HB 1697

CS

CHAMBER ACTION

1	The State Infrastructure Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to motor vehicles; amending s. 61.13016,
7	F.S.; revising provisions for suspension of the driver's
8	license of certain support obligors who are delinquent in
9	payment; providing for set-aside of the suspension upon a
10	showing of good cause; defining "good cause"; amending s.
11	261.03, F.S.; redefining the term "off-highway vehicle" to
12	include a two-rider ATV; defining the term "two-rider
13	ATV"; amending s. 316.003, F.S.; defining the term
14	"traffic signal preemption system"; amending s. 316.006,
15	F.S.; providing for interlocal agreements between
16	municipalities and counties transferring traffic
17	regulatory authority; amending s. 316.074, F.S.; requiring
18	hearing for violations of traffic control devices
19	resulting in a crash; amending s. 316.075, F.S.; requiring
20	hearing for specified violations of traffic control signal
21	devices resulting in a crash; amending s. 316.0775, F.S.;
22	providing that the unauthorized use of a traffic signal
23	preemption device is a moving violation; amending s.
24	316.122, F.S.; providing for the right-of-way for certain
25	passing vehicles; creating s. 316.1576, F.S.; prohibiting
26	driving through a railroad-highway grade crossing that
27	does not have sufficient space or clearance; providing a
28	penalty; creating s. 316.1577, F.S.; prohibiting employer
29	from allowing, requiring, permitting, or authorizing
30	certain violations pertaining to railroad-highway grade
31	crossings; providing a penalty; amending s. 316.183, F.S.;
32	increasing the minimum speed limit on interstate highways
33	under certain circumstances; amending s. 316.1932, F.S.;
34	revising the requirements for printing the notice of
35	consent for sobriety testing on a driver's license;
36	amending s. 316.1936, F.S., relating to possession of open
37	containers of alcohol; removing an exemption provided for
38	passengers of a vehicle operated by a driver holding a
39	Class D driver's license; amending s. 316.194, F.S.;
40	authorizing traffic accident investigation officers to
41	remove vehicles under certain circumstances; amending s.
42	316.1967, F.S.; providing that an owner of a leased
43	vehicle is not responsible for a parking ticket violation
44	in certain circumstances; amending s. 316.2074, F.S.;
45	redefining the term "all-terrain vehicle" to include a
46	two-rider ATV; amending s. 316.2095, F.S.; revising
47	equipment requirements for operating motorcycles;
48	providing penalties; amending s. 316.212, F.S.;
49	authorizing local governments to enact more restrictive
50	golf cart equipment and operation regulations; requiring
51	public notification; providing for enforcement
52	jurisdiction; providing penalties; amending s. 316.2126,
53	F.S.; providing for application of local golf cart
54	equipment and operation regulations to golf cart and
55	utility vehicle use by municipalities; amending s.
56	316.302, F.S.; updating a reference to the Code of Federal
57	Regulations relating to commercial motor vehicles;
58	amending s. 316.3045, F.S.; revising restrictions on the
59	operation of radios or other soundmaking devices in motor
60	vehicles; providing penalties; amending s. 316.605, F.S.;
61	clarifying that portion of a license plate which must be
62	clear and plainly visible; amending s. 316.613, F.S.;
63	eliminating authorization for the Department of Highway
64	Safety and Motor Vehicles to expend certain funds for
65	promotional purposes; creating s. 316.6131, F.S.;
66	authorizing the department to expend certain funds for
67	public information and education campaigns; amending s.
68	316.650, F.S.; providing exceptions to a prohibition
69	against using citations as evidence in a trial; amending
70	s. 317.0003, F.S.; defining the term "off-highway vehicle"
71	to include a two-rider ATV; providing a definition;
72	amending ss. 317.0004, 317.0005, and 317.0006, F.S.;
73	conforming references; amending s. 317.0007, F.S.;
74	authorizing the Department of Highway Safety and Motor
75	Vehicles to issue a validation sticker as an additional
76	proof of title for an off-highway vehicle; providing for
77	the replacement of lost or destroyed off-highway vehicle
78	validation stickers; providing for disposition of fees;
79	repealing s. 317.0008(2), F.S., relating to the expedited
80	issuance of duplicate certificates of title for off-
81	highway vehicles; amending ss. 317.0010, 317.0012, and
82	317.0013, F.S.; conforming references; creating s.
83	317.0014, F.S.; establishing procedures for the issuance
84	of a certificate of title for an off-highway vehicle;
85	providing duties of the Department of Highway Safety and
86	Motor Vehicles; providing for a notice of lien and lien
87	satisfaction; creating s. 317.0015, F.S.; providing for
88	the applicability of certain provisions of law to the
89	titling of off-highway vehicles; creating s. 317.0016,
90	F.S.; providing for the expedited issuance of titles for
91	off-highway vehicles; creating s. 317.0017, F.S.;
92	prohibiting specified actions relating to the issuance of
93	titles for off-highway vehicles; providing a penalty;
94	creating s. 317.0018, F.S.; prohibiting the transfer of an
95	off-highway vehicle without delivery of a certificate of
96	title; prescribing other violations; providing a penalty;
97	amending s. 318.1215, F.S.; clarifying that funds from the
98	Dori Slosberg Driver Education Safety Act be used for
99	driver education programs in schools; requiring that funds
100	be used for enhancement of driver education program funds;
101	providing program requirements; amending s. 318.14, F.S.;
102	authorizing the department to modify certain actions to
103	suspend or revoke a driver's license following notice of
104	final disposition; providing that certain citation
105	procedures and proceedings apply to persons who do not
106	hold a commercial driver's license; providing penalties
107	for certain traffic infractions requiring a mandatory
108	hearing; providing for distribution of moneys collected;
109	requiring audit of certain funds; amending s. 318.21,
110	F.S.; providing for distribution of specified civil
111	penalties by county courts; amending s. 319.23, F.S.;
112	requiring a licensed motor vehicle dealer to notify the
113	Department of Highway Safety and Motor Vehicles of a motor
114	vehicle or mobile home taken as a trade-in; requiring the
115	department to update its title record; amending s. 319.27,
116	F.S.; correcting an obsolete cross-reference; amending s.
117	319.30, F.S.; revising an exemption from certificate of
118	destruction requirements for certain damaged motor
119	vehicles and motor homes; amending s. 320.02, F.S.;
120	authorizing the department to withhold motor vehicle
121	registration or renewal of registration when notified by a
122	dealer of unpaid registration and titling fees; requiring
123	the motor vehicle dealer to maintain certain signed
124	evidence and information; providing for dispute of
125	dealer's claim of unpaid fees; amending s. 320.06, F.S.;
126	providing for a credit or refund when a registrant is
127	required to replace a license plate under certain
128	circumstances; amending s. 320.0601, F.S.; requiring that
129	a registration or renewal of a long-term leased motor
130	vehicle be in the name of the lessee; amending s.
131	320.0605, F.S.; exempting a vehicle registered as a fleet
132	vehicle from the requirement that the certificate of
133	registration be carried in the vehicle at all times;
134	amending s. 320.08058, F.S.; revising distribution and
135	authorized uses of revenues from the United We Stand and
136	Animal Friend specialty license plates; amending s.
137	320.0843, F.S.; requiring that an applicant's eligibility
138	for a disabled parking plate be noted on the certificate;
139	amending s. 320.089, F.S.; allowing retired members of the
140	United States Armed Forces Reserve to be issued U.S.
141	Reserve license plates; amending s. 320.131, F.S.;
142	authorizing the department to provide for an electronic
143	system for motor vehicle dealers to use in issuing
144	temporary license plates; providing a penalty; authorizing
145	the department to adopt rules; amending s. 320.18, F.S.;
146	authorizing the department to cancel the vehicle or vessel
147	registration, driver's license, or identification card of
148	a person who pays certain fees or penalties with a
149	dishonored check; amending s. 320.27, F.S.; requiring
150	dealer principals to provide certification of completing
151	continuing education under certain circumstances;
152	requiring motor vehicle dealers to maintain records for a
153	specified period; providing for denial, suspension, or
154	revocation of a motor vehicle dealer's license for failure
155	to maintain evidence of notification to the owner or
156	coowner of a vehicle regarding unpaid registration and
157	titling fees; providing certain penalties; amending s.
158	322.01, F.S.; redefining the terms "commercial motor
159	vehicle" and "out-of-service order"; providing the
160	definition of conviction applicable to offenses committed
161	in a commercial motor vehicle; amending s. 322.05, F.S.;
162	removing requirements for a Class D driver's license;
163	amending s. 322.051, F.S.; revising provisions relating to
164	the application for an identification card; providing that
165	the requirement for a fullface photograph or digital image
166	on an identification card may not be waived under ch. 761,
167	F.S.; amending s. 322.07, F.S.; removing requirements for
168	a Class D driver's license; amending s. 322.08, F.S.;
169	providing that a United States passport is an acceptable
170	proof of identity for purposes of obtaining a driver's
171	license; providing that a naturalization certificate
172	issued by the United States Department of Homeland
173	Security is an acceptable proof of identity for such
174	purpose; providing that specified documents are acceptable
175	as proof of nonimmigrant classification; removing
176	prescribed purpose of funds collected from a voluntary
177	contribution option on driver's license applications
178	associated with hearing research; amending s. 322.09,
179	F.S.; requiring the signature of a secondary guardian on a
180	driver's license application for a minor under certain
181	circumstances; amending s. 322.11, F.S.; providing for
182	notice to a minor before canceling the minor's license due
183	to the death of the person who cosigned the initial
184	application; amending s. 322.12, F.S.; removing
185	requirements for a Class D driver's license; amending s.
186	322.135, F.S.; revising requirements for the deposit of
187	certain fees for a driver's license; revising requirements
188	for the tax collector in directing a licensee for
189	examination or reexamination; requiring county officers to
190	pay certain funds to the State Treasury by electronic
191	funds transfer within a specified period; amending s.
192	322.142, F.S.; providing that the requirement for a
193	fullface photograph or digital image on a driver's license
194	may not be waived under ch. 761, F.S.; amending s.
