vehicle as shown on
683	the title certificate or the person satisfying the lien shall be
684	entitled to demand and receive from the lienholder a
685	satisfaction of the lien. If the lienholder, upon satisfaction
686	of the lien and upon demand, fails or refuses to furnish a
687	satisfaction thereof within 30 days after demand, he or she
688	shall be held liable for all costs, damages, and expenses,
689	including reasonable attorney's fees lawfully incurred by the
690	titled owner or person satisfying the lien in any suit brought
691	in this state for cancellation of the lien. The lienholder
692	receiving final payment as defined in s. 674.215 shall mail or
693	otherwise deliver a lien satisfaction and the certificate of
694	title indicating the satisfaction within 10 working days after
695	receipt of such final payment or notify the person satisfying
696	the lien that the title is not available within 10 working days
697	after receipt of such final payment. If the lienholder is unable
698	to provide the certificate of title and notifies the person of
699	such, the lienholder shall provide a lien satisfaction and shall
700	be responsible for the cost of a duplicate title, including fast
701	title charges as provided in s. 317.0016. The provisions of this
702	paragraph shall not apply to electronic transactions pursuant to
703	subsection (8).
704	(b)  Following satisfaction of a lien, the lienholder shall
705	enter a satisfaction thereof in the space provided on the face
706	of the certificate of title. If the certificate of title was
707	retained by the owner, the owner shall, within 5 days after the
708	satisfaction of a lien, deliver the certificate of title to the
709	lienholder and the lienholder shall enter a satisfaction thereof
710	in the space provided on the face of the certificate of title.
711	If there are no subsequent liens shown thereon, the certificate
712	shall be delivered by the lienholder to the person satisfying
713	the lien or encumbrance and an executed satisfaction on a form
714	provided by the department shall be forwarded to the department
715	by the lienholder within 10 days after satisfaction of the lien.
716	(c)  If the certificate of title shows a subsequent lien
717	not then being discharged, an executed satisfaction of the first
718	lien shall be delivered by the lienholder to the person
719	satisfying the lien and the certificate of title showing
720	satisfaction of the first lien shall be forwarded by the
721	lienholder to the department within 10 days after satisfaction
722	of the lien.
723	(d)  If, upon receipt of a title certificate showing
724	satisfaction of the first lien, the department determines from
725	its records that there are no subsequent liens or encumbrances
726	upon the vehicle, the department shall forward to the owner as
727	shown on the face of the title a corrected certificate showing
728	no liens or encumbrances. If there is a subsequent lien not
729	being discharged, the certificate of title shall be reissued
730	showing the second or subsequent lienholder as the first
731	lienholder and shall be delivered to either the new first
732	lienholder or to the owner as indicated in the notice of lien
733	filed by the new first lienholder. If the certificate of title
734	is to be retained by the first lienholder on the reissued
735	certificate, the first lienholder shall be entitled to retain
736	the certificate of title except as provided in subsection (4)
737	until his or her lien is satisfied. Upon satisfaction of the
738	lien, the lienholder shall be subject to the procedures required
739	of a first lienholder by subsection (4) and this subsection.
740	(6)  When the original certificate of title cannot be
741	returned to the department by the lienholder and evidence
742	satisfactory to the department is produced that all liens or
743	encumbrances have been satisfied, upon application by the owner
744	for a duplicate copy of the certificate on a form prescribed by
745	the department which is accompanied by the fee prescribed in
746	this chapter, a duplicate copy of the certificate of title
747	without statement of liens or encumbrances shall be issued by
748	the department and delivered to the owner.
749	(7)  Any person who fails, within 10 days after receipt of
750	a demand by the department by certified mail, to return a
751	certificate of title to the department as required by subsection
752	(4) or who, upon satisfaction of a lien, fails within 10 days
753	after receipt of such demand to forward the appropriate document
754	to the department as required by paragraph (5)(b) or paragraph
755	(5)(c) commits a misdemeanor of the second degree, punishable as
756	provided in s. 775.082 or s. 775.083.
757	(8)  Notwithstanding any requirements in this section or in
758	s. 319.27 indicating that a lien on a vehicle shall be noted on
759	the face of the Florida certificate of title, if there are one
760	or more liens or encumbrances on the off-highway vehicle, the
761	department may electronically transmit the lien to the first
762	lienholder and notify the first lienholder of any additional
763	liens. Subsequent lien satisfactions may be electronically
764	transmitted to the department and shall include the name and
765	address of the person or entity satisfying the lien. When
766	electronic transmission of liens and lien satisfactions is used,
767	the issuance of a certificate of title may be waived until the
768	last lien is satisfied and a clear certificate of title is
769	issued to the owner of the vehicle.
770	(9)  When sending any notice, the department shall only be
771	required to use the last known address as shown by its records.
772	Section 28.  Section 317.0015, Florida Statutes, is created
773	to read:
774	317.0015  Application of law.--The provisions of ss.
775	319.235, 319.241, 319.25, 319.27, 319.28, and 319.40 shall apply
776	to all off-highway vehicles that are required to be titled by
777	the provisions of this chapter.
778	Section 29.  Section 317.0016, Florida Statutes, is created
779	to read:
780	317.0016  Expedited service; applications; fees.--The
781	department shall provide through its agents and for use by the
782	public expedited service on title transfers, title issuances,
783	duplicate titles, and recordation of liens and certificates of
784	repossession under this chapter. Application for such expedited
785	service may be made by mail or in person. The department shall
786	issue each title applied for pursuant to this section within 5
787	working days after receipt of the application accompanied by the
788	appropriate fees, except for an application for a duplicate
789	title certificate covered by s. 317.0008(3), in which case the
790	title must be issued within 5 working days after compliance with
791	the department's verification requirements. A fee of $7 shall be
792	charged for this service, which is in addition to the fees
793	imposed by ss. 317.0007 and 317.0008. A total of $3.50 of this
794	fee shall be retained by the processing agency. The amounts
795	remaining from the fees shall be deposited into the Incidental
796	Trust Fund of the Division of Forestry of the Department of
797	Agriculture and Consumer Services.
798	Section 30.  Section 317.0017, Florida Statutes, is created
799	to read:
800	317.0017  Offenses involving vehicle identification
801	numbers, applications, certificates, papers; penalty.--
802	(1)  A person may not:
803	(a)  Alter or forge any certificate of title to an off-
804	highway vehicle or any assignment thereof or any cancellation of
805	any lien on an off-highway vehicle.
806	(b)  Retain or use such certificate, assignment, or
807	cancellation knowing that it has been altered or forged.
808	(c)  Procure or attempt to procure a certificate of title
809	to an off-highway vehicle, or pass or attempt to pass a
810	certificate of title or any assignment thereof to an off-highway
811	vehicle, knowing or having reason to believe that the off-
812	highway vehicle has been stolen.
813	(d)  Possess, sell or offer for sale, conceal, or dispose
814	of in this state an off-highway vehicle, or major component part
815	thereof, on which any motor number or vehicle identification
816	number affixed by the manufacturer or by a state agency has been
817	destroyed, removed, covered, altered, or defaced, with knowledge
818	of such destruction, removal, covering, alteration, or
819	defacement, except as provided in s. 319.30(4).
820	(e)  Use a false or fictitious name, give a false or
821	fictitious address, or make any false statement in any
822	application or affidavit required under this chapter or in a
823	bill of sale or sworn statement of ownership or otherwise commit
824	a fraud in any application.
825	(2)  A person may not knowingly obtain goods, services,
826	credit, or money by means of an invalid, duplicate, fictitious,
827	forged, counterfeit, stolen, or unlawfully obtained certificate
828	of title, registration, bill of sale, or other indicia of
829	ownership of an off-highway vehicle.
830	(3)  A person may not knowingly obtain goods, services,
831	credit, or money by means of a certificate of title to an off-
832	highway vehicle, which certificate is required by law to be
833	surrendered to the department.
834	(4)  A person may not knowingly and with intent to defraud
835	have in his or her possession, sell or offer to sell,
836	counterfeit, or supply a blank, forged, fictitious, counterfeit,
837	stolen, or fraudulently or unlawfully obtained certificate of
838	title, bill of sale, or other indicia of ownership of an off-
839	highway vehicle or conspire to do any of the foregoing.
840	(5)  A person, firm, or corporation may not knowingly
841	possess, manufacture, sell or exchange, offer to sell or
842	exchange, supply in blank, or give away any counterfeit
843	manufacturer's or state-assigned identification number plates or
844	serial plates or any decal used for the purpose of identifying
845	an off-highway vehicle. A person, or an officer, agent, or
846	employee of any person, firm, or corporation, may not authorize,
847	direct, aid in exchange, or give away, or conspire to authorize,
848	direct, aid in exchange, or give away, such counterfeit
849	manufacturer's or state-assigned identification number plates or
850	serial plates or any decal. However, this subsection does not
851	apply to any approved replacement manufacturer's or state-
852	assigned identification number plates or serial plates or any
853	decal issued by the department or any state.
854	(6)  A person who violates any provision of this section
855	commits a felony of the third degree, punishable as provided in
856	s. 775.082, s. 775.083, or s. 775.084. Any off-highway vehicle
857	used in violation of this section constitutes contraband that
858	may be seized by a law enforcement agency and that is subject to
859	forfeiture proceedings pursuant to ss. 932.701-932.704. This
860	section is not exclusive of any other penalties prescribed by
861	any existing or future laws for the larceny or unauthorized
862	taking of off-highway vehicles but is supplementary thereto.
863	Section 31.  Section 317.0018, Florida Statutes, is created
864	to read:
865	317.0018  Transfer without delivery of certificate;
866	operation or use without certificate; failure to surrender;
867	other violations.--Except as otherwise provided for in this
868	chapter, any person who:
869	(1)  Purports to sell or transfer an off-highway vehicle
870	without delivering to the purchaser or transferee thereof a
871	certificate of title thereto duly assigned to such purchaser or
872	transferee as provided in this chapter;
873	(2)  Operates or uses in this state an off-highway vehicle
874	for which a certificate of title is required without such
875	certificate having been obtained in accordance with the
876	provisions of this chapter or upon which the certificate of
877	title has been canceled;
878	(3)  Fails to surrender any certificate of title upon
879	cancellation of the same by the department and notice thereof as
880	prescribed in this chapter;
881	(4)  Fails to surrender the certificate of title to the
882	department as provided in this chapter in case of the
883	destruction, dismantling, or change of an off-highway vehicle in
884	such respect that it is not the off-highway vehicle described in
885	the certificate of title; or
886	(5)  Violates any of the other provisions of this chapter
887	or a lawful rule adopted pursuant to the provisions of this
888	chapter
889
890	commits a criminal offense punishable by a fine of not more than
891	$500 or by a term of imprisonment not exceeding 6 months, or
892	both, for each offense.
