HB 1697

1
A bill to be entitled
2An act relating to motor vehicles; amending s. 261.03,
3F.S.; redefining the term "off-highway vehicle" to include
4a two-rider ATV; defining the term "two-rider ATV";
5amending s. 316.003, F.S.; defining the term "traffic
6signal preemption system"; amending s. 316.006, F.S.;
7providing for interlocal agreements between municipalities
8and counties transferring traffic regulatory authority;
9amending s. 316.0775, F.S.; providing that the
10unauthorized use of a traffic signal preemption device is
11a moving violation; amending s. 316.122, F.S.; providing
12for the right-of-way for certain passing vehicles;
13creating s. 316.1576, F.S.; prohibiting driving through a
14railroad-highway grade crossing that does not have
15sufficient space or clearance; providing a penalty;
16creating s. 316.1577, F.S.; prohibiting employer from
17allowing, requiring, permitting, or authorizing certain
18violations pertaining to railroad-highway grade crossings;
19providing a penalty; amending s. 316.183, F.S.; increasing
20the minimum speed limit on interstate highways under
21certain circumstances; amending s. 316.1932, F.S.;
22revising the requirements for printing the notice of
23consent for sobriety testing on a driver's license;
24amending s. 316.1936, F.S., relating to possession of open
25containers of alcohol; removing an exemption provided for
26passengers of a vehicle operated by a driver holding a
27Class D driver's license; amending s. 316.194, F.S.;
28authorizing traffic accident investigation officers to
29remove vehicles under certain circumstances; amending s.
30316.1967, F.S.; providing that an owner of a leased
31vehicle is not responsible for a parking ticket violation
32in certain circumstances; amending s. 316.2074, F.S.;
33redefining the term "all-terrain vehicle" to include a
34two-rider ATV; amending s. 316.2095, F.S.; revising
35equipment requirements for operating motorcycles;
36providing penalties; amending s. 316.302, F.S.; updating a
37reference to the Code of Federal Regulations relating to
38commercial motor vehicles; amending s. 316.3045, F.S.;
39revising restrictions on the operation of radios or other
40soundmaking devices in motor vehicles; providing
41penalties; amending s. 316.605, F.S.; clarifying that
42portion of a license plate which must be clear and plainly
43visible; amending s. 316.613, F.S.; eliminating
44authorization for the Department of Highway Safety and
45Motor Vehicles to expend certain funds for promotional
46purposes; creating s. 316.6131, F.S.; authorizing the
47department to expend certain funds for public information
48and education campaigns; amending s. 316.650, F.S.;
49providing exceptions to a prohibition against using
50citations as evidence in a trial; amending s. 317.0003,
51F.S.; defining the term "off-highway vehicle" to include a
52two-rider ATV; providing a definition; amending ss.
53317.0004, 317.0005, and 317.0006, F.S.; conforming
54references; amending s. 317.0007, F.S.; authorizing the
55Department of Highway Safety and Motor Vehicles to issue a
56validation sticker as an additional proof of title for an
57off-highway vehicle; providing for the replacement of lost
58or destroyed off-highway vehicle validation stickers;
59providing for disposition of fees; repealing s.
60317.0008(2), F.S., relating to the expedited issuance of
61duplicate certificates of title for off-highway vehicles;
62amending ss. 317.0010, 317.0012, and 317.0013, F.S.;
63conforming references; creating s. 317.0014, F.S.;
64establishing procedures for the issuance of a certificate
65of title for an off-highway vehicle; providing duties of
66the Department of Highway Safety and Motor Vehicles;
67providing for a notice of lien and lien satisfaction;
68creating s. 317.0015, F.S.; providing for the
69applicability of certain provisions of law to the titling
70of off-highway vehicles; creating s. 317.0016, F.S.;
71providing for the expedited issuance of titles for off-
72highway vehicles; creating s. 317.0017, F.S.; prohibiting
73specified actions relating to the issuance of titles for
74off-highway vehicles; providing a penalty; creating s.
75317.0018, F.S.; prohibiting the transfer of an off-highway
76vehicle without delivery of a certificate of title;
77prescribing other violations; providing a penalty;
78amending s. 318.1215, F.S.; clarifying that funds from the
79Dori Slosberg Driver Education Safety Act be used for
80driver education programs in schools; requiring that funds
81be used for enhancement of driver education program funds;
82providing program requirements; amending s. 318.14, F.S.;
83authorizing the department to modify certain actions to
84suspend or revoke a driver's license following notice of
85final disposition; providing that certain citation
86procedures and proceedings apply to persons who do not
87hold a commercial driver's license; amending s. 319.23,
88F.S.; requiring a licensed motor vehicle dealer to notify
89the Department of Highway Safety and Motor Vehicles of a
90motor vehicle or mobile home taken as a trade-in;
91requiring the department to update its title record;
92amending s. 319.27, F.S.; correcting an obsolete cross-
93reference; amending s. 320.02, F.S.; authorizing the
94department to withhold motor vehicle registration or
95renewal of registration when notified by a dealer of
96unpaid registration and titling fees; requiring the motor
97vehicle dealer to inform the owner or coowner and maintain
98certain information; providing for dispute of dealer's
99claim of unpaid fees; amending s. 320.06, F.S.; providing
100for a credit or refund when a registrant is required to
101replace a license plate under certain circumstances;
102amending s. 320.0601, F.S.; requiring that a registration
103or renewal of a long-term leased motor vehicle be in the
104name of the lessee; amending s. 320.0605, F.S.; exempting
105a vehicle registered as a fleet vehicle from the
106requirement that the certificate of registration be
107carried in the vehicle at all times; amending s.
108320.08058, F.S.; revising authorized uses of revenues from
109the Animal Friend specialty license plate; amending s.
110320.0843, F.S.; requiring that an applicant's eligibility
111for a disabled parking plate be noted on the certificate;
112amending s. 320.089, F.S.; allowing retired members of the
113United States Armed Forces Reserve to be issued U.S.
114Reserve license plates; amending s. 320.131, F.S.;
115authorizing the department to provide for an electronic
116system for motor vehicle dealers to use in issuing
117temporary license plates; providing a penalty; authorizing
118the department to adopt rules; amending s. 320.18, F.S.;
119authorizing the department to cancel the vehicle or vessel
120registration, driver's license, or identification card of
121a person who pays certain fees or penalties with a
122dishonored check; amending s. 320.27, F.S.; requiring
123dealer principals to provide certification of completing
124continuing education under certain circumstances;
125requiring motor vehicle dealers to maintain records for a
126specified period; providing for denial, suspension, or
127revocation of a motor vehicle dealer's license for failure
128to maintain evidence of notification to the owner or
129coowner of a vehicle regarding unpaid registration and
130titling fees; providing certain penalties; amending s.
131322.01, F.S.; redefining the terms "commercial motor
132vehicle" and "out-of-service order"; providing the
133definition of conviction applicable to offenses committed
134in a commercial motor vehicle; amending s. 322.05, F.S.;
135removing requirements for a Class D driver's license;
136amending s. 322.051, F.S.; revising provisions relating to
137the application for an identification card; providing that
138the requirement for a fullface photograph or digital image
139on an identification card may not be waived under ch. 761,
140F.S.; amending s. 322.07, F.S.; removing requirements for
141a Class D driver's license; amending s. 322.08, F.S.;
142providing that a United States passport is an acceptable
143proof of identity for purposes of obtaining a driver's
144license; providing that a naturalization certificate
145issued by the United States Department of Homeland
146Security is an acceptable proof of identity for such
147purpose; providing that specified documents are acceptable
148as proof of nonimmigrant classification; allowing funds
149collected from a voluntary contribution associated with
150driver license applications to be used for hearing
151screening for all age groups; amending s. 322.09, F.S.;
152requiring the signature of a secondary guardian on a
153driver's license application for a minor under certain
154circumstances; amending s. 322.11, F.S.; providing for
155notice to a minor before canceling the minor's license due
156to the death of the person who cosigned the initial
157application; amending s. 322.12, F.S.; removing
158requirements for a Class D driver's license; amending s.
159322.135, F.S.; requiring all tax collectors serving as
160agents for the department to provide all services
161available as deemed appropriate by the department;
162revising requirements for the deposit of certain fees for
163a driver's license; revising requirements for the tax
164collector in directing a licensee for examination or
165reexamination; requiring county officers to pay certain
166funds to the State Treasury by electronic funds transfer
167within a specified period; amending s. 322.142, F.S.;
168providing that the requirement for a fullface photograph
169or digital image on a driver's license may not be waived
170under ch. 761, F.S.; amending s. 322.161, F.S.; removing
171requirements for a Class D driver's license; amending s.
172322.17, F.S., relating to duplicate and replacement
173certificates; conforming a cross-reference; amending s.
174322.18, F.S.; revising the expiration period for driver's
175licenses issued to specified persons; conforming cross-
176references; amending s. 322.19, F.S., relating to change
177of address or name; conforming cross-references; amending
178s. 322.21, F.S.; removing requirements for a Class D
179driver's license; requiring the department to set a fee
180for a hazardous-materials endorsement; providing maximum
181fee amount; authorizing the department to adopt rules;
182amending s. 322.212, F.S.; providing an additional penalty
183for giving false information when applying for a
184commercial driver's license; amending s. 322.22, F.S.;
185authorizing the department to cancel any identification
186card, vehicle or vessel registration, or fuel-use decal of
187a licensee who pays certain fees or penalties with a
188dishonored check; amending s. 322.251, F.S.; removing
189requirements for a Class D driver's license; amending s.
190322.2615, F.S.; revising provisions related to notice and
191review procedures for administrative suspension of
192driver's licenses; revising notice information; clarifying
193review procedures; amending s. 322.27, F.S.; correcting a
194cross-reference relating to points assigned for littering
195violations; amending s. 322.30, F.S.; removing the
196requirements for a Class D driver's license; amending s.
197322.53, F.S.; removing requirements for a Class D driver's
198license; removing a requirement that certain operators of
199a commercial motor vehicle obtain a specified license;
200amending s. 322.54, F.S.; revising the classification
201requirements for certain driver's licenses; deleting
202requirements for a Class D driver's license; amending s.
203322.57, F.S.; providing testing requirements for school
204bus drivers; removing certain license restriction
205requirements; amending s. 322.58, F.S.; deleting
206requirements for a Class D driver's license and changing
207those requirements to a Class E driver's license; amending
208and reenacting s. 322.61, F.S.; specifying additional
209violations that disqualify a person from operating a
210commercial motor vehicle; providing penalties; removing
211requirements for a Class D driver's license; amending s.
212322.63, F.S.; clarifying provisions governing alcohol and
213drug testing for commercial motor vehicle operators;
214amending s. 322.64, F.S., and reenacting s. 322.64(14),
215F.S., relating to citation procedures and proceedings, to
216incorporate the amendment to s. 322.61, F.S., in a
217reference thereto; providing for a temporary permit issued
218following certain DUI offenses to apply only to the
219operation of noncommercial vehicles; amending s. 713.78,
220F.S.; revising provisions relating to the placement of a
221wrecker operator's lien against a motor vehicle; amending
222s. 768.28, F.S.; providing that certain medical
223professionals volunteering for Florida Highway Patrol
224service are considered employees of the state for
225sovereign immunity purposes; amending s. 843.16, F.S.;
226prohibiting the transportation of radio equipment that
227receives signals on frequencies used by this state's law
228enforcement officers or fire rescue personnel; redefining
229the term "emergency vehicle" to include any motor vehicle
230designated as such by the fire chief of a county or
231municipality; revising penalties; providing an effective
232date.
233
234Be It Enacted by the Legislature of the State of Florida:
235
236     Section 1.  Subsection (6) of section 261.03, Florida
237Statutes, is amended and subsection (11) is added to that
238section, to read:
239     261.03  Definitions.--As used in this chapter, the term:
240     (6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
241OHM that is used off the roads or highways of this state for
242recreational purposes and that is not registered and licensed
243for highway use under chapter 320.
244     (11)  "Two-rider ATV" means any ATV that is specifically
245designed by the manufacturer for a single operator and one
246passenger.
247     Section 2.  Subsection (84) is added to section 316.003,
248Florida Statutes, to read:
249     316.003  Definitions.--The following words and phrases,
250when used in this chapter, shall have the meanings respectively
251ascribed to them in this section, except where the context
252otherwise requires:
253     (84)  TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or
254device with the capability of activating a control mechanism
255mounted on or near traffic signals which alters a traffic
256signal's timing cycle.
257     Section 3.  Paragraph (c) is added to subsection (2) of
258section 316.006, Florida Statutes, to read:
259     316.006  Jurisdiction.--Jurisdiction to control traffic is
260vested as follows:
261     (2)  MUNICIPALITIES.--
262     (c)  Notwithstanding any other provisions of law to the
263contrary, a municipality may, by interlocal agreement with a
264county, agree to transfer traffic regulatory authority over
265areas within the municipality to the county.
266
267This subsection shall not limit those counties which have the
268charter powers to provide and regulate arterial, toll, and other
269roads, bridges, tunnels, and related facilities from the proper
270exercise of those powers by the placement and maintenance of
271traffic control devices which conform to the manual and
272specifications of the Department of Transportation on streets
273and highways located within municipal boundaries.
274     Section 4.  Section 316.0775, Florida Statutes, is amended
275to read:
276     316.0775  Interference with official traffic control
277devices or railroad signs or signals.--
278     (1)  A No person may not shall, without lawful authority,
279attempt to or in fact alter, deface, injure, knock down, or
280remove any official traffic control device or any railroad sign
281or signal or any inscription, shield, or insignia thereon, or
282any other part thereof. A violation of this subsection section
283is a criminal violation pursuant to s. 318.17 and shall be
284punishable as set forth in s. 806.13 related to criminal
285mischief and graffiti, beginning on or after July 1, 2000.
286     (2)  A person may not, without lawful authority, possess or
287use any traffic signal preemption device as defined under s.
288316.003. A person who violates this subsection commits a moving
289violation, punishable as provided in chapter 318 and shall have
2904 points assessed against his or her driver's license as set
291forth in s. 322.27.
292     Section 5.  Section 316.122, Florida Statutes, is amended
293to read:
294     316.122  Vehicle turning left.--The driver of a vehicle
295intending to turn to the left within an intersection or into an
296alley, private road, or driveway shall yield the right-of-way to
297any vehicle approaching from the opposite direction, or vehicles
298lawfully passing on the left of the turning vehicle, which is
299within the intersection or so close thereto as to constitute an
300immediate hazard. A violation of this section is a noncriminal
301traffic infraction, punishable as a moving violation as provided
302in chapter 318.
303     Section 6.  Section 316.1576, Florida Statutes, is created
304to read:
305     316.1576  Insufficient clearance at a railroad-highway
306grade crossing.--
307     (1)  A person may not drive any vehicle through a railroad-
308highway grade crossing that does not have sufficient space to
309drive completely through the crossing without stopping.
310     (2)  A person may not drive any vehicle through a railroad-
311highway grade crossing that does not have sufficient
312undercarriage clearance to drive completely through the crossing
313without stopping.
314     (3)  A violation of this section is a noncriminal traffic
315infraction, punishable as a moving violation as provided in
316chapter 318.
317     Section 7.  Section 316.1577, Florida Statutes, is created
318to read:
319     316.1577  Employer responsibility for violations pertaining
320to railroad-highway grade crossings.--
321     (1)  An employer may not knowingly allow, require, permit,
322or authorize a driver to operate a commercial motor vehicle in
323violation of a federal, state, or local law or rule pertaining
324to railroad-highway grade crossings.
325     (2)  A person who violates subsection (1) is subject to a
326civil penalty of not more than $10,000.
327     Section 8.  Subsection (2) of section 316.183, Florida
328Statutes, is amended to read:
329     316.183  Unlawful speed.--
330     (2)  On all streets or highways, the maximum speed limits
331for all vehicles must be 30 miles per hour in business or
332residence districts, and 55 miles per hour at any time at all
333other locations. However, with respect to a residence district,
334a county or municipality may set a maximum speed limit of 20 or
33525 miles per hour on local streets and highways after an
336investigation determines that such a limit is reasonable.  It is
337not necessary to conduct a separate investigation for each
338residence district. The minimum speed limit on all highways that
339comprise a part of the National System of Interstate and Defense
340Highways and have not fewer than four lanes is 40 miles per
341hour, except that when the posted speed limit is 70 miles per
342hour, the minimum speed limit is 50 miles per hour.
343     Section 9.  Paragraph (e) of subsection (1) of section
344316.1932, Florida Statutes, is amended to read:
345     316.1932  Tests for alcohol, chemical substances, or
346controlled substances; implied consent; refusal.--
347     (1)
348     (e)1.  By applying for a driver's license and by accepting
349and using a driver's license, the person holding the driver's
350license is deemed to have expressed his or her consent to the
351provisions of this section.
352     2.  A nonresident or any other person driving in a status
353exempt from the requirements of the driver's license law, by his
354or her act of driving in such exempt status, is deemed to have
355expressed his or her consent to the provisions of this section.
356     3.  A warning of the consent provision of this section
357shall be printed above the signature line on each new or renewed
358driver's license.