195	322.161, F.S.; removing requirements for a Class D
196	driver's license; amending s. 322.17, F.S., relating to
197	duplicate and replacement certificates; conforming a
198	cross-reference; amending s. 322.18, F.S.; revising the
199	expiration period for driver's licenses issued to
200	specified persons; conforming cross-references; amending
201	s. 322.19, F.S., relating to change of address or name;
202	conforming cross-references; amending s. 322.21, F.S.;
203	removing requirements for a Class D driver's license;
204	requiring the department to set a fee for a hazardous-
205	materials endorsement; providing maximum fee amount;
206	authorizing the department to adopt rules; amending s.
207	322.212, F.S.; providing an additional penalty for giving
208	false information when applying for a commercial driver's
209	license; amending s. 322.22, F.S.; authorizing the
210	department to cancel any identification card, vehicle or
211	vessel registration, or fuel-use decal of a licensee who
212	pays certain fees or penalties with a dishonored check;
213	amending s. 322.251, F.S.; removing requirements for a
214	Class D driver's license; amending s. 322.2615, F.S.;
215	revising provisions related to notice and review
216	procedures for administrative suspension of driver's
217	licenses; revising notice information; clarifying review
218	procedures; amending s. 322.27, F.S.; correcting a cross-
219	reference relating to points assigned for littering
220	violations; assigning point value for a conviction of
221	specified violations of a traffic control device or
222	traffic control signal device resulting in a crash;
223	amending s. 322.30, F.S.; removing the requirements for a
224	Class D driver's license; amending s. 322.53, F.S.;
225	removing requirements for a Class D driver's license;
226	removing a requirement that certain operators of a
227	commercial motor vehicle obtain a specified license;
228	amending s. 322.54, F.S.; revising the classification
229	requirements for certain driver's licenses; deleting
230	requirements for a Class D driver's license; amending s.
231	322.57, F.S.; providing testing requirements for school
232	bus drivers; removing certain license restriction
233	requirements; amending s. 322.58, F.S.; deleting
234	requirements for a Class D driver's license and changing
235	those requirements to a Class E driver's license; amending
236	and reenacting s. 322.61, F.S.; specifying additional
237	violations that disqualify a person from operating a
238	commercial motor vehicle; providing penalties; providing
239	an exception; removing requirements for a Class D driver's
240	license; amending s. 322.63, F.S.; clarifying provisions
241	governing alcohol and drug testing for commercial motor
242	vehicle operators; amending s. 322.64, F.S., and
243	reenacting s. 322.64(14), F.S., relating to citation
244	procedures and proceedings, to incorporate the amendment
245	to s. 322.61, F.S., in a reference thereto; providing for
246	a temporary permit issued following certain DUI offenses
247	to apply only to the operation of noncommercial vehicles;
248	amending s. 338.155, F.S.; exempting from payment of toll
249	any person participating in the funeral procession of a
250	law enforcement officer or firefighter killed in the line
251	of duty; amending s. 713.78, F.S.; revising provisions
252	relating to the placement of a wrecker operator's lien
253	against a motor vehicle; amending s. 768.28, F.S.;
254	providing that certain medical professionals volunteering
255	for Florida Highway Patrol service are considered
256	employees of the state for sovereign immunity purposes;
257	amending s. 843.16, F.S.; prohibiting the transportation
258	of radio equipment that receives signals on frequencies
259	used by this state's law enforcement officers or fire
260	rescue personnel; redefining the term "emergency vehicle"
261	to include any motor vehicle designated as such by the
262	fire chief of a county or municipality; revising
263	penalties; providing effective dates.
264
265	Be It Enacted by the Legislature of the State of Florida:
266
267	Section 1.  Subsection (2) of section 61.13016, Florida
268	Statutes, is amended and renumbered as subsection (3), present
269	subsection (3) is renumbered as subsection (4), and a new
270	subsection (2) is added to said section, to read:
271	61.13016  Suspension of driver's licenses and motor vehicle
272	registrations.--
273	(2)  The suspension of the driver's license of an obligor
274	pursuant to this section may be set aside for good cause if a
275	petition is filed by the obligor in the circuit court within 20
276	days after the mailing date of the notice. For purposes of this
277	subsection, "good cause" means proof to the court that the
278	failure to pay any delinquency is due to inability to pay
279	because a medical condition exists that prevents the obligor
280	from being employed or because of extended unemployment that is
281	beyond the obligor's control. The obligor must serve a copy of
282	the petition on the Title IV-D agency in IV-D cases or
283	depository or clerk of the court in non-IV-D cases. When an
284	obligor timely files a petition to set aside a suspension, the
285	court must hear the matter within 15 days after the petition is
286	filed. The court must enter an order resolving the matter within
287	10 days after the hearing, and a copy of the order must be
288	served on the parties. The timely filing of a petition under
289	this subsection stays the intent to suspend until the entry of a
290	court order resolving the matter.
291	(3)(2)  If the obligor does not, within 20 days after the
292	mailing date on the notice, pay the delinquency, enter into a
293	payment agreement, comply with the subpoena, order to appear,
294	order to show cause, or other similar order, or file a motion to
295	contest or a petition to set aside, the Title IV-D agency in IV-
296	D cases, or the depository or clerk of the court in non-IV-D
297	cases, shall file the notice with the Department of Highway
298	Safety and Motor Vehicles and request the suspension of the
299	obligor's driver's license and motor vehicle registration in
300	accordance with s. 322.058.
301	Section 2.  Subsection (6) of section 261.03, Florida
302	Statutes, is amended and subsection (11) is added to that
303	section, to read:
304	261.03  Definitions.--As used in this chapter, the term:
305	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
306	OHM that is used off the roads or highways of this state for
307	recreational purposes and that is not registered and licensed
308	for highway use under chapter 320.
309	(11)  "Two-rider ATV" means any ATV that is specifically
310	designed by the manufacturer for a single operator and one
311	passenger.
312	Section 3.  Subsection (84) is added to section 316.003,
313	Florida Statutes, to read:
314	316.003  Definitions.--The following words and phrases,
315	when used in this chapter, shall have the meanings respectively
316	ascribed to them in this section, except where the context
317	otherwise requires:
318	(84)  TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or
319	device with the capability of activating a control mechanism
320	mounted on or near traffic signals which alters a traffic
321	signal's timing cycle.
322	Section 4.  Paragraph (c) is added to subsection (2) of
323	section 316.006, Florida Statutes, to read:
324	316.006  Jurisdiction.--Jurisdiction to control traffic is
325	vested as follows:
326	(2)  MUNICIPALITIES.--
327	(c)  Notwithstanding any other provisions of law to the
328	contrary, a municipality may, by interlocal agreement with a
329	county, agree to transfer traffic regulatory authority over
330	areas within the municipality to the county.
331
332	This subsection shall not limit those counties which have the
333	charter powers to provide and regulate arterial, toll, and other
334	roads, bridges, tunnels, and related facilities from the proper
335	exercise of those powers by the placement and maintenance of
336	traffic control devices which conform to the manual and
337	specifications of the Department of Transportation on streets
338	and highways located within municipal boundaries.
339	Section 5.  Effective October 1, 2005, subsection (6) of
340	section 316.074, Florida Statutes, is amended to read:
341	316.074  Obedience to and required traffic control
342	devices.--
343	(1)  The driver of any vehicle shall obey the instructions
344	of any official traffic control device applicable thereto,
345	placed in accordance with the provisions of this chapter, unless
346	otherwise directed by a police officer, subject to the
347	exceptions granted the driver of an authorized emergency vehicle
348	in this chapter.
349	(6)(a)  A violation of this section is a noncriminal
350	traffic infraction, punishable as a moving violation as provided
351	in chapter 318.
352	(b)  A person committing a violation of subsection (1)
353	resulting in a crash that causes serious bodily injury of
354	another as defined in s. 316.1933(1) is subject to a mandatory
355	hearing under the provisions of s. 318.19.
356	Section 6.  Effective October 1, 2005, subsection (4) of
357	section 316.075, Florida Statutes, is amended to read:
358	316.075  Traffic control signal devices.--
359	(1)  Except for automatic warning signal lights installed
360	or to be installed at railroad crossings, whenever traffic,
361	including municipal traffic, is controlled by traffic control
362	signals exhibiting different colored lights, or colored lighted
363	arrows, successively one at a time or in combination, only the
364	colors green, red, and yellow shall be used, except for special
365	pedestrian signals carrying a word legend, and the lights shall
366	indicate and apply to drivers of vehicles and pedestrians as
367	follows:
368	(c)  Steady red indication.--
369	1.  Vehicular traffic facing a steady red signal shall stop
370	before entering the crosswalk on the near side of the
371	intersection or, if none, then before entering the intersection
372	and shall remain standing until a green indication is shown;
373	however:
374	a.  The driver of a vehicle which is stopped at a clearly
375	marked stop line, but if none, before entering the crosswalk on
376	the near side of the intersection, or, if none then at the point
377	nearest the intersecting roadway where the driver has a view of
378	approaching traffic on the intersecting roadway before entering
379	the intersection in obedience to a steady red signal may make a
380	right turn, but shall yield the right-of-way to pedestrians and
381	other traffic proceeding as directed by the signal at the
382	intersection, except that municipal and county authorities may
383	prohibit any such right turn against a steady red signal at any
384	intersection, which prohibition shall be effective when a sign
385	giving notice thereof is erected in a location visible to
386	traffic approaching the intersection.
387	b.  The driver of a vehicle on a one-way street that
388	intersects another one-way street on which traffic moves to the
389	left shall stop in obedience to a steady red signal, but may
390	then make a left turn into the one-way street, but shall yield
391	the right-of-way to pedestrians and other traffic proceeding as
392	directed by the signal at the intersection, except that
393	municipal and county authorities may prohibit any such left turn
394	as described, which prohibition shall be effective when a sign
395	giving notice thereof is attached to the traffic control signal
396	device at the intersection.
397	2.  Unless otherwise directed by a pedestrian control
398	signal as provided in s. 316.0755, pedestrians facing a steady
399	red signal shall not enter the roadway.
400	(4)(a)  A violation of this section is a noncriminal
401	traffic infraction, punishable pursuant to chapter 318 as either
402	a pedestrian violation or, if the infraction resulted from the
403	operation of a vehicle, as a moving violation.
404	(b)  A person committing a violation of subparagraph
405	(1)(c)1. resulting in a crash that causes serious bodily injury
406	of another as defined in s. 316.1933(1) is subject to a
407	mandatory hearing under the provisions of s. 318.19.
