Senate Bill sb1344e1

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  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.; deleting a

 5         requirement that a portion of certain fees

 6         collected by a tax collector be deposited in

 7         the Highway Safety Operating Trust Fund;

 8         revising requirements for the tax collector in

 9         directing a licensee for examination or

10         reexamination; requiring county officers to pay

11         certain funds to the State Treasury by

12         electronic funds transfer within a specified

13         period; amending s. 322.142, F.S.; providing

14         that the requirement for a fullface photograph

15         or digital image on a driver's license may not

16         be waived under ch. 761, F.S.; amending s.

17         322.161, F.S.; removing requirements for a

18         Class D driver's license; amending s. 322.17,

19         F.S., relating to duplicate and replacement

20         certificates; conforming a cross-reference;

21         amending s. 322.18, F.S.; revising the

22         expiration period for driver's licenses issued

23         to specified persons; conforming

24         cross-references; amending s. 322.19, F.S.,

25         relating to change of address or name;

26         conforming cross-references; amending s.

27         322.21, F.S.; removing requirements for a Class

28         D driver's license; requiring the department to

29         set a fee for a hazardous-materials

30         endorsement; providing that the fee may not

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


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 1         providing an additional penalty for giving

 2         false information when applying for a

 3         commercial driver's license; amending s.

 4         322.22, F.S.; authorizing the department to

 5         cancel any identification card, vehicle or

 6         vessel registration, or fuel-use decal of a

 7         licensee who pays certain fees or penalties

 8         with a dishonored check; amending s. 322.251,

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

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

11         revising provisions related to administrative

12         suspension of driver's licenses; amending s.

13         322.27, F.S.; providing 4 points to be assessed

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

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

16         322.30, F.S.; removing the requirements for a

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

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

19         driver's license; removing a requirement that

20         certain operators of a commercial motor vehicle

21         obtain a specified license; amending s. 322.54,

22         F.S.; revising the classification requirements

23         for certain driver's licenses; deleting

24         requirements for a Class D driver's license;

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

26         requirements for school bus drivers; amending

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

28         Class D driver's license and changing those

29         requirements to a Class E driver's license;

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

31         specifying additional violations that


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 1         disqualify a person from operating a commercial

 2         motor vehicle; providing penalties; removing

 3         requirements for a Class D driver's license;

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

 5         governing alcohol and drug testing for

 6         commercial motor vehicle operators; amending s.

 7         322.64, F.S., and reenacting s. 322.64(14),

 8         F.S., relating to citation procedures and

 9         proceedings, to incorporate the amendment to s.

10         322.61, F.S., in a reference thereto; providing

11         for a temporary permit issued following certain

12         DUI offenses to apply only to the operation of

13         noncommercial vehicles; amending s. 713.78,

14         F.S.; revising provisions relating to the

15         placement of a wrecker operator's lien against

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

17         prohibiting the transportation of radio

18         equipment that receives signals on frequencies

19         used by this state's law enforcement officers

20         or fire rescue personnel; redefining the term

21         "emergency vehicle" to include any motor

22         vehicle designated as such by the fire chief of

23         a county or municipality; providing an enhanced

24         penalty; providing an effective date.

25  

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

27  

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

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

30  section, to read:

31  


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 1         261.03  Definitions.--As used in this chapter, the

 2  term:

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

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

 5  state for recreational purposes and that is not registered and

 6  licensed for highway use under chapter 320.

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

 8  specifically designed by the manufacturer for a single

 9  operator and one passenger.

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

11  316.003, Florida Statutes, to read:

12         316.003  Definitions.--The following words and phrases,

13  when used in this chapter, shall have the meanings

14  respectively ascribed to them in this section, except where

15  the context otherwise requires:

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

17  device with the capability of activating a control mechanism

18  mounted on or near traffic signals which alters a traffic

19  signal's timing cycle.

20         Section 3.  Section 316.0775, Florida Statutes, is

21  amended to read:

22         316.0775  Interference with official traffic control

23  devices or railroad signs or signals.--

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

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

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

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

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

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

30  318.17 and shall be punishable as set forth in s. 806.13

31  


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 1  related to criminal mischief and graffiti, beginning on or

 2  after July 1, 2000.

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

 4  possess or use any traffic signal preemption device as defined

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

 6  commits a moving violation, punishable as provided in chapter

 7  318 and shall have 4 points assessed against his or her

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

 9         Section 4.  Section 316.122, Florida Statutes, is

10  amended to read:

11         316.122  Vehicle turning left.--The driver of a vehicle

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

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

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

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

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

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

18  this section is a noncriminal traffic infraction, punishable

19  as a moving violation as provided in chapter 318.

20         Section 5.  Section 316.1576, Florida Statutes, is

21  created to read:

22         316.1576  Insufficient clearance at a railroad-highway

23  grade crossing.--

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

25  railroad-highway grade crossing that does not have sufficient

26  space to drive completely through the crossing without

27  stopping.

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

29  railroad-highway grade crossing that does not have sufficient

30  undercarriage clearance to drive completely through the

31  crossing without stopping.


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

 2  traffic infraction, punishable as a moving violation as

 3  provided in chapter 318.

 4         Section 6.  Section 316.1577, Florida Statutes, is

 5  created to read:

 6         316.1577  Employer responsibility for violations

 7  pertaining to railroad-highway grade crossings.--

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

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

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

11  pertaining to railroad-highway grade crossings.

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

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

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

15  Statutes, is amended to read:

16         316.183  Unlawful speed.--

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

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

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

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

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

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

23  after an investigation determines that such a limit is

24  reasonable.  It is not necessary to conduct a separate

25  investigation for each residence district. The minimum speed

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

27  System of Interstate and Defense Highways and have not fewer

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

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

30  limit is 50 miles per hour.

31  


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

 2  316.1932, Florida Statutes, is amended to read:

 3         316.1932  Tests for alcohol, chemical substances, or

 4  controlled substances; implied consent; refusal.--

 5         (1)

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

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

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

 9  consent to the provisions of this section.

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

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

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

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

14  of this section.

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

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

17  renewed driver's license.

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

19  Statutes, is amended to read:

20         316.1936  Possession of open containers of alcoholic

21  beverages in vehicles prohibited; penalties.--

22         (5)  This section shall not apply to:

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

24  operating the vehicle pursuant to a contract to provide

25  transportation for passengers and such driver holds a valid

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

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

28  requirements of chapter 322;

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

30  valid commercial driver's license with a passenger endorsement

31  


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

 2  requirements of chapter 322; or

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

 4  is in excess of 21 feet in length.

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

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

 7         316.194  Stopping, standing or parking outside of

 8  municipalities.--

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

10  investigation officer finds a vehicle standing upon a highway

11  in violation of any of the foregoing provisions of this

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

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

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

15  main-traveled part of the highway.

16         (b)  Officers and traffic accident investigation

17  officers may are hereby authorized to provide for the removal

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

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

20  vehicle, when an said abandoned vehicle is found unattended

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

22  highway in the following instances:

23         1.  Where such vehicle constitutes an obstruction of

24  traffic;

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

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

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

28  pavement edge; and

29         3.  Where an operative vehicle has been parked or

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

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


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 1  30 feet from the pavement edge.  However, the agency removing

 2  such vehicle shall be required to report same to the

 3  Department of Highway Safety and Motor Vehicles within 24

 4  hours of such removal.

 5         Section 11.  Section 316.1967, Florida Statutes, is

 6  amended to read:

 7         316.1967  Liability for payment of parking ticket

 8  violations and other parking violations.--

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

10  for payment of any parking ticket violation unless the owner

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

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

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

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

15  reasonable time after notification of the parking violation,

16  to furnish to the appropriate law enforcement authorities an

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

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

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

20  affidavit submitted under this subsection is admissible in a

21  proceeding charging a parking ticket violation and raises the

22  rebuttable presumption that the person identified in the

23  affidavit is responsible for payment of the parking ticket

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

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

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

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

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

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

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

31  


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

 2  the vehicle.

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

 4  parking ticket by a parking enforcement specialist or officer

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

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

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

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

 9  violations bureau shall notify the registered owner of the

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

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

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

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

14  this address constitutes notification. Upon notification, the

15  registered owner or registered lessee shall comply with the

16  court's directive.

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

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

19  penalty.

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

21  designated official to present evidence waives his or her

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

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

24  whether a parking violation has been committed and may impose

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

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

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

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

29  violation, and the court shall take appropriate measures to

30  enforce collection of the fine.

31  


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

 2  the contrary notwithstanding, chapter 318 does not apply to

 3  violations of county parking ordinances and municipal parking

 4  ordinances.

 5         (6)  Any county or municipality may provide by

 6  ordinance that the clerk of the court or the traffic

 7  violations bureau shall supply the department with a

 8  magnetically encoded computer tape reel or cartridge or send

 9  by other electronic means data which is machine readable by

10  the installed computer system at the department, listing

11  persons who have three or more outstanding parking violations,

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

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

14  violations bureau shall supply the department with a

15  magnetically encoded computer tape reel or cartridge or send

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

17  installed computer system at the department, listing persons

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

19  similar local ordinance that regulates parking in spaces

20  designated for use by persons who have disabilities. The

21  department shall mark the appropriate registration records of

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

23  person whose name appears on the list.

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

25  Florida Statutes, is amended to read:

26         316.2074  All-terrain vehicles.--

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

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

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

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

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


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

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

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

 4  defined in s. 317.0003.

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

 6  316.302, Florida Statutes, is amended to read:

 7         316.302  Commercial motor vehicles; safety regulations;

 8  transporters and shippers of hazardous materials;

 9  enforcement.--

10         (1)

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

12  owners or drivers of commercial motor vehicles that are

13  engaged in intrastate commerce are subject to the rules and

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

15  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

17  regulations existed on October 1, 2004 2002.

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

19  Statutes, is amended to read:

20         316.605  Licensing of vehicles.--

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

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

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

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

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

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

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

28  display the license plate or both of the license plates

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

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

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


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    CS for SB 1344                                 First Engrossed



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

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

 3  identification marks upon the plates regarding the word

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

 5  designation shall be clear and distinct and free from

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

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

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

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

10  or regulation of a governmental agency.  No license plates

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

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

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

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

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

16  the provisions hereof, shall be considered as complying with

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

18  traffic infraction, punishable as a nonmoving violation as

19  provided in chapter 318.

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

21  Statutes, is amended to read:

22         316.613  Child restraint requirements.--

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

24  county, and local law enforcement agencies, and safety

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

26  injury from unrestrained occupancy in motor vehicles, conduct

27  a continuing safety and public awareness campaign as to the

28  magnitude of the problem.

29         (b)  The department may authorize the expenditure of

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

31  


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    CS for SB 1344                                 First Engrossed



 1  public information and education campaigns provided for in

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

 3         Section 16.  Section 316.6131, Florida Statutes, is

 4  created to read:

 5         316.6131  Educational expenditures.--The department may

 6  authorize the expenditure of funds for the purchase of

 7  educational items as part of the public information and

 8  education campaigns promoting highway safety and awareness, as

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

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

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

12  403.7145.

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

14  Statutes, is amended to read:

15         316.650  Traffic citations.--

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

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

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

19  evidence resulting from a forensic examination of the

20  citation.

21         Section 18.  Section 317.0003, Florida Statutes, is

22  amended, to read:

23         317.0003  Definitions.--As used in this chapter ss.

24  317.0001-317.0013, the term:

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

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

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

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

29  straddled by the operator and handlebars for steering control,

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

31  passenger.


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    CS for SB 1344                                 First Engrossed



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

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

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

 4  sales tax certificate of registration issued by the Department

 5  of Revenue and a valid commercial or occupational license

 6  required by any county, municipality, or political subdivision

 7  of the state in which the person operates.

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

 9  Safety and Motor Vehicles.

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

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

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

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

14  222.17, or who has filed for homestead tax exemption on

15  property in this state.

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

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

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

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

20  ground, but excludes a tractor or a moped.

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

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

23  state for recreational purposes and that is not registered and

24  licensed for highway use pursuant to chapter 320.

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

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

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

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

29  person, reserved or created by agreement and securing payment

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

31  lessee under a lease not intended as security.


