Senate Bill sb1344c1

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    Florida Senate - 2005                           CS for SB 1344

    By the Committee on Transportation and Economic Development
    Appropriations; and Senators Sebesta and Lynn




    606-2241-05

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         261.03, F.S.; redefining the term "off-highway

  4         vehicle" to include a two-rider ATV; adding a

  5         definition; amending s. 316.003, F.S.; defining

  6         the term "traffic signal preemption system";

  7         amending s. 316.0775, F.S.; providing that the

  8         unauthorized use of a traffic signal preemption

  9         device is a moving violation; amending s.

10         316.122, F.S.; providing for the right-of-way

11         for certain passing vehicles; creating s.

12         316.1576, F.S.; providing clearance

13         specifications for a railroad-highway grade

14         crossing; providing a penalty; creating s.

15         316.1577, F.S.; providing that an employer is

16         responsible under certain circumstances for

17         violations pertaining to railroad-highway grade

18         crossings; providing a penalty; amending s.

19         316.183, F.S.; increasing the minimum speed

20         limit on interstate highways under certain

21         circumstances; amending s. 316.1932, F.S.;

22         revising the requirements for printing the

23         notice of consent for sobriety testing on a

24         driver's license; amending s. 316.1936, F.S.,

25         relating to possession of open containers of

26         alcohol; removing an exemption provided for

27         passengers of a vehicle operated by a driver

28         holding a Class D driver's license; amending s.

29         316.194, F.S.; authorizing traffic accident

30         investigation officers to remove vehicles under

31         certain circumstances; amending s. 316.1967,

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 1         F.S.; providing that an owner of a leased

 2         vehicle is not responsible for a parking ticket

 3         violation in certain circumstances; amending s.

 4         316.2074, F.S.; redefining the term

 5         "all-terrain vehicle" to include a two-rider

 6         ATV; amending s. 316.302, F.S.; updating a

 7         reference to the Code of Federal Regulations

 8         relating to commercial motor vehicles; amending

 9         s. 316.605, F.S.; clarifying that portion of a

10         license plate which must be clear and plainly

11         visible; amending s. 316.613, F.S.; eliminating

12         authorization for the Department of Highway

13         Safety and Motor Vehicles to expend certain

14         funds for promotional purposes; creating s.

15         316.6131, F.S.; authorizing the department to

16         expend certain funds for public information and

17         education campaigns; amending s. 316.650, F.S.;

18         providing exceptions to a prohibition against

19         using citations as evidence in a trial;

20         amending s. 317.0003, F.S.; defining the term

21         "off-highway vehicle" to include a two-rider

22         ATV; providing a definition; amending ss.

23         317.0004, 317.0005, and 317.0006, F.S.;

24         conforming references; amending s. 317.0007,

25         F.S.; authorizing the Department of Highway

26         Safety and Motor Vehicles to issue a validation

27         sticker as an additional proof of title for an

28         off-highway vehicle; providing for the

29         replacement of lost or destroyed off-highway

30         vehicle validation stickers; providing for

31         disposition of fees; repealing s. 317.0008(2),

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 1         F.S., relating to the expedited issuance of

 2         duplicate certificates of title for off-highway

 3         vehicles; amending ss. 317.0010, 317.0012, and

 4         317.0013, F.S.; conforming references; creating

 5         s. 317.0014, F.S.; establishing procedures for

 6         the issuance of a certificate of title for an

 7         off-highway vehicle; providing duties of the

 8         Department of Highway Safety and Motor

 9         Vehicles; providing for a notice of lien and

10         lien satisfaction; creating s. 317.0015, F.S.;

11         providing for the applicability of certain

12         provisions of law to the titling of off-highway

13         vehicles; creating s. 317.0016, F.S.; providing

14         for the expedited issuance of titles for

15         off-highway vehicles; creating s. 317.0017,

16         F.S.; prohibiting specified actions relating to

17         the issuance of titles for off-highway

18         vehicles; providing a penalty; creating s.

19         317.0018, F.S.; prohibiting the transfer of an

20         off-highway vehicle without delivery of a

21         certificate of title; prescribing other

22         violations; providing a penalty; amending s.

23         318.14, F.S.; authorizing the department to

24         modify certain actions to suspend or revoke a

25         driver's license following notice of final

26         disposition; providing citation procedures and

27         proceedings for persons who do not hold a

28         commercial driver's license; amending s.

29         319.23, F.S.; requiring a licensed motor

30         vehicle dealer to notify the Department of

31         Highway Safety and Motor Vehicles of a motor

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 1         vehicle or mobile home taken as a trade-in;

 2         requiring the department to update its title

 3         record; amending s. 319.27, F.S.; correcting an

 4         obsolete cross-reference; amending s. 320.06,

 5         F.S.; providing for a credit or refund when a

 6         registrant is required to replace a license

 7         plate under certain circumstances; amending s.

 8         320.0601, F.S.; requiring that a registration

 9         or renewal of a long-term leased motor vehicle

10         be in the name of the lessee; amending s.

11         320.0605, F.S.; exempting a vehicle registered

12         as a fleet vehicle from the requirement that

13         the certificate of registration be carried in

14         the vehicle at all times; amending s. 320.0843,

15         F.S.; requiring that an applicant's eligibility

16         for a disabled parking plate be noted on the

17         certificate; amending s. 320.131, F.S.;

18         authorizing the department to provide for an

19         electronic system for motor vehicle dealers to

20         use in issuing temporary license plates;

21         providing a penalty; amending s. 320.18, F.S.;

22         authorizing the department to cancel the

23         vehicle or vessel registration, driver's

24         license, or identification card of a person who

25         pays certain fees or penalties with a

26         dishonored check; amending s. 320.27, F.S.;

27         requiring dealer principals to provide

28         certification of completing continuing

29         education under certain circumstances;

30         requiring motor vehicle dealers to maintain

31         records for a specified period; providing

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 1         certain penalties; amending s. 322.01, F.S.;

 2         redefining the terms "commercial motor vehicle"

 3         and "out-of-service order"; providing the

 4         definition of conviction applicable to offenses

 5         committed in a commercial motor vehicle;

 6         amending s. 322.05, F.S.; removing requirements

 7         for a Class D driver's license; amending s.

 8         322.051, F.S.; revising provisions relating to

 9         the application for an identification card;

10         providing that the requirement for a fullface

11         photograph or digital image on an

12         identification card may not be waived under ch.

13         761, F.S.; amending s. 322.07, F.S.; removing

14         requirements for a Class D driver's license;

15         amending s. 322.08, F.S.; providing that a

16         United States passport is an acceptable proof

17         of identity for purposes of obtaining a

18         driver's license; providing that a

19         naturalization certificate issued by the United

20         States Department of Homeland Security is an

21         acceptable proof of identity for such purpose;

22         providing that specified documents issued by

23         the United States Department of Homeland

24         Security are acceptable as proof of

25         nonimmigrant classification; amending s.

26         322.09, F.S.; requiring the signature of a

27         secondary guardian on a driver's license

28         application for a minor under certain

29         circumstances; amending s. 322.11, F.S.;

30         providing for notice to a minor before

31         canceling the minor's license due to the death

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 1         of the person who cosigned the initial

 2         application; amending s. 322.12, F.S.; removing

 3         requirements for a Class D driver's license;

 4         amending s. 322.135, F.S.; revising

 5         requirements for the tax collector in directing

 6         a licensee for examination or reexamination;

 7         requiring county officers to pay certain funds

 8         to the State Treasury by electronic funds

 9         transfer within a specified period; amending s.

10         322.142, F.S.; providing that the requirement

11         for a fullface photograph or digital image on a

12         driver's license may not be waived under ch.

13         761, F.S.; amending s. 322.161, F.S.; removing

14         requirements for a Class D driver's license;

15         amending s. 322.17, F.S., relating to duplicate

16         and replacement certificates; conforming a

17         cross-reference; amending s. 322.18, F.S.;

18         revising the expiration period for driver's

19         licenses issued to specified persons;

20         conforming cross-references; amending s.

21         322.19, F.S., relating to change of address or

22         name; conforming cross-references; amending s.

23         322.21, F.S.; removing requirements for a Class

24         D driver's license; requiring the department to

25         set a fee for a hazardous-materials

26         endorsement; providing that the fee may not

27         exceed $100; amending s. 322.212, F.S.;

28         providing an additional penalty for giving

29         false information when applying for a

30         commercial driver's license; amending s.

31         322.22, F.S.; authorizing the department to

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    Florida Senate - 2005                           CS for SB 1344
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 1         cancel any identification card, vehicle or

 2         vessel registration, or fuel-use decal of a

 3         licensee who pays certain fees or penalties

 4         with a dishonored check; amending s. 322.251,

 5         F.S.; removing requirements for a Class D

 6         driver's license; amending s. 322.2615, F.S.;

 7         revising provisions related to administrative

 8         suspension of driver's licenses; amending s.

 9         322.27, F.S.; providing 4 points to be assessed

10         against a person's driver's license for a

11         violation of s. 316.0775(2), F.S.; amending s.

12         322.30, F.S.; removing the requirements for a

13         Class D driver's license; amending s. 322.53,

14         F.S.; removing requirements for a Class D

15         driver's license; removing a requirement that

16         certain operators of a commercial motor vehicle

17         obtain a specified license; amending s. 322.54,

18         F.S.; revising the classification requirements

19         for certain driver's licenses; deleting

20         requirements for a Class D driver's license;

21         amending s. 322.57, F.S.; providing testing

22         requirements for school bus drivers; amending

23         s. 322.58, F.S.; deleting requirements for a

24         Class D driver's license and changing those

25         requirements to a Class E driver's license;

26         amending and reenacting s. 322.61, F.S.;

27         specifying additional violations that

28         disqualify a person from operating a commercial

29         motor vehicle; providing penalties; removing

30         requirements for a Class D driver's license;

31         amending s. 322.63, F.S.; clarifying provisions

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 1         governing alcohol and drug testing for

 2         commercial motor vehicle operators; amending s.

 3         322.64, F.S., and reenacting s. 322.64(14),

 4         F.S., relating to citation procedures and

 5         proceedings, to incorporate the amendment to s.

 6         322.61, F.S., in a reference thereto; providing

 7         for a temporary permit issued following certain

 8         DUI offenses to apply only to the operation of

 9         noncommercial vehicles; amending s. 713.78,

10         F.S.; revising provisions relating to the

11         placement of a wrecker operator's lien against

12         a motor vehicle; amending s. 843.16, F.S.;

13         prohibiting the transportation of radio

14         equipment that receives signals on frequencies

15         used by this state's law enforcement officers

16         or fire rescue personnel; redefining the term

17         "emergency vehicle" to include any motor

18         vehicle designated as such by the fire chief of

19         a county or municipality; providing an enhanced

20         penalty; providing an effective date.

21  

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

23  

24         Section 1.  Subsection (6) of section 261.03, Florida

25  Statutes, is amended and subsection (11) is added to that

26  section, to read:

27         261.03  Definitions.--As used in this chapter, the

28  term:

29         (6)  "Off-highway vehicle" means any ATV, two-rider

30  ATV, or OHM that is used off the roads or highways of this

31  

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 1  state for recreational purposes and that is not registered and

 2  licensed for highway use under chapter 320.

 3         (11)  "Two-rider ATV" means any ATV that is

 4  specifically designed by the manufacturer for a single

 5  operator and one passenger.

 6         Section 2.  Subsection (84) is added to section

 7  316.003, Florida Statutes, to read:

 8         316.003  Definitions.--The following words and phrases,

 9  when used in this chapter, shall have the meanings

10  respectively ascribed to them in this section, except where

11  the context otherwise requires:

12         (84)  TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or

13  device with the capability of activating a control mechanism

14  mounted on or near traffic signals which alters a traffic

15  signal's timing cycle.

16         Section 3.  Section 316.0775, Florida Statutes, is

17  amended to read:

18         316.0775  Interference with official traffic control

19  devices or railroad signs or signals.--

20         (1)  A No person may not shall, without lawful

21  authority, attempt to or in fact alter, deface, injure, knock

22  down, or remove any official traffic control device or any

23  railroad sign or signal or any inscription, shield, or

24  insignia thereon, or any other part thereof. A violation of

25  this subsection section is a criminal violation pursuant to s.

26  318.17 and shall be punishable as set forth in s. 806.13

27  related to criminal mischief and graffiti, beginning on or

28  after July 1, 2000.

29         (2)  A person may not, without lawful authority,

30  possess or use any traffic signal preemption device as defined

31  under s. 316.003. A person who violates this subsection

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 1  commits a moving violation, punishable as provided in chapter

 2  318 and shall have 4 points assessed against his or her

 3  driver's license as set forth in s. 322.27.

 4         Section 4.  Section 316.122, Florida Statutes, is

 5  amended to read:

 6         316.122  Vehicle turning left.--The driver of a vehicle

 7  intending to turn to the left within an intersection or into

 8  an alley, private road, or driveway shall yield the

 9  right-of-way to any vehicle approaching from the opposite

10  direction, or vehicles lawfully passing on the left of the

11  turning vehicle, which is within the intersection or so close

12  thereto as to constitute an immediate hazard. A violation of

13  this section is a noncriminal traffic infraction, punishable

14  as a moving violation as provided in chapter 318.

15         Section 5.  Section 316.1576, Florida Statutes, is

16  created to read:

17         316.1576  Insufficient clearance at a railroad-highway

18  grade crossing.--

19         (1)  A person may not drive any vehicle through a

20  railroad-highway grade crossing that does not have sufficient

21  space to drive completely through the crossing without

22  stopping.

23         (2)  A person may not drive any vehicle through a

24  railroad-highway grade crossing that does not have sufficient

25  undercarriage clearance to drive completely through the

26  crossing without stopping.

27         (3)  A violation of this section is a noncriminal

28  traffic infraction, punishable as a moving violation as

29  provided in chapter 318.

30         Section 6.  Section 316.1577, Florida Statutes, is

31  created to read:

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 1         316.1577  Employer responsibility for violations

 2  pertaining to railroad-highway grade crossings.--

 3         (1)  An employer may not knowingly allow, require,

 4  permit, or authorize a driver to operate a commercial motor

 5  vehicle in violation of a federal, state, or local law or rule

 6  pertaining to railroad-highway grade crossings.

 7         (2)  A person who violates subsection (1) is subject to

 8  a civil penalty of not more than $10,000.

 9         Section 7.  Subsection (2) of section 316.183, Florida

10  Statutes, is amended to read:

11         316.183  Unlawful speed.--

12         (2)  On all streets or highways, the maximum speed

13  limits for all vehicles must be 30 miles per hour in business

14  or residence districts, and 55 miles per hour at any time at

15  all other locations. However, with respect to a residence

16  district, a county or municipality may set a maximum speed

17  limit of 20 or 25 miles per hour on local streets and highways

18  after an investigation determines that such a limit is

19  reasonable.  It is not necessary to conduct a separate

20  investigation for each residence district. The minimum speed

21  limit on all highways that comprise a part of the National

22  System of Interstate and Defense Highways and have not fewer

23  than four lanes is 40 miles per hour, except that when the

24  posted speed limit is 70 miles per hour, the minimum speed

25  limit is 50 miles per hour.

26         Section 8.  Paragraph (e) of subsection (1) of section

27  316.1932, Florida Statutes, is amended to read:

28         316.1932  Tests for alcohol, chemical substances, or

29  controlled substances; implied consent; refusal.--

30         (1)

31  

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

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

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

 4  consent to the provisions of this section.

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

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

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

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

 9  of this section.

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

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

12  renewed driver's license.

13         Section 9.  Subsection (5) of section 316.1936, Florida

14  Statutes, is amended to read:

15         316.1936  Possession of open containers of alcoholic

16  beverages in vehicles prohibited; penalties.--

17         (5)  This section shall not apply to:

18         (a)  A passenger of a vehicle in which the driver is

19  operating the vehicle pursuant to a contract to provide

20  transportation for passengers and such driver holds a valid

21  commercial driver's license with a passenger endorsement or a

22  Class D driver's license issued in accordance with the

23  requirements of chapter 322;

24         (b)  A passenger of a bus in which the driver holds a

25  valid commercial driver's license with a passenger endorsement

26  or a Class D driver's license issued in accordance with the

27  requirements of chapter 322; or

28         (c)  A passenger of a self-contained motor home which

29  is in excess of 21 feet in length.

30         Section 10.  Paragraphs (a) and (b) of subsection (3)

31  of section 316.194, Florida Statutes, are amended to read:

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 1         316.194  Stopping, standing or parking outside of

 2  municipalities.--

 3         (3)(a)  Whenever any police officer or traffic accident

 4  investigation officer finds a vehicle standing upon a highway

 5  in violation of any of the foregoing provisions of this

 6  section, the officer is authorized to move the vehicle, or

 7  require the driver or other persons in charge of the vehicle

 8  to move the vehicle same, to a position off the paved or

 9  main-traveled part of the highway.