359     Section 10.  Subsection (5) of section 316.1936, Florida
360Statutes, is amended to read:
361     316.1936  Possession of open containers of alcoholic
362beverages in vehicles prohibited; penalties.--
363     (5)  This section shall not apply to:
364     (a)  A passenger of a vehicle in which the driver is
365operating the vehicle pursuant to a contract to provide
366transportation for passengers and such driver holds a valid
367commercial driver's license with a passenger endorsement or a
368Class D driver's license issued in accordance with the
369requirements of chapter 322;
370     (b)  A passenger of a bus in which the driver holds a valid
371commercial driver's license with a passenger endorsement or a
372Class D driver's license issued in accordance with the
373requirements of chapter 322; or
374     (c)  A passenger of a self-contained motor home which is in
375excess of 21 feet in length.
376     Section 11.  Paragraphs (a) and (b) of subsection (3) of
377section 316.194, Florida Statutes, are amended to read:
378     316.194  Stopping, standing or parking outside of
379municipalities.--
380     (3)(a)  Whenever any police officer or traffic accident
381investigation officer finds a vehicle standing upon a highway in
382violation of any of the foregoing provisions of this section,
383the officer is authorized to move the vehicle, or require the
384driver or other persons in charge of the vehicle to move the
385vehicle same, to a position off the paved or main-traveled part
386of the highway.
387     (b)  Officers and traffic accident investigation officers
388may are hereby authorized to provide for the removal of any
389abandoned vehicle to the nearest garage or other place of
390safety, cost of such removal to be a lien against motor vehicle,
391when an said abandoned vehicle is found unattended upon a bridge
392or causeway or in any tunnel, or on any public highway in the
393following instances:
394     1.  Where such vehicle constitutes an obstruction of
395traffic;
396     2.  Where such vehicle has been parked or stored on the
397public right-of-way for a period exceeding 48 hours, in other
398than designated parking areas, and is within 30 feet of the
399pavement edge; and
400     3.  Where an operative vehicle has been parked or stored on
401the public right-of-way for a period exceeding 10 days, in other
402than designated parking areas, and is more than 30 feet from the
403pavement edge.  However, the agency removing such vehicle shall
404be required to report same to the Department of Highway Safety
405and Motor Vehicles within 24 hours of such removal.
406     Section 12.  Section 316.1967, Florida Statutes, is amended
407to read:
408     316.1967  Liability for payment of parking ticket
409violations and other parking violations.--
410     (1)  The owner of a vehicle is responsible and liable for
411payment of any parking ticket violation unless the owner can
412furnish evidence, when required by this subsection, that the
413vehicle was, at the time of the parking violation, in the care,
414custody, or control of another person.  In such instances, the
415owner of the vehicle is required, within a reasonable time after
416notification of the parking violation, to furnish to the
417appropriate law enforcement authorities an affidavit setting
418forth the name, address, and driver's license number of the
419person who leased, rented, or otherwise had the care, custody,
420or control of the vehicle.  The affidavit submitted under this
421subsection is admissible in a proceeding charging a parking
422ticket violation and raises the rebuttable presumption that the
423person identified in the affidavit is responsible for payment of
424the parking ticket violation.  The owner of a vehicle is not
425responsible for a parking ticket violation if the vehicle
426involved was, at the time, stolen or in the care, custody, or
427control of some person who did not have permission of the owner
428to use the vehicle. The owner of a leased vehicle is not
429responsible for a parking ticket violation and is not required
430to submit an affidavit or the other evidence specified in this
431section, if the vehicle is registered in the name of the person
432who leased the vehicle.
433     (2)  Any person who is issued a county or municipal parking
434ticket by a parking enforcement specialist or officer is deemed
435to be charged with a noncriminal violation and shall comply with
436the directions on the ticket. If payment is not received or a
437response to the ticket is not made within the time period
438specified thereon, the county court or its traffic violations
439bureau shall notify the registered owner of the vehicle that was
440cited, or the registered lessee when the cited vehicle is
441registered in the name of the person who leased the vehicle, by
442mail to the address given on the motor vehicle registration, of
443the ticket. Mailing the notice to this address constitutes
444notification. Upon notification, the registered owner or
445registered lessee shall comply with the court's directive.
446     (3)  Any person who fails to satisfy the court's directive
447waives his or her right to pay the applicable civil penalty.
448     (4)  Any person who elects to appear before a designated
449official to present evidence waives his or her right to pay the
450civil penalty provisions of the ticket. The official, after a
451hearing, shall make a determination as to whether a parking
452violation has been committed and may impose a civil penalty not
453to exceed $100 or the fine amount designated by county
454ordinance, plus court costs.  Any person who fails to pay the
455civil penalty within the time allowed by the court is deemed to
456have been convicted of a parking ticket violation, and the court
457shall take appropriate measures to enforce collection of the
458fine.
459     (5)  Any provision of subsections (2), (3), and (4) to the
460contrary notwithstanding, chapter 318 does not apply to
461violations of county parking ordinances and municipal parking
462ordinances.
463     (6)  Any county or municipality may provide by ordinance
464that the clerk of the court or the traffic violations bureau
465shall supply the department with a magnetically encoded computer
466tape reel or cartridge or send by other electronic means data
467which is machine readable by the installed computer system at
468the department, listing persons who have three or more
469outstanding parking violations, including violations of s.
470316.1955. Each county shall provide by ordinance that the clerk
471of the court or the traffic violations bureau shall supply the
472department with a magnetically encoded computer tape reel or
473cartridge or send by other electronic means data that is machine
474readable by the installed computer system at the department,
475listing persons who have any outstanding violations of s.
476316.1955 or any similar local ordinance that regulates parking
477in spaces designated for use by persons who have disabilities.
478The department shall mark the appropriate registration records
479of persons who are so reported. Section 320.03(8) applies to
480each person whose name appears on the list.
481     Section 13.  Subsection (2) of section 316.2074, Florida
482Statutes, is amended to read:
483     316.2074  All-terrain vehicles.--
484     (2)  As used in this section, the term "all-terrain
485vehicle" means any motorized off-highway vehicle 50 inches or
486less in width, having a dry weight of 900 pounds or less,
487designed to travel on three or more low-pressure tires, having a
488seat designed to be straddled by the operator and handlebars for
489steering control, and intended for use by a single operator with
490no passenger. For the purposes of this section, "all-terrain
491vehicle" also includes any "two-rider ATV" as defined in s.
492317.0003.
493     Section 14.  Section 316.2095, Florida Statutes, is amended
494to read:
495     316.2095  Footrests, handholds, and handlebars.--
496     (1)  Any motorcycle carrying a passenger, other than in a
497sidecar or enclosed cab, shall be equipped with footrests and
498handholds for such passenger.
499     (2)  No person shall operate any motorcycle with handlebars
500with handgrips which are higher than the top of the shoulders of
501the person operating the motorcycle while properly seated upon
502the motorcycle more than 15 inches in height above that portion
503of the seat occupied by the operator.
504     (3)  A violation of this section is a noncriminal traffic
505infraction, punishable as a nonmoving violation as provided in
506chapter 318.
507     Section 15.  Paragraph (b) of subsection (1) of section
508316.302, Florida Statutes, is amended to read:
509     316.302  Commercial motor vehicles; safety regulations;
510transporters and shippers of hazardous materials; enforcement.--
511     (1)
512     (b)  Except as otherwise provided in this section, all
513owners or drivers of commercial motor vehicles that are engaged
514in intrastate commerce are subject to the rules and regulations
515contained in 49 C.F.R. parts 382, 385, and 390-397, with the
516exception of 49 C.F.R. s. 390.5 as it relates to the definition
517of bus, as such rules and regulations existed on October 1, 2004
5182002.
519     Section 16.  Paragraph (a) of subsection (1) of section
520316.3045, Florida Statutes, is amended to read:
521     316.3045  Operation of radios or other mechanical
522soundmaking devices or instruments in vehicles; exemptions.--
523     (1)  It is unlawful for any person operating or occupying a
524motor vehicle on a street or highway to operate or amplify the
525sound produced by a radio, tape player, or other mechanical
526soundmaking device or instrument from within the motor vehicle
527so that the sound is:
528     (a)  Plainly audible at a distance of 25 100 feet or more
529from the motor vehicle; or
530     (5)  A violation of this section is a noncriminal traffic
531infraction, punishable as a nonmoving violation as provided in
532chapter 318.
533     Section 17.  Subsection (1) of section 316.605, Florida
534Statutes, is amended to read:
535     316.605  Licensing of vehicles.--
536     (1)  Every vehicle, at all times while driven, stopped, or
537parked upon any highways, roads, or streets of this state, shall
538be licensed in the name of the owner thereof in accordance with
539the laws of this state unless such vehicle is not required by
540the laws of this state to be licensed in this state and shall,
541except as otherwise provided in s. 320.0706 for front-end
542registration license plates on truck tractors, display the
543license plate or both of the license plates assigned to it by
544the state, one on the rear and, if two, the other on the front
545of the vehicle, each to be securely fastened to the vehicle
546outside the main body of the vehicle in such manner as to
547prevent the plates from swinging, and with all letters,
548numerals, printing, writing, and other identification marks upon
549the plates regarding the word "Florida," the registration decal,
550and the alphanumeric designation shall be clear and distinct and
551free from defacement, mutilation, grease, and other obscuring
552matter, so that they will be plainly visible and legible at all
553times 100 feet from the rear or front. Nothing shall be placed
554upon the face of a Florida plate except as permitted by law or
555by rule or regulation of a governmental agency.  No license
556plates other than those furnished by the state shall be used.  
557However, if the vehicle is not required to be licensed in this
558state, the license plates on such vehicle issued by another
559state, by a territory, possession, or district of the United
560States, or by a foreign country, substantially complying with
561the provisions hereof, shall be considered as complying with
562this chapter. A violation of this subsection is a noncriminal
563traffic infraction, punishable as a nonmoving violation as
564provided in chapter 318.
565     Section 18.  Subsection (4) of section 316.613, Florida
566Statutes, is amended to read:
567     316.613  Child restraint requirements.--
568     (4)(a)  It is the legislative intent that all state,
569county, and local law enforcement agencies, and safety councils,
570in recognition of the problems with child death and injury from
571unrestrained occupancy in motor vehicles, conduct a continuing
572safety and public awareness campaign as to the magnitude of the
573problem.
574     (b)  The department may authorize the expenditure of funds
575for the purchase of promotional items as part of the public
576information and education campaigns provided for in this
577subsection and ss. 316.614, 322.025, and 403.7145.
578     Section 19.  Section 316.6131, Florida Statutes, is created
579to read:
580     316.6131  Educational expenditures.--The department may
581authorize the expenditure of funds for the purchase of
582educational items as part of the public information and
583education campaigns promoting highway safety and awareness, as
584well as departmental community-based initiatives. Funds may be
585expended for, but are not limited to, educational campaigns
586provided in this chapter, chapters 320 and 322, and s. 403.7145.
587     Section 20.  Subsection (9) of section 316.650, Florida
588Statutes, is amended to read:
589     316.650  Traffic citations.--
590     (9)  Such citations shall not be admissible evidence in any
591trial, except when used as evidence of falsification, forgery,
592uttering, fraud, or perjury, or when used as physical evidence
593resulting from a forensic examination of the citation.
594     Section 21.  Section 317.0003, Florida Statutes, is
595amended, to read:
596     317.0003  Definitions.--As used in this chapter ss.
597317.0001-317.0013, the term:
598     (1)  "ATV" means any motorized off-highway or all-terrain
599vehicle 50 inches or less in width, having a dry weight of 900
600pounds or less, designed to travel on three or more low-pressure
601tires, having a seat designed to be straddled by the operator
602and handlebars for steering control, and intended for use by a
603single operator and with no passenger.
604     (2)  "Dealer" means any person authorized by the Department
605of Revenue to buy, sell, resell, or otherwise distribute off-
606highway vehicles. Such person must have a valid sales tax
607certificate of registration issued by the Department of Revenue
608and a valid commercial or occupational license required by any
609county, municipality, or political subdivision of the state in
610which the person operates.
611     (3)  "Department" means the Department of Highway Safety
612and Motor Vehicles.
613     (4)  "Florida resident" means a person who has had a
614principal place of domicile in this state for a period of more
615than 6 consecutive months, who has registered to vote in this
616state, who has made a statement of domicile pursuant to s.
617222.17, or who has filed for homestead tax exemption on property
618in this state.
619     (5)  "OHM" or "off-highway motorcycle" means any motor
620vehicle used off the roads or highways of this state that has a
621seat or saddle for the use of the rider and is designed to
622travel with not more than two wheels in contact with the ground,
623but excludes a tractor or a moped.
624     (6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
625OHM that is used off the roads or highways of this state for
626recreational purposes and that is not registered and licensed
627for highway use pursuant to chapter 320.
628     (7)  "Owner" means a person, other than a lienholder,
629having the property in or title to an off-highway vehicle,
630including a person entitled to the use or possession of an off-
631highway vehicle subject to an interest held by another person,
632reserved or created by agreement and securing payment of
633performance of an obligation, but the term excludes a lessee
634under a lease not intended as security.
635     (8)  "Public lands" means lands within the state that are
636available for public use and that are owned, operated, or
637managed by a federal, state, county, or municipal governmental
638entity.
639     (9)  "Two-rider ATV" means any ATV that is specifically
640designed by the manufacturer for a single operator and one
641passenger.
642     Section 22.  Subsection (1) of section 317.0004, Florida
643Statutes, is amended to read:
644     317.0004  Administration of off-highway vehicle titling
645laws; records.--
646     (1)  The administration of off-highway vehicle titling laws
647in this chapter ss. 317.0001-317.0013 is under the Department of
648Highway Safety and Motor Vehicles, which shall provide for the
649issuing, handling, and recording of all off-highway vehicle
650titling applications and certificates, including the receipt and
651accounting of off-highway vehicle titling fees. The provisions
652of chapter 319 are applicable to this chapter, unless otherwise
653explicitly stated.
654     Section 23.  Section 317.0005, Florida Statutes, is amended
655to read:
656     317.0005  Rules, forms, and notices.--
657     (1)  The department may adopt rules pursuant to ss.
658120.536(1) and 120.54, which pertain to off-highway vehicle
659titling, in order to implement the provisions of this chapter
660ss. 317.0001-317.0013 conferring duties upon it.
661     (2)  The department shall prescribe and provide suitable
662forms for applications and other notices and forms necessary to
663administer the provisions of this chapter ss. 317.0001-317.0013.
664     Section 24.  Subsection (1) of section 317.0006, Florida
665Statutes, is amended to read:
666     317.0006  Certificate of title required.--
667     (1)  Any off-highway vehicle that is purchased by a
668resident of this state after the effective date of this act or
669that is owned by a resident and is operated on the public lands
670of this state must be titled pursuant to this chapter ss.
671317.0001-317.0013.
672     Section 25.  Subsection (6) is added to section 317.0007,
673Florida Statutes, to read:
674     317.0007  Application for and issuance of certificate of
675title.--
676     (6)  In addition to a certificate of title, the department
677may issue a validation sticker to be placed on the off-highway
678vehicle as proof of the issuance of title required pursuant to
679s. 317.0006(1). A validation sticker that is lost or destroyed
680may, upon application, be replaced by the department or county
681tax collector. The department and county tax collector may
682charge and deposit the fees established in ss. 320.03(5),
683320.031, and 320.04 for all original and replacement decals.
684     Section 26.  Subsection (2) of section 317.0008, Florida
685Statutes, is repealed.
686     Section 27.  Section 317.0010, Florida Statutes, is amended
687to read:
688     317.0010  Disposition of fees.--The department shall
689deposit all funds received under this chapter ss.
690317.0001-317.0013, less administrative costs of $2 per title
691transaction, into the Incidental Trust Fund of the Division of
692Forestry of the Department of Agriculture and Consumer Services.
693     Section 28.  Subsection (3) of section 317.0012, Florida
694Statutes, is amended to read:
695     317.0012  Crimes relating to certificates of title;
696penalties.--
697     (3)  It is unlawful to:
698     (a)  Alter or forge any certificate of title to an off-
699highway vehicle or any assignment thereof or any cancellation of
700any lien on an off-highway vehicle.
701     (b)  Retain or use such certificate, assignment, or
702cancellation knowing that it has been altered or forged.
703     (c)  Use a false or fictitious name, give a false or
704fictitious address, or make any false statement in any
705application or affidavit required by this chapter ss. 317.0001-
706317.0013 or in a bill of sale or sworn statement of ownership or
707otherwise commit a fraud in any application.
708     (d)  Knowingly obtain goods, services, credit, or money by
709means of an invalid, duplicate, fictitious, forged, counterfeit,
710stolen, or unlawfully obtained certificate of title, bill of
711sale, or other indicia of ownership of an off-highway vehicle.
712     (e)  Knowingly obtain goods, services, credit, or money by
713means of a certificate of title to an off-highway vehicle which
714certificate is required by law to be surrendered to the
715department.
716
717Any person who violates this subsection commits a felony of the
718third degree, punishable as provided in s. 775.082, s. 775.083,
719or s. 775.084. A violation of this subsection with respect to
720any off-highway vehicle makes such off-highway vehicle
721contraband which may be seized by a law enforcement agency and
722forfeited under ss. 932.701-932.704.
723     Section 29.  Section 317.0013, Florida Statutes, is amended
724to read:
725     317.0013  Nonmoving traffic violations.--Any person who
726fails to comply with any provision of this chapter ss.
727317.0001-317.0012 for which a penalty is not otherwise provided
728commits a nonmoving traffic violation, punishable as provided in
729s. 318.18.
730     Section 30.  Section 317.0014, Florida Statutes, is created
731to read:
732     317.0014  Certificate of title; issuance in duplicate;
733delivery; liens and encumbrances.--
734     (1)  The department shall assign a number to each
735certificate of title and shall issue each certificate of title
736and each corrected certificate in duplicate. The database record
737shall serve as the duplicate title certificate required in this
738section. One printed copy may be retained on file by the
739department.