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    CS for SB 1344                                 First Engrossed



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

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

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

 4  entity.

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

 6  designed by the manufacturer for a single operator and one

 7  passenger.

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

 9  Florida Statutes, is amended to read:

10         317.0004  Administration of off-highway vehicle titling

11  laws; records.--

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

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

14  Department of Highway Safety and Motor Vehicles, which shall

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

16  off-highway vehicle titling applications and certificates,

17  including the receipt and accounting of off-highway vehicle

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

19  this chapter, unless otherwise explicitly stated.

20         Section 20.  Section 317.0005, Florida Statutes, is

21  amended to read:

22         317.0005  Rules, forms, and notices.--

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

24  120.536(1) and 120.54, which pertain to off-highway vehicle

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

26  ss. 317.0001-317.0013 conferring duties upon it.

27         (2)  The department shall prescribe and provide

28  suitable forms for applications and other notices and forms

29  necessary to administer the provisions of this chapter ss.

30  317.0001-317.0013.

31  


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    CS for SB 1344                                 First Engrossed



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

 2  Florida Statutes, is amended to read:

 3         317.0006  Certificate of title required.--

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

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

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

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

 8  ss. 317.0001-317.0013.

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

10  317.0007, Florida Statutes, to read:

11         317.0007  Application for and issuance of certificate

12  of title.--

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

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

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

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

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

18  department or county tax collector. The department and county

19  tax collector may charge and deposit the fees established in

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

21  replacement decals.

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

23  Florida Statutes, is repealed.

24         Section 24.  Section 317.0010, Florida Statutes, is

25  amended to read:

26         317.0010  Disposition of fees.--The department shall

27  deposit all funds received under this chapter ss.

28  317.0001-317.0013, less administrative costs of $2 per title

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

30  Forestry of the Department of Agriculture and Consumer

31  Services.


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    CS for SB 1344                                 First Engrossed



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

 2  Florida Statutes, is amended to read:

 3         317.0012  Crimes relating to certificates of title;

 4  penalties.--

 5         (3)  It is unlawful to:

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

 7  off-highway vehicle or any assignment thereof or any

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

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

10  cancellation knowing that it has been altered or forged.

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

12  fictitious address, or make any false statement in any

13  application or affidavit required by this chapter ss.

14  317.0001-317.0013 or in a bill of sale or sworn statement of

15  ownership or otherwise commit a fraud in any application.

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

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

18  counterfeit, stolen, or unlawfully obtained certificate of

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

20  off-highway vehicle.

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

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

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

24  department.

25  

26  Any person who violates this subsection commits a felony of

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

28  775.083, or s. 775.084. A violation of this subsection with

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

30  vehicle contraband which may be seized by a law enforcement

31  agency and forfeited under ss. 932.701-932.704.


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    CS for SB 1344                                 First Engrossed



 1         Section 26.  Section 317.0013, Florida Statutes, is

 2  amended to read:

 3         317.0013  Nonmoving traffic violations.--Any person who

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

 5  317.0001-317.0012 for which a penalty is not otherwise

 6  provided commits a nonmoving traffic violation, punishable as

 7  provided in s. 318.18.

 8         Section 27.  Section 317.0014, Florida Statutes, is

 9  created to read:

10         317.0014  Certificate of title; issuance in duplicate;

11  delivery; liens and encumbrances.--

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

13  certificate of title and shall issue each certificate of title

14  and each corrected certificate in duplicate. The database

15  record shall serve as the duplicate title certificate required

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

17  the department.

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

19  certificate of title and each corrected certificate and, if

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

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

22  application, shall deliver the certificate to the applicant or

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

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

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

26  the certificate shall be delivered by the department to the

27  first lienholder as shown by department records or to the

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

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

30  lienholder indicates that the certificate should be delivered

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


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    CS for SB 1344                                 First Engrossed



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

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

 3  notice of lien filed by the first lienholder directs the

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

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

 6  owner, the department shall deliver to the first lienholder

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

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

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

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

11  application for certificate shows the name of a first

12  lienholder different from the name of the first lienholder as

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

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

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

16  notified of the conflict in writing by the department by

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

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

19  the department shall serve notice in writing by certified mail

20  on all persons appearing to hold liens on that particular

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

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

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

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

25  lienholder whose name appears in the application as the first

26  lienholder without showing any lien or liens as outstanding

27  other than those appearing in the application or those that

28  have been filed subsequent to the filing of the application

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

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

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


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    CS for SB 1344                                 First Engrossed



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

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

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

 4  the department may not issue the certificate to anyone until

 5  after the conflict has been settled by the lien claimants

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

 7  conflict is not settled amicably within 10 days after the

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

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

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

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

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

13  issue the certificate showing no liens except those shown in

14  the application or thereafter filed to the original applicant

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

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

17  lien filed by the lienholder whose name appears in the

18  application as the first lienholder if there are liens shown

19  in the application or thereafter filed. A duplicate

20  certificate or corrected certificate shall show only the lien

21  or liens as shown in the application and any subsequently

22  filed liens that may be outstanding.

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

24  certificate of title shall be retained by the first lienholder

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

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

27  the certificate, the first lienholder is entitled to retain

28  the certificate until the first lien is satisfied.

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

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

31  encumbrance against the vehicle when the title certificate is


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    CS for SB 1344                                 First Engrossed



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

 2  send a written request to the first lienholder by certified

 3  mail, and the first lienholder shall forward the certificate

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

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

 6  certificate to the department for endorsement. The department

 7  shall return the certificate to either the first lienholder or

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

 9  first lienholder, after endorsing the second or subsequent

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

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

12  certificate of title to the department within 10 days after

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

14  written request of the subsequent lienholder or an assignee of

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

16  the certificate for the notation of the second or subsequent

17  lien or encumbrance.

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

19  encumbrance recorded by the department, the owner of the

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

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

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

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

24  furnish a satisfaction of the lien within 30 days after

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

26  expenses, including reasonable attorney's fees, lawfully

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

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

29  The lienholder receiving final payment as defined in s.

30  674.215 shall mail or otherwise deliver a lien satisfaction

31  and the certificate of title indicating the satisfaction


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    CS for SB 1344                                 First Engrossed



 1  within 10 working days after receipt of final payment or

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

 3  available within 10 working days after receipt of final

 4  payment. If the lienholder is unable to provide the

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

 6  lienholder shall provide a lien satisfaction and is

 7  responsible for the cost of a duplicate title, including

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

 9  paragraph does not apply to electronic transactions under

10  subsection (8).

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

12  shall enter a satisfaction thereof in the space provided on

13  the face of the certificate of title. If the certificate of

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

15  days after satisfaction of the lien, deliver the certificate

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

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

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

19  certificate of title, the certificate shall be delivered by

20  the lienholder to the person satisfying the lien or

21  encumbrance and an executed satisfaction on a form provided by

22  the department shall be forwarded to the department by the

23  lienholder within 10 days after satisfaction of the lien.

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

25  lien not then being discharged, an executed satisfaction of

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

27  person satisfying the lien and the certificate of title

28  showing satisfaction of the first lien shall be forwarded by

29  the lienholder to the department within 10 days after

30  satisfaction of the lien.

31  


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    CS for SB 1344                                 First Engrossed



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

 2  satisfaction of the first lien, the department determines from

 3  its records that there are no subsequent liens or encumbrances

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

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

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

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

 8  reissued showing the second or subsequent lienholder as the

 9  first lienholder and shall be delivered to either the new

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

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

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

13  reissued certificate, the first lienholder is entitled to

14  retain the certificate of title except as provided in

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

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

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

18  and this subsection.

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

20  returned to the department by the lienholder and evidence

21  satisfactory to the department is produced that all liens or

22  encumbrances have been satisfied, upon application by the

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

24  prescribed by the department, accompanied by the fee

25  prescribed in this chapter, a duplicate copy of the

26  certificate of title, without statement of liens or

27  encumbrances, shall be issued by the department and delivered

28  to the owner.

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

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

31  certificate of title to the department as required by


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    CS for SB 1344                                 First Engrossed



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

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

 3  appropriate document to the department as required by

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

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

 6  775.083.

 7         (8)  Notwithstanding any requirements in this section

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

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

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

11  vehicle, the department may electronically transmit the lien

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

13  additional liens. Subsequent lien satisfactions may be

14  electronically transmitted to the department and must include

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

16  lien. When electronic transmission of liens and lien

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

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

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

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

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

22         Section 28.  Section 317.0015, Florida Statutes, is

23  created to read:

24         317.0015  Application of law.--Sections 319.235,

25  319.241, 319.25, 319.27, 319.28, and 319.40 apply to all

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

27  chapter.

28         Section 29.  Section 317.0016, Florida Statutes, is

29  created to read:

30         317.0016  Expedited service; applications; fees.--The

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


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    CS for SB 1344                                 First Engrossed



 1  the public, expedited service on title transfers, title

 2  issuances, duplicate titles, recordation of liens, and

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

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

 5  317.0007 and 317.0008, and $3.50 of this fee shall be retained

 6  by the processing agency. All remaining fees shall be

 7  deposited in the Incidental Trust Fund of the Division of

 8  Forestry of the Department of Agriculture and Consumer

 9  Services. Application for expedited service may be made by

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

11  applied for pursuant to this section within 5 working days

12  after receipt of the application except for an application for

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

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

15  after compliance with the department's verification

16  requirements.

17         Section 30.  Section 317.0017, Florida Statutes, is

18  created to read:

19         317.0017  Offenses involving vehicle identification

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

21         (1)  A person may not:

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

23  off-highway vehicle or any assignment thereof or any

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

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

26  cancellation knowing that it has been altered or forged.

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

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

29  certificate of title or any assignment thereof to an

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

31  the off-highway vehicle has been stolen.


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    CS for SB 1344                                 First Engrossed



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

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

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

 4  identification number affixed by the manufacturer or by a

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

 6  defaced, with knowledge of such destruction, removal,

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

 8  319.30(4).

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

10  fictitious address, or make any false statement in any

11  application or affidavit required under this chapter or in a

12  bill of sale or sworn statement of ownership or otherwise

13  commit a fraud in any application.

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

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

16  fictitious, forged, counterfeit, stolen, or unlawfully

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

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

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

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

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

22  be surrendered to the department.

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

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

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

26  counterfeit, stolen, or fraudulently or unlawfully obtained

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

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

29  the foregoing.

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

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


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    CS for SB 1344                                 First Engrossed



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

 2  manufacturer's or state-assigned identification number plates

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

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

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

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

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

 8  such counterfeit manufacturer's or state-assigned

 9  identification number plates or serial plates or any decal.

10  However, this subsection does not apply to any approved

11  replacement manufacturer's or state-assigned identification

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

13  department or any state.

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

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

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

17  off-highway vehicle used in violation of this section

18  constitutes contraband that may be seized by a law enforcement

19  agency and that is subject to forfeiture proceedings pursuant

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

21  other penalties prescribed by any existing or future laws for

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

23  but is supplementary thereto.

24         Section 31.  Section 317.0018, Florida Statutes, is

25  created to read:

26         317.0018  Transfer without delivery of certificate;

27  operation or use without certificate; failure to surrender;

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

29  chapter, any person who:

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

31  vehicle without delivering to the purchaser or transferee of


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    CS for SB 1344                                 First Engrossed



 1  the vehicle a certificate of title to the vehicle duly

 2  assigned to the purchaser as provided in this chapter;

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

 4  vehicle for which a certificate of title is required without

 5  the certificate having been obtained in accordance with this

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

 7  canceled;

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

 9  cancellation of the certificate by the department and notice

10  thereof as prescribed in this chapter;

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

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

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

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

15  described in the certificate of title; or

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

17  lawful rule adopted pursuant to this chapter;

18  

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

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

21  specified.

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

23  318.14, Florida Statutes, are amended to read:

24         318.14  Noncriminal traffic infractions; exception;

25  procedures.--

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

27  infraction shall certify to the department within 10 days

28  after payment of the civil penalty that the defendant has

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

30  hearing, the official having jurisdiction shall certify to the

31  department the final disposition within 10 days after of the


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    CS for SB 1344                                 First Engrossed



 1  hearing. All dispositions returned to the county requiring a

 2  correction shall be resubmitted to the department within 10

 3  days after the notification of the error.