10         (b)  Officers and traffic accident investigation

11  officers may are hereby authorized to provide for the removal

12  of any abandoned vehicle to the nearest garage or other place

13  of safety, cost of such removal to be a lien against motor

14  vehicle, when an said abandoned vehicle is found unattended

15  upon a bridge or causeway or in any tunnel, or on any public

16  highway in the following instances:

17         1.  Where such vehicle constitutes an obstruction of

18  traffic;

19         2.  Where such vehicle has been parked or stored on the

20  public right-of-way for a period exceeding 48 hours, in other

21  than designated parking areas, and is within 30 feet of the

22  pavement edge; and

23         3.  Where an operative vehicle has been parked or

24  stored on the public right-of-way for a period exceeding 10

25  days, in other than designated parking areas, and is more than

26  30 feet from the pavement edge.  However, the agency removing

27  such vehicle shall be required to report same to the

28  Department of Highway Safety and Motor Vehicles within 24

29  hours of such removal.

30         Section 11.  Section 316.1967, Florida Statutes, is

31  amended to read:

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 1         316.1967  Liability for payment of parking ticket

 2  violations and other parking violations.--

 3         (1)  The owner of a vehicle is responsible and liable

 4  for payment of any parking ticket violation unless the owner

 5  can furnish evidence, when required by this subsection, that

 6  the vehicle was, at the time of the parking violation, in the

 7  care, custody, or control of another person.  In such

 8  instances, the owner of the vehicle is required, within a

 9  reasonable time after notification of the parking violation,

10  to furnish to the appropriate law enforcement authorities an

11  affidavit setting forth the name, address, and driver's

12  license number of the person who leased, rented, or otherwise

13  had the care, custody, or control of the vehicle.  The

14  affidavit submitted under this subsection is admissible in a

15  proceeding charging a parking ticket violation and raises the

16  rebuttable presumption that the person identified in the

17  affidavit is responsible for payment of the parking ticket

18  violation.  The owner of a vehicle is not responsible for a

19  parking ticket violation if the vehicle involved was, at the

20  time, stolen or in the care, custody, or control of some

21  person who did not have permission of the owner to use the

22  vehicle. The owner of a leased vehicle is not responsible for

23  a parking ticket violation and is not required to submit an

24  affidavit or the other evidence specified in this section, if

25  the vehicle is registered in the name of the person who leased

26  the vehicle.

27         (2)  Any person who is issued a county or municipal

28  parking ticket by a parking enforcement specialist or officer

29  is deemed to be charged with a noncriminal violation and shall

30  comply with the directions on the ticket. If payment is not

31  received or a response to the ticket is not made within the

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 1  time period specified thereon, the county court or its traffic

 2  violations bureau shall notify the registered owner of the

 3  vehicle that was cited, or the registered lessee when the

 4  cited vehicle is registered in the name of the person who

 5  leased the vehicle, by mail to the address given on the motor

 6  vehicle registration, of the ticket. Mailing the notice to

 7  this address constitutes notification. Upon notification, the

 8  registered owner or registered lessee shall comply with the

 9  court's directive.

10         (3)  Any person who fails to satisfy the court's

11  directive waives his or her right to pay the applicable civil

12  penalty.

13         (4)  Any person who elects to appear before a

14  designated official to present evidence waives his or her

15  right to pay the civil penalty provisions of the ticket. The

16  official, after a hearing, shall make a determination as to

17  whether a parking violation has been committed and may impose

18  a civil penalty not to exceed $100 or the fine amount

19  designated by county ordinance, plus court costs.  Any person

20  who fails to pay the civil penalty within the time allowed by

21  the court is deemed to have been convicted of a parking ticket

22  violation, and the court shall take appropriate measures to

23  enforce collection of the fine.

24         (5)  Any provision of subsections (2), (3), and (4) to

25  the contrary notwithstanding, chapter 318 does not apply to

26  violations of county parking ordinances and municipal parking

27  ordinances.

28         (6)  Any county or municipality may provide by

29  ordinance that the clerk of the court or the traffic

30  violations bureau shall supply the department with a

31  magnetically encoded computer tape reel or cartridge or send

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 1  by other electronic means data which is machine readable by

 2  the installed computer system at the department, listing

 3  persons who have three or more outstanding parking violations,

 4  including violations of s. 316.1955. Each county shall provide

 5  by ordinance that the clerk of the court or the traffic

 6  violations bureau shall supply the department with a

 7  magnetically encoded computer tape reel or cartridge or send

 8  by other electronic means data that is machine readable by the

 9  installed computer system at the department, listing persons

10  who have any outstanding violations of s. 316.1955 or any

11  similar local ordinance that regulates parking in spaces

12  designated for use by persons who have disabilities. The

13  department shall mark the appropriate registration records of

14  persons who are so reported. Section 320.03(8) applies to each

15  person whose name appears on the list.

16         Section 12.  Subsection (2) of section 316.2074,

17  Florida Statutes, is amended to read:

18         316.2074  All-terrain vehicles.--

19         (2)  As used in this section, the term "all-terrain

20  vehicle" means any motorized off-highway vehicle 50 inches or

21  less in width, having a dry weight of 900 pounds or less,

22  designed to travel on three or more low-pressure tires, having

23  a seat designed to be straddled by the operator and handlebars

24  for steering control, and intended for use by a single

25  operator with no passenger. For the purposes of this section,

26  "all-terrain vehicle" also includes any "two-rider ATV" as

27  defined in s. 317.0003.

28         Section 13.  Paragraph (b) of subsection (1) of section

29  316.302, Florida Statutes, is amended to read:

30  

31  

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 1         316.302  Commercial motor vehicles; safety regulations;

 2  transporters and shippers of hazardous materials;

 3  enforcement.--

 4         (1)

 5         (b)  Except as otherwise provided in this section, all

 6  owners or drivers of commercial motor vehicles that are

 7  engaged in intrastate commerce are subject to the rules and

 8  regulations contained in 49 C.F.R. parts 382, 385, and

 9  390-397, with the exception of 49 C.F.R. s. 390.5 as it

10  relates to the definition of bus, as such rules and

11  regulations existed on October 1, 2004 2002.

12         Section 14.  Subsection (1) of section 316.605, Florida

13  Statutes, is amended to read:

14         316.605  Licensing of vehicles.--

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

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

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

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

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

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

21  for front-end registration license plates on truck tractors,

22  display the license plate or both of the license plates

23  assigned to it by the state, one on the rear and, if two, the

24  other on the front of the vehicle, each to be securely

25  fastened to the vehicle outside the main body of the vehicle

26  in such manner as to prevent the plates from swinging, and

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

28  identification marks upon the plates regarding the word

29  "Florida," the registration decal, and the alphanumeric

30  designation shall be clear and distinct and free from

31  defacement, mutilation, grease, and other obscuring matter, so

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 1  that they will be plainly visible and legible at all times 100

 2  feet from the rear or front. Nothing shall be placed upon the

 3  face of a Florida plate except as permitted by law or by rule

 4  or regulation of a governmental agency.  No license plates

 5  other than those furnished by the state shall be used.

 6  However, if the vehicle is not required to be licensed in this

 7  state, the license plates on such vehicle issued by another

 8  state, by a territory, possession, or district of the United

 9  States, or by a foreign country, substantially complying with

10  the provisions hereof, shall be considered as complying with

11  this chapter. A violation of this subsection is a noncriminal

12  traffic infraction, punishable as a nonmoving violation as

13  provided in chapter 318.

14         Section 15.  Subsection (4) of section 316.613, Florida

15  Statutes, is amended to read:

16         316.613  Child restraint requirements.--

17         (4)(a)  It is the legislative intent that all state,

18  county, and local law enforcement agencies, and safety

19  councils, in recognition of the problems with child death and

20  injury from unrestrained occupancy in motor vehicles, conduct

21  a continuing safety and public awareness campaign as to the

22  magnitude of the problem.

23         (b)  The department may authorize the expenditure of

24  funds for the purchase of promotional items as part of the

25  public information and education campaigns provided for in

26  this subsection and ss. 316.614, 322.025, and 403.7145.

27         Section 16.  Section 316.6131, Florida Statutes, is

28  created to read:

29         316.6131  Educational expenditures.--The department may

30  authorize the expenditure of funds for the purchase of

31  educational items as part of the public information and

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 1  education campaigns promoting highway safety and awareness, as

 2  well as departmental community-based initiatives. Funds may be

 3  expended for, but are not limited to, educational campaigns

 4  provided in this chapter, chapters 320 and 322, and s.

 5  403.7145.

 6         Section 17.  Subsection (9) of section 316.650, Florida

 7  Statutes, is amended to read:

 8         316.650  Traffic citations.--

 9         (9)  Such citations shall not be admissible evidence in

10  any trial, except when used as evidence of falsification,

11  forgery, uttering, fraud, or perjury, or when used as physical

12  evidence resulting from a forensic examination of the

13  citation.

14         Section 18.  Section 317.0003, Florida Statutes, is

15  amended, to read:

16         317.0003  Definitions.--As used in this chapter ss.

17  317.0001-317.0013, the term:

18         (1)  "ATV" means any motorized off-highway or

19  all-terrain vehicle 50 inches or less in width, having a dry

20  weight of 900 pounds or less, designed to travel on three or

21  more low-pressure tires, having a seat designed to be

22  straddled by the operator and handlebars for steering control,

23  and intended for use by a single operator and with no

24  passenger.

25         (2)  "Dealer" means any person authorized by the

26  Department of Revenue to buy, sell, resell, or otherwise

27  distribute off-highway vehicles. Such person must have a valid

28  sales tax certificate of registration issued by the Department

29  of Revenue and a valid commercial or occupational license

30  required by any county, municipality, or political subdivision

31  of the state in which the person operates.

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 1         (3)  "Department" means the Department of Highway

 2  Safety and Motor Vehicles.

 3         (4)  "Florida resident" means a person who has had a

 4  principal place of domicile in this state for a period of more

 5  than 6 consecutive months, who has registered to vote in this

 6  state, who has made a statement of domicile pursuant to s.

 7  222.17, or who has filed for homestead tax exemption on

 8  property in this state.

 9         (5)  "OHM" or "off-highway motorcycle" means any motor

10  vehicle used off the roads or highways of this state that has

11  a seat or saddle for the use of the rider and is designed to

12  travel with not more than two wheels in contact with the

13  ground, but excludes a tractor or a moped.

14         (6)  "Off-highway vehicle" means any ATV, two-rider

15  ATV, or OHM that is used off the roads or highways of this

16  state for recreational purposes and that is not registered and

17  licensed for highway use pursuant to chapter 320.

18         (7)  "Owner" means a person, other than a lienholder,

19  having the property in or title to an off-highway vehicle,

20  including a person entitled to the use or possession of an

21  off-highway vehicle subject to an interest held by another

22  person, reserved or created by agreement and securing payment

23  of performance of an obligation, but the term excludes a

24  lessee under a lease not intended as security.

25         (8)  "Public lands" means lands within the state that

26  are available for public use and that are owned, operated, or

27  managed by a federal, state, county, or municipal governmental

28  entity.

29         (9)  "Two-rider ATV" means any ATV that is specifically

30  designed by the manufacturer for a single operator and one

31  passenger.

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 1         Section 19.  Subsection (1) of section 317.0004,

 2  Florida Statutes, is amended to read:

 3         317.0004  Administration of off-highway vehicle titling

 4  laws; records.--

 5         (1)  The administration of off-highway vehicle titling

 6  laws in this chapter ss. 317.0001-317.0013 is under the

 7  Department of Highway Safety and Motor Vehicles, which shall

 8  provide for the issuing, handling, and recording of all

 9  off-highway vehicle titling applications and certificates,

10  including the receipt and accounting of off-highway vehicle

11  titling fees. The provisions of chapter 319 are applicable to

12  this chapter, unless otherwise explicitly stated.

13         Section 20.  Section 317.0005, Florida Statutes, is

14  amended to read:

15         317.0005  Rules, forms, and notices.--

16         (1)  The department may adopt rules pursuant to ss.

17  120.536(1) and 120.54, which pertain to off-highway vehicle

18  titling, in order to implement the provisions of this chapter

19  ss. 317.0001-317.0013 conferring duties upon it.

20         (2)  The department shall prescribe and provide

21  suitable forms for applications and other notices and forms

22  necessary to administer the provisions of this chapter ss.

23  317.0001-317.0013.

24         Section 21.  Subsection (1) of section 317.0006,

25  Florida Statutes, is amended to read:

26         317.0006  Certificate of title required.--

27         (1)  Any off-highway vehicle that is purchased by a

28  resident of this state after the effective date of this act or

29  that is owned by a resident and is operated on the public

30  lands of this state must be titled pursuant to this chapter

31  ss. 317.0001-317.0013.

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 1         Section 22.  Subsection (6) is added to section

 2  317.0007, Florida Statutes, to read:

 3         317.0007  Application for and issuance of certificate

 4  of title.--

 5         (6)  In addition to a certificate of title, the

 6  department may issue a validation sticker to be placed on the

 7  off-highway vehicle as proof of the issuance of title required

 8  pursuant to s. 317.0006(1). A validation sticker that is lost

 9  or destroyed may, upon application, be replaced by the

10  department or county tax collector. The department and county

11  tax collector may charge and deposit the fees established in

12  ss. 320.03(5), 320.031, and 320.04 for all original and

13  replacement decals.

14         Section 23.  Subsection (2) of section 317.0008,

15  Florida Statutes, is repealed.

16         Section 24.  Section 317.0010, Florida Statutes, is

17  amended to read:

18         317.0010  Disposition of fees.--The department shall

19  deposit all funds received under this chapter ss.

20  317.0001-317.0013, less administrative costs of $2 per title

21  transaction, into the Incidental Trust Fund of the Division of

22  Forestry of the Department of Agriculture and Consumer

23  Services.

24         Section 25.  Subsection (3) of section 317.0012,

25  Florida Statutes, is amended to read:

26         317.0012  Crimes relating to certificates of title;

27  penalties.--

28         (3)  It is unlawful to:

29         (a)  Alter or forge any certificate of title to an

30  off-highway vehicle or any assignment thereof or any

31  cancellation of any lien on an off-highway vehicle.

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 1         (b)  Retain or use such certificate, assignment, or

 2  cancellation knowing that it has been altered or forged.

 3         (c)  Use a false or fictitious name, give a false or

 4  fictitious address, or make any false statement in any

 5  application or affidavit required by this chapter ss.

 6  317.0001-317.0013 or in a bill of sale or sworn statement of

 7  ownership or otherwise commit a fraud in any application.

 8         (d)  Knowingly obtain goods, services, credit, or money

 9  by means of an invalid, duplicate, fictitious, forged,

10  counterfeit, stolen, or unlawfully obtained certificate of

11  title, bill of sale, or other indicia of ownership of an

12  off-highway vehicle.

13         (e)  Knowingly obtain goods, services, credit, or money

14  by means of a certificate of title to an off-highway vehicle

15  which certificate is required by law to be surrendered to the

16  department.

17  

18  Any person who violates this subsection commits a felony of

19  the third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084. A violation of this subsection with

21  respect to any off-highway vehicle makes such off-highway

22  vehicle contraband which may be seized by a law enforcement

23  agency and forfeited under ss. 932.701-932.704.

24         Section 26.  Section 317.0013, Florida Statutes, is

25  amended to read:

26         317.0013  Nonmoving traffic violations.--Any person who

27  fails to comply with any provision of this chapter ss.

28  317.0001-317.0012 for which a penalty is not otherwise

29  provided commits a nonmoving traffic violation, punishable as

30  provided in s. 318.18.

31  

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 1         Section 27.  Section 317.0014, Florida Statutes, is

 2  created to read:

 3         317.0014  Certificate of title; issuance in duplicate;

 4  delivery; liens and encumbrances.--

 5         (1)  The department shall assign a number to each

 6  certificate of title and shall issue each certificate of title

 7  and each corrected certificate in duplicate. The database

 8  record shall serve as the duplicate title certificate required

 9  in this section. One printed copy may be retained on file by

10  the department.