740     (2)  A duly authorized person shall sign the original
741certificate of title and each corrected certificate and, if
742there are no liens or encumbrances on the off-highway vehicle,
743as shown in the records of the department or as shown in the
744application, shall deliver the certificate to the applicant or
745to another person as directed by the applicant or person, agent,
746or attorney submitting the application. If there are one or more
747liens or encumbrances on the off-highway vehicle, the
748certificate shall be delivered by the department to the first
749lienholder as shown by department records or to the owner as
750indicated in the notice of lien filed by the first lienholder.
751If the notice of lien filed by the first lienholder indicates
752that the certificate should be delivered to the first
753lienholder, the department shall deliver to the first
754lienholder, along with the certificate, a form to be
755subsequently used by the lienholder as a satisfaction. If the
756notice of lien filed by the first lienholder directs the
757certificate of title to be delivered to the owner, then, upon
758delivery of the certificate of title by the department to the
759owner, the department shall deliver to the first lienholder
760confirmation of the receipt of the notice of lien and the date
761the certificate of title was issued to the owner at the owner's
762address shown on the notice of lien and a form to be
763subsequently used by the lienholder as a satisfaction. If the
764application for certificate shows the name of a first lienholder
765different from the name of the first lienholder as shown by the
766records of the department, the certificate may not be issued to
767any person until after all parties who appear to hold a lien and
768the applicant for the certificate have been notified of the
769conflict in writing by the department by certified mail. If the
770parties do not amicably resolve the conflict within 10 days
771after the date the notice was mailed, the department shall serve
772notice in writing by certified mail on all persons appearing to
773hold liens on that particular vehicle, including the applicant
774for the certificate, to show cause within 15 days following the
775date the notice is mailed as to why it should not issue and
776deliver the certificate to the person indicated in the notice of
777lien filed by the lienholder whose name appears in the
778application as the first lienholder without showing any lien or
779liens as outstanding other than those appearing in the
780application or those that have been filed subsequent to the
781filing of the application for the certificate. If, within the
78215-day period, any person other than the lienholder shown in the
783application or a party filing a subsequent lien, in answer to
784the notice to show cause, appears in person or by a
785representative, or responds in writing, and files a written
786statement under oath that his or her lien on that particular
787vehicle is still outstanding, the department may not issue the
788certificate to anyone until after the conflict has been settled
789by the lien claimants involved or by a court of competent
790jurisdiction. If the conflict is not settled amicably within 10
791days after the final date for filing an answer to the notice to
792show cause, the complaining party shall have 10 days in which to
793obtain a ruling, or a stay order, from a court of competent
794jurisdiction. If a ruling or stay order is not issued and served
795on the department within the 10-day period, it shall issue the
796certificate showing no liens except those shown in the
797application or thereafter filed to the original applicant if
798there are no liens shown in the application and none are
799thereafter filed, or to the person indicated in the notice of
800lien filed by the lienholder whose name appears in the
801application as the first lienholder if there are liens shown in
802the application or thereafter filed. A duplicate certificate or
803corrected certificate shall show only the lien or liens as shown
804in the application and any subsequently filed liens that may be
805outstanding.
806     (3)  Except as provided in subsection (4), the certificate
807of title shall be retained by the first lienholder or the owner
808as indicated in the notice of lien filed by the first
809lienholder. If the first lienholder is in possession of the
810certificate, the first lienholder is entitled to retain the
811certificate until the first lien is satisfied.
812     (4)  If the owner of the vehicle, as shown on the title
813certificate, desires to place a second or subsequent lien or
814encumbrance against the vehicle when the title certificate is in
815the possession of the first lienholder, the owner shall send a
816written request to the first lienholder by certified mail, and
817the first lienholder shall forward the certificate to the
818department for endorsement. If the title certificate is in the
819possession of the owner, the owner shall forward the certificate
820to the department for endorsement. The department shall return
821the certificate to either the first lienholder or to the owner,
822as indicated in the notice of lien filed by the first
823lienholder, after endorsing the second or subsequent lien on the
824certificate and on the duplicate. If the first lienholder or
825owner fails, neglects, or refuses to forward the certificate of
826title to the department within 10 days after the date of the
827owner's request, the department, on the written request of the
828subsequent lienholder or an assignee of the lien, shall demand
829of the first lienholder the return of the certificate for the
830notation of the second or subsequent lien or encumbrance.
831     (5)(a)  Upon satisfaction of any first lien or encumbrance
832recorded by the department, the owner of the vehicle, as shown
833on the title certificate, or the person satisfying the lien is
834entitled to demand and receive from the lienholder a
835satisfaction of the lien. If the lienholder, upon satisfaction
836of the lien and upon demand, fails or refuses to furnish a
837satisfaction of the lien within 30 days after demand, he or she
838is liable for all costs, damages, and expenses, including
839reasonable attorney's fees, lawfully incurred by the titled
840owner or person satisfying the lien in any suit brought in this
841state for cancellation of the lien. The lienholder receiving
842final payment as defined in s. 674.215 shall mail or otherwise
843deliver a lien satisfaction and the certificate of title
844indicating the satisfaction within 10 working days after receipt
845of final payment or notify the person satisfying the lien that
846the title is not available within 10 working days after receipt
847of final payment. If the lienholder is unable to provide the
848certificate of title and notifies the person of such, the
849lienholder shall provide a lien satisfaction and is responsible
850for the cost of a duplicate title, including expedited title
851charges as provided in s. 317.0016. This paragraph does not
852apply to electronic transactions under subsection (8).
853     (b)  Following satisfaction of a lien, the lienholder shall
854enter a satisfaction thereof in the space provided on the face
855of the certificate of title. If the certificate of title was
856retained by the owner, the owner shall, within 5 days after
857satisfaction of the lien, deliver the certificate of title to
858the lienholder and the lienholder shall enter a satisfaction
859thereof in the space provided on the face of the certificate of
860title. If no subsequent liens are shown on the certificate of
861title, the certificate shall be delivered by the lienholder to
862the person satisfying the lien or encumbrance and an executed
863satisfaction on a form provided by the department shall be
864forwarded to the department by the lienholder within 10 days
865after satisfaction of the lien.
866     (c)  If the certificate of title shows a subsequent lien
867not then being discharged, an executed satisfaction of the first
868lien shall be delivered by the lienholder to the person
869satisfying the lien and the certificate of title showing
870satisfaction of the first lien shall be forwarded by the
871lienholder to the department within 10 days after satisfaction
872of the lien.
873     (d)  If, upon receipt of a title certificate showing
874satisfaction of the first lien, the department determines from
875its records that there are no subsequent liens or encumbrances
876upon the vehicle, the department shall forward to the owner, as
877shown on the face of the title, a corrected certificate showing
878no liens or encumbrances. If there is a subsequent lien not
879being discharged, the certificate of title shall be reissued
880showing the second or subsequent lienholder as the first
881lienholder and shall be delivered to either the new first
882lienholder or to the owner as indicated in the notice of lien
883filed by the new first lienholder. If the certificate of title
884is to be retained by the first lienholder on the reissued
885certificate, the first lienholder is entitled to retain the
886certificate of title except as provided in subsection (4) until
887his or her lien is satisfied. Upon satisfaction of the lien, the
888lienholder is subject to the procedures required of a first
889lienholder by subsection (4) and this subsection.
890     (6)  When the original certificate of title cannot be
891returned to the department by the lienholder and evidence
892satisfactory to the department is produced that all liens or
893encumbrances have been satisfied, upon application by the owner
894for a duplicate copy of the certificate upon the form prescribed
895by the department, accompanied by the fee prescribed in this
896chapter, a duplicate copy of the certificate of title, without
897statement of liens or encumbrances, shall be issued by the
898department and delivered to the owner.
899     (7)  Any person who fails, within 10 days after receipt of
900a demand by the department by certified mail, to return a
901certificate of title to the department as required by subsection
902(4) or who, upon satisfaction of a lien, fails within 10 days
903after receipt of such demand to forward the appropriate document
904to the department as required by paragraph (5)(b) or paragraph
905(5)(c) commits a misdemeanor of the second degree, punishable as
906provided in s. 775.082 or s. 775.083.
907     (8)  Notwithstanding any requirements in this section or in
908s. 319.27 indicating that a lien on a vehicle shall be noted on
909the face of the Florida certificate of title, if there are one
910or more liens or encumbrances on the off-highway vehicle, the
911department may electronically transmit the lien to the first
912lienholder and notify the first lienholder of any additional
913liens. Subsequent lien satisfactions may be electronically
914transmitted to the department and must include the name and
915address of the person or entity satisfying the lien. When
916electronic transmission of liens and lien satisfactions are
917used, the issuance of a certificate of title may be waived until
918the last lien is satisfied and a clear certificate of title is
919issued to the owner of the vehicle.
920     (9)  In sending any notice, the department is required to
921use only the last known address, as shown by its records.
922     Section 31.  Section 317.0015, Florida Statutes, is created
923to read:
924     317.0015  Application of law.--Sections 319.235, 319.241,
925319.25, 319.27, 319.28, and 319.40 apply to all off-highway
926vehicles that are required to be titled under this chapter.
927     Section 32.  Section 317.0016, Florida Statutes, is created
928to read:
929     317.0016  Expedited service; applications; fees.--The
930department shall provide, through its agents and for use by the
931public, expedited service on title transfers, title issuances,
932duplicate titles, recordation of liens, and certificates of
933repossession. A fee of $7 shall be charged for this service,
934which is in addition to the fees imposed by ss. 317.0007 and
935317.0008, and $3.50 of this fee shall be retained by the
936processing agency. All remaining fees shall be deposited in the
937Incidental Trust Fund of the Division of Forestry of the
938Department of Agriculture and Consumer Services. Application for
939expedited service may be made by mail or in person. The
940department shall issue each title applied for pursuant to this
941section within 5 working days after receipt of the application
942except for an application for a duplicate title certificate
943covered by s. 317.0008(3), in which case the title must be
944issued within 5 working days after compliance with the
945department's verification requirements.
946     Section 33.  Section 317.0017, Florida Statutes, is created
947to read:
948     317.0017  Offenses involving vehicle identification
949numbers, applications, certificates, papers; penalty.--
950     (1)  A person may not:
951     (a)  Alter or forge any certificate of title to an off-
952highway vehicle or any assignment thereof or any cancellation of
953any lien on an off-highway vehicle.
954     (b)  Retain or use such certificate, assignment, or
955cancellation knowing that it has been altered or forged.
956     (c)  Procure or attempt to procure a certificate of title
957to an off-highway vehicle, or pass or attempt to pass a
958certificate of title or any assignment thereof to an off-highway
959vehicle, knowing or having reason to believe that the off-
960highway vehicle has been stolen.
961     (d)  Possess, sell or offer for sale, conceal, or dispose
962of in this state an off-highway vehicle, or major component part
963thereof, on which any motor number or vehicle identification
964number affixed by the manufacturer or by a state agency has been
965destroyed, removed, covered, altered, or defaced, with knowledge
966of such destruction, removal, covering, alteration, or
967defacement, except as provided in s. 319.30(4).
968     (e)  Use a false or fictitious name, give a false or
969fictitious address, or make any false statement in any
970application or affidavit required under this chapter or in a
971bill of sale or sworn statement of ownership or otherwise commit
972a fraud in any application.
973     (2)  A person may not knowingly obtain goods, services,
974credit, or money by means of an invalid, duplicate, fictitious,
975forged, counterfeit, stolen, or unlawfully obtained certificate
976of title, registration, bill of sale, or other indicia of
977ownership of an off-highway vehicle.
978     (3)  A person may not knowingly obtain goods, services,
979credit, or money by means of a certificate of title to an off-
980highway vehicle, which certificate is required by law to be
981surrendered to the department.
982     (4)  A person may not knowingly and with intent to defraud
983have in his or her possession, sell, offer to sell, counterfeit,
984or supply a blank, forged, fictitious, counterfeit, stolen, or
985fraudulently or unlawfully obtained certificate of title, bill
986of sale, or other indicia of ownership of an off-highway vehicle
987or conspire to do any of the foregoing.
988     (5)  A person, firm, or corporation may not knowingly
989possess, manufacture, sell or exchange, offer to sell or
990exchange, supply in blank, or give away any counterfeit
991manufacturer's or state-assigned identification number plates or
992serial plates or any decal used for the purpose of identifying
993an off-highway vehicle. An officer, agent, or employee of any
994person, firm, or corporation, or any person may not authorize,
995direct, aid in exchange, or give away, or conspire to authorize,
996direct, aid in exchange, or give away, such counterfeit
997manufacturer's or state-assigned identification number plates or
998serial plates or any decal. However, this subsection does not
999apply to any approved replacement manufacturer's or state-
1000assigned identification number plates or serial plates or any
1001decal issued by the department or any state.
1002     (6)  A person who violates any provision of this section
1003commits a felony of the third degree, punishable as provided in
1004s. 775.082, s. 775.083, or s. 775.084. Any off-highway vehicle
1005used in violation of this section constitutes contraband that
1006may be seized by a law enforcement agency and that is subject to
1007forfeiture proceedings pursuant to ss. 932.701-932.704. This
1008section is not exclusive of any other penalties prescribed by
1009any existing or future laws for the larceny or unauthorized
1010taking of off-highway vehicles, but is supplementary thereto.
1011     Section 34.  Section 317.0018, Florida Statutes, is created
1012to read:
1013     317.0018  Transfer without delivery of certificate;
1014operation or use without certificate; failure to surrender;
1015other violations.--Except as otherwise provided in this chapter,
1016any person who:
1017     (1)  Purports to sell or transfer an off-highway vehicle
1018without delivering to the purchaser or transferee of the vehicle
1019a certificate of title to the vehicle duly assigned to the
1020purchaser as provided in this chapter;
1021     (2)  Operates or uses in this state an off-highway vehicle
1022for which a certificate of title is required without the
1023certificate having been obtained in accordance with this
1024chapter, or upon which the certificate of title has been
1025canceled;
1026     (3)  Fails to surrender a certificate of title upon
1027cancellation of the certificate by the department and notice
1028thereof as prescribed in this chapter;
1029     (4)  Fails to surrender the certificate of title to the
1030department as provided in this chapter in the case of the
1031destruction, dismantling, or change of an off-highway vehicle in
1032such respect that it is not the off-highway vehicle described in
1033the certificate of title; or
1034     (5)  Violates any other provision of this chapter or a
1035lawful rule adopted pursuant to this chapter;
1036
1037shall be fined not more than $500 or imprisoned for not more
1038than 6 months, or both, for each offense, unless otherwise
1039specified.
1040     Section 35.  Section 318.1215, Florida Statutes, is amended
1041to read:
1042     318.1215  Dori Slosberg Driver Education Safety
1043Act.--Effective October 1, 2002, notwithstanding the provisions
1044of s. 318.121, a board of county commissioners may require, by
1045ordinance, that the clerk of the court collect an additional $3
1046with each civil traffic penalty, which shall be used to fund
1047driver traffic education programs in public and nonpublic
1048schools. The ordinance shall provide for the board of county
1049commissioners to administer the funds, which shall be used for
1050enhancement and not replacement of driver education program
1051funds. The funds shall be used for direct educational expenses
1052and shall not be used for administration. Each driver education
1053program receiving funds pursuant to this section shall require
1054that a minimum of 30 percent of a student's time in the program
1055shall consist of behind-the-wheel training. This section may be
1056cited as the "Dori Slosberg Driver Education Safety Act."
1057     Section 36.  Subsections (7), (9), and (10) of section
1058318.14, Florida Statutes, are amended to read:
1059     318.14  Noncriminal traffic infractions; exception;
1060procedures.--
1061     (7)(a)  The official having jurisdiction over the
1062infraction shall certify to the department within 10 days after
1063payment of the civil penalty that the defendant has admitted to
1064the infraction.  If the charge results in a hearing, the
1065official having jurisdiction shall certify to the department the
1066final disposition within 10 days after of the hearing. All
1067dispositions returned to the county requiring a correction shall
1068be resubmitted to the department within 10 days after the
1069notification of the error.
1070     (b)  If the official having jurisdiction over the traffic
1071infraction submits the final disposition to the department more
1072than 180 days after the final hearing or after payment of the
1073civil penalty, the department may modify any resulting
1074suspension or revocation action to begin as if the citation were
1075reported in a timely manner.
1076     (9)  Any person who does not hold a commercial driver's
1077license and who is cited for an infraction under this section
1078other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),
1079s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu
1080of a court appearance, elect to attend in the location of his or
1081her choice within this state a basic driver improvement course
1082approved by the Department of Highway Safety and Motor Vehicles.
1083In such a case, adjudication must be withheld; points, as
1084provided by s. 322.27, may not be assessed; and the civil
1085penalty that is imposed by s. 318.18(3) must be reduced by 18
1086percent; however, a person may not make an election under this
1087subsection if the person has made an election under this
1088subsection in the preceding 12 months. A person may make no more
1089than five elections under this subsection. The requirement for
1090community service under s. 318.18(8) is not waived by a plea of
1091nolo contendere or by the withholding of adjudication of guilt
1092by a court.