 4         (b)  If the official having jurisdiction over the

 5  traffic infraction submits the final disposition to the

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

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

 8  resulting suspension or revocation action to begin as if the

 9  citation were reported in a timely manner.

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

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

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

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

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

15  or her choice within this state a basic driver improvement

16  course approved by the Department of Highway Safety and Motor

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

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

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

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

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

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

23  no more than five elections under this subsection. The

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

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

26  adjudication of guilt by a court.

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

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

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

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

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


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    CS for SB 1344                                 First Engrossed



 1  authorized operator of a traffic violations bureau. In such

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

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

 4  election under this subsection in the 12 months preceding

 5  election hereunder.  No person may make more than three

 6  elections under this subsection.  This subsection applies to

 7  the following offenses:

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

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

10  322.065, or s. 322.15(1), or operating a motor vehicle with a

11  license which has been suspended for failure to appear,

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

13  improvement course pursuant to s. 322.291.

14         2.  Operating a motor vehicle without a valid

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

16  320.131.

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

18  316.646.

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

20  subsection shall present proof of compliance prior to the

21  scheduled court appearance date. For the purposes of this

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

23  renewed, or reinstated driver's license or registration

24  certificate and proper proof of maintenance of security as

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

26  person establishing proof of compliance shall be assessed

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

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

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

30  Department of Revenue for deposit into the Child Welfare

31  Training Trust Fund of the Department of Children and Family


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    CS for SB 1344                                 First Engrossed



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

 2  Department of Juvenile Justice for deposit into the Juvenile

 3  Justice Training Trust Fund. Twelve dollars of such costs

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

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

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

 7  offense was committed within the municipality. If the offense

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

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

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

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

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

13  Training Trust Fund and the Juvenile Justice Training Trust

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

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

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

17  maintenance of required security.

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

19  Statutes, is amended to read:

20         319.23  Application for, and issuance of, certificate

21  of title.--

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

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

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

25  purchaser by the dealer upon application signed by the

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

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

28  motor vehicle or mobile home, the application for certificate

29  of title, or corrected certificate, or assignment or

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

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


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    CS for SB 1344                                 First Engrossed



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

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

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

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

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

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

 7  shall update its database for that title record to indicate

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

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

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

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

12  Florida Statutes, are amended to read:

13         319.27  Notice of lien on motor vehicles or mobile

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

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

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

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

18  similar instrument or any other nonpossessory lien, including

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

20  upon which a Florida certificate of title has been issued

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

22  against creditors or subsequent purchasers for a valuable

23  consideration and without notice, unless a sworn notice of

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

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

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

27  notice when filed. No interest of a statutory nonpossessory

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

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

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

31  shall be enforceable against creditors or subsequent


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    CS for SB 1344                                 First Engrossed



 1  purchasers for a valuable consideration unless such interest

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

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

 4  the occurrence of the subsequent transaction.  Provided the

 5  provisions of this subsection relating to a nonpossessory

 6  statutory lienor; a nonpossessory execution, attachment, or

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

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

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

10  of lien shall provide the following information:

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

12  retain title contract, conditional bill of sale, chattel

13  mortgage, or other similar instrument was executed prior to

14  the filing of the notice of lien;

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

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

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

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

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

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

21  retain title contract, conditional bill of sale, chattel

22  mortgage, or other similar instrument is executed granting a

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

24  such motor vehicle or mobile home.

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

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

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

28  nonpossessory statutory lienor, a security interest under this

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

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

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


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    CS for SB 1344                                 First Engrossed



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

 2  as the execution of the security agreement or other similar

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

 4  this subsection within 15 days after the debtor receives

 5  possession of the motor vehicle or mobile home and executes

 6  such security agreement or other similar instrument. The date

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

 8  receipt by the department central office in Tallahassee, if

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

10  tax collector, or their agents.

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

12  320.06, Florida Statutes, is amended to read:

13         320.06  Registration certificates, license plates, and

14  validation stickers generally.--

15         (1)

16         (b)  Registration license plates bearing a graphic

17  symbol and the alphanumeric system of identification shall be

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

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

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

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

22  $10 replacement fee. The fees shall be deposited into the

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

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

25  replacement fee when the plate is replaced or surrendered

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

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

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

29  license plate, there shall be issued a validation sticker

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

31  year of expiration or the appropriate renewal period if the


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    CS for SB 1344                                 First Engrossed



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

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

 3  license plate and validation sticker shall be issued based on

 4  the applicant's appropriate renewal period. The registration

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

 6  shall occur based on the applicant's appropriate registration

 7  period. A vehicle with an apportioned registration shall be

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

 9  declared gross vehicle weight for each apportioned

10  jurisdiction in which the vehicle is authorized to operate.

11         Section 36.  Section 320.0601, Florida Statutes, is

12  amended to read:

13         320.0601  Lease and rental car companies;

14  identification of vehicles as for-hire.--

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

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

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

18  stickers, insignias, or advertising that identifies the

19  vehicle as a rental vehicle.

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

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

22  not include:

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

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

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

26  name or logo of the rental car company; or

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

28  which the vehicle is registered.

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

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

31  state.


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    CS for SB 1344                                 First Engrossed



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

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

 3  punished by a fine of $500 per occurrence.

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

 5  320.02 for an original or transfer of a long-term leased motor

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

 7         Section 37.  Section 320.0605, Florida Statutes, is

 8  amended to read:

 9         320.0605  Certificate of registration; possession

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

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

12  agreement issued for a motor vehicle or issued for a

13  replacement vehicle in the same registration period, a

14  temporary receipt printed upon self-initiated electronic

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

16  issued for a vehicle registered under the International

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

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

19  possession of the operator thereof or be carried in the

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

21  any authorized law enforcement officer or any agent of the

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

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

24  30 days after purchase of a replacement vehicle. A violation

25  of this section is a noncriminal traffic infraction,

26  punishable as a nonmoving violation as provided in chapter

27  318.

28         Section 38.  Section 320.0843, Florida Statutes, is

29  amended to read:

30         320.0843  License plates for persons with disabilities

31  eligible for permanent disabled parking permits.--


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    CS for SB 1344                                 First Engrossed



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

 2  in this state and qualifies for a disabled parking permit

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

 4  payment of the license tax for a motor vehicle registered

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

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

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

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

 9  international wheelchair user symbol after the serial number

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

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

12  320.0848. When more that one registrant is listed on the

13  registration issued under this section, the eligible applicant

14  shall be noted on the registration certificate.

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

16  made to the department.

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

18  320.131, Florida Statutes, to read:

19         320.131  Temporary tags.--

20         (8)  The department may administer an electronic system

21  for licensed motor vehicle dealers to use in issuing temporary

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

23  dealer shall access the electronic system and enter the

24  appropriate vehicle and owner information within the timeframe

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

26  the department's requirements for issuing temporary license

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

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

29  proof that the licensee has failed to comply with the

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

31  administer this section.


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    CS for SB 1344                                 First Engrossed



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

 2  Statutes, is amended to read:

 3         320.18  Withholding registration.--

 4         (1)  The department may withhold the registration of

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

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

 7  period or periods for which it appears registration should

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

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

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

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

12  vehicle or vessel registration, driver's license,

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

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

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

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

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

18  safety violation issued by the Department of Transportation

19  Motor Carrier Compliance Office. The Department of

20  Transportation and the Department of Highway Safety and Motor

21  Vehicles may impound any commercial motor vehicle that has a

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

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

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

25  administrative fees have been paid for by certified funds.

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

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

28  320.27, Florida Statutes, are amended to read:

29         320.27  Motor vehicle dealers.--

30         (4)  LICENSE CERTIFICATE.--

31  


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    CS for SB 1344                                 First Engrossed



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

 2  department in accordance with such application when the

 3  application is regular in form and in compliance with the

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

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

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

 7  or replacement computerized card shall be borne by the

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

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

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

11  issued to a franchise motor vehicle dealer expires annually on

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

13  Each license issued to an independent or wholesale dealer or

14  auction expires annually on April 30 unless revoked or

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

16  the license expiration date, the department shall deliver or

17  mail to each licensee the necessary renewal forms. Each

18  independent dealer shall certify that the dealer principal

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

20  completed 8 hours of continuing education prior to filing the

21  renewal forms with the department. Such certification shall be

22  filed once every 2 years commencing with the 2006 renewal

23  period. The continuing education shall include at least 2

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

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

26  Continuing education shall be provided by dealer schools

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

28  by correspondence. Such schools shall provide certificates of

29  completion to the department and the customer which shall be

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

31  charge a fee for providing continuing education. Any licensee


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    CS for SB 1344                                 First Engrossed



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

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

 3  department at least 30 days prior to the license expiration

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

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

 6  the department within 45 days after the expiration date shall

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

 8  application is required, accompanied by the initial license

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

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

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

12  majority ownership interest of the licensee has not changed or

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

14  and service agreement has not changed. Modification of a

15  license certificate to show any name change as herein provided

16  shall not require initial licensure or reissuance of dealer

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

18  transact all business in and be properly identified by that

19  name.  All documents relative to licensure shall reflect the

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

21  shall be approved by the manufacturer, distributor, or

22  importer.  A licensee applying for a name change endorsement

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

24  the name of a main location and all additional locations

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

26  license application received by the department shall be

27  accompanied by verification that, within the preceding 6

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

29  employees, has attended a training and information seminar

30  conducted by a licensed motor vehicle dealer training school

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


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    CS for SB 1344                                 First Engrossed



 1  to, statutory dealer requirements, which requirements include

 2  required bookkeeping and recordkeeping procedures,

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

 4  such other information that in the opinion of the department

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

 6  hours in length.

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

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

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

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

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

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

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

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

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

16  person from whom such motor vehicle was purchased or received

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

18  description shall include the identification or engine number,

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

20  numbers or identification marks as may be thereon and shall

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

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

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

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

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

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

27  sufficient frequency so as to establish a pattern of

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

29  more of the following activities:

30         1.  Representation that a demonstrator is a new motor

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


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    CS for SB 1344                                 First Engrossed



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

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

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

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

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

 6  responsibility under the terms of the new motor vehicle

 7  warranty issued by its respective manufacturer, distributor,

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

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

10  not be a ground under this section.

11         3.  Misrepresentation or false, deceptive, or

12  misleading statements with regard to the sale or financing of

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

14  to have, advertised, printed, displayed, published,

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

16  regard to the sale or financing of motor vehicles.

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

18  customer or purchaser with an odometer disclosure statement

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

20  or agreement of purchase connected with the purchase of the

21  motor vehicle purchased by the customer or purchaser.

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

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

24  pursuant to the sale of a motor vehicle.

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

26  prescribed in s. 319.23(6).

27         7.  Use of the dealer license identification number by

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

29  designee.

30         8.  Failure to continually meet the requirements of the

31  licensure law.


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 1         9.  Representation to a customer or any advertisement

 2  to the public representing or suggesting that a motor vehicle

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

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

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

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

 7         10.  Requirement by any motor vehicle dealer that a

 8  customer or purchaser accept equipment on his or her motor

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

10         11.  Requirement by any motor vehicle dealer that any

11  customer or purchaser finance a motor vehicle with a specific

12  financial institution or company.

13         12.  Requirement by any motor vehicle dealer that the

14  purchaser of a motor vehicle contract with the dealer for

15  physical damage insurance.

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

17  result of dealing in motor vehicles, including, without

18  limitation, the misrepresentation to any person by the

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

20  importer, or distributor.

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

22  any motor vehicle dealer.

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

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

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

26  customer, unless the customer provides written authorization

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

28  newly acquired vehicle.

29         16.  Willful failure to comply with any administrative

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

31  320.131(8).


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

 2  559.901-559.9221, which has to do with dealing in or repairing

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

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

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

 6  to the consumer sales window form.

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

 8  322.01, Florida Statutes, are amended to read:

 9         322.01  Definitions.--As used in this chapter:

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

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

12  which:

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

14  or more;

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

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

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

18  including the driver; or

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

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

21  part 172, subpart F.