11         (2)  A duly authorized person shall sign the original

12  certificate of title and each corrected certificate and, if

13  there are no liens or encumbrances on the off-highway vehicle,

14  as shown in the records of the department or as shown in the

15  application, shall deliver the certificate to the applicant or

16  to another person as directed by the applicant or person,

17  agent, or attorney submitting the application. If there are

18  one or more liens or encumbrances on the off-highway vehicle,

19  the certificate shall be delivered by the department to the

20  first lienholder as shown by department records or to the

21  owner as indicated in the notice of lien filed by the first

22  lienholder. If the notice of lien filed by the first

23  lienholder indicates that the certificate should be delivered

24  to the first lienholder, the department shall deliver to the

25  first lienholder, along with the certificate, a form to be

26  subsequently used by the lienholder as a satisfaction. If the

27  notice of lien filed by the first lienholder directs the

28  certificate of title to be delivered to the owner, then, upon

29  delivery of the certificate of title by the department to the

30  owner, the department shall deliver to the first lienholder

31  confirmation of the receipt of the notice of lien and the date

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 1  the certificate of title was issued to the owner at the

 2  owner's address shown on the notice of lien and a form to be

 3  subsequently used by the lienholder as a satisfaction. If the

 4  application for certificate shows the name of a first

 5  lienholder different from the name of the first lienholder as

 6  shown by the records of the department, the certificate may

 7  not be issued to any person until after all parties who appear

 8  to hold a lien and the applicant for the certificate have been

 9  notified of the conflict in writing by the department by

10  certified mail. If the parties do not amicably resolve the

11  conflict within 10 days after the date the notice was mailed,

12  the department shall serve notice in writing by certified mail

13  on all persons appearing to hold liens on that particular

14  vehicle, including the applicant for the certificate, to show

15  cause within 15 days following the date the notice is mailed

16  as to why it should not issue and deliver the certificate to

17  the person indicated in the notice of lien filed by the

18  lienholder whose name appears in the application as the first

19  lienholder without showing any lien or liens as outstanding

20  other than those appearing in the application or those that

21  have been filed subsequent to the filing of the application

22  for the certificate. If, within the 15-day period, any person

23  other than the lienholder shown in the application or a party

24  filing a subsequent lien, in answer to the notice to show

25  cause, appears in person or by a representative, or responds

26  in writing, and files a written statement under oath that his

27  or her lien on that particular vehicle is still outstanding,

28  the department may not issue the certificate to anyone until

29  after the conflict has been settled by the lien claimants

30  involved or by a court of competent jurisdiction. If the

31  conflict is not settled amicably within 10 days after the

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 1  final date for filing an answer to the notice to show cause,

 2  the complaining party shall have 10 days in which to obtain a

 3  ruling, or a stay order, from a court of competent

 4  jurisdiction. If a ruling or stay order is not issued and

 5  served on the department within the 10-day period, it shall

 6  issue the certificate showing no liens except those shown in

 7  the application or thereafter filed to the original applicant

 8  if there are no liens shown in the application and none are

 9  thereafter filed, or to the person indicated in the notice of

10  lien filed by the lienholder whose name appears in the

11  application as the first lienholder if there are liens shown

12  in the application or thereafter filed. A duplicate

13  certificate or corrected certificate shall show only the lien

14  or liens as shown in the application and any subsequently

15  filed liens that may be outstanding.

16         (3)  Except as provided in subsection (4), the

17  certificate of title shall be retained by the first lienholder

18  or the owner as indicated in the notice of lien filed by the

19  first lienholder. If the first lienholder is in possession of

20  the certificate, the first lienholder is entitled to retain

21  the certificate until the first lien is satisfied.

22         (4)  If the owner of the vehicle, as shown on the title

23  certificate, desires to place a second or subsequent lien or

24  encumbrance against the vehicle when the title certificate is

25  in the possession of the first lienholder, the owner shall

26  send a written request to the first lienholder by certified

27  mail, and the first lienholder shall forward the certificate

28  to the department for endorsement. If the title certificate is

29  in the possession of the owner, the owner shall forward the

30  certificate to the department for endorsement. The department

31  shall return the certificate to either the first lienholder or

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 1  to the owner, as indicated in the notice of lien filed by the

 2  first lienholder, after endorsing the second or subsequent

 3  lien on the certificate and on the duplicate. If the first

 4  lienholder or owner fails, neglects, or refuses to forward the

 5  certificate of title to the department within 10 days after

 6  the date of the owner's request, the department, on the

 7  written request of the subsequent lienholder or an assignee of

 8  the lien, shall demand of the first lienholder the return of

 9  the certificate for the notation of the second or subsequent

10  lien or encumbrance.

11         (5)(a)  Upon satisfaction of any first lien or

12  encumbrance recorded by the department, the owner of the

13  vehicle, as shown on the title certificate, or the person

14  satisfying the lien is entitled to demand and receive from the

15  lienholder a satisfaction of the lien. If the lienholder, upon

16  satisfaction of the lien and upon demand, fails or refuses to

17  furnish a satisfaction of the lien within 30 days after

18  demand, he or she is liable for all costs, damages, and

19  expenses, including reasonable attorney's fees, lawfully

20  incurred by the titled owner or person satisfying the lien in

21  any suit brought in this state for cancellation of the lien.

22  The lienholder receiving final payment as defined in s.

23  674.215 shall mail or otherwise deliver a lien satisfaction

24  and the certificate of title indicating the satisfaction

25  within 10 working days after receipt of final payment or

26  notify the person satisfying the lien that the title is not

27  available within 10 working days after receipt of final

28  payment. If the lienholder is unable to provide the

29  certificate of title and notifies the person of such, the

30  lienholder shall provide a lien satisfaction and is

31  responsible for the cost of a duplicate title, including

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 1  expedited title charges as provided in s. 317.0016. This

 2  paragraph does not apply to electronic transactions under

 3  subsection (8).

 4         (b)  Following satisfaction of a lien, the lienholder

 5  shall enter a satisfaction thereof in the space provided on

 6  the face of the certificate of title. If the certificate of

 7  title was retained by the owner, the owner shall, within 5

 8  days after satisfaction of the lien, deliver the certificate

 9  of title to the lienholder and the lienholder shall enter a

10  satisfaction thereof in the space provided on the face of the

11  certificate of title. If no subsequent liens are shown on the

12  certificate of title, the certificate shall be delivered by

13  the lienholder to the person satisfying the lien or

14  encumbrance and an executed satisfaction on a form provided by

15  the department shall be forwarded to the department by the

16  lienholder within 10 days after satisfaction of the lien.

17         (c)  If the certificate of title shows a subsequent

18  lien not then being discharged, an executed satisfaction of

19  the first lien shall be delivered by the lienholder to the

20  person satisfying the lien and the certificate of title

21  showing satisfaction of the first lien shall be forwarded by

22  the lienholder to the department within 10 days after

23  satisfaction of the lien.

24         (d)  If, upon receipt of a title certificate showing

25  satisfaction of the first lien, the department determines from

26  its records that there are no subsequent liens or encumbrances

27  upon the vehicle, the department shall forward to the owner,

28  as shown on the face of the title, a corrected certificate

29  showing no liens or encumbrances. If there is a subsequent

30  lien not being discharged, the certificate of title shall be

31  reissued showing the second or subsequent lienholder as the

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 1  first lienholder and shall be delivered to either the new

 2  first lienholder or to the owner as indicated in the notice of

 3  lien filed by the new first lienholder. If the certificate of

 4  title is to be retained by the first lienholder on the

 5  reissued certificate, the first lienholder is entitled to

 6  retain the certificate of title except as provided in

 7  subsection (4) until his or her lien is satisfied. Upon

 8  satisfaction of the lien, the lienholder is subject to the

 9  procedures required of a first lienholder by subsection (4)

10  and this subsection.

11         (6)  When the original certificate of title cannot be

12  returned to the department by the lienholder and evidence

13  satisfactory to the department is produced that all liens or

14  encumbrances have been satisfied, upon application by the

15  owner for a duplicate copy of the certificate upon the form

16  prescribed by the department, accompanied by the fee

17  prescribed in this chapter, a duplicate copy of the

18  certificate of title, without statement of liens or

19  encumbrances, shall be issued by the department and delivered

20  to the owner.

21         (7)  Any person who fails, within 10 days after receipt

22  of a demand by the department by certified mail, to return a

23  certificate of title to the department as required by

24  subsection (4) or who, upon satisfaction of a lien, fails

25  within 10 days after receipt of such demand to forward the

26  appropriate document to the department as required by

27  paragraph (5)(b) or paragraph (5)(c) commits a misdemeanor of

28  the second degree, punishable as provided in s. 775.082 or s.

29  775.083.

30         (8)  Notwithstanding any requirements in this section

31  or in s. 319.27 indicating that a lien on a vehicle shall be

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 1  noted on the face of the Florida certificate of title, if

 2  there are one or more liens or encumbrances on the off-highway

 3  vehicle, the department may electronically transmit the lien

 4  to the first lienholder and notify the first lienholder of any

 5  additional liens. Subsequent lien satisfactions may be

 6  electronically transmitted to the department and must include

 7  the name and address of the person or entity satisfying the

 8  lien. When electronic transmission of liens and lien

 9  satisfactions are used, the issuance of a certificate of title

10  may be waived until the last lien is satisfied and a clear

11  certificate of title is issued to the owner of the vehicle.

12         (9)  In sending any notice, the department is required

13  to use only the last known address, as shown by its records.

14         Section 28.  Section 317.0015, Florida Statutes, is

15  created to read:

16         317.0015  Application of law.--Sections 319.235,

17  319.241, 319.25, 319.27, 319.28, and 319.40 apply to all

18  off-highway vehicles that are required to be titled under this

19  chapter.

20         Section 29.  Section 317.0016, Florida Statutes, is

21  created to read:

22         317.0016  Expedited service; applications; fees.--The

23  department shall provide, through its agents and for use by

24  the public, expedited service on title transfers, title

25  issuances, duplicate titles, recordation of liens, and

26  certificates of repossession. A fee of $7 shall be charged for

27  this service, which is in addition to the fees imposed by ss.

28  317.0007 and 317.0008, and $3.50 of this fee shall be retained

29  by the processing agency. All remaining fees shall be

30  deposited in the Incidental Trust Fund of the Division of

31  Forestry of the Department of Agriculture and Consumer

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 1  Services. Application for expedited service may be made by

 2  mail or in person. The department shall issue each title

 3  applied for pursuant to this section within 5 working days

 4  after receipt of the application except for an application for

 5  a duplicate title certificate covered by s. 317.0008(3), in

 6  which case the title must be issued within 5 working days

 7  after compliance with the department's verification

 8  requirements.

 9         Section 30.  Section 317.0017, Florida Statutes, is

10  created to read:

11         317.0017  Offenses involving vehicle identification

12  numbers, applications, certificates, papers; penalty.--

13         (1)  A person may not:

14         (a)  Alter or forge any certificate of title to an

15  off-highway vehicle or any assignment thereof or any

16  cancellation of any lien on an off-highway vehicle.

17         (b)  Retain or use such certificate, assignment, or

18  cancellation knowing that it has been altered or forged.

19         (c)  Procure or attempt to procure a certificate of

20  title to an off-highway vehicle, or pass or attempt to pass a

21  certificate of title or any assignment thereof to an

22  off-highway vehicle, knowing or having reason to believe that

23  the off-highway vehicle has been stolen.

24         (d)  Possess, sell or offer for sale, conceal, or

25  dispose of in this state an off-highway vehicle, or major

26  component part thereof, on which any motor number or vehicle

27  identification number affixed by the manufacturer or by a

28  state agency has been destroyed, removed, covered, altered, or

29  defaced, with knowledge of such destruction, removal,

30  covering, alteration, or defacement, except as provided in s.

31  319.30(4).

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 1         (e)  Use a false or fictitious name, give a false or

 2  fictitious address, or make any false statement in any

 3  application or affidavit required under this chapter or in a

 4  bill of sale or sworn statement of ownership or otherwise

 5  commit a fraud in any application.

 6         (2)  A person may not knowingly obtain goods, services,

 7  credit, or money by means of an invalid, duplicate,

 8  fictitious, forged, counterfeit, stolen, or unlawfully

 9  obtained certificate of title, registration, bill of sale, or

10  other indicia of ownership of an off-highway vehicle.

11         (3)  A person may not knowingly obtain goods, services,

12  credit, or money by means of a certificate of title to an

13  off-highway vehicle, which certificate is required by law to

14  be surrendered to the department.

15         (4)  A person may not knowingly and with intent to

16  defraud have in his or her possession, sell, offer to sell,

17  counterfeit, or supply a blank, forged, fictitious,

18  counterfeit, stolen, or fraudulently or unlawfully obtained

19  certificate of title, bill of sale, or other indicia of

20  ownership of an off-highway vehicle or conspire to do any of

21  the foregoing.

22         (5)  A person, firm, or corporation may not knowingly

23  possess, manufacture, sell or exchange, offer to sell or

24  exchange, supply in blank, or give away any counterfeit

25  manufacturer's or state-assigned identification number plates

26  or serial plates or any decal used for the purpose of

27  identifying an off-highway vehicle. An officer, agent, or

28  employee of any person, firm, or corporation, or any person

29  may not authorize, direct, aid in exchange, or give away, or

30  conspire to authorize, direct, aid in exchange, or give away,

31  such counterfeit manufacturer's or state-assigned

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 1  identification number plates or serial plates or any decal.

 2  However, this subsection does not apply to any approved

 3  replacement manufacturer's or state-assigned identification

 4  number plates or serial plates or any decal issued by the

 5  department or any state.

 6         (6)  A person who violates any provision of this

 7  section commits a felony of the third degree, punishable as

 8  provided in s. 775.082, s. 775.083, or s. 775.084. Any

 9  off-highway vehicle used in violation of this section

10  constitutes contraband that may be seized by a law enforcement

11  agency and that is subject to forfeiture proceedings pursuant

12  to ss. 932.701-932.704. This section is not exclusive of any

13  other penalties prescribed by any existing or future laws for

14  the larceny or unauthorized taking of off-highway vehicles,

15  but is supplementary thereto.

16         Section 31.  Section 317.0018, Florida Statutes, is

17  created to read:

18         317.0018  Transfer without delivery of certificate;

19  operation or use without certificate; failure to surrender;

20  other violations.--Except as otherwise provided in this

21  chapter, any person who:

22         (1)  Purports to sell or transfer an off-highway

23  vehicle without delivering to the purchaser or transferee of

24  the vehicle a certificate of title to the vehicle duly

25  assigned to the purchaser as provided in this chapter;

26         (2)  Operates or uses in this state an off-highway

27  vehicle for which a certificate of title is required without

28  the certificate having been obtained in accordance with this

29  chapter, or upon which the certificate of title has been

30  canceled;

31  

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 1         (3)  Fails to surrender a certificate of title upon

 2  cancellation of the certificate by the department and notice

 3  thereof as prescribed in this chapter;

 4         (4)  Fails to surrender the certificate of title to the

 5  department as provided in this chapter in the case of the

 6  destruction, dismantling, or change of an off-highway vehicle

 7  in such respect that it is not the off-highway vehicle

 8  described in the certificate of title; or

 9         (5)  Violates any other provision of this chapter or a

10  lawful rule adopted pursuant to this chapter;

11  

12  shall be fined not more than $500 or imprisoned for not more

13  than 6 months, or both, for each offense, unless otherwise

14  specified.

15         Section 32.  Subsections (7), (9), and (10) of section

16  318.14, Florida Statutes, are amended to read:

17         318.14  Noncriminal traffic infractions; exception;

18  procedures.--

19         (7)(a)  The official having jurisdiction over the

20  infraction shall certify to the department within 10 days

21  after payment of the civil penalty that the defendant has

22  admitted to the infraction.  If the charge results in a

23  hearing, the official having jurisdiction shall certify to the

24  department the final disposition within 10 days after of the

25  hearing. All dispositions returned to the county requiring a

26  correction shall be resubmitted to the department within 10

27  days after the notification of the error.

28         (b)  If the official having jurisdiction over the

29  traffic infraction submits the final disposition to the

30  department more than 180 days after the final hearing or after

31  payment of the civil penalty, the department may modify any

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 1  resulting suspension or revocation action to begin as if the

 2  citation were reported in a timely manner.

 3         (9)  Any person who does not hold a commercial driver's

 4  license and who is cited for an infraction under this section

 5  other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),

 6  s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu

 7  of a court appearance, elect to attend in the location of his

 8  or her choice within this state a basic driver improvement

 9  course approved by the Department of Highway Safety and Motor

10  Vehicles. In such a case, adjudication must be withheld;

11  points, as provided by s. 322.27, may not be assessed; and the

12  civil penalty that is imposed by s. 318.18(3) must be reduced

13  by 18 percent; however, a person may not make an election

14  under this subsection if the person has made an election under

15  this subsection in the preceding 12 months. A person may make

16  no more than five elections under this subsection. The

17  requirement for community service under s. 318.18(8) is not

18  waived by a plea of nolo contendere or by the withholding of

19  adjudication of guilt by a court.

20         (10)(a)  Any person who does not hold a commercial

21  driver's license and who is cited for an offense listed under

22  this subsection may, in lieu of payment of fine or court

23  appearance, elect to enter a plea of nolo contendere and

24  provide proof of compliance to the clerk of the court or

25  authorized operator of a traffic violations bureau. In such

26  case, adjudication shall be withheld; however, no election

27  shall be made under this subsection if such person has made an

28  election under this subsection in the 12 months preceding

29  election hereunder.  No person may make more than three

30  elections under this subsection.  This subsection applies to

31  the following offenses:

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 1         1.  Operating a motor vehicle without a valid driver's

 2  license in violation of the provisions of s. 322.03, s.