408	Section 7.  Section 316.0775, Florida Statutes, is amended
409	to read:
410	316.0775  Interference with official traffic control
411	devices or railroad signs or signals.--
412	(1)  A No person may not shall, without lawful authority,
413	attempt to or in fact alter, deface, injure, knock down, or
414	remove any official traffic control device or any railroad sign
415	or signal or any inscription, shield, or insignia thereon, or
416	any other part thereof. A violation of this subsection section
417	is a criminal violation pursuant to s. 318.17 and shall be
418	punishable as set forth in s. 806.13 related to criminal
419	mischief and graffiti, beginning on or after July 1, 2000.
420	(2)  A person may not, without lawful authority, possess or
421	use any traffic signal preemption device as defined under s.
422	316.003. A person who violates this subsection commits a moving
423	violation, punishable as provided in chapter 318 and shall have
424	4 points assessed against his or her driver's license as set
425	forth in s. 322.27.
426	Section 8.  Section 316.122, Florida Statutes, is amended
427	to read:
428	316.122  Vehicle turning left.--The driver of a vehicle
429	intending to turn to the left within an intersection or into an
430	alley, private road, or driveway shall yield the right-of-way to
431	any vehicle approaching from the opposite direction, or vehicles
432	lawfully passing on the left of the turning vehicle, which is
433	within the intersection or so close thereto as to constitute an
434	immediate hazard. A violation of this section is a noncriminal
435	traffic infraction, punishable as a moving violation as provided
436	in chapter 318.
437	Section 9.  Section 316.1576, Florida Statutes, is created
438	to read:
439	316.1576  Insufficient clearance at a railroad-highway
440	grade crossing.--
441	(1)  A person may not drive any vehicle through a railroad-
442	highway grade crossing that does not have sufficient space to
443	drive completely through the crossing without stopping.
444	(2)  A person may not drive any vehicle through a railroad-
445	highway grade crossing that does not have sufficient
446	undercarriage clearance to drive completely through the crossing
447	without stopping.
448	(3)  A violation of this section is a noncriminal traffic
449	infraction, punishable as a moving violation as provided in
450	chapter 318.
451	Section 10.  Section 316.1577, Florida Statutes, is created
452	to read:
453	316.1577  Employer responsibility for violations pertaining
454	to railroad-highway grade crossings.--
455	(1)  An employer may not knowingly allow, require, permit,
456	or authorize a driver to operate a commercial motor vehicle in
457	violation of a federal, state, or local law or rule pertaining
458	to railroad-highway grade crossings.
459	(2)  A person who violates subsection (1) is subject to a
460	civil penalty of not more than $10,000.
461	Section 11.  Subsection (2) of section 316.183, Florida
462	Statutes, is amended to read:
463	316.183  Unlawful speed.--
464	(2)  On all streets or highways, the maximum speed limits
465	for all vehicles must be 30 miles per hour in business or
466	residence districts, and 55 miles per hour at any time at all
467	other locations. However, with respect to a residence district,
468	a county or municipality may set a maximum speed limit of 20 or
469	25 miles per hour on local streets and highways after an
470	investigation determines that such a limit is reasonable. It is
471	not necessary to conduct a separate investigation for each
472	residence district. The minimum speed limit on all highways that
473	comprise a part of the National System of Interstate and Defense
474	Highways and have not fewer than four lanes is 40 miles per
475	hour, except that when the posted speed limit is 70 miles per
476	hour, the minimum speed limit is 50 miles per hour.
477	Section 12.  Paragraph (e) of subsection (1) of section
478	316.1932, Florida Statutes, is amended to read:
479	316.1932  Tests for alcohol, chemical substances, or
480	controlled substances; implied consent; refusal.--
481	(1)
482	(e)1.  By applying for a driver's license and by accepting
483	and using a driver's license, the person holding the driver's
484	license is deemed to have expressed his or her consent to the
485	provisions of this section.
486	2.  A nonresident or any other person driving in a status
487	exempt from the requirements of the driver's license law, by his
488	or her act of driving in such exempt status, is deemed to have
489	expressed his or her consent to the provisions of this section.
490	3.  A warning of the consent provision of this section
491	shall be printed above the signature line on each new or renewed
492	driver's license.
493	Section 13.  Subsection (5) of section 316.1936, Florida
494	Statutes, is amended to read:
495	316.1936  Possession of open containers of alcoholic
496	beverages in vehicles prohibited; penalties.--
497	(5)  This section shall not apply to:
498	(a)  A passenger of a vehicle in which the driver is
499	operating the vehicle pursuant to a contract to provide
500	transportation for passengers and such driver holds a valid
501	commercial driver's license with a passenger endorsement or a
502	Class D driver's license issued in accordance with the
503	requirements of chapter 322;
504	(b)  A passenger of a bus in which the driver holds a valid
505	commercial driver's license with a passenger endorsement or a
506	Class D driver's license issued in accordance with the
507	requirements of chapter 322; or
508	(c)  A passenger of a self-contained motor home which is in
509	excess of 21 feet in length.
510	Section 14.  Paragraphs (a) and (b) of subsection (3) of
511	section 316.194, Florida Statutes, are amended to read:
512	316.194  Stopping, standing or parking outside of
513	municipalities.--
514	(3)(a)  Whenever any police officer or traffic accident
515	investigation officer finds a vehicle standing upon a highway in
516	violation of any of the foregoing provisions of this section,
517	the officer is authorized to move the vehicle, or require the
518	driver or other persons in charge of the vehicle to move the
519	vehicle same, to a position off the paved or main-traveled part
520	of the highway.
521	(b)  Officers and traffic accident investigation officers
522	may are hereby authorized to provide for the removal of any
523	abandoned vehicle to the nearest garage or other place of
524	safety, cost of such removal to be a lien against motor vehicle,
525	when an said abandoned vehicle is found unattended upon a bridge
526	or causeway or in any tunnel, or on any public highway in the
527	following instances:
528	1.  Where such vehicle constitutes an obstruction of
529	traffic;
530	2.  Where such vehicle has been parked or stored on the
531	public right-of-way for a period exceeding 48 hours, in other
532	than designated parking areas, and is within 30 feet of the
533	pavement edge; and
534	3.  Where an operative vehicle has been parked or stored on
535	the public right-of-way for a period exceeding 10 days, in other
536	than designated parking areas, and is more than 30 feet from the
537	pavement edge. However, the agency removing such vehicle shall
538	be required to report same to the Department of Highway Safety
539	and Motor Vehicles within 24 hours of such removal.
540	Section 15.  Section 316.1967, Florida Statutes, is amended
541	to read:
542	316.1967  Liability for payment of parking ticket
543	violations and other parking violations.--
544	(1)  The owner of a vehicle is responsible and liable for
545	payment of any parking ticket violation unless the owner can
546	furnish evidence, when required by this subsection, that the
547	vehicle was, at the time of the parking violation, in the care,
548	custody, or control of another person. In such instances, the
549	owner of the vehicle is required, within a reasonable time after
550	notification of the parking violation, to furnish to the
551	appropriate law enforcement authorities an affidavit setting
552	forth the name, address, and driver's license number of the
553	person who leased, rented, or otherwise had the care, custody,
554	or control of the vehicle. The affidavit submitted under this
555	subsection is admissible in a proceeding charging a parking
556	ticket violation and raises the rebuttable presumption that the
557	person identified in the affidavit is responsible for payment of
558	the parking ticket violation. The owner of a vehicle is not
559	responsible for a parking ticket violation if the vehicle
560	involved was, at the time, stolen or in the care, custody, or
561	control of some person who did not have permission of the owner
562	to use the vehicle. The owner of a leased vehicle is not
563	responsible for a parking ticket violation and is not required
564	to submit an affidavit or the other evidence specified in this
565	section, if the vehicle is registered in the name of the person
566	who leased the vehicle.
567	(2)  Any person who is issued a county or municipal parking
568	ticket by a parking enforcement specialist or officer is deemed
569	to be charged with a noncriminal violation and shall comply with
570	the directions on the ticket. If payment is not received or a
571	response to the ticket is not made within the time period
572	specified thereon, the county court or its traffic violations
573	bureau shall notify the registered owner of the vehicle that was
574	cited, or the registered lessee when the cited vehicle is
575	registered in the name of the person who leased the vehicle, by
576	mail to the address given on the motor vehicle registration, of
577	the ticket. Mailing the notice to this address constitutes
578	notification. Upon notification, the registered owner or
579	registered lessee shall comply with the court's directive.
580	(3)  Any person who fails to satisfy the court's directive
581	waives his or her right to pay the applicable civil penalty.
582	(4)  Any person who elects to appear before a designated
583	official to present evidence waives his or her right to pay the
584	civil penalty provisions of the ticket. The official, after a
585	hearing, shall make a determination as to whether a parking
586	violation has been committed and may impose a civil penalty not
587	to exceed $100 or the fine amount designated by county
588	ordinance, plus court costs. Any person who fails to pay the
589	civil penalty within the time allowed by the court is deemed to
590	have been convicted of a parking ticket violation, and the court
591	shall take appropriate measures to enforce collection of the
592	fine.
593	(5)  Any provision of subsections (2), (3), and (4) to the
594	contrary notwithstanding, chapter 318 does not apply to
595	violations of county parking ordinances and municipal parking
596	ordinances.
597	(6)  Any county or municipality may provide by ordinance
598	that the clerk of the court or the traffic violations bureau
599	shall supply the department with a magnetically encoded computer
600	tape reel or cartridge or send by other electronic means data
601	which is machine readable by the installed computer system at
602	the department, listing persons who have three or more
603	outstanding parking violations, including violations of s.
604	316.1955. Each county shall provide by ordinance that the clerk
605	of the court or the traffic violations bureau shall supply the
606	department with a magnetically encoded computer tape reel or
607	cartridge or send by other electronic means data that is machine
608	readable by the installed computer system at the department,
609	listing persons who have any outstanding violations of s.
610	316.1955 or any similar local ordinance that regulates parking
611	in spaces designated for use by persons who have disabilities.
612	The department shall mark the appropriate registration records
613	of persons who are so reported. Section 320.03(8) applies to
614	each person whose name appears on the list.