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

23  relating to the operation of motor vehicles on highways which

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

25  state or any other state, including an admission or

26  determination of a noncriminal traffic infraction pursuant to

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

28  under any federal law substantially conforming to the

29  aforesaid state statutory provisions.

30         (b)  Notwithstanding any other provisions of this

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


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 1  part 383.5 applies to offenses committed in a commercial motor

 2  vehicle.

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

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

 5  which that precludes a person from driving a commercial motor

 6  vehicle for a period of 72 hours or less.

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

 8  322.05, Florida Statutes, are amended to read:

 9         322.05  Persons not to be licensed.--The department may

10  not issue a license:

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

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

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

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

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

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

17  322.16(2) and (3). The department may require of any such

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

19  the qualifications of the applicant as the department

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

21  license granted as it considers proper.

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

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

24  highways by such person would be detrimental to public safety

25  or welfare. Deafness alone shall not prevent the person

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

27  license.

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

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

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

31  that section, to read:


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 1         322.051  Identification cards.--

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

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

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

 5  an identification card by the department upon completion of an

 6  application and payment of an application fee.

 7         (a)  Each such application shall include the following

 8  information regarding the applicant:

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

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

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

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

13         3.  Proof of identity satisfactory to the department.

14  Such proof must include one of the following documents issued

15  to the applicant:

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

17  record from another jurisdiction that required the applicant

18  to submit a document for identification which is substantially

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

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

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

22         b.  A certified copy of a United States birth

23  certificate;

24         c.  A valid United States passport;

25         d.  A naturalization certificate issued by the United

26  States Department of Homeland Security;

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

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

29  United States Department of Homeland Security; or

30         g.f.  Proof of nonimmigrant classification provided by

31  the United States Department of Homeland Security, for an


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 1  original identification card. In order to prove such

 2  nonimmigrant classification, applicants may produce but are

 3  not limited to the following documents:

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

 5  scheduling a hearing on any proceeding.

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

 7  acknowledging pendency of an appeal.

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

 9  adjustment of status issued by the United States Bureau of

10  Citizenship and Immigration Services.

11         (IV)  Any official documentation confirming the filing

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

13  the United States Bureau of Citizenship and Immigration

14  Services.

15         (V)  Notice of action transferring any pending matter

16  from another jurisdiction to Florida, issued by the United

17  States Bureau of Citizenship and Immigration Services.

18         (VI)  Order of an immigration judge or immigration

19  officer granting any relief that authorizes the alien to live

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

21  asylum.

22  

23  Presentation of any of the foregoing documents described in

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

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

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

27  expiration date of the document presented or 2 years,

28  whichever first occurs.

29         (2)

30         (b)  Notwithstanding any other provision of this

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


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 1  an identification card using a document authorized under

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

 3  card shall expire on the fourth birthday of the applicant

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

 5  duplicate issued after implementation of this section. After

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

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

 8         (c)  Notwithstanding any other provisions of this

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

10  an identification card using an identification document

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

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

13  the identification card shall expire 2 years after the date of

14  issuance or upon the expiration date cited on the United

15  States Department of Homeland Security documents, whichever

16  date first occurs, and may not be renewed or obtain a

17  duplicate except in person.

18         (8)  The department shall, upon receipt of the required

19  fee, issue to each qualified applicant for an identification

20  card a color photographic or digital image identification card

21  bearing a fullface photograph or digital image of the

22  identification cardholder. Notwithstanding chapter 761 or s.

23  761.05, the requirement for a fullface photograph or digital

24  image of the identification cardholder may not be waived. A

25  space shall be provided upon which the identification

26  cardholder shall affix his or her usual signature, as required

27  in s. 322.14, in the presence of an authorized agent of the

28  department so as to ensure that such signature becomes a part

29  of the identification card.

30         Section 45.  Subsections (2) and (3) of section 322.07,

31  Florida Statutes, are amended to read:


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 1         322.07  Instruction permits and temporary licenses.--

 2         (2)  The department may, in its discretion, issue a

 3  temporary permit to an applicant for a Class D or Class E

 4  driver's license permitting him or her to operate a motor

 5  vehicle of the type for which a Class D or Class E driver's

 6  license is required while the department is completing its

 7  investigation and determination of all facts relative to such

 8  applicant's right to receive a driver's license.  Such permit

 9  must be in his or her immediate possession while operating a

10  motor vehicle, and it shall be invalid when the applicant's

11  license has been issued or for good cause has been refused.

12         (3)  Any person who, except for his or her lack of

13  instruction in operating a Class D or commercial motor

14  vehicle, would otherwise be qualified to obtain a Class D or

15  commercial driver's license under this chapter, may apply for

16  a temporary Class D or temporary commercial instruction

17  permit. The department shall issue such a permit entitling the

18  applicant, while having the permit in his or her immediate

19  possession, to drive a Class D or commercial motor vehicle on

20  the highways, provided that:

21         (a)  The applicant possesses a valid driver's license

22  issued in any state; and

23         (b)  The applicant, while operating a Class D or

24  commercial motor vehicle, is accompanied by a licensed driver

25  who is 21 years of age or older, who is licensed to operate

26  the class of vehicle being operated, and who is actually

27  occupying the closest seat to the right of the driver.

28         Section 46.  Subsection (2) of section 322.08, Florida

29  Statutes, is amended to read:

30         322.08  Application for license.--

31  


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 1         (2)  Each such application shall include the following

 2  information regarding the applicant:

 3         (a)  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         (b)  Proof of birth date satisfactory to the

 7  department.

 8         (c)  Proof of identity satisfactory to the department.

 9  Such proof must include one of the following documents issued

10  to the applicant:

11         1.  A driver's license record or identification card

12  record from another jurisdiction that required the applicant

13  to submit a document for identification which is substantially

14  similar to a document required under subparagraph 2.,

15  subparagraph 3., subparagraph 4., subparagraph 5., or

16  subparagraph 6., or subparagraph 7.;

17         2.  A certified copy of a United States birth

18  certificate;

19         3.  A valid United States passport;

20         4.  A naturalization certificate issued by the United

21  States Department of Homeland Security;

22         5.4.  An alien registration receipt card (green card);

23         6.5.  An employment authorization card issued by the

24  United States Department of Homeland Security; or

25         7.6.  Proof of nonimmigrant classification provided by

26  the United States Department of Homeland Security, for an

27  original driver's license. In order to prove nonimmigrant

28  classification, an applicant may produce the following

29  documents, including, but not limited to:

30         a.  A notice of hearing from an immigration court

31  scheduling a hearing on any proceeding.


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 1         b.  A notice from the Board of Immigration Appeals

 2  acknowledging pendency of an appeal.

 3         c.  A notice of the approval of an application for

 4  adjustment of status issued by the United States Immigration

 5  and Naturalization Service.

 6         d.  Any official documentation confirming the filing of

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

 8  United States Immigration and Naturalization Service.

 9         e.  A notice of action transferring any pending matter

10  from another jurisdiction to this state issued by the United

11  States Immigration and Naturalization Service.

12         f.  An order of an immigration judge or immigration

13  officer granting any relief that authorizes the alien to live

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

15  asylum.

16  

17  Presentation of any of the documents in subparagraph 6. or

18  subparagraph 7. entitles the applicant to a driver's license

19  or temporary permit for a period not to exceed the expiration

20  date of the document presented or 2 years, whichever occurs

21  first.

22         (d)  Whether the applicant has previously been licensed

23  to drive, and, if so, when and by what state, and whether any

24  such license or driving privilege has ever been disqualified,

25  revoked, or suspended, or whether an application has ever been

26  refused, and, if so, the date of and reason for such

27  disqualification, suspension, revocation, or refusal.

28         (e)  Each such application may include fingerprints and

29  other unique biometric means of identity.

30         Section 47.  Paragraph (a) of subsection (1) of section

31  322.09, Florida Statutes, is amended to read:


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 1         322.09  Application of minors; responsibility for

 2  negligence or misconduct of minor.--

 3         (1)(a)  The application of any person under the age of

 4  18 years for a driver's license must be signed and verified

 5  before a person authorized to administer oaths by the father,

 6  mother, or guardian; by a secondary guardian if the primary

 7  guardian dies before the minor reaches 18 years of age;, or,

 8  if there is no parent or guardian, by another responsible

 9  adult who is willing to assume the obligation imposed under

10  this chapter upon a person signing the application of a minor.

11  This section does not apply to a person under the age of 18

12  years who is emancipated by marriage.

13         Section 48.  Section 322.11, Florida Statutes, is

14  amended to read:

15         322.11  Revocation of license upon death of person

16  signing minor's application.--The department, upon receipt of

17  satisfactory evidence of the death of the person who signed

18  the application of a minor for a license, shall, 90 days after

19  giving written notice to the minor, cancel such license and

20  may shall not issue a new license until such time as the new

21  application, duly signed and verified, is made as required by

22  this chapter.  This provision does shall not apply if in the

23  event the minor has attained the age of 18 years.

24         Section 49.  Subsection (3) of section 322.12, Florida

25  Statutes, is amended to read:

26         322.12  Examination of applicants.--

27         (3)  For an applicant for a Class D or a Class E

28  driver's license, such examination shall include a test of the

29  applicant's eyesight given by the driver's license examiner

30  designated by the department or by a licensed ophthalmologist,

31  optometrist, or physician and a test of the applicant's


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    CS for SB 1344                                 First Engrossed



 1  hearing given by a driver's license examiner or a licensed

 2  physician.  The examination shall also include a test of the

 3  applicant's ability to read and understand highway signs

 4  regulating, warning, and directing traffic; his or her

 5  knowledge of the traffic laws of this state, including laws

 6  regulating driving under the influence of alcohol or

 7  controlled substances, driving with an unlawful blood-alcohol

 8  level, and driving while intoxicated; and his or her knowledge

 9  of the effects of alcohol and controlled substances upon

10  persons and the dangers of driving a motor vehicle while under

11  the influence of alcohol or controlled substances and shall

12  include an actual demonstration of ability to exercise

13  ordinary and reasonable control in the operation of a motor

14  vehicle.

15         Section 50.  Subsections (1) and (4) of section

16  322.135, Florida Statutes, are amended, and subsection (9) is

17  added to that section, to read:

18         322.135  Driver's license agents.--

19         (1)  The department may, upon application, authorize

20  any or all of the tax collectors in the several counties of

21  the state, subject to the requirements of law, in accordance

22  with rules of the department, to serve as its agent for the

23  provision of specified driver's license services.

24         (a)  These services shall be limited to the issuance of

25  driver's licenses and identification cards as authorized by

26  this chapter.

27         (b)  Each tax collector who is authorized by the

28  department to provide driver's license services shall bear all

29  costs associated with providing those services.

30         (c)  A fee of $5.25 is to be charged, in addition to

31  the fees set forth in this chapter, for any driver's license


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    CS for SB 1344                                 First Engrossed



 1  issued or renewed by a tax collector. One dollar of the $5.25

 2  fee must be deposited into the Highway Safety Operating Trust

 3  Fund.

 4         (4)  A tax collector may not issue or renew a driver's

 5  license if he or she has any reason to believe that the

 6  licensee or prospective licensee is physically or mentally

 7  unqualified to operate a motor vehicle. The tax collector may

 8  shall direct any such licensee to the department for

 9  examination or reexamination under s. 322.221.

10         (9)  Notwithstanding chapter 116, each county officer

11  within this state who is authorized to collect funds provided

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

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

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

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

16  shall be made by means of electronic funds transfers.

17         Section 51.  Subsection (1) of section 322.142, Florida

18  Statutes, is amended to read:

19         322.142  Color photographic or digital imaged

20  licenses.--

21         (1)  The department shall, upon receipt of the required

22  fee, issue to each qualified applicant for a an original

23  driver's license a color photographic or digital imaged

24  driver's license bearing a fullface photograph or digital

25  image of the licensee. Notwithstanding chapter 761 or s.

26  761.05, the requirement for a fullface photograph or digital

27  image of the licensee may not be waived. A space shall be

28  provided upon which the licensee shall affix his or her usual

29  signature, as required in s. 322.14, in the presence of an

30  authorized agent of the department so as to ensure that such

31  signature becomes a part of the license.


