HB 1809

CS

CHAMBER ACTION

1	The Committee on Appropriations recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to motor vehicles, mobile homes, and
7	vessels; amending s. 261.03, F.S.; revising the definition
8	of "off-highway vehicle"; defining "two-rider ATV";
9	amending s. 261.05, F.S.; requiring the Off-Highway
10	Vehicle Recreation Advisory Committee to provide a report
11	to the Governor and the Legislature; amending s. 316.003,
12	F.S.; revising the definitions of "motorcycle" and
13	"motorized scooter"; defining "traffic signal preemption
14	system"; amending s. 316.006, F.S.; authorizing transfer
15	of traffic regulatory authority by interlocal agreement
16	from a municipality to a county; amending s. 316.0775,
17	F.S.; prohibiting unauthorized use or possession of a
18	traffic signal preemption system; providing criminal
19	penalties; amending s. 316.085, F.S.; prohibiting driving
20	outside authorized lanes or within pavement markings or
21	traffic control devices for certain purposes except under
22	certain circumstances; prohibiting a motor vehicle from
23	entering a vehicular queue in front of the last vehicle;
24	defining "queue"; providing penalties; amending s.
25	316.122, F.S.; requiring the operator of a vehicle turning
26	left to yield to certain vehicles passing on the left;
27	providing penalties; creating s. 316.1576, F.S.; providing
28	clearance specifications for a railroad-highway grade
29	crossing; providing penalties; amending s. 316.183, F.S.;
30	increasing the minimum speed limit on interstate highways
31	under certain circumstances; amending s. 316.1932, F.S.;
32	revising the requirements for printing the warning of
33	consent for certain testing for drugs or alcohol on a
34	driver's license; amending s. 316.194, F.S.; authorizing
35	traffic accident investigation officers to remove vehicles
36	under certain circumstances; amending s. 316.1967, F.S.;
37	providing that the lessee of a vehicle, rather than the
38	owner, is responsible for parking ticket violations under
39	certain circumstances; amending s. 316.2074, F.S.;
40	revising the definition of "all-terrain vehicle"; amending
41	s. 316.515, F.S.; authorizing the use of certain
42	agricultural tractors and agricultural implements for
43	certain purposes; amending s. 316.613, F.S.; deleting
44	provisions that authorize the Department of Highway Safety
45	and Motor Vehicles to expend funds for certain purposes;
46	creating s. 316.6131, F.S.; providing for the department
47	to authorize the expenditure of funds for certain
48	purposes; amending s. 316.650, F.S.; providing exceptions
49	to a prohibition against using citations as evidence in a
50	trial; amending s. 317.0003, F.S.; revising the definition
51	of "off-highway vehicle"; defining "two-rider ATV";
52	amending s. 317.0007, F.S.; authorizing the department to
53	issue a validation sticker as an additional proof of title
54	for an off-highway vehicle; providing for the replacement
55	of lost or destroyed off-highway vehicle validation
56	stickers; providing for disposition of fees; amending s.
57	317.0008, F.S.; deleting a provision relating to the
58	expedited issuance of duplicate certificates of title for
59	off-highway vehicles; amending ss. 317.0001, 317.0004,
60	317.0005, 317.0006, 317.0010, 317.0012, and 317.0013,
61	F.S.; conforming cross references; creating s. 317.0014,
62	F.S.; establishing procedures for the issuance of a
63	certificate of title for an off-highway vehicle; providing
64	duties of the department; providing for a notice of lien
65	and lien satisfaction; providing for issuance of a
66	duplicate certificate; requiring return of certificate of
67	title under certain circumstances; providing penalties for
68	failure to return the certificate; providing for
69	electronic transmission of liens; creating s. 317.0015,
70	F.S.; providing for the applicability of certain
71	provisions of law to the titling of off-highway vehicles;
72	creating s. 317.0016, F.S.; providing for the expedited
73	issuance of titles for off-highway vehicles; providing for
74	a fee; providing for disposition of fees collected;
75	creating s. 317.0017, F.S.; prohibiting specified actions
76	relating to the issuance of titles for off-highway
77	vehicles; providing penalties; creating s. 317.0018, F.S.;
78	prohibiting the transfer of an off-highway vehicle without
79	delivery of a certificate of title; requiring certificate
80	of title; requiring surrender of said title under certain
81	circumstances; providing penalties for violations;
82	amending s. 318.14, F.S.; authorizing the department to
83	modify certain actions to suspend or revoke a driver's
84	license following certain notice of final disposition;
85	reenacting s. 318.14(9), F.S., relating to citation
86	procedures and proceedings, to incorporate the amendment
87	to s. 322.61, F.S., in a reference thereto; amending s.
88	318.15, F.S.; providing for disposition of fees; amending
89	s. 319.23, F.S.; requiring a licensed motor vehicle dealer
90	to notify the department of a motor vehicle or mobile home
91	acquired as a trade-in; requiring the department to update
92	its title record; amending s. 319.27, F.S.; correcting
93	obsolete cross references; amending s. 319.29, F.S.;
94	requiring the department to verify the identity of certain
95	persons receiving title certificates and to maintain
96	documentation of the verification; amending s. 320.01,
97	F.S.; revising the definitions of "motor vehicle,"
98	"apportionable vehicle," and "commercial motor vehicle";
99	amending s. 320.05, F.S.; removing fees for electronic
100	access to certain motor vehicle and vessel information;
101	amending s. 320.06, F.S.; correcting a cross reference;
102	amending s. 320.0601, F.S.; requiring that a transaction
103	of a long-term leased motor vehicle be registered in the
104	name of the lessee; amending s. 320.0605, F.S.; exempting
105	a vehicle registered as a fleet vehicle from the
106	requirement that the certificate of registration be
107	carried in the vehicle at all times; amending s. 320.0607,
108	F.S.; requiring the department to verify the identity of
109	certain persons receiving a replacement license plate or
110	duplicate registration and to maintain documentation of
111	the verification; amending s. 320.0843, F.S.; requiring
112	that the applicant eligible for a disabled parking plate
113	be noted on the registration certificate; amending s.
114	320.0848, F.S.; requiring the department to verify the
115	identity of certain persons receiving a replacement or
116	duplicate disabled parking permit and to maintain
117	documentation of the verification; amending s. 320.086,
118	F.S.; revising provisions relating to historical license
119	plates; amending s. 320.131, F.S.; authorizing the
120	department to provide for an electronic system for motor
121	vehicle dealers to use in issuing temporary tags;
122	providing penalties; amending s. 320.18, F.S.; authorizing
123	the department to cancel the vehicle or vessel
124	registration, driver's license, or identification card of
125	a person who pays certain fees or penalties with a
126	dishonored check; amending s. 320.27, F.S.; requiring
127	certain dealer principals to provide certification of
128	completing continuing education under certain
129	circumstances; providing education requirements; requiring
130	dealer schools to issue certificates of completion;
131	providing for required training and information seminars
132	to be conducted by licensed motor vehicle dealer training
133	schools; requiring motor vehicle dealers to maintain
134	records for a specified period; providing penalties for
135	failure to comply with specified requirements for issuing
136	temporary tags; amending s. 320.8249, F.S.; revising
137	provisions prohibiting certain acts by mobile home
138	installers; providing penalties; amending s. 322.01, F.S.;
139	excluding motorized scooters from the definitions of
140	"motorcycle" and "motor vehicle"; amending s. 322.025,
141	F.S.; authorizing the department to offer an opportunity
142	to attend a basic driver improvement course for drivers
143	who meet certain criteria; requiring the department to
144	deduct points from the driver's record upon completion of
145	the course; limiting availability of the opportunity;
146	amending s. 322.05, F.S.; removing requirements for a
147	Class D driver's license; amending s. 322.051, F.S.;
148	revising identification card application requirements;
149	providing requirements for issuance of such cards;
150	prohibiting waiver of the requirement for a fullface
151	photograph or digital image on such card; amending s.
152	322.07, F.S.; removing requirements for a Class D driver's
153	license; amending s. 322.08, F.S.; revising driver's
154	license application requirements; amending s. 322.09,
155	F.S.; requiring the signature of a secondary guardian on a
156	driver's license application of a minor under certain
157	circumstances; amending s. 322.11, F.S.; providing for
158	notice to a minor before canceling the minor's license due
159	to the death of the person who signed the driver's license
160	application; amending s. 322.12, F.S.; removing
161	requirements for a Class D driver's license; conforming
162	cross references; amending s. 322.121, F.S.; conforming
163	cross references; amending s. 322.135, F.S.; revising
164	requirements for the deposit of certain fees for a
165	driver's license; revising requirements for the tax
166	collector in directing a licensee for examination or
167	reexamination; requiring county officers to pay certain
168	funds to the State Treasury by electronic funds transfer
169	within a specified period; amending s. 322.142, F.S.;
170	prohibiting waiver of the requirement for a fullface
171	photograph or digital image on a driver's license;
172	amending s. 322.161, F.S.; removing requirements for a
173	Class D driver's license; amending s. 322.17, F.S.,
174	relating to duplicate and replacement certificates;
175	conforming cross references; amending s. 322.18, F.S.;
176	revising timeframe for expiration of certain driver's
177	licenses; conforming cross references; amending s. 322.19,
178	F.S., relating to change of address or name; conforming
179	cross references; amending s. 322.20, F.S.; authorizing
180	the department to charge fees for electronic access to
181	certain driver license information; requiring that certain
182	information be available free of charge on the
183	department's Internet website; amending s. 322.21, F.S.;
184	removing requirements for a Class D driver's license;
185	requiring the department to set by rule a fee for a
186	hazardous-materials endorsement; providing for deposit of
187	fee proceeds; amending s. 322.22, F.S.; authorizing the
188	department to cancel any identification card, vehicle or
189	vessel registration, or fuel-use tax decal of a licensee
190	who fails to pay certain fees or pays certain fees or
191	penalties with a dishonored check; requiring surrender of
192	such card, registration, or decal; amending s. 322.251,
193	F.S.; removing requirements for a Class D driver's
194	license; amending s. 322.292, F.S.; requiring all DUI
195	education courses to be conducted in a classroom with
196	interaction among offenders and an instructor; revising
197	requirements for initial licensure as a DUI program;
198	amending ss. 322.30 and 322.53, F.S.; removing
199	requirements for a Class D driver's license; amending s.
200	322.54, F.S.; revising driver's license classification
201	requirements; removing requirements for a Class D driver's
202	license; conforming cross references; amending s. 322.57,
203	F.S.; providing testing requirements for school bus
204	drivers; revising driver's license classification
205	requirements; amending s. 322.58, F.S.; removing
206	requirements for a Class D driver's license; changing such
207	requirements to Class E driver's license requirements;
208	amending s. 322.61, F.S.; specifying additional violations
209	that disqualify a person from operating a commercial motor
210	vehicle; revising application to provide for violations
211	while operating a noncommercial motor vehicle; providing
212	penalties; removing requirements for a Class D driver's
213	license; amending s. 322.63, F.S.; revising provisions for
214	alcohol and drug testing of commercial motor vehicle
215	operators; revising the requirements for printing the
216	notice of consent for certain testing for drugs or alcohol
217	on a commercial driver's license; reenacting s.
218	322.64(14), F.S., relating to department review of
219	disqualification from operating a commercial motor
220	vehicle, to incorporate the amendment to s. 322.61, F.S.,
221	in a reference thereto; creating s. 327.375, F.S.;
222	providing regulations for commercial parasailing; defining
223	"commercial parasailing"; providing for regulation by the
224	Fish and Wildlife Conservation Commission; requiring
225	licensing and liability insurance; providing for rules
226	establishing minimum liability and maximum deductible
227	amounts; authorizing the commission to adopt rules;
228	providing commercial parasailing operation requirements;
229	providing penalties; amending s. 328.11, F.S.; providing
230	for expedited service for issuance of certificates of
231	title for vessels; providing for a fee; amending s.
232	713.78, F.S.; revising provisions for the imposition of a
233	wrecker operator's lien against a motor vehicle, vessel,
234	or mobile home; providing that such provisions do not
235	apply to any vehicle registered in the name of a lessor;
236	amending s. 832.06, F.S.; providing for process and
237	refunding by a state agency of certain worthless checks
238	received by a county tax collector; providing effective
239	dates.
240
241	Be It Enacted by the Legislature of the State of Florida:
242
243	Section 1.  Subsection (6) of section 261.03, Florida
244	Statutes, is amended, and subsection (11) is added to said
245	section, to read:
246	261.03  Definitions.--As used in this chapter, the term:
247	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
248	OHM that is used off the roads or highways of this state for
249	recreational purposes and that is not registered and licensed
250	for highway use under chapter 320.
251	(11)  "Two-rider ATV" means any ATV that is specifically
252	designed by the manufacturer for a single operator and one
253	passenger.
254	Section 2.  Subsection (2) of section 261.05, Florida
255	Statutes, is amended to read:
256	261.05  Duties and responsibilities of the Off-Highway
257	Vehicle Recreation Advisory Committee.--
258	(2)  The advisory committee shall study and make
259	recommendations to the Governor and the Legislature department
260	regarding off-highway vehicle safety and training and education
261	programs in the operation of such vehicles and shall provide a
262	report to the Governor, the President of the Senate, and the
263	Speaker of the House of Representatives by January 1, 2005.
264	Section 3.  Subsections (22) and (82) of section 316.003,
265	Florida Statutes, are amended, and subsection (84) is added to
266	said section, to read:
267	316.003  Definitions.--The following words and phrases,
268	when used in this chapter, shall have the meanings respectively
269	ascribed to them in this section, except where the context
270	otherwise requires:
271	(22)  MOTORCYCLE.--Any motor vehicle having a seat or
272	saddle for the use of the rider and designed to travel on not
273	more than three wheels in contact with the ground, but excluding
274	a tractor, a motorized scooter, or a moped.
275	(82)  MOTORIZED SCOOTER.--Any two or three-wheeled device,
276	other than a motorcycle, moped, or motorized bicycle, that has
277	handlebars, is designed to be stood or sat upon by the operator,
278	is powered by an electric motor or gasoline engine, and is
279	vehicle not having a seat or saddle for the use of the rider,
280	designed to travel on not more than three wheels, and not
281	capable of propelling the vehicle at a speed greater than 30
282	miles per hour on level ground when in proper working condition.
283	(84)  TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or
284	device with the capability of activating a control mechanism
285	mounted on or near a traffic signal that alters a traffic
286	signal's timing cycle.
287	Section 4.  Subsection (2) of section 316.006, Florida
288	Statutes, is amended to read:
289	316.006  Jurisdiction.--Jurisdiction to control traffic is
290	vested as follows:
291	(2)  MUNICIPALITIES.--
292	(a)  Chartered municipalities shall have original
293	jurisdiction over all streets and highways located within their
294	boundaries, except state roads, and may place and maintain such
295	traffic control devices which conform to the manual and
296	specifications of the Department of Transportation upon all
297	streets and highways under their original jurisdiction as they
298	shall deem necessary to indicate and to carry out the provisions
299	of this chapter or to regulate, warn, or guide traffic.
300	(b)  A municipality may exercise jurisdiction over any
301	private road or roads, or over any limited access road or roads
302	owned or controlled by a special district, located within its
303	boundaries if the municipality and party or parties owning or
304	controlling such road or roads provide, by written agreement
305	approved by the governing body of the municipality, for
306	municipal traffic control jurisdiction over the road or roads
307	encompassed by such agreement. Pursuant thereto:
308	1.  Provision for reimbursement for actual costs of traffic
309	control and enforcement and for liability insurance and
310	indemnification by the party or parties, and such other terms as
311	are mutually agreeable, may be included in such an agreement.
312	2.  The exercise of jurisdiction provided for herein shall
313	be in addition to jurisdictional authority presently exercised
314	by municipalities under law, and nothing in this paragraph shall
315	be construed to limit or remove any such jurisdictional
316	authority. Such jurisdiction includes regulation of access to
317	such road or roads by security devices or personnel.
318	3.  Any such agreement may provide for the installation of
319	multiparty stop signs by the parties controlling the roads
320	covered by the agreement if a determination is made by such
321	parties that the signage will enhance traffic safety. Multiparty
322	stop signs must conform to the manual and specifications of the
323	Department of Transportation; however, minimum traffic volumes
324	may not be required for the installation of such signage.
325	Enforcement for the signs shall be as provided in s. 316.123.
326	(c)  Notwithstanding other provisions of law to the
327	contrary, a municipality may, by interlocal agreement with a
328	county, agree to transfer traffic regulatory authority over
329	areas within the municipality to the county.
330
331	This subsection shall not limit those counties which have the
332	charter powers to provide and regulate arterial, toll, and other
333	roads, bridges, tunnels, and related facilities from the proper
334	exercise of those powers by the placement and maintenance of
335	traffic control devices which conform to the manual and
336	specifications of the Department of Transportation on streets
337	and highways located within municipal boundaries.
338	Section 5.  Section 316.0775, Florida Statutes, is amended
339	to read:
340	316.0775  Interference with official traffic control
341	signals or devices or railroad signs or signals.--
342	(1)  No person shall, without lawful authority, attempt to
343	or in fact alter, deface, injure, knock down, or remove any
344	official traffic control device or any railroad sign or signal
345	or any inscription, shield, or insignia thereon, or any other
346	part thereof. Any person who violates this subsection commits
347	the offense of criminal mischief, A violation of this section is
348	a criminal violation pursuant to s. 318.17 and shall be
349	punishable as set forth in s. 806.13 related to criminal
350	mischief and graffiti, beginning on or after July 1, 2000.
351	(2)  No person shall use or have in his or her possession
352	any traffic signal preemption system. This subsection shall not
353	apply to any person operating an authorized emergency vehicle as
354	defined in s. 322.01, road construction and maintenance
355	personnel, employees of the Department of Transportation, or any
356	other lawfully authorized persons when use of the system is in
357	the performance of their normal duties. Any person who violates
358	this subsection commits a felony of the third degree, punishable
359	as provided in s. 775.082, s. 775.083, or s. 775.084.
360	(3)  A violation of this section is a criminal violation
361	pursuant to s. 318.17.
362	Section 6.  Subsection (3) of section 316.085, Florida
363	Statutes, is renumbered as subsection (5), and new subsections
364	(3) and (4) are added to said section, to read:
365	316.085  Limitations on overtaking, passing, changing
366	lanes, and changing course.--
367	(3)  A motor vehicle may not be driven outside the
368	authorized lane of travel or over, across, or within a pavement
369	marking or traffic control device for the purpose of overtaking
370	or passing another vehicle except where the pavement marking or
371	traffic control device explicitly permits such overtaking or
372	passing. This prohibition does not apply to maneuvers to avoid
373	disabled vehicles or obstructions.
374	(4)  A motor vehicle may not be driven from a direct course
375	in a lane on a highway until the driver has determined that the
376	vehicle is not entering a vehicular queue at a point ahead of
377	the last vehicle in the queue. As used in this subsection, the
378	term "queue" means more than one vehicle proceeding in the same
379	direction, traveling at less than the posted speed limit, and
380	aligned in one or more lanes for the purpose of exiting or
381	entering a roadway, merging, or traveling through a designated
382	construction zone.
383	(5)(3)  A violation of this section is a noncriminal
384	traffic infraction, punishable as a moving violation as provided
385	in chapter 318.