615	Section 16.  Subsection (2) of section 316.2074, Florida
616	Statutes, is amended to read:
617	316.2074  All-terrain vehicles.--
618	(2)  As used in this section, the term "all-terrain
619	vehicle" means any motorized off-highway vehicle 50 inches or
620	less in width, having a dry weight of 900 pounds or less,
621	designed to travel on three or more low-pressure tires, having a
622	seat designed to be straddled by the operator and handlebars for
623	steering control, and intended for use by a single operator with
624	no passenger. For the purposes of this section, "all-terrain
625	vehicle" also includes any "two-rider ATV" as defined in s.
626	317.0003.
627	Section 17.  Section 316.2095, Florida Statutes, is amended
628	to read:
629	316.2095  Footrests, handholds, and handlebars.--
630	(1)  Any motorcycle carrying a passenger, other than in a
631	sidecar or enclosed cab, shall be equipped with footrests and
632	handholds for such passenger.
633	(2)  No person shall operate any motorcycle with handlebars
634	with handgrips which are higher than the top of the shoulders of
635	the person operating the motorcycle while properly seated upon
636	the motorcycle more than 15 inches in height above that portion
637	of the seat occupied by the operator.
638	(3)  A violation of this section is a noncriminal traffic
639	infraction, punishable as a nonmoving violation as provided in
640	chapter 318.
641	Section 18.  Subsection (1) and paragraph (a) of subsection
642	(2) of section 316.212, Florida Statutes, are amended,
643	subsection (7) is renumbered as subsection (8) and amended, and
644	a new subsection (7) is added to that section, to read:
645	316.212  Operation of golf carts on certain roadways.--The
646	operation of a golf cart upon the public roads or streets of
647	this state is prohibited except as provided herein:
648	(1)  A golf cart may be operated only upon a county road
649	that has been designated by a county, or a municipal city street
650	that has been designated by a municipality city, for use by golf
651	carts. Prior to making such a designation, the responsible local
652	governmental entity must first determine that golf carts may
653	safely travel on or cross the public road or street, considering
654	factors including the speed, volume, and character of motor
655	vehicle traffic using the road or street. Upon a determination
656	that golf carts may be safely operated on a designated road or
657	street, the responsible governmental entity shall post
658	appropriate signs to indicate that such operation is allowed.
659	(2)  A golf cart may be operated on a part of the State
660	Highway System only under the following conditions:
661	(a)  To cross a portion of the State Highway System which
662	intersects a county road or municipal city street that has been
663	designated for use by golf carts if the Department of
664	Transportation has reviewed and approved the location and design
665	of the crossing and any traffic control devices needed for
666	safety purposes.
667
668	Upon its determination that golf carts may be operated on a
669	given road, the department shall post appropriate signs on the
670	road to indicate that such operation is allowed.
671	(7)  Regulations regarding golf cart operation and
672	equipment that are more restrictive than those enumerated in
673	this section may be enacted by the responsible local
674	governmental entity. Upon enactment of any such regulation, the
675	responsible local governmental entity shall post appropriate
676	signs or otherwise inform the citizens that such regulations
677	exist and shall be enforced within its jurisdictional territory.
678	(8)(7)  A violation of this section or local regulations
679	corresponding to this section enacted pursuant to subsection (7)
680	is a noncriminal traffic infraction, punishable pursuant to
681	chapter 318 as either a moving violation for infractions of
682	subsection (1), subsection (2), subsection (3), or subsection
683	(4) or local regulations corresponding to subsection (1),
684	subsection (2), subsection (3), or subsection (4), or as a
685	nonmoving violation for infractions of subsection subsections
686	(5) or subsection and (6) or local regulations corresponding to
687	subsection (5) or subsection (6).
688	Section 19.  Subsections (1) and (2) of section 316.2126,
689	Florida Statutes, are amended to read:
690	316.2126  Use of golf carts and utility vehicles by
691	municipalities.--In addition to the powers granted by ss.
692	316.212 and 316.2125, municipalities are hereby authorized to
693	utilize golf carts and utility vehicles, as defined in s.
694	320.01, upon any state, county, or municipal roads located
695	within the corporate limits of such municipalities, subject to
696	the following conditions:
697	(1)  Golf carts and utility vehicles must comply with the
698	operational and safety requirements in ss. 316.212 and 316.2125
699	and any more restrictive regulations enacted by the local
700	governmental entity and shall only be operated by municipal
701	employees for municipal purposes, including, but not limited to,
702	police patrol, traffic enforcement, and inspection of public
703	facilities.
704	(2)  In addition to the safety equipment required in s.
705	316.212(5) and any more restrictive safety equipment required by
706	the local governmental entity, such golf carts and utility
707	vehicles must be equipped with sufficient lighting and turn
708	signal equipment.
709	Section 20.  Paragraph (b) of subsection (1) of section
710	316.302, Florida Statutes, is amended to read:
711	316.302  Commercial motor vehicles; safety regulations;
712	transporters and shippers of hazardous materials; enforcement.--
713	(1)
714	(b)  Except as otherwise provided in this section, all
715	owners or drivers of commercial motor vehicles that are engaged
716	in intrastate commerce are subject to the rules and regulations
717	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
718	exception of 49 C.F.R. s. 390.5 as it relates to the definition
719	of bus, as such rules and regulations existed on October 1, 2004
720	2002.
721	Section 21.  Paragraph (a) of subsection (1) of section
722	316.3045, Florida Statutes, is amended to read:
723	316.3045  Operation of radios or other mechanical
724	soundmaking devices or instruments in vehicles; exemptions.--
725	(1)  It is unlawful for any person operating or occupying a
726	motor vehicle on a street or highway to operate or amplify the
727	sound produced by a radio, tape player, or other mechanical
728	soundmaking device or instrument from within the motor vehicle
729	so that the sound is:
730	(a)  Plainly audible at a distance of 25 100 feet or more
731	from the motor vehicle; or
732	(5)  A violation of this section is a noncriminal traffic
733	infraction, punishable as a nonmoving violation as provided in
734	chapter 318.
735	Section 22.  Subsection (1) of section 316.605, Florida
736	Statutes, is amended to read:
737	316.605  Licensing of vehicles.--
738	(1)  Every vehicle, at all times while driven, stopped, or
739	parked upon any highways, roads, or streets of this state, shall
740	be licensed in the name of the owner thereof in accordance with
741	the laws of this state unless such vehicle is not required by
742	the laws of this state to be licensed in this state and shall,
743	except as otherwise provided in s. 320.0706 for front-end
744	registration license plates on truck tractors, display the
745	license plate or both of the license plates assigned to it by
746	the state, one on the rear and, if two, the other on the front
747	of the vehicle, each to be securely fastened to the vehicle
748	outside the main body of the vehicle in such manner as to
749	prevent the plates from swinging, and with all letters,
750	numerals, printing, writing, and other identification marks upon
751	the plates regarding the word "Florida," the registration decal,
752	and the alphanumeric designation shall be clear and distinct and
753	free from defacement, mutilation, grease, and other obscuring
754	matter, so that they will be plainly visible and legible at all
755	times 100 feet from the rear or front. Nothing shall be placed
756	upon the face of a Florida plate except as permitted by law or
757	by rule or regulation of a governmental agency. No license
758	plates other than those furnished by the state shall be used.
759	However, if the vehicle is not required to be licensed in this
760	state, the license plates on such vehicle issued by another
761	state, by a territory, possession, or district of the United
762	States, or by a foreign country, substantially complying with
763	the provisions hereof, shall be considered as complying with
764	this chapter. A violation of this subsection is a noncriminal
765	traffic infraction, punishable as a nonmoving violation as
766	provided in chapter 318.
767	Section 23.  Subsection (4) of section 316.613, Florida
768	Statutes, is amended to read:
769	316.613  Child restraint requirements.--
770	(4)(a)  It is the legislative intent that all state,
771	county, and local law enforcement agencies, and safety councils,
772	in recognition of the problems with child death and injury from
773	unrestrained occupancy in motor vehicles, conduct a continuing
774	safety and public awareness campaign as to the magnitude of the
775	problem.
776	(b)  The department may authorize the expenditure of funds
777	for the purchase of promotional items as part of the public
778	information and education campaigns provided for in this
779	subsection and ss. 316.614, 322.025, and 403.7145.
780	Section 24.  Section 316.6131, Florida Statutes, is created
781	to read:
782	316.6131  Educational expenditures.--The department may
783	authorize the expenditure of funds for the purchase of
784	educational items as part of the public information and
785	education campaigns promoting highway safety and awareness, as
786	well as departmental community-based initiatives. Funds may be
787	expended for, but are not limited to, educational campaigns
788	provided in this chapter, chapters 320 and 322, and s. 403.7145.
789	Section 25.  Subsection (9) of section 316.650, Florida
790	Statutes, is amended to read:
791	316.650  Traffic citations.--
792	(9)  Such citations shall not be admissible evidence in any
793	trial, except when used as evidence of falsification, forgery,
794	uttering, fraud, or perjury, or when used as physical evidence
795	resulting from a forensic examination of the citation.
796	Section 26.  Section 317.0003, Florida Statutes, is
797	amended, to read:
798	317.0003  Definitions.--As used in this chapter ss.
799	317.0001-317.0013, the term:
800	(1)  "ATV" means any motorized off-highway or all-terrain
801	vehicle 50 inches or less in width, having a dry weight of 900
802	pounds or less, designed to travel on three or more low-pressure
803	tires, having a seat designed to be straddled by the operator
804	and handlebars for steering control, and intended for use by a
805	single operator and with no passenger.
806	(2)  "Dealer" means any person authorized by the Department
807	of Revenue to buy, sell, resell, or otherwise distribute off-
808	highway vehicles. Such person must have a valid sales tax
809	certificate of registration issued by the Department of Revenue
810	and a valid commercial or occupational license required by any
811	county, municipality, or political subdivision of the state in
812	which the person operates.
813	(3)  "Department" means the Department of Highway Safety
814	and Motor Vehicles.
815	(4)  "Florida resident" means a person who has had a
816	principal place of domicile in this state for a period of more
817	than 6 consecutive months, who has registered to vote in this
818	state, who has made a statement of domicile pursuant to s.
819	222.17, or who has filed for homestead tax exemption on property
820	in this state.