 3  322.065, or s. 322.15(1), or operating a motor vehicle with a

 4  license which has been suspended for failure to appear,

 5  failure to pay civil penalty, or failure to attend a driver

 6  improvement course pursuant to s. 322.291.

 7         2.  Operating a motor vehicle without a valid

 8  registration in violation of s. 320.0605, s. 320.07, or s.

 9  320.131.

10         3.  Operating a motor vehicle in violation of s.

11  316.646.

12         (b)  Any person cited for an offense listed in this

13  subsection shall present proof of compliance prior to the

14  scheduled court appearance date. For the purposes of this

15  subsection, proof of compliance shall consist of a valid,

16  renewed, or reinstated driver's license or registration

17  certificate and proper proof of maintenance of security as

18  required by s. 316.646. Notwithstanding waiver of fine, any

19  person establishing proof of compliance shall be assessed

20  court costs of $22, except that a person charged with

21  violation of s. 316.646(1)-(3) may be assessed court costs of

22  $7. One dollar of such costs shall be remitted to the

23  Department of Revenue for deposit into the Child Welfare

24  Training Trust Fund of the Department of Children and Family

25  Services. One dollar of such costs shall be distributed to the

26  Department of Juvenile Justice for deposit into the Juvenile

27  Justice Training Trust Fund. Twelve dollars of such costs

28  shall be distributed to the municipality and $8 shall be

29  deposited by the clerk of the court into the fine and

30  forfeiture fund established pursuant to s. 142.01, if the

31  offense was committed within the municipality. If the offense

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 1  was committed in an unincorporated area of a county or if the

 2  citation was for a violation of s. 316.646(1)-(3), the entire

 3  amount shall be deposited by the clerk of the court into the

 4  fine and forfeiture fund established pursuant to s. 142.01,

 5  except for the moneys to be deposited into the Child Welfare

 6  Training Trust Fund and the Juvenile Justice Training Trust

 7  Fund. This subsection shall not be construed to authorize the

 8  operation of a vehicle without a valid driver's license,

 9  without a valid vehicle tag and registration, or without the

10  maintenance of required security.

11         Section 33.  Subsection (6) of section 319.23, Florida

12  Statutes, is amended to read:

13         319.23  Application for, and issuance of, certificate

14  of title.--

15         (6)  In the case of the sale of a motor vehicle or

16  mobile home by a licensed dealer to a general purchaser, the

17  certificate of title shall be obtained in the name of the

18  purchaser by the dealer upon application signed by the

19  purchaser, and in each other case such certificate shall be

20  obtained by the purchaser.  In each case of transfer of a

21  motor vehicle or mobile home, the application for certificate

22  of title, or corrected certificate, or assignment or

23  reassignment, shall be filed within 30 days from the delivery

24  of such motor vehicle or mobile home to the purchaser.  An

25  applicant shall be required to pay a fee of $10, in addition

26  to all other fees and penalties required by law, for failing

27  to file such application within the specified time.  When a

28  licensed dealer acquires a motor vehicle or mobile home as a

29  trade-in, the dealer must file with the department, within 30

30  days, a notice of sale signed by the seller. The department

31  shall update its database for that title record to indicate

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 1  "sold." A licensed dealer need not apply for a certificate of

 2  title for any motor vehicle or mobile home in stock acquired

 3  for stock purposes except as provided in s. 319.225.

 4         Section 34.  Subsections (2) and (3) of section 319.27,

 5  Florida Statutes, are amended to read:

 6         319.27  Notice of lien on motor vehicles or mobile

 7  homes; notation on certificate; recording of lien.--

 8         (2)  No lien for purchase money or as security for a

 9  debt in the form of a security agreement, retain title

10  contract, conditional bill of sale, chattel mortgage, or other

11  similar instrument or any other nonpossessory lien, including

12  a lien for child support, upon a motor vehicle or mobile home

13  upon which a Florida certificate of title has been issued

14  shall be enforceable in any of the courts of this state

15  against creditors or subsequent purchasers for a valuable

16  consideration and without notice, unless a sworn notice of

17  such lien has been filed in the department and such lien has

18  been noted upon the certificate of title of the motor vehicle

19  or mobile home. Such notice shall be effective as constructive

20  notice when filed. No interest of a statutory nonpossessory

21  lienor; the interest of a nonpossessory execution, attachment,

22  or equitable lienor; or the interest of a lien creditor as

23  defined in s. 679.1021(1)(zz) s. 679.301(3), if nonpossessory,

24  shall be enforceable against creditors or subsequent

25  purchasers for a valuable consideration unless such interest

26  becomes a possessory lien or is noted upon the certificate of

27  title for the subject motor vehicle or mobile home prior to

28  the occurrence of the subsequent transaction.  Provided the

29  provisions of this subsection relating to a nonpossessory

30  statutory lienor; a nonpossessory execution, attachment, or

31  equitable lienor; or the interest of a lien creditor as

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 1  defined in s. 679.1021(1)(zz) s. 679.301(3) shall not apply to

 2  liens validly perfected prior to October 1, 1988.  The notice

 3  of lien shall provide the following information:

 4         (a)  The date of the lien if a security agreement,

 5  retain title contract, conditional bill of sale, chattel

 6  mortgage, or other similar instrument was executed prior to

 7  the filing of the notice of lien;

 8         (b)  The name and address of the registered owner;

 9         (c)  A description of the motor vehicle or mobile home,

10  showing the make, type, and vehicle identification number; and

11         (d)  The name and address of the lienholder.

12         (3)(a)  A person may file a notice of lien with regard

13  to a motor vehicle or mobile home before a security agreement,

14  retain title contract, conditional bill of sale, chattel

15  mortgage, or other similar instrument is executed granting a

16  lien, mortgage, or encumbrance on, or a security interest in,

17  such motor vehicle or mobile home.

18         (b)  As applied to a determination of the respective

19  rights of a secured party under this chapter and a lien

20  creditor as defined by s. 679.1021(1)(zz) s. 679.301(3), or a

21  nonpossessory statutory lienor, a security interest under this

22  chapter shall be perfected upon the filing of the notice of

23  lien with the department, the county tax collector, or their

24  agents. Provided, however, the date of perfection of a

25  security interest of such secured party shall be the same date

26  as the execution of the security agreement or other similar

27  instrument if the notice of lien is filed in accordance with

28  this subsection within 15 days after the debtor receives

29  possession of the motor vehicle or mobile home and executes

30  such security agreement or other similar instrument. The date

31  of filing of the notice of lien shall be the date of its

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 1  receipt by the department central office in Tallahassee, if

 2  first filed there, or otherwise by the office of the county

 3  tax collector, or their agents.

 4         Section 35.  Paragraph (b) of subsection (1) of section

 5  320.06, Florida Statutes, is amended to read:

 6         320.06  Registration certificates, license plates, and

 7  validation stickers generally.--

 8         (1)

 9         (b)  Registration license plates bearing a graphic

10  symbol and the alphanumeric system of identification shall be

11  issued for a 5-year period. At the end of said 5-year period,

12  upon renewal, the plate shall be replaced. The fee for such

13  replacement shall be $10, $2 of which shall be paid each year

14  before the plate is replaced, to be credited towards the next

15  $10 replacement fee. The fees shall be deposited into the

16  Highway Safety Operating Trust Fund. A credit or refund shall

17  not be given for any prior years' payments of such prorated

18  replacement fee when the plate is replaced or surrendered

19  before the end of the 5-year period, except that a credit may

20  be given when a registrant is required by the department to

21  replace a license plate under s. 320.08056(8)(a). With each

22  license plate, there shall be issued a validation sticker

23  showing the owner's birth month, license plate number, and the

24  year of expiration or the appropriate renewal period if the

25  owner is not a natural person. The validation sticker is to be

26  placed on the upper right corner of the license plate. Such

27  license plate and validation sticker shall be issued based on

28  the applicant's appropriate renewal period. The registration

29  period shall be a period of 12 months, and all expirations

30  shall occur based on the applicant's appropriate registration

31  period. A vehicle with an apportioned registration shall be

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 1  issued an annual license plate and a cab card that denote the

 2  declared gross vehicle weight for each apportioned

 3  jurisdiction in which the vehicle is authorized to operate.

 4         Section 36.  Section 320.0601, Florida Statutes, is

 5  amended to read:

 6         320.0601  Lease and rental car companies;

 7  identification of vehicles as for-hire.--

 8         (1)  A rental car company may not rent in this state

 9  any for-hire vehicle, other than vehicles designed to

10  transport cargo, that has affixed to its exterior any bumper

11  stickers, insignias, or advertising that identifies the

12  vehicle as a rental vehicle.

13         (2)  As used in this section, the term:

14         (a)  "Bumper stickers, insignias, or advertising" does

15  not include:

16         1.  Any emblem of no more than two colors which is less

17  than 2 inches by 4 inches, which is placed on the rental car

18  for inventory purposes only, and which does not display the

19  name or logo of the rental car company; or

20         2.  Any license required by the law of the state in

21  which the vehicle is registered.

22         (b)  "Rent in this state" means to sign a rental

23  contract in this state or to deliver a car to a renter in this

24  state.

25         (3)  A rental car company that leases a motor vehicle

26  that is found to be in violation of this section shall be

27  punished by a fine of $500 per occurrence.

28         (4)  Any registration or renewal as required under s.

29  320.02 for an original or transfer of a long-term leased motor

30  vehicle must be in the name and address of the lessee.

31  

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 1         Section 37.  Section 320.0605, Florida Statutes, is

 2  amended to read:

 3         320.0605  Certificate of registration; possession

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

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

 6  agreement issued for a motor vehicle or issued for a

 7  replacement vehicle in the same registration period, a

 8  temporary receipt printed upon self-initiated electronic

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

10  issued for a vehicle registered under the International

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

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

13  possession of the operator thereof or be carried in the

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

15  any authorized law enforcement officer or any agent of the

16  department, except for a vehicle registered under s. 320.0657.

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

18  30 days after purchase of a replacement vehicle. A violation

19  of this section is a noncriminal traffic infraction,

20  punishable as a nonmoving violation as provided in chapter

21  318.

22         Section 38.  Section 320.0843, Florida Statutes, is

23  amended to read:

24         320.0843  License plates for persons with disabilities

25  eligible for permanent disabled parking permits.--

26         (1)  Any owner or lessee of a motor vehicle who resides

27  in this state and qualifies for a disabled parking permit

28  under s. 320.0848(2), upon application to the department and

29  payment of the license tax for a motor vehicle registered

30  under s. 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b),

31  (6)(a), or (9)(c) or (d), shall be issued a license plate as

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 1  provided by s. 320.06 which, in lieu of the serial number

 2  prescribed by s. 320.06, shall be stamped with the

 3  international wheelchair user symbol after the serial number

 4  of the license plate.  The license plate entitles the person

 5  to all privileges afforded by a parking permit issued under s.

 6  320.0848. When more that one registrant is listed on the

 7  registration issued under this section, the eligible applicant

 8  shall be noted on the registration certificate.

 9         (2)  All applications for such license plates must be

10  made to the department.

11         Section 39.  Subsection (8) is added to section

12  320.131, Florida Statutes, to read:

13         320.131  Temporary tags.--

14         (8)  The department may administer an electronic system

15  for licensed motor vehicle dealers to use in issuing temporary

16  license plates. Upon issuing a temporary license plate, the

17  dealer shall access the electronic system and enter the

18  appropriate vehicle and owner information within the timeframe

19  specified by department rule. If a dealer fails to comply with

20  the department's requirements for issuing temporary license

21  plates using the electronic system, the department may deny,

22  suspend, or revoke a license under s. 320.27(9)(b)16. upon

23  proof that the licensee has failed to comply with the

24  department's requirements. The department may adopt rules to

25  administer this section.

26         Section 40.  Subsection (1) of section 320.18, Florida

27  Statutes, is amended to read:

28         320.18  Withholding registration.--

29         (1)  The department may withhold the registration of

30  any motor vehicle or mobile home the owner of which has failed

31  to register it under the provisions of law for any previous

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 1  period or periods for which it appears registration should

 2  have been made in this state, until the tax for such period or

 3  periods is paid. The department may cancel any vehicle  or

 4  vessel registration, driver's license, identification card,

 5  license plate or fuel-use tax decal if the owner pays for the

 6  vehicle or vessel registration, driver's license,

 7  identification card, or license plate, fuel-use tax decal;

 8  pays any administrative, delinquency, or reinstatement fee;,

 9  or pays any tax liability, penalty, or interest specified in

10  chapter 207 by a dishonored check, or if the vehicle owner or

11  motor carrier has failed to pay a penalty for a weight or

12  safety violation issued by the Department of Transportation

13  Motor Carrier Compliance Office. The Department of

14  Transportation and the Department of Highway Safety and Motor

15  Vehicles may impound any commercial motor vehicle that has a

16  canceled license plate or fuel-use tax decal until the tax

17  liability, penalty, and interest specified in chapter 207, the

18  license tax, or the fuel-use decal fee, and applicable

19  administrative fees have been paid for by certified funds.

20         Section 41.  Paragraph (a) of subsection (4),

21  subsection (6), and paragraph (b) of subsection (9) of section

22  320.27, Florida Statutes, are amended to read:

23         320.27  Motor vehicle dealers.--

24         (4)  LICENSE CERTIFICATE.--

25         (a)  A license certificate shall be issued by the

26  department in accordance with such application when the

27  application is regular in form and in compliance with the

28  provisions of this section.  The license certificate may be in

29  the form of a document or a computerized card as determined by

30  the department.  The actual cost of each original, additional,

31  or replacement computerized card shall be borne by the

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 1  licensee and is in addition to the fee for licensure. Such

 2  license, when so issued, entitles the licensee to carry on and

 3  conduct the business of a motor vehicle dealer.  Each license

 4  issued to a franchise motor vehicle dealer expires annually on

 5  December 31 unless revoked or suspended prior to that date.

 6  Each license issued to an independent or wholesale dealer or

 7  auction expires annually on April 30 unless revoked or

 8  suspended prior to that date. Not less than 60 days prior to

 9  the license expiration date, the department shall deliver or

10  mail to each licensee the necessary renewal forms. Each

11  independent dealer shall certify that the dealer principal

12  (owner, partner, officer of the corporation, or director) has

13  completed 8 hours of continuing education prior to filing the

14  renewal forms with the department. Such certification shall be

15  filed once every 2 years commencing with the 2006 renewal

16  period. The continuing education shall include at least 2

17  hours of legal or legislative issues, 1 hour of department

18  issues, and 5 hours of relevant motor vehicle industry topics.

19  Continuing education shall be provided by dealer schools

20  licensed under paragraph (b) either in a classroom setting or

21  by correspondence. Such schools shall provide certificates of

22  completion to the department and the customer which shall be

23  filed with the license renewal form, and such schools may

24  charge a fee for providing continuing education. Any licensee

25  who does not file his or her application and fees and any

26  other requisite documents, as required by law, with the

27  department at least 30 days prior to the license expiration

28  date shall cease to engage in business as a motor vehicle

29  dealer on the license expiration date.  A renewal filed with

30  the department within 45 days after the expiration date shall

31  be accompanied by a delinquent fee of $100.  Thereafter, a new

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 1  application is required, accompanied by the initial license

 2  fee. A license certificate duly issued by the department may

 3  be modified by endorsement to show a change in the name of the

 4  licensee, provided, as shown by affidavit of the licensee, the

 5  majority ownership interest of the licensee has not changed or

 6  the name of the person appearing as franchisee on the sales

 7  and service agreement has not changed. Modification of a

 8  license certificate to show any name change as herein provided

 9  shall not require initial licensure or reissuance of dealer

10  tags; however, any dealer obtaining a name change shall

11  transact all business in and be properly identified by that

12  name.  All documents relative to licensure shall reflect the

13  new name.  In the case of a franchise dealer, the name change

14  shall be approved by the manufacturer, distributor, or

15  importer.  A licensee applying for a name change endorsement

16  shall pay a fee of $25 which fee shall apply to the change in

17  the name of a main location and all additional locations

18  licensed under the provisions of subsection (5).  Each initial

19  license application received by the department shall be

20  accompanied by verification that, within the preceding 6

21  months, the applicant, or one or more of his or her designated

22  employees, has attended a training and information seminar

23  conducted by a licensed motor vehicle dealer training school

24  the department. Such seminar shall include, but is not limited

25  to, statutory dealer requirements, which requirements include

26  required bookkeeping and recordkeeping procedures,

27  requirements for the collection of sales and use taxes, and

28  such other information that in the opinion of the department

29  will promote good business practices.  No seminar may exceed 8

30  hours in length.