386	Section 7.  Section 316.122, Florida Statutes, is amended
387	to read:
388	316.122  Vehicle turning left.--The driver of a vehicle
389	intending to turn to the left within an intersection or into an
390	alley, private road, or driveway shall yield the right-of-way to
391	any vehicle approaching from the opposite direction, or any
392	vehicle lawfully passing on the left of the turning vehicle,
393	which is within the intersection or so close thereto as to
394	constitute an immediate hazard. A violation of this section is a
395	noncriminal traffic infraction, punishable as a moving violation
396	as provided in chapter 318.
397	Section 8.  Section 316.1576, Florida Statutes, is created
398	to read:
399	316.1576  Insufficient clearance at a railroad-highway
400	grade crossing.--
401	(1)  A person may not drive any vehicle through a railroad-
402	highway grade crossing that does not have sufficient space to
403	drive completely through the crossing without stopping.
404	(2)  A person may not drive any vehicle through a railroad-
405	highway grade crossing that does not have sufficient
406	undercarriage clearance to drive completely through the crossing
407	without stopping.
408	(3)  A violation of this section is a noncriminal traffic
409	infraction, punishable as a moving violation as provided in
410	chapter 318.
411	Section 9.  Subsection (2) of section 316.183, Florida
412	Statutes, is amended to read:
413	316.183  Unlawful speed.--
414	(2)  On all streets or highways, the maximum speed limits
415	for all vehicles must be 30 miles per hour in business or
416	residence districts, and 55 miles per hour at any time at all
417	other locations. However, with respect to a residence district,
418	a county or municipality may set a maximum speed limit of 20 or
419	25 miles per hour on local streets and highways after an
420	investigation determines that such a limit is reasonable. It is
421	not necessary to conduct a separate investigation for each
422	residence district. The minimum speed limit on all highways that
423	comprise a part of the National System of Interstate and Defense
424	Highways and have not fewer than four lanes is 40 miles per
425	hour, except that when the posted speed limit is 70 miles per
426	hour, the minimum speed limit is 50 miles per hour.
427	Section 10.  Paragraph (e) of subsection (1) of section
428	316.1932, Florida Statutes, is amended to read:
429	316.1932  Tests for alcohol, chemical substances, or
430	controlled substances; implied consent; refusal.--
431	(1)
432	(e)1.  By applying for a driver's license and by accepting
433	and using a driver's license, the person holding the driver's
434	license is deemed to have expressed his or her consent to the
435	provisions of this section.
436	2.  A nonresident or any other person driving in a status
437	exempt from the requirements of the driver's license law, by his
438	or her act of driving in such exempt status, is deemed to have
439	expressed his or her consent to the provisions of this section.
440	3.  A warning of the consent provision of this section
441	shall be printed above the signature line on each new or renewed
442	driver's license.
443	Section 11.  Paragraphs (a) and (b) of subsection (3) of
444	section 316.194, Florida Statutes, are amended to read:
445	316.194  Stopping, standing or parking outside of
446	municipalities.--
447	(3)(a)  Whenever any police officer or traffic accident
448	investigation officer finds a vehicle standing upon a highway in
449	violation of any of the foregoing provisions of this section,
450	the officer is authorized to move the vehicle, or require the
451	driver or other persons in charge of the vehicle to move the
452	vehicle same, to a position off the paved or main-traveled part
453	of the highway.
454	(b)  Officers and traffic accident investigation officers
455	may are hereby authorized to provide for the removal of any
456	abandoned vehicle to the nearest garage or other place of
457	safety, cost of such removal to be a lien against motor vehicle,
458	when an said abandoned vehicle is found unattended upon a bridge
459	or causeway or in any tunnel, or on any public highway in the
460	following instances:
461	1.  Where such vehicle constitutes an obstruction of
462	traffic;
463	2.  Where such vehicle has been parked or stored on the
464	public right-of-way for a period exceeding 48 hours, in other
465	than designated parking areas, and is within 30 feet of the
466	pavement edge; and
467	3.  Where an operative vehicle has been parked or stored on
468	the public right-of-way for a period exceeding 10 days, in other
469	than designated parking areas, and is more than 30 feet from the
470	pavement edge. However, the agency removing such vehicle shall
471	be required to report same to the Department of Highway Safety
472	and Motor Vehicles within 24 hours after of such removal.
473	Section 12.  Section 316.1967, Florida Statutes, is amended
474	to read:
475	316.1967  Liability for payment of parking ticket
476	violations and other parking violations.--
477	(1)  The owner of a vehicle is responsible and liable for
478	payment of any parking ticket violation unless the owner can
479	furnish evidence, when required by this subsection, that the
480	vehicle was, at the time of the parking violation, in the care,
481	custody, or control of another person. In such instances, the
482	owner of the vehicle is required, within a reasonable time after
483	notification of the parking violation, to furnish to the
484	appropriate law enforcement authorities an affidavit setting
485	forth the name, address, and driver's license number of the
486	person who leased, rented, or otherwise had the care, custody,
487	or control of the vehicle. The affidavit submitted under this
488	subsection is admissible in a proceeding charging a parking
489	ticket violation and raises the rebuttable presumption that the
490	person identified in the affidavit is responsible for payment of
491	the parking ticket violation. The owner of a vehicle is not
492	responsible for a parking ticket violation if the vehicle
493	involved was, at the time, stolen or in the care, custody, or
494	control of some person who did not have permission of the owner
495	to use the vehicle. The owner of a leased vehicle is not
496	responsible for a parking ticket violation and is not required
497	to submit an affidavit or the other evidence specified in this
498	section if the vehicle is registered in the name of the person
499	who leased the vehicle.
500	(2)  Any person who is issued a county or municipal parking
501	ticket by a parking enforcement specialist or officer is deemed
502	to be charged with a noncriminal violation and shall comply with
503	the directions on the ticket. If payment is not received or a
504	response to the ticket is not made within the time period
505	specified thereon, the county court or its traffic violations
506	bureau shall notify the registered owner of the vehicle that was
507	cited, or the registered lessee when the cited vehicle is
508	registered in the name of the person who leased the vehicle, by
509	mail to the address given on the motor vehicle registration, of
510	the ticket. Mailing the notice to this address constitutes
511	notification. Upon notification, the registered owner or
512	registered lessee shall comply with the court's directive.
513	(3)  Any person who fails to satisfy the court's directive
514	waives his or her right to pay the applicable civil penalty.
515	(4)  Any person who elects to appear before a designated
516	official to present evidence waives his or her right to pay the
517	civil penalty provisions of the ticket. The official, after a
518	hearing, shall make a determination as to whether a parking
519	violation has been committed and may impose a civil penalty not
520	to exceed $100 or the fine amount designated by county
521	ordinance, plus court costs. Any person who fails to pay the
522	civil penalty within the time allowed by the court is deemed to
523	have been convicted of a parking ticket violation, and the court
524	shall take appropriate measures to enforce collection of the
525	fine.
526	(5)  Any provision of subsections (2), (3), and (4) to the
527	contrary notwithstanding, chapter 318 does not apply to
528	violations of county parking ordinances and municipal parking
529	ordinances.
530	(6)  Any county or municipality may provide by ordinance
531	that the clerk of the court or the traffic violations bureau
532	shall supply the department with a magnetically encoded computer
533	tape reel or cartridge or send by other electronic means data
534	which is machine readable by the installed computer system at
535	the department, listing persons who have three or more
536	outstanding parking violations, including violations of s.
537	316.1955. Each county shall provide by ordinance that the clerk
538	of the court or the traffic violations bureau shall supply the
539	department with a magnetically encoded computer tape reel or
540	cartridge or send by other electronic means data that is machine
541	readable by the installed computer system at the department,
542	listing persons who have any outstanding violations of s.
543	316.1955 or any similar local ordinance that regulates parking
544	in spaces designated for use by persons who have disabilities.
545	The department shall mark the appropriate registration records
546	of persons who are so reported. Section 320.03(8) applies to
547	each person whose name appears on the list.
548	Section 13.  Subsection (2) of section 316.2074, Florida
549	Statutes, is amended to read:
550	316.2074  All-terrain vehicles.--
551	(2)  As used in this section, the term "all-terrain
552	vehicle" means any motorized off-highway vehicle 50 inches or
553	less in width, having a dry weight of 900 pounds or less,
554	designed to travel on three or more low-pressure tires, having a
555	seat designed to be straddled by the operator and handlebars for
556	steering control, and intended for use by a single operator with
557	no passenger. For the purposes of this section, "all-terrain
558	vehicle" also includes any two-rider ATV as defined in s.
559	317.0003.
560	Section 14.  Subsection (5) of section 316.515, Florida
561	Statutes, is amended to read:
562	316.515  Maximum width, height, length.--
563	(5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS, SAFETY
564	REQUIREMENTS.--Notwithstanding any other provisions of law,
565	straight trucks, agricultural tractors, and cotton module
566	movers, not exceeding 50 feet in length, or any combination of
567	up to and including three implements of husbandry including the
568	towing power unit, and any single agricultural trailer, with a
569	load thereon, any agricultural implements attached to the towing
570	power unit not exceeding 130 inches in width, or a self-
571	propelled agricultural implement or an agricultural tractor not
572	exceeding 130 inches in width is authorized for the purpose of
573	transporting peanuts, grains, soybeans, cotton, hay, straw, or
574	other perishable farm products from their point of production to
575	the first point of change of custody or of long-term storage,
576	and for the purpose of returning to such point of production or
577	for the purpose of moving the tractors, movers, or implements
578	from one point of agricultural production to another, by a
579	person engaged in the production of any such product or custom
580	hauler, if such vehicle or combination of vehicles otherwise
581	complies with this section. Such vehicles shall be operated in
582	accordance with all safety requirements prescribed by law and
583	Department of Transportation rules. The Department of
584	Transportation may issue overlength permits for cotton module
585	movers greater than 50 feet but not more than 55 feet in overall
586	length.
587	Section 15.  Subsection (4) of section 316.613, Florida
588	Statutes, is amended to read:
589	316.613  Child restraint requirements.--
590	(4)(a)  It is the legislative intent that all state,
591	county, and local law enforcement agencies, and safety councils,
592	in recognition of the problems with child death and injury from
593	unrestrained occupancy in motor vehicles, conduct a continuing
594	safety and public awareness campaign as to the magnitude of the
595	problem.
596	(b)  The department may authorize the expenditure of funds
597	for the purchase of promotional items as part of the public
598	information and education campaigns provided for in this
599	subsection and ss. 316.614, 322.025, and 403.7145.
600	Section 16.  Section 316.6131, Florida Statutes, is created
601	to read:
602	316.6131  Educational expenditures.--The department may
603	authorize the expenditure of funds for the purchase of
604	educational items as part of the public information and
605	education campaigns promoting highway safety and awareness as
606	well as departmental community-based initiatives. Funds may be
607	expended for, but are not limited to, educational campaigns
608	provided in chapters 316, 320, and 322 and s. 403.7145.
609	Section 17.  Subsection (9) of section 316.650, Florida
610	Statutes, is amended to read:
611	316.650  Traffic citations.--
612	(9)  Such citations shall not be admissible evidence in any
613	trial, except when used as evidence of falsification, forgery,
614	uttering, fraud, or perjury, or when used as physical evidence
615	resulting from a forensic examination of the citation.
616	Section 18.  Section 317.0001, Florida Statutes, is amended
617	to read:
618	317.0001  Short title.--This chapter Sections 317.0001-
619	317.0013 may be cited as the "Florida Off-Highway Vehicle
620	Titling Act."
621	Section 19.  Section 317.0003, Florida Statutes, is amended
622	to read:
623	317.0003  Definitions.--As used in this chapter ss.
624	317.0001-317.0013, the term:
625	(1)  "ATV" means any motorized off-highway or all-terrain
626	vehicle 50 inches or less in width, having a dry weight of 900
627	pounds or less, designed to travel on three or more low-pressure
628	tires, having a seat designed to be straddled by the operator
629	and handlebars for steering control, and intended for use by a
630	single operator and with no passenger.
631	(2)  "Dealer" means any person authorized by the Department
632	of Revenue to buy, sell, resell, or otherwise distribute off-
633	highway vehicles. Such person must have a valid sales tax
634	certificate of registration issued by the Department of Revenue
635	and a valid commercial or occupational license required by any
636	county, municipality, or political subdivision of the state in
637	which the person operates.
638	(3)  "Department" means the Department of Highway Safety
639	and Motor Vehicles.
640	(4)  "Florida resident" means a person who has had a
641	principal place of domicile in this state for a period of more
642	than 6 consecutive months, who has registered to vote in this
643	state, who has made a statement of domicile pursuant to s.
644	222.17, or who has filed for homestead tax exemption on property
645	in this state.
646	(5)  "OHM" or "off-highway motorcycle" means any motor
647	vehicle used off the roads or highways of this state that has a
648	seat or saddle for the use of the rider and is designed to
649	travel with not more than two wheels in contact with the ground,
650	but excludes a tractor or a moped.
651	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
652	OHM that is used off the roads or highways of this state for
653	recreational purposes and that is not registered and licensed
654	for highway use pursuant to chapter 320.
655	(7)  "Owner" means a person, other than a lienholder,
656	having the property in or title to an off-highway vehicle,
657	including a person entitled to the use or possession of an off-
658	highway vehicle subject to an interest held by another person,
659	reserved or created by agreement and securing payment of
660	performance of an obligation, but the term excludes a lessee
661	under a lease not intended as security.
662	(8)  "Public lands" means lands within the state that are
663	available for public use and that are owned, operated, or
664	managed by a federal, state, county, or municipal governmental
665	entity.
666	(9)  "Two-rider ATV" means any ATV that is specifically
667	designed by the manufacturer for a single operator and one
668	passenger.
669	Section 20.  Subsection (1) of section 317.0004, Florida
670	Statutes, is amended to read:
671	317.0004  Administration of off-highway vehicle titling
672	laws; records.--
673	(1)  The administration of off-highway vehicle titling laws
674	in this chapter ss. 317.0001-317.0013 is under the Department of
675	Highway Safety and Motor Vehicles, which shall provide for the
676	issuing, handling, and recording of all off-highway vehicle
677	titling applications and certificates, including the receipt and
678	accounting of off-highway vehicle titling fees.
679	Section 21.  Section 317.0005, Florida Statutes, is amended
680	to read:
681	317.0005  Rules, forms, and notices.--
682	(1)  The department may adopt rules pursuant to ss.
683	120.536(1) and 120.54, which pertain to off-highway vehicle
684	titling, in order to implement the provisions of this chapter
685	ss. 317.0001-317.0013 conferring duties upon it.
686	(2)  The department shall prescribe and provide suitable
687	forms for applications and other notices and forms necessary to
688	administer the provisions of this chapter ss. 317.0001-317.0013.
689	Section 22.  Subsection (1) of section 317.0006, Florida
690	Statutes, is amended to read:
691	317.0006  Certificate of title required.--
692	(1)  Any off-highway vehicle that is purchased by a
693	resident of this state after the effective date of this act or
694	that is owned by a resident and is operated on the public lands
695	of this state must be titled pursuant to this chapter ss.
696	317.0001-317.0013.
697	Section 23.  Subsection (6) is added to section 317.0007,
698	Florida Statutes, to read:
699	317.0007  Application for and issuance of certificate of
700	title.--
701	(6)  In addition to a certificate of title, the department
702	may issue a validation sticker to be placed on the off-highway
703	vehicle as proof of the issuance of title required pursuant to
704	s. 317.0006(1). A validation sticker that is lost or destroyed
705	may, upon application, be replaced by the department or county
706	tax collector. The department and county tax collector may
707	charge and deposit the fees established in ss. 320.03(5),
708	320.031, and 320.04 for all original and replacement decals.
709	Section 24.  Section 317.0008, Florida Statutes, is amended
710	to read:
711	317.0008  Duplicate certificate of title.--
712	(1)  The department may issue a duplicate certificate of
713	title upon application by the person entitled to hold such a
714	certificate if the department is satisfied that the original
715	certificate has been lost, destroyed, or mutilated. A fee of $15
716	shall be charged for issuing a duplicate certificate.
717	(2)  In addition to the fee imposed by subsection (1), a
718	fee of $7 shall be charged for expedited service in issuing a
719	duplicate certificate of title. Application for such expedited
720	service may be made by mail or in person. The department shall
721	issue each certificate of title applied for under this
722	subsection within 5 working days after receipt of a proper
723	application or shall refund the additional $7 fee upon written
724	request by the applicant.
725	(2)(3)  If, following the issuance of an original,
726	duplicate, or corrected certificate of title by the department,
727	the certificate is lost in transit and is not delivered to the
728	addressee, the owner of the off-highway vehicle or the holder of
729	a lien thereon may, within 180 days after the date of issuance
730	of the certificate, apply to the department for reissuance of
731	the certificate. An additional fee may not be charged for
732	reissuance under this subsection.
733	(3)(4)  The department shall implement a system to verify
734	that the application is signed by a person authorized to receive
735	a duplicate certificate of title under this section if the
736	address shown on the application is different from the address
737	shown for the applicant on the records of the department.
738	Section 25.  Section 317.0010, Florida Statutes, is amended
739	to read:
740	317.0010  Disposition of fees.--Except as otherwise
741	specifically provided for in this chapter, the department shall
742	deposit all funds received under this chapter ss. 317.0001-
743	317.0013, less administrative costs of $2 per title transaction,
744	into the Incidental Trust Fund of the Division of Forestry of
745	the Department of Agriculture and Consumer Services.
746	Section 26.  Paragraph (c) of subsection (3) of section
747	317.0012, Florida Statutes, is amended to read:
748	317.0012  Crimes relating to certificates of title;
749	penalties.--
750	(3)  It is unlawful to:
751	(c)  Use a false or fictitious name, give a false or
752	fictitious address, or make any false statement in any
753	application or affidavit required by this chapter ss. 317.0001-
754	317.0013 or in a bill of sale or sworn statement of ownership or
755	otherwise commit a fraud in any application.
756
757	Any person who violates this subsection commits a felony of the
758	third degree, punishable as provided in s. 775.082, s. 775.083,
759	or s. 775.084. A violation of this subsection with respect to
760	any off-highway vehicle makes such off-highway vehicle
761	contraband which may be seized by a law enforcement agency and
762	forfeited under ss. 932.701-932.704.
763	Section 27.  Section 317.0013, Florida Statutes, is amended
764	to read:
765	317.0013  Nonmoving traffic violations.--Any person who
766	fails to comply with any provision of this chapter ss. 317.0001-
767	317.0012 for which a penalty is not otherwise provided commits a
768	nonmoving traffic violation, punishable as provided in s.
769	318.18.
770	Section 28.  Section 317.0014, Florida Statutes, is created
771	to read:
772	317.0014  Certificate of title; issuance in duplicate;
773	delivery; liens and encumbrances.--
774	(1)  The department shall assign a number to each
775	certificate of title and shall issue each certificate of title
776	and each corrected certificate in duplicate. The database record
777	shall serve as the duplicate title certificate required in this
778	section. One printed copy may be retained on file by the
779	department.
780	(2)  A duly authorized person shall sign the original
781	certificate of title and each corrected certificate and, if
782	there are no liens or encumbrances on the off-highway vehicle as
783	shown in the records of the department or as shown in the
784	application, shall deliver the certificate to the applicant or
785	to another person as directed by the applicant or person, agent,
786	or attorney submitting the application. If there are one or more
787	liens or encumbrances on the off-highway vehicle, the
788	certificate shall be delivered by the department to the first
789	lienholder as shown by department records or to the owner as
790	indicated in the notice of lien filed by the first lienholder.