821	(5)  "OHM" or "off-highway motorcycle" means any motor
822	vehicle used off the roads or highways of this state that has a
823	seat or saddle for the use of the rider and is designed to
824	travel with not more than two wheels in contact with the ground,
825	but excludes a tractor or a moped.
826	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
827	OHM that is used off the roads or highways of this state for
828	recreational purposes and that is not registered and licensed
829	for highway use pursuant to chapter 320.
830	(7)  "Owner" means a person, other than a lienholder,
831	having the property in or title to an off-highway vehicle,
832	including a person entitled to the use or possession of an off-
833	highway vehicle subject to an interest held by another person,
834	reserved or created by agreement and securing payment of
835	performance of an obligation, but the term excludes a lessee
836	under a lease not intended as security.
837	(8)  "Public lands" means lands within the state that are
838	available for public use and that are owned, operated, or
839	managed by a federal, state, county, or municipal governmental
840	entity.
841	(9)  "Two-rider ATV" means any ATV that is specifically
842	designed by the manufacturer for a single operator and one
843	passenger.
844	Section 27.  Subsection (1) of section 317.0004, Florida
845	Statutes, is amended to read:
846	317.0004  Administration of off-highway vehicle titling
847	laws; records.--
848	(1)  The administration of off-highway vehicle titling laws
849	in this chapter ss. 317.0001-317.0013 is under the Department of
850	Highway Safety and Motor Vehicles, which shall provide for the
851	issuing, handling, and recording of all off-highway vehicle
852	titling applications and certificates, including the receipt and
853	accounting of off-highway vehicle titling fees. The provisions
854	of chapter 319 are applicable to this chapter, unless otherwise
855	explicitly stated.
856	Section 28.  Section 317.0005, Florida Statutes, is amended
857	to read:
858	317.0005  Rules, forms, and notices.--
859	(1)  The department may adopt rules pursuant to ss.
860	120.536(1) and 120.54, which pertain to off-highway vehicle
861	titling, in order to implement the provisions of this chapter
862	ss. 317.0001-317.0013 conferring duties upon it.
863	(2)  The department shall prescribe and provide suitable
864	forms for applications and other notices and forms necessary to
865	administer the provisions of this chapter ss. 317.0001-317.0013.
866	Section 29.  Subsection (1) of section 317.0006, Florida
867	Statutes, is amended to read:
868	317.0006  Certificate of title required.--
869	(1)  Any off-highway vehicle that is purchased by a
870	resident of this state after the effective date of this act or
871	that is owned by a resident and is operated on the public lands
872	of this state must be titled pursuant to this chapter ss.
873	317.0001-317.0013.
874	Section 30.  Subsection (6) is added to section 317.0007,
875	Florida Statutes, to read:
876	317.0007  Application for and issuance of certificate of
877	title.--
878	(6)  In addition to a certificate of title, the department
879	may issue a validation sticker to be placed on the off-highway
880	vehicle as proof of the issuance of title required pursuant to
881	s. 317.0006(1). A validation sticker that is lost or destroyed
882	may, upon application, be replaced by the department or county
883	tax collector. The department and county tax collector may
884	charge and deposit the fees established in ss. 320.03(5),
885	320.031, and 320.04 for all original and replacement decals.
886	Section 31.  Subsection (2) of section 317.0008, Florida
887	Statutes, is repealed.
888	Section 32.  Section 317.0010, Florida Statutes, is amended
889	to read:
890	317.0010  Disposition of fees.--The department shall
891	deposit all funds received under this chapter ss.
892	317.0001-317.0013, less administrative costs of $2 per title
893	transaction, into the Incidental Trust Fund of the Division of
894	Forestry of the Department of Agriculture and Consumer Services.
895	Section 33.  Subsection (3) of section 317.0012, Florida
896	Statutes, is amended to read:
897	317.0012  Crimes relating to certificates of title;
898	penalties.--
899	(3)  It is unlawful to:
900	(a)  Alter or forge any certificate of title to an off-
901	highway vehicle or any assignment thereof or any cancellation of
902	any lien on an off-highway vehicle.
903	(b)  Retain or use such certificate, assignment, or
904	cancellation knowing that it has been altered or forged.
905	(c)  Use a false or fictitious name, give a false or
906	fictitious address, or make any false statement in any
907	application or affidavit required by this chapter ss. 317.0001-
908	317.0013 or in a bill of sale or sworn statement of ownership or
909	otherwise commit a fraud in any application.
910	(d)  Knowingly obtain goods, services, credit, or money by
911	means of an invalid, duplicate, fictitious, forged, counterfeit,
912	stolen, or unlawfully obtained certificate of title, bill of
913	sale, or other indicia of ownership of an off-highway vehicle.
914	(e)  Knowingly obtain goods, services, credit, or money by
915	means of a certificate of title to an off-highway vehicle which
916	certificate is required by law to be surrendered to the
917	department.
918
919	Any person who violates this subsection commits a felony of the
920	third degree, punishable as provided in s. 775.082, s. 775.083,
921	or s. 775.084. A violation of this subsection with respect to
922	any off-highway vehicle makes such off-highway vehicle
923	contraband which may be seized by a law enforcement agency and
924	forfeited under ss. 932.701-932.704.
925	Section 34.  Section 317.0013, Florida Statutes, is amended
926	to read:
927	317.0013  Nonmoving traffic violations.--Any person who
928	fails to comply with any provision of this chapter ss.
929	317.0001-317.0012 for which a penalty is not otherwise provided
930	commits a nonmoving traffic violation, punishable as provided in
931	s. 318.18.
932	Section 35.  Section 317.0014, Florida Statutes, is created
933	to read:
934	317.0014  Certificate of title; issuance in duplicate;
935	delivery; liens and encumbrances.--
936	(1)  The department shall assign a number to each
937	certificate of title and shall issue each certificate of title
938	and each corrected certificate in duplicate. The database record
939	shall serve as the duplicate title certificate required in this
940	section. One printed copy may be retained on file by the
941	department.
942	(2)  A duly authorized person shall sign the original
943	certificate of title and each corrected certificate and, if
944	there are no liens or encumbrances on the off-highway vehicle,
945	as shown in the records of the department or as shown in the
946	application, shall deliver the certificate to the applicant or
947	to another person as directed by the applicant or person, agent,
948	or attorney submitting the application. If there are one or more
949	liens or encumbrances on the off-highway vehicle, the
950	certificate shall be delivered by the department to the first
951	lienholder as shown by department records or to the owner as
952	indicated in the notice of lien filed by the first lienholder.
953	If the notice of lien filed by the first lienholder indicates
954	that the certificate should be delivered to the first
955	lienholder, the department shall deliver to the first
956	lienholder, along with the certificate, a form to be
957	subsequently used by the lienholder as a satisfaction. If the
958	notice of lien filed by the first lienholder directs the
959	certificate of title to be delivered to the owner, then, upon
960	delivery of the certificate of title by the department to the
961	owner, the department shall deliver to the first lienholder
962	confirmation of the receipt of the notice of lien and the date
963	the certificate of title was issued to the owner at the owner's
964	address shown on the notice of lien and a form to be
965	subsequently used by the lienholder as a satisfaction. If the
966	application for certificate shows the name of a first lienholder
967	different from the name of the first lienholder as shown by the
968	records of the department, the certificate may not be issued to
969	any person until after all parties who appear to hold a lien and
970	the applicant for the certificate have been notified of the
971	conflict in writing by the department by certified mail. If the
972	parties do not amicably resolve the conflict within 10 days
973	after the date the notice was mailed, the department shall serve
974	notice in writing by certified mail on all persons appearing to
975	hold liens on that particular vehicle, including the applicant
976	for the certificate, to show cause within 15 days following the
977	date the notice is mailed as to why it should not issue and
978	deliver the certificate to the person indicated in the notice of
979	lien filed by the lienholder whose name appears in the
980	application as the first lienholder without showing any lien or
981	liens as outstanding other than those appearing in the
982	application or those that have been filed subsequent to the
983	filing of the application for the certificate. If, within the
984	15-day period, any person other than the lienholder shown in the
985	application or a party filing a subsequent lien, in answer to
986	the notice to show cause, appears in person or by a
987	representative, or responds in writing, and files a written
988	statement under oath that his or her lien on that particular
989	vehicle is still outstanding, the department may not issue the
990	certificate to anyone until after the conflict has been settled
991	by the lien claimants involved or by a court of competent
992	jurisdiction. If the conflict is not settled amicably within 10
993	days after the final date for filing an answer to the notice to
994	show cause, the complaining party shall have 10 days in which to
995	obtain a ruling, or a stay order, from a court of competent
996	jurisdiction. If a ruling or stay order is not issued and served
997	on the department within the 10-day period, it shall issue the
998	certificate showing no liens except those shown in the
999	application or thereafter filed to the original applicant if
1000	there are no liens shown in the application and none are
1001	thereafter filed, or to the person indicated in the notice of
1002	lien filed by the lienholder whose name appears in the
1003	application as the first lienholder if there are liens shown in
1004	the application or thereafter filed. A duplicate certificate or
1005	corrected certificate shall show only the lien or liens as shown
1006	in the application and any subsequently filed liens that may be
1007	outstanding.
1008	(3)  Except as provided in subsection (4), the certificate
1009	of title shall be retained by the first lienholder or the owner
1010	as indicated in the notice of lien filed by the first
1011	lienholder. If the first lienholder is in possession of the
1012	certificate, the first lienholder is entitled to retain the
1013	certificate until the first lien is satisfied.
1014	(4)  If the owner of the vehicle, as shown on the title
1015	certificate, desires to place a second or subsequent lien or
1016	encumbrance against the vehicle when the title certificate is in
1017	the possession of the first lienholder, the owner shall send a
1018	written request to the first lienholder by certified mail, and
1019	the first lienholder shall forward the certificate to the
1020	department for endorsement. If the title certificate is in the
1021	possession of the owner, the owner shall forward the certificate
1022	to the department for endorsement. The department shall return
1023	the certificate to either the first lienholder or to the owner,
1024	as indicated in the notice of lien filed by the first
1025	lienholder, after endorsing the second or subsequent lien on the
1026	certificate and on the duplicate. If the first lienholder or
1027	owner fails, neglects, or refuses to forward the certificate of
1028	title to the department within 10 days after the date of the
1029	owner's request, the department, on the written request of the
1030	subsequent lienholder or an assignee of the lien, shall demand
1031	of the first lienholder the return of the certificate for the
1032	notation of the second or subsequent lien or encumbrance.
