Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1697, 1st Eng.
                        Barcode 950742
                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 61.13016, Florida Statutes, is
18  amended to read:
19         61.13016  Suspension of driver's licenses and motor
20  vehicle registrations.--
21         (1)  The driver's license and motor vehicle
22  registration of a support obligor who is delinquent in payment
23  or who has failed to comply with subpoenas or a similar order
24  to appear or show cause relating to paternity or support
25  proceedings may be suspended. When an obligor is 15 days
26  delinquent making a payment in support or failure to comply
27  with a subpoena, order to appear, order to show cause, or
28  similar order in IV-D cases, the Title IV-D agency may provide
29  notice to the obligor of the delinquency or failure to comply
30  with a subpoena, order to appear, order to show cause, or
31  similar order and the intent to suspend by regular United
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 States mail that is posted to the obligor's last address of 2 record with the Department of Highway Safety and Motor 3 Vehicles. When an obligor is 15 days delinquent in making a 4 payment in support in non-IV-D cases, and upon the request of 5 the obligee, the depository or the clerk of the court must 6 provide notice to the obligor of the delinquency and the 7 intent to suspend by regular United States mail that is posted 8 to the obligor's last address of record with the Department of 9 Highway Safety and Motor Vehicles. In either case, the notice 10 must state: 11 (a) The terms of the order creating the support 12 obligation; 13 (b) The period of the delinquency and the total amount 14 of the delinquency as of the date of the notice or describe 15 the subpoena, order to appear, order to show cause, or other 16 similar order which has not been complied with; 17 (c) That notification will be given to the Department 18 of Highway Safety and Motor Vehicles to suspend the obligor's 19 driver's license and motor vehicle registration unless, within 20 20 days after the date the notice is mailed, the obligor: 21 1.a. Pays the delinquency in full and any other costs 22 and fees accrued between the date of the notice and the date 23 the delinquency is paid; 24 b. Enters into a written agreement for payment with 25 the obligee in non-IV-D cases or with the Title IV-D agency in 26 IV-D cases; or in IV-D cases, complies with a subpoena or 27 order to appear, order to show cause, or a similar order; or 28 c. Files a petition with the circuit court to contest 29 the delinquency action; and 30 2. Pays any applicable delinquency fees. 31 2 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 If the obligor in non-IV-D cases enters into a written 2 agreement for payment before the expiration of the 20-day 3 period, the obligor must provide a copy of the signed written 4 agreement to the depository or the clerk of the court. 5 (2)(a) Upon petition filed by the obligor in the 6 circuit court within 20 days after the mailing date of the 7 notice, the court may, in its discretion, direct the 8 department to issue a license for driving privileges 9 restricted to business purposes only, as defined by s. 10 322.271, if the person is otherwise qualified for such a 11 license. As a condition for the court to exercise its 12 discretion under this subsection, the obligor must agree to a 13 schedule of payment on any child support arrearages and to 14 maintain current child support obligations. If the obligor 15 fails to comply with the schedule of payment, the court shall 16 direct the Department of Highway Safety and Motor Vehicles to 17 suspend the obligor's driver's license. 18 (b) The obligor must serve a copy of the petition on 19 the Title IV-D agency in IV-D cases or on the depository or 20 the clerk of the court in non-IV-D cases. When an obligor 21 timely files a petition to set aside a suspension, the court 22 must hear the matter within 15 days after the petition is 23 filed. The court must enter an order resolving the matter 24 within 10 days after the hearing, and a copy of the order must 25 be served on the parties. The timely filing of a petition 26 under this subsection stays the intent to suspend until the 27 entry of a court order resolving the matter. 28 (3)(2) If the obligor does not, within 20 days after 29 the mailing date on the notice, pay the delinquency, enter 30 into a payment agreement, comply with the subpoena, order to 31 appear, order to show cause, or other similar order, or file a 3 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 motion to contest, the Title IV-D agency in IV-D cases, or the 2 depository or clerk of the court in non-IV-D cases, shall file 3 the notice with the Department of Highway Safety and Motor 4 Vehicles and request the suspension of the obligor's driver's 5 license and motor vehicle registration in accordance with s. 6 322.058. 7 (4)(3) The obligor may, within 20 days after the 8 mailing date on the notice of delinquency or noncompliance and 9 intent to suspend, file in the circuit court a petition to 10 contest the notice of delinquency or noncompliance and intent 11 to suspend on the ground of mistake of fact regarding the 12 existence of a delinquency or the identity of the obligor. 13 The obligor must serve a copy of the petition on the Title 14 IV-D agency in IV-D cases or depository or clerk of the court 15 in non-IV-D cases. When an obligor timely files a petition to 16 contest, the court must hear the matter within 15 days after 17 the petition is filed. The court must enter an order 18 resolving the matter within 10 days after the hearing, and a 19 copy of the order must be served on the parties. The timely 20 filing of a petition to contest stays the notice of 21 delinquency and intent to suspend until the entry of a court 22 order resolving the matter. 23 Section 2. Subsection (2) of section 316.006, Florida 24 Statutes, is amended to read: 25 316.006 Jurisdiction.--Jurisdiction to control traffic 26 is vested as follows: 27 (2) MUNICIPALITIES.-- 28 (a) Chartered municipalities shall have original 29 jurisdiction over all streets and highways located within 30 their boundaries, except state roads, and may place and 31 maintain such traffic control devices which conform to the 4 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 manual and specifications of the Department of Transportation 2 upon all streets and highways under their original 3 jurisdiction as they shall deem necessary to indicate and to 4 carry out the provisions of this chapter or to regulate, warn, 5 or guide traffic. 6 (b) A municipality may exercise jurisdiction over any 7 private road or roads, or over any limited access road or 8 roads owned or controlled by a special district, located 9 within its boundaries if the municipality and party or parties 10 owning or controlling such road or roads provide, by written 11 agreement approved by the governing body of the municipality, 12 for municipal traffic control jurisdiction over the road or 13 roads encompassed by such agreement. Pursuant thereto: 14 1. Provision for reimbursement for actual costs of 15 traffic control and enforcement and for liability insurance 16 and indemnification by the party or parties, and such other 17 terms as are mutually agreeable, may be included in such an 18 agreement. 19 2. The exercise of jurisdiction provided for herein 20 shall be in addition to jurisdictional authority presently 21 exercised by municipalities under law, and nothing in this 22 paragraph shall be construed to limit or remove any such 23 jurisdictional authority. Such jurisdiction includes 24 regulation of access to such road or roads by security devices 25 or personnel. 26 3. Any such agreement may provide for the installation 27 of multiparty stop signs by the parties controlling the roads 28 covered by the agreement if a determination is made by such 29 parties that the signage will enhance traffic safety. 30 Multiparty stop signs must conform to the manual and 31 specifications of the Department of Transportation; however, 5 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 minimum traffic volumes may not be required for the 2 installation of such signage. Enforcement for the signs shall 3 be as provided in s. 316.123. 4 (c) Notwithstanding any other provisions of law to the 5 contrary, a municipality may, by interlocal agreement with a 6 county, agree to transfer traffic regulatory authority over 7 areas within the municipality to the county. 8 9 This subsection shall not limit those counties which have the 10 charter powers to provide and regulate arterial, toll, and 11 other roads, bridges, tunnels, and related facilities from the 12 proper exercise of those powers by the placement and 13 maintenance of traffic control devices which conform to the 14 manual and specifications of the Department of Transportation 15 on streets and highways located within municipal boundaries. 16 Section 3. Section 316.083, Florida Statutes, is 17 amended to read: 18 316.083 Overtaking and passing a vehicle.--The 19 following rules shall govern the overtaking and passing of 20 vehicles proceeding in the same direction, subject to those 21 limitations, exceptions, and special rules hereinafter stated: 22 (1) The driver of a vehicle overtaking another vehicle 23 proceeding in the same direction shall give an appropriate 24 signal as provided for in s. 316.156, shall pass to the left 25 thereof at a safe distance, and shall not again drive to the 26 right side of the roadway until safely clear of the overtaken 27 vehicle. 28 (2) Except when overtaking and passing on the right is 29 permitted, the driver of an overtaken vehicle shall give way 30 to the right in favor of the overtaking vehicle, on audible 31 signal or upon the visible blinking of the headlamps of the 6 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 overtaking vehicle if such overtaking is being attempted at 2 nighttime, and shall not increase the speed of his or her 3 vehicle until completely passed by the overtaking vehicle. 4 (3) A violation of this section is a noncriminal 5 traffic infraction, punishable as a moving violation as 6 provided in chapter 318. 7 Section 4. Section 316.155, Florida Statutes, is 8 amended to read: 9 316.155 When signal required.-- 10 (1) No person may turn a vehicle from a direct course 11 or move right or left upon a highway unless and until such 12 movement can be made with reasonable safety, and then only 13 after giving an appropriate signal in the manner hereinafter 14 provided, in the event any other vehicle may be affected by 15 the movement. 16 (2) A signal of intention to turn right or left must 17 be given continuously during not less than the last 100 feet 18 traveled by the vehicle before turning, except that such a 19 signal by hand or arm need not be given continuously by a 20 bicyclist if the hand is needed in the control or operation of 21 the bicycle. 22 (3) No person may stop or suddenly decrease the speed 23 of a vehicle without first giving an appropriate signal in the 24 manner provided herein to the driver of any vehicle 25 immediately to the rear, when there is opportunity to give 26 such signal. 27 (4) The signals provided for in s. 316.156 shall be 28 used to indicate an intention to turn, to overtake, or to pass 29 a vehicle and may not, except as provided in s. 316.2397, be 30 flashed on one side only on a parked or disabled vehicle or 31 flashed as a courtesy or "do pass" signal to operators of 7 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 other vehicles approaching from the rear. 2 (5) A violation of this section is a noncriminal 3 traffic infraction, punishable as a moving violation as 4 provided in chapter 318. 5 Section 5. Section 316.2095, Florida Statutes, is 6 amended to read: 7 316.2095 Footrests, handholds, and handlebars.-- 8 (1) Any motorcycle carrying a passenger, other than in 9 a sidecar or enclosed cab, shall be equipped with footrests 10 and handholds for such passenger. 11 (2) No person shall operate any motorcycle with 12 handlebars or with handgrips that are higher than the top of 13 the shoulders of the person operating the motorcycle while 14 properly seated upon the motorcycle more than 15 inches in 15 height above that portion of the seat occupied by the 16 operator. 17 (3) A violation of this section is a noncriminal 18 traffic infraction, punishable as a nonmoving violation as 19 provided in chapter 318. 20 Section 6. Section 316.212, Florida Statutes, is 21 amended to read: 22 316.212 Operation of golf carts on certain 23 roadways.--The operation of a golf cart upon the public roads 24 or streets of this state is prohibited except as provided 25 herein: 26 (1) A golf cart may be operated only upon a county 27 road that has been designated by a county, or a municipal city 28 street that has been designated by a municipality city, for 29 use by golf carts. Prior to making such a designation, the 30 responsible local governmental entity must first determine 31 that golf carts may safely travel on or cross the public road 8 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 or street, considering factors including the speed, volume, 2 and character of motor vehicle traffic using the road or 3 street. Upon a determination that golf carts may be safely 4 operated on a designated road or street, the responsible 5 governmental entity shall post appropriate signs to indicate 6 that such operation is allowed. 7 (2) A golf cart may be operated on a part of the State 8 Highway System only under the following conditions: 9 (a) To cross a portion of the State Highway System 10 which intersects a county road or municipal city street that 11 has been designated for use by golf carts if the Department of 12 Transportation has reviewed and approved the location and 13 design of the crossing and any traffic control devices needed 14 for safety purposes. 15 (b) To cross, at midblock, a part of the State Highway 16 System where a golf course is constructed on both sides of the 17 highway if the Department of Transportation has reviewed and 18 approved the location and design of the crossing and any 19 traffic control devices needed for safety purposes. 20 (c) A golf cart may be operated on a state road that 21 has been designated for transfer to a local government unit 22 pursuant to s. 335.0415 if the Department of Transportation 23 determines that the operation of a golf cart within the 24 right-of-way of the road will not impede the safe and 25 efficient flow of motor vehicular traffic. The department may 26 authorize the operation of golf carts on such a road if: 27 1. The road is the only available public road along 28 which golf carts may travel or cross or the road provides the 29 safest travel route among alternative routes available; and 30 2. The speed, volume, and character of motor vehicular 31 traffic using the road is considered in making such a 9 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 determination. 2 3 Upon its determination that golf carts may be operated on a 4 given road, the department shall post appropriate signs on the 5 road to indicate that such operation is allowed. 6 (3) Any other provision of this section to the 7 contrary notwithstanding, a golf cart may be operated for the 8 purpose of crossing a street or highway where a single mobile 9 home park is located on both sides of the street or highway 10 and is divided by that street or highway, provided that the 11 governmental entity having original jurisdiction over such 12 street or highway shall review and approve the location of the 13 crossing and require implementation of any traffic controls 14 needed for safety purposes. This subsection shall apply only 15 to residents or guests of the mobile home park. Any other 16 provision of law to the contrary notwithstanding, if notice is 17 posted at the entrance and exit to any mobile home park that 18 residents of the park utilize golf carts or electric vehicles 19 within the confines of the park it shall not be necessary that 20 the park have a gate or other device at the entrance and exit 21 in order for such golf carts or electric vehicles to be 22 lawfully operated in the park. 23 (4) A golf cart may be operated only during the hours 24 between sunrise and sunset, unless the responsible 25 governmental entity has determined that a golf cart may be 26 operated during the hours between sunset and sunrise and the 27 golf cart is equipped with headlights, brake lights, turn 28 signals, and a windshield. 29 (5) A golf cart must be equipped with efficient 30 brakes, reliable steering apparatus, safe tires, a rearview 31 mirror, and red reflectorized warning devices in both the 10 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 front and rear. 2 (6) A golf cart may not be operated on public roads or 3 streets by any person under the age of 14. 4 (7) A local governmental entity may enact an ordinance 5 regarding golf cart operation and equipment which is more 6 restrictive than those enumerated in this section. Upon 7 enactment of any such ordinance, the local governmental entity 8 shall post appropriate signs or otherwise inform the residents 9 that such an ordinance exists and that it shall be enforced 10 within the local government's jurisdictional territory. 11 (8)(7) A violation of this section is a noncriminal 12 traffic infraction, punishable pursuant to chapter 318 as 13 either a moving violation for infractions of subsection (1), 14 subsection (2), subsection (3), or subsection (4), or a local 15 ordinance corresponding thereto and enacted pursuant to 16 subsection (7), or punishable pursuant to chapter 318 as a 17 nonmoving violation for infractions of subsection subsections 18 (5), subsection and (6), or a local ordinance corresponding 19 thereto and enacted pursuant to subsection (7). 20 Section 7. Section 316.2126, Florida Statutes, is 21 amended to read: 22 316.2126 Use of golf carts and utility vehicles by 23 municipalities.--In addition to the powers granted by ss. 24 316.212 and 316.2125, municipalities are hereby authorized to 25 utilize golf carts and utility vehicles, as defined in s. 26 320.01, upon any state, county, or municipal roads located 27 within the corporate limits of such municipalities, subject to 28 the following conditions: 29 (1) Golf carts and utility vehicles must comply with 30 the operational and safety requirements in ss. 316.212 and 31 316.2125, and with any more restrictive ordinances enacted by 11 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 the local governmental entity pursuant to s. 316.212(7), and 2 shall only be operated by municipal employees for municipal 3 purposes, including, but not limited to, police patrol, 4 traffic enforcement, and inspection of public facilities. 5 (2) In addition to the safety equipment required in s. 6 316.212(5) and any more restrictive safety equipment required 7 by the local governmental entity pursuant to s. 316.212(7), 8 such golf carts and utility vehicles must be equipped with 9 sufficient lighting and turn signal equipment. 10 (3) Golf carts and utility vehicles may only be 11 operated on state roads that have a posted speed limit of 30 12 miles per hour or less. 13 (4) A municipal employee operating a golf cart or 14 utility vehicle pursuant to this section must possess a valid 15 driver's license as required by s. 322.03. 16 Section 8. Subsection (11) is added to section 17 316.302, Florida Statutes, to read: 18 316.302 Commercial motor vehicles; safety regulations; 19 transporters and shippers of hazardous materials; 20 enforcement.-- 21 (11) In addition to any other penalty provided in this 22 section, a person who operates a commercial motor vehicle that 23 bears an identification number required by this section which 24 is false, fraudulent, or displayed without the consent of the 25 person to whom it is assigned commits a misdemeanor of the 26 first degree, punishable as provided in s. 775.082 or s. 27 775.083. 28 Section 9. Section 316.3045, Florida Statutes, is 29 amended to read: 30 316.3045 Operation of radios or other mechanical 31 soundmaking devices or instruments in vehicles; exemptions.-- 12 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (1) It is unlawful for any person operating or 2 occupying a motor vehicle on a street or highway to operate or 3 amplify the sound produced by a radio, tape player, or other 4 mechanical soundmaking device or instrument from within the 5 motor vehicle so that the sound is: 6 (a) Plainly audible at a distance of 25 100 feet or 7 more from the motor vehicle; or 8 (b) Louder than necessary for the convenient hearing 9 by persons inside the vehicle in areas adjoining churches, 10 schools, or hospitals. 11 (2) The provisions of this section shall not apply to 12 any law enforcement motor vehicle equipped with any 13 communication device necessary in the performance of law 14 enforcement duties or to any emergency vehicle equipped with 15 any communication device necessary in the performance of any 16 emergency procedures. 17 (3) The provisions of this section do not apply to 18 motor vehicles used for business or political purposes, which 19 in the normal course of conducting such business use 20 soundmaking devices. The provisions of this subsection shall 21 not be deemed to prevent local authorities, with respect to 22 streets and highways under their jurisdiction and within the 23 reasonable exercise of the police power, from regulating the 24 time and manner in which such business may be operated. 25 (4) The provisions of this section do not apply to the 26 noise made by a horn or other warning device required or 27 permitted by s. 316.271. The Department of Highway Safety and 28 Motor Vehicles shall promulgate rules defining "plainly 29 audible" and establish standards regarding how sound should be 30 measured by law enforcement personnel who enforce the 31 provisions of this section. 13 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (5) A violation of this section is a noncriminal 2 traffic infraction, punishable as a nonmoving violation as 3 provided in chapter 318. 4 Section 10. Section 318.1215, Florida Statutes, is 5 amended to read: 6 318.1215 Dori Slosberg Driver Education Safety 7 Act.--Effective October 1, 2002, notwithstanding the 8 provisions of s. 318.121, a board of county commissioners may 9 require, by ordinance, that the clerk of the court collect an 10 additional $3 with each civil traffic penalty, which shall be 11 used to fund driver traffic education programs in public and 12 nonpublic schools. The ordinance shall provide for the board 13 of county commissioners to administer the funds, which shall 14 be used for enhancement, and not replacement, of driver 15 education program funds. The funds shall be used for direct 16 educational expenses and shall not be used for administration. 17 Each driver education program receiving funds pursuant to this 18 section shall require that a minimum of 30 percent of a 19 student's time in the program be behind-the-wheel training. 20 This section may be cited as the "Dori Slosberg Driver 21 Education Safety Act." 22 Section 11. Effective October 1, 2005, subsection (5) 23 of section 318.14, Florida Statutes, is amended to read: 24 318.14 Noncriminal traffic infractions; exception; 25 procedures.-- 26 (5) Any person electing to appear before the 27 designated official or who is required so to appear shall be 28 deemed to have waived his or her right to the civil penalty 29 provisions of s. 318.18. The official, after a hearing, shall 30 make a determination as to whether an infraction has been 31 committed. If the commission of an infraction has been proven, 14 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 the official may impose a civil penalty not to exceed $500, 2 except that in cases involving unlawful speed in a school zone 3 or, involving unlawful speed in a construction zone, or 4 involving a death, the civil penalty may not exceed $1,000; or 5 require attendance at a driver improvement school, or both. If 6 the person is required to appear before the designated 7 official pursuant to s. 318.19(1) and is found to have 8 committed the infraction, the designated official shall impose 9 a civil penalty of $1,000 in addition to any other penalties 10 and the person's driver's license shall be suspended for 6 11 months. If the person is required to appear before the 12 designated official pursuant to s. 318.19(2) and is found to 13 have committed the infraction, the designated official shall 14 impose a civil penalty of $500 in addition to any other 15 penalties and the person's driver's license shall be suspended 16 for 3 months. If the official determines that no infraction 17 has been committed, no costs or penalties shall be imposed and 18 any costs or penalties that have been paid shall be returned. 19 Moneys received from the mandatory civil penalties imposed 20 pursuant to this subsection upon persons required to appear 21 before a designated official pursuant to s. 318.19(1) or (2) 22 shall be remitted to the Department of Revenue and deposited 23 into the Department of Health Administrative Trust Fund to 24 provide financial support to certified trauma centers to 25 assure the availability and accessibility of trauma services 26 throughout the state. Funds deposited into the Administrative 27 Trust Fund under this section shall be allocated as follows: 28 (a) Fifty percent shall be allocated equally among all 29 Level I, Level II, and pediatric trauma centers in recognition 30 of readiness costs for maintaining trauma services. 31 (b) Fifty percent shall be allocated among Level I, 15 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 Level II, and pediatric trauma centers based on each center's 2 relative volume of trauma cases as reported in the Department 3 of Health Trauma Registry. 4 Section 12. Effective October 1, 2005, subsection (13) 5 is added to section 318.21, Florida Statutes, to read: 6 318.21 Disposition of civil penalties by county 7 courts.--All civil penalties received by a county court 8 pursuant to the provisions of this chapter shall be 9 distributed and paid monthly as follows: 10 (13) Notwithstanding subsections (1) and (2), the 11 proceeds from the mandatory civil penalties imposed pursuant 12 to s. 318.14(5) shall be distributed as provided in that 13 section. 14 Section 13. Paragraph (b) of subsection (3) of section 15 319.30, Florida Statutes, is amended to read: 16 319.30 Definitions; dismantling, destruction, change 17 of identity of motor vehicle or mobile home; salvage.-- 18 (3) 19 (b) The owner, including persons who are self-insured, 20 of any motor vehicle or mobile home which is considered to be 21 salvage shall, within 72 hours after the motor vehicle or 22 mobile home becomes salvage, forward the title to the motor 23 vehicle or mobile home to the department for processing. 24 However, an insurance company which pays money as compensation 25 for total loss of a motor vehicle or mobile home shall obtain 26 the certificate of title for the motor vehicle or mobile home 27 and, within 72 hours after receiving such certificate of 28 title, shall forward such title to the department for 29 processing. The owner or insurance company, as the case may 30 be, may not dispose of a vehicle or mobile home that is a 31 total loss before it has obtained a salvage certificate of 16 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 title or certificate of destruction from the department. When 2 applying for a salvage certificate of title or certificate of 3 destruction, the owner or insurance company must provide the 4 department with an estimate of the costs of repairing the 5 physical and mechanical damage suffered by the vehicle for 6 which a salvage certificate of title or certificate of 7 destruction is sought. If the estimated costs of repairing the 8 physical and mechanical damage to the vehicle are equal to 80 9 percent or more of the current retail cost of the vehicle, as 10 established in any official used car or used mobile home 11 guide, the department shall declare the vehicle unrebuildable 12 and print a certificate of destruction, which authorizes the 13 dismantling or destruction of the motor vehicle or mobile home 14 described therein. However, if the damaged motor vehicle is 15 equipped with custom-lowered floors for wheelchair access or a 16 wheelchair lift, the insurance company may, upon determing 17 that the vehicle is repairable to a condition that is safe for 18 operation on public roads, submit the certificate of title to 19 the department for reissuance as a salvage rebuildable title 20 and the addition of a title brand of "insurance-declared total 21 loss." This certificate of destruction shall be reassignable a 22 maximum of two times before dismantling or destruction of the 23 vehicle shall be required, and shall accompany the motor 24 vehicle or mobile home for which it is issued, when such motor 25 vehicle or mobile home is sold for such purposes, in lieu of a 26 certificate of title, and, thereafter, the department shall 27 refuse issuance of any certificate of title for that vehicle. 