791	If the notice of lien filed by the first lienholder indicates
792	that the certificate should be delivered to the first
793	lienholder, the department shall deliver to the first
794	lienholder, along with the certificate, a form to be
795	subsequently used by the lienholder as a satisfaction. If the
796	notice of lien filed by the first lienholder directs the
797	certificate of title to be delivered to the owner, then upon
798	delivery of the certificate of title by the department to the
799	owner, the department shall deliver to the first lienholder
800	confirmation of the receipt of the notice of lien and the date
801	the certificate of title was issued to the owner at the owner's
802	address shown on the notice of lien and a form to be
803	subsequently used by the lienholder as a satisfaction. If the
804	application for certificate shows the name of a first lienholder
805	different from the name of the first lienholder as shown by the
806	records of the department, the certificate may not be issued to
807	any person until after all parties who appear to hold a lien and
808	the applicant for the certificate have been notified of the
809	conflict in writing by the department by certified mail. If the
810	parties do not amicably resolve the conflict within 10 days
811	after the date the notice was mailed, the department shall serve
812	notice in writing by certified mail on all persons appearing to
813	hold liens on that particular vehicle, including the applicant
814	for the certificate, to show cause within 15 days following the
815	date the notice is mailed as to why it should not issue and
816	deliver the certificate to the person indicated in the notice of
817	lien filed by the lienholder whose name appears in the
818	application as the first lienholder without showing any lien or
819	liens as outstanding other than those appearing in the
820	application or those that have been filed subsequent to the
821	filing of the application for the certificate. If, within the
822	15-day period, any person other than the lienholder shown in the
823	application or a party filing a subsequent lien, in answer to
824	the notice to show cause, appears in person or by a
825	representative, or responds in writing, and files a written
826	statement under oath that his or her lien on that particular
827	vehicle is still outstanding, the department may not issue the
828	certificate to anyone until after the conflict has been settled
829	by the lien claimants involved or by a court of competent
830	jurisdiction. If the conflict is not settled amicably within 10
831	days after the final date for filing an answer to the notice to
832	show cause, the complaining party shall have 10 days in which to
833	obtain a ruling or stay order from a court of competent
834	jurisdiction. If a ruling or stay order is not issued and served
835	on the department within the 10-day period, it shall issue the
836	certificate showing no liens except those shown in the
837	application or thereafter filed to the original applicant if
838	there are no liens shown in the application and none are
839	thereafter filed, or to the person indicated in the notice of
840	lien filed by the lienholder whose name appears in the
841	application as the first lienholder if there are liens shown in
842	the application or thereafter filed. A duplicate certificate or
843	corrected certificate shall show only the lien or liens as shown
844	in the application and any subsequently filed liens that may be
845	outstanding.
846	(3)  Except as provided in subsection (4), the certificate
847	of title shall be retained by the first lienholder or the owner
848	as indicated in the notice of lien filed by the first
849	lienholder. If the first lienholder is in possession of the
850	certificate, the first lienholder is entitled to retain the
851	certificate until the first lien is satisfied.
852	(4)  If the owner of the vehicle, as shown on the title
853	certificate, desires to place a second or subsequent lien or
854	encumbrance against the vehicle when the title certificate is in
855	the possession of the first lienholder, the owner shall send a
856	written request to the first lienholder by certified mail, and
857	the first lienholder shall forward the certificate to the
858	department for endorsement. If the title certificate is in the
859	possession of the owner, the owner shall forward the certificate
860	to the department for endorsement. The department shall return
861	the certificate to either the first lienholder or to the owner,
862	as indicated in the notice of lien filed by the first
863	lienholder, after endorsing the second or subsequent lien on the
864	certificate and on the duplicate. If the first lienholder or
865	owner fails, neglects, or refuses to forward the certificate of
866	title to the department within 10 days after the date of the
867	owner's request, the department, on the written request of the
868	subsequent lienholder or an assignee of the lien, shall demand
869	of the first lienholder the return of the certificate for the
870	notation of the second or subsequent lien or encumbrance.
871	(5)(a)  Upon satisfaction of any first lien or encumbrance
872	recorded by the department, the owner of the vehicle, as shown
873	on the title certificate, or the person satisfying the lien is
874	entitled to demand and receive from the lienholder a
875	satisfaction of the lien. If the lienholder, upon satisfaction
876	of the lien and upon demand, fails or refuses to furnish a
877	satisfaction of the lien within 30 days after demand, he or she
878	is liable for all costs, damages, and expenses, including
879	reasonable attorney's fees, lawfully incurred by the titled
880	owner or person satisfying the lien in any suit brought in this
881	state for cancellation of the lien. The lienholder receiving
882	final payment as defined in s. 674.215 shall mail or otherwise
883	deliver a lien satisfaction and the certificate of title
884	indicating the satisfaction within 10 working days after receipt
885	of final payment or notify the person satisfying the lien that
886	the title is not available within 10 working days after receipt
887	of final payment. If the lienholder is unable to provide the
888	certificate of title and notifies the person of such, the
889	lienholder shall provide a lien satisfaction and is responsible
890	for the cost of a duplicate title, including expedited title
891	charges as provided in s. 317.0016. This paragraph does not
892	apply to electronic transactions under subsection (8).
893	(b)  Following satisfaction of a lien, the lienholder shall
894	enter a satisfaction thereof in the space provided on the face
895	of the certificate of title. If the certificate of title was
896	retained by the owner, the owner shall, within 5 days after
897	satisfaction of the lien, deliver the certificate of title to
898	the lienholder and the lienholder shall enter a satisfaction
899	thereof in the space provided on the face of the certificate of
900	title. If no subsequent liens are shown on the certificate of
901	title, the certificate shall be delivered by the lienholder to
902	the person satisfying the lien or encumbrance and an executed
903	satisfaction on a form provided by the department shall be
904	forwarded to the department by the lienholder within 10 days
905	after satisfaction of the lien.
906	(c)  If the certificate of title shows a subsequent lien
907	not then being discharged, an executed satisfaction of the first
908	lien shall be delivered by the lienholder to the person
909	satisfying the lien and the certificate of title showing
910	satisfaction of the first lien shall be forwarded by the
911	lienholder to the department within 10 days after satisfaction
912	of the lien.
913	(d)  If, upon receipt of a title certificate showing
914	satisfaction of the first lien, the department determines from
915	its records that there are no subsequent liens or encumbrances
916	upon the vehicle, the department shall forward to the owner, as
917	shown on the face of the title, a corrected certificate showing
918	no liens or encumbrances. If there is a subsequent lien not
919	being discharged, the certificate of title shall be reissued
920	showing the second or subsequent lienholder as the first
921	lienholder and shall be delivered to either the new first
922	lienholder or to the owner as indicated in the notice of lien
923	filed by the new first lienholder. If the certificate of title
924	is to be retained by the first lienholder on the reissued
925	certificate, the first lienholder is entitled to retain the
926	certificate of title except as provided in subsection (4) until
927	his or her lien is satisfied. Upon satisfaction of the lien, the
928	lienholder is subject to the procedures required of a first
929	lienholder by subsection (4) and this subsection.
930	(6)  When the original certificate of title cannot be
931	returned to the department by the lienholder and evidence
932	satisfactory to the department is produced that all liens or
933	encumbrances have been satisfied, upon application by the owner
934	for a duplicate copy of the certificate upon the form prescribed
935	by the department, accompanied by the fee prescribed in this
936	chapter, a duplicate copy of the certificate of title, without
937	statement of liens or encumbrances, shall be issued by the
938	department and delivered to the owner.
939	(7)  Any person who fails, within 10 days after receipt of
940	a demand by the department by certified mail, to return a
941	certificate of title to the department as required by subsection
942	(4) or who, upon satisfaction of a lien, fails within 10 days
943	after receipt of such demand to forward the appropriate document
944	to the department as required by paragraph (5)(b) or paragraph
945	(5)(c) commits a misdemeanor of the second degree, punishable as
946	provided in s. 775.082 or s. 775.083.
947	(8)  Notwithstanding any requirements in this section or in
948	s. 319.27 indicating that a lien on a vehicle shall be noted on
949	the face of the Florida certificate of title, if there are one
950	or more liens or encumbrances on the off-highway vehicle, the
951	department may electronically transmit the lien to the first
952	lienholder and notify the first lienholder of any additional
953	liens. Subsequent lien satisfactions may be electronically
954	transmitted to the department and must include the name and
955	address of the person or entity satisfying the lien. When
956	electronic transmission of liens and lien satisfactions is used,
957	the issuance of a certificate of title may be waived until the
958	last lien is satisfied and a clear certificate of title is
959	issued to the owner of the vehicle.
960	(9)  When sending any notice, the department is required to
961	use only the last known address, as shown by its records.
962	Section 29.  Section 317.0015, Florida Statutes, is created
963	to read:
964	317.0015  Application of law.--Sections 319.235, 319.241,
965	319.25, 319.27, 319.28, and 319.40 apply to all off-highway
966	vehicles that are required to be titled under this chapter.
967	Section 30.  Section 317.0016, Florida Statutes, is created
968	to read:
969	317.0016  Expedited service; applications; fees.--The
970	department shall provide, through its agents and for use by the
971	public, expedited service on title transfers, title issuances,
972	duplicate titles, recordation of liens, and certificates of
973	repossession. A fee of $7 shall be charged for this service,
974	which is in addition to the fees imposed by ss. 317.0007 and
975	317.0008, and $3.50 of this fee shall be retained by the
976	processing agency. All remaining fees shall be deposited in the
977	Incidental Trust Fund of the Division of Forestry of the
978	Department of Agriculture and Consumer Services. Application for
979	expedited service may be made by mail or in person. The
980	department shall issue each title applied for pursuant to this
981	section within 5 working days after receipt of the application
982	except for an application for a duplicate title certificate
983	covered by s. 317.0008(3), in which case the title must be
984	issued within 5 working days after compliance with the
985	department's verification requirements.
986	Section 31.  Section 317.0017, Florida Statutes, is created
987	to read:
988	317.0017  Offenses involving vehicle identification
989	numbers, applications, certificates, papers; penalty.--
990	(1)  A person may not:
991	(a)  Alter or forge any certificate of title to an off-
992	highway vehicle or any assignment thereof or any cancellation of
993	any lien on an off-highway vehicle.
994	(b)  Retain or use such certificate, assignment, or
995	cancellation knowing that it has been altered or forged.
996	(c)  Procure or attempt to procure a certificate of title
997	to an off-highway vehicle, or pass or attempt to pass a
998	certificate of title or any assignment thereof to an off-highway
999	vehicle, knowing or having reason to believe that the off-
1000	highway vehicle has been stolen.
1001	(d)  Possess, sell or offer for sale, conceal, or dispose
1002	of in this state an off-highway vehicle, or major component part
1003	thereof, on which any motor number or vehicle identification
1004	number affixed by the manufacturer or by a state agency has been
1005	destroyed, removed, covered, altered, or defaced, with knowledge
1006	of such destruction, removal, covering, alteration, or
1007	defacement, except as provided in s. 319.30(4).
1008	(e)  Use a false or fictitious name, give a false or
1009	fictitious address, or make any false statement in any
1010	application or affidavit required under this chapter or in a
1011	bill of sale or sworn statement of ownership or otherwise commit
1012	a fraud in any application.
1013	(2)  A person may not knowingly obtain goods, services,
1014	credit, or money by means of an invalid, duplicate, fictitious,
1015	forged, counterfeit, stolen, or unlawfully obtained certificate
1016	of title, registration, bill of sale, or other indicia of
1017	ownership of an off-highway vehicle.
1018	(3)  A person may not knowingly obtain goods, services,
1019	credit, or money by means of a certificate of title to an off-
1020	highway vehicle, which certificate is required by law to be
1021	surrendered to the department.
1022	(4)  A person may not knowingly and with intent to defraud
1023	have in his or her possession, sell, offer to sell, counterfeit,
1024	or supply a blank, forged, fictitious, counterfeit, stolen, or
1025	fraudulently or unlawfully obtained certificate of title, bill
1026	of sale, or other indicia of ownership of an off-highway vehicle
1027	or conspire to do any of the foregoing.
1028	(5)  A person, firm, or corporation may not knowingly
1029	possess, manufacture, sell or exchange, offer to sell or
1030	exchange, supply in blank, or give away any counterfeit
1031	manufacturer's or state-assigned identification number plates or
1032	serial plates or any decal used for the purpose of identifying
1033	an off-highway vehicle. A person, or an officer, agent, or
1034	employee of any person, firm, or corporation, may not authorize,
1035	direct, aid in exchange, or give away, or conspire to authorize,
1036	direct, aid in exchange, or give away, such counterfeit
1037	manufacturer's or state-assigned identification number plates or
1038	serial plates or any decal. However, this subsection does not
1039	apply to any approved replacement manufacturer's or state-
1040	assigned identification number plates or serial plates or any
1041	decal issued by the department or any state.
1042	(6)  A person who violates any provision of this section
1043	commits a felony of the third degree, punishable as provided in
1044	s. 775.082, s. 775.083, or s. 775.084. Any off-highway vehicle
1045	used in violation of this section constitutes contraband that
1046	may be seized by a law enforcement agency and that is subject to
1047	forfeiture proceedings pursuant to ss. 932.701-932.704. This
1048	section is not exclusive of any other penalties prescribed by
1049	any existing or future laws for the larceny or unauthorized
1050	taking of off-highway vehicles but is supplementary thereto.
1051	Section 32.  Section 317.0018, Florida Statutes, is created
1052	to read:
1053	317.0018  Transfer without delivery of certificate;
1054	operation or use without certificate; failure to surrender;
1055	other violations.--Except as otherwise provided in this chapter,
1056	any person who:
1057	(1)  Purports to sell or transfer an off-highway vehicle
1058	without delivering to the purchaser or transferee of the vehicle
1059	a certificate of title to the vehicle duly assigned to the
1060	purchaser as provided in this chapter;
1061	(2)  Operates or uses in this state an off-highway vehicle
1062	for which a certificate of title is required without the
1063	certificate having been obtained in accordance with this
1064	chapter, or upon which the certificate of title has been
1065	canceled;
1066	(3)  Fails to surrender a certificate of title upon
1067	cancellation of the certificate by the department and notice
1068	thereof as prescribed in this chapter;
1069	(4)  Fails to surrender the certificate of title to the
1070	department as provided in this chapter in the case of the
1071	destruction, dismantling, or change of an off-highway vehicle in
1072	such respect that it is not the off-highway vehicle described in
1073	the certificate of title; or
1074	(5)  Violates any other provision of this chapter or a
1075	lawful rule adopted pursuant to this chapter,
1076
1077	shall be fined not more than $500 or imprisoned for not more
1078	than 6 months, or both, for each offense, unless otherwise
1079	specified.
1080	Section 33.  Subsection (7) of section 318.14, Florida
1081	Statutes, is amended to read:
1082	318.14  Noncriminal traffic infractions; exception;
1083	procedures.--
1084	(7)(a)  The official having jurisdiction over the
1085	infraction shall certify to the department within 10 days after
1086	payment of the civil penalty that the defendant has admitted to
1087	the infraction. If the charge results in a hearing, the official
1088	having jurisdiction shall certify to the department the final
1089	disposition within 10 days after of the hearing. All
1090	dispositions returned to the county requiring a correction shall
1091	be resubmitted to the department within 10 days after the
1092	notification of the error.
1093	(b)  If the official having jurisdiction over the traffic
1094	infraction submits the final disposition to the department more
1095	than 180 days after the final hearing or after payment of the
1096	civil penalty, the department may modify any resulting
1097	suspension or revocation action to begin as if the citation were
1098	reported in a timely manner.
1099	Section 34.  For the purpose of incorporating the amendment
1100	to section 322.61, Florida Statutes, in a reference thereto,
1101	subsection (9) of section 318.14, Florida Statutes, is reenacted
1102	to read:
1103	318.14  Noncriminal traffic infractions; exception;
1104	procedures.--
1105	(9)  Any person who is cited for an infraction under this
1106	section other than a violation of s. 320.0605, s. 320.07(3)(a)
1107	or (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may,
1108	in lieu of a court appearance, elect to attend in the location
1109	of his or her choice within this state a basic driver
1110	improvement course approved by the Department of Highway Safety
1111	and Motor Vehicles. In such a case, adjudication must be
1112	withheld; points, as provided by s. 322.27, may not be assessed;
1113	and the civil penalty that is imposed by s. 318.18(3) must be
1114	reduced by 18 percent; however, a person may not make an
1115	election under this subsection if the person has made an
1116	election under this subsection in the preceding 12 months. A
1117	person may make no more than five elections under this
1118	subsection. The requirement for community service under s.
1119	318.18(8) is not waived by a plea of nolo contendere or by the
1120	withholding of adjudication of guilt by a court.
1121	Section 35.  Effective July 1, 2004, subsection (2) of
1122	section 318.15, Florida Statutes, as amended by section 98 of
1123	chapter 2003-402, Laws of Florida, is amended to read:
1124	318.15  Failure to comply with civil penalty or to appear;
1125	penalty.--
1126	(2)  After suspension of the driver's license and privilege
1127	to drive of a person under subsection (1), the license and
1128	privilege may not be reinstated until the person complies with
1129	all obligations and penalties imposed on him or her under s.
1130	318.18 and presents to a driver license office a certificate of
1131	compliance issued by the court, together with a nonrefundable
1132	service fee of up to $37.50 imposed under s. 322.29, or pays the
1133	aforementioned service fee of up to $37.50 to the clerk of the
1134	court or tax collector clearing such suspension. If the fee is
1135	collected by the clerk of the court, $10 of the fee shall be
1136	remitted to the Department of Revenue for deposit into the
1137	Highway Safety Operating Trust Fund. If the fee is collected by
1138	the tax collector, $10 of the fee shall be remitted to the
1139	Department of Highway Safety and Motor Vehicles for deposit into
1140	the Highway Safety Operating Trust Fund. Such person shall also
1141	be in compliance with requirements of chapter 322 prior to
1142	reinstatement.
1143	Section 36.  Subsection (6) of section 319.23, Florida
1144	Statutes, is amended to read:
1145	319.23  Application for, and issuance of, certificate of
1146	title.--
1147	(6)  In the case of the sale of a motor vehicle or mobile
1148	home by a licensed dealer to a general purchaser, the
1149	certificate of title shall be obtained in the name of the
1150	purchaser by the dealer upon application signed by the
1151	purchaser, and in each other case such certificate shall be
1152	obtained by the purchaser. In each case of transfer of a motor
1153	vehicle or mobile home, the application for certificate of
1154	title, or corrected certificate, or assignment or reassignment,
1155	shall be filed within 30 days from the delivery of such motor
1156	vehicle or mobile home to the purchaser. An applicant shall be
1157	required to pay a fee of $10, in addition to all other fees and
1158	penalties required by law, for failing to file such application
1159	within the specified time. When a licensed dealer acquires a
1160	motor vehicle or mobile home as a trade-in, the dealer must file
1161	with the department a notice of sale signed by the seller. The
1162	department shall update its database for that title record to
1163	indicate "sold." A licensed dealer need not apply for a
1164	certificate of title for any motor vehicle or mobile home in
1165	stock acquired for stock purposes except as provided in s.
1166	319.225.