1093     (10)(a)  Any person who does not hold a commercial driver's
1094license and who is cited for an offense listed under this
1095subsection may, in lieu of payment of fine or court appearance,
1096elect to enter a plea of nolo contendere and provide proof of
1097compliance to the clerk of the court or authorized operator of a
1098traffic violations bureau. In such case, adjudication shall be
1099withheld; however, no election shall be made under this
1100subsection if such person has made an election under this
1101subsection in the 12 months preceding election hereunder. No
1102person may make more than three elections under this subsection.
1103This subsection applies to the following offenses:
1104     1.  Operating a motor vehicle without a valid driver's
1105license in violation of the provisions of s. 322.03, s. 322.065,
1106or s. 322.15(1), or operating a motor vehicle with a license
1107which has been suspended for failure to appear, failure to pay
1108civil penalty, or failure to attend a driver improvement course
1109pursuant to s. 322.291.
1110     2.  Operating a motor vehicle without a valid registration
1111in violation of s. 320.0605, s. 320.07, or s. 320.131.
1112     3.  Operating a motor vehicle in violation of s. 316.646.
1113     (b)  Any person cited for an offense listed in this
1114subsection shall present proof of compliance prior to the
1115scheduled court appearance date. For the purposes of this
1116subsection, proof of compliance shall consist of a valid,
1117renewed, or reinstated driver's license or registration
1118certificate and proper proof of maintenance of security as
1119required by s. 316.646. Notwithstanding waiver of fine, any
1120person establishing proof of compliance shall be assessed court
1121costs of $22, except that a person charged with violation of s.
1122316.646(1)-(3) may be assessed court costs of $7. One dollar of
1123such costs shall be remitted to the Department of Revenue for
1124deposit into the Child Welfare Training Trust Fund of the
1125Department of Children and Family Services. One dollar of such
1126costs shall be distributed to the Department of Juvenile Justice
1127for deposit into the Juvenile Justice Training Trust Fund.
1128Twelve dollars of such costs shall be distributed to the
1129municipality and $8 shall be deposited by the clerk of the court
1130into the fine and forfeiture fund established pursuant to s.
1131142.01, if the offense was committed within the municipality. If
1132the offense was committed in an unincorporated area of a county
1133or if the citation was for a violation of s. 316.646(1)-(3), the
1134entire amount shall be deposited by the clerk of the court into
1135the fine and forfeiture fund established pursuant to s. 142.01,
1136except for the moneys to be deposited into the Child Welfare
1137Training Trust Fund and the Juvenile Justice Training Trust
1138Fund. This subsection shall not be construed to authorize the
1139operation of a vehicle without a valid driver's license, without
1140a valid vehicle tag and registration, or without the maintenance
1141of required security.
1142     Section 37.  Subsection (6) of section 319.23, Florida
1143Statutes, is amended to read:
1144     319.23  Application for, and issuance of, certificate of
1145title.--
1146     (6)  In the case of the sale of a motor vehicle or mobile
1147home by a licensed dealer to a general purchaser, the
1148certificate of title shall be obtained in the name of the
1149purchaser by the dealer upon application signed by the
1150purchaser, and in each other case such certificate shall be
1151obtained by the purchaser.  In each case of transfer of a motor
1152vehicle or mobile home, the application for certificate of
1153title, or corrected certificate, or assignment or reassignment,
1154shall be filed within 30 days from the delivery of such motor
1155vehicle or mobile home to the purchaser.  An applicant shall be
1156required to pay a fee of $10, in addition to all other fees and
1157penalties required by law, for failing to file such application
1158within the specified time. When a licensed dealer acquires a
1159motor vehicle or mobile home as a trade-in, the dealer must file
1160with the department, within 30 days, a notice of sale signed by
1161the seller. The department shall update its database for that
1162title record to indicate "sold." A licensed dealer need not
1163apply for a certificate of title for any motor vehicle or mobile
1164home in stock acquired for stock purposes except as provided in
1165s. 319.225.
1166     Section 38.  Subsections (2) and (3) of section 319.27,
1167Florida Statutes, are amended to read:
1168     319.27  Notice of lien on motor vehicles or mobile homes;
1169notation on certificate; recording of lien.--
1170     (2)  No lien for purchase money or as security for a debt
1171in the form of a security agreement, retain title contract,
1172conditional bill of sale, chattel mortgage, or other similar
1173instrument or any other nonpossessory lien, including a lien for
1174child support, upon a motor vehicle or mobile home upon which a
1175Florida certificate of title has been issued shall be
1176enforceable in any of the courts of this state against creditors
1177or subsequent purchasers for a valuable consideration and
1178without notice, unless a sworn notice of such lien has been
1179filed in the department and such lien has been noted upon the
1180certificate of title of the motor vehicle or mobile home. Such
1181notice shall be effective as constructive notice when filed. No
1182interest of a statutory nonpossessory lienor; the interest of a
1183nonpossessory execution, attachment, or equitable lienor; or the
1184interest of a lien creditor as defined in s. 679.1021(1)(zz) s.
1185679.301(3), if nonpossessory, shall be enforceable against
1186creditors or subsequent purchasers for a valuable consideration
1187unless such interest becomes a possessory lien or is noted upon
1188the certificate of title for the subject motor vehicle or mobile
1189home prior to the occurrence of the subsequent transaction.  
1190Provided the provisions of this subsection relating to a
1191nonpossessory statutory lienor; a nonpossessory execution,
1192attachment, or equitable lienor; or the interest of a lien
1193creditor as defined in s. 679.1021(1)(zz) s. 679.301(3) shall
1194not apply to liens validly perfected prior to October 1, 1988.  
1195The notice of lien shall provide the following information:
1196     (a)  The date of the lien if a security agreement, retain
1197title contract, conditional bill of sale, chattel mortgage, or
1198other similar instrument was executed prior to the filing of the
1199notice of lien;
1200     (b)  The name and address of the registered owner;
1201     (c)  A description of the motor vehicle or mobile home,
1202showing the make, type, and vehicle identification number; and
1203     (d)  The name and address of the lienholder.
1204     (3)(a)  A person may file a notice of lien with regard to a
1205motor vehicle or mobile home before a security agreement, retain
1206title contract, conditional bill of sale, chattel mortgage, or
1207other similar instrument is executed granting a lien, mortgage,
1208or encumbrance on, or a security interest in, such motor vehicle
1209or mobile home.
1210     (b)  As applied to a determination of the respective rights
1211of a secured party under this chapter and a lien creditor as
1212defined by s. 679.1021(1)(zz) s. 679.301(3), or a nonpossessory
1213statutory lienor, a security interest under this chapter shall
1214be perfected upon the filing of the notice of lien with the
1215department, the county tax collector, or their agents. Provided,
1216however, the date of perfection of a security interest of such
1217secured party shall be the same date as the execution of the
1218security agreement or other similar instrument if the notice of
1219lien is filed in accordance with this subsection within 15 days
1220after the debtor receives possession of the motor vehicle or
1221mobile home and executes such security agreement or other
1222similar instrument. The date of filing of the notice of lien
1223shall be the date of its receipt by the department central
1224office in Tallahassee, if first filed there, or otherwise by the
1225office of the county tax collector, or their agents.
1226     Section 39.  Subsection (19) is added to section 320.02,
1227Florida Statutes, to read:
1228     320.02  Registration required; application for
1229registration; forms; withholding of registration.--
1230     (19)  The department is authorized to withhold registration
1231or renewal of registration of any motor vehicle if the name of
1232the owner or one of the coowners appears on a list that was
1233submitted to the department by a licensed motor vehicle dealer
1234showing that money is owed to the dealer for fees for a previous
1235registration. The motor vehicle dealer must maintain evidence
1236that the owner or coowner acknowledged the dealer's authority to
1237submit the list to the department if the owner or coowner failed
1238to pay and note the amount the owner or coowner would be
1239responsible to pay. The dealer must maintain the necessary
1240documentation required in this subsection or face penalties as
1241provided in s. 320.27. This subsection does not affect the
1242issuance of a title to a motor vehicle.
1243     (a)  If the motor vehicle owner or coowner has documentary
1244proof that the registration fees have been paid to the dealer
1245for the disputed amount, the motor vehicle owner or coowner may
1246dispute the claim that money is owed to a dealer for
1247registration fees by submitting a form to the department.
1248     (b)  If the motor vehicle owner's or coowner's dispute
1249complies with paragraph (a), the department shall immediately
1250remove the motor vehicle owner's or coowner's name from the
1251list, thereby allowing the issuance of a license plate or
1252revalidation sticker.
1253     Section 40.  Paragraph (b) of subsection (1) of section
1254320.06, Florida Statutes, is amended to read:
1255     320.06  Registration certificates, license plates, and
1256validation stickers generally.--
1257     (1)
1258     (b)  Registration license plates bearing a graphic symbol
1259and the alphanumeric system of identification shall be issued
1260for a 5-year period. At the end of said 5-year period, upon
1261renewal, the plate shall be replaced. The fee for such
1262replacement shall be $10, $2 of which shall be paid each year
1263before the plate is replaced, to be credited towards the next
1264$10 replacement fee. The fees shall be deposited into the
1265Highway Safety Operating Trust Fund. A credit or refund shall
1266not be given for any prior years' payments of such prorated
1267replacement fee when the plate is replaced or surrendered before
1268the end of the 5-year period, except that a credit may be given
1269when a registrant is required by the department to replace a
1270license plate under s. 320.08056(8)(a). With each license plate,
1271there shall be issued a validation sticker showing the owner's
1272birth month, license plate number, and the year of expiration or
1273the appropriate renewal period if the owner is not a natural
1274person. The validation sticker is to be placed on the upper
1275right corner of the license plate. Such license plate and
1276validation sticker shall be issued based on the applicant's
1277appropriate renewal period. The registration period shall be a
1278period of 12 months, and all expirations shall occur based on
1279the applicant's appropriate registration period. A vehicle with
1280an apportioned registration shall be issued an annual license
1281plate and a cab card that denote the declared gross vehicle
1282weight for each apportioned jurisdiction in which the vehicle is
1283authorized to operate.
1284     Section 41.  Section 320.0601, Florida Statutes, is amended
1285to read:
1286     320.0601  Lease and rental car companies; identification of
1287vehicles as for-hire.--
1288     (1)  A rental car company may not rent in this state any
1289for-hire vehicle, other than vehicles designed to transport
1290cargo, that has affixed to its exterior any bumper stickers,
1291insignias, or advertising that identifies the vehicle as a
1292rental vehicle.
1293     (2)  As used in this section, the term:
1294     (a)  "Bumper stickers, insignias, or advertising" does not
1295include:
1296     1.  Any emblem of no more than two colors which is less
1297than 2 inches by 4 inches, which is placed on the rental car for
1298inventory purposes only, and which does not display the name or
1299logo of the rental car company; or
1300     2.  Any license required by the law of the state in which
1301the vehicle is registered.
1302     (b)  "Rent in this state" means to sign a rental contract
1303in this state or to deliver a car to a renter in this state.
1304     (3)  A rental car company that leases a motor vehicle that
1305is found to be in violation of this section shall be punished by
1306a fine of $500 per occurrence.
1307     (4)  Any registration or renewal as required under s.
1308320.02 for an original or transfer of a long-term leased motor
1309vehicle must be in the name and address of the lessee.
1310     Section 42.  Section 320.0605, Florida Statutes, is amended
1311to read:
1312     320.0605  Certificate of registration; possession required;
1313exception.--The registration certificate or an official copy
1314thereof, a true copy of a rental or lease agreement issued for a
1315motor vehicle or issued for a replacement vehicle in the same
1316registration period, a temporary receipt printed upon self-
1317initiated electronic renewal of a registration via the Internet,
1318or a cab card issued for a vehicle registered under the
1319International Registration Plan shall, at all times while the
1320vehicle is being used or operated on the roads of this state, be
1321in the possession of the operator thereof or be carried in the
1322vehicle for which issued and shall be exhibited upon demand of
1323any authorized law enforcement officer or any agent of the
1324department, except for a vehicle registered under s. 320.0657.
1325The provisions of this section do not apply during the first 30
1326days after purchase of a replacement vehicle. A violation of
1327this section is a noncriminal traffic infraction, punishable as
1328a nonmoving violation as provided in chapter 318.
1329     Section 43.  Paragraph (c) of subsection (56) of section
1330320.08058, Florida Statutes, is amended to read:
1331     320.08058  Specialty license plates.--
1332     (56)  ANIMAL FRIEND LICENSE PLATES.--
1333     (c)  After the department has recovered all startup costs
1334for developing and issuing the plates, the annual use fees shall
1335be distributed to the Humane Society of the United States for
1336animal welfare programs and spay and neuter programs in the
1337state.
1338     Section 44.  Section 320.0843, Florida Statutes, is amended
1339to read:
1340     320.0843  License plates for persons with disabilities
1341eligible for permanent disabled parking permits.--
1342     (1)  Any owner or lessee of a motor vehicle who resides in
1343this state and qualifies for a disabled parking permit under s.
1344320.0848(2), upon application to the department and payment of
1345the license tax for a motor vehicle registered under s.
1346320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
1347(9)(c) or (d), shall be issued a license plate as provided by s.
1348320.06 which, in lieu of the serial number prescribed by s.
1349320.06, shall be stamped with the international wheelchair user
1350symbol after the serial number of the license plate.  The
1351license plate entitles the person to all privileges afforded by
1352a parking permit issued under s. 320.0848. When more that one
1353registrant is listed on the registration issued under this
1354section, the eligible applicant shall be noted on the
1355registration certificate.
1356     (2)  All applications for such license plates must be made
1357to the department.
1358     Section 45.  Paragraph (a) of subsection (1) of section
1359320.089, Florida Statutes, is amended to read:
1360     320.089  Members of National Guard and active United States
1361Armed Forces reservists; former prisoners of war; survivors of
1362Pearl Harbor; Purple Heart medal recipients; special license
1363plates; fee.--
1364     (1)(a)  Each owner or lessee of an automobile or truck for
1365private use or recreational vehicle as specified in s.
1366320.08(9)(c) or (d), which is not used for hire or commercial
1367use, who is a resident of the state and an active or retired
1368member of the Florida National Guard, a survivor of the attack
1369on Pearl Harbor, a recipient of the Purple Heart medal, or an
1370active or retired member of any branch of the United States
1371Armed Forces Reserve shall, upon application to the department,
1372accompanied by proof of active membership or retired status in
1373the Florida National Guard, proof of membership in the Pearl
1374Harbor Survivors Association or proof of active military duty in
1375Pearl Harbor on December 7, 1941, proof of being a Purple Heart
1376medal recipient, or proof of active or retired membership in any
1377branch of the Armed Forces Reserve, and upon payment of the
1378license tax for the vehicle as provided in s. 320.08, be issued
1379a license plate as provided by s. 320.06, upon which, in lieu of
1380the serial numbers prescribed by s. 320.06, shall be stamped the
1381words "National Guard," "Pearl Harbor Survivor," "Combat-wounded
1382veteran," or "U.S. Reserve," as appropriate, followed by the
1383serial number of the license plate. Additionally, the Purple
1384Heart plate may have the words "Purple Heart" stamped on the
1385plate and the likeness of the Purple Heart medal appearing on
1386the plate.
1387     Section 46.  Subsection (8) is added to section 320.131,
1388Florida Statutes, to read:
1389     320.131  Temporary tags.--
1390     (8)  The department may administer an electronic system for
1391licensed motor vehicle dealers to use in issuing temporary
1392license plates. Upon issuing a temporary license plate, the
1393dealer shall access the electronic system and enter the
1394appropriate vehicle and owner information within the timeframe
1395specified by department rule. If a dealer fails to comply with
1396the department's requirements for issuing temporary license
1397plates using the electronic system, the department may deny,
1398suspend, or revoke a license under s. 320.27(9)(b)16. upon proof
1399that the licensee has failed to comply with the department's
1400requirements. The department may adopt rules pursuant to ss.
1401120.536(1) and 120.54 to administer the provisions of this
1402subsection.
1403     Section 47.  Subsection (1) of section 320.18, Florida
1404Statutes, is amended to read:
1405     320.18  Withholding registration.--
1406     (1)  The department may withhold the registration of any
1407motor vehicle or mobile home the owner of which has failed to
1408register it under the provisions of law for any previous period
1409or periods for which it appears registration should have been
1410made in this state, until the tax for such period or periods is
1411paid. The department may cancel any vehicle or vessel
1412registration, driver's license, identification card, license
1413plate or fuel-use tax decal if the owner pays for the vehicle or
1414vessel registration, driver's license, identification card, or
1415license plate, fuel-use tax decal; pays any administrative,
1416delinquency, or reinstatement fee;, or pays any tax liability,
1417penalty, or interest specified in chapter 207 by a dishonored
1418check, or if the vehicle owner or motor carrier has failed to
1419pay a penalty for a weight or safety violation issued by the
1420Department of Transportation Motor Carrier Compliance Office.
1421The Department of Transportation and the Department of Highway
1422Safety and Motor Vehicles may impound any commercial motor
1423vehicle that has a canceled license plate or fuel-use tax decal
1424until the tax liability, penalty, and interest specified in
1425chapter 207, the license tax, or the fuel-use decal fee, and
1426applicable administrative fees have been paid for by certified
1427funds.