28 Nothing in this subsection shall be applicable when a vehicle 29 is worth less than $1,500 retail in undamaged condition in any 30 official used motor vehicle guide or used mobile home guide or 31 when a stolen motor vehicle or mobile home is recovered in 17 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 substantially intact condition and is readily resalable 2 without extensive repairs to or replacement of the frame or 3 engine. Any person who willfully and deliberately violates 4 this paragraph or falsifies any document to avoid the 5 requirements of this paragraph commits a misdemeanor of the 6 first degree, punishable as provided in s. 775.082 or s. 7 775.083. 8 Section 14. Subsection (19) is added to section 9 320.02, Florida Statutes, to read: 10 320.02 Registration required; application for 11 registration; forms.-- 12 (19) The department is authorized to withhold 13 registration or re-registration of a motor vehicle if the name 14 of the owner or of a co-owner appears on a list submitted to 15 the department by a licensed motor vehicle dealer for a 16 previous registration of that vehicle. The motor vehicle 17 dealer must maintain signed evidence that the owner or 18 co-owner acknowledged the dealer's authority to submit the 19 list to the department if he or she failed to pay and must 20 note the amount for which the owner or co-owner would be 21 responsible for the vehicle registration. The dealer must 22 maintain the necessary documentation required in this 23 subsection or face penalties as provided in s. 320.27. This 24 subsection does not affect the issuance of a title to a motor 25 vehicle. 26 (a) The motor vehicle owner or co-owner may dispute 27 the claim that money is owed to a dealer for registration fees 28 by submitting a form to the department if the motor vehicle 29 owner or co-owner has documentary proof that the registration 30 fees have been paid to the dealer for the disputed amount. 31 Without clear evidence of the amounts owed for the vehicle 18 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 registration and repayment, the department will assume initial 2 payments are applied to government-assessed fees first. 3 (b) If the registered owner's dispute complies with 4 paragraph (a), the department shall immediately remove the 5 motor vehicle owner or co-owner's name from the list, thereby 6 allowing the issuance of a license plate or revalidation 7 sticker. 8 Section 15. Paragraph (b) of subsection (9) of section 9 320.27, Florida Statutes, is amended to read: 10 320.27 Motor vehicle dealers.-- 11 (9) DENIAL, SUSPENSION, OR REVOCATION.-- 12 (b) The department may deny, suspend, or revoke any 13 license issued hereunder or under the provisions of s. 320.77 14 or s. 320.771 upon proof that a licensee has committed, with 15 sufficient frequency so as to establish a pattern of 16 wrongdoing on the part of a licensee, violations of one or 17 more of the following activities: 18 1. Representation that a demonstrator is a new motor 19 vehicle, or the attempt to sell or the sale of a demonstrator 20 as a new motor vehicle without written notice to the purchaser 21 that the vehicle is a demonstrator. For the purposes of this 22 section, a "demonstrator," a "new motor vehicle," and a "used 23 motor vehicle" shall be defined as under s. 320.60. 24 2. Unjustifiable refusal to comply with a licensee's 25 responsibility under the terms of the new motor vehicle 26 warranty issued by its respective manufacturer, distributor, 27 or importer. However, if such refusal is at the direction of 28 the manufacturer, distributor, or importer, such refusal shall 29 not be a ground under this section. 30 3. Misrepresentation or false, deceptive, or 31 misleading statements with regard to the sale or financing of 19 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 motor vehicles which any motor vehicle dealer has, or causes 2 to have, advertised, printed, displayed, published, 3 distributed, broadcast, televised, or made in any manner with 4 regard to the sale or financing of motor vehicles. 5 4. Failure by any motor vehicle dealer to provide a 6 customer or purchaser with an odometer disclosure statement 7 and a copy of any bona fide written, executed sales contract 8 or agreement of purchase connected with the purchase of the 9 motor vehicle purchased by the customer or purchaser. 10 5. Failure of any motor vehicle dealer to comply with 11 the terms of any bona fide written, executed agreement, 12 pursuant to the sale of a motor vehicle. 13 6. Failure to apply for transfer of a title as 14 prescribed in s. 319.23(6). 15 7. Use of the dealer license identification number by 16 any person other than the licensed dealer or his or her 17 designee. 18 8. Failure to continually meet the requirements of the 19 licensure law. 20 9. Representation to a customer or any advertisement 21 to the public representing or suggesting that a motor vehicle 22 is a new motor vehicle if such vehicle lawfully cannot be 23 titled in the name of the customer or other member of the 24 public by the seller using a manufacturer's statement of 25 origin as permitted in s. 319.23(1). 26 10. Requirement by any motor vehicle dealer that a 27 customer or purchaser accept equipment on his or her motor 28 vehicle which was not ordered by the customer or purchaser. 29 11. Requirement by any motor vehicle dealer that any 30 customer or purchaser finance a motor vehicle with a specific 31 financial institution or company. 20 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 12. Requirement by any motor vehicle dealer that the 2 purchaser of a motor vehicle contract with the dealer for 3 physical damage insurance. 4 13. Perpetration of a fraud upon any person as a 5 result of dealing in motor vehicles, including, without 6 limitation, the misrepresentation to any person by the 7 licensee of the licensee's relationship to any manufacturer, 8 importer, or distributor. 9 14. Violation of any of the provisions of s. 319.35 by 10 any motor vehicle dealer. 11 15. Sale by a motor vehicle dealer of a vehicle 12 offered in trade by a customer prior to consummation of the 13 sale, exchange, or transfer of a newly acquired vehicle to the 14 customer, unless the customer provides written authorization 15 for the sale of the trade-in vehicle prior to delivery of the 16 newly acquired vehicle. 17 16. Willful failure to comply with any administrative 18 rule adopted by the department. 19 17. Violation of chapter 319, this chapter, or ss. 20 559.901-559.9221, which has to do with dealing in or repairing 21 motor vehicles or mobile homes. Additionally, in the case of 22 used motor vehicles, the willful violation of the federal law 23 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining 24 to the consumer sales window form. 25 18. Failure to maintain evidence of notification to 26 the owner or co-owner of a vehicle regarding registration or 27 titling fees owned as required in s. 320.02(19). 28 Section 16. Subsections (7), (30), (33), and (56) of 29 section 320.08058, Florida Statutes, are amended to read: 30 320.08058 Specialty license plates.-- 31 (7) FLORIDA SPECIAL OLYMPICS FLORIDA LICENSE PLATES.-- 21 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (a) Florida Special Olympics Florida license plates 2 must contain the official Florida Special Olympics Florida 3 logo and must bear a design and colors that are approved by 4 the department. The word "Florida" must be centered at the 5 bottom top of the plate, and the words "Everyone Wins" 6 "Support Florida Special Olympics" must be centered at the top 7 bottom of the plate. 8 (b) The license plate annual use fees are to be 9 annually distributed as follows: 10 1. The first $5 million collected annually must be 11 forwarded to the private nonprofit corporation as described in 12 s. 393.002 and must be used solely for Special Olympics 13 purposes as approved by the private nonprofit corporation. 14 2. Any additional fees must be deposited into the 15 General Revenue Fund. 16 (30) CHOOSE LIFE LICENSE PLATES.-- 17 (a) The department shall develop a Choose Life license 18 plate as provided in this section. The word "Florida" must 19 appear at the bottom of the plate, and the words "Choose Life" 20 must appear at the top of the plate. 21 (b) The annual use fees shall be distributed annually 22 to each county in the ratio that the annual use fees collected 23 by each county bears to the total fees collected for the 24 plates within the state. Each county shall distribute the 25 funds to nongovernmental, not-for-profit agencies within the 26 county, which agencies' services are limited to counseling and 27 meeting the physical needs of pregnant women who are committed 28 to placing their children for adoption. Funds may not be 29 distributed to any agency that is involved or associated with 30 abortion activities, including counseling for or referrals to 31 abortion clinics, providing medical abortion-related 22 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 procedures, or proabortion advertising, and funds may not be 2 distributed to any agency that charges women for services 3 received. 4 1. Agencies that receive the funds must use at least 5 70 percent of the funds to provide for the material needs of 6 pregnant women who are committed to placing their children for 7 adoption, including clothing, housing, medical care, food, 8 utilities, and transportation. Such funds may also be expended 9 on infants awaiting placement with adoptive parents. 10 2. The remaining funds may be used for adoption, 11 counseling, training, or advertising, but may not be used for 12 administrative expenses, legal expenses, or capital 13 expenditures. 14 3. Each agency that receives such funds must submit an 15 annual attestation audit, prepared by a certified public 16 accountant, to the county. The county may conduct a 17 consolidated audit in lieu of the annual audit. Any unused 18 funds that exceed 10 percent of the funds received by an 19 agency during its fiscal year must be returned to the county, 20 which shall distribute them to other qualified agencies. 21 (33) UNITED WE STAND LICENSE PLATES.-- 22 (a) Notwithstanding the provisions of s. 320.08053, 23 the department shall develop a United We Stand license plate 24 as provided in this section. The American Flag must appear on 25 the license plate in addition to the words "United We Stand." 26 The colors of the license plate must be red, white, and blue. 27 (b) The department shall retain all revenues from the 28 sale of such plates until all startup costs for developing and 29 issuing the plates have been recovered. Thereafter, 100 50 30 percent of the annual use fee shall be distributed to the 31 Department of Transportation SAFE Council to fund a grant 23 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 program to enhance security at airports throughout the state, 2 pursuant to s. 332.14 and 50 percent of such fees shall be 3 distributed to the Rewards for Justice Fund, to be contributed 4 to the United States State Department's Rewards for Justice 5 program and used solely to apprehend terrorists and bring them 6 to justice. 7 (56) ANIMAL FRIEND LICENSE PLATES.-- 8 (a) Notwithstanding the provisions of s. 320.08053, 9 the department shall develop an Animal Friend license plate as 10 provided in this section. Animal Friend license plates must 11 bear the colors and design approved by the department. The 12 word "Florida" must appear at the top of the plate, and the 13 words "Animal Friend" must appear at the bottom of the plate. 14 (b) The department shall retain all annual use fee 15 revenues from the sale of such plates until all startup costs 16 for developing and issuing the plates are recovered, not to 17 exceed $60,000. 18 (c) After the department has recovered all startup 19 costs for developing and issuing the plates, the annual use 20 fees shall be distributed to the Florida Animal Friend, Inc., 21 for Humane Society of the United States for animal welfare 22 programs and spay and neuter programs in the state. 23 (d) No more than 10 percent of the fees collected may 24 be used for administrative costs directly associated with 25 marketing and promotion of the Animal Friend license plate and 26 distribution of funds as described in paragraph (c). 27 (e) Funds received from the purchase of the Animal 28 Friend license plate shall not be used for litigation. 29 Section 17. Paragraph (a) of subsection (1) of section 30 320.089, Florida Statutes, is amended to read: 31 320.089 Members of National Guard and active United 24 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 States Armed Forces reservists; former prisoners of war; 2 survivors of Pearl Harbor; Purple Heart medal recipients; 3 special license plates; fee.-- 4 (1)(a) Each owner or lessee of an automobile or truck 5 for private use or recreational vehicle as specified in s. 6 320.08(9)(c) or (d), which is not used for hire or commercial 7 use, who is a resident of the state and an active or retired 8 member of the Florida National Guard, a survivor of the attack 9 on Pearl Harbor, a recipient of the Purple Heart medal, or an 10 active or retired member of any branch of the United States 11 Armed Forces Reserve shall, upon application to the 12 department, accompanied by proof of active membership or 13 retired status in the Florida National Guard, proof of 14 membership in the Pearl Harbor Survivors Association or proof 15 of active military duty in Pearl Harbor on December 7, 1941, 16 proof of being a Purple Heart medal recipient, or proof of 17 active or retired membership in any branch of the Armed Forces 18 Reserve, and upon payment of the license tax for the vehicle 19 as provided in s. 320.08, be issued a license plate as 20 provided by s. 320.06, upon which, in lieu of the serial 21 numbers prescribed by s. 320.06, shall be stamped the words 22 "National Guard," "Pearl Harbor Survivor," "Combat-wounded 23 veteran," or "U.S. Reserve," as appropriate, followed by the 24 serial number of the license plate. Additionally, the Purple 25 Heart plate may have the words "Purple Heart" stamped on the 26 plate and the likeness of the Purple Heart medal appearing on 27 the plate. 28 Section 18. Subsection (15) of section 320.77, Florida 29 Statutes, is amended to read: 30 320.77 License required of mobile home dealers.-- 31 (15) SURETY BOND,CASH BOND, OR IRREVOCABLE LETTER OF 25 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 CREDIT REQUIRED.-- 2 (a) Before any license shall be issued or renewed, the 3 applicant or licensee shall deliver to the department a good 4 and sufficient surety bond, cash bond, or irrevocable letter 5 of credit, executed by the applicant or licensee as principal 6 and by a surety company qualified to do business in the state 7 as surety. The bond or irrevocable letter of credit shall be 8 in a form to be approved by the department and shall be 9 conditioned upon the dealer's complying with the conditions of 10 any written contract made by the dealer in connection with the 11 sale, exchange, or improvement of any mobile home and his or 12 her not violating any of the provisions of chapter 319 or this 13 chapter in the conduct of the business for which the dealer is 14 licensed. The bond or irrevocable letter of credit shall be 15 to the department and in favor of any retail customer who 16 shall suffer any loss as a result of any violation of the 17 conditions hereinabove contained in this section. The bond or 18 irrevocable letter of credit shall be for the license period, 19 and a new bond or irrevocable letter of credit or a proper 20 continuation certificate shall be delivered to the department 21 at the beginning of each license period. However, the 22 aggregate liability of the surety in any one license year 23 shall in no event exceed the sum of such bond, or, in the case 24 of a letter of credit, the aggregate liability of the issuing 25 bank shall not exceed the sum of the credit. The amount of the 26 bond required shall be as follows: 27 1. A single dealer who buys, sells, or deals in mobile 28 homes and who has four or fewer supplemental licenses shall 29 provide a surety bond, cash bond, or irrevocable letter of 30 credit executed by the dealer applicant or licensee in the 31 amount of $25,000. 26 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 2. A single dealer who buys, sells, or deals in mobile 2 homes and who has more than four supplemental licenses shall 3 provide a surety bond, cash bond, or irrevocable letter of 4 credit executed by the dealer applicant or licensee in the 5 amount of $50,000. 6 7 For the purposes of this paragraph, any person who buys, 8 sells, or deals in both mobile homes and recreational vehicles 9 shall provide the same surety bond required of dealers who 10 buy, sell, or deal in mobile homes only. 11 (b) Surety bonds shall be executed by a surety company 12 authorized to do business in the state as surety, and 13 irrevocable letters of credit shall be issued by a bank 14 authorized to do business in the state as a bank. 15 (c) Irrevocable letters of credit shall be engaged by 16 a bank as an agreement to honor demands for payment as 17 specified in this section. 18 (d)(b) The department shall, upon denial, suspension, 19 or revocation of any license, notify the surety company of the 20 licensee or bank issuing an irrevocable letter of credit for 21 the licensee, in writing, that the license has been denied, 22 suspended, or revoked and shall state the reason for such 23 denial, suspension, or revocation. 24 (e)(c) Any surety company that which pays any claim 25 against the bond of any licensee or any bank that honors a 26 demand for payment as a condition specified in a letter of 27 credit of a licensee shall notify the department, in writing, 28 that it has paid such action has been taken a claim and shall 29 state the amount of the claim or payment. 30 (f)(d) Any surety company that which cancels the bond 31 of any licensee or any bank that cancels an irrevocable letter 27 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 of credit shall notify the department, in writing, of such 2 cancellation, giving reason for the cancellation. 3 Section 19. Subsection (6) of section 322.08, Florida 4 Statutes, is amended to read: 5 322.08 Application for license.-- 6 (6) The application form for a driver's license or 7 duplicate thereof shall include language permitting the 8 following: 9 (a) A voluntary contribution of $5 per applicant, 10 which contribution shall be transferred into the Election 11 Campaign Financing Trust Fund. 12 (b) A voluntary contribution of $1 per applicant, 13 which contribution shall be deposited into the Florida Organ 14 and Tissue Donor Education and Procurement Trust Fund for 15 organ and tissue donor education and for maintaining the organ 16 and tissue donor registry. 17 (c) A voluntary contribution of $1 per applicant, 18 which contribution shall be distributed to the Florida Council 19 of the Blind. 20 (d) A voluntary contribution of $2 per applicant, 21 which shall be distributed to the Hearing Research Institute, 22 Incorporated, for the purpose of infant hearing screening in 23 Florida. 24 (e) A voluntary contribution of $1 per applicant, 25 which shall be distributed to the Juvenile Diabetes Foundation 26 International. 27 28 A statement providing an explanation of the purpose of the 29 trust funds shall also be included. For the purpose of 30 applying the service charge provided in s. 215.20, 31 contributions received under paragraphs (c), (d), and (e) and 28 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 under s. 322.18(9)(a) are not income of a revenue nature. 2 Section 20. Subsection (14) of section 322.2615, 3 Florida Statutes, is amended, and subsection (16) is added to 4 that section, to read: 5 322.2615 Suspension of license; right to review.-- 6 (14)(a) The decision of the department under this 7 section may shall not be considered in any trial for a 8 violation of s. 316.193, and a nor shall any written statement 9 submitted by a person in his or her request for departmental 10 review under this section may not be admitted admissible into 11 evidence against him or her in any such trial. 12 (b) The disposition of any related criminal 13 proceedings does shall not affect a suspension for refusal to 14 submit to a blood, breath, or urine test, authorized by s. 15 316.1932 or s. 316.1933, imposed under pursuant to this 16 section. 17 (16) The department shall invalidate a suspension for 18 driving with an unlawful blood-alcohol level or breath-alcohol 19 level imposed under this section if the suspended person is 20 found not guilty at trial of an underlying violation of s. 21 316.193. 22 Section 21. (1) There is created the Manufactured 23 Housing Regulatory Study Commission. The study commission 24 shall be composed of 11 members who shall be appointed as 25 follows: 26 (a) Four members appointed by the Florida Manufactured 27 Housing Association, one member representing publicly owned 28 manufacturers of manufactured housing, one member representing 29 privately owned manufacturers of manufactured housing, and two 30 members who are retail sellers of manufactured housing, one of 31 whom must also sell residential manufactured buildings 29 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 approved by the Department of Community Affairs. 2 (b) Two members from the Senate, appointed by the 3 President of the Senate. 4 (c) Two members from the House of Representatives, 5 appointed by the Speaker of the House of Representatives. 6 (d) The secretary of the Department of Community 7 Affairs or the secretary's designee. 8 (e) The executive director of the Department of 9 Highway Safety and Motor Vehicles or the director's designee. 10 (f) The commissioner of the Department of Agriculture 11 and Consumer Services or the commissioner's designee. 12 13 The commission members representing the departments of 14 Community Affairs, Highway Safety and Motor Vehicles, and 15 Agriculture and Consumer Services shall serve as ex officio, 16 nonvoting members of the study commission. 17 (2) The study commission shall review the programs 18 regulating manufactured and mobile homes which are currently 19 located at the Department of Highway Safety and Motor Vehicles 20 and must include a review of the following programs and 21 activities: 22 (a) The federal construction and inspection programs. 23 (b) The installation program, including the regulation 24 and inspection functions. 25 (c) The Mobile Home and RV Protection Trust Fund. 26 (d) The licensing of manufacturers, retailers, and 27 installers of manufactured and mobile homes. 28 (e) The titling of manufactured and mobile homes. 29 (f) Dispute resolution. 30 31 During the course of the study, the study commission must 30 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 review the sources funding the programs to determine if the 2 manufactured and mobile home programs are or can be 3 self-sustaining. The study commission shall also consider the 4 impact that changes in regulation may have on the industry and 5 its consumers. 6 (3) The study commission shall be administratively 7 supported by the staff of the transportation committees of the 8 Senate and the House of Representatives. 9 (4)(a) The study commission must hold its initial 10 meeting no later than August 15, 2005, in Tallahassee. Staff 11 to the commission shall schedule and organize the initial 12 meeting. Subsequent meetings of the study commission must be 13 held in Tallahassee according to a schedule developed by the 14 chair. 15 (b) At the initial meeting, the study commission shall 16 elect a chair from one of the elected official members. 17 (5) The study commission must submit a final report 18 setting forth its findings and recommendations to the 19 Governor, the President of the Senate, and the Speaker of the 20 House of Representatives on or before January 1, 2006. 21 (6) Members of the study commission shall serve 22 without compensation, but are entitled to be reimbursed for 23 per diem and travel expenses under section 112.061, Florida 24 Statutes. 25 (7) The study commission terminates after submitting 26 its final report but not later than February 15, 2006. 27 Section 22. Subsection (3) of section 322.27, Florida 28 Statutes, is amended to read: 29 322.27 Authority of department to suspend or revoke 30 license.-- 31 (3) There is established a point system for evaluation 31 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 of convictions of violations of motor vehicle laws or 2 ordinances, and violations of applicable provisions of s. 3 403.413(6)(b) when such violations involve the use of motor 4 vehicles, for the determination of the continuing 5 qualification of any person to operate a motor vehicle. The 6 department is authorized to suspend the license of any person 7 upon showing of its records or other good and sufficient 8 evidence that the licensee has been convicted of violation of 9 motor vehicle laws or ordinances, or applicable provisions of 10 s. 403.413(6)(b), amounting to 12 or more points as determined 11 by the point system. The suspension shall be for a period of 12 not more than 1 year. 13 (a) When a licensee accumulates 12 points within a 14 12-month period, the period of suspension shall be for not 15 more than 30 days. 16 (b) When a licensee accumulates 18 points, including 17 points upon which suspension action is taken under paragraph 18 (a), within an 18-month period, the suspension shall be for a 19 period of not more than 3 months. 20 (c) When a licensee accumulates 24 points, including 21 points upon which suspension action is taken under paragraphs 22 (a) and (b), within a 36-month period, the suspension shall be 23 for a period of not more than 1 year. 24 (d) The point system shall have as its basic element a 25 graduated scale of points assigning relative values to 26 convictions of the following violations: 27 1. Reckless driving, willful and wanton--4 points. 28 2. Leaving the scene of a crash resulting in property 29 damage of more than $50--6 points. 30 3. Unlawful speed resulting in a crash--6 points. 31 4. Passing a stopped school bus--4 points. 32 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 5. Unlawful speed: 2 a. Not in excess of 15 miles per hour of lawful or 3 posted speed--3 points. 4 b. In excess of 15 miles per hour of lawful or posted 5 speed--4 points. 6 6. All other moving violations (including parking on a 7 highway outside the limits of a municipality)--3 points. 8 However, no points shall be imposed for a violation of s. 9 316.0741 or s. 316.2065(12). 10 7. Any moving violation covered above, excluding 11 unlawful speed, resulting in a crash--4 points. 12 8. Any conviction under s. 403.413(6)(b) s. 13 403.413(5)(b)--3 points. 14 (e) A conviction in another state of a violation 15 therein which, if committed in this state, would be a 16 violation of the traffic laws of this state, or a conviction 17 of an offense under any federal law substantially conforming 18 to the traffic laws of this state, except a violation of s. 19 322.26, may be recorded against a driver on the basis of the 20 same number of points received had the conviction been made in 21 a court of this state. 