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 1         Section 52.  Paragraph (a) of subsection (1) and

 2  subsection (2) of section 322.161, Florida Statutes, are

 3  amended to read:

 4         322.161  High-risk drivers; restricted licenses.--

 5         (1)(a)  Notwithstanding any provision of law to the

 6  contrary, the department shall restrict the driving privilege

 7  of any Class D or Class E licensee who is age 15 through 17

 8  and who has accumulated six or more points pursuant to s.

 9  318.14, excluding parking violations, within a 12-month

10  period.

11         (2)(a)  Any Class E licensee who is age 15 through 17

12  and who has accumulated six or more points pursuant to s.

13  318.14, excluding parking violations, within a 12-month period

14  shall not be eligible to obtain a Class D license for a period

15  of no less than 1 year.  The period of ineligibility shall

16  begin on the date of conviction for the violation that results

17  in the licensee's accumulation of six or more points.

18         (b)  The period of ineligibility shall automatically

19  expire after 1 year if the licensee does not accumulate any

20  additional points.  If the licensee accumulates any additional

21  points, then the period of ineligibility shall be extended 90

22  days for each point.  The period of ineligibility shall also

23  automatically expire upon the licensee's 18th birthday if no

24  other grounds for ineligibility exist.

25         Section 53.  Subsection (3) of section 322.17, Florida

26  Statutes, is amended to read:

27         322.17  Duplicate and replacement certificates.--

28         (3)  Notwithstanding any other provisions of this

29  chapter, if a licensee establishes his or her identity for a

30  driver's license using an identification document authorized

31  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the


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    CS for SB 1344                                 First Engrossed



 1  licensee may not obtain a duplicate or replacement instruction

 2  permit or driver's license except in person and upon

 3  submission of an identification document authorized under s.

 4  322.08(2)(c)6. or 7 s. 322.08(2)(c)5.-6.

 5         Section 54.  Subsections (2) and (4) of section 322.18,

 6  Florida Statutes, are amended to read:

 7         322.18  Original applications, licenses, and renewals;

 8  expiration of licenses; delinquent licenses.--

 9         (2)  Each applicant who is entitled to the issuance of

10  a driver's license, as provided in this section, shall be

11  issued a driver's license, as follows:

12         (a)  An applicant applying for an original issuance

13  shall be issued a driver's license which expires at midnight

14  on the licensee's birthday which next occurs on or after the

15  sixth anniversary of the date of issue.

16         (b)  An applicant applying for a renewal issuance or

17  renewal extension shall be issued a driver's license or

18  renewal extension sticker which expires at midnight on the

19  licensee's birthday which next occurs 4 years after the month

20  of expiration of the license being renewed, except that a

21  driver whose driving record reflects no convictions for the

22  preceding 3 years shall be issued a driver's license or

23  renewal extension sticker which expires at midnight on the

24  licensee's birthday which next occurs 6 years after the month

25  of expiration of the license being renewed.

26         (c)  Notwithstanding any other provision of this

27  chapter, if an applicant establishes his or her identity for a

28  driver's license using a document authorized under s.

29  322.08(2)(c)5. s. 322.08(2)(c)4., the driver's license shall

30  expire in accordance with paragraph (b). After an initial

31  


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    CS for SB 1344                                 First Engrossed



 1  showing of such documentation, he or she is exempted from

 2  having to renew or obtain a duplicate in person.

 3         (d)  Notwithstanding any other provision of this

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

 5  driver's license using a document authorized in s.

 6  322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the driver's

 7  license shall expire 2 4 years after the date of issuance or

 8  upon the expiration date cited on the United States Department

 9  of Homeland Security documents, whichever date first occurs.

10         (e)  Notwithstanding any other provision of this

11  chapter, an applicant applying for an original or renewal

12  issuance of a commercial driver's license as defined in s.

13  322.01(7), with a hazardous-materials endorsement, pursuant to

14  s. 322.57(1)(e), shall be issued a driver's license that

15  expires at midnight on the licensee's birthday that next

16  occurs 4 years after the month of expiration of the license

17  being issued or renewed.

18         (4)(a)  Except as otherwise provided in this chapter,

19  all licenses shall be renewable every 4 years or 6 years,

20  depending upon the terms of issuance and shall be issued or

21  extended upon application, payment of the fees required by s.

22  322.21, and successful passage of any required examination,

23  unless the department has reason to believe that the licensee

24  is no longer qualified to receive a license.

25         (b)  Notwithstanding any other provision of this

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

27  driver's license using a document authorized under s.

28  322.08(2)(c)5. s. 322.08(2)(c)4., the license, upon an initial

29  showing of such documentation, is exempted from having to

30  renew or obtain a duplicate in person, unless the renewal or

31  


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 1  duplication coincides with the periodic reexamination of a

 2  driver as required pursuant to s. 322.121.

 3         (c)  Notwithstanding any other provision of this

 4  chapter, if a licensee establishes his or her identity for a

 5  driver's license using an identification document authorized

 6  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the

 7  licensee may not renew the driver's license except in person

 8  and upon submission of an identification document authorized

 9  under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's

10  license renewed under this paragraph expires 4 years after the

11  date of issuance or upon the expiration date cited on the

12  United States Department of Homeland Security documents,

13  whichever date first occurs.

14         Section 55.  Subsection (4) of section 322.19, Florida

15  Statutes, is amended to read:

16         322.19  Change of address or name.--

17         (4)  Notwithstanding any other provision of this

18  chapter, if a licensee established his or her identity for a

19  driver's license using an identification document authorized

20  under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the

21  licensee may not change his or her name or address except in

22  person and upon submission of an identification document

23  authorized under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.

24         Section 56.  Subsection (1) of section 322.21, Florida

25  Statutes, is amended to read:

26         322.21  License fees; procedure for handling and

27  collecting fees.--

28         (1)  Except as otherwise provided herein, the fee for:

29         (a)  An original or renewal commercial driver's license

30  is $50, which shall include the fee for driver education

31  provided by s. 1003.48; however, if an applicant has completed


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    CS for SB 1344                                 First Engrossed



 1  training and is applying for employment or is currently

 2  employed in a public or nonpublic school system that requires

 3  the commercial license, the fee shall be the same as for a

 4  Class E driver's license.  A delinquent fee of $1 shall be

 5  added for a renewal made not more than 12 months after the

 6  license expiration date.

 7         (b)  An original Class D or Class E driver's license is

 8  $20, which shall include the fee for driver's education

 9  provided by s. 1003.48; however, if an applicant has completed

10  training and is applying for employment or is currently

11  employed in a public or nonpublic school system that requires

12  a commercial driver license, the fee shall be the same as for

13  a Class E license.

14         (c)  The renewal or extension of a Class D or Class E

15  driver's license or of a license restricted to motorcycle use

16  only is $15, except that a delinquent fee of $1 shall be added

17  for a renewal or extension made not more than 12 months after

18  the license expiration date.  The fee provided in this

19  paragraph shall include the fee for driver's education

20  provided by s. 1003.48.

21         (d)  An original driver's license restricted to

22  motorcycle use only is $20, which shall include the fee for

23  driver's education provided by s. 1003.48.

24         (e)  Each endorsement required by s. 322.57 is $5.

25         (f)  A hazardous-materials endorsement, as required by

26  s. 322.57(1)(d), shall be set by the department by rule and

27  shall reflect the cost of the required criminal history check,

28  including the cost of the state and federal fingerprint check,

29  and the cost to the department of providing and issuing the

30  license.  The fee shall not exceed $100. This fee shall be

31  


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    CS for SB 1344                                 First Engrossed



 1  deposited in the Highway Safety Operating Trust Fund. The

 2  department may adopt rules to administer this section.

 3         Section 57.  Present subsection (7) of section 322.212,

 4  Florida Statutes, is redesignated as subsection (8), and a new

 5  subsection (7) is added to that section, to read:

 6         322.212  Unauthorized possession of, and other unlawful

 7  acts in relation to, driver's license or identification

 8  card.--

 9         (7)  In addition to any other penalties provided by

10  this section, any person who provides false information when

11  applying for a commercial driver's license shall be

12  disqualified from operating a commercial motor vehicle for a

13  period of 60 days.

14         Section 58.  Subsection (1) of section 322.22, Florida

15  Statutes, is amended to read:

16         322.22  Authority of department to cancel license.--

17         (1)  The department is authorized to cancel any

18  driver's license, upon determining that the licensee was not

19  entitled to the issuance thereof, or that the licensee failed

20  to give the required or correct information in his or her

21  application or committed any fraud in making such application,

22  or that the licensee has two or more licenses on file with the

23  department, each in a different name but bearing the

24  photograph of the licensee, unless the licensee has complied

25  with the requirements of this chapter in obtaining the

26  licenses. The department may cancel any driver's license,

27  identification card, vehicle or vessel registration, or

28  fuel-use decal if the licensee fails to pay the correct fee or

29  pays for the driver's license, identification card, vehicle

30  or vessel registration, or fuel-use decal; pays any tax

31  liability, penalty, or interest specified in chapter 207; or


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    CS for SB 1344                                 First Engrossed



 1  pays any administrative, delinquency, or reinstatement fee by

 2  a dishonored check.

 3         Section 59.  Subsections (4) and (5) of section

 4  322.251, Florida Statutes, are amended to read:

 5         322.251  Notice of cancellation, suspension,

 6  revocation, or disqualification of license.--

 7         (4)  A person whose privilege to operate a commercial

 8  motor vehicle is temporarily disqualified may, upon

 9  surrendering his or her commercial driver's license, be issued

10  a Class D or Class E driver's license, valid for the length of

11  his or her unexpired commercial driver's license, at no cost.

12  Such person may, upon the completion of his or her

13  disqualification, be issued a commercial driver's license, of

14  the type disqualified, for the remainder of his or her

15  unexpired license period.  Any such person shall pay the

16  reinstatement fee provided in s. 322.21 before being issued a

17  commercial driver's license.

18         (5)  A person whose privilege to operate a commercial

19  motor vehicle is permanently disqualified may, upon

20  surrendering his or her commercial driver's license, be issued

21  a Class D or Class E driver's license, if he or she is

22  otherwise qualified to receive such license.  Any such person

23  shall be issued a Class D or Class E license, valid for the

24  remainder of his or her unexpired license period, at no cost.

25         Section 60.  Subsections (1), (7), (10), and (11) of

26  section 322.2615, Florida Statutes, are amended to read:

27         322.2615  Suspension of license; right to review.--

28         (1)(a)  A law enforcement officer or correctional

29  officer shall, on behalf of the department, suspend the

30  driving privilege of a person who has been arrested by a law

31  enforcement officer for a violation of s. 316.193, relating to


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    CS for SB 1344                                 First Engrossed



 1  unlawful blood-alcohol level or breath-alcohol level, or of a

 2  person who has refused to submit to a breath, urine, or blood

 3  test authorized by s. 316.1932.  The officer shall take the

 4  person's driver's license and issue the person a 10-day

 5  temporary permit if the person is otherwise eligible for the

 6  driving privilege and shall issue the person a notice of

 7  suspension. If a blood test has been administered, the results

 8  of which are not available to the officer at the time of the

 9  arrest, the agency employing the officer shall transmit such

10  results to the department within 5 days after receipt of the

11  results.  If the department then determines that the person

12  was arrested for a violation of s. 316.193 and that the person

13  had a blood-alcohol level or breath-alcohol level of 0.08 or

14  higher, the department shall suspend the person's driver's

15  license pursuant to subsection (3).

16         (b)  The suspension under paragraph (a) shall be

17  pursuant to, and the notice of suspension shall inform the

18  driver of, the following:

19         1.a.  The driver refused to submit to a lawful breath,

20  blood, or urine test and his or her driving privilege is

21  suspended for a period of 1 year for a first refusal or for a

22  period of 18 months if his or her driving privilege has been

23  previously suspended as a result of a refusal to submit to

24  such a test; or

25         b.  The driver violated s. 316.193 by driving with an

26  unlawful blood-alcohol level or breath-alcohol level as

27  provided in that section and his or her driving privilege is

28  suspended for a period of 6 months for a first offense or for

29  a period of 1 year if his or her driving privilege has been

30  previously suspended for a violation of s. 316.193.