1167	Section 37.  Subsections (2) and (3) of section 319.27,
1168	Florida Statutes, are amended to read:
1169	319.27  Notice of lien on motor vehicles or mobile homes;
1170	notation on certificate; recording of lien.--
1171	(2)  No lien for purchase money or as security for a debt
1172	in the form of a security agreement, retain title contract,
1173	conditional bill of sale, chattel mortgage, or other similar
1174	instrument or any other nonpossessory lien, including a lien for
1175	child support, upon a motor vehicle or mobile home upon which a
1176	Florida certificate of title has been issued shall be
1177	enforceable in any of the courts of this state against creditors
1178	or subsequent purchasers for a valuable consideration and
1179	without notice, unless a sworn notice of such lien has been
1180	filed in the department and such lien has been noted upon the
1181	certificate of title of the motor vehicle or mobile home. Such
1182	notice shall be effective as constructive notice when filed. No
1183	interest of a statutory nonpossessory lienor; the interest of a
1184	nonpossessory execution, attachment, or equitable lienor; or the
1185	interest of a lien creditor as defined in s. 679.1021(1)(zz)
1186	679.301(3), if nonpossessory, shall be enforceable against
1187	creditors or subsequent purchasers for a valuable consideration
1188	unless such interest becomes a possessory lien or is noted upon
1189	the certificate of title for the subject motor vehicle or mobile
1190	home prior to the occurrence of the subsequent transaction.
1191	Provided the provisions of this subsection relating to a
1192	nonpossessory statutory lienor; a nonpossessory execution,
1193	attachment, or equitable lienor; or the interest of a lien
1194	creditor as defined in s. 679.1021(1)(zz) 679.301(3) shall not
1195	apply to liens validly perfected prior to October 1, 1988. The
1196	notice of lien shall provide the following information:
1197	(a)  The date of the lien if a security agreement, retain
1198	title contract, conditional bill of sale, chattel mortgage, or
1199	other similar instrument was executed prior to the filing of the
1200	notice of lien;
1201	(b)  The name and address of the registered owner;
1202	(c)  A description of the motor vehicle or mobile home,
1203	showing the make, type, and vehicle identification number; and
1204	(d)  The name and address of the lienholder.
1205	(3)(a)  A person may file a notice of lien with regard to a
1206	motor vehicle or mobile home before a security agreement, retain
1207	title contract, conditional bill of sale, chattel mortgage, or
1208	other similar instrument is executed granting a lien, mortgage,
1209	or encumbrance on, or a security interest in, such motor vehicle
1210	or mobile home.
1211	(b)  As applied to a determination of the respective rights
1212	of a secured party under this chapter and a lien creditor as
1213	defined by s. 679.1021(1)(zz) 679.301(3), or a nonpossessory
1214	statutory lienor, a security interest under this chapter shall
1215	be perfected upon the filing of the notice of lien with the
1216	department, the county tax collector, or their agents. Provided,
1217	however, the date of perfection of a security interest of such
1218	secured party shall be the same date as the execution of the
1219	security agreement or other similar instrument if the notice of
1220	lien is filed in accordance with this subsection within 15 days
1221	after the debtor receives possession of the motor vehicle or
1222	mobile home and executes such security agreement or other
1223	similar instrument. The date of filing of the notice of lien
1224	shall be the date of its receipt by the department central
1225	office in Tallahassee, if first filed there, or otherwise by the
1226	office of the county tax collector, or their agents.
1227	Section 38.  Subsection (4) of section 319.29, Florida
1228	Statutes, is amended to read:
1229	319.29  Lost or destroyed certificates.--
1230	(4)  The department shall implement a system to verify that
1231	the application is signed by a person authorized to receive a
1232	duplicate title certificate under this section if the address
1233	shown on the application is different from the address shown for
1234	the applicant on the records of the department. If the title
1235	certificate is being delivered to someone other than the owner
1236	of record, the identity of the person to whom the title
1237	certificate is delivered must be verified and the documentation
1238	of the verification must be maintained by the department.
1239	Section 39.  Paragraph (a) of subsection (1) and
1240	subsections (25) and (26) of section 320.01, Florida Statutes,
1241	are amended to read:
1242	320.01  Definitions, general.--As used in the Florida
1243	Statutes, except as otherwise provided, the term:
1244	(1)  "Motor vehicle" means:
1245	(a)  An automobile, motorcycle, truck, trailer,
1246	semitrailer, truck tractor and semitrailer combination, or any
1247	other vehicle operated on the roads of this state, used to
1248	transport persons or property, and propelled by power other than
1249	muscular power, but the term does not include traction engines,
1250	road rollers, such vehicles as run only upon a track, bicycles,
1251	motorized scooters as defined in s. 316.003, or mopeds.
1252	(25)  "Apportionable vehicle" means any vehicle, except
1253	recreational vehicles, vehicles displaying restricted plates,
1254	city pickup and delivery vehicles, buses used in transportation
1255	of chartered parties, and government-owned vehicles, which is
1256	used or intended for use in two or more member jurisdictions
1257	that allocate or proportionally register vehicles and which is
1258	used for the transportation of persons for hire or is designed,
1259	used, or maintained primarily for the transportation of property
1260	and:
1261	(a)  Is a power unit having a gross vehicle weight in
1262	excess of 26,001 pounds or more;
1263	(b)  Is a power unit having three or more axles, regardless
1264	of weight; or
1265	(c)  Is used in combination, when the weight of such
1266	combination is exceeds 26,001 pounds or more gross vehicle
1267	weight.
1268
1269	Vehicles, or combinations thereof, having a gross vehicle weight
1270	of 26,001 pounds or less and two-axle vehicles may be
1271	proportionally registered.
1272	(26)  "Commercial motor vehicle" means any vehicle that
1273	which is not owned or operated by a governmental entity, that
1274	which uses special fuel or motor fuel on the public highways,
1275	and that which has a gross vehicle weight of 26,001 pounds or
1276	more, or has three or more axles regardless of weight, or is
1277	used in combination when the weight of the such combination is
1278	exceeds 26,001 pounds or more gross vehicle weight.
1279	Section 40.  Subsection (3) of section 320.05, Florida
1280	Statutes, is amended to read:
1281	320.05  Records of the department; inspection procedure;
1282	lists and searches; fees.--
1283	(3)(a)  The department is authorized, upon application of
1284	any person and payment of the proper fees, to prepare and
1285	furnish lists containing motor vehicle or vessel information in
1286	a such form as the department may authorize, to search the
1287	records of the department and make reports thereof, and to make
1288	photographic copies of the department records and attestations
1289	thereof.
1290	(b)  Fees therefor shall be charged and collected as
1291	follows:
1292	1.  For providing lists of motor vehicle or vessel records
1293	for the entire state, or any part or parts thereof, divided
1294	according to counties, a sum computed at a rate of not less than
1295	1 cent nor more than 5 cents per item.
1296	2.  For providing noncertified photographic copies of motor
1297	vehicle or vessel documents, $1 per page.
1298	3.  For providing noncertified photographic copies of
1299	micrographic records, $1 per page.
1300	4.  For providing certified copies of motor vehicle or
1301	vessel records, $3 per record.
1302	5.  For providing noncertified computer-generated printouts
1303	of motor vehicle or vessel records, 50 cents per record.
1304	6.  For providing certified computer-generated printouts of
1305	motor vehicle or vessel records, $3 per record.
1306	7.  For providing electronic access to motor vehicle,
1307	vessel, and mobile home registration data requested by tag,
1308	vehicle identification number, title number, or decal number, 50
1309	cents per item, except that information provided via the
1310	department's Internet website is free of charge.
1311	8.  For providing electronic access to driver's license
1312	status report by name, sex, and date of birth or by driver
1313	license number, 50 cents per item.
1314	8.9.  For providing lists of licensed mobile home dealers
1315	and manufacturers and recreational vehicle dealers and
1316	manufacturers, $15 per list.
1317	9.10.  For providing lists of licensed motor vehicle
1318	dealers, $25 per list.
1319	10.11.  For each copy of a videotape record, $15 per tape.
1320	11.12.  For each copy of the Division of Motor Vehicles
1321	Procedures Manual, $25.
1322	(c)  Fees collected under pursuant to paragraph (b) shall
1323	be deposited into the Highway Safety Operating Trust Fund.
1324	(d)  The department shall furnish the such information
1325	without charge to any court or governmental entity.
1326	(e)  When motor vehicle, vessel, or mobile home
1327	registration data is provided by electronic access through a tax
1328	collector's office, a fee for the electronic access is not
1329	required to be assessed. However, at the tax collector's
1330	discretion, a fee equal to or less than the fee charged by the
1331	department for the such information may be assessed by the tax
1332	collector for the electronic access. Notwithstanding paragraph
1333	(c), any funds collected by the tax collector as a result of
1334	providing such access shall be retained by the tax collector.
1335	Section 41.  Subsection (4) of section 320.06, Florida
1336	Statutes, is amended to read:
1337	320.06  Registration certificates, license plates, and
1338	validation stickers generally.--
1339	(4)  The corporation organized under chapter 946 may
1340	manufacture license plates, validation stickers, and decals, as
1341	well as temporary tags, disabled hang tags, vessel decals, and
1342	fuel use decals, for the Department of Highway Safety and Motor
1343	Vehicles as provided in this chapter and chapter 328 327. The
1344	Department of Highway Safety and Motor Vehicles is not required
1345	to obtain competitive bids in order to contract with the
1346	corporation.
1347	Section 42.  Section 320.0601, Florida Statutes, is amended
1348	to read:
1349	320.0601  Lease and rental car companies; identification of
1350	vehicles as for-hire.--
1351	(1)  A rental car company may not rent in this state any
1352	for-hire vehicle, other than vehicles designed to transport
1353	cargo, that has affixed to its exterior any bumper stickers,
1354	insignias, or advertising that identifies the vehicle as a
1355	rental vehicle.
1356	(2)  As used in this section, the term:
1357	(a)  "Bumper stickers, insignias, or advertising" does not
1358	include:
1359	1.  Any emblem of no more than two colors which is less
1360	than 2 inches by 4 inches, which is placed on the rental car for
1361	inventory purposes only, and which does not display the name or
1362	logo of the rental car company; or
1363	2.  Any license required by the law of the state in which
1364	the vehicle is registered.
1365	(b)  "Rent in this state" means to sign a rental contract
1366	in this state or to deliver a car to a renter in this state.
1367	(3)  A rental car company that leases a motor vehicle that
1368	is found to be in violation of this section shall be punished by
1369	a fine of $500 per occurrence.
1370	(4)  All original and transfer transactions of long-term
1371	leased motor vehicles must be registered in the name of the
1372	lessee.
1373	Section 43.  Section 320.0605, Florida Statutes, is amended
1374	to read:
1375	320.0605  Certificate of registration; possession required;
1376	exception.--The registration certificate or an official copy
1377	thereof, a true copy of a rental or lease agreement issued for a
1378	motor vehicle or issued for a replacement vehicle in the same
1379	registration period, a temporary receipt printed upon self-
1380	initiated electronic renewal of a registration via the Internet,
1381	or a cab card issued for a vehicle registered under the
1382	International Registration Plan shall, at all times while the
1383	vehicle is being used or operated on the roads of this state, be
1384	in the possession of the operator thereof or be carried in the
1385	vehicle for which issued and shall be exhibited upon demand of
1386	any authorized law enforcement officer or any agent of the
1387	department, except for a vehicle registered under s. 320.0657.
1388	The provisions of this section do not apply during the first 30
1389	days after purchase of a replacement vehicle. A violation of
1390	this section is a noncriminal traffic infraction, punishable as
1391	a nonmoving violation as provided in chapter 318.
1392	Section 44.  Section 320.0607, Florida Statutes, is amended
1393	to read:
1394	320.0607  Replacement license plates, validation decal, or
1395	mobile home sticker.--
1396	(1)  A Any law enforcement officer or department license
1397	and registration inspector may at any time inspect a license
1398	plate or validation decal for proper display and legibility as
1399	prescribed by chapter 316. A damaged or defaced plate or decal
1400	may be required to be replaced.
1401	(2)  When a license plate, mobile home sticker, or
1402	validation decal has been lost, stolen, or destroyed, the owner
1403	of the motor vehicle or mobile home for which the plate,
1404	sticker, or decal was issued shall make application to the
1405	department for a replacement. The application shall contain the
1406	plate, sticker, or decal number being replaced and a statement
1407	that the item was lost, stolen, or destroyed. If the application
1408	includes a copy of the police report prepared in response to a
1409	report of a stolen plate, sticker, or decal, such plate,
1410	sticker, or decal must be replaced at no charge.
1411	(3)  The department shall implement a system to verify that
1412	the replacement application is signed by a person authorized to
1413	receive a replacement license plate or duplicate registration if
1414	the address on the application is different from the address for
1415	the applicant on the records of the department. If the
1416	replacement license plate or duplicate registration is being
1417	delivered to someone other than the owner of record, proof of
1418	identity for that person must be verified and the physical
1419	documentation of the verification must be maintained by the
1420	department.
1421	(4)(3)  Except as provided in subsection (2), in all such
1422	cases, upon filing of an application accompanied by a fee of $10
1423	plus applicable service charges, the department shall issue a
1424	replacement plate, sticker, or decal as the case may be if it is
1425	satisfied that the information reported in the application is
1426	true. The replacement fee shall be deposited into the Highway
1427	Safety Operating Trust Fund.
1428	(5)(4)  Any license plate, sticker, or decal lost in the
1429	mail shall may be replaced at no charge. A Neither the service
1430	charge or nor the replacement fee may not shall be applied to
1431	the this replacement. However, the application for a replacement
1432	must shall contain a statement that the license plate, sticker,
1433	or decal was lost in the mail of such fact, the audit number of
1434	the lost item, and the date issued.
1435	(6)(5)  Upon the issuance of an original license plate, the
1436	applicant shall pay a fee of $10 to be deposited in the Highway
1437	Safety Operating Trust Fund.
1438	(7)(6)  All funds derived from the sale of temporary tags
1439	under the provisions of s. 320.131 shall be deposited in the
1440	Highway Safety Operating Trust Fund.
1441	Section 45.  Section 320.0843, Florida Statutes, is amended
1442	to read:
1443	320.0843  License plates for persons with disabilities
1444	eligible for permanent disabled parking permits.--
1445	(1)  An Any owner or lessee of a motor vehicle who resides
1446	in this state and qualifies for a disabled parking permit under
1447	s. 320.0848(2), upon application to the department and payment
1448	of the license tax for a motor vehicle registered under s.
1449	320.08(2), (3)(a), (b), (c), or (e),(4)(a) or (b), (6)(a), or
1450	(9)(c) or (d), shall be issued a license plate as provided by s.
1451	320.06 which, in lieu of the serial number prescribed by s.
1452	320.06, shall be stamped with the international wheelchair user
1453	symbol after the serial number of the license plate. The license
1454	plate entitles the person to all privileges afforded by a
1455	parking permit issued under s. 320.0848. If more than one
1456	registrant is listed on the registration issued under this
1457	section, the eligible applicant for the license plate shall be
1458	noted on the registration certificate.
1459	(2)  All applications for these such license plates must be
1460	made to the department.
1461	Section 46.  Paragraph (f) of subsection (2) of section
1462	320.0848, Florida Statutes, is amended to read:
1463	320.0848  Persons who have disabilities; issuance of
1464	disabled parking permits; temporary permits; permits for certain
1465	providers of transportation services to persons who have
1466	disabilities.--
1467	(2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
1468	MOBILITY PROBLEMS.--
1469	(f)  To obtain a replacement for a disabled parking permit
1470	that has been lost or stolen, a person must submit an
1471	application on a form prescribed by the department and must pay
1472	a replacement fee in the amount of $1.00, to be retained by the
1473	issuing agency. If the person submits with the application a
1474	police report documenting that the permit was stolen, there is
1475	no replacement fee. The department shall implement a system to
1476	verify that the application for a disabled parking permit is
1477	signed by a person authorized to receive a replacement or
1478	duplicate disabled parking permit if the address on the
1479	application is different from the address for the applicant on
1480	the records of the department. If the replacement or duplicate
1481	disabled parking permit is being delivered to someone other than
1482	the owner of record, proof of identity for that person must be
1483	verified and the physical documentation of the verification must
1484	be maintained by the department.
1485	Section 47.  Subsection (4) of section 320.086, Florida
1486	Statutes, is amended to read:
1487	320.086  Ancient or antique motor vehicles; "horseless
1488	carriage," antique, or historical license plates.--
1489	(4)  Any person who is the registered owner of a motor
1490	vehicle as defined in this section that was and manufactured in
1491	the model year 1975 1974 or earlier, may apply to the department
1492	for permission to use a historical Florida license plate that
1493	clearly represents the model year of the vehicle as a
1494	personalized prestige license plate. This plate shall be
1495	furnished by the such person and shall be presented to the
1496	department with a reasonable fee to be determined by the
1497	department for approval and for authentication that the historic
1498	license plate and any applicable decals were issued by this
1499	state in the same year as the model year of the car or truck.
1500	The requirements of s. 320.0805(8)(b) do not apply to historical
1501	plates authorized under this subsection.
1502	Section 48.  Subsection (8) is added to section 320.131,
1503	Florida Statutes, to read:
1504	320.131  Temporary tags.--
1505	(8)  The department may administer an electronic system for
1506	licensed motor vehicle dealers to use in issuing temporary tags.
1507	Upon issuing a temporary tag, the dealer shall access the
1508	electronic system and enter the appropriate vehicle and owner
1509	information within the timeframe specified by department rule.
1510	If a dealer fails to comply with the department's requirements
1511	for issuing temporary tags using the electronic system, the
1512	department may deny, suspend, or revoke a license under s.
1513	320.27(9)(b)16. upon proof that the licensee has failed to
1514	comply with the department's requirements.
1515	Section 49.  Subsection (1) of section 320.18, Florida
1516	Statutes, is amended to read:
1517	320.18  Withholding registration.--
1518	(1)  The department may withhold the registration of any
1519	motor vehicle or mobile home the owner of which has failed to
1520	register it under the provisions of law for any previous period
1521	or periods for which it appears registration should have been
1522	made in this state, until the tax for such period or periods is
1523	paid. The department may cancel any vehicle or vessel
1524	registration, driver's license, identification card, license
1525	plate or fuel-use tax decal if the owner uses a dishonored check
1526	to pay pays for the vehicle or vessel registration, driver's
1527	license, identification card, or license plate, fuel-use tax
1528	decal; to pay any administrative, delinquency, or reinstatement
1529	fee; or to pay any tax liability, penalty, or interest specified
1530	in chapter 207 by a dishonored check, or if the vehicle owner or
1531	motor carrier has failed to pay a penalty for a weight or safety
1532	violation issued by the Department of Transportation Motor
1533	Carrier Compliance Office. The Department of Transportation and
1534	the Department of Highway Safety and Motor Vehicles may impound
1535	any commercial motor vehicle that has a canceled license plate
1536	or fuel-use tax decal until the tax liability, penalty, and
1537	interest specified in chapter 207, the license tax, or the fuel-
1538	use decal fee, and applicable administrative fees have been paid
1539	for by certified funds.
1540	Section 50.  Paragraph (a) of subsection (4), subsection
1541	(6), and paragraph (b) of subsection (9) of section 320.27,
1542	Florida Statutes, are amended to read:
1543	320.27  Motor vehicle dealers.--
1544	(4)  LICENSE CERTIFICATE.--
1545	(a)  A license certificate shall be issued by the
1546	department in accordance with such application when the
1547	application is regular in form and in compliance with the
1548	provisions of this section. The license certificate may be in
1549	the form of a document or a computerized card as determined by
1550	the department. The actual cost of each original, additional, or
1551	replacement computerized card shall be borne by the licensee and
1552	is in addition to the fee for licensure. Such license, when so
1553	issued, entitles the licensee to carry on and conduct the
1554	business of a motor vehicle dealer. Each license issued to a
1555	franchise motor vehicle dealer expires annually on December 31
1556	unless revoked or suspended prior to that date. Each license
1557	issued to an independent or wholesale dealer or auction expires
1558	annually on April 30 unless revoked or suspended prior to that
1559	date. Not less than 60 days prior to the license expiration
1560	date, the department shall deliver or mail to each licensee the
1561	necessary renewal forms. Each independent dealer shall certify
1562	that the dealer principal (owner, partner, officer of the
1563	corporation, or director) has completed 8 hours of continuing
1564	education prior to filing the renewal forms with the department.