31  

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

 2  shall keep a book or record in such form as shall be

 3  prescribed or approved by the department for a period of 5

 4  years, in which the licensee shall keep a record of the

 5  purchase, sale, or exchange, or receipt for the purpose of

 6  sale, of any motor vehicle, the date upon which any temporary

 7  tag was issued, the date of title transfer, and a description

 8  of such motor vehicle together with the name and address of

 9  the seller, the purchaser, and the alleged owner or other

10  person from whom such motor vehicle was purchased or received

11  or to whom it was sold or delivered, as the case may be.  Such

12  description shall include the identification or engine number,

13  maker's number, if any, chassis number, if any, and such other

14  numbers or identification marks as may be thereon and shall

15  also include a statement that a number has been obliterated,

16  defaced, or changed, if such is the fact.

17         (9)  DENIAL, SUSPENSION, OR REVOCATION.--

18         (b)  The department may deny, suspend, or revoke any

19  license issued hereunder or under the provisions of s. 320.77

20  or s. 320.771 upon proof that a licensee has committed, with

21  sufficient frequency so as to establish a pattern of

22  wrongdoing on the part of a licensee, violations of one or

23  more of the following activities:

24         1.  Representation that a demonstrator is a new motor

25  vehicle, or the attempt to sell or the sale of a demonstrator

26  as a new motor vehicle without written notice to the purchaser

27  that the vehicle is a demonstrator. For the purposes of this

28  section, a "demonstrator," a "new motor vehicle," and a "used

29  motor vehicle" shall be defined as under s. 320.60.

30         2.  Unjustifiable refusal to comply with a licensee's

31  responsibility under the terms of the new motor vehicle

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 1  warranty issued by its respective manufacturer, distributor,

 2  or importer. However, if such refusal is at the direction of

 3  the manufacturer, distributor, or importer, such refusal shall

 4  not be a ground under this section.

 5         3.  Misrepresentation or false, deceptive, or

 6  misleading statements with regard to the sale or financing of

 7  motor vehicles which any motor vehicle dealer has, or causes

 8  to have, advertised, printed, displayed, published,

 9  distributed, broadcast, televised, or made in any manner with

10  regard to the sale or financing of motor vehicles.

11         4.  Failure by any motor vehicle dealer to provide a

12  customer or purchaser with an odometer disclosure statement

13  and a copy of any bona fide written, executed sales contract

14  or agreement of purchase connected with the purchase of the

15  motor vehicle purchased by the customer or purchaser.

16         5.  Failure of any motor vehicle dealer to comply with

17  the terms of any bona fide written, executed agreement,

18  pursuant to the sale of a motor vehicle.

19         6.  Failure to apply for transfer of a title as

20  prescribed in s. 319.23(6).

21         7.  Use of the dealer license identification number by

22  any person other than the licensed dealer or his or her

23  designee.

24         8.  Failure to continually meet the requirements of the

25  licensure law.

26         9.  Representation to a customer or any advertisement

27  to the public representing or suggesting that a motor vehicle

28  is a new motor vehicle if such vehicle lawfully cannot be

29  titled in the name of the customer or other member of the

30  public by the seller using a manufacturer's statement of

31  origin as permitted in s. 319.23(1).

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 1         10.  Requirement by any motor vehicle dealer that a

 2  customer or purchaser accept equipment on his or her motor

 3  vehicle which was not ordered by the customer or purchaser.

 4         11.  Requirement by any motor vehicle dealer that any

 5  customer or purchaser finance a motor vehicle with a specific

 6  financial institution or company.

 7         12.  Requirement by any motor vehicle dealer that the

 8  purchaser of a motor vehicle contract with the dealer for

 9  physical damage insurance.

10         13.  Perpetration of a fraud upon any person as a

11  result of dealing in motor vehicles, including, without

12  limitation, the misrepresentation to any person by the

13  licensee of the licensee's relationship to any manufacturer,

14  importer, or distributor.

15         14.  Violation of any of the provisions of s. 319.35 by

16  any motor vehicle dealer.

17         15.  Sale by a motor vehicle dealer of a vehicle

18  offered in trade by a customer prior to consummation of the

19  sale, exchange, or transfer of a newly acquired vehicle to the

20  customer, unless the customer provides written authorization

21  for the sale of the trade-in vehicle prior to delivery of the

22  newly acquired vehicle.

23         16.  Willful failure to comply with any administrative

24  rule adopted by the department or the provisions of s.

25  320.131(8).

26         17.  Violation of chapter 319, this chapter, or ss.

27  559.901-559.9221, which has to do with dealing in or repairing

28  motor vehicles or mobile homes. Additionally, in the case of

29  used motor vehicles, the willful violation of the federal law

30  and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining

31  to the consumer sales window form.

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 1         Section 42.  Subsections (8), (10), and (29) of section

 2  322.01, Florida Statutes, are amended to read:

 3         322.01  Definitions.--As used in this chapter:

 4         (8)  "Commercial motor vehicle" means any motor vehicle

 5  or motor vehicle combination used on the streets or highways,

 6  which:

 7         (a)  Has a gross vehicle weight rating of 26,001 pounds

 8  or more;

 9         (b)  Has a declared weight of 26,001 pounds or more;

10         (c)  Has an actual weight of 26,001 pounds or more;

11         (b)(d)  Is designed to transport more than 15 persons,

12  including the driver; or

13         (c)(e)  Is transporting hazardous materials and is

14  required to be placarded in accordance with Title 49 C.F.R.

15  part 172, subpart F.

16         (10)(a)  "Conviction" means a conviction of an offense

17  relating to the operation of motor vehicles on highways which

18  is a violation of this chapter or any other such law of this

19  state or any other state, including an admission or

20  determination of a noncriminal traffic infraction pursuant to

21  s. 318.14, or a judicial disposition of an offense committed

22  under any federal law substantially conforming to the

23  aforesaid state statutory provisions.

24         (b)  Notwithstanding any other provisions of this

25  chapter, the definition of "conviction" provided in 49 C.F.R.

26  part 383.5 applies to offenses committed in a commercial motor

27  vehicle.

28         (29)  "Out-of-service order" means a prohibition issued

29  by an authorized local, state, or Federal Government official

30  which that precludes a person from driving a commercial motor

31  vehicle for a period of 72 hours or less.

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 1         Section 43.  Subsections (4) and (10) of section

 2  322.05, Florida Statutes, are amended to read:

 3         322.05  Persons not to be licensed.--The department may

 4  not issue a license:

 5         (4)  Except as provided by this subsection, to any

 6  person, as a Class A licensee, Class B licensee, or Class C

 7  licensee, or Class D licensee, who is under the age of 18

 8  years.  A person age 16 or 17 years who applies for a Class D

 9  driver's license is subject to all the requirements and

10  provisions of paragraphs (2)(a) and (b) and ss. 322.09 and

11  322.16(2) and (3). The department may require of any such

12  applicant for a Class D driver's license such examination of

13  the qualifications of the applicant as the department

14  considers proper, and the department may limit the use of any

15  license granted as it considers proper.

16         (10)  To any person, when the department has good cause

17  to believe that the operation of a motor vehicle on the

18  highways by such person would be detrimental to public safety

19  or welfare. Deafness alone shall not prevent the person

20  afflicted from being issued a Class D or Class E driver's

21  license.

22         Section 44.  Paragraph (a) of subsection (1) and

23  paragraphs (b) and (c) of subsection (2) of section 322.051,

24  Florida Statutes, are amended, and subsection (8) is added to

25  that section, to read:

26         322.051  Identification cards.--

27         (1)  Any person who is 12 years of age or older, or any

28  person who has a disability, regardless of age, who applies

29  for a disabled parking permit under s. 320.0848, may be issued

30  an identification card by the department upon completion of an

31  application and payment of an application fee.

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 1         (a)  Each such application shall include the following

 2  information regarding the applicant:

 3         1.  Full name (first, middle or maiden, and last),

 4  gender, social security card number, county of residence and

 5  mailing address, country of birth, and a brief description.

 6         2.  Proof of birth date satisfactory to the department.

 7         3.  Proof of identity satisfactory to the department.

 8  Such proof must include one of the following documents issued

 9  to the applicant:

10         a.  A driver's license record or identification card

11  record from another jurisdiction that required the applicant

12  to submit a document for identification which is substantially

13  similar to a document required under sub-subparagraph b.,

14  sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,

15  or sub-subparagraph f., or sub-subparagraph g.;

16         b.  A certified copy of a United States birth

17  certificate;

18         c.  A valid United States passport;

19         d.  A naturalization certificate issued by the United

20  States Department of Homeland Security;

21         e.d.  An alien registration receipt card (green card);

22         f.e.  An employment authorization card issued by the

23  United States Department of Homeland Security; or

24         g.f.  Proof of nonimmigrant classification provided by

25  the United States Department of Homeland Security, for an

26  original identification card. In order to prove such

27  nonimmigrant classification, applicants may produce but are

28  not limited to the following documents:

29         (I)  A notice of hearing from an immigration court

30  scheduling a hearing on any proceeding.

31  

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 1         (II)  A notice from the Board of Immigration Appeals

 2  acknowledging pendency of an appeal.

 3         (III)  Notice of the approval of an application for

 4  adjustment of status issued by the United States Bureau of

 5  Citizenship and Immigration Services.

 6         (IV)  Any official documentation confirming the filing

 7  of a petition for asylum status or any other relief issued by

 8  the United States Bureau of Citizenship and Immigration

 9  Services.

10         (V)  Notice of action transferring any pending matter

11  from another jurisdiction to Florida, issued by the United

12  States Bureau of Citizenship and Immigration Services.

13         (VI)  Order of an immigration judge or immigration

14  officer granting any relief that authorizes the alien to live

15  and work in the United States including, but not limited to

16  asylum.

17  

18  Presentation of any of the foregoing documents described in

19  sub-subparagraph f. or sub-subparagraph g. entitles shall

20  entitle the applicant to an identification card a driver's

21  license or temporary permit for a period not to exceed the

22  expiration date of the document presented or 2 years,

23  whichever first occurs.

24         (2)

25         (b)  Notwithstanding any other provision of this

26  chapter, if an applicant establishes his or her identity for

27  an identification card using a document authorized under

28  sub-subparagraph (1)(a)3.e. (1)(a)3.d., the identification

29  card shall expire on the fourth birthday of the applicant

30  following the date of original issue or upon first renewal or

31  duplicate issued after implementation of this section. After

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 1  an initial showing of such documentation, he or she is

 2  exempted from having to renew or obtain a duplicate in person.

 3         (c)  Notwithstanding any other provisions of this

 4  chapter, if an applicant establishes his or her identity for

 5  an identification card using an identification document

 6  authorized under sub-subparagraph (1)(a)3.f. or

 7  sub-subparagraph (1)(a)3.g. sub-subparagraphs (1)(a)3.e.-f.,

 8  the identification card shall expire 2 years after the date of

 9  issuance or upon the expiration date cited on the United

10  States Department of Homeland Security documents, whichever

11  date first occurs, and may not be renewed or obtain a

12  duplicate except in person.

13         (8)  The department shall, upon receipt of the required

14  fee, issue to each qualified applicant for an identification

15  card a color photographic or digital image identification card

16  bearing a fullface photograph or digital image of the

17  identification cardholder. Notwithstanding chapter 761 or s.

18  761.05, the requirement for a fullface photograph or digital

19  image of the identification cardholder may not be waived. A

20  space shall be provided upon which the identification

21  cardholder shall affix his or her usual signature, as required

22  in s. 322.14, in the presence of an authorized agent of the

23  department so as to ensure that such signature becomes a part

24  of the identification card.

25         Section 45.  Subsections (2) and (3) of section 322.07,

26  Florida Statutes, are amended to read:

27         322.07  Instruction permits and temporary licenses.--

28         (2)  The department may, in its discretion, issue a

29  temporary permit to an applicant for a Class D or Class E

30  driver's license permitting him or her to operate a motor

31  vehicle of the type for which a Class D or Class E driver's

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 1  license is required while the department is completing its

 2  investigation and determination of all facts relative to such

 3  applicant's right to receive a driver's license.  Such permit

 4  must be in his or her immediate possession while operating a

 5  motor vehicle, and it shall be invalid when the applicant's

 6  license has been issued or for good cause has been refused.

 7         (3)  Any person who, except for his or her lack of

 8  instruction in operating a Class D or commercial motor

 9  vehicle, would otherwise be qualified to obtain a Class D or

10  commercial driver's license under this chapter, may apply for

11  a temporary Class D or temporary commercial instruction

12  permit. The department shall issue such a permit entitling the

13  applicant, while having the permit in his or her immediate

14  possession, to drive a Class D or commercial motor vehicle on

15  the highways, provided that:

16         (a)  The applicant possesses a valid driver's license

17  issued in any state; and

18         (b)  The applicant, while operating a Class D or

19  commercial motor vehicle, is accompanied by a licensed driver

20  who is 21 years of age or older, who is licensed to operate

21  the class of vehicle being operated, and who is actually

22  occupying the closest seat to the right of the driver.

23         Section 46.  Subsection (2) of section 322.08, Florida

24  Statutes, is amended to read:

25         322.08  Application for license.--

26         (2)  Each such application shall include the following

27  information regarding the applicant:

28         (a)  Full name (first, middle or maiden, and last),

29  gender, social security card number, county of residence and

30  mailing address, country of birth, and a brief description.

31  

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 1         (b)  Proof of birth date satisfactory to the

 2  department.

 3         (c)  Proof of identity satisfactory to the department.

 4  Such proof must include one of the following documents issued

 5  to the applicant:

 6         1.  A driver's license record or identification card

 7  record from another jurisdiction that required the applicant

 8  to submit a document for identification which is substantially

 9  similar to a document required under subparagraph 2.,

10  subparagraph 3., subparagraph 4., subparagraph 5., or

11  subparagraph 6., or subparagraph 7.;

12         2.  A certified copy of a United States birth

13  certificate;

14         3.  A valid United States passport;

15         4.  A naturalization certificate issued by the United

16  States Department of Homeland Security;

17         5.4.  An alien registration receipt card (green card);

18         6.5.  An employment authorization card issued by the

19  United States Department of Homeland Security; or

20         7.6.  Proof of nonimmigrant classification provided by

21  the United States Department of Homeland Security, for an

22  original driver's license. In order to prove nonimmigrant

23  classification, an applicant may produce the following

24  documents, including, but not limited to:

25         a.  A notice of hearing from an immigration court

26  scheduling a hearing on any proceeding.

27         b.  A notice from the Board of Immigration Appeals

28  acknowledging pendency of an appeal.

29         c.  A notice of the approval of an application for

30  adjustment of status issued by the United States Immigration

31  and Naturalization Service.

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 1         d.  Any official documentation confirming the filing of

 2  a petition for asylum status or any other relief issued by the

 3  United States Immigration and Naturalization Service.

 4         e.  A notice of action transferring any pending matter

 5  from another jurisdiction to this state issued by the United

 6  States Immigration and Naturalization Service.

 7         f.  An order of an immigration judge or immigration

 8  officer granting any relief that authorizes the alien to live

 9  and work in the United States, including, but not limited to,

10  asylum.

11  

12  Presentation of any of the documents in subparagraph 6. or

13  subparagraph 7. entitles the applicant to a driver's license

14  or temporary permit for a period not to exceed the expiration

15  date of the document presented or 2 years, whichever occurs

16  first.

17         (d)  Whether the applicant has previously been licensed

18  to drive, and, if so, when and by what state, and whether any

19  such license or driving privilege has ever been disqualified,

20  revoked, or suspended, or whether an application has ever been

21  refused, and, if so, the date of and reason for such

22  disqualification, suspension, revocation, or refusal.

23         (e)  Each such application may include fingerprints and

24  other unique biometric means of identity.

25         Section 47.  Paragraph (a) of subsection (1) of section

26  322.09, Florida Statutes, is amended to read:

27         322.09  Application of minors; responsibility for

28  negligence or misconduct of minor.--

29         (1)(a)  The application of any person under the age of

30  18 years for a driver's license must be signed and verified

31  before a person authorized to administer oaths by the father,

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 1  mother, or guardian; by a secondary guardian if the primary

 2  guardian dies before the minor reaches 18 years of age;, or,

 3  if there is no parent or guardian, by another responsible

 4  adult who is willing to assume the obligation imposed under

 5  this chapter upon a person signing the application of a minor.

 6  This section does not apply to a person under the age of 18

 7  years who is emancipated by marriage.

 8         Section 48.  Section 322.11, Florida Statutes, is

 9  amended to read:

10         322.11  Revocation of license upon death of person

11  signing minor's application.--The department, upon receipt of

12  satisfactory evidence of the death of the person who signed

13  the application of a minor for a license, shall, 90 days after

14  giving written notice to the minor, cancel such license and

15  may shall not issue a new license until such time as the new

16  application, duly signed and verified, is made as required by

17  this chapter.  This provision does shall not apply if in the

18  event the minor has attained the age of 18 years.