893	Section 32.  Subsection (7) of section 318.14, Florida
894	Statutes, is amended to read:
895	318.14  Noncriminal traffic infractions; exception;
896	procedures.--
897	(7)(a)  The official having jurisdiction over the
898	infraction shall certify to the department within 10 days after
899	payment of the civil penalty that the defendant has admitted to
900	the infraction. If the charge results in a hearing, the official
901	having jurisdiction shall certify to the department the final
902	disposition within 10 days after of the hearing. All
903	dispositions returned to the county requiring a correction shall
904	be resubmitted to the department within 10 days after the
905	notification of the error.
906	(b)  If the official having jurisdiction over the
907	infraction submits the final disposition to the department more
908	than 180 days after the final hearing or after payment of the
909	civil penalty, the department is authorized to modify any
910	resulting suspension or revocation action to begin as if the
911	citation were reported in a timely manner.
912	Section 33.  For the purpose of incorporating the amendment
913	to section 322.61, Florida Statutes, in a reference thereto,
914	subsection (9) of section 318.14, Florida Statutes, is reenacted
915	to read:
916	318.14  Noncriminal traffic infractions; exception;
917	procedures.--
918	(9)  Any person who is cited for an infraction under this
919	section other than a violation of s. 320.0605, s. 320.07(3)(a)
920	or (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may,
921	in lieu of a court appearance, elect to attend in the location
922	of his or her choice within this state a basic driver
923	improvement course approved by the Department of Highway Safety
924	and Motor Vehicles. In such a case, adjudication must be
925	withheld; points, as provided by s. 322.27, may not be assessed;
926	and the civil penalty that is imposed by s. 318.18(3) must be
927	reduced by 18 percent; however, a person may not make an
928	election under this subsection if the person has made an
929	election under this subsection in the preceding 12 months. A
930	person may make no more than five elections under this
931	subsection. The requirement for community service under s.
932	318.18(8) is not waived by a plea of nolo contendere or by the
933	withholding of adjudication of guilt by a court.
934	Section 34.  Subsection (2) of section 318.15, Florida
935	Statutes, as amended by chapter 2003-402, Laws of Florida, is
936	amended to read:
937	318.15  Failure to comply with civil penalty or to appear;
938	penalty.--
939	(2)  After suspension of the driver's license and privilege
940	to drive of a person under subsection (1), the license and
941	privilege may not be reinstated until the person complies with
942	all obligations and penalties imposed on him or her under s.
943	318.18 and presents to a driver license office a certificate of
944	compliance issued by the court, together with a nonrefundable
945	service fee of up to $37.50 imposed under s. 322.29, or pays the
946	aforementioned service fee of up to $37.50 to the clerk of the
947	court or tax collector clearing such suspension. If the fee is
948	collected by the clerk of the court, $10 of the fee shall be
949	remitted to the Department of Revenue for deposit into the
950	Highway Safety Operating Trust Fund. If the fee is collected by
951	the tax collector, $10 of the fee shall be remitted to the
952	Department of Highway Safety and Motor Vehicles for deposit into
953	the Highway Safety Operating Trust Fund. Such person shall also
954	be in compliance with requirements of chapter 322 prior to
955	reinstatement.
956	Section 35.  Subsection (6) of section 319.23, Florida
957	Statutes, is amended to read:
958	319.23  Application for, and issuance of, certificate of
959	title.--
960	(6)  In the case of the sale of a motor vehicle or mobile
961	home by a licensed dealer to a general purchaser, the
962	certificate of title shall be obtained in the name of the
963	purchaser by the dealer upon application signed by the
964	purchaser, and in each other case such certificate shall be
965	obtained by the purchaser. In each case of transfer of a motor
966	vehicle or mobile home, the application for certificate of
967	title, or corrected certificate, or assignment or reassignment,
968	shall be filed within 30 days from the delivery of such motor
969	vehicle or mobile home to the purchaser. An applicant shall be
970	required to pay a fee of $10, in addition to all other fees and
971	penalties required by law, for failing to file such application
972	within the specified time. When a licensed dealer takes a motor
973	vehicle or mobile home in on trade, the dealer must file with
974	the department a notice of sale signed by the seller. The
975	department shall then update its database for that title record
976	to reflect "sold." A licensed dealer need not apply for a
977	certificate of title for any motor vehicle or mobile home in
978	stock acquired for stock purposes except as provided in s.
979	319.225.
980	Section 36.  Subsection (4) of section 319.29, Florida
981	Statutes, is amended to read:
982	319.29  Lost or destroyed certificates.--
983	(4)  The department shall implement a system to verify that
984	the application is signed by a person authorized to receive a
985	duplicate title certificate under this section if the address
986	shown on the application is different from the address shown for
987	the applicant on the records of the department. If the title is
988	being delivered to someone other than the owner of record,
989	verification of identity for that individual must be verified
990	and physical documentation maintained.
991	Section 37.  Paragraph (b) of subsection (3) of section
992	320.05, Florida Statutes, is amended to read:
993	320.05  Records of the department; inspection procedure;
994	lists and searches; fees.--
995	(3)
996	(b)  Fees therefor shall be charged and collected as
997	follows:
998	1.  For providing lists of motor vehicle or vessel records
999	for the entire state, or any part or parts thereof, divided
1000	according to counties, a sum computed at a rate of not less than
1001	1 cent nor more than 5 cents per item.
1002	2.  For providing noncertified photographic copies of motor
1003	vehicle or vessel documents, $1 per page.
1004	3.  For providing noncertified photographic copies of
1005	micrographic records, $1 per page.
1006	4.  For providing certified copies of motor vehicle or
1007	vessel records, $3 per record.
1008	5.  For providing noncertified computer-generated printouts
1009	of motor vehicle or vessel records, 50 cents per record.
1010	6.  For providing certified computer-generated printouts of
1011	motor vehicle or vessel records, $3 per record.
1012	7.  For providing electronic access to motor vehicle,
1013	vessel, and mobile home registration data requested by tag,
1014	vehicle identification number, title number, or decal number, 50
1015	cents per item, except that information provided via the
1016	department's Internet website shall be free of charge.
1017	8.  For providing electronic access to driver's license
1018	status report by name, sex, and date of birth or by driver
1019	license number, 50 cents per item.
1020	8.9.  For providing lists of licensed mobile home dealers
1021	and manufacturers and recreational vehicle dealers and
1022	manufacturers, $15 per list.
1023	9.10.  For providing lists of licensed motor vehicle
1024	dealers, $25 per list.
1025	10.11.  For each copy of a videotape record, $15 per tape.
1026	11.12.  For each copy of the Division of Motor Vehicles
1027	Procedures Manual, $25.
1028	Section 38.  Effective July 1, 2004, section 320.0601,
1029	Florida Statutes, is amended to read:
1030	320.0601  Lease and rental car companies; identification of
1031	vehicles as for-hire.--
1032	(1)  A rental car company may not rent in this state any
1033	for-hire vehicle, other than vehicles designed to transport
1034	cargo, that has affixed to its exterior any bumper stickers,
1035	insignias, or advertising that identifies the vehicle as a
1036	rental vehicle.
1037	(2)  As used in this section, the term:
1038	(a)  "Bumper stickers, insignias, or advertising" does not
1039	include:
1040	1.  Any emblem of no more than two colors which is less
1041	than 2 inches by 4 inches, which is placed on the rental car for
1042	inventory purposes only, and which does not display the name or
1043	logo of the rental car company; or
1044	2.  Any license required by the law of the state in which
1045	the vehicle is registered.
1046	(b)  "Rent in this state" means to sign a rental contract
1047	in this state or to deliver a car to a renter in this state.
1048	(3)  A rental car company that leases a motor vehicle that
1049	is found to be in violation of this section shall be punished by
1050	a fine of $500 per occurrence.
1051	(4)  All original and transfer transactions of long-term
1052	leased motor vehicles must be registered in the name of the
1053	lessee.
1054	Section 39.  Section 320.0605, Florida Statutes, is amended
1055	to read:
1056	320.0605  Certificate of registration; possession required;
1057	exception.--The registration certificate or an official copy
1058	thereof, a true copy of a rental or lease agreement issued for a
1059	motor vehicle or issued for a replacement vehicle in the same
1060	registration period, a temporary receipt printed upon self-
1061	initiated electronic renewal of a registration via the Internet,
1062	or a cab card issued for a vehicle registered under the
1063	International Registration Plan shall, at all times while the
1064	vehicle is being used or operated on the roads of this state, be
1065	in the possession of the operator thereof or be carried in the
1066	vehicle for which issued and shall be exhibited upon demand of
1067	any authorized law enforcement officer or any agent of the
1068	department, except for vehicles registered under s. 320.0657.
1069	The provisions of this section do not apply during the first 30
1070	days after purchase of a replacement vehicle. A violation of
1071	this section is a noncriminal traffic infraction, punishable as
1072	a nonmoving violation as provided in chapter 318.
1073	Section 40.  Subsections (3), (4), (5), and (6) of section
1074	320.0607, Florida Statutes, are renumbered as subsections (4),
1075	(5), (6), and (7), respectively, and a new subsection (3) is
1076	added to said section to read:
1077	320.0607  Replacement license plates, validation decal, or
1078	mobile home sticker.--
1079	(3)  The department shall implement a system to verify that
1080	the application is signed by a person authorized to receive a
1081	replacement license plate or duplicate registration under this
1082	section if the address shown on the application is different
1083	from the address shown for the applicant on the records of the
1084	department. If the replacement license plate or duplicate
1085	registration is being delivered to someone other than the owner
1086	of record, proof of identity for that individual must be
1087	verified and physical documentation maintained.
1088	Section 41.  Subsection (1) of section 320.0843, Florida
1089	Statutes, is amended to read:
1090	320.0843  License plates for persons with disabilities
1091	eligible for permanent disabled parking permits.--
1092	(1)  Any owner or lessee of a motor vehicle who resides in
1093	this state and qualifies for a disabled parking permit under s.
1094	320.0848(2), upon application to the department and payment of
1095	the license tax for a motor vehicle registered under s.
1096	320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
1097	(9)(c) or (d), shall be issued a license plate as provided by s.
1098	320.06 which, in lieu of the serial number prescribed by s.
1099	320.06, shall be stamped with the international wheelchair user
1100	symbol after the serial number of the license plate. The license
1101	plate entitles the person to all privileges afforded by a
1102	parking permit issued under s. 320.0848. When more than one
1103	registrant is listed on the registration issued under this
1104	section, the eligible applicant shall be noted on the
1105	registration certificate.