1565	Such certification shall be filed once every 2 years commencing
1566	with the 2006 renewal period. The continuing education shall
1567	include at least 2 hours of training in legal or legislative
1568	issues, 1 hour of training in department issues, and 5 hours of
1569	training in relevant motor vehicle industry topics. Continuing
1570	education shall be provided by dealer schools licensed under
1571	paragraph (b) either in a classroom setting or by
1572	correspondence. Such schools shall provide certificates of
1573	completion to the department and the customer, which shall be
1574	filed with the license renewal form, and such schools may charge
1575	a fee for providing continuing education. Any licensee who does
1576	not file his or her application and fees and any other requisite
1577	documents, as required by law, with the department at least 30
1578	days prior to the license expiration date shall cease to engage
1579	in business as a motor vehicle dealer on the license expiration
1580	date. A renewal filed with the department within 45 days after
1581	the expiration date shall be accompanied by a delinquent fee of
1582	$100. Thereafter, a new application is required, accompanied by
1583	the initial license fee. A license certificate duly issued by
1584	the department may be modified by endorsement to show a change
1585	in the name of the licensee, provided, as shown by affidavit of
1586	the licensee, the majority ownership interest of the licensee
1587	has not changed or the name of the person appearing as
1588	franchisee on the sales and service agreement has not changed.
1589	Modification of a license certificate to show any name change as
1590	herein provided shall not require initial licensure or
1591	reissuance of dealer tags; however, any dealer obtaining a name
1592	change shall transact all business in and be properly identified
1593	by that name. All documents relative to licensure shall reflect
1594	the new name. In the case of a franchise dealer, the name change
1595	shall be approved by the manufacturer, distributor, or importer.
1596	A licensee applying for a name change endorsement shall pay a
1597	fee of $25 which fee shall apply to the change in the name of a
1598	main location and all additional locations licensed under the
1599	provisions of subsection (5). Each initial license application
1600	received by the department shall be accompanied by verification
1601	that, within the preceding 6 months, the applicant, or one or
1602	more of his or her designated employees, has attended a training
1603	and information seminar conducted by a licensed motor vehicle
1604	dealer training school the department. Such seminar shall
1605	include, but is not limited to, statutory dealer requirements,
1606	which requirements include required bookkeeping and
1607	recordkeeping procedures, requirements for the collection of
1608	sales and use taxes, and such other information that in the
1609	opinion of the department will promote good business practices.
1610	No seminar may exceed 8 hours in length.
1611	(6)  RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall
1612	keep a book or record in such form as shall be prescribed or
1613	approved by the department for a period of 5 years, in which the
1614	licensee shall keep a record of the purchase, sale, or exchange,
1615	or receipt for the purpose of sale, of any motor vehicle, the
1616	date upon which any temporary tag was issued, the date of title
1617	transfer, and a description of such motor vehicle together with
1618	the name and address of the seller, the purchaser, and the
1619	alleged owner or other person from whom such motor vehicle was
1620	purchased or received or to whom it was sold or delivered, as
1621	the case may be. Such description shall include the
1622	identification or engine number, maker's number, if any, chassis
1623	number, if any, and such other numbers or identification marks
1624	as may be thereon and shall also include a statement that a
1625	number has been obliterated, defaced, or changed, if such is the
1626	fact.
1627	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1628	(b)  The department may deny, suspend, or revoke any
1629	license issued hereunder or under the provisions of s. 320.77 or
1630	s. 320.771 upon proof that a licensee has committed, with
1631	sufficient frequency so as to establish a pattern of wrongdoing
1632	on the part of a licensee, violations of one or more of the
1633	following activities:
1634	1.  Representation that a demonstrator is a new motor
1635	vehicle, or the attempt to sell or the sale of a demonstrator as
1636	a new motor vehicle without written notice to the purchaser that
1637	the vehicle is a demonstrator. For the purposes of this section,
1638	a "demonstrator," a "new motor vehicle," and a "used motor
1639	vehicle" shall be defined as under s. 320.60.
1640	2.  Unjustifiable refusal to comply with a licensee's
1641	responsibility under the terms of the new motor vehicle warranty
1642	issued by its respective manufacturer, distributor, or importer.
1643	However, if such refusal is at the direction of the
1644	manufacturer, distributor, or importer, such refusal shall not
1645	be a ground under this section.
1646	3.  Misrepresentation or false, deceptive, or misleading
1647	statements with regard to the sale or financing of motor
1648	vehicles which any motor vehicle dealer has, or causes to have,
1649	advertised, printed, displayed, published, distributed,
1650	broadcast, televised, or made in any manner with regard to the
1651	sale or financing of motor vehicles.
1652	4.  Failure by any motor vehicle dealer to provide a
1653	customer or purchaser with an odometer disclosure statement and
1654	a copy of any bona fide written, executed sales contract or
1655	agreement of purchase connected with the purchase of the motor
1656	vehicle purchased by the customer or purchaser.
1657	5.  Failure of any motor vehicle dealer to comply with the
1658	terms of any bona fide written, executed agreement, pursuant to
1659	the sale of a motor vehicle.
1660	6.  Failure to apply for transfer of a title as prescribed
1661	in s. 319.23(6).
1662	7.  Use of the dealer license identification number by any
1663	person other than the licensed dealer or his or her designee.
1664	8.  Failure to continually meet the requirements of the
1665	licensure law.
1666	9.  Representation to a customer or any advertisement to
1667	the public representing or suggesting that a motor vehicle is a
1668	new motor vehicle if such vehicle lawfully cannot be titled in
1669	the name of the customer or other member of the public by the
1670	seller using a manufacturer's statement of origin as permitted
1671	in s. 319.23(1).
1672	10.  Requirement by any motor vehicle dealer that a
1673	customer or purchaser accept equipment on his or her motor
1674	vehicle which was not ordered by the customer or purchaser.
1675	11.  Requirement by any motor vehicle dealer that any
1676	customer or purchaser finance a motor vehicle with a specific
1677	financial institution or company.
1678	12.  Requirement by any motor vehicle dealer that the
1679	purchaser of a motor vehicle contract with the dealer for
1680	physical damage insurance.
1681	13.  Perpetration of a fraud upon any person as a result of
1682	dealing in motor vehicles, including, without limitation, the
1683	misrepresentation to any person by the licensee of the
1684	licensee's relationship to any manufacturer, importer, or
1685	distributor.
1686	14.  Violation of any of the provisions of s. 319.35 by any
1687	motor vehicle dealer.
1688	15.  Sale by a motor vehicle dealer of a vehicle offered in
1689	trade by a customer prior to consummation of the sale, exchange,
1690	or transfer of a newly acquired vehicle to the customer, unless
1691	the customer provides written authorization for the sale of the
1692	trade-in vehicle prior to delivery of the newly acquired
1693	vehicle.
1694	16.  Willful failure to comply with any administrative rule
1695	adopted by the department or the provisions of s. 320.131(8).
1696	17.  Violation of chapter 319, this chapter, or ss.
1697	559.901-559.9221, which has to do with dealing in or repairing
1698	motor vehicles or mobile homes. Additionally, in the case of
1699	used motor vehicles, the willful violation of the federal law
1700	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1701	the consumer sales window form.
1702	Section 51.  Subsections (1) and (9) of section 320.8249,
1703	Florida Statutes, are amended, and subsection (10) of said
1704	section is reenacted, to read:
1705	320.8249  Mobile home installers license.--
1706	(1)  Any person who installs a engages in mobile home
1707	installation shall obtain a mobile home installers license from
1708	the Bureau of Mobile Home and Recreational Vehicle Construction
1709	of the Department of Highway Safety and Motor Vehicles pursuant
1710	to this section. Said license shall be renewed annually, and
1711	each licensee shall pay a fee of $150.
1712	(9)  A No licensed person or nor licensed applicant may not
1713	shall:
1714	(a)  Obtain a mobile home installers license by fraud or
1715	misrepresentation.
1716	(b)  Be convicted or found guilty of, or enter a plea of
1717	nolo contendere to, regardless of adjudication, a crime in any
1718	jurisdiction which directly relates to the practice of mobile
1719	home installation or the ability to practice.
1720	(c)  Violate any lawful order of the department or any
1721	other law of this state, including any provision of chapter 319
1722	or this chapter.
1723	(d)  Commit fraud or deceit in the practice of contracting.
1724	(e)  Commit incompetence or misconduct in the practice of
1725	contracting.
1726	(f)  Commit gross negligence, repeated negligence, or
1727	negligence resulting in a significant danger to life or
1728	property.
1729	(g)  Commit violations of the installation standards for
1730	mobile homes or manufactured homes contained in rules 15C-1 and
1731	15C-2 15C-1.0102 to 15C-1.0104, Florida Administrative Code.
1732	(10)  Any licensed person or license applicant who violates
1733	any provision of subsection (9) may have any of the following
1734	disciplinary penalties imposed by the department:
1735	(a)  License revocation;
1736	(b)  License suspension;
1737	(c)  A fine not to exceed $1,000 per violation;
1738	(d)  A requirement to take and pass, or retake and pass,
1739	the department-approved examination;
1740	(e)  Probation;
1741	(f)  Probation subject to such restriction of practice as
1742	the department chooses to impose;
1743	(g)  A notice of noncompliance; or
1744	(h)  Refusal of licensure application.
1745	Section 52.  Subsections (25) and (26) of section 322.01,
1746	Florida Statutes, are amended to read:
1747	322.01  Definitions.--As used in this chapter:
1748	(25)  "Motorcycle" means a motor vehicle powered by a motor
1749	with a displacement of more than 50 cubic centimeters, having a
1750	seat or saddle for the use of the rider, and designed to travel
1751	on not more than three wheels in contact with the ground, but
1752	excluding a tractor, a or moped, or a motorized scooter as
1753	defined in s. 316.003.
1754	(26)  "Motor vehicle" means any self-propelled vehicle,
1755	including a motor vehicle combination, not operated upon rails
1756	or guideway, excluding vehicles moved solely by human power,
1757	motorized wheelchairs, motorized scooters as defined in s.
1758	316.003, and motorized bicycles as defined in s. 316.003.
1759	Section 53.  Section 322.025, Florida Statutes, is amended
1760	to read:
1761	322.025  Driver improvement.--
1762	(1)  The department may implement programs to improve the
1763	driving ability of the drivers of this state. Such programs may
1764	include, but are shall not be limited to, safety awareness
1765	campaigns, driver training, and licensing improvement.
1766	Motorcycle driver improvement programs implemented under
1767	pursuant to this section or s. 322.0255 shall be funded by the
1768	motorcycle safety education fee collected under pursuant to to
1769	s. 320.08(1)(c), which shall be deposited in the Highway Safety
1770	Operating Trust Fund of the department and appropriated for that
1771	purpose.
1772	(2)  The department may offer once during a driver's
1773	lifetime to each driver who receives a points-warning letter
1774	under s. 322.27(3)(f) or a restriction letter under s. 322.161
1775	the opportunity to attend, within 60 days after the date of such
1776	letter, a basic driver improvement course approved by the
1777	department. If the driver completes an approved course and
1778	presents proof of completion to the department, the department
1779	shall deduct 3 points from the citation that caused the action
1780	from the driver's record and permanently record on the driver's
1781	record that the one-time offer has been accepted and used. This
1782	election is not available to any driver who has attended a basic
1783	driver improvement course within the previous 12 months.
1784	Section 54.  Subsections (4) and (10) of section 322.05,
1785	Florida Statutes, are amended to read:
1786	322.05  Persons not to be licensed.--The department may not
1787	issue a license:
1788	(4)  Except as provided by this subsection, to any person,
1789	as a Class A licensee, Class B licensee, or Class C licensee, or
1790	Class D licensee, who is under the age of 18 years. A person age
1791	16 or 17 years who applies for a Class D driver's license is
1792	subject to all the requirements and provisions of paragraphs
1793	(2)(a) and (b) and ss. 322.09 and 322.16(2) and (3). The
1794	department may require of any such applicant for a Class D
1795	driver's license such examination of the qualifications of the
1796	applicant as the department considers proper, and the department
1797	may limit the use of any license granted as it considers proper.
1798	(10)  To any person, when the department has good cause to
1799	believe that the operation of a motor vehicle on the highways by
1800	such person would be detrimental to public safety or welfare.
1801	Deafness alone shall not prevent the person afflicted from being
1802	issued a Class D or Class E driver's license.
1803	Section 55.  Subsections (1) and (2) of section 322.051,
1804	Florida Statutes, are amended, and subsection (8) is added to
1805	said section, to read:
1806	322.051  Identification cards.--
1807	(1)  Any person who is 12 years of age or older, or any
1808	person who has a disability, regardless of age, who applies for
1809	a disabled parking permit under s. 320.0848, may be issued an
1810	identification card by the department upon completion of an
1811	application and payment of an application fee.
1812	(a)  Each such application shall include the following
1813	information regarding the applicant:
1814	1.  Full name (first, middle or maiden, and last), gender,
1815	social security card number, county of residence and mailing
1816	address, country of birth, and a brief description.
1817	2.  Proof of birth date satisfactory to the department.
1818	3.  Proof of identity satisfactory to the department. Such
1819	proof must include one of the following documents issued to the
1820	applicant:
1821	a.  A driver's license record or identification card record
1822	from another jurisdiction that required the applicant to submit
1823	a document for identification which is substantially similar to
1824	a document required under sub-subparagraph b., sub-subparagraph
1825	c., sub-subparagraph d., sub-subparagraph e., or sub-
1826	subparagraph f., or sub-subparagraph g.;
1827	b.  A certified copy of a United States birth certificate;
1828	c.  A valid United States passport;
1829	d.  A naturalization certificate issued by the United
1830	States Department of Justice;
1831	e.d.  An alien registration receipt card (green card);
1832	f.e.  An employment authorization card issued by the United
1833	States Department of Justice; or
1834	g.f.  Proof of nonimmigrant classification provided by the
1835	United States Department of Justice, for an original
1836	identification card. In order to prove such nonimmigrant
1837	classification, applicants may produce but are not limited to
1838	the following documents:
1839	(I)  A notice of hearing from an immigration court
1840	scheduling a hearing on any proceeding.
1841	(II)  A notice from the Board of Immigration Appeals
1842	acknowledging pendency of an appeal.
1843	(III)  Notice of the approval of an application for
1844	adjustment of status issued by the United States Immigration and
1845	Naturalization Service.
1846	(IV)  Any official documentation confirming the filing of a
1847	petition for asylum status or any other relief issued by the
1848	United States Immigration and Naturalization Service.
1849	(V)  Notice of action transferring any pending matter from
1850	another jurisdiction to Florida, issued by the United States
1851	Immigration and Naturalization Service.
1852	(VI)  Order of an immigration judge or immigration officer
1853	granting any relief that authorizes the alien to live and work
1854	in the United States including, but not limited to asylum.
1855
1856	Presentation of any of the foregoing documents described in sub-
1857	subparagraph f. or sub-subparagraph g. entitles shall entitle
1858	the applicant to an identification card a driver's license or
1859	temporary permit for a period not to exceed the expiration date
1860	of the document presented or 2 years, whichever first occurs.
1861	(b)  An application for an identification card must be
1862	signed and verified by the applicant in a format designated by
1863	the department before a person authorized to administer oaths.
1864	The fee for an identification card is $3, including payment for
1865	the color photograph or digital image of the applicant.
1866	(c)  Each such applicant may include fingerprints and any
1867	other unique biometric means of identity.
1868	(2)(a)  Every identification card shall expire, unless
1869	canceled earlier, on the fourth birthday of the applicant
1870	following the date of original issue. However, if an individual
1871	is 60 years of age or older, and has an identification card
1872	issued under this section, the card shall not expire unless done
1873	so by cancellation by the department or by the death of the
1874	cardholder. Renewal of any identification card shall be made for
1875	a term which shall expire on the fourth birthday of the
1876	applicant following expiration of the identification card
1877	renewed, unless surrendered earlier. Any application for renewal
1878	received later than 90 days after expiration of the
1879	identification card shall be considered the same as an
1880	application for an original identification card. The renewal fee
1881	for an identification card shall be $10, of which $4 shall be
1882	deposited into the General Revenue Fund and $6 into the Highway
1883	Safety Operating Trust Fund. The department shall, at the end of
1884	4 years and 6 months after the issuance or renewal of an
1885	identification card, destroy any record of the card if it has
1886	expired and has not been renewed, unless the cardholder is 60
1887	years of age or older.
1888	(b)  Notwithstanding any other provision of this chapter,
1889	if an applicant establishes his or her identity for an
1890	identification card using a document authorized under sub-
1891	subparagraph (1)(a)3.e. (a)3.d., the identification card shall
1892	expire on the fourth birthday of the applicant following the
1893	date of original issue or upon first renewal or duplicate issued
1894	after implementation of this section. After an initial showing
1895	of such documentation, he or she is exempted from having to
1896	renew or obtain a duplicate in person.
1897	(c)  Notwithstanding any other provisions of this chapter,
1898	if an applicant establishes his or her identity for an
1899	identification card using an identification document authorized
1900	under sub-subparagraph (1)(a)3.f. or sub-subparagraph (1)(a)3.g.
1901	sub-subparagraphs (a)3.e.-f., the identification card shall
1902	expire 2 years after the date of issuance or upon the expiration
1903	date cited on the United States Department of Justice documents,
1904	whichever date first occurs, and may not be renewed or obtain a
1905	duplicate except in person.
1906	(8)  The department shall, on receipt of the required fee,
1907	issue to each qualified applicant for an identification card a
1908	color photographic or digital image identification card bearing
1909	a fullface photograph or digital image of the identification
1910	card holder. Notwithstanding the provisions of chapter 761, the
1911	requirement for a fullface photograph or digital image of the
1912	identification card holder shall not be waived. A space shall be
1913	provided upon which the identification card holder shall affix
1914	his or her usual signature, as required in s. 322.14, in the
1915	presence of an authorized agent of the department so as to
1916	ensure that such signature becomes a part of the identification
1917	card.
1918	Section 56.  Subsections (2) and (3) of section 322.07,
1919	Florida Statutes, are amended to read:
1920	322.07  Instruction permits and temporary licenses.--
1921	(2)  The department may, in its discretion, issue a
1922	temporary permit to an applicant for a Class D or Class E
1923	driver's license permitting him or her to operate a motor
1924	vehicle of the type for which a Class D or Class E driver's
1925	license is required while the department is completing its
1926	investigation and determination of all facts relative to such
1927	applicant's right to receive a driver's license. Such permit
1928	must be in his or her immediate possession while operating a
1929	motor vehicle, and it shall be invalid when the applicant's
1930	license has been issued or for good cause has been refused.