1428     Section 48.  Paragraph (a) of subsection (4), subsection
1429(6), and paragraph (b) of subsection (9) of section 320.27,
1430Florida Statutes, are amended to read:
1431     320.27  Motor vehicle dealers.--
1432     (4)  LICENSE CERTIFICATE.--
1433     (a)  A license certificate shall be issued by the
1434department in accordance with such application when the
1435application is regular in form and in compliance with the
1436provisions of this section. The license certificate may be in
1437the form of a document or a computerized card as determined by
1438the department. The actual cost of each original, additional, or
1439replacement computerized card shall be borne by the licensee and
1440is in addition to the fee for licensure. Such license, when so
1441issued, entitles the licensee to carry on and conduct the
1442business of a motor vehicle dealer.  Each license issued to a
1443franchise motor vehicle dealer expires annually on December 31
1444unless revoked or suspended prior to that date.  Each license
1445issued to an independent or wholesale dealer or auction expires
1446annually on April 30 unless revoked or suspended prior to that
1447date. Not less than 60 days prior to the license expiration
1448date, the department shall deliver or mail to each licensee the
1449necessary renewal forms. Each independent dealer shall certify
1450that the dealer principal (owner, partner, officer of the
1451corporation, or director) has completed 8 hours of continuing
1452education prior to filing the renewal forms with the department.
1453Such certification shall be filed once every 2 years commencing
1454with the 2006 renewal period. The continuing education shall
1455include at least 2 hours of legal or legislative issues, 1 hour
1456of department issues, and 5 hours of relevant motor vehicle
1457industry topics. Continuing education shall be provided by
1458dealer schools licensed under paragraph (b) either in a
1459classroom setting or by correspondence. Such schools shall
1460provide certificates of completion to the department and the
1461customer which shall be filed with the license renewal form, and
1462such schools may charge a fee for providing continuing
1463education. Any licensee who does not file his or her application
1464and fees and any other requisite documents, as required by law,
1465with the department at least 30 days prior to the license
1466expiration date shall cease to engage in business as a motor
1467vehicle dealer on the license expiration date. A renewal filed
1468with the department within 45 days after the expiration date
1469shall be accompanied by a delinquent fee of $100. Thereafter, a
1470new application is required, accompanied by the initial license
1471fee. A license certificate duly issued by the department may be
1472modified by endorsement to show a change in the name of the
1473licensee, provided, as shown by affidavit of the licensee, the
1474majority ownership interest of the licensee has not changed or
1475the name of the person appearing as franchisee on the sales and
1476service agreement has not changed. Modification of a license
1477certificate to show any name change as herein provided shall not
1478require initial licensure or reissuance of dealer tags; however,
1479any dealer obtaining a name change shall transact all business
1480in and be properly identified by that name. All documents
1481relative to licensure shall reflect the new name. In the case of
1482a franchise dealer, the name change shall be approved by the
1483manufacturer, distributor, or importer. A licensee applying for
1484a name change endorsement shall pay a fee of $25 which fee shall
1485apply to the change in the name of a main location and all
1486additional locations licensed under the provisions of subsection
1487(5). Each initial license application received by the department
1488shall be accompanied by verification that, within the preceding
14896 months, the applicant, or one or more of his or her designated
1490employees, has attended a training and information seminar
1491conducted by a licensed motor vehicle dealer training school the
1492department. Such seminar shall include, but is not limited to,
1493statutory dealer requirements, which requirements include
1494required bookkeeping and recordkeeping procedures, requirements
1495for the collection of sales and use taxes, and such other
1496information that in the opinion of the department will promote
1497good business practices. No seminar may exceed 8 hours in
1498length.
1499     (6)  RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall
1500keep a book or record in such form as shall be prescribed or
1501approved by the department for a period of 5 years, in which the
1502licensee shall keep a record of the purchase, sale, or exchange,
1503or receipt for the purpose of sale, of any motor vehicle, the
1504date upon which any temporary tag was issued, the date of title
1505transfer, and a description of such motor vehicle together with
1506the name and address of the seller, the purchaser, and the
1507alleged owner or other person from whom such motor vehicle was
1508purchased or received or to whom it was sold or delivered, as
1509the case may be. Such description shall include the
1510identification or engine number, maker's number, if any, chassis
1511number, if any, and such other numbers or identification marks
1512as may be thereon and shall also include a statement that a
1513number has been obliterated, defaced, or changed, if such is the
1514fact.
1515     (9)  DENIAL, SUSPENSION, OR REVOCATION.--
1516     (b)  The department may deny, suspend, or revoke any
1517license issued hereunder or under the provisions of s. 320.77 or
1518s. 320.771 upon proof that a licensee has committed, with
1519sufficient frequency so as to establish a pattern of wrongdoing
1520on the part of a licensee, violations of one or more of the
1521following activities:
1522     1.  Representation that a demonstrator is a new motor
1523vehicle, or the attempt to sell or the sale of a demonstrator as
1524a new motor vehicle without written notice to the purchaser that
1525the vehicle is a demonstrator. For the purposes of this section,
1526a "demonstrator," a "new motor vehicle," and a "used motor
1527vehicle" shall be defined as under s. 320.60.
1528     2.  Unjustifiable refusal to comply with a licensee's
1529responsibility under the terms of the new motor vehicle warranty
1530issued by its respective manufacturer, distributor, or importer.
1531However, if such refusal is at the direction of the
1532manufacturer, distributor, or importer, such refusal shall not
1533be a ground under this section.
1534     3.  Misrepresentation or false, deceptive, or misleading
1535statements with regard to the sale or financing of motor
1536vehicles which any motor vehicle dealer has, or causes to have,
1537advertised, printed, displayed, published, distributed,
1538broadcast, televised, or made in any manner with regard to the
1539sale or financing of motor vehicles.
1540     4.  Failure by any motor vehicle dealer to provide a
1541customer or purchaser with an odometer disclosure statement and
1542a copy of any bona fide written, executed sales contract or
1543agreement of purchase connected with the purchase of the motor
1544vehicle purchased by the customer or purchaser.
1545     5.  Failure of any motor vehicle dealer to comply with the
1546terms of any bona fide written, executed agreement, pursuant to
1547the sale of a motor vehicle.
1548     6.  Failure to apply for transfer of a title as prescribed
1549in s. 319.23(6).
1550     7.  Use of the dealer license identification number by any
1551person other than the licensed dealer or his or her designee.
1552     8.  Failure to continually meet the requirements of the
1553licensure law.
1554     9.  Representation to a customer or any advertisement to
1555the public representing or suggesting that a motor vehicle is a
1556new motor vehicle if such vehicle lawfully cannot be titled in
1557the name of the customer or other member of the public by the
1558seller using a manufacturer's statement of origin as permitted
1559in s. 319.23(1).
1560     10.  Requirement by any motor vehicle dealer that a
1561customer or purchaser accept equipment on his or her motor
1562vehicle which was not ordered by the customer or purchaser.
1563     11.  Requirement by any motor vehicle dealer that any
1564customer or purchaser finance a motor vehicle with a specific
1565financial institution or company.
1566     12.  Requirement by any motor vehicle dealer that the
1567purchaser of a motor vehicle contract with the dealer for
1568physical damage insurance.
1569     13.  Perpetration of a fraud upon any person as a result of
1570dealing in motor vehicles, including, without limitation, the
1571misrepresentation to any person by the licensee of the
1572licensee's relationship to any manufacturer, importer, or
1573distributor.
1574     14.  Violation of any of the provisions of s. 319.35 by any
1575motor vehicle dealer.
1576     15.  Sale by a motor vehicle dealer of a vehicle offered in
1577trade by a customer prior to consummation of the sale, exchange,
1578or transfer of a newly acquired vehicle to the customer, unless
1579the customer provides written authorization for the sale of the
1580trade-in vehicle prior to delivery of the newly acquired
1581vehicle.
1582     16.  Willful failure to comply with any administrative rule
1583adopted by the department or the provisions of s. 320.131(8).
1584     17.  Violation of chapter 319, this chapter, or ss.
1585559.901-559.9221, which has to do with dealing in or repairing
1586motor vehicles or mobile homes. Additionally, in the case of
1587used motor vehicles, the willful violation of the federal law
1588and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1589the consumer sales window form.
1590     18.  Failure to maintain evidence of notification to the
1591owner or coowner of a vehicle regarding registration or titling
1592fees owed as required under s. 320.02(19).
1593     Section 49.  Subsections (8), (10), and (29) of section
1594322.01, Florida Statutes, are amended to read:
1595     322.01  Definitions.--As used in this chapter:
1596     (8)  "Commercial motor vehicle" means any motor vehicle or
1597motor vehicle combination used on the streets or highways,
1598which:
1599     (a)  Has a gross vehicle weight rating of 26,001 pounds or
1600more;
1601     (b)  Has a declared weight of 26,001 pounds or more;
1602     (c)  Has an actual weight of 26,001 pounds or more;
1603     (b)(d)  Is designed to transport more than 15 persons,
1604including the driver; or
1605     (c)(e)  Is transporting hazardous materials and is required
1606to be placarded in accordance with Title 49 C.F.R. part 172,
1607subpart F.
1608     (10)(a)  "Conviction" means a conviction of an offense
1609relating to the operation of motor vehicles on highways which is
1610a violation of this chapter or any other such law of this state
1611or any other state, including an admission or determination of a
1612noncriminal traffic infraction pursuant to s. 318.14, or a
1613judicial disposition of an offense committed under any federal
1614law substantially conforming to the aforesaid state statutory
1615provisions.
1616     (b)  Notwithstanding any other provisions of this chapter,
1617the definition of "conviction" provided in 49 C.F.R. part 383.5
1618applies to offenses committed in a commercial motor vehicle.
1619     (29)  "Out-of-service order" means a prohibition issued by
1620an authorized local, state, or Federal Government official which
1621that precludes a person from driving a commercial motor vehicle
1622for a period of 72 hours or less.
1623     Section 50.  Subsections (4) and (10) of section 322.05,
1624Florida Statutes, are amended to read:
1625     322.05  Persons not to be licensed.--The department may not
1626issue a license:
1627     (4)  Except as provided by this subsection, to any person,
1628as a Class A licensee, Class B licensee, or Class C licensee, or
1629Class D licensee, who is under the age of 18 years. A person age
163016 or 17 years who applies for a Class D driver's license is
1631subject to all the requirements and provisions of paragraphs
1632(2)(a) and (b) and ss. 322.09 and 322.16(2) and (3). The
1633department may require of any such applicant for a Class D
1634driver's license such examination of the qualifications of the
1635applicant as the department considers proper, and the department
1636may limit the use of any license granted as it considers proper.
1637     (10)  To any person, when the department has good cause to
1638believe that the operation of a motor vehicle on the highways by
1639such person would be detrimental to public safety or welfare.
1640Deafness alone shall not prevent the person afflicted from being
1641issued a Class D or Class E driver's license.
1642     Section 51.  Paragraph (a) of subsection (1) and paragraphs
1643(b) and (c) of subsection (2) of section 322.051, Florida
1644Statutes, are amended, and subsection (8) is added to that
1645section, to read:
1646     322.051  Identification cards.--
1647     (1)  Any person who is 12 years of age or older, or any
1648person who has a disability, regardless of age, who applies for
1649a disabled parking permit under s. 320.0848, may be issued an
1650identification card by the department upon completion of an
1651application and payment of an application fee.
1652     (a)  Each such application shall include the following
1653information regarding the applicant:
1654     1.  Full name (first, middle or maiden, and last), gender,
1655social security card number, county of residence and mailing
1656address, country of birth, and a brief description.
1657     2.  Proof of birth date satisfactory to the department.
1658     3.  Proof of identity satisfactory to the department. Such
1659proof must include one of the following documents issued to the
1660applicant:
1661     a.  A driver's license record or identification card record
1662from another jurisdiction that required the applicant to submit
1663a document for identification which is substantially similar to
1664a document required under sub-subparagraph b., sub-subparagraph
1665c., sub-subparagraph d., sub-subparagraph e., or sub-
1666subparagraph f., or sub-subparagraph g.;
1667     b.  A certified copy of a United States birth certificate;
1668     c.  A valid United States passport;
1669     d.  A naturalization certificate issued by the United
1670States Department of Homeland Security;
1671     e.d.  An alien registration receipt card (green card);
1672     f.e.  An employment authorization card issued by the United
1673States Department of Homeland Security; or
1674     g.f.  Proof of nonimmigrant classification provided by the
1675United States Department of Homeland Security, for an original
1676identification card. In order to prove such nonimmigrant
1677classification, applicants may produce but are not limited to
1678the following documents:
1679     (I)  A notice of hearing from an immigration court
1680scheduling a hearing on any proceeding.
1681     (II)  A notice from the Board of Immigration Appeals
1682acknowledging pendency of an appeal.
1683     (III)  Notice of the approval of an application for
1684adjustment of status issued by the United States Bureau of
1685Citizenship and Immigration Services.
1686     (IV)  Any official documentation confirming the filing of a
1687petition for asylum status or any other relief issued by the
1688United States Bureau of Citizenship and Immigration Services.
1689     (V)  Notice of action transferring any pending matter from
1690another jurisdiction to Florida, issued by the United States
1691Bureau of Citizenship and Immigration Services.
1692     (VI)  Order of an immigration judge or immigration officer
1693granting any relief that authorizes the alien to live and work
1694in the United States including, but not limited to asylum.
1695
1696Presentation of any of the foregoing documents described in sub-
1697subparagraph f. or sub-subparagraph g. entitles shall entitle
1698the applicant to an identification card a driver's license or
1699temporary permit for a period not to exceed the expiration date
1700of the document presented or 2 years, whichever first occurs.
1701     (2)
1702     (b)  Notwithstanding any other provision of this chapter,
1703if an applicant establishes his or her identity for an
1704identification card using a document authorized under sub-
1705subparagraph (1)(a)3.e. (1)(a)3.d., the identification card
1706shall expire on the fourth birthday of the applicant following
1707the date of original issue or upon first renewal or duplicate
1708issued after implementation of this section. After an initial
1709showing of such documentation, he or she is exempted from having
1710to renew or obtain a duplicate in person.
1711     (c)  Notwithstanding any other provisions of this chapter,
1712if an applicant establishes his or her identity for an
1713identification card using an identification document authorized
1714under sub-subparagraph (1)(a)3.f. or sub-subparagraph (1)(a)3.g.
1715sub-subparagraphs (1)(a)3.e.-f., the identification card shall
1716expire 2 years after the date of issuance or upon the expiration
1717date cited on the United States Department of Homeland Security
1718documents, whichever date first occurs, and may not be renewed
1719or obtain a duplicate except in person.
1720     (8)  The department shall, upon receipt of the required
1721fee, issue to each qualified applicant for an identification
1722card a color photographic or digital image identification card
1723bearing a fullface photograph or digital image of the
1724identification cardholder. Notwithstanding chapter 761 or s.
1725761.05, the requirement for a fullface photograph or digital
1726image of the identification cardholder may not be waived. A
1727space shall be provided upon which the identification cardholder
1728shall affix his or her usual signature, as required in s.
1729322.14, in the presence of an authorized agent of the department
1730so as to ensure that such signature becomes a part of the
1731identification card.
1732     Section 52.  Subsections (2) and (3) of section 322.07,
1733Florida Statutes, are amended to read:
1734     322.07  Instruction permits and temporary licenses.--
1735     (2)  The department may, in its discretion, issue a
1736temporary permit to an applicant for a Class D or Class E
1737driver's license permitting him or her to operate a motor
1738vehicle of the type for which a Class D or Class E driver's
1739license is required while the department is completing its
1740investigation and determination of all facts relative to such
1741applicant's right to receive a driver's license.  Such permit
1742must be in his or her immediate possession while operating a
1743motor vehicle, and it shall be invalid when the applicant's
1744license has been issued or for good cause has been refused.
1745     (3)  Any person who, except for his or her lack of
1746instruction in operating a Class D or commercial motor vehicle,
1747would otherwise be qualified to obtain a Class D or commercial
1748driver's license under this chapter, may apply for a temporary
1749Class D or temporary commercial instruction permit. The
1750department shall issue such a permit entitling the applicant,
1751while having the permit in his or her immediate possession, to
1752drive a Class D or commercial motor vehicle on the highways,
1753provided that:
1754     (a)  The applicant possesses a valid driver's license
1755issued in any state; and
1756     (b)  The applicant, while operating a Class D or commercial
1757motor vehicle, is accompanied by a licensed driver who is 21
1758years of age or older, who is licensed to operate the class of
1759vehicle being operated, and who is actually occupying the
1760closest seat to the right of the driver.
1761     Section 53.  Subsection (2) and paragraph (d) of subsection
1762(6) of section 322.08, Florida Statutes, are amended to read:
1763     322.08  Application for license.--
1764     (2)  Each such application shall include the following
1765information regarding the applicant:
1766     (a)  Full name (first, middle or maiden, and last), gender,
1767social security card number, county of residence and mailing
1768address, country of birth, and a brief description.
1769     (b)  Proof of birth date satisfactory to the department.
1770     (c)  Proof of identity satisfactory to the department. Such
1771proof must include one of the following documents issued to the
1772applicant:
1773     1.  A driver's license record or identification card record
1774from another jurisdiction that required the applicant to submit
1775a document for identification which is substantially similar to
1776a document required under subparagraph 2., subparagraph 3.,
1777subparagraph 4., subparagraph 5., or subparagraph 6., or
1778subparagraph 7.;
1779     2.  A certified copy of a United States birth certificate;
1780     3.  A valid United States passport;
1781     4.  A naturalization certificate issued by the United
1782States Department of Homeland Security;
1783     5.4.  An alien registration receipt card (green card);
1784     6.5.  An employment authorization card issued by the United
1785States Department of Homeland Security; or
1786     7.6.  Proof of nonimmigrant classification provided by the
1787United States Department of Homeland Security, for an original
1788driver's license. In order to prove nonimmigrant classification,
1789an applicant may produce the following documents, including, but
1790not limited to:
1791     a.  A notice of hearing from an immigration court
1792scheduling a hearing on any proceeding.