1106	Section 42.  Paragraph (f) of subsection (2) of section
1107	320.0848, Florida Statutes, is amended to read:
1108	320.0848  Persons who have disabilities; issuance of
1109	disabled parking permits; temporary permits; permits for certain
1110	providers of transportation services to persons who have
1111	disabilities.--
1112	(2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
1113	MOBILITY PROBLEMS.--
1114	(f)  To obtain a replacement for a disabled parking permit
1115	that has been lost or stolen, a person must submit an
1116	application on a form prescribed by the department and must pay
1117	a replacement fee in the amount of $1.00, to be retained by the
1118	issuing agency. If the person submits with the application a
1119	police report documenting that the permit was stolen, there is
1120	no replacement fee. The department shall implement a system to
1121	verify that the application is signed by a person authorized to
1122	receive a replacement or duplicate parking permit under this
1123	section if the address shown on the application is different
1124	from the address shown for the applicant on the records of the
1125	department. If the replacement or duplicate parking permit is
1126	being delivered to someone other than the owner of record, proof
1127	of identity for that individual must be verified and physical
1128	documentation maintained.
1129	Section 43.  Subsection (8) is added to section 320.131,
1130	Florida Statutes, to read:
1131	320.131  Temporary tags.--
1132	(8)  The department may implement an electronic temporary
1133	license plate system that must be used by licensed motor vehicle
1134	dealers. Upon issuance of a temporary license plate by a dealer,
1135	the dealer must access the electronic system and enter the
1136	appropriate vehicle and owner information within the timeframe
1137	specified by departmental rule. If a dealer fails to comply with
1138	the requirements of the electronic system, the department may
1139	deny, suspend, or revoke any license issued pursuant to s.
1140	320.27(9) upon proof that a licensee has failed to comply with
1141	this subsection.
1142	Section 44.  Subsection (1) of section 320.18, Florida
1143	Statutes, is amended to read:
1144	320.18  Withholding registration.--
1145	(1)  The department may withhold the registration of any
1146	motor vehicle or mobile home the owner of which has failed to
1147	register it under the provisions of law for any previous period
1148	or periods for which it appears registration should have been
1149	made in this state, until the tax for such period or periods is
1150	paid. The department may cancel any vehicle registration, driver
1151	license, identification card, license plate or fuel-use tax
1152	decal if the owner uses a dishonored check to pay pays for the
1153	vehicle registration, driver license, identification card, or
1154	license plate, fuel-use tax decal; to pay an administrative,
1155	delinquency, or reinstatement fee; or to pay any tax liability,
1156	penalty, or interest specified in chapter 207 by a dishonored
1157	check, or if the vehicle owner or motor carrier has failed to
1158	pay a penalty for a weight or safety violation issued by the
1159	Department of Transportation Motor Carrier Compliance Office.
1160	The Department of Transportation and the Department of Highway
1161	Safety and Motor Vehicles may impound any commercial motor
1162	vehicle that has a canceled license plate or fuel-use tax decal
1163	until the tax liability, penalty, and interest specified in
1164	chapter 207, the license tax, or the fuel-use decal fee, and
1165	applicable administrative fees have been paid for by certified
1166	funds.
1167	Section 45.  Subsection (6) and paragraph (b) of subsection
1168	(9) of section 320.27, Florida Statutes, are amended to read:
1169	320.27  Motor vehicle dealers.--
1170	(6)  RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall
1171	keep a book or record in such form as shall be prescribed or
1172	approved by the department for a period of 5 years, in which the
1173	licensee shall keep a record of the purchase, sale, or exchange,
1174	or receipt for the purpose of sale, of any motor vehicle, the
1175	date upon which any temporary tag was issued, the date of title
1176	transfer, and a description of such motor vehicle together with
1177	the name and address of the seller, the purchaser, and the
1178	alleged owner or other person from whom such motor vehicle was
1179	purchased or received or to whom it was sold or delivered, as
1180	the case may be. Such description shall include the
1181	identification or engine number, maker's number, if any, chassis
1182	number, if any, and such other numbers or identification marks
1183	as may be thereon and shall also include a statement that a
1184	number has been obliterated, defaced, or changed, if such is the
1185	fact.
1186	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1187	(b)  The department may deny, suspend, or revoke any
1188	license issued hereunder or under the provisions of s. 320.77 or
1189	s. 320.771 upon proof that a licensee has committed, with
1190	sufficient frequency so as to establish a pattern of wrongdoing
1191	on the part of a licensee, violations of one or more of the
1192	following activities:
1193	1.  Representation that a demonstrator is a new motor
1194	vehicle, or the attempt to sell or the sale of a demonstrator as
1195	a new motor vehicle without written notice to the purchaser that
1196	the vehicle is a demonstrator. For the purposes of this section,
1197	a "demonstrator," a "new motor vehicle," and a "used motor
1198	vehicle" shall be defined as under s. 320.60.
1199	2.  Unjustifiable refusal to comply with a licensee's
1200	responsibility under the terms of the new motor vehicle warranty
1201	issued by its respective manufacturer, distributor, or importer.
1202	However, if such refusal is at the direction of the
1203	manufacturer, distributor, or importer, such refusal shall not
1204	be a ground under this section.
1205	3.  Misrepresentation or false, deceptive, or misleading
1206	statements with regard to the sale or financing of motor
1207	vehicles which any motor vehicle dealer has, or causes to have,
1208	advertised, printed, displayed, published, distributed,
1209	broadcast, televised, or made in any manner with regard to the
1210	sale or financing of motor vehicles.
1211	4.  Failure by any motor vehicle dealer to provide a
1212	customer or purchaser with an odometer disclosure statement and
1213	a copy of any bona fide written, executed sales contract or
1214	agreement of purchase connected with the purchase of the motor
1215	vehicle purchased by the customer or purchaser.
1216	5.  Failure of any motor vehicle dealer to comply with the
1217	terms of any bona fide written, executed agreement, pursuant to
1218	the sale of a motor vehicle.
1219	6.  Failure to apply for transfer of a title as prescribed
1220	in s. 319.23(6).
1221	7.  Use of the dealer license identification number by any
1222	person other than the licensed dealer or his or her designee.
1223	8.  Failure to continually meet the requirements of the
1224	licensure law.
1225	9.  Representation to a customer or any advertisement to
1226	the public representing or suggesting that a motor vehicle is a
1227	new motor vehicle if such vehicle lawfully cannot be titled in
1228	the name of the customer or other member of the public by the
1229	seller using a manufacturer's statement of origin as permitted
1230	in s. 319.23(1).
1231	10.  Requirement by any motor vehicle dealer that a
1232	customer or purchaser accept equipment on his or her motor
1233	vehicle which was not ordered by the customer or purchaser.
1234	11.  Requirement by any motor vehicle dealer that any
1235	customer or purchaser finance a motor vehicle with a specific
1236	financial institution or company.
1237	12.  Requirement by any motor vehicle dealer that the
1238	purchaser of a motor vehicle contract with the dealer for
1239	physical damage insurance.
1240	13.  Perpetration of a fraud upon any person as a result of
1241	dealing in motor vehicles, including, without limitation, the
1242	misrepresentation to any person by the licensee of the
1243	licensee's relationship to any manufacturer, importer, or
1244	distributor.
1245	14.  Violation of any of the provisions of s. 319.35 by any
1246	motor vehicle dealer.
1247	15.  Sale by a motor vehicle dealer of a vehicle offered in
1248	trade by a customer prior to consummation of the sale, exchange,
1249	or transfer of a newly acquired vehicle to the customer, unless
1250	the customer provides written authorization for the sale of the
1251	trade-in vehicle prior to delivery of the newly acquired
1252	vehicle.
1253	16.  Willful failure to comply with any administrative rule
1254	adopted by the department or with the provisions of s.
1255	320.131(8).
1256	17.  Violation of chapter 319, this chapter, or ss.
1257	559.901-559.9221, which has to do with dealing in or repairing
1258	motor vehicles or mobile homes. Additionally, in the case of
1259	used motor vehicles, the willful violation of the federal law
1260	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1261	the consumer sales window form.
1262	Section 46.  Subsections (1) and (9) of section 320.8249,
1263	Florida Statutes, are amended to read:
1264	320.8249  Mobile home installers license.--
1265	(1)  Any person who installs a engages in mobile home
1266	installation shall obtain a mobile home installers license from
1267	the Bureau of Mobile Home and Recreational Vehicle Construction
1268	of the Department of Highway Safety and Motor Vehicles pursuant
1269	to this section. Said license shall be renewed annually, and
1270	each licensee shall pay a fee of $150.
1271	(9)  No licensed person nor licensed applicant shall:
1272	(a)  Obtain a mobile home installers license by fraud or
1273	misrepresentation.
1274	(b)  Be convicted or found guilty of, or enter a plea of
1275	nolo contendere to, regardless of adjudication, a crime in any
1276	jurisdiction which directly relates to the practice of mobile
1277	home installation or the ability to practice.
1278	(c)  Violate any lawful order of the department, or any
1279	other law of this state, including chapter 319 or this chapter,
1280	that has to do with dealing in, installing, or repairing mobile
1281	homes.
1282	(d)  Commit fraud or deceit in the practice of contracting.
1283	(e)  Commit incompetence or misconduct in the practice of
1284	contracting.
1285	(f)  Commit gross negligence, repeated negligence, or
1286	negligence resulting in a significant danger to life or
1287	property.
1288	(g)  Commit violations of the installation standards for
1289	mobile homes or manufactured homes contained in rules 15C-1 and
1290	15C-2 15C-1.0102 to 15C-1.0104, Florida Administrative Code.
1291	(10)  Any licensed person or license applicant who violates
1292	any provision of subsection (9) may have any of the following
1293	disciplinary penalties imposed by the department:
1294	(a)  License revocation;
1295	(b)  License suspension;
1296	(c)  A fine not to exceed $1,000 per violation;
1297	(d)  A requirement to take and pass, or retake and pass,
1298	the department-approved examination;
1299	(e)  Probation;
1300	(f)  Probation subject to such restriction of practice as
1301	the department chooses to impose;
1302	(g)  A notice of noncompliance; or
1303	(h)  Refusal of licensure application.
1304	Section 47.  Subsections (4) and (10) of section 322.05,
1305	Florida Statutes, are amended to read:
1306	322.05  Persons not to be licensed.--The department may not
1307	issue a license:
1308	(4)  Except as provided by this subsection, to any person,
1309	as a Class A licensee, Class B licensee, or Class C licensee, or
1310	Class D licensee, who is under the age of 18 years. A person age
1311	16 or 17 years who applies for a Class D driver's license is
1312	subject to all the requirements and provisions of paragraphs
1313	(2)(a) and (b) and ss. 322.09 and 322.16(2) and (3). The
1314	department may require of any such applicant for a Class D
1315	driver's license such examination of the qualifications of the
1316	applicant as the department considers proper, and the department
1317	may limit the use of any license granted as it considers proper.
1318	(10)  To any person, when the department has good cause to
1319	believe that the operation of a motor vehicle on the highways by
1320	such person would be detrimental to public safety or welfare.
1321	Deafness alone shall not prevent the person afflicted from being
1322	issued a Class D or Class E driver's license.