19         Section 49.  Subsection (3) of section 322.12, Florida

20  Statutes, is amended to read:

21         322.12  Examination of applicants.--

22         (3)  For an applicant for a Class D or a Class E

23  driver's license, such examination shall include a test of the

24  applicant's eyesight given by the driver's license examiner

25  designated by the department or by a licensed ophthalmologist,

26  optometrist, or physician and a test of the applicant's

27  hearing given by a driver's license examiner or a licensed

28  physician.  The examination shall also include a test of the

29  applicant's ability to read and understand highway signs

30  regulating, warning, and directing traffic; his or her

31  knowledge of the traffic laws of this state, including laws

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 1  regulating driving under the influence of alcohol or

 2  controlled substances, driving with an unlawful blood-alcohol

 3  level, and driving while intoxicated; and his or her knowledge

 4  of the effects of alcohol and controlled substances upon

 5  persons and the dangers of driving a motor vehicle while under

 6  the influence of alcohol or controlled substances and shall

 7  include an actual demonstration of ability to exercise

 8  ordinary and reasonable control in the operation of a motor

 9  vehicle.

10         Section 50.  Subsection (4) of section 322.135, Florida

11  Statutes, is amended, and subsection (9) is added to that

12  section, to read:

13         322.135  Driver's license agents.--

14         (4)  A tax collector may not issue or renew a driver's

15  license if he or she has any reason to believe that the

16  licensee or prospective licensee is physically or mentally

17  unqualified to operate a motor vehicle. The tax collector may

18  shall direct any such licensee to the department for

19  examination or reexamination under s. 322.221.

20         (9)  Notwithstanding chapter 116, each county officer

21  within this state who is authorized to collect funds provided

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

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

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

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

26  shall be made by means of electronic funds transfers.

27         Section 51.  Subsection (1) of section 322.142, Florida

28  Statutes, is amended to read:

29         322.142  Color photographic or digital imaged

30  licenses.--

31  

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 1         (1)  The department shall, upon receipt of the required

 2  fee, issue to each qualified applicant for a an original

 3  driver's license a color photographic or digital imaged

 4  driver's license bearing a fullface photograph or digital

 5  image of the licensee. Notwithstanding chapter 761 or s.

 6  761.05, the requirement for a fullface photograph or digital

 7  image of the licensee may not be waived. A space shall be

 8  provided upon which the licensee shall affix his or her usual

 9  signature, as required in s. 322.14, in the presence of an

10  authorized agent of the department so as to ensure that such

11  signature becomes a part of the license.

12         Section 52.  Paragraph (a) of subsection (1) and

13  subsection (2) of section 322.161, Florida Statutes, are

14  amended to read:

15         322.161  High-risk drivers; restricted licenses.--

16         (1)(a)  Notwithstanding any provision of law to the

17  contrary, the department shall restrict the driving privilege

18  of any Class D or Class E licensee who is age 15 through 17

19  and who has accumulated six or more points pursuant to s.

20  318.14, excluding parking violations, within a 12-month

21  period.

22         (2)(a)  Any Class E licensee who is age 15 through 17

23  and who has accumulated six or more points pursuant to s.

24  318.14, excluding parking violations, within a 12-month period

25  shall not be eligible to obtain a Class D license for a period

26  of no less than 1 year.  The period of ineligibility shall

27  begin on the date of conviction for the violation that results

28  in the licensee's accumulation of six or more points.

29         (b)  The period of ineligibility shall automatically

30  expire after 1 year if the licensee does not accumulate any

31  additional points.  If the licensee accumulates any additional

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 1  points, then the period of ineligibility shall be extended 90

 2  days for each point.  The period of ineligibility shall also

 3  automatically expire upon the licensee's 18th birthday if no

 4  other grounds for ineligibility exist.

 5         Section 53.  Subsection (3) of section 322.17, Florida

 6  Statutes, is amended to read:

 7         322.17  Duplicate and replacement certificates.--

 8         (3)  Notwithstanding any other provisions of this

 9  chapter, if a licensee establishes his or her identity for a

10  driver's license using an identification document authorized

11  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the

12  licensee may not obtain a duplicate or replacement instruction

13  permit or driver's license except in person and upon

14  submission of an identification document authorized under s.

15  322.08(2)(c)6. or 7 s. 322.08(2)(c)5.-6.

16         Section 54.  Subsections (2) and (4) of section 322.18,

17  Florida Statutes, are amended to read:

18         322.18  Original applications, licenses, and renewals;

19  expiration of licenses; delinquent licenses.--

20         (2)  Each applicant who is entitled to the issuance of

21  a driver's license, as provided in this section, shall be

22  issued a driver's license, as follows:

23         (a)  An applicant applying for an original issuance

24  shall be issued a driver's license which expires at midnight

25  on the licensee's birthday which next occurs on or after the

26  sixth anniversary of the date of issue.

27         (b)  An applicant applying for a renewal issuance or

28  renewal extension shall be issued a driver's license or

29  renewal extension sticker which expires at midnight on the

30  licensee's birthday which next occurs 4 years after the month

31  of expiration of the license being renewed, except that a

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 1  driver whose driving record reflects no convictions for the

 2  preceding 3 years shall be issued a driver's license or

 3  renewal extension sticker which expires at midnight on the

 4  licensee's birthday which next occurs 6 years after the month

 5  of expiration of the license being renewed.

 6         (c)  Notwithstanding any other provision of this

 7  chapter, if an applicant establishes his or her identity for a

 8  driver's license using a document authorized under s.

 9  322.08(2)(c)5. s. 322.08(2)(c)4., the driver's license shall

10  expire in accordance with paragraph (b). After an initial

11  showing of such documentation, he or she is exempted from

12  having to renew or obtain a duplicate in person.

13         (d)  Notwithstanding any other provision of this

14  chapter, if applicant establishes his or her identity for a

15  driver's license using a document authorized in s.

16  322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the driver's

17  license shall expire 2 4 years after the date of issuance or

18  upon the expiration date cited on the United States Department

19  of Homeland Security documents, whichever date first occurs.

20         (e)  Notwithstanding any other provision of this

21  chapter, an applicant applying for an original or renewal

22  issuance of a commercial driver's license as defined in s.

23  322.01(7), with a hazardous-materials endorsement, pursuant to

24  s. 322.57(1)(e), shall be issued a driver's license that

25  expires at midnight on the licensee's birthday that next

26  occurs 4 years after the month of expiration of the license

27  being issued or renewed.

28         (4)(a)  Except as otherwise provided in this chapter,

29  all licenses shall be renewable every 4 years or 6 years,

30  depending upon the terms of issuance and shall be issued or

31  extended upon application, payment of the fees required by s.

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 1  322.21, and successful passage of any required examination,

 2  unless the department has reason to believe that the licensee

 3  is no longer qualified to receive a license.

 4         (b)  Notwithstanding any other provision of this

 5  chapter, if an applicant establishes his or her identity for a

 6  driver's license using a document authorized under s.

 7  322.08(2)(c)5. s. 322.08(2)(c)4., the license, upon an initial

 8  showing of such documentation, is exempted from having to

 9  renew or obtain a duplicate in person, unless the renewal or

10  duplication coincides with the periodic reexamination of a

11  driver as required pursuant to s. 322.121.

12         (c)  Notwithstanding any other provision of this

13  chapter, if a licensee establishes his or her identity for a

14  driver's license using an identification document authorized

15  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the

16  licensee may not renew the driver's license except in person

17  and upon submission of an identification document authorized

18  under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's

19  license renewed under this paragraph expires 4 years after the

20  date of issuance or upon the expiration date cited on the

21  United States Department of Homeland Security documents,

22  whichever date first occurs.

23         Section 55.  Subsection (4) of section 322.19, Florida

24  Statutes, is amended to read:

25         322.19  Change of address or name.--

26         (4)  Notwithstanding any other provision of this

27  chapter, if a licensee established his or her identity for a

28  driver's license using an identification document authorized

29  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the

30  licensee may not change his or her name or address except in

31  

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 1  person and upon submission of an identification document

 2  authorized under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.

 3         Section 56.  Subsection (1) of section 322.21, Florida

 4  Statutes, is amended to read:

 5         322.21  License fees; procedure for handling and

 6  collecting fees.--

 7         (1)  Except as otherwise provided herein, the fee for:

 8         (a)  An original or renewal commercial driver's license

 9  is $50, which shall include the fee for driver education

10  provided by s. 1003.48; however, if an applicant has completed

11  training and is applying for employment or is currently

12  employed in a public or nonpublic school system that requires

13  the commercial license, the fee shall be the same as for a

14  Class E driver's license.  A delinquent fee of $1 shall be

15  added for a renewal made not more than 12 months after the

16  license expiration date.

17         (b)  An original Class D or Class E driver's license is

18  $20, which shall include the fee for driver's education

19  provided by s. 1003.48; however, if an applicant has completed

20  training and is applying for employment or is currently

21  employed in a public or nonpublic school system that requires

22  a commercial driver license, the fee shall be the same as for

23  a Class E license.

24         (c)  The renewal or extension of a Class D or Class E

25  driver's license or of a license restricted to motorcycle use

26  only is $15, except that a delinquent fee of $1 shall be added

27  for a renewal or extension made not more than 12 months after

28  the license expiration date.  The fee provided in this

29  paragraph shall include the fee for driver's education

30  provided by s. 1003.48.

31  

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 1         (d)  An original driver's license restricted to

 2  motorcycle use only is $20, which shall include the fee for

 3  driver's education provided by s. 1003.48.

 4         (e)  Each endorsement required by s. 322.57 is $5.

 5         (f)  A hazardous-materials endorsement, as required by

 6  s. 322.57(1)(d), shall be set by the department by rule and

 7  shall reflect the cost of the required criminal history check,

 8  including the cost of the state and federal fingerprint check,

 9  and the cost to the department of providing and issuing the

10  license.  The fee shall not exceed $100. This fee shall be

11  deposited in the Highway Safety Operating Trust Fund. The

12  department may adopt rules to administer this section.

13         Section 57.  Present subsection (7) of section 322.212,

14  Florida Statutes, is redesignated as subsection (8), and a new

15  subsection (7) is added to that section, to read:

16         322.212  Unauthorized possession of, and other unlawful

17  acts in relation to, driver's license or identification

18  card.--

19         (7)  In addition to any other penalties provided by

20  this section, any person who provides false information when

21  applying for a commercial driver's license shall be

22  disqualified from operating a commercial motor vehicle for a

23  period of 60 days.

24         Section 58.  Subsection (1) of section 322.22, Florida

25  Statutes, is amended to read:

26         322.22  Authority of department to cancel license.--

27         (1)  The department is authorized to cancel any

28  driver's license, upon determining that the licensee was not

29  entitled to the issuance thereof, or that the licensee failed

30  to give the required or correct information in his or her

31  application or committed any fraud in making such application,

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 1  or that the licensee has two or more licenses on file with the

 2  department, each in a different name but bearing the

 3  photograph of the licensee, unless the licensee has complied

 4  with the requirements of this chapter in obtaining the

 5  licenses. The department may cancel any driver's license,

 6  identification card, vehicle or vessel registration, or

 7  fuel-use decal if the licensee fails to pay the correct fee or

 8  pays for the driver's license, identification card, vehicle

 9  or vessel registration, or fuel-use decal; pays any tax

10  liability, penalty, or interest specified in chapter 207; or

11  pays any administrative, delinquency, or reinstatement fee by

12  a dishonored check.

13         Section 59.  Subsections (4) and (5) of section

14  322.251, Florida Statutes, are amended to read:

15         322.251  Notice of cancellation, suspension,

16  revocation, or disqualification of license.--

17         (4)  A person whose privilege to operate a commercial

18  motor vehicle is temporarily disqualified may, upon

19  surrendering his or her commercial driver's license, be issued

20  a Class D or Class E driver's license, valid for the length of

21  his or her unexpired commercial driver's license, at no cost.

22  Such person may, upon the completion of his or her

23  disqualification, be issued a commercial driver's license, of

24  the type disqualified, for the remainder of his or her

25  unexpired license period.  Any such person shall pay the

26  reinstatement fee provided in s. 322.21 before being issued a

27  commercial driver's license.

28         (5)  A person whose privilege to operate a commercial

29  motor vehicle is permanently disqualified may, upon

30  surrendering his or her commercial driver's license, be issued

31  a Class D or Class E driver's license, if he or she is

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 1  otherwise qualified to receive such license.  Any such person

 2  shall be issued a Class D or Class E license, valid for the

 3  remainder of his or her unexpired license period, at no cost.

 4         Section 60.  Subsections (1), (7), (10), and (11) of

 5  section 322.2615, Florida Statutes, are amended to read:

 6         322.2615  Suspension of license; right to review.--

 7         (1)(a)  A law enforcement officer or correctional

 8  officer shall, on behalf of the department, suspend the

 9  driving privilege of a person who has been arrested by a law

10  enforcement officer for a violation of s. 316.193, relating to

11  unlawful blood-alcohol level or breath-alcohol level, or of a

12  person who has refused to submit to a breath, urine, or blood

13  test authorized by s. 316.1932.  The officer shall take the

14  person's driver's license and issue the person a 10-day

15  temporary permit if the person is otherwise eligible for the

16  driving privilege and shall issue the person a notice of

17  suspension. If a blood test has been administered, the results

18  of which are not available to the officer at the time of the

19  arrest, the agency employing the officer shall transmit such

20  results to the department within 5 days after receipt of the

21  results.  If the department then determines that the person

22  was arrested for a violation of s. 316.193 and that the person

23  had a blood-alcohol level or breath-alcohol level of 0.08 or

24  higher, the department shall suspend the person's driver's

25  license pursuant to subsection (3).

26         (b)  The suspension under paragraph (a) shall be

27  pursuant to, and the notice of suspension shall inform the

28  driver of, the following:

29         1.a.  The driver refused to submit to a lawful breath,

30  blood, or urine test and his or her driving privilege is

31  suspended for a period of 1 year for a first refusal or for a

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 1  period of 18 months if his or her driving privilege has been

 2  previously suspended as a result of a refusal to submit to

 3  such a test; or

 4         b.  The driver violated s. 316.193 by driving with an

 5  unlawful blood-alcohol level or breath-alcohol level as

 6  provided in that section and his or her driving privilege is

 7  suspended for a period of 6 months for a first offense or for

 8  a period of 1 year if his or her driving privilege has been

 9  previously suspended for a violation of s. 316.193.

10         2.  The suspension period shall commence on the date of

11  arrest or issuance of the notice of suspension, whichever is

12  later.

13         3.  The driver may request a formal or informal review

14  of the suspension by the department within 10 days after the

15  date of arrest or issuance of the notice of suspension,

16  whichever is later.

17         4.  The temporary permit issued at the time of arrest

18  will expire at midnight of the 10th day following the date of

19  arrest or issuance of the notice of suspension, whichever is

20  later.

21         5.  The driver may submit to the department any

22  materials relevant to the arrest.

23         (7)  In a formal review hearing under subsection (6) or

24  an informal review hearing under subsection (4), the hearing

25  officer shall determine by a preponderance of the evidence

26  whether sufficient cause exists to sustain, amend, or

27  invalidate the suspension.  The scope of the review shall be

28  limited to the following issues:

29         (a)  If the license was suspended for driving with an

30  unlawful blood-alcohol level or breath-alcohol level in

31  violation of s. 316.193:

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 1         1.  Whether the arresting law enforcement officer had

 2  probable cause to believe that the person was driving or in

 3  actual physical control of a motor vehicle in this state while

 4  under the influence of alcoholic beverages or controlled

 5  substances.

 6         2.  Whether the person was placed under lawful arrest

 7  for a violation of s. 316.193.

 8         3.  Whether the person had an unlawful blood-alcohol

 9  level or breath-alcohol level as provided in s. 316.193.

10         (b)  If the license was suspended for refusal to submit

11  to a breath, blood, or urine test:

12         1.  Whether the arresting law enforcement officer had

13  probable cause to believe that the person was driving or in

14  actual physical control of a motor vehicle in this state while

15  under the influence of alcoholic beverages or controlled

16  substances.

17         2.  Whether the person was placed under lawful arrest

18  for a violation of s. 316.193.

19         3.  Whether the person refused to submit to any such

20  test after being requested to do so by a law enforcement

21  officer or correctional officer.

22         4.  Whether the person was told that if he or she

23  refused to submit to such test his or her privilege to operate

24  a motor vehicle would be suspended for a period of 1 year or,

25  in the case of a second or subsequent refusal, for a period of

26  18 months.