31  


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    CS for SB 1344                                 First Engrossed



 1         2.  The suspension period shall commence on the date of

 2  arrest or issuance of the notice of suspension, whichever is

 3  later.

 4         3.  The driver may request a formal or informal review

 5  of the suspension by the department within 10 days after the

 6  date of arrest or issuance of the notice of suspension,

 7  whichever is later.

 8         4.  The temporary permit issued at the time of arrest

 9  will expire at midnight of the 10th day following the date of

10  arrest or issuance of the notice of suspension, whichever is

11  later.

12         5.  The driver may submit to the department any

13  materials relevant to the arrest.

14         (7)  In a formal review hearing under subsection (6) or

15  an informal review hearing under subsection (4), the hearing

16  officer shall determine by a preponderance of the evidence

17  whether sufficient cause exists to sustain, amend, or

18  invalidate the suspension.  The scope of the review shall be

19  limited to the following issues:

20         (a)  If the license was suspended for driving with an

21  unlawful blood-alcohol level or breath-alcohol level in

22  violation of s. 316.193:

23         1.  Whether the arresting law enforcement officer had

24  probable cause to believe that the person was driving or in

25  actual physical control of a motor vehicle in this state while

26  under the influence of alcoholic beverages or controlled

27  substances.

28         2.  Whether the person was placed under lawful arrest

29  for a violation of s. 316.193.

30         3.  Whether the person had an unlawful blood-alcohol

31  level or breath-alcohol level as provided in s. 316.193.


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    CS for SB 1344                                 First Engrossed



 1         (b)  If the license was suspended for refusal to submit

 2  to a breath, blood, or urine test:

 3         1.  Whether the arresting law enforcement officer had

 4  probable cause to believe that the person was driving or in

 5  actual physical control of a motor vehicle in this state while

 6  under the influence of alcoholic beverages or controlled

 7  substances.

 8         2.  Whether the person was placed under lawful arrest

 9  for a violation of s. 316.193.

10         3.  Whether the person refused to submit to any such

11  test after being requested to do so by a law enforcement

12  officer or correctional officer.

13         4.  Whether the person was told that if he or she

14  refused to submit to such test his or her privilege to operate

15  a motor vehicle would be suspended for a period of 1 year or,

16  in the case of a second or subsequent refusal, for a period of

17  18 months.

18         (10)  A person whose driver's license is suspended

19  under subsection (1) or subsection (3) may apply for issuance

20  of a license for business or employment purposes only if the

21  person is otherwise eligible for the driving privilege

22  pursuant to s. 322.271.

23         (a)  If the suspension of the driver's license of the

24  person for failure to submit to a breath, urine, or blood test

25  is sustained, the person is not eligible to receive a license

26  for business or employment purposes only, pursuant to s.

27  322.271, until 90 days have elapsed after the expiration of

28  the last temporary permit issued.  If the driver is not issued

29  a 10-day permit pursuant to this section or s. 322.64 because

30  he or she is ineligible for the permit and the suspension for

31  failure to submit to a breath, urine, or blood test is not


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    CS for SB 1344                                 First Engrossed



 1  invalidated by the department, the driver is not eligible to

 2  receive a business or employment license pursuant to s.

 3  322.271 until 90 days have elapsed from the date of the

 4  suspension.

 5         (b)  If the suspension of the driver's license of the

 6  person arrested for a violation of s. 316.193, relating to

 7  unlawful blood-alcohol level, or breath-alcohol level is

 8  sustained, the person is not eligible to receive a license for

 9  business or employment purposes only pursuant to s. 322.271

10  until 30 days have elapsed after the expiration of the last

11  temporary permit issued.  If the driver is not issued a 10-day

12  permit pursuant to this section or s. 322.64 because he or she

13  is ineligible for the permit and the suspension for a

14  violation of s. 316.193, relating to unlawful blood-alcohol

15  level, is not invalidated by the department, the driver is not

16  eligible to receive a business or employment license pursuant

17  to s. 322.271 until 30 days have elapsed from the date of the

18  arrest.

19         (11)  The formal review hearing may be conducted upon a

20  review of the reports of a law enforcement officer or a

21  correctional officer, including documents relating to the

22  administration of a breath test or blood test or the refusal

23  to take either test or the refusal to take a urine test.

24  However, as provided in subsection (6), the driver may

25  subpoena the officer or any person who administered or

26  analyzed a breath or blood test.

27         Section 61.  Paragraph (d) of subsection (3) of section

28  322.27, Florida Statutes, is amended to read:

29         322.27  Authority of department to suspend or revoke

30  license.--

31  


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    CS for SB 1344                                 First Engrossed



 1         (3)  There is established a point system for evaluation

 2  of convictions of violations of motor vehicle laws or

 3  ordinances, and violations of applicable provisions of s.

 4  403.413(6)(b) when such violations involve the use of motor

 5  vehicles, for the determination of the continuing

 6  qualification of any person to operate a motor vehicle. The

 7  department is authorized to suspend the license of any person

 8  upon showing of its records or other good and sufficient

 9  evidence that the licensee has been convicted of violation of

10  motor vehicle laws or ordinances, or applicable provisions of

11  s. 403.413(6)(b), amounting to 12 or more points as determined

12  by the point system. The suspension shall be for a period of

13  not more than 1 year.

14         (d)  The point system shall have as its basic element a

15  graduated scale of points assigning relative values to

16  convictions of the following violations:

17         1.  Reckless driving, willful and wanton--4 points.

18         2.  Leaving the scene of a crash resulting in property

19  damage of more than $50--6 points.

20         3.  Unlawful speed resulting in a crash--6 points.

21         4.  Passing a stopped school bus--4 points.

22         5.  Unlawful speed:

23         a.  Not in excess of 15 miles per hour of lawful or

24  posted speed--3 points.

25         b.  In excess of 15 miles per hour of lawful or posted

26  speed--4 points.

27         6.  All other moving violations (including parking on a

28  highway outside the limits of a municipality)--3 points.

29  However, no points shall be imposed for a violation of s.

30  316.0741 or s. 316.2065(12).

31  


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    CS for SB 1344                                 First Engrossed



 1         7.  Any moving violation covered above, excluding

 2  unlawful speed, resulting in a crash--4 points.

 3         8.  Any conviction under s. 403.413(6)(b) s.

 4  403.413(5)(b)--3 points.

 5         9.  Any conviction under s. 316.0775(2)--4 points.

 6         Section 62.  Section 322.30, Florida Statutes, is

 7  amended to read:

 8         322.30  No operation under foreign license during

 9  suspension, revocation, or disqualification in this state.--

10         (1)  Any resident or nonresident whose driver's license

11  or right or privilege to operate a motor vehicle in this state

12  has been suspended, revoked, or disqualified as provided in

13  this chapter, shall not operate a motor vehicle in this state

14  under a license, permit, or registration certificate issued by

15  any other jurisdiction or otherwise during such suspension,

16  revocation, or disqualification until a new license is

17  obtained.

18         (2)  Notwithstanding subsection (1), any commercial

19  motor vehicle operator whose privilege to operate such vehicle

20  is disqualified may operate a motor vehicle in this state as a

21  Class D or Class E licensee, if authorized by this chapter.

22         Section 63.  Paragraph (b) of subsection (2) and

23  subsections (4), (5), and (6) of section 322.53, Florida

24  Statutes, are amended to read:

25         322.53  License required; exemptions.--

26         (2)  The following persons are exempt from the

27  requirement to obtain a commercial driver's license:

28         (b)  Military personnel driving military vehicles

29  operated for military purposes.

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

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


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    CS for SB 1344                                 First Engrossed



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

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

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

 4  or her exemption is granted.

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

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

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

 8  drive a commercial motor vehicle pursuant to the exemption

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

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

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

12         (5)(6)  The department shall adopt rules and enter into

13  necessary agreements with other jurisdictions to provide for

14  the operation of commercial vehicles by nonresidents pursuant

15  to the exemption granted in subsection (2).

16         Section 64.  Subsection (2) of section 322.54, Florida

17  Statutes, is amended to read:

18         322.54  Classification.--

19         (2)  The department shall issue, pursuant to the

20  requirements of this chapter, drivers' licenses in accordance

21  with the following classifications:

22         (a)  Any person who drives a motor vehicle combination

23  having a gross vehicle weight rating, a declared weight, or an

24  actual weight, whichever is greatest, of 26,001 pounds or more

25  must possess a valid Class A driver's license, provided the

26  gross vehicle weight rating, declared weight, or actual

27  weight, whichever is greatest, of the vehicle being towed is

28  more than 10,000 pounds.  Any person who possesses a valid

29  Class A driver's license may, subject to the appropriate

30  restrictions and endorsements, drive any class of motor

31  vehicle within this state.


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    CS for SB 1344                                 First Engrossed



 1         (b)  Any person, except a person who possesses a valid

 2  Class A driver's license, who drives a motor vehicle having a

 3  gross vehicle weight rating, a declared weight, or an actual

 4  weight, whichever is greatest, of 26,001 pounds or more must

 5  possess a valid Class B driver's license.  Any person, except

 6  a person who possesses a valid Class A driver's license, who

 7  drives such vehicle towing a vehicle having a gross vehicle

 8  weight rating, a declared weight, or an actual weight,

 9  whichever is greatest, of 10,000 pounds or less must possess a

10  valid Class B driver's license.  Any person who possesses a

11  valid Class B driver's license may, subject to the appropriate

12  restrictions and endorsements, drive any class of motor

13  vehicle, other than the type of motor vehicle for which a

14  Class A driver's license is required, within this state.

15         (c)  Any person, except a person who possesses a valid

16  Class A or a valid Class B driver's license, who drives a

17  motor vehicle combination having a gross vehicle weight

18  rating, a declared weight, or an actual weight, whichever is

19  greatest, of 26,001 pounds or more must possess a valid Class

20  C driver's license.  Any person, except a person who possesses

21  a valid Class A or a valid Class B driver's license, who

22  drives a motor vehicle combination having a gross vehicle

23  weight rating, a declared weight, or an actual weight,

24  whichever is greatest, of less than 26,001 pounds and who is

25  required to obtain an endorsement pursuant to paragraph

26  (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d),

27  or paragraph (1)(e) of s. 322.57, must possess a valid Class C

28  driver's license that is clearly restricted to the operation

29  of a motor vehicle or motor vehicle combination of less than

30  26,001 pounds.  Any person who possesses a valid Class C

31  driver's license may, subject to the appropriate restrictions


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    CS for SB 1344                                 First Engrossed



 1  and endorsements, drive any class of motor vehicle, other than

 2  the type of motor vehicle for which a Class A or a Class B

 3  driver's license is required, within this state.

 4         (d)  Any person, except a person who possesses a valid

 5  Class A, valid Class B, or valid Class C driver's license, who

 6  drives a truck or a truck tractor having a gross vehicle

 7  weight rating, a declared weight, or an actual weight,

 8  whichever is greatest, of 8,000 pounds or more but less than

 9  26,001 pounds, or which has a width of more than 80 inches

10  must possess a valid Class D driver's license. Any person who

11  possesses a valid Class D driver's license may, subject to the

12  appropriate restrictions and endorsements, drive any type of

13  motor vehicle, other than the type of motor vehicle for which

14  a Class A, Class B, or Class C driver's license is required,

15  within this state.

16         (d)(e)  Any person, except a person who possesses a

17  valid Class A, valid Class B, or valid Class C, or valid Class

18  D driver's license, who drives a motor vehicle must possess a

19  valid Class E driver's license.  Any person who possesses a

20  valid Class E driver's license may, subject to the appropriate

21  restrictions and endorsements, drive any type of motor

22  vehicle, other than the type of motor vehicle for which a

23  Class A, Class B, or Class C, or Class D driver's license is

24  required, within this state.

25         Section 65.  Subsections (1) and (2) of section 322.57,

26  Florida Statutes, are amended to read:

27         322.57  Tests of knowledge concerning specified

28  vehicles; endorsement; nonresidents; violations.--

29         (1)  In addition to fulfilling any other driver's

30  licensing requirements of this chapter, a person who:

31  


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    CS for SB 1344                                 First Engrossed



 1         (a)  Drives a double or triple trailer must

 2  successfully complete a test of his or her knowledge

 3  concerning the safe operation of such vehicles.