1323	Section 48.  Subsections (1) and (2) of section 322.051,
1324	Florida Statutes, are amended, and subsection (8) is added to
1325	said section, to read:
1326	322.051  Identification cards.--
1327	(1)  Any person who is 12 years of age or older, or any
1328	person who has a disability, regardless of age, who applies for
1329	a disabled parking permit under s. 320.0848, may be issued an
1330	identification card by the department upon completion of an
1331	application and payment of an application fee.
1332	(a)  Each such application shall include the following
1333	information regarding the applicant:
1334	1.  Full name (first, middle or maiden, and last), gender,
1335	social security card number, county of residence and mailing
1336	address, country of birth, and a brief description.
1337	2.  Proof of birth date satisfactory to the department.
1338	3.  Proof of identity satisfactory to the department. Such
1339	proof must include one of the following documents issued to the
1340	applicant:
1341	a.  A driver's license record or identification card record
1342	from another jurisdiction that required the applicant to submit
1343	a document for identification which is substantially similar to
1344	a document required under sub-subparagraph b., sub-subparagraph
1345	c., sub-subparagraph d., sub-subparagraph e., or sub-
1346	subparagraph f., or sub-subparagraph g.;
1347	b.  A certified copy of a United States birth certificate;
1348	c.  A valid United States passport;
1349	d.  A naturalization certificate issued by the United
1350	States Department of Justice;
1351	e.d.  An alien registration receipt card (green card);
1352	f.e.  An employment authorization card issued by the United
1353	States Department of Justice; or
1354	g.f.  Proof of nonimmigrant classification provided by the
1355	United States Department of Justice, for an original
1356	identification card. In order to prove such nonimmigrant
1357	classification, applicants may produce but are not limited to
1358	the following documents:
1359	(I)  A notice of hearing from an immigration court
1360	scheduling a hearing on any proceeding.
1361	(II)  A notice from the Board of Immigration Appeals
1362	acknowledging pendency of an appeal.
1363	(III)  Notice of the approval of an application for
1364	adjustment of status issued by the United States Immigration and
1365	Naturalization Service.
1366	(IV)  Any official documentation confirming the filing of a
1367	petition for asylum status or any other relief issued by the
1368	United States Immigration and Naturalization Service.
1369	(V)  Notice of action transferring any pending matter from
1370	another jurisdiction to Florida, issued by the United States
1371	Immigration and Naturalization Service.
1372	(VI)  Order of an immigration judge or immigration officer
1373	granting any relief that authorizes the alien to live and work
1374	in the United States including, but not limited to asylum.
1375
1376	Presentation of any of the foregoing documents described in sub-
1377	subparagraph f. or sub-subparagraph g. entitles shall entitle
1378	the applicant to an identification card a driver's license or
1379	temporary permit for a period not to exceed the expiration date
1380	of the document presented or 2 years, whichever first occurs.
1381	(b)  An application for an identification card must be
1382	signed and verified by the applicant in a format designated by
1383	the department before a person authorized to administer oaths.
1384	The fee for an identification card is $3, including payment for
1385	the color photograph or digital image of the applicant.
1386	(c)  Each such applicant may include fingerprints and any
1387	other unique biometric means of identity.
1388	(2)(a)  Every identification card shall expire, unless
1389	canceled earlier, on the sixth fourth birthday of the applicant
1390	following the date of original issue. However, if an individual
1391	is 60 years of age or older, and has an identification card
1392	issued under this section, the card shall not expire unless done
1393	so by cancellation by the department or by the death of the
1394	cardholder. Renewal of any identification card shall be made for
1395	a term which shall expire on the sixth fourth birthday of the
1396	applicant following expiration of the identification card
1397	renewed, unless surrendered earlier. Any application for renewal
1398	received later than 90 days after expiration of the
1399	identification card shall be considered the same as an
1400	application for an original identification card. The renewal fee
1401	for an identification card shall be $10, of which $4 shall be
1402	deposited into the General Revenue Fund and $6 into the Highway
1403	Safety Operating Trust Fund. The department shall, at the end of
1404	6 4 years and 6 months after the issuance or renewal of an
1405	identification card, destroy any record of the card if it has
1406	expired and has not been renewed, unless the cardholder is 60
1407	years of age or older.
1408	(b)  Notwithstanding any other provision of this chapter,
1409	if an applicant establishes his or her identity for an
1410	identification card using a document authorized under sub-
1411	subparagraph (1)(a)3.e. (a)3.d., the identification card shall
1412	expire on the sixth fourth birthday of the applicant following
1413	the date of original issue or upon first renewal or duplicate
1414	issued after implementation of this section. After an initial
1415	showing of such documentation, he or she is exempted from having
1416	to renew or obtain a duplicate in person.
1417	(c)  Notwithstanding any other provisions of this chapter,
1418	if an applicant establishes his or her identity for an
1419	identification card using an identification document authorized
1420	under sub-subparagraph (1)(a)3.f. or sub-subparagraph (1)(a)3.g.
1421	sub-subparagraphs (a)3.e.-f., the identification card shall
1422	expire 2 years after the date of issuance or upon the expiration
1423	date cited on the United States Department of Justice documents,
1424	whichever date first occurs, and may not be renewed or obtain a
1425	duplicate except in person.
1426	(8)  The department shall, on receipt of the required fee,
1427	issue to each qualified applicant for an identification card a
1428	color photographic or digital image identification card bearing
1429	a full-face photograph or digital image of the identification
1430	cardholder. Notwithstanding the provisions of chapter 761, the
1431	requirement for a full-face photograph or digital image of the
1432	identification cardholder shall not be waived. A space shall be
1433	provided upon which the identification cardholder shall affix
1434	his or her usual signature, as required in s. 322.14, in the
1435	presence of an authorized agent of the department so as to
1436	ensure that such signature becomes a part of the identification
1437	card.
1438	Section 49.  Subsections (2) and (3) of section 322.07,
1439	Florida Statutes, are amended to read:
1440	322.07  Instruction permits and temporary licenses.--
1441	(2)  The department may, in its discretion, issue a
1442	temporary permit to an applicant for a Class D or Class E
1443	driver's license permitting him or her to operate a motor
1444	vehicle of the type for which a Class D or Class E driver's
1445	license is required while the department is completing its
1446	investigation and determination of all facts relative to such
1447	applicant's right to receive a driver's license. Such permit
1448	must be in his or her immediate possession while operating a
1449	motor vehicle, and it shall be invalid when the applicant's
1450	license has been issued or for good cause has been refused.
1451	(3)  Any person who, except for his or her lack of
1452	instruction in operating a Class D or commercial motor vehicle,
1453	would otherwise be qualified to obtain a Class D or commercial
1454	driver's license under this chapter, may apply for a temporary
1455	Class D or temporary commercial instruction permit. The
1456	department shall issue such a permit entitling the applicant,
1457	while having the permit in his or her immediate possession, to
1458	drive a Class D or commercial motor vehicle on the highways,
1459	provided that:
1460	(a)  The applicant possesses a valid driver's license
1461	issued in any state; and
1462	(b)  The applicant, while operating a Class D or commercial
1463	motor vehicle, is accompanied by a licensed driver who is 21
1464	years of age or older, who is licensed to operate the class of
1465	vehicle being operated, and who is actually occupying the
1466	closest seat to the right of the driver.
1467	Section 50.  Paragraph (c) of subsection (2) of section
1468	322.08, Florida Statutes, is amended to read:
1469	322.08  Application for license.--
1470	(2)  Each such application shall include the following
1471	information regarding the applicant:
1472	(c)  Proof of identity satisfactory to the department. Such
1473	proof must include one of the following documents issued to the
1474	applicant:
1475	1.  A driver's license record or identification card record
1476	from another jurisdiction that required the applicant to submit
1477	a document for identification which is substantially similar to
1478	a document required under subparagraph 2., subparagraph 3.,
1479	subparagraph 4., subparagraph 5., or subparagraph 6., or
1480	subparagraph 7.;
1481	2.  A certified copy of a United States birth certificate;
1482	3.  A valid United States passport;
1483	4.  A naturalization certificate issued by the United
1484	States Department of Justice;
1485	5.4.  An alien registration receipt card (green card);
1486	6.5.  An employment authorization card issued by the United
1487	States Department of Justice; or
1488	7.6.  Proof of nonimmigrant classification provided by the
1489	United States Department of Justice for an original driver
1490	license. In order to prove such nonimmigrant classification, an
1491	applicant may produce documents including, but not limited to,
1492	the following:
1493	a.  A notice of hearing from an immigration court
1494	scheduling a hearing on any proceeding;
1495	b.  A notice from the Board of Immigration Appeals
1496	acknowledging pendency of an appeal;
1497	c.  Notice of the approval of an application for adjustment
1498	of status issued by the United States Immigration and
1499	Naturalization Service;
1500	d.  Any official documentation confirming the filing of a
1501	petition for asylum status or any other relief issued by the
1502	United States Immigration and Naturalization Service;
1503	e.  Notice of action transferring any pending matter from
1504	another jurisdiction to this state, issued by the United States
1505	Immigration and Naturalization Service; or
1506	f.  An order of an immigration judge or immigration officer
1507	granting any relief that authorizes the alien to live and work
1508	in the United States, including, but not limited to, asylum.
1509
1510	Presentation of any of the documents in subparagraph 6. or
1511	subparagraph 7. entitles the applicant to a driver license or
1512	temporary permit for a period not to exceed the expiration date
1513	of the document presented or 2 years, whichever occurs first.
1514	Section 51.  Subsection (3) of section 322.12, Florida
1515	Statutes, is amended to read:
1516	322.12  Examination of applicants.--
1517	(3)  For an applicant for a Class D or a Class E driver's
1518	license, such examination shall include a test of the
1519	applicant's eyesight given by the driver's license examiner
1520	designated by the department or by a licensed ophthalmologist,
1521	optometrist, or physician and a test of the applicant's hearing
1522	given by a driver's license examiner or a licensed physician.
1523	The examination shall also include a test of the applicant's
1524	ability to read and understand highway signs regulating,
1525	warning, and directing traffic; his or her knowledge of the
1526	traffic laws of this state, including laws regulating driving
1527	under the influence of alcohol or controlled substances, driving
1528	with an unlawful blood-alcohol level, and driving while
1529	intoxicated; and his or her knowledge of the effects of alcohol
1530	and controlled substances upon persons and the dangers of
1531	driving a motor vehicle while under the influence of alcohol or
1532	controlled substances and shall include an actual demonstration
1533	of ability to exercise ordinary and reasonable control in the
1534	operation of a motor vehicle.
1535	Section 52.  Subsections (1) and (4) of section 322.135,
1536	Florida Statutes, are amended, and subsection (9) is added to
1537	said section, to read:
1538	322.135  Driver's license agents.--
1539	(1)  The department may, upon application, authorize any or
1540	all of the tax collectors in the several counties of the state,
1541	subject to the requirements of law, in accordance with rules of
1542	the department, to serve as its agent for the provision of
1543	specified driver's license services.