1793     b.  A notice from the Board of Immigration Appeals
1794acknowledging pendency of an appeal.
1795     c.  A notice of the approval of an application for
1796adjustment of status issued by the United States Immigration and
1797Naturalization Service.
1798     d.  Any official documentation confirming the filing of a
1799petition for asylum status or any other relief issued by the
1800United States Immigration and Naturalization Service.
1801     e.  A notice of action transferring any pending matter from
1802another jurisdiction to this state issued by the United States
1803Immigration and Naturalization Service.
1804     f.  An order of an immigration judge or immigration officer
1805granting any relief that authorizes the alien to live and work
1806in the United States, including, but not limited to, asylum.
1807
1808Presentation of any of the documents in subparagraph 6. or
1809subparagraph 7. entitles the applicant to a driver's license or
1810temporary permit for a period not to exceed the expiration date
1811of the document presented or 2 years, whichever occurs first.
1812     (d)  Whether the applicant has previously been licensed to
1813drive, and, if so, when and by what state, and whether any such
1814license or driving privilege has ever been disqualified,
1815revoked, or suspended, or whether an application has ever been
1816refused, and, if so, the date of and reason for such
1817disqualification, suspension, revocation, or refusal.
1818     (e)  Each such application may include fingerprints and
1819other unique biometric means of identity.
1820     (6)  The application form for a driver's license or
1821duplicate thereof shall include language permitting the
1822following:
1823     (d)  A voluntary contribution of $2 per applicant, which
1824shall be distributed to the Hearing Research Institute,
1825Incorporated, for the purpose of infant hearing screening in
1826Florida.
1827
1828A statement providing an explanation of the purpose of the trust
1829funds shall also be included. For the purpose of applying the
1830service charge provided in s. 215.20, contributions received
1831under paragraphs (c), (d), and (e) and under s. 322.18(9)(a) are
1832not income of a revenue nature.
1833     Section 54.  Paragraph (a) of subsection (1) of section
1834322.09, Florida Statutes, is amended to read:
1835     322.09  Application of minors; responsibility for
1836negligence or misconduct of minor.--
1837     (1)(a)  The application of any person under the age of 18
1838years for a driver's license must be signed and verified before
1839a person authorized to administer oaths by the father, mother,
1840or guardian; by a secondary guardian if the primary guardian
1841dies before the minor reaches 18 years of age;, or, if there is
1842no parent or guardian, by another responsible adult who is
1843willing to assume the obligation imposed under this chapter upon
1844a person signing the application of a minor.  This section does
1845not apply to a person under the age of 18 years who is
1846emancipated by marriage.
1847     Section 55.  Section 322.11, Florida Statutes, is amended
1848to read:
1849     322.11  Revocation of license upon death of person signing
1850minor's application.--The department, upon receipt of
1851satisfactory evidence of the death of the person who signed the
1852application of a minor for a license, shall, 90 days after
1853giving written notice to the minor, cancel such license and may
1854shall not issue a new license until such time as the new
1855application, duly signed and verified, is made as required by
1856this chapter.  This provision does shall not apply if in the
1857event the minor has attained the age of 18 years.
1858     Section 56.  Subsection (3) of section 322.12, Florida
1859Statutes, is amended to read:
1860     322.12  Examination of applicants.--
1861     (3)  For an applicant for a Class D or a Class E driver's
1862license, such examination shall include a test of the
1863applicant's eyesight given by the driver's license examiner
1864designated by the department or by a licensed ophthalmologist,
1865optometrist, or physician and a test of the applicant's hearing
1866given by a driver's license examiner or a licensed physician.  
1867The examination shall also include a test of the applicant's
1868ability to read and understand highway signs regulating,
1869warning, and directing traffic; his or her knowledge of the
1870traffic laws of this state, including laws regulating driving
1871under the influence of alcohol or controlled substances, driving
1872with an unlawful blood-alcohol level, and driving while
1873intoxicated; and his or her knowledge of the effects of alcohol
1874and controlled substances upon persons and the dangers of
1875driving a motor vehicle while under the influence of alcohol or
1876controlled substances and shall include an actual demonstration
1877of ability to exercise ordinary and reasonable control in the
1878operation of a motor vehicle.
1879     Section 57.  Subsections (1) and (4) of section 322.135,
1880Florida Statutes, are amended, and subsection (9) is added to
1881that section, to read:
1882     322.135  Driver's license agents.--
1883     (1)  The department may, upon application, authorize any or
1884all of the tax collectors in the several counties of the state,
1885subject to the requirements of law, in accordance with rules of
1886the department, to serve as its agent for the provision of
1887specified driver's license services.
1888     (a)  Any authorized agent shall provide all services
1889available from a state facility as deemed appropriate by the
1890department. These services shall be limited to the issuance of
1891driver's licenses and identification cards as authorized by this
1892chapter.
1893     (b)  Each tax collector who is authorized by the department
1894to provide driver's license services shall bear all costs
1895associated with providing those services.
1896     (c)  A fee of $5.25 is to be charged, in addition to the
1897fees set forth in this chapter, for any driver's license issued
1898or renewed by a tax collector. One dollar of the $5.25 fee must
1899be deposited into the Highway Safety Operating Trust Fund.
1900     (4)  A tax collector may not issue or renew a driver's
1901license if he or she has any reason to believe that the licensee
1902or prospective licensee is physically or mentally unqualified to
1903operate a motor vehicle. The tax collector may shall direct any
1904such licensee to the department for examination or reexamination
1905under s. 322.221.
1906     (9)  Notwithstanding chapter 116, each county officer
1907within this state who is authorized to collect funds provided
1908for in this chapter shall pay all sums officially received by
1909the officer into the State Treasury no later than 5 working days
1910after the close of the business day in which the officer
1911received the funds. Payment by county officers to the state
1912shall be made by means of electronic funds transfers.
1913     Section 58.  Subsection (1) of section 322.142, Florida
1914Statutes, is amended to read:
1915     322.142  Color photographic or digital imaged licenses.--
1916     (1)  The department shall, upon receipt of the required
1917fee, issue to each qualified applicant for a an original
1918driver's license a color photographic or digital imaged driver's
1919license bearing a fullface photograph or digital image of the
1920licensee. Notwithstanding chapter 761 or s. 761.05, the
1921requirement for a fullface photograph or digital image of the
1922licensee may not be waived. A space shall be provided upon which
1923the licensee shall affix his or her usual signature, as required
1924in s. 322.14, in the presence of an authorized agent of the
1925department so as to ensure that such signature becomes a part of
1926the license.
1927     Section 59.  Section 322.161, Florida Statutes, is amended
1928to read:
1929     322.161  High-risk drivers; restricted licenses.--
1930     (1)(a)  Notwithstanding any provision of law to the
1931contrary, the department shall restrict the driving privilege of
1932any Class D or Class E licensee who is age 15 through 17 and who
1933has accumulated six or more points pursuant to s. 318.14,
1934excluding parking violations, within a 12-month period.
1935     (2)(a)  Any Class E licensee who is age 15 through 17 and
1936who has accumulated six or more points pursuant to s. 318.14,
1937excluding parking violations, within a 12-month period shall not
1938be eligible to obtain a Class D license for a period of no less
1939than 1 year.  The period of ineligibility shall begin on the
1940date of conviction for the violation that results in the
1941licensee's accumulation of six or more points.
1942     (b)  The period of ineligibility shall automatically expire
1943after 1 year if the licensee does not accumulate any additional
1944points.  If the licensee accumulates any additional points, then
1945the period of ineligibility shall be extended 90 days for each
1946point.  The period of ineligibility shall also automatically
1947expire upon the licensee's 18th birthday if no other grounds for
1948ineligibility exist.
1949     (2)(3)  Any action taken by the department pursuant to this
1950section shall not be subject to any formal or informal
1951administrative hearing or similar administrative procedure.
1952     (3)(4)  The department shall adopt rules to carry out the
1953purposes of this section.
1954     Section 60.  Subsection (3) of section 322.17, Florida
1955Statutes, is amended to read:
1956     322.17  Duplicate and replacement certificates.--
1957     (3)  Notwithstanding any other provisions of this chapter,
1958if a licensee establishes his or her identity for a driver's
1959license using an identification document authorized under s.
1960322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
1961obtain a duplicate or replacement instruction permit or driver's
1962license except in person and upon submission of an
1963identification document authorized under s. 322.08(2)(c)6. or 7
1964s. 322.08(2)(c)5.-6.
1965     Section 61.  Subsections (2) and (4) of section 322.18,
1966Florida Statutes, are amended to read:
1967     322.18  Original applications, licenses, and renewals;
1968expiration of licenses; delinquent licenses.--
1969     (2)  Each applicant who is entitled to the issuance of a
1970driver's license, as provided in this section, shall be issued a
1971driver's license, as follows:
1972     (a)  An applicant applying for an original issuance shall
1973be issued a driver's license which expires at midnight on the
1974licensee's birthday which next occurs on or after the sixth
1975anniversary of the date of issue.
1976     (b)  An applicant applying for a renewal issuance or
1977renewal extension shall be issued a driver's license or renewal
1978extension sticker which expires at midnight on the licensee's
1979birthday which next occurs 4 years after the month of expiration
1980of the license being renewed, except that a driver whose driving
1981record reflects no convictions for the preceding 3 years shall
1982be issued a driver's license or renewal extension sticker which
1983expires at midnight on the licensee's birthday which next occurs
19846 years after the month of expiration of the license being
1985renewed.
1986     (c)  Notwithstanding any other provision of this chapter,
1987if an applicant establishes his or her identity for a driver's
1988license using a document authorized under s. 322.08(2)(c)5. s.
1989322.08(2)(c)4., the driver's license shall expire in accordance
1990with paragraph (b). After an initial showing of such
1991documentation, he or she is exempted from having to renew or
1992obtain a duplicate in person.
1993     (d)  Notwithstanding any other provision of this chapter,
1994if applicant establishes his or her identity for a driver's
1995license using a document authorized in s. 322.08(2)(c)6. or 7.
1996s. 322.08(2)(c)5. or 6., the driver's license shall expire 2 4
1997years after the date of issuance or upon the expiration date
1998cited on the United States Department of Homeland Security
1999documents, whichever date first occurs.
2000     (e)  Notwithstanding any other provision of this chapter,
2001an applicant applying for an original or renewal issuance of a
2002commercial driver's license as defined in s. 322.01(7), with a
2003hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
2004shall be issued a driver's license that expires at midnight on
2005the licensee's birthday that next occurs 4 years after the month
2006of expiration of the license being issued or renewed.
2007     (4)(a)  Except as otherwise provided in this chapter, all
2008licenses shall be renewable every 4 years or 6 years, depending
2009upon the terms of issuance and shall be issued or extended upon
2010application, payment of the fees required by s. 322.21, and
2011successful passage of any required examination, unless the
2012department has reason to believe that the licensee is no longer
2013qualified to receive a license.
2014     (b)  Notwithstanding any other provision of this chapter,
2015if an applicant establishes his or her identity for a driver's
2016license using a document authorized under s. 322.08(2)(c)5. s.
2017322.08(2)(c)4., the license, upon an initial showing of such
2018documentation, is exempted from having to renew or obtain a
2019duplicate in person, unless the renewal or duplication coincides
2020with the periodic reexamination of a driver as required pursuant
2021to s. 322.121.
2022     (c)  Notwithstanding any other provision of this chapter,
2023if a licensee establishes his or her identity for a driver's
2024license using an identification document authorized under s.
2025322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the licensee may
2026not renew the driver's license except in person and upon
2027submission of an identification document authorized under s.
2028322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's license
2029renewed under this paragraph expires 4 years after the date of
2030issuance or upon the expiration date cited on the United States
2031Department of Homeland Security documents, whichever date first
2032occurs.
2033     Section 62.  Subsection (4) of section 322.19, Florida
2034Statutes, is amended to read:
2035     322.19  Change of address or name.--
2036     (4)  Notwithstanding any other provision of this chapter,
2037if a licensee established his or her identity for a driver's
2038license using an identification document authorized under s.
2039322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
2040change his or her name or address except in person and upon
2041submission of an identification document authorized under s.
2042322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.
2043     Section 63.  Subsection (1) of section 322.21, Florida
2044Statutes, is amended to read:
2045     322.21  License fees; procedure for handling and collecting
2046fees.--
2047     (1)  Except as otherwise provided herein, the fee for:
2048     (a)  An original or renewal commercial driver's license is
2049$50, which shall include the fee for driver education provided
2050by s. 1003.48; however, if an applicant has completed training
2051and is applying for employment or is currently employed in a
2052public or nonpublic school system that requires the commercial
2053license, the fee shall be the same as for a Class E driver's
2054license.  A delinquent fee of $1 shall be added for a renewal
2055made not more than 12 months after the license expiration date.
2056     (b)  An original Class D or Class E driver's license is
2057$20, which shall include the fee for driver's education provided
2058by s. 1003.48; however, if an applicant has completed training
2059and is applying for employment or is currently employed in a
2060public or nonpublic school system that requires a commercial
2061driver license, the fee shall be the same as for a Class E
2062license.
2063     (c)  The renewal or extension of a Class D or Class E
2064driver's license or of a license restricted to motorcycle use
2065only is $15, except that a delinquent fee of $1 shall be added
2066for a renewal or extension made not more than 12 months after
2067the license expiration date.  The fee provided in this paragraph
2068shall include the fee for driver's education provided by s.
20691003.48.
2070     (d)  An original driver's license restricted to motorcycle
2071use only is $20, which shall include the fee for driver's
2072education provided by s. 1003.48.
2073     (e)  Each endorsement required by s. 322.57 is $5.
2074     (f)  A hazardous-materials endorsement, as required by s.
2075322.57(1)(e), shall be set by the department by rule and shall
2076reflect the cost of the required criminal history check,
2077including the cost of the state and federal fingerprint check,
2078and the cost to the department of providing and issuing the
2079license. The fee shall not exceed $100. This fee shall be
2080deposited in the Highway Safety Operating Trust Fund. The
2081department may adopt rules pursuant to ss. 120.536(1) and 120.54
2082to administer the provisions of this paragraph.
2083     Section 64.  Present subsection (7) of section 322.212,
2084Florida Statutes, is redesignated as subsection (8), and a new
2085subsection (7) is added to that section to read:
2086     322.212  Unauthorized possession of, and other unlawful
2087acts in relation to, driver's license or identification card.--
2088     (7)  In addition to any other penalties provided by this
2089section, any person who provides false information when applying
2090for a commercial driver's license shall be disqualified from
2091operating a commercial motor vehicle for a period of 60 days.
2092     Section 65.  Subsection (1) of section 322.22, Florida
2093Statutes, is amended to read:
2094     322.22  Authority of department to cancel license.--
2095     (1)  The department is authorized to cancel any driver's
2096license, upon determining that the licensee was not entitled to
2097the issuance thereof, or that the licensee failed to give the
2098required or correct information in his or her application or
2099committed any fraud in making such application, or that the
2100licensee has two or more licenses on file with the department,
2101each in a different name but bearing the photograph of the
2102licensee, unless the licensee has complied with the requirements
2103of this chapter in obtaining the licenses. The department may
2104cancel any driver's license, identification card, vehicle or
2105vessel registration, or fuel-use decal if the licensee fails to
2106pay the correct fee or pays for the driver's license,
2107identification card, vehicle or vessel registration, or fuel-use
2108decal; pays any tax liability, penalty, or interest specified in
2109chapter 207; or pays any administrative, delinquency, or
2110reinstatement fee by a dishonored check.
2111     Section 66.  Subsections (4) and (5) of section 322.251,
2112Florida Statutes, are amended to read:
2113     322.251  Notice of cancellation, suspension, revocation, or
2114disqualification of license.--
2115     (4)  A person whose privilege to operate a commercial motor
2116vehicle is temporarily disqualified may, upon surrendering his
2117or her commercial driver's license, be issued a Class D or Class
2118E driver's license, valid for the length of his or her unexpired
2119commercial driver's license, at no cost.  Such person may, upon
2120the completion of his or her disqualification, be issued a
2121commercial driver's license, of the type disqualified, for the
2122remainder of his or her unexpired license period.  Any such
2123person shall pay the reinstatement fee provided in s. 322.21
2124before being issued a commercial driver's license.
2125     (5)  A person whose privilege to operate a commercial motor
2126vehicle is permanently disqualified may, upon surrendering his
2127or her commercial driver's license, be issued a Class D or Class
2128E driver's license, if he or she is otherwise qualified to
2129receive such license.  Any such person shall be issued a Class D
2130or Class E license, valid for the remainder of his or her
2131unexpired license period, at no cost.
2132     Section 67.  Paragraph (b) of subsection (1), paragraph (a)
2133of subsection (7), paragraph (b) of subsection (10), and
2134subsection (11) of section 322.2615, Florida Statutes, are
2135amended to read:
2136     322.2615  Suspension of license; right to review.--
2137     (1)
2138     (b)  The suspension under paragraph (a) shall be pursuant
2139to, and the notice of suspension shall inform the driver of, the
2140following:
2141     1.a.  The driver refused to submit to a lawful breath,
2142blood, or urine test and his or her driving privilege is
2143suspended for a period of 1 year for a first refusal or for a
2144period of 18 months if his or her driving privilege has been
2145previously suspended as a result of a refusal to submit to such
2146a test; or
2147     b.  The driver violated s. 316.193 by driving with an
2148unlawful blood-alcohol level or breath-alcohol level as provided
2149in that section and his or her driving privilege is suspended
2150for a period of 6 months for a first offense or for a period of
21511 year if his or her driving privilege has been previously
2152suspended for a violation of s. 316.193.