27         (10)  A person whose driver's license is suspended

28  under subsection (1) or subsection (3) may apply for issuance

29  of a license for business or employment purposes only if the

30  person is otherwise eligible for the driving privilege

31  pursuant to s. 322.271.

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 1         (a)  If the suspension of the driver's license of the

 2  person for failure to submit to a breath, urine, or blood test

 3  is sustained, the person is not eligible to receive a license

 4  for business or employment purposes only, pursuant to s.

 5  322.271, until 90 days have elapsed after the expiration of

 6  the last temporary permit issued.  If the driver is not issued

 7  a 10-day permit pursuant to this section or s. 322.64 because

 8  he or she is ineligible for the permit and the suspension for

 9  failure to submit to a breath, urine, or blood test is not

10  invalidated by the department, the driver is not eligible to

11  receive a business or employment license pursuant to s.

12  322.271 until 90 days have elapsed from the date of the

13  suspension.

14         (b)  If the suspension of the driver's license of the

15  person arrested for a violation of s. 316.193, relating to

16  unlawful blood-alcohol level, or breath-alcohol level is

17  sustained, the person is not eligible to receive a license for

18  business or employment purposes only pursuant to s. 322.271

19  until 30 days have elapsed after the expiration of the last

20  temporary permit issued.  If the driver is not issued a 10-day

21  permit pursuant to this section or s. 322.64 because he or she

22  is ineligible for the permit and the suspension for a

23  violation of s. 316.193, relating to unlawful blood-alcohol

24  level, is not invalidated by the department, the driver is not

25  eligible to receive a business or employment license pursuant

26  to s. 322.271 until 30 days have elapsed from the date of the

27  arrest.

28         (11)  The formal review hearing may be conducted upon a

29  review of the reports of a law enforcement officer or a

30  correctional officer, including documents relating to the

31  administration of a breath test or blood test or the refusal

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 1  to take either test or the refusal to take a urine test.

 2  However, as provided in subsection (6), the driver may

 3  subpoena the officer or any person who administered or

 4  analyzed a breath or blood test.

 5         Section 61.  Paragraph (d) of subsection (3) of section

 6  322.27, Florida Statutes, is amended to read:

 7         322.27  Authority of department to suspend or revoke

 8  license.--

 9         (3)  There is established a point system for evaluation

10  of convictions of violations of motor vehicle laws or

11  ordinances, and violations of applicable provisions of s.

12  403.413(6)(b) when such violations involve the use of motor

13  vehicles, for the determination of the continuing

14  qualification of any person to operate a motor vehicle. The

15  department is authorized to suspend the license of any person

16  upon showing of its records or other good and sufficient

17  evidence that the licensee has been convicted of violation of

18  motor vehicle laws or ordinances, or applicable provisions of

19  s. 403.413(6)(b), amounting to 12 or more points as determined

20  by the point system. The suspension shall be for a period of

21  not more than 1 year.

22         (d)  The point system shall have as its basic element a

23  graduated scale of points assigning relative values to

24  convictions of the following violations:

25         1.  Reckless driving, willful and wanton--4 points.

26         2.  Leaving the scene of a crash resulting in property

27  damage of more than $50--6 points.

28         3.  Unlawful speed resulting in a crash--6 points.

29         4.  Passing a stopped school bus--4 points.

30         5.  Unlawful speed:

31  

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 1         a.  Not in excess of 15 miles per hour of lawful or

 2  posted speed--3 points.

 3         b.  In excess of 15 miles per hour of lawful or posted

 4  speed--4 points.

 5         6.  All other moving violations (including parking on a

 6  highway outside the limits of a municipality)--3 points.

 7  However, no points shall be imposed for a violation of s.

 8  316.0741 or s. 316.2065(12).

 9         7.  Any moving violation covered above, excluding

10  unlawful speed, resulting in a crash--4 points.

11         8.  Any conviction under s. 403.413(6)(b) s.

12  403.413(5)(b)--3 points.

13         9.  Any conviction under s. 316.0775(2)--4 points.

14         Section 62.  Section 322.30, Florida Statutes, is

15  amended to read:

16         322.30  No operation under foreign license during

17  suspension, revocation, or disqualification in this state.--

18         (1)  Any resident or nonresident whose driver's license

19  or right or privilege to operate a motor vehicle in this state

20  has been suspended, revoked, or disqualified as provided in

21  this chapter, shall not operate a motor vehicle in this state

22  under a license, permit, or registration certificate issued by

23  any other jurisdiction or otherwise during such suspension,

24  revocation, or disqualification until a new license is

25  obtained.

26         (2)  Notwithstanding subsection (1), any commercial

27  motor vehicle operator whose privilege to operate such vehicle

28  is disqualified may operate a motor vehicle in this state as a

29  Class D or Class E licensee, if authorized by this chapter.

30  

31  

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 1         Section 63.  Paragraph (b) of subsection (2) and

 2  subsections (4), (5), and (6) of section 322.53, Florida

 3  Statutes, are amended to read:

 4         322.53  License required; exemptions.--

 5         (2)  The following persons are exempt from the

 6  requirement to obtain a commercial driver's license:

 7         (b)  Military personnel driving military vehicles

 8  operated for military purposes.

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

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

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

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

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

14  or her exemption is granted.

15         (4)(5)  A resident who is exempt from obtaining a

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

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

18  drive a commercial motor vehicle pursuant to the exemption

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

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

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

22         (5)(6)  The department shall adopt rules and enter into

23  necessary agreements with other jurisdictions to provide for

24  the operation of commercial vehicles by nonresidents pursuant

25  to the exemption granted in subsection (2).

26         Section 64.  Subsection (2) of section 322.54, Florida

27  Statutes, is amended to read:

28         322.54  Classification.--

29         (2)  The department shall issue, pursuant to the

30  requirements of this chapter, drivers' licenses in accordance

31  with the following classifications:

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 1         (a)  Any person who drives a motor vehicle combination

 2  having a gross vehicle weight rating, a declared weight, or an

 3  actual weight, whichever is greatest, of 26,001 pounds or more

 4  must possess a valid Class A driver's license, provided the

 5  gross vehicle weight rating, declared weight, or actual

 6  weight, whichever is greatest, of the vehicle being towed is

 7  more than 10,000 pounds.  Any person who possesses a valid

 8  Class A driver's license may, subject to the appropriate

 9  restrictions and endorsements, drive any class of motor

10  vehicle within this state.

11         (b)  Any person, except a person who possesses a valid

12  Class A driver's license, who drives a motor vehicle having a

13  gross vehicle weight rating, a declared weight, or an actual

14  weight, whichever is greatest, of 26,001 pounds or more must

15  possess a valid Class B driver's license.  Any person, except

16  a person who possesses a valid Class A driver's license, who

17  drives such vehicle towing a vehicle having a gross vehicle

18  weight rating, a declared weight, or an actual weight,

19  whichever is greatest, of 10,000 pounds or less must possess a

20  valid Class B driver's license.  Any person who possesses a

21  valid Class B driver's license may, subject to the appropriate

22  restrictions and endorsements, drive any class of motor

23  vehicle, other than the type of motor vehicle for which a

24  Class A driver's license is required, within this state.

25         (c)  Any person, except a person who possesses a valid

26  Class A or a valid Class B driver's license, who drives a

27  motor vehicle combination having a gross vehicle weight

28  rating, a declared weight, or an actual weight, whichever is

29  greatest, of 26,001 pounds or more must possess a valid Class

30  C driver's license.  Any person, except a person who possesses

31  a valid Class A or a valid Class B driver's license, who

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 1  drives a motor vehicle combination having a gross vehicle

 2  weight rating, a declared weight, or an actual weight,

 3  whichever is greatest, of less than 26,001 pounds and who is

 4  required to obtain an endorsement pursuant to paragraph

 5  (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d),

 6  or paragraph (1)(e) of s. 322.57, must possess a valid Class C

 7  driver's license that is clearly restricted to the operation

 8  of a motor vehicle or motor vehicle combination of less than

 9  26,001 pounds.  Any person who possesses a valid Class C

10  driver's license may, subject to the appropriate restrictions

11  and endorsements, drive any class of motor vehicle, other than

12  the type of motor vehicle for which a Class A or a Class B

13  driver's license is required, within this state.

14         (d)  Any person, except a person who possesses a valid

15  Class A, valid Class B, or valid Class C driver's license, who

16  drives a truck or a truck tractor having a gross vehicle

17  weight rating, a declared weight, or an actual weight,

18  whichever is greatest, of 8,000 pounds or more but less than

19  26,001 pounds, or which has a width of more than 80 inches

20  must possess a valid Class D driver's license. Any person who

21  possesses a valid Class D driver's license may, subject to the

22  appropriate restrictions and endorsements, drive any type of

23  motor vehicle, other than the type of motor vehicle for which

24  a Class A, Class B, or Class C driver's license is required,

25  within this state.

26         (d)(e)  Any person, except a person who possesses a

27  valid Class A, valid Class B, or valid Class C, or valid Class

28  D driver's license, who drives a motor vehicle must possess a

29  valid Class E driver's license.  Any person who possesses a

30  valid Class E driver's license may, subject to the appropriate

31  restrictions and endorsements, drive any type of motor

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 1  vehicle, other than the type of motor vehicle for which a

 2  Class A, Class B, or Class C, or Class D driver's license is

 3  required, within this state.

 4         Section 65.  Subsections (1) and (2) of section 322.57,

 5  Florida Statutes, are amended to read:

 6         322.57  Tests of knowledge concerning specified

 7  vehicles; endorsement; nonresidents; violations.--

 8         (1)  In addition to fulfilling any other driver's

 9  licensing requirements of this chapter, a person who:

10         (a)  Drives a double or triple trailer must

11  successfully complete a test of his or her knowledge

12  concerning the safe operation of such vehicles.

13         (b)  Drives a passenger vehicle must successfully

14  complete a test of his or her knowledge concerning the safe

15  operation of such vehicles and a test of his or her driving

16  skill in such a vehicle.

17         (c)  Drives a school bus must successfully complete a

18  test of his or her knowledge concerning the safe operation of

19  such vehicles and a test of his or her driving skill in such a

20  vehicle. This subsection shall be implemented in accordance

21  with 49 C.F.R. part 383.123.

22         (d)(c)  Drives a tank vehicle must successfully

23  complete a test of his or her knowledge concerning the safe

24  operation of such vehicles.

25         (e)(d)  Drives a vehicle that transports hazardous

26  materials and that is required to be placarded in accordance

27  with Title 49 C.F.R. part 172, subpart F, must successfully

28  complete a test of his or her knowledge concerning the safe

29  operation of such vehicles. Knowledge tests for

30  hazardous-materials endorsements may not be administered

31  

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 1  orally for individuals applying for an initial

 2  hazardous-materials endorsement after June 30, 1994.

 3         (f)(e)  Operates a tank vehicle transporting hazardous

 4  materials must successfully complete the tests required in

 5  paragraphs (d) (c) and (e) (d) so that the department may

 6  issue a single endorsement permitting him or her to operate

 7  such tank vehicle.

 8         (g)(f)  Drives a motorcycle must successfully complete

 9  a test of his or her knowledge concerning the safe operation

10  of such vehicles and a test of his or her driving skills on

11  such vehicle.  A person who successfully completes such tests

12  shall be issued an endorsement if he or she is licensed to

13  drive another type of motor vehicle.  A person who

14  successfully completes such tests and who is not licensed to

15  drive another type of motor vehicle shall be issued a Class E

16  driver's license that is clearly restricted to motorcycle use

17  only.

18         (2)  Before driving or operating any vehicle listed in

19  subsection (1), a person must obtain an endorsement on his or

20  her driver's license.  An endorsement under paragraph (a),

21  paragraph (b), paragraph (c), paragraph (d), or paragraph (e),

22  or paragraph (f) of subsection (1) shall be issued only to

23  persons who possess a valid Class A, valid Class B, or valid

24  Class C driver's license.  A person who drives a motor vehicle

25  or motor vehicle combination that requires an endorsement

26  under this subsection and who drives a motor vehicle or motor

27  vehicle combination having a gross vehicle weight rating, a

28  declared weight, or an actual weight, whichever is greatest,

29  of less than 26,000 pounds shall be issued a Class C driver's

30  license that is clearly restricted to the operation of a motor

31  

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 1  vehicle or motor vehicle combination of less than 26,000

 2  pounds.

 3         Section 66.  Paragraph (a) of subsection (1) of section

 4  322.58, Florida Statutes, is amended to read:

 5         322.58  Holders of chauffeur's licenses; effect of

 6  classified licensure.--

 7         (1)  In order to provide for the classified licensure

 8  of commercial motor vehicle drivers, the department shall

 9  require persons who have valid chauffeur's licenses to report

10  on or after April 1, 1991, to the department for classified

11  licensure, according to a schedule developed by the

12  department.

13         (a)  Any person who holds a valid chauffeur's license

14  may continue to operate vehicles for which a Class E D

15  driver's license is required until his or her chauffeur's

16  license expires.

17         Section 67.  Subsections (1), (2), (3), (7), (8), and

18  (10) of section 322.61, Florida Statutes, are amended, and

19  subsections (4) and (5) of that section are reenacted, to

20  read:

21         322.61  Disqualification from operating a commercial

22  motor vehicle.--

23         (1)  A person who, for offenses occurring within a

24  3-year period, is convicted of two of the following serious

25  traffic violations or any combination thereof, arising in

26  separate incidents committed in a commercial motor vehicle

27  shall, in addition to any other applicable penalties, be

28  disqualified from operating a commercial motor vehicle for a

29  period of 60 days. A person who, for offenses occurring within

30  a 3-year period, is convicted of two of the following serious

31  traffic violations or any combination thereof, arising in

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 1  separate incidents committed in a noncommercial motor vehicle

 2  shall, in addition to any other applicable penalties, be

 3  disqualified from operating a commercial motor vehicle for a

 4  period of 60 days if such convictions result in the

 5  suspension, revocation, or cancellation of the licenseholder's

 6  driving privilege:

 7         (a)  A violation of any state or local law relating to

 8  motor vehicle traffic control, other than a parking violation,

 9  a weight violation, or a vehicle equipment violation, arising

10  in connection with a crash resulting in death or personal

11  injury to any person;

12         (b)  Reckless driving, as defined in s. 316.192;

13         (c)  Careless driving, as defined in s. 316.1925;

14         (d)  Fleeing or attempting to elude a law enforcement

15  officer, as defined in s. 316.1935;

16         (e)  Unlawful speed of 15 miles per hour or more above

17  the posted speed limit;

18         (f)  Driving a commercial motor vehicle, owned by such

19  person, which is not properly insured;

20         (g)  Improper lane change, as defined in s. 316.085; or

21         (h)  Following too closely, as defined in s. 316.0895;.

22         (i)  Driving a commercial vehicle without obtaining a

23  commercial driver's license;

24         (j)  Driving a commercial vehicle without a commercial

25  driver's license in possession; or

26         (k)  Driving a commercial vehicle without the proper

27  class of commercial driver's license or without the proper

28  endorsement.

29         (2)  Any person who, for offenses occurring within a

30  3-year period, is convicted of three serious traffic

31  violations specified in subsection (1) or any combination

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 1  thereof, arising in separate incidents committed in a

 2  commercial motor vehicle shall, in addition to any other

 3  applicable penalties, including, but not limited to, the

 4  penalty provided in subsection (1), be disqualified from

 5  operating a commercial motor vehicle for a period of 120 days.

 6  A person who, for offenses occurring within a 3-year period,

 7  is convicted of three serious traffic violations specified in

 8  subsection (1) or any combination thereof, arising in separate

 9  incidents committed in a noncommercial motor vehicle shall, in

10  addition to any other applicable penalties, including, but not

11  limited to, the penalty provided in subsection (1), be

12  disqualified from operating a commercial motor vehicle for a

13  period of 120 days if such convictions result in the

14  suspension, revocation, or cancellation of the licenseholder's

15  driving privilege.

16         (3)  Except as provided in subsection (4), any person

17  who is convicted of one of the following offenses shall, in

18  addition to any other applicable penalties, be disqualified

19  from operating a commercial motor vehicle for a period of 1

20  year:

21         (a)  Driving a commercial motor vehicle while he or she

22  is under the influence of alcohol or a controlled substance;

23         (b)  Driving a commercial motor vehicle while the

24  alcohol concentration of his or her blood, breath, or urine is

25  .04 percent or higher;

26         (c)  Leaving the scene of a crash involving a

27  commercial motor vehicle driven by such person;

28         (d)  Using a commercial motor vehicle in the commission

29  of a felony;

30         (e)  Driving a commercial motor vehicle while in

31  possession of a controlled substance; or

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 1         (f)  Refusing to submit to a test to determine his or

 2  her alcohol concentration while driving a commercial motor

 3  vehicle;.

