Senate Bill sb1240

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    Florida Senate - 2005                                  SB 1240

    By Senator Baker





    20-813-05                                           See HB 623

  1                      A bill to be entitled

  2         An act relating to former military vehicles;

  3         amending s. 316.2952, F.S.; defining "former

  4         military vehicle"; exempting such vehicles from

  5         certain windshield requirements; requiring

  6         eye-protective devices while such vehicle is in

  7         operation; providing penalties for violation;

  8         amending s. 316.605, F.S.; exempting certain

  9         former military vehicles from license plate

10         display requirements; amending s. 320.086,

11         F.S.; providing for issuance of special license

12         plates for certain former military vehicles;

13         exempting certain former military vehicles from

14         license plate display requirements; requiring

15         the plate and registration certificate to be in

16         the vehicle and available for inspection;

17         defining "former military vehicle"; providing

18         an effective date.

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

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22         Section 1.  Subsection (6) of section 316.2952, Florida

23  Statutes, is renumbered as subsection (7), and a new

24  subsection (6) is added to that section, to read:

25         316.2952  Windshields; requirements; restrictions.--

26         (6)  A former military vehicle is exempt from the

27  requirements of this section if the department determines that

28  the exemption is necessary to maintain the vehicle's accurate

29  military design and markings. However, whenever the vehicle is

30  operating on the public roads and highways, the operator and

31  passengers must wear eye-protective devices approved by the

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






    Florida Senate - 2005                                  SB 1240
    20-813-05                                           See HB 623




 1  department. For purposes of this subsection, "former military

 2  vehicle" means a vehicle, including a trailer, regardless of

 3  the vehicle's size, weight, or year of manufacture, that was

 4  manufactured for use in any country's military forces and is

 5  maintained to represent its military design and markings

 6  accurately.

 7         (7)(6)  A violation of this section is a noncriminal

 8  traffic infraction, punishable as a nonmoving violation as

 9  provided in chapter 318.

10         Section 2.  Subsection (1) of section 316.605, Florida

11  Statutes, is amended to read:

12         316.605  Licensing of vehicles.--

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

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

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

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

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

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

19  for front-end registration license plates on truck tractors

20  and s. 320.086(5) which exempts display of license plates on

21  described former military vehicles, display the license plate

22  or both of the license plates assigned to it by the state, one

23  on the rear and, if two, the other on the front of the

24  vehicle, each to be securely fastened to the vehicle outside

25  the main body of the vehicle in such manner as to prevent the

26  plates from swinging, with all letters, numerals, printing,

27  writing, and other identification marks upon the plates clear

28  and distinct and free from defacement, mutilation, grease, and

29  other obscuring matter, so that they will be plainly visible

30  and legible at all times 100 feet from the rear or front.

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

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    Florida Senate - 2005                                  SB 1240
    20-813-05                                           See HB 623




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

 2  governmental agency. No license plates other than those

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

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

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

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

 7  a foreign country, substantially complying with the provisions

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

 9  violation of this subsection is a noncriminal traffic

10  infraction, punishable as a nonmoving violation as provided in

11  chapter 318.

12         Section 3.  Section 320.086, Florida Statutes, is

13  amended to read:

14         320.086  Ancient or antique motor vehicles; "horseless

15  carriage," antique, or historical license plates; former

16  military vehicles.--

17         (1)  The owner of a motor vehicle for private use

18  manufactured in 1945 or earlier, equipped with an engine

19  manufactured in 1945 or earlier or manufactured to the

20  specifications of the original engine, and operated on the

21  streets and highways of this state shall, upon application in

22  the manner and at the time prescribed by the department and

23  upon payment of the license tax for an ancient motor vehicle

24  prescribed by s. 320.08(1)(d), (2)(a), or (3)(e), be issued a

25  special license plate for such motor vehicle. The license

26  plate shall be permanent and valid for use without renewal so

27  long as the vehicle is in existence. In addition to the

28  payment of all other fees required by law, the applicant shall

29  pay such fee for the issuance of the special license plate as

30  may be prescribed by the department commensurate with the cost

31  of its manufacture. The registration numbers and special

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    Florida Senate - 2005                                  SB 1240
    20-813-05                                           See HB 623