2153     2.  The suspension period shall commence on the date of
2154arrest or issuance of the notice of suspension, whichever is
2155later.
2156     3.  The driver may request a formal or informal review of
2157the suspension by the department within 10 days after the date
2158of arrest or issuance of the notice of suspension, whichever is
2159later.
2160     4.  The temporary permit issued at the time of arrest will
2161expire at midnight of the 10th day following the date of arrest
2162or issuance of the notice of suspension, whichever is later.
2163     5.  The driver may submit to the department any materials
2164relevant to the arrest.
2165     (7)  In a formal review hearing under subsection (6) or an
2166informal review hearing under subsection (4), the hearing
2167officer shall determine by a preponderance of the evidence
2168whether sufficient cause exists to sustain, amend, or invalidate
2169the suspension. The scope of the review shall be limited to the
2170following issues:
2171     (a)  If the license was suspended for driving with an
2172unlawful blood-alcohol level or breath-alcohol level in
2173violation of s. 316.193:
2174     1.  Whether the arresting law enforcement officer had
2175probable cause to believe that the person was driving or in
2176actual physical control of a motor vehicle in this state while
2177under the influence of alcoholic beverages or controlled
2178substances.
2179     2.  Whether the person was placed under lawful arrest for a
2180violation of s. 316.193.
2181     3.  Whether the person had an unlawful blood-alcohol level
2182or breath-alcohol level as provided in s. 316.193.
2183     (10)  A person whose driver's license is suspended under
2184subsection (1) or subsection (3) may apply for issuance of a
2185license for business or employment purposes only if the person
2186is otherwise eligible for the driving privilege pursuant to s.
2187322.271.
2188     (b)  If the suspension of the driver's license of the
2189person arrested for a violation of s. 316.193, relating to
2190unlawful blood-alcohol level or breath-alcohol level, is
2191sustained, the person is not eligible to receive a license for
2192business or employment purposes only pursuant to s. 322.271
2193until 30 days have elapsed after the expiration of the last
2194temporary permit issued. If the driver is not issued a 10-day
2195permit pursuant to this section or s. 322.64 because he or she
2196is ineligible for the permit and the suspension for a violation
2197of s. 316.193, relating to unlawful blood-alcohol level, is not
2198invalidated by the department, the driver is not eligible to
2199receive a business or employment license pursuant to s. 322.271
2200until 30 days have elapsed from the date of the arrest.
2201     (11)  The formal review hearing may be conducted upon a
2202review of the reports of a law enforcement officer or a
2203correctional officer, including documents relating to the
2204administration of a breath test or blood test or the refusal to
2205take either test or the refusal to take a urine test. However,
2206as provided in subsection (6), the driver may subpoena the
2207officer or any person who administered or analyzed a breath or
2208blood test.
2209     Section 68.  Paragraph (d) of subsection (3) of section
2210322.27, Florida Statutes, is amended to read:
2211     322.27  Authority of department to suspend or revoke
2212license.--
2213     (3)  There is established a point system for evaluation of
2214convictions of violations of motor vehicle laws or ordinances,
2215and violations of applicable provisions of s. 403.413(6)(b) when
2216such violations involve the use of motor vehicles, for the
2217determination of the continuing qualification of any person to
2218operate a motor vehicle. The department is authorized to suspend
2219the license of any person upon showing of its records or other
2220good and sufficient evidence that the licensee has been
2221convicted of violation of motor vehicle laws or ordinances, or
2222applicable provisions of s. 403.413(6)(b), amounting to 12 or
2223more points as determined by the point system. The suspension
2224shall be for a period of not more than 1 year.
2225     (d)  The point system shall have as its basic element a
2226graduated scale of points assigning relative values to
2227convictions of the following violations:
2228     1.  Reckless driving, willful and wanton--4 points.
2229     2.  Leaving the scene of a crash resulting in property
2230damage of more than $50--6 points.
2231     3.  Unlawful speed resulting in a crash--6 points.
2232     4.  Passing a stopped school bus--4 points.
2233     5.  Unlawful speed:
2234     a.  Not in excess of 15 miles per hour of lawful or posted
2235speed--3 points.
2236     b.  In excess of 15 miles per hour of lawful or posted
2237speed--4 points.
2238     6.  All other moving violations (including parking on a
2239highway outside the limits of a municipality)--3 points.
2240However, no points shall be imposed for a violation of s.
2241316.0741 or s. 316.2065(12).
2242     7.  Any moving violation covered above, excluding unlawful
2243speed, resulting in a crash--4 points.
2244     8.  Any conviction under s. 403.413(6)(5)(b)--3 points.
2245     Section 69.  Section 322.30, Florida Statutes, is amended
2246to read:
2247     322.30  No operation under foreign license during
2248suspension, revocation, or disqualification in this state.--
2249     (1)  Any resident or nonresident whose driver's license or
2250right or privilege to operate a motor vehicle in this state has
2251been suspended, revoked, or disqualified as provided in this
2252chapter, shall not operate a motor vehicle in this state under a
2253license, permit, or registration certificate issued by any other
2254jurisdiction or otherwise during such suspension, revocation, or
2255disqualification until a new license is obtained.
2256     (2)  Notwithstanding subsection (1), any commercial motor
2257vehicle operator whose privilege to operate such vehicle is
2258disqualified may operate a motor vehicle in this state as a
2259Class D or Class E licensee, if authorized by this chapter.
2260     Section 70.  Paragraph (b) of subsection (2) and
2261subsections (4), (5), and (6) of section 322.53, Florida
2262Statutes, are amended to read:
2263     322.53  License required; exemptions.--
2264     (2)  The following persons are exempt from the requirement
2265to obtain a commercial driver's license:
2266     (b)  Military personnel driving military vehicles operated
2267for military purposes.
2268     (4)  A resident who is exempt from obtaining a commercial
2269driver's license pursuant to paragraph (2)(a) or paragraph
2270(2)(c) and who drives a commercial motor vehicle must obtain a
2271Class D driver's license endorsed to authorize the operation of
2272the particular type of vehicle for which his or her exemption is
2273granted.
2274     (4)(5)  A resident who is exempt from obtaining a
2275commercial driver's license pursuant to paragraph (2)(b),
2276paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may
2277drive a commercial motor vehicle pursuant to the exemption
2278granted in paragraph (2)(b), paragraph (2)(d), paragraph (2)(e),
2279or paragraph (2)(f) if he or she possesses a valid Class D or
2280Class E driver's license or a military license.
2281     (5)(6)  The department shall adopt rules and enter into
2282necessary agreements with other jurisdictions to provide for the
2283operation of commercial vehicles by nonresidents pursuant to the
2284exemption granted in subsection (2).
2285     Section 71.  Subsection (2) of section 322.54, Florida
2286Statutes, is amended to read:
2287     322.54  Classification.--
2288     (2)  The department shall issue, pursuant to the
2289requirements of this chapter, drivers' licenses in accordance
2290with the following classifications:
2291     (a)  Any person who drives a motor vehicle combination
2292having a gross vehicle weight rating, a declared weight, or an
2293actual weight, whichever is greatest, of 26,001 pounds or more
2294must possess a valid Class A driver's license, provided the
2295gross vehicle weight rating, declared weight, or actual weight,
2296whichever is greatest, of the vehicle being towed is more than
229710,000 pounds.  Any person who possesses a valid Class A
2298driver's license may, subject to the appropriate restrictions
2299and endorsements, drive any class of motor vehicle within this
2300state.
2301     (b)  Any person, except a person who possesses a valid
2302Class A driver's license, who drives a motor vehicle having a
2303gross vehicle weight rating, a declared weight, or an actual
2304weight, whichever is greatest, of 26,001 pounds or more must
2305possess a valid Class B driver's license.  Any person, except a
2306person who possesses a valid Class A driver's license, who
2307drives such vehicle towing a vehicle having a gross vehicle
2308weight rating, a declared weight, or an actual weight, whichever
2309is greatest, of 10,000 pounds or less must possess a valid Class
2310B driver's license.  Any person who possesses a valid Class B
2311driver's license may, subject to the appropriate restrictions
2312and endorsements, drive any class of motor vehicle, other than
2313the type of motor vehicle for which a Class A driver's license
2314is required, within this state.
2315     (c)  Any person, except a person who possesses a valid
2316Class A or a valid Class B driver's license, who drives a motor
2317vehicle combination having a gross vehicle weight rating, a
2318declared weight, or an actual weight, whichever is greatest, of
231926,001 pounds or more must possess a valid Class C driver's
2320license. Any person, except a person who possesses a valid Class
2321A or a valid Class B driver's license, who drives a motor
2322vehicle combination having a gross vehicle weight rating, a
2323declared weight, or an actual weight, whichever is greatest, of
2324less than 26,001 pounds and who is required to obtain an
2325endorsement pursuant to paragraph (1)(a), paragraph (1)(b),
2326paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) of s.
2327322.57, must possess a valid Class C driver's license that is
2328clearly restricted to the operation of a motor vehicle or motor
2329vehicle combination of less than 26,001 pounds. Any person who
2330possesses a valid Class C driver's license may, subject to the
2331appropriate restrictions and endorsements, drive any class of
2332motor vehicle, other than the type of motor vehicle for which a
2333Class A or a Class B driver's license is required, within this
2334state.
2335     (d)  Any person, except a person who possesses a valid
2336Class A, valid Class B, or valid Class C driver's license, who
2337drives a truck or a truck tractor having a gross vehicle weight
2338rating, a declared weight, or an actual weight, whichever is
2339greatest, of 8,000 pounds or more but less than 26,001 pounds,
2340or which has a width of more than 80 inches must possess a valid
2341Class D driver's license. Any person who possesses a valid Class
2342D driver's license may, subject to the appropriate restrictions
2343and endorsements, drive any type of motor vehicle, other than
2344the type of motor vehicle for which a Class A, Class B, or Class
2345C driver's license is required, within this state.
2346     (d)(e)  Any person, except a person who possesses a valid
2347Class A, valid Class B, or valid Class C, or valid Class D
2348driver's license, who drives a motor vehicle must possess a
2349valid Class E driver's license. Any person who possesses a valid
2350Class E driver's license may, subject to the appropriate
2351restrictions and endorsements, drive any type of motor vehicle,
2352other than the type of motor vehicle for which a Class A, Class
2353B, or Class C, or Class D driver's license is required, within
2354this state.
2355     Section 72.  Subsections (1) and (2) of section 322.57,
2356Florida Statutes, are amended to read:
2357     322.57  Tests of knowledge concerning specified vehicles;
2358endorsement; nonresidents; violations.--
2359     (1)  In addition to fulfilling any other driver's licensing
2360requirements of this chapter, a person who:
2361     (a)  Drives a double or triple trailer must successfully
2362complete a test of his or her knowledge concerning the safe
2363operation of such vehicles.
2364     (b)  Drives a passenger vehicle must successfully complete
2365a test of his or her knowledge concerning the safe operation of
2366such vehicles and a test of his or her driving skill in such a
2367vehicle.
2368     (c)  Drives a school bus must successfully complete a test
2369of his or her knowledge concerning the safe operation of such
2370vehicles and a test of his or her driving skill in such a
2371vehicle. This subsection shall be implemented in accordance with
237249 C.F.R. part 383.123.
2373     (d)(c)  Drives a tank vehicle must successfully complete a
2374test of his or her knowledge concerning the safe operation of
2375such vehicles.
2376     (e)(d)  Drives a vehicle that transports hazardous
2377materials and that is required to be placarded in accordance
2378with Title 49 C.F.R. part 172, subpart F, must successfully
2379complete a test of his or her knowledge concerning the safe
2380operation of such vehicles. Knowledge tests for hazardous-
2381materials endorsements may not be administered orally for
2382individuals applying for an initial hazardous-materials
2383endorsement after June 30, 1994.
2384     (f)(e)  Operates a tank vehicle transporting hazardous
2385materials must successfully complete the tests required in
2386paragraphs (d) (c) and (e) (d) so that the department may issue
2387a single endorsement permitting him or her to operate such tank
2388vehicle.
2389     (g)(f)  Drives a motorcycle must successfully complete a
2390test of his or her knowledge concerning the safe operation of
2391such vehicles and a test of his or her driving skills on such
2392vehicle. A person who successfully completes such tests shall be
2393issued an endorsement if he or she is licensed to drive another
2394type of motor vehicle. A person who successfully completes such
2395tests and who is not licensed to drive another type of motor
2396vehicle shall be issued a Class E driver's license that is
2397clearly restricted to motorcycle use only.
2398     (2)  Before driving or operating any vehicle listed in
2399subsection (1), a person must obtain an endorsement on his or
2400her driver's license. An endorsement under paragraph (a),
2401paragraph (b), paragraph (c), paragraph (d), or paragraph (e),
2402or paragraph (f) of subsection (1) shall be issued only to
2403persons who possess a valid Class A, valid Class B, or valid
2404Class C driver's license. A person who drives a motor vehicle or
2405motor vehicle combination that requires an endorsement under
2406this subsection and who drives a motor vehicle or motor vehicle
2407combination having a gross vehicle weight rating, a declared
2408weight, or an actual weight, whichever is greatest, of less than
240926,000 pounds shall be issued a Class C driver's license that is
2410clearly restricted to the operation of a motor vehicle or motor
2411vehicle combination of less than 26,000 pounds.
2412     Section 73.  Paragraph (a) of subsection (1) of section
2413322.58, Florida Statutes, is amended to read:
2414     322.58  Holders of chauffeur's licenses; effect of
2415classified licensure.--
2416     (1)  In order to provide for the classified licensure of
2417commercial motor vehicle drivers, the department shall require
2418persons who have valid chauffeur's licenses to report on or
2419after April 1, 1991, to the department for classified licensure,
2420according to a schedule developed by the department.
2421     (a)  Any person who holds a valid chauffeur's license may
2422continue to operate vehicles for which a Class E D driver's
2423license is required until his or her chauffeur's license
2424expires.
2425     Section 74.  Subsections (1), (2), (3), (7), (8), and (10)
2426of section 322.61, Florida Statutes, are amended, and
2427subsections (4) and (5) of that section are reenacted, to read:
2428     322.61  Disqualification from operating a commercial motor
2429vehicle.--
2430     (1)  A person who, for offenses occurring within a 3-year
2431period, is convicted of two of the following serious traffic
2432violations or any combination thereof, arising in separate
2433incidents committed in a commercial motor vehicle shall, in
2434addition to any other applicable penalties, be disqualified from
2435operating a commercial motor vehicle for a period of 60 days. A
2436person who, for offenses occurring within a 3-year period, is
2437convicted of two of the following serious traffic violations or
2438any combination thereof, arising in separate incidents committed
2439in a noncommercial motor vehicle shall, in addition to any other
2440applicable penalties, be disqualified from operating a
2441commercial motor vehicle for a period of 60 days if such
2442convictions result in the suspension, revocation, or
2443cancellation of the licenseholder's driving privilege:
2444     (a)  A violation of any state or local law relating to
2445motor vehicle traffic control, other than a parking violation, a
2446weight violation, or a vehicle equipment violation, arising in
2447connection with a crash resulting in death or personal injury to
2448any person;
2449     (b)  Reckless driving, as defined in s. 316.192;
2450     (c)  Careless driving, as defined in s. 316.1925;
2451     (d)  Fleeing or attempting to elude a law enforcement
2452officer, as defined in s. 316.1935;
2453     (e)  Unlawful speed of 15 miles per hour or more above the
2454posted speed limit;
2455     (f)  Driving a commercial motor vehicle, owned by such
2456person, which is not properly insured;
2457     (g)  Improper lane change, as defined in s. 316.085; or
2458     (h)  Following too closely, as defined in s. 316.0895;.
2459     (i)  Driving a commercial vehicle without obtaining a
2460commercial driver's license;
2461     (j)  Driving a commercial vehicle without a commercial
2462driver's license in possession; or
2463     (k)  Driving a commercial vehicle without the proper class
2464of commercial driver's license or without the proper
2465endorsement.
2466     (2)  Any person who, for offenses occurring within a 3-year
2467period, is convicted of three serious traffic violations
2468specified in subsection (1) or any combination thereof, arising
2469in separate incidents committed in a commercial motor vehicle
2470shall, in addition to any other applicable penalties, including,
2471but not limited to, the penalty provided in subsection (1), be
2472disqualified from operating a commercial motor vehicle for a
2473period of 120 days. A person who, for offenses occurring within
2474a 3-year period, is convicted of three serious traffic
2475violations specified in subsection (1) or any combination
2476thereof, arising in separate incidents committed in a
2477noncommercial motor vehicle shall, in addition to any other
2478applicable penalties, including, but not limited to, the penalty
2479provided in subsection (1), be disqualified from operating a
2480commercial motor vehicle for a period of 120 days if such
2481convictions result in the suspension, revocation, or
2482cancellation of the licenseholder's driving privilege.