1033	(5)(a)  Upon satisfaction of any first lien or encumbrance
1034	recorded by the department, the owner of the vehicle, as shown
1035	on the title certificate, or the person satisfying the lien is
1036	entitled to demand and receive from the lienholder a
1037	satisfaction of the lien. If the lienholder, upon satisfaction
1038	of the lien and upon demand, fails or refuses to furnish a
1039	satisfaction of the lien within 30 days after demand, he or she
1040	is liable for all costs, damages, and expenses, including
1041	reasonable attorney's fees, lawfully incurred by the titled
1042	owner or person satisfying the lien in any suit brought in this
1043	state for cancellation of the lien. The lienholder receiving
1044	final payment as defined in s. 674.215 shall mail or otherwise
1045	deliver a lien satisfaction and the certificate of title
1046	indicating the satisfaction within 10 working days after receipt
1047	of final payment or notify the person satisfying the lien that
1048	the title is not available within 10 working days after receipt
1049	of final payment. If the lienholder is unable to provide the
1050	certificate of title and notifies the person of such, the
1051	lienholder shall provide a lien satisfaction and is responsible
1052	for the cost of a duplicate title, including expedited title
1053	charges as provided in s. 317.0016. This paragraph does not
1054	apply to electronic transactions under subsection (8).
1055	(b)  Following satisfaction of a lien, the lienholder shall
1056	enter a satisfaction thereof in the space provided on the face
1057	of the certificate of title. If the certificate of title was
1058	retained by the owner, the owner shall, within 5 days after
1059	satisfaction of the lien, deliver the certificate of title to
1060	the lienholder and the lienholder shall enter a satisfaction
1061	thereof in the space provided on the face of the certificate of
1062	title. If no subsequent liens are shown on the certificate of
1063	title, the certificate shall be delivered by the lienholder to
1064	the person satisfying the lien or encumbrance and an executed
1065	satisfaction on a form provided by the department shall be
1066	forwarded to the department by the lienholder within 10 days
1067	after satisfaction of the lien.
1068	(c)  If the certificate of title shows a subsequent lien
1069	not then being discharged, an executed satisfaction of the first
1070	lien shall be delivered by the lienholder to the person
1071	satisfying the lien and the certificate of title showing
1072	satisfaction of the first lien shall be forwarded by the
1073	lienholder to the department within 10 days after satisfaction
1074	of the lien.
1075	(d)  If, upon receipt of a title certificate showing
1076	satisfaction of the first lien, the department determines from
1077	its records that there are no subsequent liens or encumbrances
1078	upon the vehicle, the department shall forward to the owner, as
1079	shown on the face of the title, a corrected certificate showing
1080	no liens or encumbrances. If there is a subsequent lien not
1081	being discharged, the certificate of title shall be reissued
1082	showing the second or subsequent lienholder as the first
1083	lienholder and shall be delivered to either the new first
1084	lienholder or to the owner as indicated in the notice of lien
1085	filed by the new first lienholder. If the certificate of title
1086	is to be retained by the first lienholder on the reissued
1087	certificate, the first lienholder is entitled to retain the
1088	certificate of title except as provided in subsection (4) until
1089	his or her lien is satisfied. Upon satisfaction of the lien, the
1090	lienholder is subject to the procedures required of a first
1091	lienholder by subsection (4) and this subsection.
1092	(6)  When the original certificate of title cannot be
1093	returned to the department by the lienholder and evidence
1094	satisfactory to the department is produced that all liens or
1095	encumbrances have been satisfied, upon application by the owner
1096	for a duplicate copy of the certificate upon the form prescribed
1097	by the department, accompanied by the fee prescribed in this
1098	chapter, a duplicate copy of the certificate of title, without
1099	statement of liens or encumbrances, shall be issued by the
1100	department and delivered to the owner.
1101	(7)  Any person who fails, within 10 days after receipt of
1102	a demand by the department by certified mail, to return a
1103	certificate of title to the department as required by subsection
1104	(4) or who, upon satisfaction of a lien, fails within 10 days
1105	after receipt of such demand to forward the appropriate document
1106	to the department as required by paragraph (5)(b) or paragraph
1107	(5)(c) commits a misdemeanor of the second degree, punishable as
1108	provided in s. 775.082 or s. 775.083.
1109	(8)  Notwithstanding any requirements in this section or in
1110	s. 319.27 indicating that a lien on a vehicle shall be noted on
1111	the face of the Florida certificate of title, if there are one
1112	or more liens or encumbrances on the off-highway vehicle, the
1113	department may electronically transmit the lien to the first
1114	lienholder and notify the first lienholder of any additional
1115	liens. Subsequent lien satisfactions may be electronically
1116	transmitted to the department and must include the name and
1117	address of the person or entity satisfying the lien. When
1118	electronic transmission of liens and lien satisfactions are
1119	used, the issuance of a certificate of title may be waived until
1120	the last lien is satisfied and a clear certificate of title is
1121	issued to the owner of the vehicle.
1122	(9)  In sending any notice, the department is required to
1123	use only the last known address, as shown by its records.
1124	Section 36.  Section 317.0015, Florida Statutes, is created
1125	to read:
1126	317.0015  Application of law.--Sections 319.235, 319.241,
1127	319.25, 319.27, 319.28, and 319.40 apply to all off-highway
1128	vehicles that are required to be titled under this chapter.
1129	Section 37.  Section 317.0016, Florida Statutes, is created
1130	to read:
1131	317.0016  Expedited service; applications; fees.--The
1132	department shall provide, through its agents and for use by the
1133	public, expedited service on title transfers, title issuances,
1134	duplicate titles, recordation of liens, and certificates of
1135	repossession. A fee of $7 shall be charged for this service,
1136	which is in addition to the fees imposed by ss. 317.0007 and
1137	317.0008, and $3.50 of this fee shall be retained by the
1138	processing agency. All remaining fees shall be deposited in the
1139	Incidental Trust Fund of the Division of Forestry of the
1140	Department of Agriculture and Consumer Services. Application for
1141	expedited service may be made by mail or in person. The
1142	department shall issue each title applied for pursuant to this
1143	section within 5 working days after receipt of the application
1144	except for an application for a duplicate title certificate
1145	covered by s. 317.0008(3), in which case the title must be
1146	issued within 5 working days after compliance with the
1147	department's verification requirements.
1148	Section 38.  Section 317.0017, Florida Statutes, is created
1149	to read:
1150	317.0017  Offenses involving vehicle identification
1151	numbers, applications, certificates, papers; penalty.--
1152	(1)  A person may not:
1153	(a)  Alter or forge any certificate of title to an off-
1154	highway vehicle or any assignment thereof or any cancellation of
1155	any lien on an off-highway vehicle.
1156	(b)  Retain or use such certificate, assignment, or
1157	cancellation knowing that it has been altered or forged.
1158	(c)  Procure or attempt to procure a certificate of title
1159	to an off-highway vehicle, or pass or attempt to pass a
1160	certificate of title or any assignment thereof to an off-highway
1161	vehicle, knowing or having reason to believe that the off-
1162	highway vehicle has been stolen.
1163	(d)  Possess, sell or offer for sale, conceal, or dispose
1164	of in this state an off-highway vehicle, or major component part
1165	thereof, on which any motor number or vehicle identification
1166	number affixed by the manufacturer or by a state agency has been
1167	destroyed, removed, covered, altered, or defaced, with knowledge
1168	of such destruction, removal, covering, alteration, or
1169	defacement, except as provided in s. 319.30(4).
1170	(e)  Use a false or fictitious name, give a false or
1171	fictitious address, or make any false statement in any
1172	application or affidavit required under this chapter or in a
1173	bill of sale or sworn statement of ownership or otherwise commit
1174	a fraud in any application.
1175	(2)  A person may not knowingly obtain goods, services,
1176	credit, or money by means of an invalid, duplicate, fictitious,
1177	forged, counterfeit, stolen, or unlawfully obtained certificate
1178	of title, registration, bill of sale, or other indicia of
1179	ownership of an off-highway vehicle.
1180	(3)  A person may not knowingly obtain goods, services,
1181	credit, or money by means of a certificate of title to an off-
1182	highway vehicle, which certificate is required by law to be
1183	surrendered to the department.
1184	(4)  A person may not knowingly and with intent to defraud
1185	have in his or her possession, sell, offer to sell, counterfeit,
1186	or supply a blank, forged, fictitious, counterfeit, stolen, or
1187	fraudulently or unlawfully obtained certificate of title, bill
1188	of sale, or other indicia of ownership of an off-highway vehicle
1189	or conspire to do any of the foregoing.
1190	(5)  A person, firm, or corporation may not knowingly
1191	possess, manufacture, sell or exchange, offer to sell or
1192	exchange, supply in blank, or give away any counterfeit
1193	manufacturer's or state-assigned identification number plates or
1194	serial plates or any decal used for the purpose of identifying
1195	an off-highway vehicle. An officer, agent, or employee of any
1196	person, firm, or corporation, or any person may not authorize,
1197	direct, aid in exchange, or give away, or conspire to authorize,
1198	direct, aid in exchange, or give away, such counterfeit
1199	manufacturer's or state-assigned identification number plates or
1200	serial plates or any decal. However, this subsection does not
1201	apply to any approved replacement manufacturer's or state-
1202	assigned identification number plates or serial plates or any
1203	decal issued by the department or any state.
1204	(6)  A person who violates any provision of this section
1205	commits a felony of the third degree, punishable as provided in
1206	s. 775.082, s. 775.083, or s. 775.084. Any off-highway vehicle
1207	used in violation of this section constitutes contraband that
1208	may be seized by a law enforcement agency and that is subject to
1209	forfeiture proceedings pursuant to ss. 932.701-932.704. This
1210	section is not exclusive of any other penalties prescribed by
1211	any existing or future laws for the larceny or unauthorized
1212	taking of off-highway vehicles, but is supplementary thereto.