1544	(a)  These services shall be limited to the issuance of
1545	driver's licenses and identification cards as authorized by this
1546	chapter.
1547	(b)  Each tax collector who is authorized by the department
1548	to provide driver's license services shall bear all costs
1549	associated with providing those services.
1550	(c)  A fee of $5.25 is to be charged, in addition to the
1551	fees set forth in this chapter, for any driver's license issued
1552	or renewed by a tax collector. One dollar of the $5.25 fee must
1553	be deposited into the Highway Safety Operating Trust Fund.
1554	(4)  A tax collector may not issue or renew a driver's
1555	license if he or she has any reason to believe that the licensee
1556	or prospective licensee is physically or mentally unqualified to
1557	operate a motor vehicle. The tax collector may shall direct any
1558	such licensee to the department for examination or reexamination
1559	under s. 322.221.
1560	(9)  Notwithstanding chapter 116, every county officer
1561	within this state authorized to collect funds provided for in
1562	this chapter shall pay all sums officially received by the
1563	officer into the State Treasury no later than 5 working days
1564	after the close of the business day on which the officer
1565	received the funds. Payment by county officers to the state
1566	shall be made by means of electronic funds transfer.
1567	Section 53.  Subsection (1) of section 322.142, Florida
1568	Statutes, is amended to read:
1569	322.142  Color photographic or digital imaged licenses.--
1570	(1)  The department shall, upon receipt of the required
1571	fee, issue to each qualified applicant for a an original
1572	driver's license a color photographic or digital imaged driver's
1573	license bearing a fullface photograph or digital image of the
1574	licensee. Notwithstanding the provisions of chapter 761, the
1575	requirement for a fullface photograph or digital image of the
1576	licensee shall not be waived. A space shall be provided upon
1577	which the licensee shall affix his or her usual signature, as
1578	required in s. 322.14, in the presence of an authorized agent of
1579	the department so as to ensure that such signature becomes a
1580	part of the license.
1581	Section 54.  Subsections (3) and (4) of section 322.161,
1582	Florida Statutes, are renumbered as subsections (2) and (3),
1583	respectively, and present subsections (1) and (2) of said
1584	section are amended to read:
1585	322.161  High-risk drivers; restricted licenses.--
1586	(1)(a)  Notwithstanding any provision of law to the
1587	contrary, the department shall restrict the driving privilege of
1588	any Class D or Class E licensee who is age 15 through 17 and who
1589	has accumulated six or more points pursuant to s. 318.14,
1590	excluding parking violations, within a 12-month period.
1591	(b)  Upon determination that any person has accumulated six
1592	or more points, the department shall notify the licensee and
1593	issue the licensee a restricted license for business purposes
1594	only. The licensee must appear before the department within 10
1595	days after notification to have this restriction applied. The
1596	period of restriction shall be for a period of no less than 1
1597	year beginning on the date it is applied by the department.
1598	(c)  The restriction shall be automatically withdrawn by
1599	the department after 1 year if the licensee does not accumulate
1600	any additional points. If the licensee accumulates any
1601	additional points, then the period of restriction shall be
1602	extended 90 days for each point. The restriction shall also be
1603	automatically withdrawn upon the licensee's 18th birthday if no
1604	other grounds for restriction exist. The licensee must appear
1605	before the department to have the restriction removed and a
1606	duplicate license issued.
1607	(2)(a)  Any Class E licensee who is age 15 through 17 and
1608	who has accumulated six or more points pursuant to s. 318.14,
1609	excluding parking violations, within a 12-month period shall not
1610	be eligible to obtain a Class D license for a period of no less
1611	than 1 year. The period of ineligibility shall begin on the date
1612	of conviction for the violation that results in the licensee's
1613	accumulation of six or more points.
1614	(b)  The period of ineligibility shall automatically expire
1615	after 1 year if the licensee does not accumulate any additional
1616	points. If the licensee accumulates any additional points, then
1617	the period of ineligibility shall be extended 90 days for each
1618	point. The period of ineligibility shall also automatically
1619	expire upon the licensee's 18th birthday if no other grounds for
1620	ineligibility exist.
1621	Section 55.  Subsection (3) of section 322.17, Florida
1622	Statutes, is amended to read:
1623	322.17  Duplicate and replacement certificates.--
1624	(3)  Notwithstanding any other provisions of this chapter,
1625	if a licensee establishes his or her identity for a driver's
1626	license using an identification document authorized under s.
1627	322.08(2)(c)6. or 7. 5.-6., the licensee may not obtain a
1628	duplicate or replacement instruction permit or driver's license
1629	except in person and upon submission of an identification
1630	document authorized under s. 322.08(2)(c)6. or 7. 5.-6.
1631	Section 56.  Subsections (2) and (4) of section 322.18,
1632	Florida Statutes, are amended to read:
1633	322.18  Original applications, licenses, and renewals;
1634	expiration of licenses; delinquent licenses.--
1635	(2)  Each applicant who is entitled to the issuance of a
1636	driver's license, as provided in this section, shall be issued a
1637	driver's license, as follows:
1638	(a)  An applicant applying for an original issuance shall
1639	be issued a driver's license which expires at midnight on the
1640	licensee's birthday which next occurs on or after the sixth
1641	anniversary of the date of issue.
1642	(b)  An applicant applying for a renewal issuance or
1643	renewal extension shall be issued a driver's license or renewal
1644	extension sticker which expires at midnight on the licensee's
1645	birthday which next occurs 4 years after the month of expiration
1646	of the license being renewed, except that a driver whose driving
1647	record reflects no convictions for the preceding 3 years shall
1648	be issued a driver's license or renewal extension sticker which
1649	expires at midnight on the licensee's birthday which next occurs
1650	6 years after the month of expiration of the license being
1651	renewed.
1652	(c)  Notwithstanding any other provision of this chapter,
1653	if an applicant establishes his or her identity for a driver's
1654	license using a document authorized under s. 322.08(2)(c)5.4.,
1655	the driver's license shall expire in accordance with paragraph
1656	(b). After an initial showing of such documentation, he or she
1657	is exempted from having to renew or obtain a duplicate in
1658	person.
1659	(d)  Notwithstanding any other provision of this chapter,
1660	if applicant establishes his or her identity for a driver's
1661	license using a document authorized in s. 322.08(2)(c)6. or 7.
1662	5. or 6., the driver's license shall expire 2 4 years after the
1663	date of issuance or upon the expiration date cited on the United
1664	States Department of Justice documents, whichever date first
1665	occurs.
1666	(e)  Notwithstanding any other provision of this chapter,
1667	an applicant applying for an original or renewal issuance of a
1668	commercial driver license as defined in s. 322.01(7), with a
1669	hazardous-materials endorsement, pursuant to s. 322.57(1)(d),
1670	shall be issued a driver license which expires at midnight on
1671	the licensee's birthday which next occurs 4 years after the
1672	month of expiration of the license being issued or renewed.
1673	(4)(a)  Except as otherwise provided in this chapter, all
1674	licenses shall be renewable every 4 years or 6 years, depending
1675	upon the terms of issuance and shall be issued or extended upon
1676	application, payment of the fees required by s. 322.21, and
1677	successful passage of any required examination, unless the
1678	department has reason to believe that the licensee is no longer
1679	qualified to receive a license.
1680	(b)  Notwithstanding any other provision of this chapter,
1681	if an applicant establishes his or her identity for a driver's
1682	license using a document authorized under s. 322.08(2)(c)5.4.,
1683	the license, upon an initial showing of such documentation, is
1684	exempted from having to renew or obtain a duplicate in person,
1685	unless the renewal or duplication coincides with the periodic
1686	reexamination of a driver as required pursuant to s. 322.121.
1687	(c)  Notwithstanding any other provision of this chapter,
1688	if a licensee establishes his or her identity for a driver's
1689	license using an identification document authorized under s.
1690	322.08(2)(c)6. or 7. 5. or 6., the licensee may not renew the
1691	driver's license except in person and upon submission of an
1692	identification document authorized under s. 322.08(2)(c)6. or 7.
1693	4.-6. A driver's license renewed under this paragraph expires 4
1694	years after the date of issuance or upon the expiration date
1695	cited on the United States Department of Justice documents,
1696	whichever date first occurs.
1697	Section 57.  Subsection (4) of section 322.19, Florida
1698	Statutes, is amended to read:
1699	322.19  Change of address or name.--
1700	(4)  Notwithstanding any other provision of this chapter,
1701	if a licensee established his or her identity for a driver's
1702	license using an identification document authorized under s.
1703	322.08(2)(c)6. or 7. 5.-6., the licensee may not change his or
1704	her name or address except in person and upon submission of an
1705	identification document authorized under s. 322.08(2)(c)6. or 7.
1706	4.-6.
1707	Section 58.  Paragraph (a) of subsection (11) of section
1708	322.20, Florida Statutes, is amended to read:
1709	322.20  Records of the department; fees; destruction of
1710	records.--
1711	(11)(a)  The department is authorized to charge the
1712	following fees for the following services and documents:
1713	1.  For providing a transcript of any one individual's
1714	driver history record or any portion thereof for the past 3
1715	years or for searching for such record when no record is found
1716	to be on file      $2.10
1717	2.  For providing a transcript of any one individual's
1718	driver history record or any portion thereof for the past 7
1719	years or for searching for such record when no record is found
1720	to be on file      $3.10
1721	3.  For providing a certified copy of a transcript of the
1722	driver history record or any portion thereof for any one
1723	individual     $3.10
1724	4.  For providing a certified photographic copy of a
1725	document, per page     $1.00
1726	5.  For providing an exemplified record     $15.00
1727	6.  For providing photocopies of documents, papers,
1728	letters, clearances, or license or insurance status reports, per
1729	page
1730	$0.50
1731	7.  For assisting persons in searching any one individual's
1732	driver record at a terminal located at the department's general
1733	headquarters in Tallahassee     $2.00
1734	8.  For providing electronic access to driver's license
1735	status report by name, sex, and date of birth or by driver
1736	license number, 50 cents per item, except that information
1737	provided via the department's Internet website shall be free of
1738	charge.
1739	Section 59.  Subsection (1) of section 322.21, Florida
1740	Statutes, is amended to read:
1741	322.21  License fees; procedure for handling and collecting
1742	fees.--
1743	(1)  Except as otherwise provided herein, the fee for:
1744	(a)  An original or renewal commercial driver's license is
1745	$50, which shall include the fee for driver education provided
1746	by s. 1003.48; however, if an applicant has completed training
1747	and is applying for employment or is currently employed in a
1748	public or nonpublic school system that requires the commercial
1749	license, the fee shall be the same as for a Class E driver's
1750	license. A delinquent fee of $1 shall be added for a renewal
1751	made not more than 12 months after the license expiration date.