2483     (3)  Except as provided in subsection (4), any person who
2484is convicted of one of the following offenses shall, in addition
2485to any other applicable penalties, be disqualified from
2486operating a commercial motor vehicle for a period of 1 year:
2487     (a)  Driving a commercial motor vehicle while he or she is
2488under the influence of alcohol or a controlled substance;
2489     (b)  Driving a commercial motor vehicle while the alcohol
2490concentration of his or her blood, breath, or urine is .04
2491percent or higher;
2492     (c)  Leaving the scene of a crash involving a commercial
2493motor vehicle driven by such person;
2494     (d)  Using a commercial motor vehicle in the commission of
2495a felony;
2496     (e)  Driving a commercial motor vehicle while in possession
2497of a controlled substance; or
2498     (f)  Refusing to submit to a test to determine his or her
2499alcohol concentration while driving a commercial motor vehicle;.
2500     (g)  Driving a commercial vehicle while the licenseholder's
2501commercial driver's license is suspended, revoked, or canceled
2502or while the licenseholder is disqualified from driving a
2503commercial vehicle; or
2504     (h)  Causing a fatality through the negligent operation of
2505a commercial motor vehicle.
2506     (4)  Any person who is transporting hazardous materials in
2507a vehicle that is required to be placarded in accordance with
2508Title 49 C.F.R. part 172, subpart F shall, upon conviction of an
2509offense specified in subsection (3), be disqualified from
2510operating a commercial motor vehicle for a period of 3 years.  
2511The penalty provided in this subsection shall be in addition to
2512any other applicable penalty.
2513     (5)  Any person who is convicted of two violations
2514specified in subsection (3), or any combination thereof, arising
2515in separate incidents shall be permanently disqualified from
2516operating a commercial motor vehicle. The penalty provided in
2517this subsection shall be in addition to any other applicable
2518penalty.
2519     (7)  A person whose privilege to operate a commercial motor
2520vehicle is disqualified under this section may, if otherwise
2521qualified, be issued a Class D or Class E driver's license,
2522pursuant to s. 322.251.
2523     (8)  A driver who is convicted of or otherwise found to
2524have committed a violation of an out-of-service order while
2525driving a commercial motor vehicle is disqualified as follows:
2526     (a)  Not less than 90 days nor more than 1 year if the
2527driver is convicted of or otherwise found to have committed a
2528first violation of an out-of-service order.
2529     (b)  Not less than 1 year nor more than 5 years if, for
2530offenses occurring during any 10-year period, the driver is
2531convicted of or otherwise found to have committed two violations
2532of out-of-service orders in separate incidents.
2533     (c)  Not less than 3 years nor more than 5 years if, for
2534offenses occurring during any 10-year period, the driver is
2535convicted of or otherwise found to have committed three or more
2536violations of out-of-service orders in separate incidents.
2537     (d)  Not less than 180 days nor more than 2 years if the
2538driver is convicted of or otherwise found to have committed a
2539first violation of an out-of-service order while transporting
2540hazardous materials required to be placarded under the Hazardous
2541Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
2542while operating motor vehicles designed to transport more than
254315 passengers, including the driver. A driver is disqualified
2544for a period of not less than 3 years nor more than 5 years if,
2545for offenses occurring during any 10-year period, the driver is
2546convicted of or otherwise found to have committed any subsequent
2547violations of out-of-service orders, in separate incidents,
2548while transporting hazardous materials required to be placarded
2549under the Hazardous Materials Transportation Act 49 U.S.C. ss.
25505101 et seq., or while operating motor vehicles designed to
2551transport more than 15 passengers, including the driver.
2552     (10)(a)  A driver must be disqualified for not less than 60
2553days if the driver is convicted of or otherwise found to have
2554committed a first violation of a railroad-highway grade crossing
2555violation.
2556     (b)  A driver must be disqualified for not less than 120
2557days if, for offenses occurring during any 3-year period, the
2558driver is convicted of or otherwise found to have committed a
2559second railroad-highway grade crossing violation in separate
2560incidents.
2561     (c)  A driver must be disqualified for not less than 1 year
2562if, for offenses occurring during any 3-year period, the driver
2563is convicted of or otherwise found to have committed a third or
2564subsequent railroad-highway grade crossing violation in separate
2565incidents.
2566     Section 75.  Subsection (1) and paragraph (a) of subsection
2567(3) of section 322.63, Florida Statutes, are amended to read:
2568     322.63  Alcohol or drug testing; commercial motor vehicle
2569operators.--
2570     (1)  A person who accepts the privilege extended by the
2571laws of this state of operating a commercial motor vehicle
2572within this state shall, by so operating such commercial motor
2573vehicle, be deemed to have given his or her consent to submit to
2574an approved chemical or physical test of his or her blood or,
2575breath, or urine for the purpose of determining his or her
2576alcohol concentration, and to a urine test or for the purpose of
2577detecting the presence of chemical substances as set forth in s.
2578877.111 or of controlled substances.
2579     (a)  By applying for a commercial driver's license and by
2580accepting and using a commercial driver's license, the person
2581holding the commercial driver's license is deemed to have
2582expressed his or her consent to the provisions of this section.
2583     (b)  Any person who drives a commercial motor vehicle
2584within this state and who is not required to obtain a commercial
2585driver's license in this state is, by his or her act of driving
2586a commercial motor vehicle within this state, deemed to have
2587expressed his or her consent to the provisions of this section.
2588     (c)  A notification of the consent provision of this
2589section shall be printed above the signature line on each new or
2590renewed commercial driver's license issued after March 31, 1991.
2591     (3)(a)  The breath and blood physical and chemical tests
2592authorized in this section shall be administered substantially
2593in accordance with rules adopted by the Department of Law
2594Enforcement.
2595     Section 76.  Subsection (1) of section 322.64, Florida
2596Statutes, is amended, and, for the purpose of incorporating the
2597amendment to section 322.61, Florida Statutes, in a reference
2598thereto, subsection (14) of that section is reenacted, to read:
2599     322.64  Holder of commercial driver's license; driving with
2600unlawful blood-alcohol level; refusal to submit to breath,
2601urine, or blood test.--
2602     (1)(a)  A law enforcement officer or correctional officer
2603shall, on behalf of the department, disqualify from operating
2604any commercial motor vehicle a person who while operating or in
2605actual physical control of a commercial motor vehicle is
2606arrested for a violation of s. 316.193, relating to unlawful
2607blood-alcohol level or breath-alcohol level, or a person who has
2608refused to submit to a breath, urine, or blood test authorized
2609by s. 322.63 arising out of the operation or actual physical
2610control of a commercial motor vehicle.  Upon disqualification of
2611the person, the officer shall take the person's driver's license
2612and issue the person a 10-day temporary permit for the operation
2613of noncommercial vehicles only if the person is otherwise
2614eligible for the driving privilege and shall issue the person a
2615notice of disqualification.  If the person has been given a
2616blood, breath, or urine test, the results of which are not
2617available to the officer at the time of the arrest, the agency
2618employing the officer shall transmit such results to the
2619department within 5 days after receipt of the results.  If the
2620department then determines that the person was arrested for a
2621violation of s. 316.193 and that the person had a blood-alcohol
2622level or breath-alcohol level of 0.08 or higher, the department
2623shall disqualify the person from operating a commercial motor
2624vehicle pursuant to subsection (3).
2625     (b)  The disqualification under paragraph (a) shall be
2626pursuant to, and the notice of disqualification shall inform the
2627driver of, the following:
2628     1.a.  The driver refused to submit to a lawful breath,
2629blood, or urine test and he or she is disqualified from
2630operating a commercial motor vehicle for a period of 1 year, for
2631a first refusal, or permanently, if he or she has previously
2632been disqualified as a result of a refusal to submit to such a
2633test; or
2634     b.  The driver violated s. 316.193 by driving with an
2635unlawful blood-alcohol level and he or she is disqualified from
2636operating a commercial motor vehicle for a period of 6 months
2637for a first offense or for a period of 1 year if he or she has
2638previously been disqualified, or his or her driving privilege
2639has been previously suspended, for a violation of s. 316.193.
2640     2.  The disqualification period for operating commercial
2641vehicles shall commence on the date of arrest or issuance of
2642notice of disqualification, whichever is later.
2643     3.  The driver may request a formal or informal review of
2644the disqualification by the department within 10 days after the
2645date of arrest or issuance of notice of disqualification,
2646whichever is later.
2647     4.  The temporary permit issued at the time of arrest or
2648disqualification will expire at midnight of the 10th day
2649following the date of disqualification.
2650     5.  The driver may submit to the department any materials
2651relevant to the arrest.
2652     (14)  The decision of the department under this section
2653shall not be considered in any trial for a violation of s.
2654316.193, s. 322.61, or s. 322.62, nor shall any written
2655statement submitted by a person in his or her request for
2656departmental review under this section be admissible into
2657evidence against him or her in any such trial. The disposition
2658of any related criminal proceedings shall not affect a
2659disqualification imposed pursuant to this section.
2660     Section 77.  Paragraphs (c) and (f) of subsection (13) of
2661section 713.78, Florida Statutes, are amended to read:
2662     713.78  Liens for recovering, towing, or storing vehicles
2663and vessels.--
2664     (13)
2665     (c)1.  The registered owner of a vehicle, vessel, or mobile
2666home may dispute a wrecker operator's lien, by notifying the
2667department of the dispute in writing on forms provided by the
2668department, if at least one of the following applies:
2669     a.  The registered owner presents a notarized bill of sale
2670proving that the vehicle, vessel, or mobile home was sold in a
2671private or casual sale before the vehicle, vessel, or mobile
2672home was recovered, towed, or stored.
2673     b.  The registered owner presents proof that the Florida
2674certificate of title of the vehicle, vessel, or mobile home was
2675sold to a licensed dealer as defined in s. 319.001 before the
2676vehicle, vessel, or mobile home was recovered, towed, or stored.
2677     c.  The records of the department were marked "sold" prior
2678to the date of the tow.
2679
2680If the registered owner's dispute of a wrecker operator's lien
2681complies with one of these criteria, the department shall
2682immediately remove the registered owner's name from the list of
2683those persons who may not be issued a license plate or
2684revalidation sticker for any motor vehicle under s. 320.03(8),
2685thereby allowing issuance of a license plate or revalidation
2686sticker. If the vehicle, vessel, or mobile home is owned jointly
2687by more than one person, each registered owner must dispute the
2688wrecker operator's lien in order to be removed from the list.
2689However, the department shall deny any dispute and maintain the
2690registered owner's name on the list of those persons who may not
2691be issued a license plate or revalidation sticker for any motor
2692vehicle under s. 320.03(8) if the wrecker operator has provided
2693the department with a certified copy of the judgment of a court
2694which orders the registered owner to pay the wrecker operator's
2695lien claimed under this section. In such a case, the amount of
2696the wrecker operator's lien allowed by paragraph (b) may be
2697increased to include no more than $500 of the reasonable costs
2698and attorney's fees incurred in obtaining the judgment. The
2699department's action under this subparagraph is ministerial in
2700nature, shall not be considered final agency action, and is
2701appealable only to the county court for the county in which the
2702vehicle, vessel, or mobile home was ordered removed.
2703     2.  A person against whom a wrecker operator's lien has
2704been imposed may alternatively obtain a discharge of the lien by
2705filing a complaint, challenging the validity of the lien or the
2706amount thereof, in the county court of the county in which the
2707vehicle, vessel, or mobile home was ordered removed. Upon filing
2708of the complaint, the person may have her or his name removed
2709from the list of those persons who may not be issued a license
2710plate or revalidation sticker for any motor vehicle under s.
2711320.03(8), thereby allowing issuance of a license plate or
2712revalidation sticker, upon posting with the court a cash or
2713surety bond or other adequate security equal to the amount of
2714the wrecker operator's lien to ensure the payment of such lien
2715in the event she or he does not prevail. Upon the posting of the
2716bond and the payment of the applicable fee set forth in s.
271728.24, the clerk of the court shall issue a certificate
2718notifying the department of the posting of the bond and
2719directing the department to release the wrecker operator's lien.
2720Upon determining the respective rights of the parties, the court
2721may award damages and costs in favor of the prevailing party.
2722     3.  If a person against whom a wrecker operator's lien has
2723been imposed does not object to the lien, but cannot discharge
2724the lien by payment because the wrecker operator has moved or
2725gone out of business, the person may have her or his name
2726removed from the list of those persons who may not be issued a
2727license plate or revalidation sticker for any motor vehicle
2728under s. 320.03(8), thereby allowing issuance of a license plate
2729or revalidation sticker, upon posting with the clerk of court in
2730the county in which the vehicle, vessel, or mobile home was
2731ordered removed, a cash or surety bond or other adequate
2732security equal to the amount of the wrecker operator's lien.
2733Upon the posting of the bond and the payment of the application
2734fee set forth in s. 28.24, the clerk of the court shall issue a
2735certificate notifying the department of the posting of the bond
2736and directing the department to release the wrecker operator's
2737lien. The department shall mail to the wrecker operator, at the
2738address upon the lien form, notice that the wrecker operator
2739must claim the security within 60 days, or the security will be
2740released back to the person who posted it. At the conclusion of
2741the 60 days, the department shall direct the clerk as to which
2742party is entitled to payment of the security, less applicable
2743clerk's fees.
2744     4.  A wrecker operator's lien expires 5 years after filing.
2745     (f)  This subsection applies only to the annual renewal in
2746the registered owner's birth month of a motor vehicle
2747registration and does not apply to the transfer of a
2748registration of a motor vehicle sold by a motor vehicle dealer
2749licensed under chapter 320, except for the transfer of
2750registrations which is inclusive of the annual renewals. This
2751subsection does not apply to any vehicle registered in the name
2752of the lessor. This subsection does not affect the issuance of
2753the title to a motor vehicle, notwithstanding s. 319.23(7)(b).
2754     Section 78.  Paragraph (b) of subsection (9) of section
2755768.28, Florida Statutes, is amended to read:
2756     768.28  Waiver of sovereign immunity in tort actions;
2757recovery limits; limitation on attorney fees; statute of
2758limitations; exclusions; indemnification; risk management
2759programs.--
2760     (9)
2761     (b)  As used in this subsection, the term:
2762     1.  "Employee" includes any volunteer firefighter, any
2763volunteer highway patrol troop surgeon appointed by the director
2764of the Florida Highway Patrol, and any volunteer licensed health
2765professional appointed by the director of the Florida Highway
2766Patrol to work under the medical direction of a highway patrol
2767troop surgeon.
2768     2.  "Officer, employee, or agent" includes, but is not
2769limited to, any health care provider when providing services
2770pursuant to s. 766.1115, any member of the Florida Health
2771Services Corps, as defined in s. 381.0302, who provides
2772uncompensated care to medically indigent persons referred by the
2773Department of Health, and any public defender or her or his
2774employee or agent, including, among others, an assistant public
2775defender and an investigator.
2776     Section 79.  Section 843.16, Florida Statutes, is amended
2777to read:
2778     843.16  Unlawful to install or transport radio equipment
2779using assigned frequency of state or law enforcement officers;
2780definitions; exceptions; penalties.--
2781     (1)  A No person, firm, or corporation may not shall
2782install or transport in any motor vehicle or business
2783establishment, except an emergency vehicle or crime watch
2784vehicle as herein defined or a place established by municipal,
2785county, state, or federal authority for governmental purposes,
2786any frequency modulation radio receiving equipment so adjusted
2787or tuned as to receive messages or signals on frequencies
2788assigned by the Federal Communications Commission to police or
2789law enforcement officers or fire rescue personnel of any city or
2790county of the state or to the state or any of its agencies.
2791Provided, nothing herein shall be construed to affect any radio
2792station licensed by the Federal Communications System or to
2793affect any recognized newspaper or news publication engaged in
2794covering the news on a full-time basis or any alarm system
2795contractor certified pursuant to part II of chapter 489,
2796operating a central monitoring system.
2797     (2)  As used in this section, the term:
2798     (a)  "Emergency vehicle" shall specifically mean:
2799     1.  Any motor vehicle used by any law enforcement officer
2800or employee of any city, any county, the state, the Federal
2801Bureau of Investigation, or the Armed Forces of the United
2802States while on official business;
2803     2.  Any fire department vehicle of any city or county of
2804the state or any state fire department vehicle;
2805     3.  Any motor vehicle designated as an emergency vehicle by
2806the Department of Highway Safety and Motor Vehicles when said
2807vehicle is to be assigned the use of frequencies assigned to the
2808state;
2809     4.  Any motor vehicle designated as an emergency vehicle by
2810the sheriff or fire chief of any county in the state when said
2811vehicle is to be assigned the use of frequencies assigned to the
2812said county;
2813     5.  Any motor vehicle designated as an emergency vehicle by
2814the chief of police or fire chief of any city in the state when
2815said vehicle is to be assigned the use of frequencies assigned
2816to the said city.
2817     (b)  "Crime watch vehicle" means any motor vehicle used by
2818any person participating in a citizen crime watch or
2819neighborhood watch program when such program and use are
2820approved in writing by the appropriate sheriff or chief of
2821police where the vehicle will be used and the vehicle is
2822assigned the use of frequencies assigned to the county or city.
2823 Such approval shall be renewed annually.
2824     (3)  This section shall not apply to any holder of a valid
2825amateur radio operator or station license issued by the Federal
2826Communications Commission or to any recognized newspaper or news
2827publication engaged in covering the news on a full-time basis or
2828any alarm system contractor certified pursuant to part II of
2829chapter 489, operating a central monitoring system.
2830     (4)  Any person, firm, or corporation violating any of the
2831provisions of this section commits shall be deemed guilty of a
2832misdemeanor of the first second degree, punishable as provided
2833in s. 775.082 or s. 775.083.
2834     Section 80.  This act shall take effect July 1, 2005.


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