22 (f) In computing the total number of points, when the 23 licensee reaches the danger zone, the department is authorized 24 to send the licensee a warning letter advising that any 25 further convictions may result in suspension of his or her 26 driving privilege. 27 (g) The department shall administer and enforce the 28 provisions of this law and may make rules and regulations 29 necessary for its administration. 30 (h) Three points shall be deducted from the driver 31 history record of any person whose driving privilege has been 33 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 suspended only once pursuant to this subsection and has been 2 reinstated, if such person has complied with all other 3 requirements of this chapter. 4 (i) This subsection shall not apply to persons 5 operating a nonmotorized vehicle for which a driver's license 6 is not required. 7 Section 23. Subsections (1), (2), (3), (7), (8), and 8 (10) of section 322.61, Florida Statutes, are amended to read: 9 322.61 Disqualification from operating a commercial 10 motor vehicle.-- 11 (1) A person who, for offenses occurring within a 12 3-year period, is convicted of two of the following serious 13 traffic violations or any combination thereof, arising in 14 separate incidents committed in a commercial motor vehicle 15 shall, in addition to any other applicable penalties, be 16 disqualified from operating a commercial motor vehicle for a 17 period of 60 days. A person who, for offenses occurring within 18 a 3-year period, is convicted of two of the following serious 19 traffic violations, or any combination thereof, arising in 20 separate incidents committed in a noncommercial motor vehicle 21 shall, in addition to any other applicable penalties, be 22 disqualified from operating a commercial motor vehicle for a 23 period of 60 days if such convictions result in the 24 suspension, revocation, or cancellation of the licenseholder's 25 driving privilege: 26 (a) A violation of any state or local law relating to 27 motor vehicle traffic control, other than a parking violation, 28 a weight violation, or a vehicle equipment violation, arising 29 in connection with a crash resulting in death or personal 30 injury to any person; 31 (b) Reckless driving, as defined in s. 316.192; 34 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (c) Careless driving, as defined in s. 316.1925; 2 (d) Fleeing or attempting to elude a law enforcement 3 officer, as defined in s. 316.1935; 4 (e) Unlawful speed of 15 miles per hour or more above 5 the posted speed limit; 6 (f) Driving a commercial motor vehicle, owned by such 7 person, which is not properly insured; 8 (g) Improper lane change, as defined in s. 316.085; or 9 (h) Following too closely, as defined in s. 316.0895;. 10 (i) Driving a commercial vehicle without obtaining a 11 commercial driver's license; 12 (j) Driving a commercial vehicle without the proper 13 class of commercial driver's license or without the proper 14 endorsement; or 15 (k) Driving a commercial vehicle without a commercial 16 driver's license in possession, as required by s. 322.03. Any 17 individual who provides proof to the clerk of the court or 18 designated official in the jurisdiction where the citation was 19 issued, by the date the individual must appear in court or pay 20 any fine for such a violation, that the individual held a 21 valid commercial driver's license on the date the citation was 22 issued is not guilty of this offense. 23 (2)(a) Any person who, for offenses occurring within a 24 3-year period, is convicted of three serious traffic 25 violations specified in subsection (1) or any combination 26 thereof, arising in separate incidents committed in a 27 commercial motor vehicle shall, in addition to any other 28 applicable penalties, including but not limited to the penalty 29 provided in subsection (1), be disqualified from operating a 30 commercial motor vehicle for a period of 120 days. 31 (b) A person who, for offenses occurring within a 35 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 3-year period, is convicted of three serious traffic 2 violations specified in subsection (1) or any combination 3 thereof arising in separate incidents committed in a 4 noncommercial motor vehicle shall, in addition to any other 5 applicable penalties, including, but not limited to, the 6 penalty provided in subsection (1), be disqualified from 7 operating a commercial motor vehicle for a period of 120 days 8 if such convictions result in the suspension, revocation, or 9 cancellation of the licenseholder's driving privilege. 10 (3) Except as provided in subsection (4), any person 11 who is convicted of one of the following offenses shall, in 12 addition to any other applicable penalties, be disqualified 13 from operating a commercial motor vehicle for a period of 1 14 year: 15 (a) Driving a commercial motor vehicle while he or she 16 is under the influence of alcohol or a controlled substance; 17 (b) Driving a commercial motor vehicle while the 18 alcohol concentration of his or her blood, breath, or urine is 19 .04 percent or higher; 20 (c) Leaving the scene of a crash involving a 21 commercial motor vehicle driven by such person; 22 (d) Using a commercial motor vehicle in the commission 23 of a felony; 24 (e) Driving a commercial motor vehicle while in 25 possession of a controlled substance; or 26 (f) Refusing to submit to a test to determine his or 27 her alcohol concentration while driving a commercial motor 28 vehicle;. 29 (g) Driving a commercial vehicle while the 30 licenseholder's commercial driver's license is suspended, 31 revoked, or canceled or while the licenseholder is 36 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 disqualified from driving a commercial vehicle; or 2 (h) Causing a fatality through the negligent operation 3 of a commercial motor vehicle. 4 (7) A person whose privilege to operate a commercial 5 motor vehicle is disqualified under this section may, if 6 otherwise qualified, be issued a Class D or Class E driver's 7 license, pursuant to s. 322.251. 8 (8) A driver who is convicted of or otherwise found to 9 have committed a violation of an out-of-service order while 10 driving a commercial motor vehicle is disqualified as follows: 11 (a) Not less than 90 days nor more than 1 year if the 12 driver is convicted of or otherwise found to have committed a 13 first violation of an out-of-service order. 14 (b) Not less than 1 year nor more than 5 years if, for 15 offenses occurring during any 10-year period, the driver is 16 convicted of or otherwise found to have committed two 17 violations of out-of-service orders in separate incidents. 18 (c) Not less than 3 years nor more than 5 years if, 19 for offenses occurring during any 10-year period, the driver 20 is convicted of or otherwise found to have committed three or 21 more violations of out-of-service orders in separate 22 incidents. 23 (d) Not less than 180 days nor more than 2 years if 24 the driver is convicted of or otherwise found to have 25 committed a first violation of an out-of-service order while 26 transporting hazardous materials required to be placarded 27 under the Hazardous Materials Transportation Act, 49 U.S.C. 28 ss. 5101 et seq., or while operating motor vehicles designed 29 to transport more than 15 passengers, including the driver. A 30 driver is disqualified for a period of not less than 3 years 31 nor more than 5 years if, for offenses occurring during any 37 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 10-year period, the driver is convicted of or otherwise found 2 to have committed any subsequent violations of out-of-service 3 orders, in separate incidents, while transporting hazardous 4 materials required to be placarded under the Hazardous 5 Materials Transportation Act 49 U.S.C. ss. 5101 et seq., or 6 while operating motor vehicles designed to transport more than 7 15 passengers, including the driver. 8 (10)(a) A driver must be disqualified for not less 9 than 60 days if the driver is convicted of or otherwise found 10 to have committed a first violation of a railroad-highway 11 grade crossing violation. 12 (b) A driver must be disqualified for not less than 13 120 days if, for offenses occurring during any 3-year period, 14 the driver is convicted of or otherwise found to have 15 committed a second railroad-highway grade crossing violation 16 in separate incidents. 17 (c) A driver must be disqualified for not less than 1 18 year if, for offenses occurring during any 3-year period, the 19 driver is convicted of or otherwise found to have committed a 20 third or subsequent railroad-highway grade crossing violation 21 in separate incidents. 22 Section 24. Subsection (5) is added to section 321.24, 23 to read: 24 321.24 Members of an auxiliary to Florida Highway 25 Patrol.-- 26 (5) Notwithstanding any other law to the contrary, any 27 volunteer highway patrol troop surgeon appointed by the 28 director of the Florida Highway Patrol, and any volunteer 29 licensed health professional appointed by the director of the 30 Florida Highway Patrol to work under the medical direction of 31 a highway patrol troop surgeon is considered an employee for 38 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 purposes of s. 768.28(9). 2 Section 25. Section 549.102, Florida Statutes, is 3 created to read: 4 549.102 Motorsports entertainment complex; overnight 5 parking.--Notwithstanding any other law to the contrary, the 6 owner of a motorsports entertainment complex may allow 7 temporary overnight parking during a motorsports event and the 8 2 days immediately preceding and following such motorsports 9 event without any other license or permit as long as the area 10 where such temporary overnight parking is allowed meets 11 applicable health department requirements other than site 12 requirements. The Department of Health, or any other health 13 agency in the state, shall not regard such temporary overnight 14 parking as a "recreational vehicle park" as described in 15 chapter 513 and the administrative code adopted under that 16 chapter. 17 Section 26. Subsection (6) of section 261.03, Florida 18 Statutes, is amended and subsection (11) is added to that 19 section, to read: 20 261.03 Definitions.--As used in this chapter, the 21 term: 22 (6) "Off-highway vehicle" means any ATV, two-rider 23 ATV, or OHM that is used off the roads or highways of this 24 state for recreational purposes and that is not registered and 25 licensed for highway use under chapter 320. 26 (11) "Two-rider ATV" means any ATV that is 27 specifically designed by the manufacturer for a single 28 operator and one passenger. 29 Section 27. Subsection (84) is added to section 30 316.003, Florida Statutes, to read: 31 316.003 Definitions.--The following words and phrases, 39 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 when used in this chapter, shall have the meanings 2 respectively ascribed to them in this section, except where 3 the context otherwise requires: 4 (84) TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or 5 device with the capability of activating a control mechanism 6 mounted on or near traffic signals which alters a traffic 7 signal's timing cycle. 8 Section 28. Section 316.0775, Florida Statutes, is 9 amended to read: 10 316.0775 Interference with official traffic control 11 devices or railroad signs or signals.-- 12 (1) A No person may not shall, without lawful 13 authority, attempt to or in fact alter, deface, injure, knock 14 down, or remove any official traffic control device or any 15 railroad sign or signal or any inscription, shield, or 16 insignia thereon, or any other part thereof. A violation of 17 this subsection section is a criminal violation pursuant to s. 18 318.17 and shall be punishable as set forth in s. 806.13 19 related to criminal mischief and graffiti, beginning on or 20 after July 1, 2000. 21 (2) A person may not, without lawful authority, 22 possess or use any traffic signal preemption device as defined 23 under s. 316.003. A person who violates this subsection 24 commits a moving violation, punishable as provided in chapter 25 318 and shall have 4 points assessed against his or her 26 driver's license as set forth in s. 322.27. 27 Section 29. Section 316.122, Florida Statutes, is 28 amended to read: 29 316.122 Vehicle turning left.--The driver of a vehicle 30 intending to turn to the left within an intersection or into 31 an alley, private road, or driveway shall yield the 40 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 right-of-way to any vehicle approaching from the opposite 2 direction, or vehicles lawfully passing on the left of the 3 turning vehicle, which is within the intersection or so close 4 thereto as to constitute an immediate hazard. A violation of 5 this section is a noncriminal traffic infraction, punishable 6 as a moving violation as provided in chapter 318. 7 Section 30. Section 316.1576, Florida Statutes, is 8 created to read: 9 316.1576 Insufficient clearance at a railroad-highway 10 grade crossing.-- 11 (1) A person may not drive any vehicle through a 12 railroad-highway grade crossing that does not have sufficient 13 space to drive completely through the crossing without 14 stopping. 15 (2) A person may not drive any vehicle through a 16 railroad-highway grade crossing that does not have sufficient 17 undercarriage clearance to drive completely through the 18 crossing without stopping. 19 (3) A violation of this section is a noncriminal 20 traffic infraction, punishable as a moving violation as 21 provided in chapter 318. 22 Section 31. Section 316.1577, Florida Statutes, is 23 created to read: 24 316.1577 Employer responsibility for violations 25 pertaining to railroad-highway grade crossings.-- 26 (1) An employer may not knowingly allow, require, 27 permit, or authorize a driver to operate a commercial motor 28 vehicle in violation of a federal, state, or local law or rule 29 pertaining to railroad-highway grade crossings. 30 (2) A person who violates subsection (1) is subject to 31 a civil penalty of not more than $10,000. 41 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 Section 32. Subsection (2) of section 316.183, Florida 2 Statutes, is amended to read: 3 316.183 Unlawful speed.-- 4 (2) On all streets or highways, the maximum speed 5 limits for all vehicles must be 30 miles per hour in business 6 or residence districts, and 55 miles per hour at any time at 7 all other locations. However, with respect to a residence 8 district, a county or municipality may set a maximum speed 9 limit of 20 or 25 miles per hour on local streets and highways 10 after an investigation determines that such a limit is 11 reasonable. It is not necessary to conduct a separate 12 investigation for each residence district. The minimum speed 13 limit on all highways that comprise a part of the National 14 System of Interstate and Defense Highways and have not fewer 15 than four lanes is 40 miles per hour, except that when the 16 posted speed limit is 70 miles per hour, the minimum speed 17 limit is 50 miles per hour. 18 Section 33. Paragraph (e) of subsection (1) of section 19 316.1932, Florida Statutes, is amended to read: 20 316.1932 Tests for alcohol, chemical substances, or 21 controlled substances; implied consent; refusal.-- 22 (1) 23 (e)1. By applying for a driver's license and by 24 accepting and using a driver's license, the person holding the 25 driver's license is deemed to have expressed his or her 26 consent to the provisions of this section. 27 2. A nonresident or any other person driving in a 28 status exempt from the requirements of the driver's license 29 law, by his or her act of driving in such exempt status, is 30 deemed to have expressed his or her consent to the provisions 31 of this section. 42 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 3. A warning of the consent provision of this section 2 shall be printed above the signature line on each new or 3 renewed driver's license. 4 Section 34. Subsection (5) of section 316.1936, 5 Florida Statutes, is amended to read: 6 316.1936 Possession of open containers of alcoholic 7 beverages in vehicles prohibited; penalties.-- 8 (5) This section shall not apply to: 9 (a) A passenger of a vehicle in which the driver is 10 operating the vehicle pursuant to a contract to provide 11 transportation for passengers and such driver holds a valid 12 commercial driver's license with a passenger endorsement or a 13 Class D driver's license issued in accordance with the 14 requirements of chapter 322; 15 (b) A passenger of a bus in which the driver holds a 16 valid commercial driver's license with a passenger endorsement 17 or a Class D driver's license issued in accordance with the 18 requirements of chapter 322; or 19 (c) A passenger of a self-contained motor home which 20 is in excess of 21 feet in length. 21 Section 35. Paragraphs (a) and (b) of subsection (3) 22 of section 316.194, Florida Statutes, are amended to read: 23 316.194 Stopping, standing or parking outside of 24 municipalities.-- 25 (3)(a) Whenever any police officer or traffic accident 26 investigation officer finds a vehicle standing upon a highway 27 in violation of any of the foregoing provisions of this 28 section, the officer is authorized to move the vehicle, or 29 require the driver or other persons in charge of the vehicle 30 to move the vehicle same, to a position off the paved or 31 main-traveled part of the highway. 43 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (b) Officers and traffic accident investigation 2 officers may are hereby authorized to provide for the removal 3 of any abandoned vehicle to the nearest garage or other place 4 of safety, cost of such removal to be a lien against motor 5 vehicle, when an said abandoned vehicle is found unattended 6 upon a bridge or causeway or in any tunnel, or on any public 7 highway in the following instances: 8 1. Where such vehicle constitutes an obstruction of 9 traffic; 10 2. Where such vehicle has been parked or stored on the 11 public right-of-way for a period exceeding 48 hours, in other 12 than designated parking areas, and is within 30 feet of the 13 pavement edge; and 14 3. Where an operative vehicle has been parked or 15 stored on the public right-of-way for a period exceeding 10 16 days, in other than designated parking areas, and is more than 17 30 feet from the pavement edge. However, the agency removing 18 such vehicle shall be required to report same to the 19 Department of Highway Safety and Motor Vehicles within 24 20 hours of such removal. 21 Section 36. Section 316.1967, Florida Statutes, is 22 amended to read: 23 316.1967 Liability for payment of parking ticket 24 violations and other parking violations.-- 25 (1) The owner of a vehicle is responsible and liable 26 for payment of any parking ticket violation unless the owner 27 can furnish evidence, when required by this subsection, that 28 the vehicle was, at the time of the parking violation, in the 29 care, custody, or control of another person. In such 30 instances, the owner of the vehicle is required, within a 31 reasonable time after notification of the parking violation, 44 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 to furnish to the appropriate law enforcement authorities an 2 affidavit setting forth the name, address, and driver's 3 license number of the person who leased, rented, or otherwise 4 had the care, custody, or control of the vehicle. The 5 affidavit submitted under this subsection is admissible in a 6 proceeding charging a parking ticket violation and raises the 7 rebuttable presumption that the person identified in the 8 affidavit is responsible for payment of the parking ticket 9 violation. The owner of a vehicle is not responsible for a 10 parking ticket violation if the vehicle involved was, at the 11 time, stolen or in the care, custody, or control of some 12 person who did not have permission of the owner to use the 13 vehicle. The owner of a leased vehicle is not responsible for 14 a parking ticket violation and is not required to submit an 15 affidavit or the other evidence specified in this section, if 16 the vehicle is registered in the name of the person who leased 17 the vehicle. 18 (2) Any person who is issued a county or municipal 19 parking ticket by a parking enforcement specialist or officer 20 is deemed to be charged with a noncriminal violation and shall 21 comply with the directions on the ticket. If payment is not 22 received or a response to the ticket is not made within the 23 time period specified thereon, the county court or its traffic 24 violations bureau shall notify the registered owner of the 25 vehicle that was cited, or the registered lessee when the 26 cited vehicle is registered in the name of the person who 27 leased the vehicle, by mail to the address given on the motor 28 vehicle registration, of the ticket. Mailing the notice to 29 this address constitutes notification. Upon notification, the 30 registered owner or registered lessee shall comply with the 31 court's directive. 45 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (3) Any person who fails to satisfy the court's 2 directive waives his or her right to pay the applicable civil 3 penalty. 4 (4) Any person who elects to appear before a 5 designated official to present evidence waives his or her 6 right to pay the civil penalty provisions of the ticket. The 7 official, after a hearing, shall make a determination as to 8 whether a parking violation has been committed and may impose 9 a civil penalty not to exceed $100 or the fine amount 10 designated by county ordinance, plus court costs. Any person 11 who fails to pay the civil penalty within the time allowed by 12 the court is deemed to have been convicted of a parking ticket 13 violation, and the court shall take appropriate measures to 14 enforce collection of the fine. 15 (5) Any provision of subsections (2), (3), and (4) to 16 the contrary notwithstanding, chapter 318 does not apply to 17 violations of county parking ordinances and municipal parking 18 ordinances. 19 (6) Any county or municipality may provide by 20 ordinance that the clerk of the court or the traffic 21 violations bureau shall supply the department with a 22 magnetically encoded computer tape reel or cartridge or send 23 by other electronic means data which is machine readable by 24 the installed computer system at the department, listing 25 persons who have three or more outstanding parking violations, 26 including violations of s. 316.1955. Each county shall provide 27 by ordinance that the clerk of the court or the traffic 28 violations bureau shall supply the department with a 29 magnetically encoded computer tape reel or cartridge or send 30 by other electronic means data that is machine readable by the 31 installed computer system at the department, listing persons 46 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 who have any outstanding violations of s. 316.1955 or any 2 similar local ordinance that regulates parking in spaces 3 designated for use by persons who have disabilities. The 4 department shall mark the appropriate registration records of 5 persons who are so reported. Section 320.03(8) applies to each 6 person whose name appears on the list. 7 Section 37. Subsection (2) of section 316.2074, 8 Florida Statutes, is amended to read: 9 316.2074 All-terrain vehicles.-- 10 (2) As used in this section, the term "all-terrain 11 vehicle" means any motorized off-highway vehicle 50 inches or 12 less in width, having a dry weight of 900 pounds or less, 13 designed to travel on three or more low-pressure tires, having 14 a seat designed to be straddled by the operator and handlebars 15 for steering control, and intended for use by a single 16 operator with no passenger. For the purposes of this section, 17 "all-terrain vehicle" also includes any "two-rider ATV" as 18 defined in s. 317.0003. 19 Section 38. Paragraph (b) of subsection (1) of section 20 316.302, Florida Statutes, is amended to read: 21 316.302 Commercial motor vehicles; safety regulations; 22 transporters and shippers of hazardous materials; 23 enforcement.-- 24 (1) 25 (b) Except as otherwise provided in this section, all 26 owners or drivers of commercial motor vehicles that are 27 engaged in intrastate commerce are subject to the rules and 28 regulations contained in 49 C.F.R. parts 382, 385, and 29 390-397, with the exception of 49 C.F.R. s. 390.5 as it 30 relates to the definition of bus, as such rules and 31 regulations existed on October 1, 2004 2002. 47 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 Section 39. Subsection (1) of section 316.605, Florida 2 Statutes, is amended to read: 3 316.605 Licensing of vehicles.-- 4 (1) Every vehicle, at all times while driven, stopped, 5 or parked upon any highways, roads, or streets of this state, 6 shall be licensed in the name of the owner thereof in 7 accordance with the laws of this state unless such vehicle is 8 not required by the laws of this state to be licensed in this 9 state and shall, except as otherwise provided in s. 320.0706 10 for front-end registration license plates on truck tractors, 11 display the license plate or both of the license plates 12 assigned to it by the state, one on the rear and, if two, the 13 other on the front of the vehicle, each to be securely 14 fastened to the vehicle outside the main body of the vehicle 15 in such manner as to prevent the plates from swinging, and 16 with all letters, numerals, printing, writing, and other 17 identification marks upon the plates regarding the word 18 "Florida," the registration decal, and the alphanumeric 19 designation shall be clear and distinct and free from 20 defacement, mutilation, grease, and other obscuring matter, so 21 that they will be plainly visible and legible at all times 100 22 feet from the rear or front. Nothing shall be placed upon the 23 face of a Florida plate except as permitted by law or by rule 24 or regulation of a governmental agency. No license plates 25 other than those furnished by the state shall be used. 26 However, if the vehicle is not required to be licensed in this 27 state, the license plates on such vehicle issued by another 28 state, by a territory, possession, or district of the United 29 States, or by a foreign country, substantially complying with 30 the provisions hereof, shall be considered as complying with 31 this chapter. A violation of this subsection is a noncriminal 48 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 traffic infraction, punishable as a nonmoving violation as 2 provided in chapter 318. 3 Section 40. Subsection (4) of section 316.613, Florida 4 Statutes, is amended to read: 5 316.613 Child restraint requirements.-- 6 (4)(a) It is the legislative intent that all state, 7 county, and local law enforcement agencies, and safety 8 councils, in recognition of the problems with child death and 9 injury from unrestrained occupancy in motor vehicles, conduct 10 a continuing safety and public awareness campaign as to the 11 magnitude of the problem. 12 (b) The department may authorize the expenditure of 13 funds for the purchase of promotional items as part of the 14 public information and education campaigns provided for in 15 this subsection and ss. 316.614, 322.025, and 403.7145. 16 Section 41. Section 316.6131, Florida Statutes, is 17 created to read: 18 316.6131 Educational expenditures.--The department may 19 authorize the expenditure of funds for the purchase of 20 educational items as part of the public information and 21 education campaigns promoting highway safety and awareness, as 22 well as departmental community-based initiatives. Funds may be 23 expended for, but are not limited to, educational campaigns 24 provided in this chapter, chapters 320 and 322, and s. 25 403.7145. 26 Section 42. Subsection (9) of section 316.650, Florida 27 Statutes, is amended to read: 28 316.650 Traffic citations.