1213	Section 39.  Section 317.0018, Florida Statutes, is created
1214	to read:
1215	317.0018  Transfer without delivery of certificate;
1216	operation or use without certificate; failure to surrender;
1217	other violations.--Except as otherwise provided in this chapter,
1218	any person who:
1219	(1)  Purports to sell or transfer an off-highway vehicle
1220	without delivering to the purchaser or transferee of the vehicle
1221	a certificate of title to the vehicle duly assigned to the
1222	purchaser as provided in this chapter;
1223	(2)  Operates or uses in this state an off-highway vehicle
1224	for which a certificate of title is required without the
1225	certificate having been obtained in accordance with this
1226	chapter, or upon which the certificate of title has been
1227	canceled;
1228	(3)  Fails to surrender a certificate of title upon
1229	cancellation of the certificate by the department and notice
1230	thereof as prescribed in this chapter;
1231	(4)  Fails to surrender the certificate of title to the
1232	department as provided in this chapter in the case of the
1233	destruction, dismantling, or change of an off-highway vehicle in
1234	such respect that it is not the off-highway vehicle described in
1235	the certificate of title; or
1236	(5)  Violates any other provision of this chapter or a
1237	lawful rule adopted pursuant to this chapter
1238
1239	shall be fined not more than $500 or imprisoned for not more
1240	than 6 months, or both, for each offense, unless otherwise
1241	specified.
1242	Section 40.  Section 318.1215, Florida Statutes, is amended
1243	to read:
1244	318.1215  Dori Slosberg Driver Education Safety
1245	Act.--Effective October 1, 2002, notwithstanding the provisions
1246	of s. 318.121, a board of county commissioners may require, by
1247	ordinance, that the clerk of the court collect an additional $3
1248	with each civil traffic penalty, which shall be used to fund
1249	driver traffic education programs in public and nonpublic
1250	schools. The ordinance shall provide for the board of county
1251	commissioners to administer the funds, which shall be used for
1252	enhancement and not replacement of driver education program
1253	funds. The funds shall be used for direct educational expenses
1254	and shall not be used for administration. Each driver education
1255	program receiving funds pursuant to this section shall require
1256	that a minimum of 30 percent of a student's time in the program
1257	shall consist of behind-the-wheel training. This section may be
1258	cited as the "Dori Slosberg Driver Education Safety Act."
1259	Section 41.  Subsections (7), (9), and (10) of section
1260	318.14, Florida Statutes, are amended to read:
1261	318.14  Noncriminal traffic infractions; exception;
1262	procedures.--
1263	(7)(a)  The official having jurisdiction over the
1264	infraction shall certify to the department within 10 days after
1265	payment of the civil penalty that the defendant has admitted to
1266	the infraction. If the charge results in a hearing, the official
1267	having jurisdiction shall certify to the department the final
1268	disposition within 10 days after of the hearing. All
1269	dispositions returned to the county requiring a correction shall
1270	be resubmitted to the department within 10 days after the
1271	notification of the error.
1272	(b)  If the official having jurisdiction over the traffic
1273	infraction submits the final disposition to the department more
1274	than 180 days after the final hearing or after payment of the
1275	civil penalty, the department may modify any resulting
1276	suspension or revocation action to begin as if the citation were
1277	reported in a timely manner.
1278	(9)  Any person who does not hold a commercial driver's
1279	license and who is cited for an infraction under this section
1280	other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),
1281	s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu
1282	of a court appearance, elect to attend in the location of his or
1283	her choice within this state a basic driver improvement course
1284	approved by the Department of Highway Safety and Motor Vehicles.
1285	In such a case, adjudication must be withheld; points, as
1286	provided by s. 322.27, may not be assessed; and the civil
1287	penalty that is imposed by s. 318.18(3) must be reduced by 18
1288	percent; however, a person may not make an election under this
1289	subsection if the person has made an election under this
1290	subsection in the preceding 12 months. A person may make no more
1291	than five elections under this subsection. The requirement for
1292	community service under s. 318.18(8) is not waived by a plea of
1293	nolo contendere or by the withholding of adjudication of guilt
1294	by a court.
1295	(10)(a)  Any person who does not hold a commercial driver's
1296	license and who is cited for an offense listed under this
1297	subsection may, in lieu of payment of fine or court appearance,
1298	elect to enter a plea of nolo contendere and provide proof of
1299	compliance to the clerk of the court or authorized operator of a
1300	traffic violations bureau. In such case, adjudication shall be
1301	withheld; however, no election shall be made under this
1302	subsection if such person has made an election under this
1303	subsection in the 12 months preceding election hereunder. No
1304	person may make more than three elections under this subsection.
1305	This subsection applies to the following offenses:
1306	1.  Operating a motor vehicle without a valid driver's
1307	license in violation of the provisions of s. 322.03, s. 322.065,
1308	or s. 322.15(1), or operating a motor vehicle with a license
1309	which has been suspended for failure to appear, failure to pay
1310	civil penalty, or failure to attend a driver improvement course
1311	pursuant to s. 322.291.
1312	2.  Operating a motor vehicle without a valid registration
1313	in violation of s. 320.0605, s. 320.07, or s. 320.131.
1314	3.  Operating a motor vehicle in violation of s. 316.646.
1315	(b)  Any person cited for an offense listed in this
1316	subsection shall present proof of compliance prior to the
1317	scheduled court appearance date. For the purposes of this
1318	subsection, proof of compliance shall consist of a valid,
1319	renewed, or reinstated driver's license or registration
1320	certificate and proper proof of maintenance of security as
1321	required by s. 316.646. Notwithstanding waiver of fine, any
1322	person establishing proof of compliance shall be assessed court
1323	costs of $22, except that a person charged with violation of s.
1324	316.646(1)-(3) may be assessed court costs of $7. One dollar of
1325	such costs shall be remitted to the Department of Revenue for
1326	deposit into the Child Welfare Training Trust Fund of the
1327	Department of Children and Family Services. One dollar of such
1328	costs shall be distributed to the Department of Juvenile Justice
1329	for deposit into the Juvenile Justice Training Trust Fund.
1330	Twelve dollars of such costs shall be distributed to the
1331	municipality and $8 shall be deposited by the clerk of the court
1332	into the fine and forfeiture fund established pursuant to s.
1333	142.01, if the offense was committed within the municipality. If
1334	the offense was committed in an unincorporated area of a county
1335	or if the citation was for a violation of s. 316.646(1)-(3), the
1336	entire amount shall be deposited by the clerk of the court into
1337	the fine and forfeiture fund established pursuant to s. 142.01,
1338	except for the moneys to be deposited into the Child Welfare
1339	Training Trust Fund and the Juvenile Justice Training Trust
1340	Fund. This subsection shall not be construed to authorize the
1341	operation of a vehicle without a valid driver's license, without
1342	a valid vehicle tag and registration, or without the maintenance
1343	of required security.
1344	Section 42.  Effective October 1, 2005, subsection (5) of
1345	section 318.14, Florida Statutes, is amended to read:
1346	318.14  Noncriminal traffic infractions; exception;
1347	procedures.--
1348	(5)  Any person electing to appear before the designated
1349	official or who is required so to appear shall be deemed to have
1350	waived his or her right to the civil penalty provisions of s.
1351	318.18. The official, after a hearing, shall make a
1352	determination as to whether an infraction has been committed. If
1353	the commission of an infraction has been proven, the official
1354	may impose a civil penalty not to exceed $500, except that in
1355	cases involving unlawful speed in a school zone or, involving
1356	unlawful speed in a construction zone, or involving a death, the
1357	civil penalty may not exceed $1,000; or require attendance at a
1358	driver improvement school, or both. If the person is required to
1359	appear before the designated official pursuant to s. 318.19(1)
1360	and is found to have committed the infraction, the designated
1361	official shall impose a civil penalty of $1,000 in addition to
1362	any other penalties and the person's driver license shall be
1363	suspended for 6 months. If the person is required to appear
1364	before the designated official pursuant to s. 318.19(2) and is
1365	found to have committed the infraction, the designated official
1366	shall impose a civil penalty of $500 in addition to any other
1367	penalties and the person's driver license shall be suspended for
1368	3 months. If the official determines that no infraction has been
1369	committed, no costs or penalties shall be imposed and any costs
1370	or penalties that have been paid shall be returned. Moneys
1371	received from the mandatory civil penalties imposed pursuant to
1372	this subsection upon persons required to appear before a
1373	designated official pursuant to s. 318.19(1) or (2) shall be
1374	remitted to the Department of Revenue and distributed in the
1375	following manner:
1376	(a)  One million dollars annually shall be transferred to
1377	ABATE of Florida, Inc., a 501(c)(4) corporation, for the purpose
1378	of fostering motorcycle safety awareness, education, and
1379	research programs relating to accident prevention. Such funds
1380	shall be subject to annual audit by the department and the
1381	Auditor General.
1382	(b)  The remaining funds shall be deposited into the
1383	Highway Safety Operating Trust to be used by the department for
1384	the purpose of fostering safety awareness, education, and
1385	research programs relating to accident prevention.
1386	Section 43.  Effective October 1, 2005, subsection (13) is
1387	added to section 318.21, Florida Statutes, to read:
1388	318.21  Disposition of civil penalties by county
1389	courts.--All civil penalties received by a county court pursuant
1390	to the provisions of this chapter shall be distributed and paid
1391	monthly as follows:
1392	(13)  Notwithstanding subsections (1) and (2), the proceeds
1393	from the mandatory civil penalties imposed pursuant to s.
1394	318.14(5) shall be distributed as provided in that section.
1395	Section 44.  Subsection (6) of section 319.23, Florida
1396	Statutes, is amended to read:
1397	319.23  Application for, and issuance of, certificate of
1398	title.--
1399	(6)  In the case of the sale of a motor vehicle or mobile
1400	home by a licensed dealer to a general purchaser, the
1401	certificate of title shall be obtained in the name of the
1402	purchaser by the dealer upon application signed by the
1403	purchaser, and in each other case such certificate shall be
1404	obtained by the purchaser. In each case of transfer of a motor
1405	vehicle or mobile home, the application for certificate of
1406	title, or corrected certificate, or assignment or reassignment,
1407	shall be filed within 30 days from the delivery of such motor
1408	vehicle or mobile home to the purchaser. An applicant shall be
1409	required to pay a fee of $10, in addition to all other fees and
1410	penalties required by law, for failing to file such application
1411	within the specified time. When a licensed dealer acquires a
1412	motor vehicle or mobile home as a trade-in, the dealer must file
1413	with the department, within 30 days, a notice of sale signed by
1414	the seller. The department shall update its database for that
1415	title record to indicate "sold." A licensed dealer need not
1416	apply for a certificate of title for any motor vehicle or mobile
1417	home in stock acquired for stock purposes except as provided in
1418	s. 319.225.