1931	(3)  Any person who, except for his or her lack of
1932	instruction in operating a Class D or commercial motor vehicle,
1933	would otherwise be qualified to obtain a Class D or commercial
1934	driver's license under this chapter, may apply for a temporary
1935	Class D or temporary commercial instruction permit. The
1936	department shall issue such a permit entitling the applicant,
1937	while having the permit in his or her immediate possession, to
1938	drive a Class D or commercial motor vehicle on the highways,
1939	provided that:
1940	(a)  The applicant possesses a valid driver's license
1941	issued in any state; and
1942	(b)  The applicant, while operating a Class D or commercial
1943	motor vehicle, is accompanied by a licensed driver who is 21
1944	years of age or older, who is licensed to operate the class of
1945	vehicle being operated, and who is actually occupying the
1946	closest seat to the right of the driver.
1947	Section 57.  Subsection (2) of section 322.08, Florida
1948	Statutes, is amended to read:
1949	322.08  Application for license.--
1950	(2)  Each such application shall include the following
1951	information regarding the applicant:
1952	(a)  Full name (first, middle or maiden, and last), gender,
1953	social security card number, county of residence and mailing
1954	address, country of birth, and a brief description.
1955	(b)  Proof of birth date satisfactory to the department.
1956	(c)  Proof of identity satisfactory to the department. Such
1957	proof must include one of the following documents issued to the
1958	applicant:
1959	1.  A driver's license record or identification card record
1960	from another jurisdiction that required the applicant to submit
1961	a document for identification which is substantially similar to
1962	a document required under subparagraph 2., subparagraph 3.,
1963	subparagraph 4., subparagraph 5., or subparagraph 6., or
1964	subparagraph 7.;
1965	2.  A certified copy of a United States birth certificate;
1966	3.  A valid United States passport;
1967	4.  A naturalization certificate issued by the United
1968	States Department of Justice;
1969	5.4.  An alien registration receipt card (green card);
1970	6.5.  An employment authorization card issued by the United
1971	States Department of Justice; or
1972	7.6.  Proof of nonimmigrant classification provided by the
1973	United States Department of Justice for an original driver's
1974	license. In order to prove nonimmigrant classification, an
1975	applicant may produce documents including, but not limited to,
1976	the following:
1977	a.  A notice of hearing from an immigration court
1978	scheduling a hearing on any proceeding.
1979	b.  A notice from the Board of Immigration Appeals
1980	acknowledging pendency of an appeal.
1981	c.  A notice of the approval of an application for
1982	adjustment of status issued by the United States Immigration and
1983	Naturalization Service.
1984	d.  Any official documentation confirming the filing of a
1985	petition for asylum status or any other relief issued by the
1986	United States Immigration and Naturalization Service.
1987	e.  A notice of action transferring any pending matter from
1988	another jurisdiction to this state issued by the United States
1989	Immigration and Naturalization Service.
1990	f.  An order of an immigration judge or immigration officer
1991	granting any relief that authorizes the alien to live and work
1992	in the United States, including, but not limited to, asylum.
1993
1994	Presentation of any of the documents in subparagraph 6. or
1995	subparagraph 7. entitles the applicant to a driver's license or
1996	temporary permit for a period not to exceed the expiration date
1997	of the document presented or 2 years, whichever occurs first.
1998	(d)  Whether the applicant has previously been licensed to
1999	drive, and, if so, when and by what state, and whether any such
2000	license or driving privilege has ever been disqualified,
2001	revoked, or suspended, or whether an application has ever been
2002	refused, and, if so, the date of and reason for such
2003	disqualification, suspension, revocation, or refusal.
2004	(e)  Each such application may include fingerprints and
2005	other unique biometric means of identity.
2006	Section 58.  Paragraph (a) of subsection (1) of section
2007	322.09, Florida Statutes, is amended to read:
2008	322.09  Application of minors; responsibility for
2009	negligence or misconduct of minor.--
2010	(1)(a)  The application of any person under the age of 18
2011	years for a driver's license must be signed and verified before
2012	a person authorized to administer oaths by the father, mother,
2013	or guardian, by a secondary guardian if the primary guardian
2014	dies before the minor reaches 18 years of age, or, if there is
2015	no parent or guardian, by another responsible adult who is
2016	willing to assume the obligation imposed under this chapter upon
2017	a person signing the application of a minor. This section does
2018	not apply to a person under the age of 18 years who is
2019	emancipated by marriage.
2020	Section 59.  Section 322.11, Florida Statutes, is amended
2021	to read:
2022	322.11  Revocation of license upon death of person signing
2023	minor's application.--The department, upon receipt of
2024	satisfactory evidence of the death of the person who signed the
2025	application of a minor for a license, shall, 90 days after
2026	giving written notice to the minor, cancel such license and
2027	shall not issue a new license until such time as the new
2028	application, duly signed and verified, is made as required by
2029	this chapter. This provision shall not apply if in the event the
2030	minor has attained the age of 18 years.
2031	Section 60.  Subsections (1) and (3) and paragraph (b) of
2032	subsection (4) of section 322.12, Florida Statutes, are amended
2033	to read:
2034	322.12  Examination of applicants.--
2035	(1)  It is the intent of the Legislature that every
2036	applicant for an original driver's license in this state be
2037	required to pass an examination pursuant to this section.
2038	However, the department may waive the knowledge, endorsement,
2039	and skills tests for an applicant who is otherwise qualified and
2040	who surrenders a valid driver's license from another state or a
2041	province of Canada, or a valid driver's license issued by the
2042	United States Armed Forces, if the driver applies for a Florida
2043	license of an equal or lesser classification. Any applicant who
2044	fails to pass the initial knowledge test will incur a $5 fee for
2045	each subsequent test, to be deposited into the Highway Safety
2046	Operating Trust Fund. Any applicant who fails to pass the
2047	initial skills test will incur a $10 fee for each subsequent
2048	test, to be deposited into the Highway Safety Operating Trust
2049	Fund. A person who seeks to retain a hazardous-materials
2050	endorsement, pursuant to s. 322.57(1)(e) 322.57(1)(d), must pass
2051	the hazardous-materials test, upon surrendering his or her
2052	commercial driver's license, if the person has not taken and
2053	passed the hazardous-materials test within 2 years preceding his
2054	or her application for a commercial driver's license in this
2055	state.
2056	(3)  For an applicant for a Class D or a Class E driver's
2057	license, such examination shall include a test of the
2058	applicant's eyesight given by the driver's license examiner
2059	designated by the department or by a licensed ophthalmologist,
2060	optometrist, or physician and a test of the applicant's hearing
2061	given by a driver's license examiner or a licensed physician.
2062	The examination shall also include a test of the applicant's
2063	ability to read and understand highway signs regulating,
2064	warning, and directing traffic; his or her knowledge of the
2065	traffic laws of this state, including laws regulating driving
2066	under the influence of alcohol or controlled substances, driving
2067	with an unlawful blood-alcohol level, and driving while
2068	intoxicated; and his or her knowledge of the effects of alcohol
2069	and controlled substances upon persons and the dangers of
2070	driving a motor vehicle while under the influence of alcohol or
2071	controlled substances and shall include an actual demonstration
2072	of ability to exercise ordinary and reasonable control in the
2073	operation of a motor vehicle.
2074	(4)  The examination for an applicant for a commercial
2075	driver's license shall include a test of the applicant's
2076	eyesight given by a driver's license examiner designated by the
2077	department or by a licensed ophthalmologist, optometrist, or
2078	physician and a test of the applicant's hearing given by a
2079	driver's license examiner or a licensed physician. The
2080	examination shall also include a test of the applicant's ability
2081	to read and understand highway signs regulating, warning, and
2082	directing traffic; his or her knowledge of the traffic laws of
2083	this state pertaining to the class of motor vehicle which he or
2084	she is applying to be licensed to operate, including laws
2085	regulating driving under the influence of alcohol or controlled
2086	substances, driving with an unlawful blood-alcohol level, and
2087	driving while intoxicated; his or her knowledge of the effects
2088	of alcohol and controlled substances and the dangers of driving
2089	a motor vehicle after having consumed alcohol or controlled
2090	substances; and his or her knowledge of any special skills,
2091	requirements, or precautions necessary for the safe operation of
2092	the class of vehicle which he or she is applying to be licensed
2093	to operate. In addition, the examination shall include an actual
2094	demonstration of the applicant's ability to exercise ordinary
2095	and reasonable control in the safe operation of a motor vehicle
2096	or combination of vehicles of the type covered by the license
2097	classification which the applicant is seeking, including an
2098	examination of the applicant's ability to perform an inspection
2099	of his or her vehicle.
2100	(b)  A person who seeks to retain a hazardous-materials
2101	endorsement must, upon renewal, pass the test for such
2102	endorsement as specified in s. 322.57(1)(e) 322.57(1)(d), if the
2103	person has not taken and passed the hazardous-materials test
2104	within 2 years preceding his or her application for a commercial
2105	driver's license in this state.
2106	Section 61.  Subsection (8) of section 322.121, Florida
2107	Statutes, is amended to read:
2108	322.121  Periodic reexamination of all drivers.--
2109	(8)  In addition to any other examination authorized by
2110	this section, an applicant for a renewal of an endorsement
2111	issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) may
2112	be required to complete successfully an examination of his or
2113	her knowledge regarding state and federal rules, regulations,
2114	and laws, governing the type of vehicle which he or she is
2115	seeking an endorsement to operate.
2116	Section 62.  Subsections (1) and (4) of section 322.135,
2117	Florida Statutes, are amended, and subsection (9) is added to
2118	said section, to read:
2119	322.135  Driver's license agents.--
2120	(1)  The department may, upon application, authorize any or
2121	all of the tax collectors in the several counties of the state,
2122	subject to the requirements of law, in accordance with rules of
2123	the department, to serve as its agent for the provision of
2124	specified driver's license services.
2125	(a)  These services shall be limited to the issuance of
2126	driver's licenses and identification cards as authorized by this
2127	chapter.
2128	(b)  Each tax collector who is authorized by the department
2129	to provide driver's license services shall bear all costs
2130	associated with providing those services.
2131	(c)  A fee of $5.25 is to be charged, in addition to the
2132	fees set forth in this chapter, for any driver's license issued
2133	or renewed by a tax collector. One dollar of the $5.25 fee must
2134	be deposited into the Highway Safety Operating Trust Fund.
2135	(4)  A tax collector may not issue or renew a driver's
2136	license if he or she has any reason to believe that the licensee
2137	or prospective licensee is physically or mentally unqualified to
2138	operate a motor vehicle. The tax collector may shall direct any
2139	such licensee to the department for examination or reexamination
2140	under s. 322.221.
2141	(9)  Notwithstanding chapter 116, each county officer
2142	within this state who is authorized to collect funds provided
2143	for in this chapter shall pay all sums officially received by
2144	the officer into the State Treasury no later than 5 working days
2145	after the close of the business day on which the officer
2146	received the funds. Payment by county officers to the state
2147	shall be made by means of electronic funds transfer.
2148	Section 63.  Subsection (1) of section 322.142, Florida
2149	Statutes, is amended to read:
2150	322.142  Color photographic or digital imaged licenses.--
2151	(1)  The department shall, upon receipt of the required
2152	fee, issue to each qualified applicant for a an original
2153	driver's license a color photographic or digital imaged driver's
2154	license bearing a fullface photograph or digital image of the
2155	licensee. Notwithstanding chapter 761, the requirement for a
2156	fullface photograph or digital image of the licensee may not be
2157	waived. A space shall be provided upon which the licensee shall
2158	affix his or her usual signature, as required in s. 322.14, in
2159	the presence of an authorized agent of the department so as to
2160	ensure that such signature becomes a part of the license.
2161	Section 64.  Subsections (3) and (4) of section 322.161,
2162	Florida Statutes, are renumbered as subsections (2) and (3),
2163	respectively, and paragraph (a) of subsection (1) and present
2164	subsection (2) of said section are amended to read:
2165	322.161  High-risk drivers; restricted licenses.--
2166	(1)(a)  Notwithstanding any provision of law to the
2167	contrary, the department shall restrict the driving privilege of
2168	any Class D or Class E licensee who is age 15 through 17 and who
2169	has accumulated six or more points pursuant to s. 318.14,
2170	excluding parking violations, within a 12-month period.
2171	(2)(a)  Any Class E licensee who is age 15 through 17 and
2172	who has accumulated six or more points pursuant to s. 318.14,
2173	excluding parking violations, within a 12-month period shall not
2174	be eligible to obtain a Class D license for a period of no less
2175	than 1 year. The period of ineligibility shall begin on the date
2176	of conviction for the violation that results in the licensee's
2177	accumulation of six or more points.
2178	(b)  The period of ineligibility shall automatically expire
2179	after 1 year if the licensee does not accumulate any additional
2180	points. If the licensee accumulates any additional points, then
2181	the period of ineligibility shall be extended 90 days for each
2182	point. The period of ineligibility shall also automatically
2183	expire upon the licensee's 18th birthday if no other grounds for
2184	ineligibility exist.
2185	Section 65.  Subsection (3) of section 322.17, Florida
2186	Statutes, is amended to read:
2187	322.17  Duplicate and replacement certificates.--
2188	(3)  Notwithstanding any other provisions of this chapter,
2189	if a licensee establishes his or her identity for a driver's
2190	license using an identification document authorized under s.
2191	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
2192	obtain a duplicate or replacement instruction permit or driver's
2193	license except in person and upon submission of an
2194	identification document authorized under s. 322.08(2)(c)6. or 7
2195	s. 322.08(2)(c)5.-6.
2196	Section 66.  Subsections (2) and (4) of section 322.18,
2197	Florida Statutes, are amended to read:
2198	322.18  Original applications, licenses, and renewals;
2199	expiration of licenses; delinquent licenses.--
2200	(2)  Each applicant who is entitled to the issuance of a
2201	driver's license, as provided in this section, shall be issued a
2202	driver's license, as follows:
2203	(a)  An applicant applying for an original issuance shall
2204	be issued a driver's license which expires at midnight on the
2205	licensee's birthday which next occurs on or after the sixth
2206	anniversary of the date of issue.
2207	(b)  An applicant applying for a renewal issuance or
2208	renewal extension shall be issued a driver's license or renewal
2209	extension sticker which expires at midnight on the licensee's
2210	birthday which next occurs 4 years after the month of expiration
2211	of the license being renewed, except that a driver whose driving
2212	record reflects no convictions for the preceding 3 years shall
2213	be issued a driver's license or renewal extension sticker which
2214	expires at midnight on the licensee's birthday which next occurs
2215	6 years after the month of expiration of the license being
2216	renewed.
2217	(c)  Notwithstanding any other provision of this chapter,
2218	if an applicant establishes his or her identity for a driver's
2219	license using a document authorized under s. 322.08(2)(c)5. s.
2220	322.08(2)(c)4., the driver's license shall expire in accordance
2221	with paragraph (b). After an initial showing of such
2222	documentation, he or she is exempted from having to renew or
2223	obtain a duplicate in person.
2224	(d)  Notwithstanding any other provision of this chapter,
2225	if applicant establishes his or her identity for a driver's
2226	license using a document authorized in s. 322.08(2)(c)6. or 7.
2227	s. 322.08(2)(c)5. or 6., the driver's license shall expire 2 4
2228	years after the date of issuance or upon the expiration date
2229	cited on the United States Department of Justice documents,
2230	whichever date first occurs.
2231	(e)  Notwithstanding any other provision of this chapter,
2232	an applicant applying for an original or renewal issuance of a
2233	commercial driver's license as defined in s. 322.01(7), with a
2234	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
2235	shall be issued a driver's license that expires at midnight on
2236	the licensee's birthday that next occurs 4 years after the month
2237	of expiration of the license being issued or renewed.
2238	(4)(a)  Except as otherwise provided in this chapter, all
2239	licenses shall be renewable every 4 years or 6 years, depending
2240	upon the terms of issuance and shall be issued or extended upon
2241	application, payment of the fees required by s. 322.21, and
2242	successful passage of any required examination, unless the
2243	department has reason to believe that the licensee is no longer
2244	qualified to receive a license.
2245	(b)  Notwithstanding any other provision of this chapter,
2246	if an applicant establishes his or her identity for a driver's
2247	license using a document authorized under s. 322.08(2)(c)5. s.
2248	322.08(2)(c)4., the license, upon an initial showing of such
2249	documentation, is exempted from having to renew or obtain a
2250	duplicate in person, unless the renewal or duplication coincides
2251	with the periodic reexamination of a driver as required pursuant
2252	to s. 322.121.
2253	(c)  Notwithstanding any other provision of this chapter,
2254	if a licensee establishes his or her identity for a driver's
2255	license using an identification document authorized under s.
2256	322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the licensee may
2257	not renew the driver's license except in person and upon
2258	submission of an identification document authorized under s.
2259	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's license
2260	renewed under this paragraph expires 4 years after the date of
2261	issuance or upon the expiration date cited on the United States
2262	Department of Justice documents, whichever date first occurs.
2263	Section 67.  Subsection (4) of section 322.19, Florida
2264	Statutes, is amended to read:
2265	322.19  Change of address or name.--
2266	(4)  Notwithstanding any other provision of this chapter,
2267	if a licensee established his or her identity for a driver's
2268	license using an identification document authorized under s.
2269	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
2270	change his or her name or address except in person and upon
2271	submission of an identification document authorized under s.
2272	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.
2273	Section 68.  Subsection (11) of section 322.20, Florida
2274	Statutes, is amended to read:
2275	322.20  Records of the department; fees; destruction of
2276	records.--
2277	(11)(a)  The department is authorized to charge the
2278	following fees for the following services and documents:
2279	1.  For providing a transcript of any one individual's
2280	driver history record or any portion thereof for the past 3
2281	years or for searching for the such record when no record is
2282	found to be on file....$2.10
2283	2.  For providing a transcript of any one individual's
2284	driver history record or any portion thereof for the past 7
2285	years or for searching for the such record when no record is
2286	found to be on file....$3.10
2287	3.  For providing a certified copy of a transcript of the
2288	driver history record or any portion thereof for any one
2289	individual....$3.10
2290	4.  For providing a certified photographic copy of a
2291	document, per page....$1.00
2292	5.  For providing an exemplified record....$15.00
2293	6.  For providing photocopies of documents, papers,
2294	letters, clearances, or license or insurance status reports, per
2295	page....$0.50
2296	7.  For assisting persons in searching any one individual's
2297	driver record at a terminal located at the department's general
2298	headquarters in Tallahassee....$2.00
2299	8.  For providing electronic access to driver's license
2300	status by name, gender, and date of birth, or by driver license
2301	number, per item, except that information provided via the
2302	department's Internet website shall be free of charge....$0.50
2303	(b)  The department shall furnish the such information
2304	without charge to any local, state, or federal law enforcement
2305	agency or court upon proof satisfactory to the department as to
2306	the purpose of the investigation.
2307	Section 69.  Subsection (1) of section 322.21, Florida
2308	Statutes, is amended to read:
2309	322.21  License fees; procedure for handling and collecting
2310	fees.--
2311	(1)  Except as otherwise provided herein, the fee for:
2312	(a)  An original or renewal commercial driver's license is
2313	$50, which shall include the fee for driver education provided
2314	by s. 1003.48; however, if an applicant has completed training
2315	and is applying for employment or is currently employed in a
2316	public or nonpublic school system that requires the commercial
2317	license, the fee shall be the same as for a Class E driver's
2318	license. A delinquent fee of $1 shall be added for a renewal
2319	made not more than 12 months after the license expiration date.
2320	(b)  An original Class D or Class E driver's license is
2321	$20, which shall include the fee for driver's education provided
2322	by s. 1003.48; however, if an applicant has completed training
2323	and is applying for employment or is currently employed in a
2324	public or nonpublic school system that requires a commercial
2325	driver license, the fee shall be the same as for a Class E
2326	license.