-- 29 (9) Such citations shall not be admissible evidence in 30 any trial, except when used as evidence of falsification, 31 forgery, uttering, fraud, or perjury, or when used as physical 49 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 evidence resulting from a forensic examination of the 2 citation. 3 Section 43. Section 317.0003, Florida Statutes, is 4 amended, to read: 5 317.0003 Definitions.--As used in this chapter ss. 6 317.0001-317.0013, the term: 7 (1) "ATV" means any motorized off-highway or 8 all-terrain vehicle 50 inches or less in width, having a dry 9 weight of 900 pounds or less, designed to travel on three or 10 more low-pressure tires, having a seat designed to be 11 straddled by the operator and handlebars for steering control, 12 and intended for use by a single operator and with no 13 passenger. 14 (2) "Dealer" means any person authorized by the 15 Department of Revenue to buy, sell, resell, or otherwise 16 distribute off-highway vehicles. Such person must have a valid 17 sales tax certificate of registration issued by the Department 18 of Revenue and a valid commercial or occupational license 19 required by any county, municipality, or political subdivision 20 of the state in which the person operates. 21 (3) "Department" means the Department of Highway 22 Safety and Motor Vehicles. 23 (4) "Florida resident" means a person who has had a 24 principal place of domicile in this state for a period of more 25 than 6 consecutive months, who has registered to vote in this 26 state, who has made a statement of domicile pursuant to s. 27 222.17, or who has filed for homestead tax exemption on 28 property in this state. 29 (5) "OHM" or "off-highway motorcycle" means any motor 30 vehicle used off the roads or highways of this state that has 31 a seat or saddle for the use of the rider and is designed to 50 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 travel with not more than two wheels in contact with the 2 ground, but excludes a tractor or a moped. 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 pursuant to chapter 320. 7 (7) "Owner" means a person, other than a lienholder, 8 having the property in or title to an off-highway vehicle, 9 including a person entitled to the use or possession of an 10 off-highway vehicle subject to an interest held by another 11 person, reserved or created by agreement and securing payment 12 of performance of an obligation, but the term excludes a 13 lessee under a lease not intended as security. 14 (8) "Public lands" means lands within the state that 15 are available for public use and that are owned, operated, or 16 managed by a federal, state, county, or municipal governmental 17 entity. 18 (9) "Two-rider ATV" means any ATV that is specifically 19 designed by the manufacturer for a single operator and one 20 passenger. 21 Section 44. Subsection (1) of section 317.0004, 22 Florida Statutes, is amended to read: 23 317.0004 Administration of off-highway vehicle titling 24 laws; records.-- 25 (1) The administration of off-highway vehicle titling 26 laws in this chapter ss. 317.0001-317.0013 is under the 27 Department of Highway Safety and Motor Vehicles, which shall 28 provide for the issuing, handling, and recording of all 29 off-highway vehicle titling applications and certificates, 30 including the receipt and accounting of off-highway vehicle 31 titling fees. The provisions of chapter 319 are applicable to 51 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 this chapter, unless otherwise explicitly stated. 2 Section 45. Section 317.0005, Florida Statutes, is 3 amended to read: 4 317.0005 Rules, forms, and notices.-- 5 (1) The department may adopt rules pursuant to ss. 6 120.536(1) and 120.54, which pertain to off-highway vehicle 7 titling, in order to implement the provisions of this chapter 8 ss. 317.0001-317.0013 conferring duties upon it. 9 (2) The department shall prescribe and provide 10 suitable forms for applications and other notices and forms 11 necessary to administer the provisions of this chapter ss. 12 317.0001-317.0013. 13 Section 46. Subsection (1) of section 317.0006, 14 Florida Statutes, is amended to read: 15 317.0006 Certificate of title required.-- 16 (1) Any off-highway vehicle that is purchased by a 17 resident of this state after the effective date of this act or 18 that is owned by a resident and is operated on the public 19 lands of this state must be titled pursuant to this chapter 20 ss. 317.0001-317.0013. 21 Section 47. Subsection (6) is added to section 22 317.0007, Florida Statutes, to read: 23 317.0007 Application for and issuance of certificate 24 of title.-- 25 (6) In addition to a certificate of title, the 26 department may issue a validation sticker to be placed on the 27 off-highway vehicle as proof of the issuance of title required 28 pursuant to s. 317.0006(1). A validation sticker that is lost 29 or destroyed may, upon application, be replaced by the 30 department or county tax collector. The department and county 31 tax collector may charge and deposit the fees established in 52 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 ss. 320.03(5), 320.031, and 320.04 for all original and 2 replacement decals. 3 Section 48. Subsection (2) of section 317.0008, 4 Florida Statutes, is repealed. 5 Section 49. Section 317.0010, Florida Statutes, is 6 amended to read: 7 317.0010 Disposition of fees.--The department shall 8 deposit all funds received under this chapter ss. 9 317.0001-317.0013, less administrative costs of $2 per title 10 transaction, into the Incidental Trust Fund of the Division of 11 Forestry of the Department of Agriculture and Consumer 12 Services. 13 Section 50. Subsection (3) of section 317.0012, 14 Florida Statutes, is amended to read: 15 317.0012 Crimes relating to certificates of title; 16 penalties.-- 17 (3) It is unlawful to: 18 (a) Alter or forge any certificate of title to an 19 off-highway vehicle or any assignment thereof or any 20 cancellation of any lien on an off-highway vehicle. 21 (b) Retain or use such certificate, assignment, or 22 cancellation knowing that it has been altered or forged. 23 (c) Use a false or fictitious name, give a false or 24 fictitious address, or make any false statement in any 25 application or affidavit required by this chapter ss. 26 317.0001-317.0013 or in a bill of sale or sworn statement of 27 ownership or otherwise commit a fraud in any application. 28 (d) Knowingly obtain goods, services, credit, or money 29 by means of an invalid, duplicate, fictitious, forged, 30 counterfeit, stolen, or unlawfully obtained certificate of 31 title, bill of sale, or other indicia of ownership of an 53 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 off-highway vehicle. 2 (e) Knowingly obtain goods, services, credit, or money 3 by means of a certificate of title to an off-highway vehicle 4 which certificate is required by law to be surrendered to the 5 department. 6 7 Any person who violates this subsection commits a felony of 8 the third degree, punishable as provided in s. 775.082, s. 9 775.083, or s. 775.084. A violation of this subsection with 10 respect to any off-highway vehicle makes such off-highway 11 vehicle contraband which may be seized by a law enforcement 12 agency and forfeited under ss. 932.701-932.704. 13 Section 51. Section 317.0013, Florida Statutes, is 14 amended to read: 15 317.0013 Nonmoving traffic violations.--Any person who 16 fails to comply with any provision of this chapter ss. 17 317.0001-317.0012 for which a penalty is not otherwise 18 provided commits a nonmoving traffic violation, punishable as 19 provided in s. 318.18. 20 Section 52. Section 317.0014, Florida Statutes, is 21 created to read: 22 317.0014 Certificate of title; issuance in duplicate; 23 delivery; liens and encumbrances.-- 24 (1) The department shall assign a number to each 25 certificate of title and shall issue each certificate of title 26 and each corrected certificate in duplicate. The database 27 record shall serve as the duplicate title certificate required 28 in this section. One printed copy may be retained on file by 29 the department. 30 (2) A duly authorized person shall sign the original 31 certificate of title and each corrected certificate and, if 54 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 there are no liens or encumbrances on the off-highway vehicle, 2 as shown in the records of the department or as shown in the 3 application, shall deliver the certificate to the applicant or 4 to another person as directed by the applicant or person, 5 agent, or attorney submitting the application. If there are 6 one or more liens or encumbrances on the off-highway vehicle, 7 the certificate shall be delivered by the department to the 8 first lienholder as shown by department records or to the 9 owner as indicated in the notice of lien filed by the first 10 lienholder. If the notice of lien filed by the first 11 lienholder indicates that the certificate should be delivered 12 to the first lienholder, the department shall deliver to the 13 first lienholder, along with the certificate, a form to be 14 subsequently used by the lienholder as a satisfaction. If the 15 notice of lien filed by the first lienholder directs the 16 certificate of title to be delivered to the owner, then, upon 17 delivery of the certificate of title by the department to the 18 owner, the department shall deliver to the first lienholder 19 confirmation of the receipt of the notice of lien and the date 20 the certificate of title was issued to the owner at the 21 owner's address shown on the notice of lien and a form to be 22 subsequently used by the lienholder as a satisfaction. If the 23 application for certificate shows the name of a first 24 lienholder different from the name of the first lienholder as 25 shown by the records of the department, the certificate may 26 not be issued to any person until after all parties who appear 27 to hold a lien and the applicant for the certificate have been 28 notified of the conflict in writing by the department by 29 certified mail. If the parties do not amicably resolve the 30 conflict within 10 days after the date the notice was mailed, 31 the department shall serve notice in writing by certified mail 55 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 on all persons appearing to hold liens on that particular 2 vehicle, including the applicant for the certificate, to show 3 cause within 15 days following the date the notice is mailed 4 as to why it should not issue and deliver the certificate to 5 the person indicated in the notice of lien filed by the 6 lienholder whose name appears in the application as the first 7 lienholder without showing any lien or liens as outstanding 8 other than those appearing in the application or those that 9 have been filed subsequent to the filing of the application 10 for the certificate. If, within the 15-day period, any person 11 other than the lienholder shown in the application or a party 12 filing a subsequent lien, in answer to the notice to show 13 cause, appears in person or by a representative, or responds 14 in writing, and files a written statement under oath that his 15 or her lien on that particular vehicle is still outstanding, 16 the department may not issue the certificate to anyone until 17 after the conflict has been settled by the lien claimants 18 involved or by a court of competent jurisdiction. If the 19 conflict is not settled amicably within 10 days after the 20 final date for filing an answer to the notice to show cause, 21 the complaining party shall have 10 days in which to obtain a 22 ruling, or a stay order, from a court of competent 23 jurisdiction. If a ruling or stay order is not issued and 24 served on the department within the 10-day period, it shall 25 issue the certificate showing no liens except those shown in 26 the application or thereafter filed to the original applicant 27 if there are no liens shown in the application and none are 28 thereafter filed, or to the person indicated in the notice of 29 lien filed by the lienholder whose name appears in the 30 application as the first lienholder if there are liens shown 31 in the application or thereafter filed. A duplicate 56 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 certificate or corrected certificate shall show only the lien 2 or liens as shown in the application and any subsequently 3 filed liens that may be outstanding. 4 (3) Except as provided in subsection (4), the 5 certificate of title shall be retained by the first lienholder 6 or the owner as indicated in the notice of lien filed by the 7 first lienholder. If the first lienholder is in possession of 8 the certificate, the first lienholder is entitled to retain 9 the certificate until the first lien is satisfied. 10 (4) If the owner of the vehicle, as shown on the title 11 certificate, desires to place a second or subsequent lien or 12 encumbrance against the vehicle when the title certificate is 13 in the possession of the first lienholder, the owner shall 14 send a written request to the first lienholder by certified 15 mail, and the first lienholder shall forward the certificate 16 to the department for endorsement. If the title certificate is 17 in the possession of the owner, the owner shall forward the 18 certificate to the department for endorsement. The department 19 shall return the certificate to either the first lienholder or 20 to the owner, as indicated in the notice of lien filed by the 21 first lienholder, after endorsing the second or subsequent 22 lien on the certificate and on the duplicate. If the first 23 lienholder or owner fails, neglects, or refuses to forward the 24 certificate of title to the department within 10 days after 25 the date of the owner's request, the department, on the 26 written request of the subsequent lienholder or an assignee of 27 the lien, shall demand of the first lienholder the return of 28 the certificate for the notation of the second or subsequent 29 lien or encumbrance. 30 (5)(a) Upon satisfaction of any first lien or 31 encumbrance recorded by the department, the owner of the 57 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 vehicle, as shown on the title certificate, or the person 2 satisfying the lien is entitled to demand and receive from the 3 lienholder a satisfaction of the lien. If the lienholder, upon 4 satisfaction of the lien and upon demand, fails or refuses to 5 furnish a satisfaction of the lien within 30 days after 6 demand, he or she is liable for all costs, damages, and 7 expenses, including reasonable attorney's fees, lawfully 8 incurred by the titled owner or person satisfying the lien in 9 any suit brought in this state for cancellation of the lien. 10 The lienholder receiving final payment as defined in s. 11 674.215 shall mail or otherwise deliver a lien satisfaction 12 and the certificate of title indicating the satisfaction 13 within 10 working days after receipt of final payment or 14 notify the person satisfying the lien that the title is not 15 available within 10 working days after receipt of final 16 payment. If the lienholder is unable to provide the 17 certificate of title and notifies the person of such, the 18 lienholder shall provide a lien satisfaction and is 19 responsible for the cost of a duplicate title, including 20 expedited title charges as provided in s. 317.0016. This 21 paragraph does not apply to electronic transactions under 22 subsection (8). 23 (b) Following satisfaction of a lien, the lienholder 24 shall enter a satisfaction thereof in the space provided on 25 the face of the certificate of title. If the certificate of 26 title was retained by the owner, the owner shall, within 5 27 days after satisfaction of the lien, deliver the certificate 28 of title to the lienholder and the lienholder shall enter a 29 satisfaction thereof in the space provided on the face of the 30 certificate of title. If no subsequent liens are shown on the 31 certificate of title, the certificate shall be delivered by 58 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 the lienholder to the person satisfying the lien or 2 encumbrance and an executed satisfaction on a form provided by 3 the department shall be forwarded to the department by the 4 lienholder within 10 days after satisfaction of the lien. 5 (c) If the certificate of title shows a subsequent 6 lien not then being discharged, an executed satisfaction of 7 the first lien shall be delivered by the lienholder to the 8 person satisfying the lien and the certificate of title 9 showing satisfaction of the first lien shall be forwarded by 10 the lienholder to the department within 10 days after 11 satisfaction of the lien. 12 (d) If, upon receipt of a title certificate showing 13 satisfaction of the first lien, the department determines from 14 its records that there are no subsequent liens or encumbrances 15 upon the vehicle, the department shall forward to the owner, 16 as shown on the face of the title, a corrected certificate 17 showing no liens or encumbrances. If there is a subsequent 18 lien not being discharged, the certificate of title shall be 19 reissued showing the second or subsequent lienholder as the 20 first lienholder and shall be delivered to either the new 21 first lienholder or to the owner as indicated in the notice of 22 lien filed by the new first lienholder. If the certificate of 23 title is to be retained by the first lienholder on the 24 reissued certificate, the first lienholder is entitled to 25 retain the certificate of title except as provided in 26 subsection (4) until his or her lien is satisfied. Upon 27 satisfaction of the lien, the lienholder is subject to the 28 procedures required of a first lienholder by subsection (4) 29 and this subsection. 30 (6) When the original certificate of title cannot be 31 returned to the department by the lienholder and evidence 59 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 satisfactory to the department is produced that all liens or 2 encumbrances have been satisfied, upon application by the 3 owner for a duplicate copy of the certificate upon the form 4 prescribed by the department, accompanied by the fee 5 prescribed in this chapter, a duplicate copy of the 6 certificate of title, without statement of liens or 7 encumbrances, shall be issued by the department and delivered 8 to the owner. 9 (7) Any person who fails, within 10 days after receipt 10 of a demand by the department by certified mail, to return a 11 certificate of title to the department as required by 12 subsection (4) or who, upon satisfaction of a lien, fails 13 within 10 days after receipt of such demand to forward the 14 appropriate document to the department as required by 15 paragraph (5)(b) or paragraph (5)(c) commits a misdemeanor of 16 the second degree, punishable as provided in s. 775.082 or s. 17 775.083. 18 (8) Notwithstanding any requirements in this section 19 or in s. 319.27 indicating that a lien on a vehicle shall be 20 noted on the face of the Florida certificate of title, if 21 there are one or more liens or encumbrances on the off-highway 22 vehicle, the department may electronically transmit the lien 23 to the first lienholder and notify the first lienholder of any 24 additional liens. Subsequent lien satisfactions may be 25 electronically transmitted to the department and must include 26 the name and address of the person or entity satisfying the 27 lien. When electronic transmission of liens and lien 28 satisfactions are used, the issuance of a certificate of title 29 may be waived until the last lien is satisfied and a clear 30 certificate of title is issued to the owner of the vehicle. 31 (9) In sending any notice, the department is required 60 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 to use only the last known address, as shown by its records. 2 Section 53. Section 317.0015, Florida Statutes, is 3 created to read: 4 317.0015 Application of law.--Sections 319.235, 5 319.241, 319.25, 319.27, 319.28, and 319.40 apply to all 6 off-highway vehicles that are required to be titled under this 7 chapter. 8 Section 54. Section 317.0016, Florida Statutes, is 9 created to read: 10 317.0016 Expedited service; applications; fees.--The 11 department shall provide, through its agents and for use by 12 the public, expedited service on title transfers, title 13 issuances, duplicate titles, recordation of liens, and 14 certificates of repossession. A fee of $7 shall be charged for 15 this service, which is in addition to the fees imposed by ss. 16 317.0007 and 317.0008, and $3.50 of this fee shall be retained 17 by the processing agency. All remaining fees shall be 18 deposited in the Incidental Trust Fund of the Division of 19 Forestry of the Department of Agriculture and Consumer 20 Services. Application for expedited service may be made by 21 mail or in person. The department shall issue each title 22 applied for pursuant to this section within 5 working days 23 after receipt of the application except for an application for 24 a duplicate title certificate covered by s. 317.0008(3), in 25 which case the title must be issued within 5 working days 26 after compliance with the department's verification 27 requirements. 28 Section 55. Section 317.0017, Florida Statutes, is 29 created to read: 30 317.0017 Offenses involving vehicle identification 31 numbers, applications, certificates, papers; penalty.-- 61 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (1) A person may not: 2 (a) Alter or forge any certificate of title to an 3 off-highway vehicle or any assignment thereof or any 4 cancellation of any lien on an off-highway vehicle. 5 (b) Retain or use such certificate, assignment, or 6 cancellation knowing that it has been altered or forged. 7 (c) Procure or attempt to procure a certificate of 8 title to an off-highway vehicle, or pass or attempt to pass a 9 certificate of title or any assignment thereof to an 10 off-highway vehicle, knowing or having reason to believe that 11 the off-highway vehicle has been stolen. 12 (d) Possess, sell or offer for sale, conceal, or 13 dispose of in this state an off-highway vehicle, or major 14 component part thereof, on which any motor number or vehicle 15 identification number affixed by the manufacturer or by a 16 state agency has been destroyed, removed, covered, altered, or 17 defaced, with knowledge of such destruction, removal, 18 covering, alteration, or defacement, except as provided in s. 19 319.30(4). 20 (e) Use a false or fictitious name, give a false or 21 fictitious address, or make any false statement in any 22 application or affidavit required under this chapter or in a 23 bill of sale or sworn statement of ownership or otherwise 24 commit a fraud in any application. 25 (2) A person may not knowingly obtain goods, services, 26 credit, or money by means of an invalid, duplicate, 27 fictitious, forged, counterfeit, stolen, or unlawfully 28 obtained certificate of title, registration, bill of sale, or 29 other indicia of ownership of an off-highway vehicle. 30 (3) A person may not knowingly obtain goods, services, 31 credit, or money by means of a certificate of title to an 62 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 off-highway vehicle, which certificate is required by law to 2 be surrendered to the department. 3 (4) A person may not knowingly and with intent to 4 defraud have in his or her possession, sell, offer to sell, 5 counterfeit, or supply a blank, forged, fictitious, 6 counterfeit, stolen, or fraudulently or unlawfully obtained 7 certificate of title, bill of sale, or other indicia of 8 ownership of an off-highway vehicle or conspire to do any of 9 the foregoing. 10 (5) A person, firm, or corporation may not knowingly 11 possess, manufacture, sell or exchange, offer to sell or 12 exchange, supply in blank, or give away any counterfeit 13 manufacturer's or state-assigned identification number plates 14 or serial plates or any decal used for the purpose of 15 identifying an off-highway vehicle. An officer, agent, or 16 employee of any person, firm, or corporation, or any person 17 may not authorize, direct, aid in exchange, or give away, or 18 conspire to authorize, direct, aid in exchange, or give away, 19 such counterfeit manufacturer's or state-assigned 20 identification number plates or serial plates or any decal. 21 However, this subsection does not apply to any approved 22 replacement manufacturer's or state-assigned identification 23 number plates or serial plates or any decal issued by the 24 department or any state. 25 (6) A person who violates any provision of this 26 section commits a felony of the third degree, punishable as 27 provided in s. 775.082, s. 775.083, or s. 775.084. Any 28 off-highway vehicle used in violation of this section 29 constitutes contraband that may be seized by a law enforcement 30 agency and that is subject to forfeiture proceedings pursuant 31 to ss. 932.701-932.704. This section is not exclusive of any 63 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 other penalties prescribed by any existing or future laws for 2 the larceny or unauthorized taking of off-highway vehicles, 3 but is supplementary thereto. 4 Section 56. Section 317.0018, Florida Statutes, is 5 created to read: 6 317.0018 Transfer without delivery of certificate; 7 operation or use without certificate; failure to surrender; 8 other violations.--Except as otherwise provided in this 9 chapter, any person who: 10 (1) Purports to sell or transfer an off-highway 11 vehicle without delivering to the purchaser or transferee of 12 the vehicle a certificate of title to the vehicle duly 13 assigned to the purchaser as provided in this chapter; 14 (2) Operates or uses in this state an off-highway 15 vehicle for which a certificate of title is required without 16 the certificate having been obtained in accordance with this 17 chapter, or upon which the certificate of title has been 18 canceled; 19 (3) Fails to surrender a certificate of title upon 20 cancellation of the certificate by the department and notice 21 thereof as prescribed in this chapter; 22 (4) Fails to surrender the certificate of title to the 23 department as provided in this chapter in the case of the 24 destruction, dismantling, or change of an off-highway vehicle 25 in such respect that it is not the off-highway vehicle 26 described in the certificate of title; or 27 (5) Violates any other provision of this chapter or a 28 lawful rule adopted pursuant to this chapter; 29 30 shall be fined not more than $500 or imprisoned for not more 31 than 6 months, or both, for each offense, unless otherwise 64 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 specified. 2 Section 57. Subsections (7), (9), and (10) of section 3 318.14, Florida Statutes, are amended to read: 4 318.14 Noncriminal traffic infractions; exception; 5 procedures.-- 6 (7)(a) The official having jurisdiction over the 7 infraction shall certify to the department within 10 days 8 after payment of the civil penalty that the defendant has 9 admitted to the infraction. If the charge results in a 10 hearing, the official having jurisdiction shall certify to the 11 department the final disposition within 10 days after of the 12 hearing. All dispositions returned to the county requiring a 13 correction shall be resubmitted to the department within 10 14 days after the notification of the error. 15 (b) If the official having jurisdiction over the 16 traffic infraction submits the final disposition to the 17 department more than 180 days after the final hearing or after 18 payment of the civil penalty, the department may modify any 19 resulting suspension or revocation action to begin as if the 20 citation were reported in a timely manner. 21 (9) Any person who does not hold a commercial driver's 22 license and who is cited for an infraction under this section 23 other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), 24 s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu 25 of a court appearance, elect to attend in the location of his 26 or her choice within this state a basic driver improvement 27 course approved by the Department of Highway Safety and Motor 28 Vehicles. In such a case, adjudication must be withheld; 29 points, as provided by s. 322.27, may not be assessed; and the 30 civil penalty that is imposed by s. 318.18(3) must be reduced 31 by 18 percent; however, a person may not make an election 65 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 under this subsection if the person has made an election under 2 this subsection in the preceding 12 months. A person may make 3 no more than five elections under this subsection. The 4 requirement for community service under s. 318.18(8) is not 5 waived by a plea of nolo contendere or by the withholding of 6 adjudication of guilt by a court. 