1752	(b)  An original Class D or Class E driver's license is
1753	$20, which shall include the fee for driver's education provided
1754	by s. 1003.48; however, if an applicant has completed training
1755	and is applying for employment or is currently employed in a
1756	public or nonpublic school system that requires a commercial
1757	driver license, the fee shall be the same as for a Class E
1758	license.
1759	(c)  The renewal or extension of a Class D or Class E
1760	driver's license or of a license restricted to motorcycle use
1761	only is $15, except that a delinquent fee of $1 shall be added
1762	for a renewal or extension made not more than 12 months after
1763	the license expiration date. The fee provided in this paragraph
1764	shall include the fee for driver's education provided by s.
1765	1003.48.
1766	(d)  An original driver's license restricted to motorcycle
1767	use only is $20, which shall include the fee for driver's
1768	education provided by s. 1003.48.
1769	(e)  Each endorsement required by s. 322.57 is $5.
1770	(f)  A hazardous-materials endorsement as required by s.
1771	322.57(1)(d) shall be set by the department and shall reflect
1772	the cost of the required criminal history checks, including the
1773	costs of the state and federal fingerprint check, and the cost
1774	of production and issuance of the license by the department.
1775	Section 60.  Section 322.22, Florida Statutes, is amended
1776	to read:
1777	322.22  Authority of department to cancel license,
1778	identification card, vehicle registration, fuel-use tax decal.--
1779	(1)  The department is authorized to cancel any driver's
1780	license, upon determining that the licensee was not entitled to
1781	the issuance thereof, or that the licensee failed to give the
1782	required or correct information in his or her application or
1783	committed any fraud in making such application, or that the
1784	licensee has two or more licenses on file with the department,
1785	each in a different name but bearing the photograph of the
1786	licensee, unless the licensee has complied with the requirements
1787	of this chapter in obtaining the licenses. The department may
1788	cancel any driver's license, identification card, vehicle
1789	registration, or fuel-use tax decal if the licensee fails to pay
1790	the correct fee or uses a dishonored check to pay pays for the
1791	driver license, identification card, vehicle registration, or
1792	fuel-use tax decal; to pay any tax liability, penalty, or
1793	interest specified in chapter 207; or to pay pays any
1794	administrative, delinquency, or reinstatement fee by a
1795	dishonored check.
1796	(2)  Upon such cancellation, the licensee must surrender to
1797	the department the license, identification card, vehicle
1798	registration, or fuel-use tax decal so canceled.
1799	Section 61.  Subsections (4) and (5) of section 322.251,
1800	Florida Statutes, are amended to read:
1801	322.251  Notice of cancellation, suspension, revocation, or
1802	disqualification of license.--
1803	(4)  A person whose privilege to operate a commercial motor
1804	vehicle is temporarily disqualified may, upon surrendering his
1805	or her commercial driver's license, be issued a Class D or Class
1806	E driver's license, valid for the length of his or her unexpired
1807	commercial driver's license, at no cost. Such person may, upon
1808	the completion of his or her disqualification, be issued a
1809	commercial driver's license, of the type disqualified, for the
1810	remainder of his or her unexpired license period. Any such
1811	person shall pay the reinstatement fee provided in s. 322.21
1812	before being issued a commercial driver's license.
1813	(5)  A person whose privilege to operate a commercial motor
1814	vehicle is permanently disqualified may, upon surrendering his
1815	or her commercial driver's license, be issued a Class D or Class
1816	E driver's license, if he or she is otherwise qualified to
1817	receive such license. Any such person shall be issued a Class D
1818	or Class E license, valid for the remainder of his or her
1819	unexpired license period, at no cost.
1820	Section 62.  Paragraph (c) of subsection (2) of section
1821	322.292, Florida Statutes, is amended to read:
1822	322.292  DUI programs supervision; powers and duties of the
1823	department.--
1824	(2)  The department shall adopt rules to implement its
1825	supervisory authority over DUI programs in accordance with the
1826	procedures of chapter 120, including the establishment of
1827	uniform standards of operation for DUI programs and the method
1828	for setting and approving fees, as follows:
1829	(c)  Implement procedures for the granting and revoking of
1830	licenses for DUI programs, including:
1831	1.  A uniform application fee not to exceed $1,000 but in
1832	an amount sufficient to cover the department's administrative
1833	costs in processing and evaluating DUI program license
1834	applications. The application fee shall not apply to programs
1835	that apply for licensure to serve a county that does not have a
1836	currently licensed DUI program or where the currently licensed
1837	program has relinquished its license.
1838	2.  In considering an application for approval of a DUI
1839	program, the department shall determine whether improvements in
1840	service may be derived from the operation of the DUI program and
1841	the number of clients currently served in the circuit. The
1842	department shall apply the following criteria:
1843	a.  The increased frequency of classes and availability of
1844	locations of services offered by the applicant DUI program.
1845	b.  Services and fees offered by the applicant DUI program
1846	and any existing DUI program.
1847	c.  The number of DUI clients currently served and
1848	historical trends in the number of clients served in the
1849	circuit.
1850	d.  The availability, accessibility, and service history of
1851	any existing DUI program services.
1852	e.  The applicant DUI program's service history.
1853	f.  The availability of resources, including personnel,
1854	demonstrated management capability, and capital and operating
1855	expenditures of the applicant DUI program.
1856	g.  Improved services to minority and special needs
1857	clients.
1858	3.  Authority for competing applicants and currently
1859	licensed DUI programs serving the same geographic area to
1860	request an administrative hearing under chapter 120 to contest
1861	the department's determination of need for an additional
1862	licensed DUI program in that area.
1863	4.  A requirement that the department revoke the license of
1864	any DUI program that does not provide the services specified in
1865	its application within 45 days after licensure and notify the
1866	chief judge of that circuit of such revocation.
1867	5.  A requirement that all applicants for initial licensure
1868	as a DUI program in a particular circuit on and after the
1869	effective date of this act must, at a minimum, satisfy each of
1870	the following criteria:
1871	a.  Maintain a primary business office in the circuit which
1872	is located in a permanent structure that is readily accessible
1873	by public transportation, if public transportation is available.
1874	The primary business office must be adequately staffed and
1875	equipped to provide all DUI program support services, including
1876	registration and a file for each person who registers for the
1877	program.
1878	b.  Have a satellite office for registration of DUI
1879	offenders in each county in the circuit which is located in a
1880	permanent structure that is readily accessible by public
1881	transportation, if public transportation is available. A
1882	satellite office is not required in any county where the total
1883	number of DUI convictions in the most recent calendar year is
1884	less than 200.
1885	c.  Have a classroom in each county in the circuit which is
1886	located in a permanent structure that is readily accessible by
1887	public transportation, if public transportation is available. A
1888	classroom is not required in any county where the total number
1889	of DUI convictions in the most recent calendar year is less than
1890	100. A classroom may not be located within 250 feet of any
1891	business that sells alcoholic beverages. However, a classroom
1892	shall not be required to be relocated when a business selling
1893	alcoholic beverages locates to within 250 feet of the classroom.
1894	d.  Have a plan for conducting all DUI education courses,
1895	evaluation services, and other services required by the
1896	department. The level I DUI education course must be taught in
1897	four segments, with no more than 6 hours of classroom
1898	instruction provided to any offender each day. All DUI education
1899	courses must be in a classroom with face-to-face instruction and
1900	interaction among offenders and an instructor.
1901	e.  Employ at least 1 full-time certified addiction
1902	professional for the program at all times.
1903	f.  Document support from community agencies involved in
1904	DUI education and substance abuse treatment in the circuit.
1905	g.  Have a volunteer board of directors and advisory
1906	committee made up of citizens who reside in the circuit in which
1907	licensure is sought.
1908	h.  Submit documentation of compliance with all applicable
1909	federal, state, and local laws, including, but not limited to,
1910	the Americans with Disabilities Act.
1911	Section 63.  Subsection (2) of section 322.30, Florida
1912	Statutes, is amended to read:
1913	322.30  No operation under foreign license during
1914	suspension, revocation, or disqualification in this state.--
1915	(2)  Notwithstanding subsection (1), any commercial motor
1916	vehicle operator whose privilege to operate such vehicle is
1917	disqualified may operate a motor vehicle in this state as a
1918	Class D or Class E licensee, if authorized by this chapter.
1919	Section 64.  Section 322.53, Florida Statutes, is amended
1920	to read:
1921	322.53  License required; exemptions.--
1922	(1)  Except as provided in subsection (2), every person who
1923	drives a commercial motor vehicle in this state is required to
1924	possess a valid commercial driver's license issued in accordance
1925	with the requirements of this chapter.
1926	(2)  The following persons are exempt from the requirement
1927	to obtain a commercial driver's license:
1928	(a)  Drivers of authorized emergency vehicles.
1929	(b)  Military personnel driving military vehicles.
1930	(c)  Farmers transporting farm supplies or farm machinery
1931	within 150 miles of their farm, or transporting agricultural
1932	products to or from the first place of storage or processing or
1933	directly to or from market, within 150 miles of their farm.
1934	(d)  Drivers of recreational vehicles, as defined in s.
1935	320.01.
1936	(e)  Drivers who operate straight trucks, as defined in s.
1937	316.003, that are exclusively transporting their own tangible
1938	personal property which is not for sale.
1939	(f)  An employee of a publicly owned transit system who is
1940	limited to moving vehicles for maintenance or parking purposes
1941	exclusively within the restricted-access confines of a transit
1942	system's property.
1943	(3)  Notwithstanding subsection (2), all drivers of for-
1944	hire commercial motor vehicles are required to possess a valid
1945	commercial driver's license issued in accordance with the
1946	requirements of this chapter.
1947	(4)  A resident who is exempt from obtaining a commercial
1948	driver's license pursuant to paragraph (2)(a) or paragraph
1949	(2)(c) and who drives a commercial motor vehicle must obtain a
1950	Class D driver's license endorsed to authorize the operation of
1951	the particular type of vehicle for which his or her exemption is
1952	granted.
1953	(4)(5)  A resident who is exempt from obtaining a
1954	commercial driver's license pursuant to paragraph (2)(b),
1955	paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may
1956	drive a commercial motor vehicle pursuant to the exemption
1957	granted in paragraph (2)(b), paragraph (2)(d), paragraph (2)(e),
1958	or paragraph (2)(f) if he or she possesses a valid Class D or
1959	Class E driver's license or a military license.
1960	(5)(6)  The department shall adopt rules and enter into
1961	necessary agreements with other jurisdictions to provide for the
1962	operation of commercial vehicles by nonresidents pursuant to the
1963	exemption granted in subsection (2).