 4         (g)  Driving a commercial vehicle while the

 5  licenseholder's commercial driver's license is suspended,

 6  revoked, or canceled or while the licenseholder is

 7  disqualified from driving a commercial vehicle; or

 8         (h)  Causing a fatality through the negligent operation

 9  of a commercial motor vehicle.

10         (4)  Any person who is transporting hazardous materials

11  in a vehicle that is required to be placarded in accordance

12  with Title 49 C.F.R. part 172, subpart F shall, upon

13  conviction of an offense specified in subsection (3), be

14  disqualified from operating a commercial motor vehicle for a

15  period of 3 years.  The penalty provided in this subsection

16  shall be in addition to any other applicable penalty.

17         (5)  Any person who is convicted of two violations

18  specified in subsection (3), or any combination thereof,

19  arising in separate incidents shall be permanently

20  disqualified from operating a commercial motor vehicle. The

21  penalty provided in this subsection shall be in addition to

22  any other applicable penalty.

23         (7)  A person whose privilege to operate a commercial

24  motor vehicle is disqualified under this section may, if

25  otherwise qualified, be issued a Class D or Class E driver's

26  license, pursuant to s. 322.251.

27         (8)  A driver who is convicted of or otherwise found to

28  have committed a violation of an out-of-service order while

29  driving a commercial motor vehicle is disqualified as follows:

30  

31  

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 1         (a)  Not less than 90 days nor more than 1 year if the

 2  driver is convicted of or otherwise found to have committed a

 3  first violation of an out-of-service order.

 4         (b)  Not less than 1 year nor more than 5 years if, for

 5  offenses occurring during any 10-year period, the driver is

 6  convicted of or otherwise found to have committed two

 7  violations of out-of-service orders in separate incidents.

 8         (c)  Not less than 3 years nor more than 5 years if,

 9  for offenses occurring during any 10-year period, the driver

10  is convicted of or otherwise found to have committed three or

11  more violations of out-of-service orders in separate

12  incidents.

13         (d)  Not less than 180 days nor more than 2 years if

14  the driver is convicted of or otherwise found to have

15  committed a first violation of an out-of-service order while

16  transporting hazardous materials required to be placarded

17  under the Hazardous Materials Transportation Act, 49 U.S.C.

18  ss. 5101 et seq., or while operating motor vehicles designed

19  to transport more than 15 passengers, including the driver. A

20  driver is disqualified for a period of not less than 3 years

21  nor more than 5 years if, for offenses occurring during any

22  10-year period, the driver is convicted of or otherwise found

23  to have committed any subsequent violations of out-of-service

24  orders, in separate incidents, while transporting hazardous

25  materials required to be placarded under the Hazardous

26  Materials Transportation Act 49 U.S.C. ss. 5101 et seq., or

27  while operating motor vehicles designed to transport more than

28  15 passengers, including the driver.

29         (10)(a)  A driver must be disqualified for not less

30  than 60 days if the driver is convicted of or otherwise found

31  

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 1  to have committed a first violation of a railroad-highway

 2  grade crossing violation.

 3         (b)  A driver must be disqualified for not less than

 4  120 days if, for offenses occurring during any 3-year period,

 5  the driver is convicted of or otherwise found to have

 6  committed a second railroad-highway grade crossing violation

 7  in separate incidents.

 8         (c)  A driver must be disqualified for not less than 1

 9  year if, for offenses occurring during any 3-year period, the

10  driver is convicted of or otherwise found to have committed a

11  third or subsequent railroad-highway grade crossing violation

12  in separate incidents.

13         Section 68.  Subsection (1) and paragraph (a) of

14  subsection (3) of section 322.63, Florida Statutes, are

15  amended to read:

16         322.63  Alcohol or drug testing; commercial motor

17  vehicle operators.--

18         (1)  A person who accepts the privilege extended by the

19  laws of this state of operating a commercial motor vehicle

20  within this state shall, by so operating such commercial motor

21  vehicle, be deemed to have given his or her consent to submit

22  to an approved chemical or physical test of his or her blood

23  or, breath, or urine for the purpose of determining his or her

24  alcohol concentration, and to a urine test or for the purpose

25  of detecting the presence of chemical substances as set forth

26  in s. 877.111 or of controlled substances.

27         (a)  By applying for a commercial driver's license and

28  by accepting and using a commercial driver's license, the

29  person holding the commercial driver's license is deemed to

30  have expressed his or her consent to the provisions of this

31  section.

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 1         (b)  Any person who drives a commercial motor vehicle

 2  within this state and who is not required to obtain a

 3  commercial driver's license in this state is, by his or her

 4  act of driving a commercial motor vehicle within this state,

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

 6  of this section.

 7         (c)  A notification of the consent provision of this

 8  section shall be printed above the signature line on each new

 9  or renewed commercial driver's license issued after March 31,

10  1991.

11         (3)(a)  The breath and blood physical and chemical

12  tests authorized in this section shall be administered

13  substantially in accordance with rules adopted by the

14  Department of Law Enforcement.

15         Section 69.  Subsection (1) of section 322.64, Florida

16  Statutes, is amended, and, for the purpose of incorporating

17  the amendment to section 322.61, Florida Statutes, in a

18  reference thereto, subsection (14) of that section is

19  reenacted, to read:

20         322.64  Holder of commercial driver's license; driving

21  with unlawful blood-alcohol level; refusal to submit to

22  breath, urine, or blood test.--

23         (1)(a)  A law enforcement officer or correctional

24  officer shall, on behalf of the department, disqualify from

25  operating any commercial motor vehicle a person who while

26  operating or in actual physical control of a commercial motor

27  vehicle is arrested for a violation of s. 316.193, relating to

28  unlawful blood-alcohol level or breath-alcohol level, or a

29  person who has refused to submit to a breath, urine, or blood

30  test authorized by s. 322.63 arising out of the operation or

31  actual physical control of a commercial motor vehicle.  Upon

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 1  disqualification of the person, the officer shall take the

 2  person's driver's license and issue the person a 10-day

 3  temporary permit for the operation of noncommercial vehicles

 4  only if the person is otherwise eligible for the driving

 5  privilege and shall issue the person a notice of

 6  disqualification.  If the person has been given a blood,

 7  breath, or urine test, the results of which are not available

 8  to the officer at the time of the arrest, the agency employing

 9  the officer shall transmit such results to the department

10  within 5 days after receipt of the results.  If the department

11  then determines that the person was arrested for a violation

12  of s. 316.193 and that the person had a blood-alcohol level or

13  breath-alcohol level of 0.08 or higher, the department shall

14  disqualify the person from operating a commercial motor

15  vehicle pursuant to subsection (3).

16         (b)  The disqualification under paragraph (a) shall be

17  pursuant to, and the notice of disqualification shall inform

18  the driver of, the following:

19         1.a.  The driver refused to submit to a lawful breath,

20  blood, or urine test and he or she is disqualified from

21  operating a commercial motor vehicle for a period of 1 year,

22  for a first refusal, or permanently, if he or she has

23  previously been disqualified as a result of a refusal to

24  submit to such a test; or

25         b.  The driver violated s. 316.193 by driving with an

26  unlawful blood-alcohol level and he or she is disqualified

27  from operating a commercial motor vehicle for a period of 6

28  months for a first offense or for a period of 1 year if he or

29  she has previously been disqualified, or his or her driving

30  privilege has been previously suspended, for a violation of s.

31  316.193.

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 1         2.  The disqualification period for operating

 2  commercial vehicles shall commence on the date of arrest or

 3  issuance of notice of disqualification, whichever is later.

 4         3.  The driver may request a formal or informal review

 5  of the disqualification by the department within 10 days after

 6  the date of arrest or issuance of notice of disqualification,

 7  whichever is later.

 8         4.  The temporary permit issued at the time of arrest

 9  or disqualification will expire at midnight of the 10th day

10  following the date of disqualification.

11         5.  The driver may submit to the department any

12  materials relevant to the arrest.

13         (14)  The decision of the department under this section

14  shall not be considered in any trial for a violation of s.

15  316.193, s. 322.61, or s. 322.62, nor shall any written

16  statement submitted by a person in his or her request for

17  departmental review under this section be admissible into

18  evidence against him or her in any such trial. The disposition

19  of any related criminal proceedings shall not affect a

20  disqualification imposed pursuant to this section.

21         Section 70.  Paragraphs (c) and (f) of subsection (13)

22  of section 713.78, Florida Statutes, are amended to read:

23         713.78  Liens for recovering, towing, or storing

24  vehicles and vessels.--

25         (13)

26         (c)1.  The registered owner of a vehicle, vessel, or

27  mobile home may dispute a wrecker operator's lien, by

28  notifying the department of the dispute in writing on forms

29  provided by the department, if at least one of the following

30  applies:

31  

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 1         a.  The registered owner presents a notarized bill of

 2  sale proving that the vehicle, vessel, or mobile home was sold

 3  in a private or casual sale before the vehicle, vessel, or

 4  mobile home was recovered, towed, or stored.

 5         b.  The registered owner presents proof that the

 6  Florida certificate of title of the vehicle, vessel, or mobile

 7  home was sold to a licensed dealer as defined in s. 319.001

 8  before the vehicle, vessel, or mobile home was recovered,

 9  towed, or stored.

10         c.  The records of the department were marked "sold"

11  prior to the date of the tow.

12  

13  If the registered owner's dispute of a wrecker operator's lien

14  complies with one of these criteria, the department shall

15  immediately remove the registered owner's name from the list

16  of those persons who may not be issued a license plate or

17  revalidation sticker for any motor vehicle under s. 320.03(8),

18  thereby allowing issuance of a license plate or revalidation

19  sticker. If the vehicle, vessel, or mobile home is owned

20  jointly by more than one person, each registered owner must

21  dispute the wrecker operator's lien in order to be removed

22  from the list. However, the department shall deny any dispute

23  and maintain the registered owner's name on the list of those

24  persons who may not be issued a license plate or revalidation

25  sticker for any motor vehicle under s. 320.03(8) if the

26  wrecker operator has provided the department with a certified

27  copy of the judgment of a court which orders the registered

28  owner to pay the wrecker operator's lien claimed under this

29  section. In such a case, the amount of the wrecker operator's

30  lien allowed by paragraph (b) may be increased to include no

31  more than $500 of the reasonable costs and attorney's fees

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 1  incurred in obtaining the judgment. The department's action

 2  under this subparagraph is ministerial in nature, shall not be

 3  considered final agency action, and is appealable only to the

 4  county court for the county in which the vehicle, vessel, or

 5  mobile home was ordered removed.

 6         2.  A person against whom a wrecker operator's lien has

 7  been imposed may alternatively obtain a discharge of the lien

 8  by filing a complaint, challenging the validity of the lien or

 9  the amount thereof, in the county court of the county in which

10  the vehicle, vessel, or mobile home was ordered removed. Upon

11  filing of the complaint, the person may have her or his name

12  removed from the list of those persons who may not be issued a

13  license plate or revalidation sticker for any motor vehicle

14  under s. 320.03(8), thereby allowing issuance of a license

15  plate or revalidation sticker, upon posting with the court a

16  cash or surety bond or other adequate security equal to the

17  amount of the wrecker operator's lien to ensure the payment of

18  such lien in the event she or he does not prevail. Upon the

19  posting of the bond and the payment of the applicable fee set

20  forth in s. 28.24, the clerk of the court shall issue a

21  certificate notifying the department of the posting of the

22  bond and directing the department to release the wrecker

23  operator's lien. Upon determining the respective rights of the

24  parties, the court may award damages and costs in favor of the

25  prevailing party.

26         3.  If a person against whom a wrecker operator's lien

27  has been imposed does not object to the lien, but cannot

28  discharge the lien by payment because the wrecker operator has

29  moved or gone out of business, the person may have her or his

30  name removed from the list of those persons who may not be

31  issued a license plate or revalidation sticker for any motor

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 1  vehicle under s. 320.03(8), thereby allowing issuance of a

 2  license plate or revalidation sticker, upon posting with the

 3  clerk of court in the county in which the vehicle, vessel, or

 4  mobile home was ordered removed, a cash or surety bond or

 5  other adequate security equal to the amount of the wrecker

 6  operator's lien. Upon the posting of the bond and the payment

 7  of the application fee set forth in s. 28.24, the clerk of the

 8  court shall issue a certificate notifying the department of

 9  the posting of the bond and directing the department to

10  release the wrecker operator's lien. The department shall mail

11  to the wrecker operator, at the address upon the lien form,

12  notice that the wrecker operator must claim the security

13  within 60 days, or the security will be released back to the

14  person who posted it. At the conclusion of the 60 days, the

15  department shall direct the clerk as to which party is

16  entitled to payment of the security, less applicable clerk's

17  fees.

18         4.  A wrecker operator's lien expires 5 years after

19  filing.

20         (f)  This subsection applies only to the annual renewal

21  in the registered owner's birth month of a motor vehicle

22  registration and does not apply to the transfer of a

23  registration of a motor vehicle sold by a motor vehicle dealer

24  licensed under chapter 320, except for the transfer of

25  registrations which is inclusive of the annual renewals. This

26  subsection does not apply to any vehicle registered in the

27  name of the lessor. This subsection does not affect the

28  issuance of the title to a motor vehicle, notwithstanding s.

29  319.23(7)(b).

30         Section 71.  Section 843.16, Florida Statutes, is

31  amended to read:

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 1         843.16  Unlawful to install or transport radio

 2  equipment using assigned frequency of state or law enforcement

 3  officers; definitions; exceptions; penalties.--

 4         (1)  A No person, firm, or corporation may not shall

 5  install or transport in any motor vehicle or business

 6  establishment, except an emergency vehicle or crime watch

 7  vehicle as herein defined or a place established by municipal,

 8  county, state, or federal authority for governmental purposes,

 9  any frequency modulation radio receiving equipment so adjusted

10  or tuned as to receive messages or signals on frequencies

11  assigned by the Federal Communications Commission to police or

12  law enforcement officers or fire rescue personnel of any city

13  or county of the state or to the state or any of its agencies.

14  Provided, nothing herein shall be construed to affect any

15  radio station licensed by the Federal Communications System or

16  to affect any recognized newspaper or news publication engaged

17  in covering the news on a full-time basis or any alarm system

18  contractor certified pursuant to part II of chapter 489,

19  operating a central monitoring system.

20         (2)  As used in this section, the term:

21         (a)  "Emergency vehicle" shall specifically mean:

22         1.  Any motor vehicle used by any law enforcement

23  officer or employee of any city, any county, the state, the

24  Federal Bureau of Investigation, or the Armed Forces of the

25  United States while on official business;

26         2.  Any fire department vehicle of any city or county

27  of the state or any state fire department vehicle;

28         3.  Any motor vehicle designated as an emergency

29  vehicle by the Department of Highway Safety and Motor Vehicles

30  when said vehicle is to be assigned the use of frequencies

31  assigned to the state;

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 1         4.  Any motor vehicle designated as an emergency

 2  vehicle by the sheriff or fire chief of any county in the

 3  state when said vehicle is to be assigned the use of

 4  frequencies assigned to the said county;

 5         5.  Any motor vehicle designated as an emergency

 6  vehicle by the chief of police or fire chief of any city in

 7  the state when said vehicle is to be assigned the use of

 8  frequencies assigned to the said city.

 9         (b)  "Crime watch vehicle" means any motor vehicle used

10  by any person participating in a citizen crime watch or

11  neighborhood watch program when such program and use are

12  approved in writing by the appropriate sheriff or chief of

13  police where the vehicle will be used and the vehicle is

14  assigned the use of frequencies assigned to the county or

15  city.  Such approval shall be renewed annually.

16         (3)  This section shall not apply to any holder of a

17  valid amateur radio operator or station license issued by the

18  Federal Communications Commission or to any recognized

19  newspaper or news publication engaged in covering the news on

20  a full-time basis or any alarm system contractor certified

21  pursuant to part II of chapter 489, operating a central

22  monitoring system.

23         (4)  Any person, firm, or corporation violating any of

24  the provisions of this section commits shall be deemed guilty

25  of a misdemeanor of the first second degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         Section 72.  This act shall take effect July 1, 2005.

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1344

 3                                 

 4  
    The committee substitute provides reference to the most recent
 5       version of the Code of Federal Regulations relating to
         commercial vehicles, which was updated in 2004:
 6  
    -    Allows the department to adopt the necessary rules to
 7       administer the provisions of specified sections of the
         bill;
 8  
    -    Includes an unlawful breath-alcohol level in the
 9       provisions relating to the administrative suspension of
         driver's licenses in all sections referencing an unlawful
10       blood-alcohol level;

11  -    Creates a new point value for a violation of the
         unauthorized use of a traffic signal preemption device.
12       It clarifies a reference to the new point value. In
         addition, the CS corrects an erroneous reference relating
13       to points assigned for littering violations;

14  -    Removes the provision that diverts the $1 drivers'
         license fee from the Highway Safety Operating Trust Fund.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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