7 (10)(a) Any person who does not hold a commercial 8 driver's license and who is cited for an offense listed under 9 this subsection may, in lieu of payment of fine or court 10 appearance, elect to enter a plea of nolo contendere and 11 provide proof of compliance to the clerk of the court or 12 authorized operator of a traffic violations bureau. In such 13 case, adjudication shall be withheld; however, no election 14 shall be made under this subsection if such person has made an 15 election under this subsection in the 12 months preceding 16 election hereunder. No person may make more than three 17 elections under this subsection. This subsection applies to 18 the following offenses: 19 1. Operating a motor vehicle without a valid driver's 20 license in violation of the provisions of s. 322.03, s. 21 322.065, or s. 322.15(1), or operating a motor vehicle with a 22 license which has been suspended for failure to appear, 23 failure to pay civil penalty, or failure to attend a driver 24 improvement course pursuant to s. 322.291. 25 2. Operating a motor vehicle without a valid 26 registration in violation of s. 320.0605, s. 320.07, or s. 27 320.131. 28 3. Operating a motor vehicle in violation of s. 29 316.646. 30 (b) Any person cited for an offense listed in this 31 subsection shall present proof of compliance prior to the 66 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 scheduled court appearance date. For the purposes of this 2 subsection, proof of compliance shall consist of a valid, 3 renewed, or reinstated driver's license or registration 4 certificate and proper proof of maintenance of security as 5 required by s. 316.646. Notwithstanding waiver of fine, any 6 person establishing proof of compliance shall be assessed 7 court costs of $22, except that a person charged with 8 violation of s. 316.646(1)-(3) may be assessed court costs of 9 $7. One dollar of such costs shall be remitted to the 10 Department of Revenue for deposit into the Child Welfare 11 Training Trust Fund of the Department of Children and Family 12 Services. One dollar of such costs shall be distributed to the 13 Department of Juvenile Justice for deposit into the Juvenile 14 Justice Training Trust Fund. Twelve dollars of such costs 15 shall be distributed to the municipality and $8 shall be 16 deposited by the clerk of the court into the fine and 17 forfeiture fund established pursuant to s. 142.01, if the 18 offense was committed within the municipality. If the offense 19 was committed in an unincorporated area of a county or if the 20 citation was for a violation of s. 316.646(1)-(3), the entire 21 amount shall be deposited by the clerk of the court into the 22 fine and forfeiture fund established pursuant to s. 142.01, 23 except for the moneys to be deposited into the Child Welfare 24 Training Trust Fund and the Juvenile Justice Training Trust 25 Fund. This subsection shall not be construed to authorize the 26 operation of a vehicle without a valid driver's license, 27 without a valid vehicle tag and registration, or without the 28 maintenance of required security. 29 Section 58. Subsection (6) of section 319.23, Florida 30 Statutes, is amended to read: 31 319.23 Application for, and issuance of, certificate 67 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 of title.-- 2 (6) In the case of the sale of a motor vehicle or 3 mobile home by a licensed dealer to a general purchaser, the 4 certificate of title shall be obtained in the name of the 5 purchaser by the dealer upon application signed by the 6 purchaser, and in each other case such certificate shall be 7 obtained by the purchaser. In each case of transfer of a 8 motor vehicle or mobile home, the application for certificate 9 of title, or corrected certificate, or assignment or 10 reassignment, shall be filed within 30 days from the delivery 11 of such motor vehicle or mobile home to the purchaser. An 12 applicant shall be required to pay a fee of $10, in addition 13 to all other fees and penalties required by law, for failing 14 to file such application within the specified time. When a 15 licensed dealer acquires a motor vehicle or mobile home as a 16 trade-in, the dealer must file with the department, within 30 17 days, a notice of sale signed by the seller. The department 18 shall update its database for that title record to indicate 19 "sold." A licensed dealer need not apply for a certificate of 20 title for any motor vehicle or mobile home in stock acquired 21 for stock purposes except as provided in s. 319.225. 22 Section 59. Subsections (2) and (3) of section 319.27, 23 Florida Statutes, are amended to read: 24 319.27 Notice of lien on motor vehicles or mobile 25 homes; notation on certificate; recording of lien.-- 26 (2) No lien for purchase money or as security for a 27 debt in the form of a security agreement, retain title 28 contract, conditional bill of sale, chattel mortgage, or other 29 similar instrument or any other nonpossessory lien, including 30 a lien for child support, upon a motor vehicle or mobile home 31 upon which a Florida certificate of title has been issued 68 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 shall be enforceable in any of the courts of this state 2 against creditors or subsequent purchasers for a valuable 3 consideration and without notice, unless a sworn notice of 4 such lien has been filed in the department and such lien has 5 been noted upon the certificate of title of the motor vehicle 6 or mobile home. Such notice shall be effective as constructive 7 notice when filed. No interest of a statutory nonpossessory 8 lienor; the interest of a nonpossessory execution, attachment, 9 or equitable lienor; or the interest of a lien creditor as 10 defined in s. 679.1021(1)(zz) s. 679.301(3), if nonpossessory, 11 shall be enforceable against creditors or subsequent 12 purchasers for a valuable consideration unless such interest 13 becomes a possessory lien or is noted upon the certificate of 14 title for the subject motor vehicle or mobile home prior to 15 the occurrence of the subsequent transaction. Provided the 16 provisions of this subsection relating to a nonpossessory 17 statutory lienor; a nonpossessory execution, attachment, or 18 equitable lienor; or the interest of a lien creditor as 19 defined in s. 679.1021(1)(zz) s. 679.301(3) shall not apply to 20 liens validly perfected prior to October 1, 1988. The notice 21 of lien shall provide the following information: 22 (a) The date of the lien if a security agreement, 23 retain title contract, conditional bill of sale, chattel 24 mortgage, or other similar instrument was executed prior to 25 the filing of the notice of lien; 26 (b) The name and address of the registered owner; 27 (c) A description of the motor vehicle or mobile home, 28 showing the make, type, and vehicle identification number; and 29 (d) The name and address of the lienholder. 30 (3)(a) A person may file a notice of lien with regard 31 to a motor vehicle or mobile home before a security agreement, 69 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 retain title contract, conditional bill of sale, chattel 2 mortgage, or other similar instrument is executed granting a 3 lien, mortgage, or encumbrance on, or a security interest in, 4 such motor vehicle or mobile home. 5 (b) As applied to a determination of the respective 6 rights of a secured party under this chapter and a lien 7 creditor as defined by s. 679.1021(1)(zz) s. 679.301(3), or a 8 nonpossessory statutory lienor, a security interest under this 9 chapter shall be perfected upon the filing of the notice of 10 lien with the department, the county tax collector, or their 11 agents. Provided, however, the date of perfection of a 12 security interest of such secured party shall be the same date 13 as the execution of the security agreement or other similar 14 instrument if the notice of lien is filed in accordance with 15 this subsection within 15 days after the debtor receives 16 possession of the motor vehicle or mobile home and executes 17 such security agreement or other similar instrument. The date 18 of filing of the notice of lien shall be the date of its 19 receipt by the department central office in Tallahassee, if 20 first filed there, or otherwise by the office of the county 21 tax collector, or their agents. 22 Section 60. Paragraph (b) of subsection (1) of section 23 320.06, Florida Statutes, is amended to read: 24 320.06 Registration certificates, license plates, and 25 validation stickers generally.-- 26 (1) 27 (b) Registration license plates bearing a graphic 28 symbol and the alphanumeric system of identification shall be 29 issued for a 5-year period. At the end of said 5-year period, 30 upon renewal, the plate shall be replaced. The fee for such 31 replacement shall be $10, $2 of which shall be paid each year 70 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 before the plate is replaced, to be credited towards the next 2 $10 replacement fee. The fees shall be deposited into the 3 Highway Safety Operating Trust Fund. A credit or refund shall 4 not be given for any prior years' payments of such prorated 5 replacement fee when the plate is replaced or surrendered 6 before the end of the 5-year period, except that a credit may 7 be given when a registrant is required by the department to 8 replace a license plate under s. 320.08056(8)(a). With each 9 license plate, there shall be issued a validation sticker 10 showing the owner's birth month, license plate number, and the 11 year of expiration or the appropriate renewal period if the 12 owner is not a natural person. The validation sticker is to be 13 placed on the upper right corner of the license plate. Such 14 license plate and validation sticker shall be issued based on 15 the applicant's appropriate renewal period. The registration 16 period shall be a period of 12 months, and all expirations 17 shall occur based on the applicant's appropriate registration 18 period. A vehicle with an apportioned registration shall be 19 issued an annual license plate and a cab card that denote the 20 declared gross vehicle weight for each apportioned 21 jurisdiction in which the vehicle is authorized to operate. 22 Section 61. Section 320.0601, Florida Statutes, is 23 amended to read: 24 320.0601 Lease and rental car companies; 25 identification of vehicles as for-hire.-- 26 (1) A rental car company may not rent in this state 27 any for-hire vehicle, other than vehicles designed to 28 transport cargo, that has affixed to its exterior any bumper 29 stickers, insignias, or advertising that identifies the 30 vehicle as a rental vehicle. 31 (2) As used in this section, the term: 71 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (a) "Bumper stickers, insignias, or advertising" does 2 not include: 3 1. Any emblem of no more than two colors which is less 4 than 2 inches by 4 inches, which is placed on the rental car 5 for inventory purposes only, and which does not display the 6 name or logo of the rental car company; or 7 2. Any license required by the law of the state in 8 which the vehicle is registered. 9 (b) "Rent in this state" means to sign a rental 10 contract in this state or to deliver a car to a renter in this 11 state. 12 (3) A rental car company that leases a motor vehicle 13 that is found to be in violation of this section shall be 14 punished by a fine of $500 per occurrence. 15 (4) Any registration or renewal as required under s. 16 320.02 for an original or transfer of a long-term leased motor 17 vehicle must be in the name and address of the lessee. 18 Section 62. Section 320.0605, Florida Statutes, is 19 amended to read: 20 320.0605 Certificate of registration; possession 21 required; exception.--The registration certificate or an 22 official copy thereof, a true copy of a rental or lease 23 agreement issued for a motor vehicle or issued for a 24 replacement vehicle in the same registration period, a 25 temporary receipt printed upon self-initiated electronic 26 renewal of a registration via the Internet, or a cab card 27 issued for a vehicle registered under the International 28 Registration Plan shall, at all times while the vehicle is 29 being used or operated on the roads of this state, be in the 30 possession of the operator thereof or be carried in the 31 vehicle for which issued and shall be exhibited upon demand of 72 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 any authorized law enforcement officer or any agent of the 2 department, except for a vehicle registered under s. 320.0657. 3 The provisions of this section do not apply during the first 4 30 days after purchase of a replacement vehicle. A violation 5 of this section is a noncriminal traffic infraction, 6 punishable as a nonmoving violation as provided in chapter 7 318. 8 Section 63. Section 320.0843, Florida Statutes, is 9 amended to read: 10 320.0843 License plates for persons with disabilities 11 eligible for permanent disabled parking permits.-- 12 (1) Any owner or lessee of a motor vehicle who resides 13 in this state and qualifies for a disabled parking permit 14 under s. 320.0848(2), upon application to the department and 15 payment of the license tax for a motor vehicle registered 16 under s. 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), 17 (6)(a), or (9)(c) or (d), shall be issued a license plate as 18 provided by s. 320.06 which, in lieu of the serial number 19 prescribed by s. 320.06, shall be stamped with the 20 international wheelchair user symbol after the serial number 21 of the license plate. The license plate entitles the person 22 to all privileges afforded by a parking permit issued under s. 23 320.0848. When more that one registrant is listed on the 24 registration issued under this section, the eligible applicant 25 shall be noted on the registration certificate. 26 (2) All applications for such license plates must be 27 made to the department. 28 Section 64. Subsection (8) is added to section 29 320.131, Florida Statutes, to read: 30 320.131 Temporary tags.-- 31 (8) The department may administer an electronic system 73 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 for licensed motor vehicle dealers to use in issuing temporary 2 license plates. Upon issuing a temporary license plate, the 3 dealer shall access the electronic system and enter the 4 appropriate vehicle and owner information within the timeframe 5 specified by department rule. If a dealer fails to comply with 6 the department's requirements for issuing temporary license 7 plates using the electronic system, the department may deny, 8 suspend, or revoke a license under s. 320.27(9)(b)16. upon 9 proof that the licensee has failed to comply with the 10 department's requirements. The department may adopt rules to 11 administer this section. 12 Section 65. Subsection (1) of section 320.18, Florida 13 Statutes, is amended to read: 14 320.18 Withholding registration.-- 15 (1) The department may withhold the registration of 16 any motor vehicle or mobile home the owner of which has failed 17 to register it under the provisions of law for any previous 18 period or periods for which it appears registration should 19 have been made in this state, until the tax for such period or 20 periods is paid. The department may cancel any vehicle or 21 vessel registration, driver's license, identification card, 22 license plate or fuel-use tax decal if the owner pays for the 23 vehicle or vessel registration, driver's license, 24 identification card, or license plate, fuel-use tax decal; 25 pays any administrative, delinquency, or reinstatement fee;, 26 or pays any tax liability, penalty, or interest specified in 27 chapter 207 by a dishonored check, or if the vehicle owner or 28 motor carrier has failed to pay a penalty for a weight or 29 safety violation issued by the Department of Transportation 30 Motor Carrier Compliance Office. The Department of 31 Transportation and the Department of Highway Safety and Motor 74 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 Vehicles may impound any commercial motor vehicle that has a 2 canceled license plate or fuel-use tax decal until the tax 3 liability, penalty, and interest specified in chapter 207, the 4 license tax, or the fuel-use decal fee, and applicable 5 administrative fees have been paid for by certified funds. 6 Section 66. Paragraph (a) of subsection (4), 7 subsection (6), and paragraph (b) of subsection (9) of section 8 320.27, Florida Statutes, are amended to read: 9 320.27 Motor vehicle dealers.-- 10 (4) LICENSE CERTIFICATE.-- 11 (a) A license certificate shall be issued by the 12 department in accordance with such application when the 13 application is regular in form and in compliance with the 14 provisions of this section. The license certificate may be in 15 the form of a document or a computerized card as determined by 16 the department. The actual cost of each original, additional, 17 or replacement computerized card shall be borne by the 18 licensee and is in addition to the fee for licensure. Such 19 license, when so issued, entitles the licensee to carry on and 20 conduct the business of a motor vehicle dealer. Each license 21 issued to a franchise motor vehicle dealer expires annually on 22 December 31 unless revoked or suspended prior to that date. 23 Each license issued to an independent or wholesale dealer or 24 auction expires annually on April 30 unless revoked or 25 suspended prior to that date. Not less than 60 days prior to 26 the license expiration date, the department shall deliver or 27 mail to each licensee the necessary renewal forms. Each 28 independent dealer shall certify that the dealer principal 29 (owner, partner, officer of the corporation, or director) has 30 completed 8 hours of continuing education prior to filing the 31 renewal forms with the department. Such certification shall be 75 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 filed once every 2 years commencing with the 2006 renewal 2 period. The continuing education shall include at least 2 3 hours of legal or legislative issues, 1 hour of department 4 issues, and 5 hours of relevant motor vehicle industry topics. 5 Continuing education shall be provided by dealer schools 6 licensed under paragraph (b) either in a classroom setting or 7 by correspondence. Such schools shall provide certificates of 8 completion to the department and the customer which shall be 9 filed with the license renewal form, and such schools may 10 charge a fee for providing continuing education. Any licensee 11 who does not file his or her application and fees and any 12 other requisite documents, as required by law, with the 13 department at least 30 days prior to the license expiration 14 date shall cease to engage in business as a motor vehicle 15 dealer on the license expiration date. A renewal filed with 16 the department within 45 days after the expiration date shall 17 be accompanied by a delinquent fee of $100. Thereafter, a new 18 application is required, accompanied by the initial license 19 fee. A license certificate duly issued by the department may 20 be modified by endorsement to show a change in the name of the 21 licensee, provided, as shown by affidavit of the licensee, the 22 majority ownership interest of the licensee has not changed or 23 the name of the person appearing as franchisee on the sales 24 and service agreement has not changed. Modification of a 25 license certificate to show any name change as herein provided 26 shall not require initial licensure or reissuance of dealer 27 tags; however, any dealer obtaining a name change shall 28 transact all business in and be properly identified by that 29 name. All documents relative to licensure shall reflect the 30 new name. In the case of a franchise dealer, the name change 31 shall be approved by the manufacturer, distributor, or 76 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 importer. A licensee applying for a name change endorsement 2 shall pay a fee of $25 which fee shall apply to the change in 3 the name of a main location and all additional locations 4 licensed under the provisions of subsection (5). Each initial 5 license application received by the department shall be 6 accompanied by verification that, within the preceding 6 7 months, the applicant, or one or more of his or her designated 8 employees, has attended a training and information seminar 9 conducted by a licensed motor vehicle dealer training school 10 the department. Such seminar shall include, but is not limited 11 to, statutory dealer requirements, which requirements include 12 required bookkeeping and recordkeeping procedures, 13 requirements for the collection of sales and use taxes, and 14 such other information that in the opinion of the department 15 will promote good business practices. No seminar may exceed 8 16 hours in length. 17 (6) RECORDS TO BE KEPT BY LICENSEE.--Every licensee 18 shall keep a book or record in such form as shall be 19 prescribed or approved by the department for a period of 5 20 years, in which the licensee shall keep a record of the 21 purchase, sale, or exchange, or receipt for the purpose of 22 sale, of any motor vehicle, the date upon which any temporary 23 tag was issued, the date of title transfer, and a description 24 of such motor vehicle together with the name and address of 25 the seller, the purchaser, and the alleged owner or other 26 person from whom such motor vehicle was purchased or received 27 or to whom it was sold or delivered, as the case may be. Such 28 description shall include the identification or engine number, 29 maker's number, if any, chassis number, if any, and such other 30 numbers or identification marks as may be thereon and shall 31 also include a statement that a number has been obliterated, 77 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 defaced, or changed, if such is the fact. 2 (9) DENIAL, SUSPENSION, OR REVOCATION.-- 3 (b) The department may deny, suspend, or revoke any 4 license issued hereunder or under the provisions of s. 320.77 5 or s. 320.771 upon proof that a licensee has committed, with 6 sufficient frequency so as to establish a pattern of 7 wrongdoing on the part of a licensee, violations of one or 8 more of the following activities: 9 1. Representation that a demonstrator is a new motor 10 vehicle, or the attempt to sell or the sale of a demonstrator 11 as a new motor vehicle without written notice to the purchaser 12 that the vehicle is a demonstrator. For the purposes of this 13 section, a "demonstrator," a "new motor vehicle," and a "used 14 motor vehicle" shall be defined as under s. 320.60. 15 2. Unjustifiable refusal to comply with a licensee's 16 responsibility under the terms of the new motor vehicle 17 warranty issued by its respective manufacturer, distributor, 18 or importer. However, if such refusal is at the direction of 19 the manufacturer, distributor, or importer, such refusal shall 20 not be a ground under this section. 21 3. Misrepresentation or false, deceptive, or 22 misleading statements with regard to the sale or financing of 23 motor vehicles which any motor vehicle dealer has, or causes 24 to have, advertised, printed, displayed, published, 25 distributed, broadcast, televised, or made in any manner with 26 regard to the sale or financing of motor vehicles. 27 4. Failure by any motor vehicle dealer to provide a 28 customer or purchaser with an odometer disclosure statement 29 and a copy of any bona fide written, executed sales contract 30 or agreement of purchase connected with the purchase of the 31 motor vehicle purchased by the customer or purchaser. 78 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 5. Failure of any motor vehicle dealer to comply with 2 the terms of any bona fide written, executed agreement, 3 pursuant to the sale of a motor vehicle. 4 6. Failure to apply for transfer of a title as 5 prescribed in s. 319.23(6). 6 7. Use of the dealer license identification number by 7 any person other than the licensed dealer or his or her 8 designee. 9 8. Failure to continually meet the requirements of the 10 licensure law. 11 9. Representation to a customer or any advertisement 12 to the public representing or suggesting that a motor vehicle 13 is a new motor vehicle if such vehicle lawfully cannot be 14 titled in the name of the customer or other member of the 15 public by the seller using a manufacturer's statement of 16 origin as permitted in s. 319.23(1). 17 10. Requirement by any motor vehicle dealer that a 18 customer or purchaser accept equipment on his or her motor 19 vehicle which was not ordered by the customer or purchaser. 20 11. Requirement by any motor vehicle dealer that any 21 customer or purchaser finance a motor vehicle with a specific 22 financial institution or company. 23 12. Requirement by any motor vehicle dealer that the 24 purchaser of a motor vehicle contract with the dealer for 25 physical damage insurance. 26 13. Perpetration of a fraud upon any person as a 27 result of dealing in motor vehicles, including, without 28 limitation, the misrepresentation to any person by the 29 licensee of the licensee's relationship to any manufacturer, 30 importer, or distributor. 31 14. Violation of any of the provisions of s. 319.35 by 79 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 any motor vehicle dealer. 2 15. Sale by a motor vehicle dealer of a vehicle 3 offered in trade by a customer prior to consummation of the 4 sale, exchange, or transfer of a newly acquired vehicle to the 5 customer, unless the customer provides written authorization 6 for the sale of the trade-in vehicle prior to delivery of the 7 newly acquired vehicle. 8 16. Willful failure to comply with any administrative 9 rule adopted by the department or the provisions of s. 10 320.131(8). 11 17. Violation of chapter 319, this chapter, or ss. 12 559.901-559.9221, which has to do with dealing in or repairing 13 motor vehicles or mobile homes. Additionally, in the case of 14 used motor vehicles, the willful violation of the federal law 15 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining 16 to the consumer sales window form. 17 Section 67. Subsections (8), (10), and (29) of section 18 322.01, Florida Statutes, are amended to read: 19 322.01 Definitions.--As used in this chapter: 20 (8) "Commercial motor vehicle" means any motor vehicle 21 or motor vehicle combination used on the streets or highways, 22 which: 23 (a) Has a gross vehicle weight rating of 26,001 pounds 24 or more; 25 (b) Has a declared weight of 26,001 pounds or more; 26 (c) Has an actual weight of 26,001 pounds or more; 27 (b)(d) Is designed to transport more than 15 persons, 28 including the driver; or 29 (c)(e) Is transporting hazardous materials and is 30 required to be placarded in accordance with Title 49 C.F.R. 31 part 172, subpart F. 80 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (10)(a) "Conviction" means a conviction of an offense 2 relating to the operation of motor vehicles on highways which 3 is a violation of this chapter or any other such law of this 4 state or any other state, including an admission or 5 determination of a noncriminal traffic infraction pursuant to 6 s. 318.14, or a judicial disposition of an offense committed 7 under any federal law substantially conforming to the 8 aforesaid state statutory provisions. 9 (b) Notwithstanding any other provisions of this 10 chapter, the definition of "conviction" provided in 49 C.F.R. 11 part 383.5 applies to offenses committed in a commercial motor 12 vehicle. 13 (29) "Out-of-service order" means a prohibition issued 14 by an authorized local, state, or Federal Government official 15 which that precludes a person from driving a commercial motor 16 vehicle for a period of 72 hours or less. 17 Section 68. Subsections (4) and (10) of section 18 322.05, Florida Statutes, are amended to read: 19 322.05 Persons not to be licensed.