1964	Section 65.  Subsection (2) of section 322.54, Florida
1965	Statutes, is amended to read:
1966	322.54  Classification.--
1967	(2)  The department shall issue, pursuant to the
1968	requirements of this chapter, drivers' licenses in accordance
1969	with the following classifications:
1970	(a)  Any person who drives a motor vehicle combination
1971	having a gross vehicle weight rating, a declared weight, or an
1972	actual weight, whichever is greatest, of 26,001 pounds or more
1973	must possess a valid Class A driver's license, provided the
1974	gross vehicle weight rating, declared weight, or actual weight,
1975	whichever is greatest, of the vehicle being towed is more than
1976	10,000 pounds. Any person who possesses a valid Class A driver's
1977	license may, subject to the appropriate restrictions and
1978	endorsements, drive any class of motor vehicle within this
1979	state.
1980	(b)  Any person, except a person who possesses a valid
1981	Class A driver's license, who drives a motor vehicle having a
1982	gross vehicle weight rating, a declared weight, or an actual
1983	weight, whichever is greatest, of 26,001 pounds or more must
1984	possess a valid Class B driver's license. Any person, except a
1985	person who possesses a valid Class A driver's license, who
1986	drives such vehicle towing a vehicle having a gross vehicle
1987	weight rating, a declared weight, or an actual weight, whichever
1988	is greatest, of 10,000 pounds or less must possess a valid Class
1989	B driver's license. Any person who possesses a valid Class B
1990	driver's license may, subject to the appropriate restrictions
1991	and endorsements, drive any class of motor vehicle, other than
1992	the type of motor vehicle for which a Class A driver's license
1993	is required, within this state.
1994	(c)  Any person, except a person who possesses a valid
1995	Class A or a valid Class B driver's license, who drives a motor
1996	vehicle combination having a gross vehicle weight rating, a
1997	declared weight, or an actual weight, whichever is greatest, of
1998	26,001 pounds or more must possess a valid Class C driver's
1999	license. Any person, except a person who possesses a valid Class
2000	A or valid Class B driver's license, who drives a motor vehicle
2001	combination having a gross vehicle weight rating, a declared
2002	weight, or an actual weight, whichever is greatest, of less than
2003	26,001 pounds and who is required to obtain an endorsement
2004	pursuant to paragraph (1)(a), paragraph (1)(b), paragraph
2005	(1)(c), paragraph (1)(d), or paragraph (1)(e) of s. 322.57, must
2006	possess a valid Class C driver's license that is clearly
2007	restricted to the operation of a motor vehicle or motor vehicle
2008	combination of less than 26,001 pounds. Any person who possesses
2009	a valid Class C driver's license may, subject to the appropriate
2010	restrictions and endorsements, drive any class of motor vehicle,
2011	other than the type of motor vehicle for which a Class A or a
2012	Class B driver's license is required, within this state.
2013	(d)  Any person, except a person who possesses a valid
2014	Class A, valid Class B, or valid Class C driver's license, who
2015	drives a truck or a truck tractor having a gross vehicle weight
2016	rating, a declared weight, or an actual weight, whichever is
2017	greatest, of 8,000 pounds or more but less than 26,001 pounds,
2018	or which has a width of more than 80 inches must possess a valid
2019	Class D driver's license. Any person who possesses a valid Class
2020	D driver's license may, subject to the appropriate restrictions
2021	and endorsements, drive any type of motor vehicle, other than
2022	the type of motor vehicle for which a Class A, Class B, or Class
2023	C driver's license is required, within this state.
2024	(d)(e)  Any person, except a person who possesses a valid
2025	Class A, valid Class B, or valid Class C, or valid Class D
2026	driver's license, who drives a motor vehicle must possess a
2027	valid Class E driver's license. Any person who possesses a valid
2028	Class E driver's license may, subject to the appropriate
2029	restrictions and endorsements, drive any type of motor vehicle,
2030	other than the type of motor vehicle for which a Class A, Class
2031	B, or Class C, or Class D driver's license is required, within
2032	this state.
2033	Section 66.  Paragraph (g) is added to subsection (1) of
2034	section 322.57, Florida Statutes, and subsection (2) of said
2035	section is amended, to read:
2036	322.57  Tests of knowledge concerning specified vehicles;
2037	endorsement; nonresidents; violations.--
2038	(1)  In addition to fulfilling any other driver's licensing
2039	requirements of this chapter, a person who:
2040	(g)  Drives a school bus must successfully complete a test
2041	of his or her knowledge concerning the safe operation of such
2042	vehicles and a test of his or her driving skill in such a
2043	vehicle.
2044	(2)  Before driving or operating any vehicle listed in
2045	subsection (1), a person must obtain an endorsement on his or
2046	her driver's license. An endorsement under paragraph (a),
2047	paragraph (b), paragraph (c), paragraph (d), or paragraph (e) of
2048	subsection (1) shall be issued only to persons who possess a
2049	valid Class A, valid Class B, or valid Class C driver's license.
2050	A person who drives a motor vehicle or motor vehicle combination
2051	that requires an endorsement under this subsection and who
2052	drives a motor vehicle or motor vehicle combination having a
2053	gross vehicle weight rating, a declared weight, or an actual
2054	weight, whichever is greatest, of less than 26,000 pounds shall
2055	be issued a Class C driver's license that is clearly restricted
2056	to the operation of a motor vehicle or motor vehicle combination
2057	of less than 26,000 pounds.
2058	Section 67.  Paragraph (a) of subsection (1) of section
2059	322.58, Florida Statutes, is amended to read:
2060	322.58  Holders of chauffeur's licenses; effect of
2061	classified licensure.--
2062	(1)  In order to provide for the classified licensure of
2063	commercial motor vehicle drivers, the department shall require
2064	persons who have valid chauffeur's licenses to report on or
2065	after April 1, 1991, to the department for classified licensure,
2066	according to a schedule developed by the department.
2067	(a)  Any person who holds a valid chauffeur's license may
2068	continue to operate vehicles for which a Class E D driver's
2069	license is required until his or her chauffeur's license
2070	expires.
2071	Section 68.  Section 322.61, Florida Statutes, is amended
2072	to read:
2073	322.61  Disqualification from operating a commercial motor
2074	vehicle.--
2075	(1)  A person who, within a 3-year period, is convicted of
2076	two of the following serious traffic violations or any
2077	combination thereof, arising in separate incidents committed in
2078	a commercial motor vehicle shall, in addition to any other
2079	applicable penalties, be disqualified from operating a
2080	commercial motor vehicle for a period of 60 days. A person who,
2081	within a 3-year period, is convicted of two of the following
2082	serious traffic violations or any combination thereof arising in
2083	separate incidents committed in a noncommercial motor vehicle
2084	shall, in addition to any other applicable penalties, be
2085	disqualified from operating a commercial motor vehicle for a
2086	period of 60 days if such convictions result in the suspension,
2087	revocation, or cancellation of the licenseholder's driving
2088	privilege:
2089	(a)  A violation of any state or local law relating to
2090	motor vehicle traffic control, other than a parking violation, a
2091	weight violation, or a vehicle equipment violation, arising in
2092	connection with a crash resulting in death or personal injury to
2093	any person;
2094	(b)  Reckless driving, as defined in s. 316.192;
2095	(c)  Careless driving, as defined in s. 316.1925;
2096	(d)  Fleeing or attempting to elude a law enforcement
2097	officer, as defined in s. 316.1935;
2098	(e)  Unlawful speed of 15 miles per hour or more above the
2099	posted speed limit;
2100	(f)  Driving a commercial motor vehicle, owned by such
2101	person, which is not properly insured;
2102	(g)  Improper lane change, as defined in s. 316.085; or
2103	(h)  Following too closely, as defined in s. 316.0895;
2104	(i)  Driving a commercial vehicle without obtaining a
2105	commercial driver license;
2106	(j)  Driving a commercial vehicle without a commercial
2107	driver license in possession; or
2108	(k)  Driving a commercial vehicle without the proper class
2109	of commercial driver license or without the proper endorsements.
2110	(2)  Any person who, within a 3-year period, is convicted
2111	of three serious traffic violations specified in subsection (1)
2112	or any combination thereof, arising in separate incidents
2113	committed in a commercial motor vehicle shall, in addition to
2114	any other applicable penalties, including, but not limited to,
2115	the penalty provided in subsection (1), be disqualified from
2116	operating a commercial motor vehicle for a period of 120 days. A
2117	person who, within a 3-year period, is convicted of three
2118	serious traffic violations specified in subsection (1) or any
2119	combination thereof arising in separate incidents committed in a
2120	noncommercial motor vehicle shall, in addition to any other
2121	applicable penalties, including, but not limited to, the penalty
2122	provided in subsection (1), be disqualified from operating a
2123	commercial motor vehicle for a period of 120 days if such
2124	convictions result in the suspension, revocation, or
2125	cancellation of the licenseholder's driving privilege.
2126	(3)  Except as provided in subsection (4), any person who
2127	is convicted of one of the following offenses shall, in addition
2128	to any other applicable penalties, be disqualified from
2129	operating a commercial motor vehicle for a period of 1 year:
2130	(a)  Driving a commercial motor vehicle while he or she is
2131	under the influence of alcohol or a controlled substance;
2132	(b)  Driving a commercial motor vehicle while the alcohol
2133	concentration of his or her blood, breath, or urine is .04
2134	percent or higher;
2135	(c)  Leaving the scene of a crash involving a commercial
2136	motor vehicle driven by such person;
2137	(d)  Using a commercial motor vehicle in the commission of
2138	a felony;
2139	(e)  Driving a commercial motor vehicle while in possession
2140	of a controlled substance; or
2141	(f)  Refusing to submit to a test to determine his or her
2142	alcohol concentration while driving a commercial motor vehicle;
2143	(g)  Driving a commercial vehicle while the licenseholder's
2144	commercial driver license is suspended, revoked, or canceled or
2145	while the licenseholder is disqualified from driving a
2146	commercial vehicle; or
2147	(h)  Causing a fatality through the negligent operation of
2148	a commercial motor vehicle.
2149	(4)  Any person who is transporting hazardous materials in
2150	a vehicle that is required to be placarded in accordance with
2151	Title 49 C.F.R. part 172, subpart F shall, upon conviction of an
2152	offense specified in subsection (3), be disqualified from
2153	operating a commercial motor vehicle for a period of 3 years.
2154	The penalty provided in this subsection shall be in addition to
2155	any other applicable penalty.
2156	(5)  Any person who is convicted of two violations
2157	specified in subsection (3), or any combination thereof, arising
2158	in separate incidents shall be permanently disqualified from
2159	operating a commercial motor vehicle. The penalty provided in
2160	this subsection shall be in addition to any other applicable
2161	penalty.
2162	(6)  Notwithstanding subsections (3), (4), and (5), any
2163	person who uses a commercial motor vehicle in the commission of
2164	any felony involving the manufacture, distribution, or
2165	dispensing of a controlled substance, including possession with
2166	intent to manufacture, distribute, or dispense a controlled
2167	substance, shall, upon conviction of such felony, be permanently
2168	disqualified from operating a commercial motor vehicle. The
2169	penalty provided in this subsection shall be in addition to any
2170	other applicable penalty.