 4         (b)  Drives a passenger vehicle must successfully

 5  complete a test of his or her knowledge concerning the safe

 6  operation of such vehicles and a test of his or her driving

 7  skill in such a vehicle.

 8         (c)  Drives a school bus must successfully complete a

 9  test of his or her knowledge concerning the safe operation of

10  such vehicles and a test of his or her driving skill in such a

11  vehicle. This subsection shall be implemented in accordance

12  with 49 C.F.R. part 383.123.

13         (d)(c)  Drives a tank vehicle must successfully

14  complete a test of his or her knowledge concerning the safe

15  operation of such vehicles.

16         (e)(d)  Drives a vehicle that transports hazardous

17  materials and that is required to be placarded in accordance

18  with Title 49 C.F.R. part 172, subpart F, must successfully

19  complete a test of his or her knowledge concerning the safe

20  operation of such vehicles. Knowledge tests for

21  hazardous-materials endorsements may not be administered

22  orally for individuals applying for an initial

23  hazardous-materials endorsement after June 30, 1994.

24         (f)(e)  Operates a tank vehicle transporting hazardous

25  materials must successfully complete the tests required in

26  paragraphs (d) (c) and (e) (d) so that the department may

27  issue a single endorsement permitting him or her to operate

28  such tank vehicle.

29         (g)(f)  Drives a motorcycle must successfully complete

30  a test of his or her knowledge concerning the safe operation

31  of such vehicles and a test of his or her driving skills on


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    CS for SB 1344                                 First Engrossed



 1  such vehicle.  A person who successfully completes such tests

 2  shall be issued an endorsement if he or she is licensed to

 3  drive another type of motor vehicle.  A person who

 4  successfully completes such tests and who is not licensed to

 5  drive another type of motor vehicle shall be issued a Class E

 6  driver's license that is clearly restricted to motorcycle use

 7  only.

 8         (2)  Before driving or operating any vehicle listed in

 9  subsection (1), a person must obtain an endorsement on his or

10  her driver's license.  An endorsement under paragraph (a),

11  paragraph (b), paragraph (c), paragraph (d), or paragraph (e),

12  or paragraph (f) of subsection (1) shall be issued only to

13  persons who possess a valid Class A, valid Class B, or valid

14  Class C driver's license.  A person who drives a motor vehicle

15  or motor vehicle combination that requires an endorsement

16  under this subsection and who drives a motor vehicle or motor

17  vehicle combination having a gross vehicle weight rating, a

18  declared weight, or an actual weight, whichever is greatest,

19  of less than 26,000 pounds shall be issued a Class C driver's

20  license that is clearly restricted to the operation of a motor

21  vehicle or motor vehicle combination of less than 26,000

22  pounds.

23         Section 66.  Paragraph (a) of subsection (1) of section

24  322.58, Florida Statutes, is amended to read:

25         322.58  Holders of chauffeur's licenses; effect of

26  classified licensure.--

27         (1)  In order to provide for the classified licensure

28  of commercial motor vehicle drivers, the department shall

29  require persons who have valid chauffeur's licenses to report

30  on or after April 1, 1991, to the department for classified

31  


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    CS for SB 1344                                 First Engrossed



 1  licensure, according to a schedule developed by the

 2  department.

 3         (a)  Any person who holds a valid chauffeur's license

 4  may continue to operate vehicles for which a Class E D

 5  driver's license is required until his or her chauffeur's

 6  license expires.

 7         Section 67.  Subsections (1), (2), (3), (7), (8), and

 8  (10) of section 322.61, Florida Statutes, are amended, and

 9  subsections (4) and (5) of that section are reenacted, to

10  read:

11         322.61  Disqualification from operating a commercial

12  motor vehicle.--

13         (1)  A person who, for offenses occurring within a

14  3-year period, is convicted of two of the following serious

15  traffic violations or any combination thereof, arising in

16  separate incidents committed in a commercial motor vehicle

17  shall, in addition to any other applicable penalties, be

18  disqualified from operating a commercial motor vehicle for a

19  period of 60 days. A person who, for offenses occurring within

20  a 3-year period, is convicted of two of the following serious

21  traffic violations or any combination thereof, arising in

22  separate incidents committed in a noncommercial motor vehicle

23  shall, in addition to any other applicable penalties, be

24  disqualified from operating a commercial motor vehicle for a

25  period of 60 days if such convictions result in the

26  suspension, revocation, or cancellation of the licenseholder's

27  driving privilege:

28         (a)  A violation of any state or local law relating to

29  motor vehicle traffic control, other than a parking violation,

30  a weight violation, or a vehicle equipment violation, arising

31  


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    CS for SB 1344                                 First Engrossed



 1  in connection with a crash resulting in death or personal

 2  injury to any person;

 3         (b)  Reckless driving, as defined in s. 316.192;

 4         (c)  Careless driving, as defined in s. 316.1925;

 5         (d)  Fleeing or attempting to elude a law enforcement

 6  officer, as defined in s. 316.1935;

 7         (e)  Unlawful speed of 15 miles per hour or more above

 8  the posted speed limit;

 9         (f)  Driving a commercial motor vehicle, owned by such

10  person, which is not properly insured;

11         (g)  Improper lane change, as defined in s. 316.085; or

12         (h)  Following too closely, as defined in s. 316.0895;.

13         (i)  Driving a commercial vehicle without obtaining a

14  commercial driver's license;

15         (j)  Driving a commercial vehicle without a commercial

16  driver's license in possession; or

17         (k)  Driving a commercial vehicle without the proper

18  class of commercial driver's license or without the proper

19  endorsement.

20         (2)  Any person who, for offenses occurring within a

21  3-year period, is convicted of three serious traffic

22  violations specified in subsection (1) or any combination

23  thereof, arising in separate incidents committed in a

24  commercial motor vehicle shall, in addition to any other

25  applicable penalties, including, but not limited to, the

26  penalty provided in subsection (1), be disqualified from

27  operating a commercial motor vehicle for a period of 120 days.

28  A person who, for offenses occurring within a 3-year period,

29  is convicted of three serious traffic violations specified in

30  subsection (1) or any combination thereof, arising in separate

31  incidents committed in a noncommercial motor vehicle shall, in


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    CS for SB 1344                                 First Engrossed



 1  addition to any other applicable penalties, including, but not

 2  limited to, the penalty provided in subsection (1), be

 3  disqualified from operating a commercial motor vehicle for a

 4  period of 120 days if such convictions result in the

 5  suspension, revocation, or cancellation of the licenseholder's

 6  driving privilege.

 7         (3)  Except as provided in subsection (4), any person

 8  who is convicted of one of the following offenses shall, in

 9  addition to any other applicable penalties, be disqualified

10  from operating a commercial motor vehicle for a period of 1

11  year:

12         (a)  Driving a commercial motor vehicle while he or she

13  is under the influence of alcohol or a controlled substance;

14         (b)  Driving a commercial motor vehicle while the

15  alcohol concentration of his or her blood, breath, or urine is

16  .04 percent or higher;

17         (c)  Leaving the scene of a crash involving a

18  commercial motor vehicle driven by such person;

19         (d)  Using a commercial motor vehicle in the commission

20  of a felony;

21         (e)  Driving a commercial motor vehicle while in

22  possession of a controlled substance; or

23         (f)  Refusing to submit to a test to determine his or

24  her alcohol concentration while driving a commercial motor

25  vehicle;.

26         (g)  Driving a commercial vehicle while the

27  licenseholder's commercial driver's license is suspended,

28  revoked, or canceled or while the licenseholder is

29  disqualified from driving a commercial vehicle; or

30         (h)  Causing a fatality through the negligent operation

31  of a commercial motor vehicle.


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    CS for SB 1344                                 First Engrossed



 1         (4)  Any person who is transporting hazardous materials

 2  in a vehicle that is required to be placarded in accordance

 3  with Title 49 C.F.R. part 172, subpart F shall, upon

 4  conviction of an offense specified in subsection (3), be

 5  disqualified from operating a commercial motor vehicle for a

 6  period of 3 years.  The penalty provided in this subsection

 7  shall be in addition to any other applicable penalty.

 8         (5)  Any person who is convicted of two violations

 9  specified in subsection (3), or any combination thereof,

10  arising in separate incidents shall be permanently

11  disqualified from operating a commercial motor vehicle. The

12  penalty provided in this subsection shall be in addition to

13  any other applicable penalty.

14         (7)  A person whose privilege to operate a commercial

15  motor vehicle is disqualified under this section may, if

16  otherwise qualified, be issued a Class D or Class E driver's

17  license, pursuant to s. 322.251.

18         (8)  A driver who is convicted of or otherwise found to

19  have committed a violation of an out-of-service order while

20  driving a commercial motor vehicle is disqualified as follows:

21         (a)  Not less than 90 days nor more than 1 year if the

22  driver is convicted of or otherwise found to have committed a

23  first violation of an out-of-service order.

24         (b)  Not less than 1 year nor more than 5 years if, for

25  offenses occurring during any 10-year period, the driver is

26  convicted of or otherwise found to have committed two

27  violations of out-of-service orders in separate incidents.

28         (c)  Not less than 3 years nor more than 5 years if,

29  for offenses occurring during any 10-year period, the driver

30  is convicted of or otherwise found to have committed three or

31  


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    CS for SB 1344                                 First Engrossed



 1  more violations of out-of-service orders in separate

 2  incidents.

 3         (d)  Not less than 180 days nor more than 2 years if

 4  the driver is convicted of or otherwise found to have

 5  committed a first violation of an out-of-service order while

 6  transporting hazardous materials required to be placarded

 7  under the Hazardous Materials Transportation Act, 49 U.S.C.

 8  ss. 5101 et seq., or while operating motor vehicles designed

 9  to transport more than 15 passengers, including the driver. A

10  driver is disqualified for a period of not less than 3 years

11  nor more than 5 years if, for offenses occurring during any

12  10-year period, the driver is convicted of or otherwise found

13  to have committed any subsequent violations of out-of-service

14  orders, in separate incidents, while transporting hazardous

15  materials required to be placarded under the Hazardous

16  Materials Transportation Act 49 U.S.C. ss. 5101 et seq., or

17  while operating motor vehicles designed to transport more than

18  15 passengers, including the driver.

19         (10)(a)  A driver must be disqualified for not less

20  than 60 days if the driver is convicted of or otherwise found

21  to have committed a first violation of a railroad-highway

22  grade crossing violation.

23         (b)  A driver must be disqualified for not less than

24  120 days if, for offenses occurring during any 3-year period,

25  the driver is convicted of or otherwise found to have

26  committed a second railroad-highway grade crossing violation

27  in separate incidents.

28         (c)  A driver must be disqualified for not less than 1

29  year if, for offenses occurring during any 3-year period, the

30  driver is convicted of or otherwise found to have committed a

31  


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    CS for SB 1344                                 First Engrossed



 1  third or subsequent railroad-highway grade crossing violation

 2  in separate incidents.

 3         Section 68.  Subsection (1) and paragraph (a) of

 4  subsection (3) of section 322.63, Florida Statutes, are

 5  amended to read:

 6         322.63  Alcohol or drug testing; commercial motor

 7  vehicle operators.--

 8         (1)  A person who accepts the privilege extended by the

 9  laws of this state of operating a commercial motor vehicle

10  within this state shall, by so operating such commercial motor

11  vehicle, be deemed to have given his or her consent to submit

12  to an approved chemical or physical test of his or her blood

13  or, breath, or urine for the purpose of determining his or her

14  alcohol concentration, and to a urine test or for the purpose

15  of detecting the presence of chemical substances as set forth

16  in s. 877.111 or of controlled substances.

17         (a)  By applying for a commercial driver's license and

18  by accepting and using a commercial driver's license, the

19  person holding the commercial driver's license is deemed to

20  have expressed his or her consent to the provisions of this

21  section.