--The department may 20 not issue a license: 21 (4) Except as provided by this subsection, to any 22 person, as a Class A licensee, Class B licensee, or Class C 23 licensee, or Class D licensee, who is under the age of 18 24 years. A person age 16 or 17 years who applies for a Class D 25 driver's license is subject to all the requirements and 26 provisions of paragraphs (2)(a) and (b) and ss. 322.09 and 27 322.16(2) and (3). The department may require of any such 28 applicant for a Class D driver's license such examination of 29 the qualifications of the applicant as the department 30 considers proper, and the department may limit the use of any 31 license granted as it considers proper. 81 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (10) To any person, when the department has good cause 2 to believe that the operation of a motor vehicle on the 3 highways by such person would be detrimental to public safety 4 or welfare. Deafness alone shall not prevent the person 5 afflicted from being issued a Class D or Class E driver's 6 license. 7 Section 69. Paragraph (a) of subsection (1) and 8 paragraphs (b) and (c) of subsection (2) of section 322.051, 9 Florida Statutes, are amended, and subsection (8) is added to 10 that section, to read: 11 322.051 Identification cards.-- 12 (1) Any person who is 12 years of age or older, or any 13 person who has a disability, regardless of age, who applies 14 for a disabled parking permit under s. 320.0848, may be issued 15 an identification card by the department upon completion of an 16 application and payment of an application fee. 17 (a) Each such application shall include the following 18 information regarding the applicant: 19 1. Full name (first, middle or maiden, and last), 20 gender, social security card number, county of residence and 21 mailing address, country of birth, and a brief description. 22 2. Proof of birth date satisfactory to the department. 23 3. Proof of identity satisfactory to the department. 24 Such proof must include one of the following documents issued 25 to the applicant: 26 a. A driver's license record or identification card 27 record from another jurisdiction that required the applicant 28 to submit a document for identification which is substantially 29 similar to a document required under sub-subparagraph b., 30 sub-subparagraph c., sub-subparagraph d., sub-subparagraph e., 31 or sub-subparagraph f., or sub-subparagraph g.; 82 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 b. A certified copy of a United States birth 2 certificate; 3 c. A valid United States passport; 4 d. A naturalization certificate issued by the United 5 States Department of Homeland Security; 6 e.d. An alien registration receipt card (green card); 7 f.e. An employment authorization card issued by the 8 United States Department of Homeland Security; or 9 g.f. Proof of nonimmigrant classification provided by 10 the United States Department of Homeland Security, for an 11 original identification card. In order to prove such 12 nonimmigrant classification, applicants may produce but are 13 not limited to the following documents: 14 (I) A notice of hearing from an immigration court 15 scheduling a hearing on any proceeding. 16 (II) A notice from the Board of Immigration Appeals 17 acknowledging pendency of an appeal. 18 (III) Notice of the approval of an application for 19 adjustment of status issued by the United States Bureau of 20 Citizenship and Immigration Services. 21 (IV) Any official documentation confirming the filing 22 of a petition for asylum status or any other relief issued by 23 the United States Bureau of Citizenship and Immigration 24 Services. 25 (V) Notice of action transferring any pending matter 26 from another jurisdiction to Florida, issued by the United 27 States Bureau of Citizenship and Immigration Services. 28 (VI) Order of an immigration judge or immigration 29 officer granting any relief that authorizes the alien to live 30 and work in the United States including, but not limited to 31 asylum. 83 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 2 Presentation of any of the foregoing documents described in 3 sub-subparagraph f. or sub-subparagraph g. entitles shall 4 entitle the applicant to an identification card a driver's 5 license or temporary permit for a period not to exceed the 6 expiration date of the document presented or 2 years, 7 whichever first occurs. 8 (2) 9 (b) Notwithstanding any other provision of this 10 chapter, if an applicant establishes his or her identity for 11 an identification card using a document authorized under 12 sub-subparagraph (1)(a)3.e. (1)(a)3.d., the identification 13 card shall expire on the fourth birthday of the applicant 14 following the date of original issue or upon first renewal or 15 duplicate issued after implementation of this section. After 16 an initial showing of such documentation, he or she is 17 exempted from having to renew or obtain a duplicate in person. 18 (c) Notwithstanding any other provisions of this 19 chapter, if an applicant establishes his or her identity for 20 an identification card using an identification document 21 authorized under sub-subparagraph (1)(a)3.f. or 22 sub-subparagraph (1)(a)3.g. sub-subparagraphs (1)(a)3.e.-f., 23 the identification card shall expire 2 years after the date of 24 issuance or upon the expiration date cited on the United 25 States Department of Homeland Security documents, whichever 26 date first occurs, and may not be renewed or obtain a 27 duplicate except in person. 28 (8) The department shall, upon receipt of the required 29 fee, issue to each qualified applicant for an identification 30 card a color photographic or digital image identification card 31 bearing a fullface photograph or digital image of the 84 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 identification cardholder. Notwithstanding chapter 761 or s. 2 761.05, the requirement for a fullface photograph or digital 3 image of the identification cardholder may not be waived. A 4 space shall be provided upon which the identification 5 cardholder shall affix his or her usual signature, as required 6 in s. 322.14, in the presence of an authorized agent of the 7 department so as to ensure that such signature becomes a part 8 of the identification card. 9 Section 70. Subsections (2) and (3) of section 322.07, 10 Florida Statutes, are amended to read: 11 322.07 Instruction permits and temporary licenses.-- 12 (2) The department may, in its discretion, issue a 13 temporary permit to an applicant for a Class D or Class E 14 driver's license permitting him or her to operate a motor 15 vehicle of the type for which a Class D or Class E driver's 16 license is required while the department is completing its 17 investigation and determination of all facts relative to such 18 applicant's right to receive a driver's license. Such permit 19 must be in his or her immediate possession while operating a 20 motor vehicle, and it shall be invalid when the applicant's 21 license has been issued or for good cause has been refused. 22 (3) Any person who, except for his or her lack of 23 instruction in operating a Class D or commercial motor 24 vehicle, would otherwise be qualified to obtain a Class D or 25 commercial driver's license under this chapter, may apply for 26 a temporary Class D or temporary commercial instruction 27 permit. The department shall issue such a permit entitling the 28 applicant, while having the permit in his or her immediate 29 possession, to drive a Class D or commercial motor vehicle on 30 the highways, provided that: 31 (a) The applicant possesses a valid driver's license 85 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 issued in any state; and 2 (b) The applicant, while operating a Class D or 3 commercial motor vehicle, is accompanied by a licensed driver 4 who is 21 years of age or older, who is licensed to operate 5 the class of vehicle being operated, and who is actually 6 occupying the closest seat to the right of the driver. 7 Section 71. Subsection (2) of section 322.08, Florida 8 Statutes, is amended to read: 9 322.08 Application for license.-- 10 (2) Each such application shall include the following 11 information regarding the applicant: 12 (a) Full name (first, middle or maiden, and last), 13 gender, social security card number, county of residence and 14 mailing address, country of birth, and a brief description. 15 (b) Proof of birth date satisfactory to the 16 department. 17 (c) Proof of identity satisfactory to the department. 18 Such proof must include one of the following documents issued 19 to the applicant: 20 1. A driver's license record or identification card 21 record from another jurisdiction that required the applicant 22 to submit a document for identification which is substantially 23 similar to a document required under subparagraph 2., 24 subparagraph 3., subparagraph 4., subparagraph 5., or 25 subparagraph 6., or subparagraph 7.; 26 2. A certified copy of a United States birth 27 certificate; 28 3. A valid United States passport; 29 4. A naturalization certificate issued by the United 30 States Department of Homeland Security; 31 5.4. An alien registration receipt card (green card); 86 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 6.5. An employment authorization card issued by the 2 United States Department of Homeland Security; or 3 7.6. Proof of nonimmigrant classification provided by 4 the United States Department of Homeland Security, for an 5 original driver's license. In order to prove nonimmigrant 6 classification, an applicant may produce the following 7 documents, including, but not limited to: 8 a. A notice of hearing from an immigration court 9 scheduling a hearing on any proceeding. 10 b. A notice from the Board of Immigration Appeals 11 acknowledging pendency of an appeal. 12 c. A notice of the approval of an application for 13 adjustment of status issued by the United States Immigration 14 and Naturalization Service. 15 d. Any official documentation confirming the filing of 16 a petition for asylum status or any other relief issued by the 17 United States Immigration and Naturalization Service. 18 e. A notice of action transferring any pending matter 19 from another jurisdiction to this state issued by the United 20 States Immigration and Naturalization Service. 21 f. An order of an immigration judge or immigration 22 officer granting any relief that authorizes the alien to live 23 and work in the United States, including, but not limited to, 24 asylum. 25 26 Presentation of any of the documents in subparagraph 6. or 27 subparagraph 7. entitles the applicant to a driver's license 28 or temporary permit for a period not to exceed the expiration 29 date of the document presented or 2 years, whichever occurs 30 first. 31 (d) Whether the applicant has previously been licensed 87 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 to drive, and, if so, when and by what state, and whether any 2 such license or driving privilege has ever been disqualified, 3 revoked, or suspended, or whether an application has ever been 4 refused, and, if so, the date of and reason for such 5 disqualification, suspension, revocation, or refusal. 6 (e) Each such application may include fingerprints and 7 other unique biometric means of identity. 8 Section 72. Paragraph (a) of subsection (1) of section 9 322.09, Florida Statutes, is amended to read: 10 322.09 Application of minors; responsibility for 11 negligence or misconduct of minor.-- 12 (1)(a) The application of any person under the age of 13 18 years for a driver's license must be signed and verified 14 before a person authorized to administer oaths by the father, 15 mother, or guardian; by a secondary guardian if the primary 16 guardian dies before the minor reaches 18 years of age;, or, 17 if there is no parent or guardian, by another responsible 18 adult who is willing to assume the obligation imposed under 19 this chapter upon a person signing the application of a minor. 20 This section does not apply to a person under the age of 18 21 years who is emancipated by marriage. 22 Section 73. Section 322.11, Florida Statutes, is 23 amended to read: 24 322.11 Revocation of license upon death of person 25 signing minor's application.--The department, upon receipt of 26 satisfactory evidence of the death of the person who signed 27 the application of a minor for a license, shall, 90 days after 28 giving written notice to the minor, cancel such license and 29 may shall not issue a new license until such time as the new 30 application, duly signed and verified, is made as required by 31 this chapter. This provision does shall not apply if in the 88 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 event the minor has attained the age of 18 years. 2 Section 74. Subsection (3) of section 322.12, Florida 3 Statutes, is amended to read: 4 322.12 Examination of applicants.-- 5 (3) For an applicant for a Class D or a Class E 6 driver's license, such examination shall include a test of the 7 applicant's eyesight given by the driver's license examiner 8 designated by the department or by a licensed ophthalmologist, 9 optometrist, or physician and a test of the applicant's 10 hearing given by a driver's license examiner or a licensed 11 physician. The examination shall also include a test of the 12 applicant's ability to read and understand highway signs 13 regulating, warning, and directing traffic; his or her 14 knowledge of the traffic laws of this state, including laws 15 regulating driving under the influence of alcohol or 16 controlled substances, driving with an unlawful blood-alcohol 17 level, and driving while intoxicated; and his or her knowledge 18 of the effects of alcohol and controlled substances upon 19 persons and the dangers of driving a motor vehicle while under 20 the influence of alcohol or controlled substances and shall 21 include an actual demonstration of ability to exercise 22 ordinary and reasonable control in the operation of a motor 23 vehicle. 24 Section 75. Subsections (1) and (4) of section 25 322.135, Florida Statutes, are amended, and subsection (9) is 26 added to that section, to read: 27 322.135 Driver's license agents.-- 28 (1) The department may, upon application, authorize 29 any or all of the tax collectors in the several counties of 30 the state, subject to the requirements of law, in accordance 31 with rules of the department, to serve as its agent for the 89 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 provision of specified driver's license services. 2 (a) These services shall be limited to the issuance of 3 driver's licenses and identification cards as authorized by 4 this chapter. 5 (b) Each tax collector who is authorized by the 6 department to provide driver's license services shall bear all 7 costs associated with providing those services. 8 (c) A fee of $5.25 is to be charged, in addition to 9 the fees set forth in this chapter, for any driver's license 10 issued or renewed by a tax collector. One dollar of the $5.25 11 fee must be deposited into the Highway Safety Operating Trust 12 Fund. 13 (4) A tax collector may not issue or renew a driver's 14 license if he or she has any reason to believe that the 15 licensee or prospective licensee is physically or mentally 16 unqualified to operate a motor vehicle. The tax collector may 17 shall direct any such licensee to the department for 18 examination or reexamination under s. 322.221. 19 (9) Notwithstanding chapter 116, each county officer 20 within this state who is authorized to collect funds provided 21 for in this chapter shall pay all sums officially received by 22 the officer into the State Treasury no later than 5 working 23 days after the close of the business day in which the officer 24 received the funds. Payment by county officers to the state 25 shall be made by means of electronic funds transfers. 26 Section 76. Subsection (1) of section 322.142, Florida 27 Statutes, is amended to read: 28 322.142 Color photographic or digital imaged 29 licenses.-- 30 (1) The department shall, upon receipt of the required 31 fee, issue to each qualified applicant for a an original 90 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 driver's license a color photographic or digital imaged 2 driver's license bearing a fullface photograph or digital 3 image of the licensee. Notwithstanding chapter 761 or s. 4 761.05, the requirement for a fullface photograph or digital 5 image of the licensee may not be waived. A space shall be 6 provided upon which the licensee shall affix his or her usual 7 signature, as required in s. 322.14, in the presence of an 8 authorized agent of the department so as to ensure that such 9 signature becomes a part of the license. 10 Section 77. Paragraph (a) of subsection (1) and 11 subsection (2) of section 322.161, Florida Statutes, are 12 amended to read: 13 322.161 High-risk drivers; restricted licenses.-- 14 (1)(a) Notwithstanding any provision of law to the 15 contrary, the department shall restrict the driving privilege 16 of any Class D or Class E licensee who is age 15 through 17 17 and who has accumulated six or more points pursuant to s. 18 318.14, excluding parking violations, within a 12-month 19 period. 20 (2)(a) Any Class E licensee who is age 15 through 17 21 and who has accumulated six or more points pursuant to s. 22 318.14, excluding parking violations, within a 12-month period 23 shall not be eligible to obtain a Class D license for a period 24 of no less than 1 year. The period of ineligibility shall 25 begin on the date of conviction for the violation that results 26 in the licensee's accumulation of six or more points. 27 (b) The period of ineligibility shall automatically 28 expire after 1 year if the licensee does not accumulate any 29 additional points. If the licensee accumulates any additional 30 points, then the period of ineligibility shall be extended 90 31 days for each point. The period of ineligibility shall also 91 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 automatically expire upon the licensee's 18th birthday if no 2 other grounds for ineligibility exist. 3 Section 78. Subsection (3) of section 322.17, Florida 4 Statutes, is amended to read: 5 322.17 Duplicate and replacement certificates.-- 6 (3) Notwithstanding any other provisions of this 7 chapter, if a licensee establishes his or her identity for a 8 driver's license using an identification document authorized 9 under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the 10 licensee may not obtain a duplicate or replacement instruction 11 permit or driver's license except in person and upon 12 submission of an identification document authorized under s. 13 322.08(2)(c)6. or 7 s. 322.08(2)(c)5.-6. 14 Section 79. Subsections (2) and (4) of section 322.18, 15 Florida Statutes, are amended to read: 16 322.18 Original applications, licenses, and renewals; 17 expiration of licenses; delinquent licenses.-- 18 (2) Each applicant who is entitled to the issuance of 19 a driver's license, as provided in this section, shall be 20 issued a driver's license, as follows: 21 (a) An applicant applying for an original issuance 22 shall be issued a driver's license which expires at midnight 23 on the licensee's birthday which next occurs on or after the 24 sixth anniversary of the date of issue. 25 (b) An applicant applying for a renewal issuance or 26 renewal extension shall be issued a driver's license or 27 renewal extension sticker which expires at midnight on the 28 licensee's birthday which next occurs 4 years after the month 29 of expiration of the license being renewed, except that a 30 driver whose driving record reflects no convictions for the 31 preceding 3 years shall be issued a driver's license or 92 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 renewal extension sticker which expires at midnight on the 2 licensee's birthday which next occurs 6 years after the month 3 of expiration of the license being renewed. 4 (c) Notwithstanding any other provision of this 5 chapter, if an applicant establishes his or her identity for a 6 driver's license using a document authorized under s. 7 322.08(2)(c)5. s. 322.08(2)(c)4., the driver's license shall 8 expire in accordance with paragraph (b). After an initial 9 showing of such documentation, he or she is exempted from 10 having to renew or obtain a duplicate in person. 11 (d) Notwithstanding any other provision of this 12 chapter, if applicant establishes his or her identity for a 13 driver's license using a document authorized in s. 14 322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the driver's 15 license shall expire 2 4 years after the date of issuance or 16 upon the expiration date cited on the United States Department 17 of Homeland Security documents, whichever date first occurs. 18 (e) Notwithstanding any other provision of this 19 chapter, an applicant applying for an original or renewal 20 issuance of a commercial driver's license as defined in s. 21 322.01(7), with a hazardous-materials endorsement, pursuant to 22 s. 322.57(1)(e), shall be issued a driver's license that 23 expires at midnight on the licensee's birthday that next 24 occurs 4 years after the month of expiration of the license 25 being issued or renewed. 26 (4)(a) Except as otherwise provided in this chapter, 27 all licenses shall be renewable every 4 years or 6 years, 28 depending upon the terms of issuance and shall be issued or 29 extended upon application, payment of the fees required by s. 30 322.21, and successful passage of any required examination, 31 unless the department has reason to believe that the licensee 93 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 is no longer qualified to receive a license. 2 (b) Notwithstanding any other provision of this 3 chapter, if an applicant establishes his or her identity for a 4 driver's license using a document authorized under s. 5 322.08(2)(c)5. s. 322.08(2)(c)4., the license, upon an initial 6 showing of such documentation, is exempted from having to 7 renew or obtain a duplicate in person, unless the renewal or 8 duplication coincides with the periodic reexamination of a 9 driver as required pursuant to s. 322.121. 10 (c) Notwithstanding any other provision of this 11 chapter, if a licensee establishes his or her identity for a 12 driver's license using an identification document authorized 13 under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the 14 licensee may not renew the driver's license except in person 15 and upon submission of an identification document authorized 16 under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's 17 license renewed under this paragraph expires 4 years after the 18 date of issuance or upon the expiration date cited on the 19 United States Department of Homeland Security documents, 20 whichever date first occurs. 21 Section 80. Subsection (4) of section 322.19, Florida 22 Statutes, is amended to read: 23 322.19 Change of address or name.-- 24 (4) Notwithstanding any other provision of this 25 chapter, if a licensee established his or her identity for a 26 driver's license using an identification document authorized 27 under s. 322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the 28 licensee may not change his or her name or address except in 29 person and upon submission of an identification document 30 authorized under s. 322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. 31 Section 81. Subsection (1) of section 322.21, Florida 94 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 Statutes, is amended to read: 2 322.21 License fees; procedure for handling and 3 collecting fees.-- 4 (1) Except as otherwise provided herein, the fee for: 5 (a) An original or renewal commercial driver's license 6 is $50, which shall include the fee for driver education 7 provided by s. 1003.48; however, if an applicant has completed 8 training and is applying for employment or is currently 9 employed in a public or nonpublic school system that requires 10 the commercial license, the fee shall be the same as for a 11 Class E driver's license. A delinquent fee of $1 shall be 12 added for a renewal made not more than 12 months after the 13 license expiration date. 14 (b) An original Class D or Class E driver's license is 15 $20, which shall include the fee for driver's education 16 provided by s. 1003.48; however, if an applicant has completed 17 training and is applying for employment or is currently 18 employed in a public or nonpublic school system that requires 19 a commercial driver license, the fee shall be the same as for 20 a Class E license. 21 (c) The renewal or extension of a Class D or Class E 22 driver's license or of a license restricted to motorcycle use 23 only is $15, except that a delinquent fee of $1 shall be added 24 for a renewal or extension made not more than 12 months after 25 the license expiration date. The fee provided in this 26 paragraph shall include the fee for driver's education 27 provided by s. 1003.48. 28 (d) An original driver's license restricted to 29 motorcycle use only is $20, which shall include the fee for 30 driver's education provided by s. 1003.48. 31 (e) Each endorsement required by s. 322.57 is $5. 95 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (f) A hazardous-materials endorsement, as required by 2 s. 322.57(1)(d), shall be set by the department by rule and 3 shall reflect the cost of the required criminal history check, 4 including the cost of the state and federal fingerprint check, 5 and the cost to the department of providing and issuing the 6 license. The fee shall not exceed $100. This fee shall be 7 deposited in the Highway Safety Operating Trust Fund. The 8 department may adopt rules to administer this section. 9 Section 82. Present subsection (7) of section 322.212, 10 Florida Statutes, is redesignated as subsection (8), and a new 11 subsection (7) is added to that section, to read: 12 322.212 Unauthorized possession of, and other unlawful 13 acts in relation to, driver's license or identification 14 card.-- 15 (7) In addition to any other penalties provided by 16 this section, any person who provides false information when 17 applying for a commercial driver's license shall be 18 disqualified from operating a commercial motor vehicle for a 19 period of 60 days. 20 Section 83. Subsection (1) of section 322.22, Florida 21 Statutes, is amended to read: 22 322.22 Authority of department to cancel license.-- 23 (1) The department is authorized to cancel any 24 driver's license, upon determining that the licensee was not 25 entitled to the issuance thereof, or that the licensee failed 26 to give the required or correct information in his or her 27 application or committed any fraud in making such application, 28 or that the licensee has two or more licenses on file with the 29 department, each in a different name but bearing the 30 photograph of the licensee, unless the licensee has complied 31 with the requirements of this chapter in obtaining the 96 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 licenses. The department may cancel any driver's license, 2 identification card, vehicle or vessel registration, or 3 fuel-use decal if the licensee fails to pay the correct fee or 4 pays for the driver's license, identification card, vehicle 5 or vessel registration, or fuel-use decal; pays any tax 6 liability, penalty, or interest specified in chapter 207; or 7 pays any administrative, delinquency, or reinstatement fee by 8 a dishonored check. 9 Section 84. Subsections (4) and (5) of section 10 322.251, Florida Statutes, are amended to read: 11 322.251 Notice of cancellation, suspension, 12 revocation, or disqualification of license.-- 13 (4) A person whose privilege to operate a commercial 14 motor vehicle is temporarily disqualified may, upon 15 surrendering his or her commercial driver's license, be issued 16 a Class D or Class E driver's license, valid for the length of 17 his or her unexpired commercial driver's license, at no cost. 18 Such person may, upon the completion of his or her 19 disqualification, be issued a commercial driver's license, of 20 the type disqualified, for the remainder of his or her 21 unexpired license period. Any such person shall pay the 22 reinstatement fee provided in s. 322.21 before being issued a 23 commercial driver's license. 