2171	(7)  A person whose privilege to operate a commercial motor
2172	vehicle is disqualified under this section may, if otherwise
2173	qualified, be issued a Class D or Class E driver's license,
2174	pursuant to s. 322.251.
2175	(8)  A driver who is convicted of or otherwise found to
2176	have committed a violation of an out-of-service order while
2177	driving a commercial motor vehicle is disqualified as follows:
2178	(a)  Not less than 90 days nor more than 1 year if the
2179	driver is convicted of or otherwise found to have committed a
2180	first violation of an out-of-service order.
2181	(b)  Not less than 1 year nor more than 5 years if, during
2182	any 10-year period, the driver is convicted of or otherwise
2183	found to have committed two violations of out-of-service orders
2184	in separate incidents.
2185	(c)  Not less than 3 years nor more than 5 years if, during
2186	any 10-year period, the driver is convicted of or otherwise
2187	found to have committed three or more violations of out-of-
2188	service orders in separate incidents.
2189	(d)  Not less than 180 days nor more than 2 years if the
2190	driver is convicted of or otherwise found to have committed a
2191	first violation of an out-of-service order while transporting
2192	hazardous materials required to be placarded under the Hazardous
2193	Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
2194	while operating motor vehicles designed to transport more than
2195	15 passengers, including the driver. A driver is disqualified
2196	for a period of not less than 3 years nor more than 5 years if,
2197	during any 10-year period, the driver is convicted of or
2198	otherwise found to have committed any subsequent violations of
2199	out-of-service orders, in separate incidents, while transporting
2200	hazardous materials required to be placarded under the Hazardous
2201	Materials Transportation Act 49 U.S.C. ss. 5101 et seq., or
2202	while operating motor vehicles designed to transport more than
2203	15 passengers, including the driver.
2204	(9)  A driver who is convicted of or otherwise found to
2205	have committed an offense of operating a commercial motor
2206	vehicle in violation of federal, state, or local law or
2207	regulation pertaining to one of the following six offenses at a
2208	railroad-highway grade crossing must be disqualified for the
2209	period of time specified in subsection (10):
2210	(a)  For drivers who are not always required to stop,
2211	failing to slow down and check that the tracks are clear of
2212	approaching trains.
2213	(b)  For drivers who are not always required to stop,
2214	failing to stop before reaching the crossing if the tracks are
2215	not clear.
2216	(c)  For drivers who are always required to stop, failing
2217	to stop before driving onto the crossing.
2218	(d)  For all drivers, failing to have sufficient space to
2219	drive completely through the crossing without stopping.
2220	(e)  For all drivers, failing to obey a traffic control
2221	device or all directions of an enforcement official at the
2222	crossing.
2223	(f)  For all drivers, failing to negotiate a crossing
2224	because of insufficient undercarriage clearance.
2225	(10)(a)  A driver must be disqualified for not less than 60
2226	days if the driver is convicted of or otherwise found to have
2227	committed a first violation of a railroad-highway grade crossing
2228	violation.
2229	(b)  A driver must be disqualified for not less than 120
2230	days if, during any 3-year period, the driver is convicted of or
2231	otherwise found to have committed a second railroad-highway
2232	grade crossing violation in separate incidents.
2233	(c)  A driver must be disqualified for not less than 1 year
2234	if, during any 3-year period, the driver is convicted of or
2235	otherwise found to have committed a third or subsequent
2236	railroad-highway grade crossing violation in separate incidents.
2237	Section 69.  Subsection (1) and paragraph (a) of subsection
2238	(3) of section 322.63, Florida Statutes, are amended to read:
2239	322.63  Alcohol or drug testing; commercial motor vehicle
2240	operators.--
2241	(1)  A person who accepts the privilege extended by the
2242	laws of this state of operating a commercial motor vehicle
2243	within this state shall, by so operating such commercial motor
2244	vehicle, be deemed to have given his or her consent to submit to
2245	an approved chemical or physical test of his or her blood or,
2246	breath, or urine for the purpose of determining his or her
2247	alcohol concentration or for the purpose of detecting the
2248	presence of chemical substances as set forth in s. 877.111 or of
2249	controlled substances.
2250	(a)  By applying for a commercial driver's license and by
2251	accepting and using a commercial driver's license, the person
2252	holding the commercial driver's license is deemed to have
2253	expressed his or her consent to the provisions of this section.
2254	(b)  Any person who drives a commercial motor vehicle
2255	within this state and who is not required to obtain a commercial
2256	driver's license in this state is, by his or her act of driving
2257	a commercial motor vehicle within this state, deemed to have
2258	expressed his or her consent to the provisions of this section.
2259	(c)  A notification of the consent provision of this
2260	section shall be printed above the signature line on each new or
2261	renewed driver's license issued after March 31, 1991.
2262	(3)(a)  The breath and blood physical and chemical tests
2263	authorized in this section shall be administered substantially
2264	in accordance with rules adopted by the Department of Law
2265	Enforcement.
2266	Section 70.  For the purpose of incorporating the amendment
2267	to section 322.61, Florida Statutes, in a reference thereto,
2268	subsection (14) of section 322.64, Florida Statutes, is
2269	reenacted to read:
2270	322.64  Holder of commercial driver's license; driving with
2271	unlawful blood-alcohol level; refusal to submit to breath,
2272	urine, or blood test.--
2273	(14)  The decision of the department under this section
2274	shall not be considered in any trial for a violation of s.
2275	316.193, s. 322.61, or s. 322.62, nor shall any written
2276	statement submitted by a person in his or her request for
2277	departmental review under this section be admissible into
2278	evidence against him or her in any such trial. The disposition
2279	of any related criminal proceedings shall not affect a
2280	disqualification imposed pursuant to this section.
2281	Section 71.  Paragraphs (c) and (f) of subsection (13) of
2282	section 713.78, Florida Statutes, are amended to read:
2283	713.78  Liens for recovering, towing, or storing vehicles
2284	and vessels.--
2285	(13)
2286	(c)1.  The registered owner of a vehicle, vessel, or mobile
2287	home may dispute a wrecker operator's lien, by notifying the
2288	department of the dispute in writing on forms provided by the
2289	department, if at least one of the following applies:
2290	a.  The registered owner presents a notarized bill of sale
2291	proving that the vehicle, vessel, or mobile home was sold in a
2292	private or casual sale before the vehicle, vessel, or mobile
2293	home was recovered, towed, or stored.
2294	b.  The registered owner presents proof that the Florida
2295	certificate of title of the vehicle, vessel, or mobile home was
2296	sold to a licensed dealer as defined in s. 319.001 before the
2297	vehicle, vessel, or mobile home was recovered, towed, or stored.
2298	c.  The records of the department were marked sold prior to
2299	the date of the tow.
2300
2301	If the registered owner's dispute of a wrecker operator's lien
2302	complies with one of these criteria, the department shall
2303	immediately remove the registered owner's name from the list of
2304	those persons who may not be issued a license plate or
2305	revalidation sticker for any motor vehicle under s. 320.03(8),
2306	thereby allowing issuance of a license plate or revalidation
2307	sticker. If the vehicle, vessel, or mobile home is owned jointly
2308	by more than one person, each registered owner must dispute the
2309	wrecker operator's lien in order to be removed from the list.
2310	However, the department shall deny any dispute and maintain the
2311	registered owner's name on the list of those persons who may not
2312	be issued a license plate or revalidation sticker for any motor
2313	vehicle under s. 320.03(8) if the wrecker operator has provided
2314	the department with a certified copy of the judgment of a court
2315	which orders the registered owner to pay the wrecker operator's
2316	lien claimed under this section. In such a case, the amount of
2317	the wrecker operator's lien allowed by paragraph (b) may be
2318	increased to include no more than $500 of the reasonable costs
2319	and attorney's fees incurred in obtaining the judgment. The
2320	department's action under this subparagraph is ministerial in
2321	nature, shall not be considered final agency action, and is
2322	appealable only to the county court for the county in which the
2323	vehicle, vessel, or mobile home was ordered removed.
2324	2.  A person against whom a wrecker operator's lien has
2325	been imposed may alternatively obtain a discharge of the lien by
2326	filing a complaint, challenging the validity of the lien or the
2327	amount thereof, in the county court of the county in which the
2328	vehicle, vessel, or mobile home was ordered removed. Upon filing
2329	of the complaint, the person may have her or his name removed
2330	from the list of those persons who may not be issued a license
2331	plate or revalidation sticker for any motor vehicle under s.
2332	320.03(8), thereby allowing issuance of a license plate or
2333	revalidation sticker, upon posting with the court a cash or
2334	surety bond or other adequate security equal to the amount of
2335	the wrecker operator's lien to ensure the payment of such lien
2336	in the event she or he does not prevail. Upon the posting of the
2337	bond and the payment of the applicable fee set forth in s.
2338	28.24, the clerk of the court shall issue a certificate
2339	notifying the department of the posting of the bond and
2340	directing the department to release the wrecker operator's lien.
2341	Upon determining the respective rights of the parties, the court
2342	may award damages and costs in favor of the prevailing party.
2343	3.  If a person against whom a wrecker operator's lien has
2344	been imposed does not object to the lien, but cannot discharge
2345	the lien by payment because the wrecker operator has moved or
2346	gone out of business, the person may have her or his name
2347	removed from the list of those persons who may not be issued a
2348	license plate or revalidation sticker for any motor vehicle
2349	under s. 320.03(8), thereby allowing issuance of a license plate
2350	or revalidation sticker, upon posting with the clerk of court in
2351	the county in which the vehicle, vessel, or mobile home was
2352	ordered removed, a cash or surety bond or other adequate
2353	security equal to the amount of the wrecker operator's lien.
2354	Upon the posting of the bond and the payment of the application
2355	fee set forth in s. 28.24, the clerk of the court shall issue a
2356	certificate notifying the department of the posting of the bond
2357	and directing the department to release the wrecker operator's
2358	lien. The department shall mail to the wrecker operator, at the
2359	address upon the lien form, notice that the wrecker operator
2360	must claim the security within 60 days, or the security will be
2361	released back to the person who posted it. At the conclusion of
2362	the 60 days, the department shall direct the clerk as to which
2363	party is entitled to payment of the security, less applicable
2364	clerk's fees.
2365	4.  A wrecker operator's lien expires 5 years after filing.
2366	(f)  This subsection applies only to the annual renewal in
2367	the registered owner's birth month of a motor vehicle
2368	registration and does not apply to the transfer of a
2369	registration of a motor vehicle sold by a motor vehicle dealer
2370	licensed under chapter 320, except for the transfer of
2371	registrations which is inclusive of the annual renewals. This
2372	subsection does not apply to any vehicle registered in the name
2373	of a lessor. This subsection does not affect the issuance of the
2374	title to a motor vehicle, notwithstanding s. 319.23(7)(b).
2375	Section 72.  Except as otherwise provided herein, this act
2376	shall take effect October 1, 2004.

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