 1  license plates assigned to such motor vehicles shall run in a

 2  separate numerical series, commencing with "Horseless Carriage

 3  No. 1," and the plates shall be of a distinguishing color.

 4         (2)(a)  The owner of a motor vehicle for private use

 5  manufactured after 1945 and of the age of 30 years or more

 6  after the date of manufacture, equipped with an engine of the

 7  age of 30 years or more after the date of manufacture, and

 8  operated on the streets and highways of this state may, upon

 9  application in the manner and at the time prescribed by the

10  department and upon payment of the license tax prescribed by

11  s. 320.08(1)(d), (2)(a), or (3)(e), be issued a special

12  license plate for such motor vehicle. In addition to the

13  payment of all other fees required by law, the applicant shall

14  pay the fee for the issuance of the special license plate

15  prescribed by the department, commensurate with the cost of

16  its manufacture. The registration numbers and special license

17  plates assigned to such motor vehicles shall run in a separate

18  numerical series, commencing with "Antique No. 1," and the

19  plates shall be of a distinguishing color. The owner of the

20  motor vehicle may, upon application and payment of the license

21  tax prescribed by s. 320.08, be issued a regular Florida

22  license plate or specialty license plate in lieu of the

23  special "Antique" license plate.

24         (b)  Motor vehicles licensed under this section which

25  have been issued a permanent license plate prior to October 1,

26  1999, shall maintain such plate unless the vehicle is

27  transferred to a new owner. Motor vehicles licensed under this

28  section which have been issued a "Collectible" license plate

29  prior to October 1, 1999, may retain that license plate until

30  the next regularly scheduled replacement.

31  

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    Florida Senate - 2005                                  SB 1240
    20-813-05                                           See HB 623




 1         (3)  The owner of an ancient or antique firefighting

 2  apparatus, former military vehicle, or other historical motor

 3  vehicle or trailer identifiable as a military trailer 30 years

 4  old or older which is used only in exhibitions, parades, or

 5  public display, may, upon application in the manner and at the

 6  time prescribed by the department and upon payment of the

 7  license tax prescribed by s. 320.08(2)(a), be issued a license

 8  plate as prescribed in subsection (1) or subsection (2).

 9  License plates issued under this subsection shall be permanent

10  and valid for use without renewal as long as the vehicle is in

11  existence and its use is consistent with this subsection.

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

13  vehicle as defined in this section and manufactured in the

14  model year 1974 or earlier, may apply to the department for

15  permission to use a historical Florida license plate that

16  clearly represents the model year of the vehicle as a

17  personalized prestige license plate. This plate shall be

18  furnished by such person and shall be presented to the

19  department with a reasonable fee to be determined by the

20  department for approval and for authentication that the

21  historic license plate and any applicable decals were issued

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

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

24  historical plates authorized under this subsection.

25         (5)  A former military vehicle that is used only in

26  exhibitions, parades, or public display is exempt from the

27  requirement to display a license plate or registration

28  insignia if the exemption is necessary to maintain the

29  vehicle's accurate military markings. However, the license

30  plate and registration certificate issued under this section

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    Florida Senate - 2005                                  SB 1240
    20-813-05                                           See HB 623




 1  must be carried within the vehicle and available for

 2  inspection by any law enforcement officer.

 3         (6)  For purposes of this section, "former military

 4  vehicle" means a vehicle, including a trailer, regardless of

 5  the vehicle's size, weight, or year of manufacture, that was

 6  manufactured for use in any country's military forces and is

 7  maintained to represent its military design and markings

 8  accurately.

 9         Section 4.  This act shall take effect July 1, 2005.

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