24 (5) A person whose privilege to operate a commercial 25 motor vehicle is permanently disqualified may, upon 26 surrendering his or her commercial driver's license, be issued 27 a Class D or Class E driver's license, if he or she is 28 otherwise qualified to receive such license. Any such person 29 shall be issued a Class D or Class E license, valid for the 30 remainder of his or her unexpired license period, at no cost. 31 Section 85. Subsections (1), (7), (10), and (11) of 97 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 section 322.2615, Florida Statutes, are amended to read: 2 322.2615 Suspension of license; right to review.-- 3 (1)(a) A law enforcement officer or correctional 4 officer shall, on behalf of the department, suspend the 5 driving privilege of a person who has been arrested by a law 6 enforcement officer for a violation of s. 316.193, relating to 7 unlawful blood-alcohol level or breath-alcohol level, or of a 8 person who has refused to submit to a breath, urine, or blood 9 test authorized by s. 316.1932. The officer shall take the 10 person's driver's license and issue the person a 10-day 11 temporary permit if the person is otherwise eligible for the 12 driving privilege and shall issue the person a notice of 13 suspension. If a blood test has been administered, the results 14 of which are not available to the officer at the time of the 15 arrest, the agency employing the officer shall transmit such 16 results to the department within 5 days after receipt of the 17 results. If the department then determines that the person 18 was arrested for a violation of s. 316.193 and that the person 19 had a blood-alcohol level or breath-alcohol level of 0.08 or 20 higher, the department shall suspend the person's driver's 21 license pursuant to subsection (3). 22 (b) The suspension under paragraph (a) shall be 23 pursuant to, and the notice of suspension shall inform the 24 driver of, the following: 25 1.a. The driver refused to submit to a lawful breath, 26 blood, or urine test and his or her driving privilege is 27 suspended for a period of 1 year for a first refusal or for a 28 period of 18 months if his or her driving privilege has been 29 previously suspended as a result of a refusal to submit to 30 such a test; or 31 b. The driver violated s. 316.193 by driving with an 98 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 unlawful blood-alcohol level or breath-alcohol level as 2 provided in that section and his or her driving privilege is 3 suspended for a period of 6 months for a first offense or for 4 a period of 1 year if his or her driving privilege has been 5 previously suspended for a violation of s. 316.193. 6 2. The suspension period shall commence on the date of 7 arrest or issuance of the notice of suspension, whichever is 8 later. 9 3. The driver may request a formal or informal review 10 of the suspension by the department within 10 days after the 11 date of arrest or issuance of the notice of suspension, 12 whichever is later. 13 4. The temporary permit issued at the time of arrest 14 will expire at midnight of the 10th day following the date of 15 arrest or issuance of the notice of suspension, whichever is 16 later. 17 5. The driver may submit to the department any 18 materials relevant to the arrest. 19 (7) In a formal review hearing under subsection (6) or 20 an informal review hearing under subsection (4), the hearing 21 officer shall determine by a preponderance of the evidence 22 whether sufficient cause exists to sustain, amend, or 23 invalidate the suspension. The scope of the review shall be 24 limited to the following issues: 25 (a) If the license was suspended for driving with an 26 unlawful blood-alcohol level or breath-alcohol level in 27 violation of s. 316.193: 28 1. Whether the arresting law enforcement officer had 29 probable cause to believe that the person was driving or in 30 actual physical control of a motor vehicle in this state while 31 under the influence of alcoholic beverages or controlled 99 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 substances. 2 2. Whether the person was placed under lawful arrest 3 for a violation of s. 316.193. 4 3. Whether the person had an unlawful blood-alcohol 5 level or breath-alcohol level as provided in s. 316.193. 6 (b) If the license was suspended for refusal to submit 7 to a breath, blood, or urine test: 8 1. Whether the arresting law enforcement officer had 9 probable cause to believe that the person was driving or in 10 actual physical control of a motor vehicle in this state while 11 under the influence of alcoholic beverages or controlled 12 substances. 13 2. Whether the person was placed under lawful arrest 14 for a violation of s. 316.193. 15 3. Whether the person refused to submit to any such 16 test after being requested to do so by a law enforcement 17 officer or correctional officer. 18 4. Whether the person was told that if he or she 19 refused to submit to such test his or her privilege to operate 20 a motor vehicle would be suspended for a period of 1 year or, 21 in the case of a second or subsequent refusal, for a period of 22 18 months. 23 (10) A person whose driver's license is suspended 24 under subsection (1) or subsection (3) may apply for issuance 25 of a license for business or employment purposes only if the 26 person is otherwise eligible for the driving privilege 27 pursuant to s. 322.271. 28 (a) If the suspension of the driver's license of the 29 person for failure to submit to a breath, urine, or blood test 30 is sustained, the person is not eligible to receive a license 31 for business or employment purposes only, pursuant to s. 100 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 322.271, until 90 days have elapsed after the expiration of 2 the last temporary permit issued. If the driver is not issued 3 a 10-day permit pursuant to this section or s. 322.64 because 4 he or she is ineligible for the permit and the suspension for 5 failure to submit to a breath, urine, or blood test is not 6 invalidated by the department, the driver is not eligible to 7 receive a business or employment license pursuant to s. 8 322.271 until 90 days have elapsed from the date of the 9 suspension. 10 (b) If the suspension of the driver's license of the 11 person arrested for a violation of s. 316.193, relating to 12 unlawful blood-alcohol level, or breath-alcohol level is 13 sustained, the person is not eligible to receive a license for 14 business or employment purposes only pursuant to s. 322.271 15 until 30 days have elapsed after the expiration of the last 16 temporary permit issued. If the driver is not issued a 10-day 17 permit pursuant to this section or s. 322.64 because he or she 18 is ineligible for the permit and the suspension for a 19 violation of s. 316.193, relating to unlawful blood-alcohol 20 level, is not invalidated by the department, the driver is not 21 eligible to receive a business or employment license pursuant 22 to s. 322.271 until 30 days have elapsed from the date of the 23 arrest. 24 (11) The formal review hearing may be conducted upon a 25 review of the reports of a law enforcement officer or a 26 correctional officer, including documents relating to the 27 administration of a breath test or blood test or the refusal 28 to take either test or the refusal to take a urine test. 29 However, as provided in subsection (6), the driver may 30 subpoena the officer or any person who administered or 31 analyzed a breath or blood test. 101 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 Section 86. Paragraph (d) of subsection (3) of section 2 322.27, Florida Statutes, is amended to read: 3 322.27 Authority of department to suspend or revoke 4 license.-- 5 (3) There is established a point system for evaluation 6 of convictions of violations of motor vehicle laws or 7 ordinances, and violations of applicable provisions of s. 8 403.413(6)(b) when such violations involve the use of motor 9 vehicles, for the determination of the continuing 10 qualification of any person to operate a motor vehicle. The 11 department is authorized to suspend the license of any person 12 upon showing of its records or other good and sufficient 13 evidence that the licensee has been convicted of violation of 14 motor vehicle laws or ordinances, or applicable provisions of 15 s. 403.413(6)(b), amounting to 12 or more points as determined 16 by the point system. The suspension shall be for a period of 17 not more than 1 year. 18 (d) The point system shall have as its basic element a 19 graduated scale of points assigning relative values to 20 convictions of the following violations: 21 1. Reckless driving, willful and wanton--4 points. 22 2. Leaving the scene of a crash resulting in property 23 damage of more than $50--6 points. 24 3. Unlawful speed resulting in a crash--6 points. 25 4. Passing a stopped school bus--4 points. 26 5. Unlawful speed: 27 a. Not in excess of 15 miles per hour of lawful or 28 posted speed--3 points. 29 b. In excess of 15 miles per hour of lawful or posted 30 speed--4 points. 31 6. All other moving violations (including parking on a 102 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 highway outside the limits of a municipality)--3 points. 2 However, no points shall be imposed for a violation of s. 3 316.0741 or s. 316.2065(12). 4 7. Any moving violation covered above, excluding 5 unlawful speed, resulting in a crash--4 points. 6 8. Any conviction under s. 403.413(6)(b) s. 7 403.413(5)(b)--3 points. 8 9. Any conviction under s. 316.0775(2)--4 points. 9 Section 87. Section 322.30, Florida Statutes, is 10 amended to read: 11 322.30 No operation under foreign license during 12 suspension, revocation, or disqualification in this state.-- 13 (1) Any resident or nonresident whose driver's license 14 or right or privilege to operate a motor vehicle in this state 15 has been suspended, revoked, or disqualified as provided in 16 this chapter, shall not operate a motor vehicle in this state 17 under a license, permit, or registration certificate issued by 18 any other jurisdiction or otherwise during such suspension, 19 revocation, or disqualification until a new license is 20 obtained. 21 (2) Notwithstanding subsection (1), any commercial 22 motor vehicle operator whose privilege to operate such vehicle 23 is disqualified may operate a motor vehicle in this state as a 24 Class D or Class E licensee, if authorized by this chapter. 25 Section 88. Paragraph (b) of subsection (2) and 26 subsections (4), (5), and (6) of section 322.53, Florida 27 Statutes, are amended to read: 28 322.53 License required; exemptions.-- 29 (2) The following persons are exempt from the 30 requirement to obtain a commercial driver's license: 31 (b) Military personnel driving military vehicles 103 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 operated for military purposes. 2 (4) A resident who is exempt from obtaining a 3 commercial driver's license pursuant to paragraph (2)(a) or 4 paragraph (2)(c) and who drives a commercial motor vehicle 5 must obtain a Class D driver's license endorsed to authorize 6 the operation of the particular type of vehicle for which his 7 or her exemption is granted. 8 (4)(5) A resident who is exempt from obtaining a 9 commercial driver's license pursuant to paragraph (2)(b), 10 paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may 11 drive a commercial motor vehicle pursuant to the exemption 12 granted in paragraph (2)(b), paragraph (2)(d), paragraph 13 (2)(e), or paragraph (2)(f) if he or she possesses a valid 14 Class D or Class E driver's license or a military license. 15 (5)(6) The department shall adopt rules and enter into 16 necessary agreements with other jurisdictions to provide for 17 the operation of commercial vehicles by nonresidents pursuant 18 to the exemption granted in subsection (2). 19 Section 89. Subsection (2) of section 322.54, Florida 20 Statutes, is amended to read: 21 322.54 Classification.-- 22 (2) The department shall issue, pursuant to the 23 requirements of this chapter, drivers' licenses in accordance 24 with the following classifications: 25 (a) Any person who drives a motor vehicle combination 26 having a gross vehicle weight rating, a declared weight, or an 27 actual weight, whichever is greatest, of 26,001 pounds or more 28 must possess a valid Class A driver's license, provided the 29 gross vehicle weight rating, declared weight, or actual 30 weight, whichever is greatest, of the vehicle being towed is 31 more than 10,000 pounds. Any person who possesses a valid 104 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 Class A driver's license may, subject to the appropriate 2 restrictions and endorsements, drive any class of motor 3 vehicle within this state. 4 (b) Any person, except a person who possesses a valid 5 Class A driver's license, who drives a motor vehicle having a 6 gross vehicle weight rating, a declared weight, or an actual 7 weight, whichever is greatest, of 26,001 pounds or more must 8 possess a valid Class B driver's license. Any person, except 9 a person who possesses a valid Class A driver's license, who 10 drives such vehicle towing a vehicle having a gross vehicle 11 weight rating, a declared weight, or an actual weight, 12 whichever is greatest, of 10,000 pounds or less must possess a 13 valid Class B driver's license. Any person who possesses a 14 valid Class B driver's license may, subject to the appropriate 15 restrictions and endorsements, drive any class of motor 16 vehicle, other than the type of motor vehicle for which a 17 Class A driver's license is required, within this state. 18 (c) Any person, except a person who possesses a valid 19 Class A or a valid Class B driver's license, who drives a 20 motor vehicle combination having a gross vehicle weight 21 rating, a declared weight, or an actual weight, whichever is 22 greatest, of 26,001 pounds or more must possess a valid Class 23 C driver's license. Any person, except a person who possesses 24 a valid Class A or a valid Class B driver's license, who 25 drives a motor vehicle combination having a gross vehicle 26 weight rating, a declared weight, or an actual weight, 27 whichever is greatest, of less than 26,001 pounds and who is 28 required to obtain an endorsement pursuant to paragraph 29 (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), 30 or paragraph (1)(e) of s. 322.57, must possess a valid Class C 31 driver's license that is clearly restricted to the operation 105 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 of a motor vehicle or motor vehicle combination of less than 2 26,001 pounds. Any person who possesses a valid Class C 3 driver's license may, subject to the appropriate restrictions 4 and endorsements, drive any class of motor vehicle, other than 5 the type of motor vehicle for which a Class A or a Class B 6 driver's license is required, within this state. 7 (d) Any person, except a person who possesses a valid 8 Class A, valid Class B, or valid Class C driver's license, who 9 drives a truck or a truck tractor having a gross vehicle 10 weight rating, a declared weight, or an actual weight, 11 whichever is greatest, of 8,000 pounds or more but less than 12 26,001 pounds, or which has a width of more than 80 inches 13 must possess a valid Class D driver's license. Any person who 14 possesses a valid Class D driver's license may, subject to the 15 appropriate restrictions and endorsements, drive any type of 16 motor vehicle, other than the type of motor vehicle for which 17 a Class A, Class B, or Class C driver's license is required, 18 within this state. 19 (d)(e) Any person, except a person who possesses a 20 valid Class A, valid Class B, or valid Class C, or valid Class 21 D driver's license, who drives a motor vehicle must possess a 22 valid Class E driver's license. Any person who possesses a 23 valid Class E driver's license may, subject to the appropriate 24 restrictions and endorsements, drive any type of motor 25 vehicle, other than the type of motor vehicle for which a 26 Class A, Class B, or Class C, or Class D driver's license is 27 required, within this state. 28 Section 90. Subsections (1) and (2) of section 322.57, 29 Florida Statutes, are amended to read: 30 322.57 Tests of knowledge concerning specified 31 vehicles; endorsement; nonresidents; violations.-- 106 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (1) In addition to fulfilling any other driver's 2 licensing requirements of this chapter, a person who: 3 (a) Drives a double or triple trailer must 4 successfully complete a test of his or her knowledge 5 concerning the safe operation of such vehicles. 6 (b) Drives a passenger vehicle must successfully 7 complete a test of his or her knowledge concerning the safe 8 operation of such vehicles and a test of his or her driving 9 skill in such a vehicle. 10 (c) Drives a school bus must successfully complete a 11 test of his or her knowledge concerning the safe operation of 12 such vehicles and a test of his or her driving skill in such a 13 vehicle. This subsection shall be implemented in accordance 14 with 49 C.F.R. part 383.123. 15 (d)(c) Drives a tank vehicle must successfully 16 complete a test of his or her knowledge concerning the safe 17 operation of such vehicles. 18 (e)(d) Drives a vehicle that transports hazardous 19 materials and that is required to be placarded in accordance 20 with Title 49 C.F.R. part 172, subpart F, must successfully 21 complete a test of his or her knowledge concerning the safe 22 operation of such vehicles. Knowledge tests for 23 hazardous-materials endorsements may not be administered 24 orally for individuals applying for an initial 25 hazardous-materials endorsement after June 30, 1994. 26 (f)(e) Operates a tank vehicle transporting hazardous 27 materials must successfully complete the tests required in 28 paragraphs (d) (c) and (e) (d) so that the department may 29 issue a single endorsement permitting him or her to operate 30 such tank vehicle. 31 (g)(f) Drives a motorcycle must successfully complete 107 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 a test of his or her knowledge concerning the safe operation 2 of such vehicles and a test of his or her driving skills on 3 such vehicle. A person who successfully completes such tests 4 shall be issued an endorsement if he or she is licensed to 5 drive another type of motor vehicle. A person who 6 successfully completes such tests and who is not licensed to 7 drive another type of motor vehicle shall be issued a Class E 8 driver's license that is clearly restricted to motorcycle use 9 only. 10 (2) Before driving or operating any vehicle listed in 11 subsection (1), a person must obtain an endorsement on his or 12 her driver's license. An endorsement under paragraph (a), 13 paragraph (b), paragraph (c), paragraph (d), or paragraph (e), 14 or paragraph (f) of subsection (1) shall be issued only to 15 persons who possess a valid Class A, valid Class B, or valid 16 Class C driver's license. A person who drives a motor vehicle 17 or motor vehicle combination that requires an endorsement 18 under this subsection and who drives a motor vehicle or motor 19 vehicle combination having a gross vehicle weight rating, a 20 declared weight, or an actual weight, whichever is greatest, 21 of less than 26,000 pounds shall be issued a Class C driver's 22 license that is clearly restricted to the operation of a motor 23 vehicle or motor vehicle combination of less than 26,000 24 pounds. 25 Section 91. Paragraph (a) of subsection (1) of section 26 322.58, Florida Statutes, is amended to read: 27 322.58 Holders of chauffeur's licenses; effect of 28 classified licensure.-- 29 (1) In order to provide for the classified licensure 30 of commercial motor vehicle drivers, the department shall 31 require persons who have valid chauffeur's licenses to report 108 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 on or after April 1, 1991, to the department for classified 2 licensure, according to a schedule developed by the 3 department. 4 (a) Any person who holds a valid chauffeur's license 5 may continue to operate vehicles for which a Class E D 6 driver's license is required until his or her chauffeur's 7 license expires. 8 Section 92. Subsections (1), (2), (3), (7), (8), and 9 (10) of section 322.61, Florida Statutes, are amended, and 10 subsections (4) and (5) of that section are reenacted, to 11 read: 12 322.61 Disqualification from operating a commercial 13 motor vehicle.-- 14 (1) A person who, for offenses occurring within a 15 3-year period, is convicted of two of the following serious 16 traffic violations or any combination thereof, arising in 17 separate incidents committed in a commercial motor vehicle 18 shall, in addition to any other applicable penalties, be 19 disqualified from operating a commercial motor vehicle for a 20 period of 60 days. A person who, for offenses occurring within 21 a 3-year period, is convicted of two of the following serious 22 traffic violations or any combination thereof, arising in 23 separate incidents committed in a noncommercial motor vehicle 24 shall, in addition to any other applicable penalties, be 25 disqualified from operating a commercial motor vehicle for a 26 period of 60 days if such convictions result in the 27 suspension, revocation, or cancellation of the licenseholder's 28 driving privilege: 29 (a) A violation of any state or local law relating to 30 motor vehicle traffic control, other than a parking violation, 31 a weight violation, or a vehicle equipment violation, arising 109 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 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 110 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 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. 111 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 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 more violations of out-of-service orders in separate 112 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 incidents. 2 (d) Not less than 180 days nor more than 2 years if 3 the driver is convicted of or otherwise found to have 4 committed a first violation of an out-of-service order while 5 transporting hazardous materials required to be placarded 6 under the Hazardous Materials Transportation Act, 49 U.S.C. 7 ss. 5101 et seq., or while operating motor vehicles designed 8 to transport more than 15 passengers, including the driver. A 9 driver is disqualified for a period of not less than 3 years 10 nor more than 5 years if, for offenses occurring during any 11 10-year period, the driver is convicted of or otherwise found 12 to have committed any subsequent violations of out-of-service 13 orders, in separate incidents, while transporting hazardous 14 materials required to be placarded under the Hazardous 15 Materials Transportation Act 49 U.S.C. ss. 5101 et seq., or 16 while operating motor vehicles designed to transport more than 17 15 passengers, including the driver. 18 (10)(a) A driver must be disqualified for not less 19 than 60 days if the driver is convicted of or otherwise found 20 to have committed a first violation of a railroad-highway 21 grade crossing violation. 22 (b) A driver must be disqualified for not less than 23 120 days if, for offenses occurring during any 3-year period, 24 the driver is convicted of or otherwise found to have 25 committed a second railroad-highway grade crossing violation 26 in separate incidents. 27 (c) A driver must be disqualified for not less than 1 28 year if, for offenses occurring during any 3-year period, the 29 driver is convicted of or otherwise found to have committed a 30 third or subsequent railroad-highway grade crossing violation 31 in separate incidents. 113 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 Section 93. Subsection (1) and paragraph (a) of 2 subsection (3) of section 322.63, Florida Statutes, are 3 amended to read: 4 322.63 Alcohol or drug testing; commercial motor 5 vehicle operators.-- 6 (1) A person who accepts the privilege extended by the 7 laws of this state of operating a commercial motor vehicle 8 within this state shall, by so operating such commercial motor 9 vehicle, be deemed to have given his or her consent to submit 10 to an approved chemical or physical test of his or her blood 11 or, breath, or urine for the purpose of determining his or her 12 alcohol concentration, and to a urine test or for the purpose 13 of detecting the presence of chemical substances as set forth 14 in s. 877.111 or of controlled substances. 15 (a) By applying for a commercial driver's license and 16 by accepting and using a commercial driver's license, the 17 person holding the commercial driver's license is deemed to 18 have expressed his or her consent to the provisions of this 19 section. 20 (b) Any person who drives a commercial motor vehicle 21 within this state and who is not required to obtain a 22 commercial driver's license in this state is, by his or her 23 act of driving a commercial motor vehicle within this state, 24 deemed to have expressed his or her consent to the provisions 25 of this section. 26 (c) A notification of the consent provision of this 27 section shall be printed above the signature line on each new 28 or renewed commercial driver's license issued after March 31, 29 1991. 30 (3)(a) The breath and blood physical and chemical 31 tests authorized in this section shall be administered 114 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 substantially in accordance with rules adopted by the 2 Department of Law Enforcement. 3 Section 94. Subsection (1) of section 322.64, Florida 4 Statutes, is amended, and, for the purpose of incorporating 5 the amendment to section 322.61, Florida Statutes, in a 6 reference thereto, subsection (14) of that section is 7 reenacted, to read: 8 322.64 Holder of commercial driver's license; driving 9 with unlawful blood-alcohol level; refusal to submit to 10 breath, urine, or blood test.-- 11 (1)(a) A law enforcement officer or correctional 12 officer shall, on behalf of the department, disqualify from 13 operating any commercial motor vehicle a person who while 14 operating or in actual physical control of a commercial motor 15 vehicle is arrested for a violation of s. 316.193, relating to 16 unlawful blood-alcohol level or breath-alcohol level, or a 17 person who has refused to submit to a breath, urine, or blood 18 test authorized by s. 322.63 arising out of the operation or 19 actual physical control of a commercial motor vehicle. Upon 20 disqualification of the person, the officer shall take the 21 person's driver's license and issue the person a 10-day 22 temporary permit for the operation of noncommercial vehicles 23 only if the person is otherwise eligible for the driving 24 privilege and shall issue the person a notice of 25 disqualification. If the person has been given a blood, 26 breath, or urine test, the results of which are not available 27 to the officer at the time of the arrest, the agency employing 28 the officer shall transmit such results to the department 29 within 5 days after receipt of the results. If the department 30 then determines that the person was arrested for a violation 31 of s. 316.193 and that the person had a blood-alcohol level or 115 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 breath-alcohol level of 0.08 or higher, the department shall 2 disqualify the person from operating a commercial motor 3 vehicle pursuant to subsection (3). 4 (b) The disqualification under paragraph (a) shall be 5 pursuant to, and the notice of disqualification shall inform 6 the driver of, the following: 7 1.a. The driver refused to submit to a lawful breath, 8 blood, or urine test and he or she is disqualified from 9 operating a commercial motor vehicle for a period of 1 year, 10 for a first refusal, or permanently, if he or she has 11 previously been disqualified as a result of a refusal to 12 submit to such a test; or 13 b. The driver violated s. 316.193 by driving with an 14 unlawful blood-alcohol level and he or she is disqualified 15 from operating a commercial motor vehicle for a period of 6 16 months for a first offense or for a period of 1 year if he or 17 she has previously been disqualified, or his or her driving 18 privilege has been previously suspended, for a violation of s. 19 316.193. 