2327	(c)  The renewal or extension of a Class D or Class E
2328	driver's license or of a license restricted to motorcycle use
2329	only is $15, except that a delinquent fee of $1 shall be added
2330	for a renewal or extension made not more than 12 months after
2331	the license expiration date. The fee provided in this paragraph
2332	shall include the fee for driver's education provided by s.
2333	1003.48.
2334	(d)  An original driver's license restricted to motorcycle
2335	use only is $20, which shall include the fee for driver's
2336	education provided by s. 1003.48.
2337	(e)  Each endorsement required by s. 322.57 is $5.
2338	(f)  A hazardous-materials endorsement, as required by s.
2339	322.57(1)(e), shall be set by the department by rule and shall
2340	reflect the cost of the required criminal history check,
2341	including the cost of the state and federal fingerprint check,
2342	and the cost to the department of providing and issuing the
2343	license. The fee shall not exceed $100. This fee shall be
2344	deposited in the Highway Safety Operating Trust Fund.
2345	Section 70.  Section 322.22, Florida Statutes, is amended
2346	to read:
2347	322.22  Authority of department to cancel license,
2348	identification card, vehicle or vessel registration, fuel-use
2349	tax decal.--
2350	(1)  The department is authorized to cancel any driver's
2351	license, upon determining that the licensee was not entitled to
2352	the issuance thereof, or that the licensee failed to give the
2353	required or correct information in his or her application or
2354	committed any fraud in making such application, or that the
2355	licensee has two or more licenses on file with the department,
2356	each in a different name but bearing the photograph of the
2357	licensee, unless the licensee has complied with the requirements
2358	of this chapter in obtaining the licenses. The department may
2359	cancel any driver's license, identification card, vehicle or
2360	vessel registration, or fuel-use tax decal if the licensee fails
2361	to pay the correct fee or uses a dishonored check to pay pays
2362	for the driver's license, identification card, vehicle or vessel
2363	registration, or fuel-use tax decal; to pay any tax liability,
2364	penalty, or interest specified in chapter 207; or to pay pays
2365	any administrative, delinquency, or reinstatement fee by a
2366	dishonored check.
2367	(2)  Upon such cancellation, the licensee must surrender to
2368	the department the license, identification card, vehicle or
2369	vessel registration, or fuel-use tax decal so canceled.
2370	Section 71.  Subsections (4) and (5) of section 322.251,
2371	Florida Statutes, are amended to read:
2372	322.251  Notice of cancellation, suspension, revocation, or
2373	disqualification of license.--
2374	(4)  A person whose privilege to operate a commercial motor
2375	vehicle is temporarily disqualified may, upon surrendering his
2376	or her commercial driver's license, be issued a Class D or Class
2377	E driver's license, valid for the length of his or her unexpired
2378	commercial driver's license, at no cost. Such person may, upon
2379	the completion of his or her disqualification, be issued a
2380	commercial driver's license, of the type disqualified, for the
2381	remainder of his or her unexpired license period. Any such
2382	person shall pay the reinstatement fee provided in s. 322.21
2383	before being issued a commercial driver's license.
2384	(5)  A person whose privilege to operate a commercial motor
2385	vehicle is permanently disqualified may, upon surrendering his
2386	or her commercial driver's license, be issued a Class D or Class
2387	E driver's license, if he or she is otherwise qualified to
2388	receive such license. Any such person shall be issued a Class D
2389	or Class E license, valid for the remainder of his or her
2390	unexpired license period, at no cost.
2391	Section 72.  Paragraph (c) of subsection (2) of section
2392	322.292, Florida Statutes, is amended to read:
2393	322.292  DUI programs supervision; powers and duties of the
2394	department.--
2395	(2)  The department shall adopt rules to implement its
2396	supervisory authority over DUI programs in accordance with the
2397	procedures of chapter 120, including the establishment of
2398	uniform standards of operation for DUI programs and the method
2399	for setting and approving fees, as follows:
2400	(c)  Implement procedures for the granting and revoking of
2401	licenses for DUI programs, including:
2402	1.  A uniform application fee not to exceed $1,000 but in
2403	an amount sufficient to cover the department's administrative
2404	costs in processing and evaluating DUI program license
2405	applications. The application fee shall not apply to programs
2406	that apply for licensure to serve a county that does not have a
2407	currently licensed DUI program or where the currently licensed
2408	program has relinquished its license.
2409	2.  In considering an application for approval of a DUI
2410	program, the department shall determine whether improvements in
2411	service may be derived from the operation of the DUI program and
2412	the number of clients currently served in the circuit. The
2413	department shall apply the following criteria:
2414	a.  The increased frequency of classes and availability of
2415	locations of services offered by the applicant DUI program.
2416	b.  Services and fees offered by the applicant DUI program
2417	and any existing DUI program.
2418	c.  The number of DUI clients currently served and
2419	historical trends in the number of clients served in the
2420	circuit.
2421	d.  The availability, accessibility, and service history of
2422	any existing DUI program services.
2423	e.  The applicant DUI program's service history.
2424	f.  The availability of resources, including personnel,
2425	demonstrated management capability, and capital and operating
2426	expenditures of the applicant DUI program.
2427	g.  Improved services to minority and special needs
2428	clients.
2429	3.  Authority for competing applicants and currently
2430	licensed DUI programs serving the same geographic area to
2431	request an administrative hearing under chapter 120 to contest
2432	the department's determination of need for an additional
2433	licensed DUI program in that area.
2434	4.  A requirement that the department revoke the license of
2435	any DUI program that does not provide the services specified in
2436	its application within 45 days after licensure and notify the
2437	chief judge of that circuit of such revocation.
2438	5.  A requirement that all applicants for initial licensure
2439	as a DUI program in a particular circuit on and after the
2440	effective date of this act must, at a minimum, satisfy each of
2441	the following criteria:
2442	a.  Maintain a primary business office in the circuit which
2443	is located in a permanent structure that is readily accessible
2444	by public transportation, if public transportation is available.
2445	The primary business office must be adequately staffed and
2446	equipped to provide all DUI program support services, including
2447	registration and a file for each person who registers for the
2448	program.
2449	b.  Have a satellite office for registration of DUI
2450	offenders in each county in the circuit which is located in a
2451	permanent structure that is readily accessible by public
2452	transportation, if public transportation is available. A
2453	satellite office is not required in any county where the total
2454	number of DUI convictions in the most recent calendar year is
2455	less than 200. In a county where the total number of DUI
2456	convictions in the most recent calendar year is less than 200
2457	and no satellite office is located in a permanent structure in
2458	that county, another program provider otherwise meeting the
2459	eligibility requirements of this section, upon recommendation of
2460	the chief judge of the judicial circuit of that county, shall be
2461	approved by the department to serve the county, and such
2462	provider shall not be required to have a satellite office in
2463	each county in the circuit.
2464	c.  Have a classroom in each county in the circuit which is
2465	located in a permanent structure that is readily accessible by
2466	public transportation, if public transportation is available. A
2467	classroom is not required in any county where the total number
2468	of DUI convictions in the most recent calendar year is less than
2469	100. A classroom may not be located within 250 feet of any
2470	business that sells alcoholic beverages. However, a classroom
2471	shall not be required to be relocated when a business selling
2472	alcoholic beverages locates to within 250 feet of the classroom.
2473	d.  Have a plan for conducting all DUI education courses,
2474	evaluation services, and other services required by the
2475	department. The level I DUI education course must be taught in
2476	four segments, with no more than 6 hours of classroom
2477	instruction provided to any offender each day. All DUI education
2478	courses must be in a classroom with face-to-face instruction and
2479	interaction among offenders and an instructor.
2480	e.  Employ at least 1 full-time certified addiction
2481	professional for the program at all times.
2482	f.  Document support from community agencies involved in
2483	DUI education and substance abuse treatment in the circuit.
2484	g.  Have a volunteer board of directors and advisory
2485	committee made up of citizens who reside in the circuit in which
2486	licensure is sought.
2487	h.  Submit documentation of compliance with all applicable
2488	federal, state, and local laws, including, but not limited to,
2489	the Americans with Disabilities Act.
2490	Section 73.  Section 322.30, Florida Statutes, is amended
2491	to read:
2492	322.30  No operation under foreign license during
2493	suspension, revocation, or disqualification in this state.--
2494	(1)  Any resident or nonresident whose driver's license or
2495	right or privilege to operate a motor vehicle in this state has
2496	been suspended, revoked, or disqualified as provided in this
2497	chapter, shall not operate a motor vehicle in this state under a
2498	license, permit, or registration certificate issued by any other
2499	jurisdiction or otherwise during such suspension, revocation, or
2500	disqualification until a new license is obtained.
2501	(2)  Notwithstanding subsection (1), any commercial motor
2502	vehicle operator whose privilege to operate such vehicle is
2503	disqualified may operate a motor vehicle in this state as a
2504	Class D or Class E licensee, if authorized by this chapter.
2505	Section 74.  Subsections (4), (5), and (6) of section
2506	322.53, Florida Statutes, are amended to read:
2507	322.53  License required; exemptions.--
2508	(4)  A resident who is exempt from obtaining a commercial
2509	driver's license pursuant to paragraph (2)(a) or paragraph
2510	(2)(c) and who drives a commercial motor vehicle must obtain a
2511	Class D driver's license endorsed to authorize the operation of
2512	the particular type of vehicle for which his or her exemption is
2513	granted.
2514	(4)(5)  A resident who is exempt from obtaining a
2515	commercial driver's license pursuant to paragraph (2)(b),
2516	paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may
2517	drive a commercial motor vehicle pursuant to the exemption
2518	granted in paragraph (2)(b), paragraph (2)(d), paragraph (2)(e),
2519	or paragraph (2)(f) if he or she possesses a valid Class D or
2520	Class E driver's license or a military license.
2521	(5)(6)  The department shall adopt rules and enter into
2522	necessary agreements with other jurisdictions to provide for the
2523	operation of commercial vehicles by nonresidents pursuant to the
2524	exemption granted in subsection (2).
2525	Section 75.  Subsection (2) of section 322.54, Florida
2526	Statutes, is amended to read:
2527	322.54  Classification.--
2528	(2)  The department shall issue, pursuant to the
2529	requirements of this chapter, drivers' licenses in accordance
2530	with the following classifications:
2531	(a)  Any person who drives a motor vehicle combination
2532	having a gross vehicle weight rating, a declared weight, or an
2533	actual weight, whichever is greatest, of 26,001 pounds or more
2534	must possess a valid Class A driver's license, provided the
2535	gross vehicle weight rating, declared weight, or actual weight,
2536	whichever is greatest, of the vehicle being towed is more than
2537	10,000 pounds. Any person who possesses a valid Class A driver's
2538	license may, subject to the appropriate restrictions and
2539	endorsements, drive any class of motor vehicle within this
2540	state.
2541	(b)  Any person, except a person who possesses a valid
2542	Class A driver's license, who drives a motor vehicle having a
2543	gross vehicle weight rating, a declared weight, or an actual
2544	weight, whichever is greatest, of 26,001 pounds or more must
2545	possess a valid Class B driver's license. Any person, except a
2546	person who possesses a valid Class A driver's license, who
2547	drives such vehicle towing a vehicle having a gross vehicle
2548	weight rating, a declared weight, or an actual weight, whichever
2549	is greatest, of 10,000 pounds or less must possess a valid Class
2550	B driver's license. Any person who possesses a valid Class B
2551	driver's license may, subject to the appropriate restrictions
2552	and endorsements, drive any class of motor vehicle, other than
2553	the type of motor vehicle for which a Class A driver's license
2554	is required, within this state.
2555	(c)  Any person, except a person who possesses a valid
2556	Class A or a valid Class B driver's license, who drives a motor
2557	vehicle combination having a gross vehicle weight rating, a
2558	declared weight, or an actual weight, whichever is greatest, of
2559	26,001 pounds or more must possess a valid Class C driver's
2560	license. Any person who drives a motor vehicle combination
2561	having a gross vehicle weight rating, a declared weight, or an
2562	actual weight, whichever is greatest, of less than 26,001 pounds
2563	and who is required to obtain an endorsement pursuant to
2564	paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph
2565	(1)(d), or paragraph (1)(e), or paragraph (1)(f) of s. 322.57,
2566	must possess a valid Class C driver's license that is clearly
2567	restricted to the operation of a motor vehicle or motor vehicle
2568	combination of less than 26,001 pounds. Any person who possesses
2569	a valid Class C driver's license may, subject to the appropriate
2570	restrictions and endorsements, drive any class of motor vehicle,
2571	other than the type of motor vehicle for which a Class A or a
2572	Class B driver's license is required, within this state.
2573	(d)  Any person, except a person who possesses a valid
2574	Class A, valid Class B, or valid Class C driver's license, who
2575	drives a truck or a truck tractor having a gross vehicle weight
2576	rating, a declared weight, or an actual weight, whichever is
2577	greatest, of 8,000 pounds or more but less than 26,001 pounds,
2578	or which has a width of more than 80 inches must possess a valid
2579	Class D driver's license. Any person who possesses a valid Class
2580	D driver's license may, subject to the appropriate restrictions
2581	and endorsements, drive any type of motor vehicle, other than
2582	the type of motor vehicle for which a Class A, Class B, or Class
2583	C driver's license is required, within this state.
2584	(d)(e)  Any person, except a person who possesses a valid
2585	Class A, valid Class B, or valid Class C, or valid Class D
2586	driver's license, who drives a motor vehicle must possess a
2587	valid Class E driver's license. Any person who possesses a valid
2588	Class E driver's license may, subject to the appropriate
2589	restrictions and endorsements, drive any type of motor vehicle,
2590	other than the type of motor vehicle for which a Class A, Class
2591	B, or Class C, or Class D driver's license is required, within
2592	this state.
2593	Section 76.  Subsections (1) and (2) of section 322.57,
2594	Florida Statutes, are amended to read:
2595	322.57  Tests of knowledge concerning specified vehicles;
2596	endorsement; nonresidents; violations.--
2597	(1)  In addition to fulfilling any other driver's licensing
2598	requirements of this chapter, a person who:
2599	(a)  Drives a double or triple trailer must successfully
2600	complete a test of his or her knowledge concerning the safe
2601	operation of such vehicles.
2602	(b)  Drives a passenger vehicle must successfully complete
2603	a test of his or her knowledge concerning the safe operation of
2604	such vehicles and a test of his or her driving skill in such a
2605	vehicle.
2606	(c)  Drives a school bus must successfully complete a test
2607	of his or her knowledge concerning the safe operation of such
2608	vehicles and a test of his or her driving skill in such a
2609	vehicle.
2610	(d)(c)  Drives a tank vehicle must successfully complete a
2611	test of his or her knowledge concerning the safe operation of
2612	such vehicles.
2613	(e)(d)  Drives a vehicle that transports hazardous
2614	materials and that is required to be placarded in accordance
2615	with Title 49 C.F.R. part 172, subpart F, must successfully
2616	complete a test of his or her knowledge concerning the safe
2617	operation of such vehicles. Knowledge tests for hazardous-
2618	materials endorsements may not be administered orally for
2619	individuals applying for an initial hazardous-materials
2620	endorsement after June 30, 1994.
2621	(f)(e)  Operates a tank vehicle transporting hazardous
2622	materials must successfully complete the tests required in
2623	paragraphs (d) (c) and (e) (d) so that the department may issue
2624	a single endorsement permitting him or her to operate such tank
2625	vehicle.
2626	(g)(f)  Drives a motorcycle must successfully complete a
2627	test of his or her knowledge concerning the safe operation of
2628	such vehicles and a test of his or her driving skills on such
2629	vehicle. A person who successfully completes such tests shall be
2630	issued an endorsement if he or she is licensed to drive another
2631	type of motor vehicle. A person who successfully completes such
2632	tests and who is not licensed to drive another type of motor
2633	vehicle shall be issued a Class E driver's license that is
2634	clearly restricted to motorcycle use only.
2635	(2)  Before driving or operating any vehicle listed in
2636	subsection (1), a person must obtain an endorsement on his or
2637	her driver's license. An endorsement under paragraph (a),
2638	paragraph (b), paragraph (c), paragraph (d), or paragraph (e),
2639	or paragraph (f) of subsection (1) shall be issued only to
2640	persons who possess a valid Class A, valid Class B, or valid
2641	Class C driver's license. A person who drives a motor vehicle or
2642	motor vehicle combination that requires an endorsement under
2643	this subsection and who drives a motor vehicle or motor vehicle
2644	combination having a gross vehicle weight rating, a declared
2645	weight, or an actual weight, whichever is greatest, of less than
2646	26,000 pounds shall be issued a Class C driver's license that is
2647	clearly restricted to the operation of a motor vehicle or motor
2648	vehicle combination of less than 26,000 pounds.
2649	Section 77.  Paragraph (a) of subsection (1) of section
2650	322.58, Florida Statutes, is amended to read:
2651	322.58  Holders of chauffeur's licenses; effect of
2652	classified licensure.--
2653	(1)  In order to provide for the classified licensure of
2654	commercial motor vehicle drivers, the department shall require
2655	persons who have valid chauffeur's licenses to report on or
2656	after April 1, 1991, to the department for classified licensure,
2657	according to a schedule developed by the department.
2658	(a)  Any person who holds a valid chauffeur's license may
2659	continue to operate vehicles for which a Class E D driver's
2660	license is required until his or her chauffeur's license
2661	expires.
2662	Section 78.  Subsections (1), (2), (3), and (7) of section
2663	322.61, Florida Statutes, are amended, and subsections (4) and
2664	(5) of said section are reenacted, to read:
2665	322.61  Disqualification from operating a commercial motor
2666	vehicle.--
2667	(1)  A person who, within a 3-year period, is convicted of
2668	two of the following serious traffic violations or any
2669	combination thereof, arising in separate incidents committed in
2670	a commercial motor vehicle shall, in addition to any other
2671	applicable penalties, be disqualified from operating a
2672	commercial motor vehicle for a period of 60 days. A person who,
2673	within a 3-year period, is convicted of two of the following
2674	serious traffic violations or any combination thereof arising in
2675	separate incidents committed in a noncommercial motor vehicle
2676	shall, in addition to any other applicable penalties, be
2677	disqualified from operating a commercial motor vehicle for a
2678	period of 60 days if such convictions result in the suspension,
2679	revocation, or cancellation of the licenseholder's driving
2680	privilege:
2681	(a)  A violation of any state or local law relating to
2682	motor vehicle traffic control, other than a parking violation, a
2683	weight violation, or a vehicle equipment violation, arising in
2684	connection with a crash resulting in death or personal injury to
2685	any person;
2686	(b)  Reckless driving, as defined in s. 316.192;
2687	(c)  Careless driving, as defined in s. 316.1925;
2688	(d)  Fleeing or attempting to elude a law enforcement
2689	officer, as defined in s. 316.1935;
2690	(e)  Unlawful speed of 15 miles per hour or more above the
2691	posted speed limit;
2692	(f)  Driving a commercial motor vehicle, owned by such
2693	person, which is not properly insured;
2694	(g)  Improper lane change, as defined in s. 316.085; or
2695	(h)  Following too closely, as defined in s. 316.0895;
2696	(i)  Driving a commercial motor vehicle without obtaining a
2697	commercial driver's license;
2698	(j)  Driving a commercial motor vehicle without a
2699	commercial driver's license in possession; or
2700	(k)  Driving a commercial motor vehicle without the proper
2701	class of commercial driver's license or without the proper
2702	endorsement.