22         (b)  Any person who drives a commercial motor vehicle

23  within this state and who is not required to obtain a

24  commercial driver's license in this state is, by his or her

25  act of driving a commercial motor vehicle within this state,

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

27  of this section.

28         (c)  A notification of the consent provision of this

29  section shall be printed above the signature line on each new

30  or renewed commercial driver's license issued after March 31,

31  1991.


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    CS for SB 1344                                 First Engrossed



 1         (3)(a)  The breath and blood physical and chemical

 2  tests authorized in this section shall be administered

 3  substantially in accordance with rules adopted by the

 4  Department of Law Enforcement.

 5         Section 69.  Subsection (1) of section 322.64, Florida

 6  Statutes, is amended, and, for the purpose of incorporating

 7  the amendment to section 322.61, Florida Statutes, in a

 8  reference thereto, subsection (14) of that section is

 9  reenacted, to read:

10         322.64  Holder of commercial driver's license; driving

11  with unlawful blood-alcohol level; refusal to submit to

12  breath, urine, or blood test.--

13         (1)(a)  A law enforcement officer or correctional

14  officer shall, on behalf of the department, disqualify from

15  operating any commercial motor vehicle a person who while

16  operating or in actual physical control of a commercial motor

17  vehicle is arrested for a violation of s. 316.193, relating to

18  unlawful blood-alcohol level or breath-alcohol level, or a

19  person who has refused to submit to a breath, urine, or blood

20  test authorized by s. 322.63 arising out of the operation or

21  actual physical control of a commercial motor vehicle.  Upon

22  disqualification of the person, the officer shall take the

23  person's driver's license and issue the person a 10-day

24  temporary permit for the operation of noncommercial vehicles

25  only if the person is otherwise eligible for the driving

26  privilege and shall issue the person a notice of

27  disqualification.  If the person has been given a blood,

28  breath, or urine test, the results of which are not available

29  to the officer at the time of the arrest, the agency employing

30  the officer shall transmit such results to the department

31  within 5 days after receipt of the results.  If the department


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    CS for SB 1344                                 First Engrossed



 1  then determines that the person was arrested for a violation

 2  of s. 316.193 and that the person had a blood-alcohol level or

 3  breath-alcohol level of 0.08 or higher, the department shall

 4  disqualify the person from operating a commercial motor

 5  vehicle pursuant to subsection (3).

 6         (b)  The disqualification under paragraph (a) shall be

 7  pursuant to, and the notice of disqualification shall inform

 8  the driver of, the following:

 9         1.a.  The driver refused to submit to a lawful breath,

10  blood, or urine test and he or she is disqualified from

11  operating a commercial motor vehicle for a period of 1 year,

12  for a first refusal, or permanently, if he or she has

13  previously been disqualified as a result of a refusal to

14  submit to such a test; or

15         b.  The driver violated s. 316.193 by driving with an

16  unlawful blood-alcohol level and he or she is disqualified

17  from operating a commercial motor vehicle for a period of 6

18  months for a first offense or for a period of 1 year if he or

19  she has previously been disqualified, or his or her driving

20  privilege has been previously suspended, for a violation of s.

21  316.193.

22         2.  The disqualification period for operating

23  commercial vehicles shall commence on the date of arrest or

24  issuance of notice of disqualification, whichever is later.

25         3.  The driver may request a formal or informal review

26  of the disqualification by the department within 10 days after

27  the date of arrest or issuance of notice of disqualification,

28  whichever is later.

29         4.  The temporary permit issued at the time of arrest

30  or disqualification will expire at midnight of the 10th day

31  following the date of disqualification.


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    CS for SB 1344                                 First Engrossed



 1         5.  The driver may submit to the department any

 2  materials relevant to the arrest.

 3         (14)  The decision of the department under this section

 4  shall not be considered in any trial for a violation of s.

 5  316.193, s. 322.61, or s. 322.62, nor shall any written

 6  statement submitted by a person in his or her request for

 7  departmental review under this section be admissible into

 8  evidence against him or her in any such trial. The disposition

 9  of any related criminal proceedings shall not affect a

10  disqualification imposed pursuant to this section.

11         Section 70.  Paragraphs (c) and (f) of subsection (13)

12  of section 713.78, Florida Statutes, are amended to read:

13         713.78  Liens for recovering, towing, or storing

14  vehicles and vessels.--

15         (13)

16         (c)1.  The registered owner of a vehicle, vessel, or

17  mobile home may dispute a wrecker operator's lien, by

18  notifying the department of the dispute in writing on forms

19  provided by the department, if at least one of the following

20  applies:

21         a.  The registered owner presents a notarized bill of

22  sale proving that the vehicle, vessel, or mobile home was sold

23  in a private or casual sale before the vehicle, vessel, or

24  mobile home was recovered, towed, or stored.

25         b.  The registered owner presents proof that the

26  Florida certificate of title of the vehicle, vessel, or mobile

27  home was sold to a licensed dealer as defined in s. 319.001

28  before the vehicle, vessel, or mobile home was recovered,

29  towed, or stored.

30         c.  The records of the department were marked "sold"

31  prior to the date of the tow.


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    CS for SB 1344                                 First Engrossed



 1  

 2  If the registered owner's dispute of a wrecker operator's lien

 3  complies with one of these criteria, the department shall

 4  immediately remove the registered owner's name from the list

 5  of those persons who may not be issued a license plate or

 6  revalidation sticker for any motor vehicle under s. 320.03(8),

 7  thereby allowing issuance of a license plate or revalidation

 8  sticker. If the vehicle, vessel, or mobile home is owned

 9  jointly by more than one person, each registered owner must

10  dispute the wrecker operator's lien in order to be removed

11  from the list. However, the department shall deny any dispute

12  and maintain the registered owner's name on the list of those

13  persons who may not be issued a license plate or revalidation

14  sticker for any motor vehicle under s. 320.03(8) if the

15  wrecker operator has provided the department with a certified

16  copy of the judgment of a court which orders the registered

17  owner to pay the wrecker operator's lien claimed under this

18  section. In such a case, the amount of the wrecker operator's

19  lien allowed by paragraph (b) may be increased to include no

20  more than $500 of the reasonable costs and attorney's fees

21  incurred in obtaining the judgment. The department's action

22  under this subparagraph is ministerial in nature, shall not be

23  considered final agency action, and is appealable only to the

24  county court for the county in which the vehicle, vessel, or

25  mobile home was ordered removed.

26         2.  A person against whom a wrecker operator's lien has

27  been imposed may alternatively obtain a discharge of the lien

28  by filing a complaint, challenging the validity of the lien or

29  the amount thereof, in the county court of the county in which

30  the vehicle, vessel, or mobile home was ordered removed. Upon

31  filing of the complaint, the person may have her or his name


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    CS for SB 1344                                 First Engrossed



 1  removed from the list of those persons who may not be issued a

 2  license plate or revalidation sticker for any motor vehicle

 3  under s. 320.03(8), thereby allowing issuance of a license

 4  plate or revalidation sticker, upon posting with the court a

 5  cash or surety bond or other adequate security equal to the

 6  amount of the wrecker operator's lien to ensure the payment of

 7  such lien in the event she or he does not prevail. Upon the

 8  posting of the bond and the payment of the applicable fee set

 9  forth in s. 28.24, the clerk of the court shall issue a

10  certificate notifying the department of the posting of the

11  bond and directing the department to release the wrecker

12  operator's lien. Upon determining the respective rights of the

13  parties, the court may award damages and costs in favor of the

14  prevailing party.

15         3.  If a person against whom a wrecker operator's lien

16  has been imposed does not object to the lien, but cannot

17  discharge the lien by payment because the wrecker operator has

18  moved or gone out of business, the person may have her or his

19  name removed from the list of those persons who may not be

20  issued a license plate or revalidation sticker for any motor

21  vehicle under s. 320.03(8), thereby allowing issuance of a

22  license plate or revalidation sticker, upon posting with the

23  clerk of court in the county in which the vehicle, vessel, or

24  mobile home was ordered removed, a cash or surety bond or

25  other adequate security equal to the amount of the wrecker

26  operator's lien. Upon the posting of the bond and the payment

27  of the application fee set forth in s. 28.24, the clerk of the

28  court shall issue a certificate notifying the department of

29  the posting of the bond and directing the department to

30  release the wrecker operator's lien. The department shall mail

31  to the wrecker operator, at the address upon the lien form,


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    CS for SB 1344                                 First Engrossed



 1  notice that the wrecker operator must claim the security

 2  within 60 days, or the security will be released back to the

 3  person who posted it. At the conclusion of the 60 days, the

 4  department shall direct the clerk as to which party is

 5  entitled to payment of the security, less applicable clerk's

 6  fees.

 7         4.  A wrecker operator's lien expires 5 years after

 8  filing.

 9         (f)  This subsection applies only to the annual renewal

10  in the registered owner's birth month of a motor vehicle

11  registration and does not apply to the transfer of a

12  registration of a motor vehicle sold by a motor vehicle dealer

13  licensed under chapter 320, except for the transfer of

14  registrations which is inclusive of the annual renewals. This

15  subsection does not apply to any vehicle registered in the

16  name of the lessor. This subsection does not affect the

17  issuance of the title to a motor vehicle, notwithstanding s.

18  319.23(7)(b).

19         Section 71.  Section 843.16, Florida Statutes, is

20  amended to read:

21         843.16  Unlawful to install or transport radio

22  equipment using assigned frequency of state or law enforcement

23  officers; definitions; exceptions; penalties.--

24         (1)  A No person, firm, or corporation may not shall

25  install or transport in any motor vehicle or business

26  establishment, except an emergency vehicle or crime watch

27  vehicle as herein defined or a place established by municipal,

28  county, state, or federal authority for governmental purposes,

29  any frequency modulation radio receiving equipment so adjusted

30  or tuned as to receive messages or signals on frequencies

31  assigned by the Federal Communications Commission to police or


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    CS for SB 1344                                 First Engrossed



 1  law enforcement officers or fire rescue personnel of any city

 2  or county of the state or to the state or any of its agencies.

 3  Provided, nothing herein shall be construed to affect any

 4  radio station licensed by the Federal Communications System or

 5  to affect any recognized newspaper or news publication engaged

 6  in covering the news on a full-time basis or any alarm system

 7  contractor certified pursuant to part II of chapter 489,

 8  operating a central monitoring system.

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

10         (a)  "Emergency vehicle" shall specifically mean:

11         1.  Any motor vehicle used by any law enforcement

12  officer or employee of any city, any county, the state, the

13  Federal Bureau of Investigation, or the Armed Forces of the

14  United States while on official business;

15         2.  Any fire department vehicle of any city or county

16  of the state or any state fire department vehicle;

17         3.  Any motor vehicle designated as an emergency

18  vehicle by the Department of Highway Safety and Motor Vehicles

19  when said vehicle is to be assigned the use of frequencies

20  assigned to the state;

21         4.  Any motor vehicle designated as an emergency

22  vehicle by the sheriff or fire chief of any county in the

23  state when said vehicle is to be assigned the use of

24  frequencies assigned to the said county;

25         5.  Any motor vehicle designated as an emergency

26  vehicle by the chief of police or fire chief of any city in

27  the state when said vehicle is to be assigned the use of

28  frequencies assigned to the said city.

29         (b)  "Crime watch vehicle" means any motor vehicle used

30  by any person participating in a citizen crime watch or

31  neighborhood watch program when such program and use are


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    CS for SB 1344                                 First Engrossed



 1  approved in writing by the appropriate sheriff or chief of

 2  police where the vehicle will be used and the vehicle is

 3  assigned the use of frequencies assigned to the county or

 4  city.  Such approval shall be renewed annually.

 5         (3)  This section shall not apply to any holder of a

 6  valid amateur radio operator or station license issued by the

 7  Federal Communications Commission or to any recognized

 8  newspaper or news publication engaged in covering the news on

 9  a full-time basis or any alarm system contractor certified

10  pursuant to part II of chapter 489, operating a central

11  monitoring system.

12         (4)  Any person, firm, or corporation violating any of

13  the provisions of this section commits shall be deemed guilty

14  of a misdemeanor of the first second degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         Section 72.  This act shall take effect July 1, 2005.

17  

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