20 2. The disqualification period for operating 21 commercial vehicles shall commence on the date of arrest or 22 issuance of notice of disqualification, whichever is later. 23 3. The driver may request a formal or informal review 24 of the disqualification by the department within 10 days after 25 the date of arrest or issuance of notice of disqualification, 26 whichever is later. 27 4. The temporary permit issued at the time of arrest 28 or disqualification will expire at midnight of the 10th day 29 following the date of disqualification. 30 5. The driver may submit to the department any 31 materials relevant to the arrest. 116 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 (14) The decision of the department under this section 2 shall not be considered in any trial for a violation of s. 3 316.193, s. 322.61, or s. 322.62, nor shall any written 4 statement submitted by a person in his or her request for 5 departmental review under this section be admissible into 6 evidence against him or her in any such trial. The disposition 7 of any related criminal proceedings shall not affect a 8 disqualification imposed pursuant to this section. 9 Section 95. Paragraphs (c) and (f) of subsection (13) 10 of section 713.78, Florida Statutes, are amended to read: 11 713.78 Liens for recovering, towing, or storing 12 vehicles and vessels.-- 13 (13) 14 (c)1. The registered owner of a vehicle, vessel, or 15 mobile home may dispute a wrecker operator's lien, by 16 notifying the department of the dispute in writing on forms 17 provided by the department, if at least one of the following 18 applies: 19 a. The registered owner presents a notarized bill of 20 sale proving that the vehicle, vessel, or mobile home was sold 21 in a private or casual sale before the vehicle, vessel, or 22 mobile home was recovered, towed, or stored. 23 b. The registered owner presents proof that the 24 Florida certificate of title of the vehicle, vessel, or mobile 25 home was sold to a licensed dealer as defined in s. 319.001 26 before the vehicle, vessel, or mobile home was recovered, 27 towed, or stored. 28 c. The records of the department were marked "sold" 29 prior to the date of the tow. 30 31 If the registered owner's dispute of a wrecker operator's lien 117 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 complies with one of these criteria, the department shall 2 immediately remove the registered owner's name from the list 3 of those persons who may not be issued a license plate or 4 revalidation sticker for any motor vehicle under s. 320.03(8), 5 thereby allowing issuance of a license plate or revalidation 6 sticker. If the vehicle, vessel, or mobile home is owned 7 jointly by more than one person, each registered owner must 8 dispute the wrecker operator's lien in order to be removed 9 from the list. However, the department shall deny any dispute 10 and maintain the registered owner's name on the list of those 11 persons who may not be issued a license plate or revalidation 12 sticker for any motor vehicle under s. 320.03(8) if the 13 wrecker operator has provided the department with a certified 14 copy of the judgment of a court which orders the registered 15 owner to pay the wrecker operator's lien claimed under this 16 section. In such a case, the amount of the wrecker operator's 17 lien allowed by paragraph (b) may be increased to include no 18 more than $500 of the reasonable costs and attorney's fees 19 incurred in obtaining the judgment. The department's action 20 under this subparagraph is ministerial in nature, shall not be 21 considered final agency action, and is appealable only to the 22 county court for the county in which the vehicle, vessel, or 23 mobile home was ordered removed. 24 2. A person against whom a wrecker operator's lien has 25 been imposed may alternatively obtain a discharge of the lien 26 by filing a complaint, challenging the validity of the lien or 27 the amount thereof, in the county court of the county in which 28 the vehicle, vessel, or mobile home was ordered removed. Upon 29 filing of the complaint, the person may have her or his name 30 removed from the list of those persons who may not be issued a 31 license plate or revalidation sticker for any motor vehicle 118 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 under s. 320.03(8), thereby allowing issuance of a license 2 plate or revalidation sticker, upon posting with the court a 3 cash or surety bond or other adequate security equal to the 4 amount of the wrecker operator's lien to ensure the payment of 5 such lien in the event she or he does not prevail. Upon the 6 posting of the bond and the payment of the applicable fee set 7 forth in s. 28.24, the clerk of the court shall issue a 8 certificate notifying the department of the posting of the 9 bond and directing the department to release the wrecker 10 operator's lien. Upon determining the respective rights of the 11 parties, the court may award damages and costs in favor of the 12 prevailing party. 13 3. If a person against whom a wrecker operator's lien 14 has been imposed does not object to the lien, but cannot 15 discharge the lien by payment because the wrecker operator has 16 moved or gone out of business, the person may have her or his 17 name removed from the list of those persons who may not be 18 issued a license plate or revalidation sticker for any motor 19 vehicle under s. 320.03(8), thereby allowing issuance of a 20 license plate or revalidation sticker, upon posting with the 21 clerk of court in the county in which the vehicle, vessel, or 22 mobile home was ordered removed, a cash or surety bond or 23 other adequate security equal to the amount of the wrecker 24 operator's lien. Upon the posting of the bond and the payment 25 of the application fee set forth in s. 28.24, the clerk of the 26 court shall issue a certificate notifying the department of 27 the posting of the bond and directing the department to 28 release the wrecker operator's lien. The department shall mail 29 to the wrecker operator, at the address upon the lien form, 30 notice that the wrecker operator must claim the security 31 within 60 days, or the security will be released back to the 119 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 person who posted it. At the conclusion of the 60 days, the 2 department shall direct the clerk as to which party is 3 entitled to payment of the security, less applicable clerk's 4 fees. 5 4. A wrecker operator's lien expires 5 years after 6 filing. 7 (f) This subsection applies only to the annual renewal 8 in the registered owner's birth month of a motor vehicle 9 registration and does not apply to the transfer of a 10 registration of a motor vehicle sold by a motor vehicle dealer 11 licensed under chapter 320, except for the transfer of 12 registrations which is inclusive of the annual renewals. This 13 subsection does not apply to any vehicle registered in the 14 name of the lessor. This subsection does not affect the 15 issuance of the title to a motor vehicle, notwithstanding s. 16 319.23(7)(b). 17 Section 96. Section 843.16, Florida Statutes, is 18 amended to read: 19 843.16 Unlawful to install or transport radio 20 equipment using assigned frequency of state or law enforcement 21 officers; definitions; exceptions; penalties.-- 22 (1) A No person, firm, or corporation may not shall 23 install or transport in any motor vehicle or business 24 establishment, except an emergency vehicle or crime watch 25 vehicle as herein defined or a place established by municipal, 26 county, state, or federal authority for governmental purposes, 27 any frequency modulation radio receiving equipment so adjusted 28 or tuned as to receive messages or signals on frequencies 29 assigned by the Federal Communications Commission to police or 30 law enforcement officers or fire rescue personnel of any city 31 or county of the state or to the state or any of its agencies. 120 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 Provided, nothing herein shall be construed to affect any 2 radio station licensed by the Federal Communications System or 3 to affect any recognized newspaper or news publication engaged 4 in covering the news on a full-time basis or any alarm system 5 contractor certified pursuant to part II of chapter 489, 6 operating a central monitoring system. 7 (2) As used in this section, the term: 8 (a) "Emergency vehicle" shall specifically mean: 9 1. Any motor vehicle used by any law enforcement 10 officer or employee of any city, any county, the state, the 11 Federal Bureau of Investigation, or the Armed Forces of the 12 United States while on official business; 13 2. Any fire department vehicle of any city or county 14 of the state or any state fire department vehicle; 15 3. Any motor vehicle designated as an emergency 16 vehicle by the Department of Highway Safety and Motor Vehicles 17 when said vehicle is to be assigned the use of frequencies 18 assigned to the state; 19 4. Any motor vehicle designated as an emergency 20 vehicle by the sheriff or fire chief of any county in the 21 state when said vehicle is to be assigned the use of 22 frequencies assigned to the said county; 23 5. Any motor vehicle designated as an emergency 24 vehicle by the chief of police or fire chief of any city in 25 the state when said vehicle is to be assigned the use of 26 frequencies assigned to the said city. 27 (b) "Crime watch vehicle" means any motor vehicle used 28 by any person participating in a citizen crime watch or 29 neighborhood watch program when such program and use are 30 approved in writing by the appropriate sheriff or chief of 31 police where the vehicle will be used and the vehicle is 121 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 assigned the use of frequencies assigned to the county or 2 city. Such approval shall be renewed annually. 3 (3) This section shall not apply to any holder of a 4 valid amateur radio operator or station license issued by the 5 Federal Communications Commission or to any recognized 6 newspaper or news publication engaged in covering the news on 7 a full-time basis or any alarm system contractor certified 8 pursuant to part II of chapter 489, operating a central 9 monitoring system. 10 (4) Any person, firm, or corporation violating any of 11 the provisions of this section commits shall be deemed guilty 12 of a misdemeanor of the first second degree, punishable as 13 provided in s. 775.082 or s. 775.083. 14 Section 97. Except as otherwise expressly provided in 15 this act, this act shall take effect July 1, 2005. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to highway safety; amending s. 25 61.13016, F.S.; directing the department to 26 issue a driver's license restricted for 27 business purposes only under certain 28 circumstances relating to failure to pay child 29 support; amending s. 316.006, F.S.; providing 30 for interlocal agreements between 31 municipalities and counties transferring 122 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 traffic regulatory authority; amending s. 2 316.083, F.S.; requiring an appropriate signal 3 when overtaking and passing a vehicle; amending 4 s. 316.155, F.S.; specifying that signals are 5 required when moving right or left or 6 overtaking or passing a vehicle; amending s. 7 316.2095, F.S.; revising physical requirements 8 for operating motorcycles under certain 9 circumstances; amending s. 316.212, F.S.; 10 granting local jurisdictions the authority to 11 enact ordinances governing the use of golf 12 carts which are more restrictive than state 13 law; amending s. 316.2126, F.S.; requiring that 14 the use of golf carts upon any state, county, 15 or municipal road within a local jurisdiction 16 be in compliance with local ordinances 17 governing the use of golf carts; amending s. 18 316.302, F.S.; providing a penalty for 19 operating a commercial motor vehicle bearing a 20 false or other illegal identification number; 21 amending s. 316.3045, F.S.; revising criteria 22 related to the operation of radios or other 23 sound-making devices in motor vehicles; 24 amending s. 318.1215, F.S.; clarifying that 25 funds from the Dori Slosberg Driver Education 26 Safety Act be used for driver education 27 programs in schools; requiring that funds be 28 used for enhancement of a driver education 29 program; providing a requirement for 30 behind-the-wheel training; amending s. 318.14, 31 F.S.; providing penalties for certain traffic 123 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 infractions requiring a mandatory hearing; 2 providing for distribution of moneys collected; 3 amending s. 318.21, F.S.; providing for 4 distribution of specified civil penalties by 5 county courts; amending s. 319.30, F.S.; 6 revising provisions relating to the 7 applicability of certificate of destruction 8 requirements for certain damaged vehicles; 9 amending s. 320.02, F.S.; authorizing the 10 withholding of motor vehicle registrations or 11 re-registrations in certain situations; 12 requiring motor vehicle dealers to maintain 13 certain information; allowing owners and 14 co-owners to dispute a dealer's claims of money 15 owed; amending s. 320.27, F.S.; providing for 16 motor vehicle dealer license discipline for the 17 failure to maintain evidence of notification to 18 the owner or co-owner of a vehicle regarding 19 registration and titling fees owed; revising 20 authorized uses of revenues from the United We 21 Stand specialty license plate; amending s. 22 320.08058, F.S.; redesignating the Florida 23 Special Olympics license plate as the Special 24 Olympics Florida license plate and revising 25 design requirements for such specialty license 26 plate; revising requirements for agencies that 27 receive funds from the Choose Life license 28 plate; revising authorized uses of revenues 29 from the Animal Friend specialty license plate; 30 amending s. 320.089, F.S.; allowing retired 31 members of the U.S. Armed Forces Reserve to be 124 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 issued U.S. Reserve license plates; amending s. 2 320.77, F.S.; providing that mobile home 3 dealers may provide a cash bond or letter of 4 credit in lieu of a required surety bond; 5 amending s. 322.08, F.S.; revising the use of 6 funds collected from a voluntary contribution 7 associated with driver's license renewals to be 8 used for the purposes designated by the Hearing 9 Research Institute, Inc.; amending s. 322.2615, 10 F.S.; providing that the disposition of a 11 related criminal proceeding may not affect a 12 suspension of a driver's license for refusal to 13 submit to blood, breath, or urine testing; 14 directing the Department of Highway Safety and 15 Motor Vehicles to invalidate a suspension for 16 driving with an unlawful blood-alcohol level or 17 breath-alcohol level if the suspended person is 18 found not guilty at trial of the underlying 19 violation of law; creating the Manufactured 20 Housing Regulatory Study Commission; providing 21 for membership; providing duties; requiring the 22 commission to file a report with the Governor 23 and the Legislature; amending s. 322.27, F.S.; 24 correcting a cross-reference relating to points 25 assigned for littering violations; amending s. 26 322.61, F.S.; specifying additional violations 27 that disqualify a person from operating a 28 commercial motor vehicle; providing penalties; 29 providing an exception to the requirement that 30 a commercial driver's license be in possession 31 of the commercial driver; removing requirements 125 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 for a Class D driver's license; amending s. 2 321.24, F.S.; providing that certain medical 3 professionals who volunteer for Florida Highway 4 Patrol service are considered employees of the 5 state for sovereign immunity purposes; creating 6 s. 549.102, F.S.; authorizing temporary 7 overnight parking during a motorsports event at 8 a motorsports entertainment complex; exempting 9 such parking from regulations relating to 10 recreational vehicle parks; providing for 11 application of health agency requirements; 12 amending s. 261.03, F.S.; redefining the term 13 "off-highway vehicle" to include a two-rider 14 ATV; adding a definition; amending s. 316.003, 15 F.S.; defining the term "traffic signal 16 preemption system"; amending s. 316.0775, F.S.; 17 providing that the unauthorized use of a 18 traffic signal preemption device is a moving 19 violation; amending s. 316.122, F.S.; providing 20 for the right-of-way for certain passing 21 vehicles; creating s. 316.1576, F.S.; providing 22 clearance specifications for a railroad-highway 23 grade crossing; providing a penalty; creating 24 s. 316.1577, F.S.; providing that an employer 25 is responsible under certain circumstances for 26 violations pertaining to railroad-highway grade 27 crossings; providing a penalty; amending s. 28 316.183, F.S.; increasing the minimum speed 29 limit on interstate highways under certain 30 circumstances; amending s. 316.1932, F.S.; 31 revising the requirements for printing the 126 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 notice of consent for sobriety testing on a 2 driver's license; amending s. 316.1936, F.S., 3 relating to possession of open containers of 4 alcohol; removing an exemption provided for 5 passengers of a vehicle operated by a driver 6 holding a Class D driver's license; amending s. 7 316.194, F.S.; authorizing traffic accident 8 investigation officers to remove vehicles under 9 certain circumstances; amending s. 316.1967, 10 F.S.; providing that an owner of a leased 11 vehicle is not responsible for a parking ticket 12 violation in certain circumstances; amending s. 13 316.2074, F.S.; redefining the term 14 "all-terrain vehicle" to include a two-rider 15 ATV; amending s. 316.302, F.S.; updating a 16 reference to the Code of Federal Regulations 17 relating to commercial motor vehicles; amending 18 s. 316.605, F.S.; clarifying that portion of a 19 license plate which must be clear and plainly 20 visible; amending s. 316.613, F.S.; eliminating 21 authorization for the Department of Highway 22 Safety and Motor Vehicles to expend certain 23 funds for promotional purposes; creating s. 24 316.6131, F.S.; authorizing the department to 25 expend certain funds for public information and 26 education campaigns; amending s. 316.650, F.S.; 27 providing exceptions to a prohibition against 28 using citations as evidence in a trial; 29 amending s. 317.0003, F.S.; defining the term 30 "off-highway vehicle" to include a two-rider 31 ATV; providing a definition; amending ss. 127 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 317.0004, 317.0005, and 317.0006, F.S.; 2 conforming references; amending s. 317.0007, 3 F.S.; authorizing the Department of Highway 4 Safety and Motor Vehicles to issue a validation 5 sticker as an additional proof of title for an 6 off-highway vehicle; providing for the 7 replacement of lost or destroyed off-highway 8 vehicle validation stickers; providing for 9 disposition of fees; repealing s. 317.0008(2), 10 F.S., relating to the expedited issuance of 11 duplicate certificates of title for off-highway 12 vehicles; amending ss. 317.0010, 317.0012, and 13 317.0013, F.S.; conforming references; creating 14 s. 317.0014, F.S.; establishing procedures for 15 the issuance of a certificate of title for an 16 off-highway vehicle; providing duties of the 17 Department of Highway Safety and Motor 18 Vehicles; providing for a notice of lien and 19 lien satisfaction; creating s. 317.0015, F.S.; 20 providing for the applicability of certain 21 provisions of law to the titling of off-highway 22 vehicles; creating s. 317.0016, F.S.; providing 23 for the expedited issuance of titles for 24 off-highway vehicles; creating s. 317.0017, 25 F.S.; prohibiting specified actions relating to 26 the issuance of titles for off-highway 27 vehicles; providing a penalty; creating s. 28 317.0018, F.S.; prohibiting the transfer of an 29 off-highway vehicle without delivery of a 30 certificate of title; prescribing other 31 violations; providing a penalty; amending s. 128 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 318.14, F.S.; authorizing the department to 2 modify certain actions to suspend or revoke a 3 driver's license following notice of final 4 disposition; providing citation procedures and 5 proceedings for persons who do not hold a 6 commercial driver's license; amending s. 7 319.23, F.S.; requiring a licensed motor 8 vehicle dealer to notify the Department of 9 Highway Safety and Motor Vehicles of a motor 10 vehicle or mobile home taken as a trade-in; 11 requiring the department to update its title 12 record; amending s. 319.27, F.S.; correcting an 13 obsolete cross-reference; amending s. 320.06, 14 F.S.; providing for a credit or refund when a 15 registrant is required to replace a license 16 plate under certain circumstances; amending s. 17 320.0601, F.S.; requiring that a registration 18 or renewal of a long-term leased motor vehicle 19 be in the name of the lessee; amending s. 20 320.0605, F.S.; exempting a vehicle registered 21 as a fleet vehicle from the requirement that 22 the certificate of registration be carried in 23 the vehicle at all times; amending s. 320.0843, 24 F.S.; requiring that an applicant's eligibility 25 for a disabled parking plate be noted on the 26 certificate; amending s. 320.131, F.S.; 27 authorizing the department to provide for an 28 electronic system for motor vehicle dealers to 29 use in issuing temporary license plates; 30 providing a penalty; amending s. 320.18, F.S.; 31 authorizing the department to cancel the 129 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 vehicle or vessel registration, driver's 2 license, or identification card of a person who 3 pays certain fees or penalties with a 4 dishonored check; amending s. 320.27, F.S.; 5 requiring dealer principals to provide 6 certification of completing continuing 7 education under certain circumstances; 8 requiring motor vehicle dealers to maintain 9 records for a specified period; providing 10 certain penalties; amending s. 322.01, F.S.; 11 redefining the terms "commercial motor vehicle" 12 and "out-of-service order"; providing the 13 definition of conviction applicable to offenses 14 committed in a commercial motor vehicle; 15 amending s. 322.05, F.S.; removing requirements 16 for a Class D driver's license; amending s. 17 322.051, F.S.; revising provisions relating to 18 the application for an identification card; 19 providing that the requirement for a fullface 20 photograph or digital image on an 21 identification card may not be waived under ch. 22 761, F.S.; amending s. 322.07, F.S.; removing 23 requirements for a Class D driver's license; 24 amending s. 322.08, F.S.; providing that a 25 United States passport is an acceptable proof 26 of identity for purposes of obtaining a 27 driver's license; providing that a 28 naturalization certificate issued by the United 29 States Department of Homeland Security is an 30 acceptable proof of identity for such purpose; 31 providing that specified documents issued by 130 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 the United States Department of Homeland 2 Security are acceptable as proof of 3 nonimmigrant classification; amending s. 4 322.09, F.S.; requiring the signature of a 5 secondary guardian on a driver's license 6 application for a minor under certain 7 circumstances; amending s. 322.11, F.S.; 8 providing for notice to a minor before 9 canceling the minor's license due to the death 10 of the person who cosigned the initial 11 application; amending s. 322.12, F.S.; removing 12 requirements for a Class D driver's license; 13 amending s. 322.135, F.S.; deleting a 14 requirement that a portion of certain fees 15 collected by a tax collector be deposited in 16 the Highway Safety Operating Trust Fund; 17 revising requirements for the tax collector in 18 directing a licensee for examination or 19 reexamination; requiring county officers to pay 20 certain funds to the State Treasury by 21 electronic funds transfer within a specified 22 period; amending s. 322.142, F.S.; providing 23 that the requirement for a fullface photograph 24 or digital image on a driver's license may not 25 be waived under ch. 761, F.S.; amending s. 26 322.161, F.S.; removing requirements for a 27 Class D driver's license; amending s. 322.17, 28 F.S., relating to duplicate and replacement 29 certificates; conforming a cross-reference; 30 amending s. 322.18, F.S.; revising the 31 expiration period for driver's licenses issued 131 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 to specified persons; conforming 2 cross-references; amending s. 322.19, F.S., 3 relating to change of address or name; 4 conforming cross-references; amending s. 5 322.21, F.S.; removing requirements for a Class 6 D driver's license; requiring the department to 7 set a fee for a hazardous-materials 8 endorsement; providing that the fee may not 9 exceed $100; amending s. 322.212, F.S.; 10 providing an additional penalty for giving 11 false information when applying for a 12 commercial driver's license; amending s. 13 322.22, F.S.; authorizing the department to 14 cancel any identification card, vehicle or 15 vessel registration, or fuel-use decal of a 16 licensee who pays certain fees or penalties 17 with a dishonored check; amending s. 322.251, 18 F.S.; removing requirements for a Class D 19 driver's license; amending s. 322.2615, F.S.; 20 revising provisions related to administrative 21 suspension of driver's licenses; amending s. 22 322.27, F.S.; providing 4 points to be assessed 23 against a person's driver's license for a 24 violation of s. 316.0775(2), F.S.; amending s. 25 322.30, F.S.; removing the requirements for a 26 Class D driver's license; amending s. 322.53, 27 F.S.; removing requirements for a Class D 28 driver's license; removing a requirement that 29 certain operators of a commercial motor vehicle 30 obtain a specified license; amending s. 322.54, 31 F.S.; revising the classification requirements 132 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 for certain driver's licenses; deleting 2 requirements for a Class D driver's license; 3 amending s. 322.57, F.S.; providing testing 4 requirements for school bus drivers; amending 5 s. 322.58, F.S.; deleting requirements for a 6 Class D driver's license and changing those 7 requirements to a Class E driver's license; 8 amending and reenacting s. 322.61, F.S.; 9 specifying additional violations that 10 disqualify a person from operating a commercial 11 motor vehicle; providing penalties; removing 12 requirements for a Class D driver's license; 13 amending s. 322.63, F.S.; clarifying provisions 14 governing alcohol and drug testing for 15 commercial motor vehicle operators; amending s. 16 322.64, F.S., and reenacting s. 322.64(14), 17 F.S., relating to citation procedures and 18 proceedings, to incorporate the amendment to s. 19 322.61, F.S., in a reference thereto; providing 20 for a temporary permit issued following certain 21 DUI offenses to apply only to the operation of 22 noncommercial vehicles; amending s. 713.78, 23 F.S.; revising provisions relating to the 24 placement of a wrecker operator's lien against 25 a motor vehicle; amending s. 843.16, F.S.; 26 prohibiting the transportation of radio 27 equipment that receives signals on frequencies 28 used by this state's law enforcement officers 29 or fire rescue personnel; redefining the term 30 "emergency vehicle" to include any motor 31 vehicle designated as such by the fire chief of 133 6:25 PM 05/03/05 h1697.16tr.bef
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1697, 1st Eng. Barcode 950742 1 a county or municipality; providing an enhanced 2 penalty; providing effective dates. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 134 6:25 PM 05/03/05 h1697.16tr.bef