2703	(2)  Any person who, within a 3-year period, is convicted
2704	of three serious traffic violations specified in subsection (1)
2705	or any combination thereof, arising in separate incidents
2706	committed in a commercial motor vehicle shall, in addition to
2707	any other applicable penalties, including, but not limited to,
2708	the penalty provided in subsection (1), be disqualified from
2709	operating a commercial motor vehicle for a period of 120 days. A
2710	person who, within a 3-year period, is convicted of three
2711	serious traffic violations specified in subsection (1) or any
2712	combination thereof arising in separate incidents committed in a
2713	noncommercial motor vehicle shall, in addition to any other
2714	applicable penalties, including, but not limited to, the penalty
2715	provided in subsection (1), be disqualified from operating a
2716	commercial motor vehicle for a period of 120 days if such
2717	convictions result in the suspension, revocation, or
2718	cancellation of the licenseholder's driving privilege.
2719	(3)  Except as provided in subsection (4), any person who
2720	is convicted of one of the following offenses shall, in addition
2721	to any other applicable penalties, be disqualified from
2722	operating a commercial motor vehicle for a period of 1 year:
2723	(a)  Driving a commercial motor vehicle while he or she is
2724	under the influence of alcohol or a controlled substance;
2725	(b)  Driving a commercial motor vehicle while the alcohol
2726	concentration of his or her blood, breath, or urine is .04
2727	percent or higher;
2728	(c)  Leaving the scene of a crash involving a commercial
2729	motor vehicle driven by such person;
2730	(d)  Using a commercial motor vehicle in the commission of
2731	a felony;
2732	(e)  Driving a commercial motor vehicle while in possession
2733	of a controlled substance; or
2734	(f)  Refusing to submit to a test to determine his or her
2735	alcohol concentration while driving a commercial motor vehicle;
2736	(g)  Driving a commercial motor vehicle while the
2737	licenseholder's commercial driver's license is suspended,
2738	revoked, or canceled or while the licenseholder is disqualified
2739	from driving a commercial motor vehicle; or
2740	(h)  Causing a fatality through the negligent operation of
2741	a commercial motor vehicle.
2742	(4)  Any person who is transporting hazardous materials in
2743	a vehicle that is required to be placarded in accordance with
2744	Title 49 C.F.R. part 172, subpart F shall, upon conviction of an
2745	offense specified in subsection (3), be disqualified from
2746	operating a commercial motor vehicle for a period of 3 years.
2747	The penalty provided in this subsection shall be in addition to
2748	any other applicable penalty.
2749	(5)  Any person who is convicted of two violations
2750	specified in subsection(3), or any combination thereof, arising
2751	in separate incidents shall be permanently disqualified from
2752	operating a commercial motor vehicle. The penalty provided in
2753	this subsection shall be in addition to any other applicable
2754	penalty.
2755	(7)  A person whose privilege to operate a commercial motor
2756	vehicle is disqualified under this section may, if otherwise
2757	qualified, be issued a Class D or Class E driver's license,
2758	pursuant to s. 322.251.
2759	Section 79.  Subsection (1) and paragraph (a) of subsection
2760	(3) of section 322.63, Florida Statutes, are amended to read:
2761	322.63  Alcohol or drug testing; commercial motor vehicle
2762	operators.--
2763	(1)  A person who accepts the privilege extended by the
2764	laws of this state of operating a commercial motor vehicle
2765	within this state shall, by so operating such commercial motor
2766	vehicle, be deemed to have given his or her consent to submit to
2767	an approved chemical or physical test of his or her blood or,
2768	breath, or urine for the purpose of determining his or her
2769	alcohol concentration and to a urine test or for the purpose of
2770	detecting the presence of chemical substances as set forth in s.
2771	877.111 or of controlled substances.
2772	(a)  By applying for a commercial driver's license and by
2773	accepting and using a commercial driver's license, the person
2774	holding the commercial driver's license is deemed to have
2775	expressed his or her consent to the provisions of this section.
2776	(b)  Any person who drives a commercial motor vehicle
2777	within this state and who is not required to obtain a commercial
2778	driver's license in this state is, by his or her act of driving
2779	a commercial motor vehicle within this state, deemed to have
2780	expressed his or her consent to the provisions of this section.
2781	(c)  A notification of the consent provision of this
2782	section shall be printed above the signature line on each new or
2783	renewed commercial driver's license issued after March 31, 1991.
2784	(3)(a)  The breath and blood physical and chemical tests
2785	authorized in this section shall be administered substantially
2786	in accordance with rules adopted by the Department of Law
2787	Enforcement.
2788	Section 80.  For the purpose of incorporating the amendment
2789	to section 322.61, Florida Statutes, in a reference thereto,
2790	subsection (14) of section 322.64, Florida Statutes, is
2791	reenacted to read:
2792	322.64  Holder of commercial driver's license; driving with
2793	unlawful blood-alcohol level; refusal to submit to breath,
2794	urine, or blood test.--
2795	(14)  The decision of the department under this section
2796	shall not be considered in any trial for a violation of s.
2797	316.193, s. 322.61, or s. 322.62, nor shall any written
2798	statement submitted by a person in his or her request for
2799	departmental review under this section be admissible into
2800	evidence against him or her in any such trial. The disposition
2801	of any related criminal proceedings shall not affect a
2802	disqualification imposed pursuant to this section.
2803	Section 81.  Section 327.375, Florida Statutes, is created
2804	to read:
2805	327.375  Commercial parasailing.--
2806	(1)  "Commercial parasailing" means any activity involving
2807	the towing of a person by a motorboat for consideration when:
2808	(a)  One or more persons are tethered to the towing vessel.
2809	(b)  The person or persons ascend above the water.
2810	(c)  The person or persons remain suspended above the water
2811	while the vessel is underway.
2812	(2)  The commission shall regulate the use of commercial
2813	parasailing by requiring, at a minimum, the licensing of persons
2814	engaged in commercial parasailing and by requiring minimum
2815	liability insurance necessary for commercial parasailing. In
2816	order to recover the associated costs of regulating commercial
2817	parasailing, the commission may impose an annual licensing fee
2818	to be established by rule not to exceed $100 and a $10
2819	registration fee for each county in which the commercial
2820	parasailing enterprise intends to provide service. The
2821	commission may establish the requirements for minimum liability
2822	insurance and maximum deductible amounts for that insurance by
2823	rule. The commission has authority to adopt rules pursuant to
2824	ss. 120.536(1) and 120.54 to implement the provisions of this
2825	section.
2826	(3)  Any person engaged in commercial parasailing
2827	operations shall meet the following operation requirements:
2828	(a)  Vessels engaged in commercial parasailing operations
2829	must be designed and equipped for towing a person while
2830	parasailing and must be equipped with a rear launch platform and
2831	powered winch used to release and retrieve the tow line.
2832	(b)  All commercial parasail operators are required to have
2833	a license for carrying passengers for hire issued by the United
2834	States Coast Guard.
2835	(c)  All commercial parasailing operations shall include an
2836	observer 18 years of age or older who is present in the vessel
2837	at all times to monitor the progress of any airborne parasail
2838	rider and parachute.
2839	(d)  All commercial parasail riders shall wear a United
2840	States Coast Guard approved type I, type II, or type III
2841	personal flotation device of the proper size and must be
2842	connected to the towline and secured in a seat harness attached
2843	to an ascending type of parachute.
2844	(e)  Commercial parasailing conducted in the Atlantic Ocean
2845	and the Gulf of Mexico shall be restricted to not less than
2846	three-eights nautical mile from the shore. This restriction
2847	applies to the entire commercial parasailing apparatus,
2848	including the vessel, towline, and rider.
2849	(f)  Commercial parasailing operations shall not be
2850	conducted within 600 feet of any:
2851	1.  Anchored vessel;
2852	2.  Person in the water;
2853	3.  Shore or seawall; or
2854	4.  Structure, bridge, powerline, wharf, pier, dock, buoy,
2855	platform, piling, channel marker, or other similar object.
2856	(g)  Commercial parasailing shall not be permitted on
2857	bodies of water less than 1,200 feet in width from shore to
2858	shore.
2859	(h)  All commercial parasailing towing vessels shall be
2860	equipped with a functional VHF marine transceiver.
2861	(i)  Commercial parasailing shall be conducted only from
2862	one-half hour after sunrise to one-half hour before sunset and
2863	at no time during restricted visibility.
2864	(j)  Commercial parasailing is prohibited when there are
2865	sustained winds of 20 knots or seas 5 feet or higher in the area
2866	of operation.
2867	(k)  Towlines shall not exceed 800 feet in length.
2868	(l)  Commercial parasail operators shall only launch riders
2869	from the flight deck of the vessels.
2870	(m)  No more than two persons shall be tethered to the
2871	towing vessel and ascend above the water at any time.
2872	(4)  A person who violates this section commits a
2873	misdemeanor of the second degree, punishable as provided in s.
2874	775.082 or s. 775.083.
2875	Section 82.  Subsection (2) of section 328.11, Florida
2876	Statutes, is amended to read:
2877	328.11  Certificates Duplicate certificate of title;
2878	expedited service; duplicate certificates.--
2879	(2)  In addition to the fee imposed by subsection (1), the
2880	Department of Highway Safety and Motor Vehicles shall charge a
2881	fee of $5 for expedited service in issuing a duplicate
2882	certificate of title. Application for such expedited service may
2883	be made by mail or in person. The department shall issue each
2884	certificate of title applied for under this subsection within 5
2885	working days after receipt of a proper application or shall
2886	refund the additional $5 fee upon written request by the
2887	applicant.
2888	Section 83.  Paragraphs (c) and (f) of subsection (13) of
2889	section 713.78, Florida Statutes, are amended to read:
2890	713.78  Liens for recovering, towing, or storing vehicles
2891	and vessels.--
2892	(13)
2893	(c)1.  The registered owner of a vehicle, vessel, or mobile
2894	home may dispute a wrecker operator's lien, by notifying the
2895	department of the dispute in writing on forms provided by the
2896	department, if at least one of the following applies:
2897	a.  The registered owner presents a notarized bill of sale
2898	proving that the vehicle, vessel, or mobile home was sold in a
2899	private or casual sale before the vehicle, vessel, or mobile
2900	home was recovered, towed, or stored.
2901	b.  The registered owner presents proof that the Florida
2902	certificate of title of the vehicle, vessel, or mobile home was
2903	sold to a licensed dealer as defined in s. 319.001 before the
2904	vehicle, vessel, or mobile home was recovered, towed, or stored.
2905	c.  The records of the department were marked "sold" prior
2906	to the date of the tow.
2907
2908	If the registered owner's dispute of a wrecker operator's lien
2909	complies with one of these criteria, the department shall
2910	immediately remove the registered owner's name from the list of
2911	those persons who may not be issued a license plate or
2912	revalidation sticker for any motor vehicle under s. 320.03(8),
2913	thereby allowing issuance of a license plate or revalidation
2914	sticker. If the vehicle, vessel, or mobile home is owned jointly
2915	by more than one person, each registered owner must dispute the
2916	wrecker operator's lien in order to be removed from the list.
2917	However, the department shall deny any dispute and maintain the
2918	registered owner's name on the list of those persons who may not
2919	be issued a license plate or revalidation sticker for any motor
2920	vehicle under s. 320.03(8) if the wrecker operator has provided
2921	the department with a certified copy of the judgment of a court
2922	which orders the registered owner to pay the wrecker operator's
2923	lien claimed under this section. In such a case, the amount of
2924	the wrecker operator's lien allowed by paragraph (b) may be
2925	increased to include no more than $500 of the reasonable costs
2926	and attorney's fees incurred in obtaining the judgment. The
2927	department's action under this subparagraph is ministerial in
2928	nature, shall not be considered final agency action, and is
2929	appealable only to the county court for the county in which the
2930	vehicle, vessel, or mobile home was ordered removed.
2931	2.  A person against whom a wrecker operator's lien has
2932	been imposed may alternatively obtain a discharge of the lien by
2933	filing a complaint, challenging the validity of the lien or the
2934	amount thereof, in the county court of the county in which the
2935	vehicle, vessel, or mobile home was ordered removed. Upon filing
2936	of the complaint, the person may have her or his name removed
2937	from the list of those persons who may not be issued a license
2938	plate or revalidation sticker for any motor vehicle under s.
2939	320.03(8), thereby allowing issuance of a license plate or
2940	revalidation sticker, upon posting with the court a cash or
2941	surety bond or other adequate security equal to the amount of
2942	the wrecker operator's lien to ensure the payment of such lien
2943	in the event she or he does not prevail. Upon the posting of the
2944	bond and the payment of the applicable fee set forth in s.
2945	28.24, the clerk of the court shall issue a certificate
2946	notifying the department of the posting of the bond and
2947	directing the department to release the wrecker operator's lien.
2948	Upon determining the respective rights of the parties, the court
2949	may award damages and costs in favor of the prevailing party.
2950	3.  If a person against whom a wrecker operator's lien has
2951	been imposed does not object to the lien, but cannot discharge
2952	the lien by payment because the wrecker operator has moved or
2953	gone out of business, the person may have her or his name
2954	removed from the list of those persons who may not be issued a
2955	license plate or revalidation sticker for any motor vehicle
2956	under s. 320.03(8), thereby allowing issuance of a license plate
2957	or revalidation sticker, upon posting with the clerk of court in
2958	the county in which the vehicle, vessel, or mobile home was
2959	ordered removed, a cash or surety bond or other adequate
2960	security equal to the amount of the wrecker operator's lien.
2961	Upon the posting of the bond and the payment of the application
2962	fee set forth in s. 28.24, the clerk of the court shall issue a
2963	certificate notifying the department of the posting of the bond
2964	and directing the department to release the wrecker operator's
2965	lien. The department shall mail to the wrecker operator, at the
2966	address upon the lien form, notice that the wrecker operator
2967	must claim the security within 60 days, or the security will be
2968	released back to the person who posted it. At the conclusion of
2969	the 60 days, the department shall direct the clerk as to which
2970	party is entitled to payment of the security, less applicable
2971	clerk's fees.
2972	4.  A wrecker operator's lien expires 5 years after filing.
2973	(f)  This subsection applies only to the annual renewal in
2974	the registered owner's birth month of a motor vehicle
2975	registration and does not apply to the transfer of a
2976	registration of a motor vehicle sold by a motor vehicle dealer
2977	licensed under chapter 320, except for the transfer of
2978	registrations which is inclusive of the annual renewals. This
2979	subsection does not apply to any vehicle registered in the name
2980	of the lessor. This subsection does not affect the issuance of
2981	the title to a motor vehicle, notwithstanding s. 319.23(7)(b).
2982	Section 84.  Subsection (1) of section 832.06, Florida
2983	Statutes, is amended to read:
2984	832.06  Prosecution for worthless checks given tax
2985	collector for licenses or taxes; refunds.--
2986	(1)  Whenever any person, firm, or corporation violates the
2987	provisions of s. 832.05 by drawing, making, uttering, issuing,
2988	or delivering to any county tax collector any check, draft, or
2989	other written order on any bank or depository for the payment of
2990	money or its equivalent for any tag, title, lien, tax (except ad
2991	valorem taxes), penalty, or fee relative to a boat, airplane,
2992	motor vehicle, driver license, or identification card; any
2993	occupational license, beverage license, or sales or use tax; or
2994	any hunting or fishing license, the county tax collector, after
2995	the exercise of due diligence to locate the person, firm, or
2996	corporation which drew, made, uttered, issued, or delivered the
2997	check, draft, or other written order for the payment of money,
2998	or to collect the same by the exercise of due diligence and
2999	prudence, shall swear out a complaint in the proper court
3000	against the person, firm, or corporation for the issuance of the
3001	worthless check or draft. If the state attorney cannot sign the
3002	information due to lack of proof, as determined by the state
3003	attorney in good faith, for a prima facie case in court, or, if
3004	the amount of the worthless check or draft is $150 or less, he
3005	or she shall issue a certificate so stating to the tax
3006	collector. If payment of the dishonored check, draft, or other
3007	written order, together with court costs expended, is not
3008	received in full by the county tax collector within 30 days
3009	after service of the warrant, 30 days after conviction, or 60
3010	days after the collector swears out the complaint or receives
3011	the certificate of the state attorney, whichever is first, the
3012	county tax collector shall make a written report to this effect
3013	to the Department of Highway Safety and Motor Vehicles relative
3014	to motor vehicles and vessels, to the Department of Revenue
3015	relative to occupational licenses and the sales and use tax, to
3016	the Division of Alcoholic Beverages and Tobacco of the
3017	Department of Business and Professional Regulation relative to
3018	beverage licenses, or to the Fish and Wildlife Conservation
3019	Commission relative to hunting and fishing licenses, containing
3020	a statement of the amount remaining unpaid on the worthless
3021	check or draft. If the information is not signed, the
3022	certificate of the state attorney is issued, and the written
3023	report of the amount remaining unpaid is made, the county tax
3024	collector may request the sum be forthwith refunded by the
3025	appropriate governmental entity, agency, or department. If a
3026	warrant has been issued and served, he or she shall certify to
3027	that effect, together with the court costs and amount remaining
3028	unpaid on the check. The county tax collector may request that
3029	the sum of money certified by him or her be forthwith refunded
3030	by the Department of Highway Safety and Motor Vehicles, the
3031	Department of Revenue, the Division of Alcoholic Beverages and
3032	Tobacco of the Department of Business and Professional
3033	Regulation, or the Fish and Wildlife Conservation Commission to
3034	the county tax collector. Within 30 days after receipt of the
3035	request, the Department of Highway Safety and Motor Vehicles,
3036	the Department of Revenue, the Division of Alcoholic Beverages
3037	and Tobacco of the Department of Business and Professional
3038	Regulation, or the Fish and Wildlife Conservation Commission,
3039	upon being satisfied as to the correctness of the certificate of
3040	the tax collector, or the report, shall refund to the county tax
3041	collector the sums of money so certified or reported. If any
3042	officer of any court issuing the warrant is unable to serve it
3043	within 60 days after the issuance and delivery of it to the
3044	officer for service, the officer shall make a written return to
3045	the county tax collector to this effect. Thereafter, the county
3046	tax collector may certify that the warrant has been issued and
3047	that service has not been had upon the defendant and further
3048	certify the amount of the worthless check or draft and the
3049	amount of court costs expended by the county tax collector, and
3050	the county tax collector may file the certificate with the
3051	Department of Highway Safety and Motor Vehicles relative to
3052	motor vehicles and vessels, with the Department of Revenue
3053	relative to occupational licenses and the sales and use tax,
3054	with the Division of Alcoholic Beverages and Tobacco of the
3055	Department of Business and Professional Regulation relative to
3056	beverage licenses, or with the Fish and Wildlife Conservation
3057	Commission relative to hunting and fishing licenses, together
3058	with a request that the sums of money so certified be forthwith
3059	refunded by the Department of Highway Safety and Motor Vehicles,
3060	the Department of Revenue, the Division of Alcoholic Beverages
3061	and Tobacco of the Department of Business and Professional
3062	Regulation, or the Fish and Wildlife Conservation Commission to
3063	the county tax collector, and within 30 days after receipt of
3064	the request, the Department of Highway Safety and Motor
3065	Vehicles, the Department of Revenue, the Division of Alcoholic
3066	Beverages and Tobacco of the Department of Business and
3067	Professional Regulation, or the Fish and Wildlife Conservation
3068	Commission, upon being satisfied as to the correctness of the
3069	certificate, shall refund the sums of money so certified to the
3070	county tax collector.
3071	Section 85.  Except as otherwise expressly provided in this
3072	act, this act shall take effect October 1, 2004.

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