1419	Section 45.  Subsections (2) and (3) of section 319.27,
1420	Florida Statutes, are amended to read:
1421	319.27  Notice of lien on motor vehicles or mobile homes;
1422	notation on certificate; recording of lien.--
1423	(2)  No lien for purchase money or as security for a debt
1424	in the form of a security agreement, retain title contract,
1425	conditional bill of sale, chattel mortgage, or other similar
1426	instrument or any other nonpossessory lien, including a lien for
1427	child support, upon a motor vehicle or mobile home upon which a
1428	Florida certificate of title has been issued shall be
1429	enforceable in any of the courts of this state against creditors
1430	or subsequent purchasers for a valuable consideration and
1431	without notice, unless a sworn notice of such lien has been
1432	filed in the department and such lien has been noted upon the
1433	certificate of title of the motor vehicle or mobile home. Such
1434	notice shall be effective as constructive notice when filed. No
1435	interest of a statutory nonpossessory lienor; the interest of a
1436	nonpossessory execution, attachment, or equitable lienor; or the
1437	interest of a lien creditor as defined in s. 679.1021(1)(zz) s.
1438	679.301(3), if nonpossessory, shall be enforceable against
1439	creditors or subsequent purchasers for a valuable consideration
1440	unless such interest becomes a possessory lien or is noted upon
1441	the certificate of title for the subject motor vehicle or mobile
1442	home prior to the occurrence of the subsequent transaction.
1443	Provided the provisions of this subsection relating to a
1444	nonpossessory statutory lienor; a nonpossessory execution,
1445	attachment, or equitable lienor; or the interest of a lien
1446	creditor as defined in s. 679.1021(1)(zz) s. 679.301(3) shall
1447	not apply to liens validly perfected prior to October 1, 1988.
1448	The notice of lien shall provide the following information:
1449	(a)  The date of the lien if a security agreement, retain
1450	title contract, conditional bill of sale, chattel mortgage, or
1451	other similar instrument was executed prior to the filing of the
1452	notice of lien;
1453	(b)  The name and address of the registered owner;
1454	(c)  A description of the motor vehicle or mobile home,
1455	showing the make, type, and vehicle identification number; and
1456	(d)  The name and address of the lienholder.
1457	(3)(a)  A person may file a notice of lien with regard to a
1458	motor vehicle or mobile home before a security agreement, retain
1459	title contract, conditional bill of sale, chattel mortgage, or
1460	other similar instrument is executed granting a lien, mortgage,
1461	or encumbrance on, or a security interest in, such motor vehicle
1462	or mobile home.
1463	(b)  As applied to a determination of the respective rights
1464	of a secured party under this chapter and a lien creditor as
1465	defined by s. 679.1021(1)(zz) s. 679.301(3), or a nonpossessory
1466	statutory lienor, a security interest under this chapter shall
1467	be perfected upon the filing of the notice of lien with the
1468	department, the county tax collector, or their agents. Provided,
1469	however, the date of perfection of a security interest of such
1470	secured party shall be the same date as the execution of the
1471	security agreement or other similar instrument if the notice of
1472	lien is filed in accordance with this subsection within 15 days
1473	after the debtor receives possession of the motor vehicle or
1474	mobile home and executes such security agreement or other
1475	similar instrument. The date of filing of the notice of lien
1476	shall be the date of its receipt by the department central
1477	office in Tallahassee, if first filed there, or otherwise by the
1478	office of the county tax collector, or their agents.
1479	Section 46.  Paragraph (b) of subsection (3) of section
1480	319.30, Florida Statutes, is amended to read:
1481	319.30  Definitions; dismantling, destruction, change of
1482	identity of motor vehicle or mobile home; salvage.--
1483	(3)
1484	(b)  The owner, including persons who are self-insured, of
1485	any motor vehicle or mobile home which is considered to be
1486	salvage shall, within 72 hours after the motor vehicle or mobile
1487	home becomes salvage, forward the title to the motor vehicle or
1488	mobile home to the department for processing. However, an
1489	insurance company which pays money as compensation for total
1490	loss of a motor vehicle or mobile home shall obtain the
1491	certificate of title for the motor vehicle or mobile home and,
1492	within 72 hours after receiving such certificate of title, shall
1493	forward such title to the department for processing. The owner
1494	or insurance company, as the case may be, may not dispose of a
1495	vehicle or mobile home that is a total loss before it has
1496	obtained a salvage certificate of title or certificate of
1497	destruction from the department. When applying for a salvage
1498	certificate of title or certificate of destruction, the owner or
1499	insurance company must provide the department with an estimate
1500	of the costs of repairing the physical and mechanical damage
1501	suffered by the vehicle for which a salvage certificate of title
1502	or certificate of destruction is sought. If the estimated costs
1503	of repairing the physical and mechanical damage to the vehicle
1504	are equal to 80 percent or more of the current retail cost of
1505	the vehicle, as established in any official used car or used
1506	mobile home guide, the department shall declare the vehicle
1507	unrebuildable and print a certificate of destruction, which
1508	authorizes the dismantling or destruction of the motor vehicle
1509	or mobile home described therein. This certificate of
1510	destruction shall be reassignable a maximum of two times before
1511	dismantling or destruction of the vehicle shall be required, and
1512	shall accompany the motor vehicle or mobile home for which it is
1513	issued, when such motor vehicle or mobile home is sold for such
1514	purposes, in lieu of a certificate of title, and, thereafter,
1515	the department shall refuse issuance of any certificate of title
1516	for that vehicle. Nothing in this subsection shall be applicable
1517	when a vehicle is worth less than $5,000 $1,500 retail in
1518	undamaged condition in any official used motor vehicle guide or
1519	used mobile home guide or when a stolen motor vehicle or mobile
1520	home is recovered in substantially intact condition and is
1521	readily resalable without extensive repairs to or replacement of
1522	the frame or engine. Any person who willfully and deliberately
1523	violates this paragraph or falsifies any document to avoid the
1524	requirements of this paragraph commits a misdemeanor of the
1525	first degree, punishable as provided in s. 775.082 or s.
1526	775.083.
1527	Section 47.  Subsection (19) is added to section 320.02,
1528	Florida Statutes, to read:
1529	320.02  Registration required; application for
1530	registration; forms; withholding of registration.--
1531	(19)  The department is authorized to withhold registration
1532	or renewal of registration of any motor vehicle if the name of
1533	the owner or one of the coowners appears on a list that was
1534	submitted to the department by a licensed motor vehicle dealer
1535	showing that money is owed to the dealer for fees for a previous
1536	registration. The motor vehicle dealer must maintain signed
1537	evidence that the owner or coowner acknowledged the dealer's
1538	authority to submit the list to the department if the owner or
1539	coowner failed to pay and must note the amount the owner or
1540	coowner would be responsible to pay for the vehicle
1541	registration. The dealer must maintain the necessary
1542	documentation required in this subsection or face penalties as
1543	provided in s. 320.27. This subsection does not affect the
1544	issuance of a title to a motor vehicle.
1545	(a)  If the motor vehicle owner or coowner has documentary
1546	proof that the registration fees have been paid to the dealer
1547	for the disputed amount, the motor vehicle owner or coowner may
1548	dispute the claim that money is owed to a dealer for
1549	registration fees by submitting a form to the department.
1550	Without clear evidence of the amounts owed for the vehicle
1551	registration and repayment, the department will assume initial
1552	payments are applied to government-assessed fees first.
1553	(b)  If the motor vehicle owner's or coowner's dispute
1554	complies with paragraph (a), the department shall immediately
1555	remove the motor vehicle owner's or coowner's name from the
1556	list, thereby allowing the issuance of a license plate or
1557	revalidation sticker.
1558	Section 48.  Paragraph (b) of subsection (1) of section
1559	320.06, Florida Statutes, is amended to read:
1560	320.06  Registration certificates, license plates, and
1561	validation stickers generally.--
1562	(1)
1563	(b)  Registration license plates bearing a graphic symbol
1564	and the alphanumeric system of identification shall be issued
1565	for a 5-year period. At the end of said 5-year period, upon
1566	renewal, the plate shall be replaced. The fee for such
1567	replacement shall be $10, $2 of which shall be paid each year
1568	before the plate is replaced, to be credited towards the next
1569	$10 replacement fee. The fees shall be deposited into the
1570	Highway Safety Operating Trust Fund. A credit or refund shall
1571	not be given for any prior years' payments of such prorated
1572	replacement fee when the plate is replaced or surrendered before
1573	the end of the 5-year period, except that a credit may be given
1574	when a registrant is required by the department to replace a
1575	license plate under s. 320.08056(8)(a). With each license plate,
1576	there shall be issued a validation sticker showing the owner's
1577	birth month, license plate number, and the year of expiration or
1578	the appropriate renewal period if the owner is not a natural
1579	person. The validation sticker is to be placed on the upper
1580	right corner of the license plate. Such license plate and
1581	validation sticker shall be issued based on the applicant's
1582	appropriate renewal period. The registration period shall be a
1583	period of 12 months, and all expirations shall occur based on
1584	the applicant's appropriate registration period. A vehicle with
1585	an apportioned registration shall be issued an annual license
1586	plate and a cab card that denote the declared gross vehicle
1587	weight for each apportioned jurisdiction in which the vehicle is
1588	authorized to operate.
1589	Section 49.  Section 320.0601, Florida Statutes, is amended
1590	to read:
1591	320.0601  Lease and rental car companies; identification of
1592	vehicles as for-hire.--
1593	(1)  A rental car company may not rent in this state any
1594	for-hire vehicle, other than vehicles designed to transport
1595	cargo, that has affixed to its exterior any bumper stickers,
1596	insignias, or advertising that identifies the vehicle as a
1597	rental vehicle.
1598	(2)  As used in this section, the term:
1599	(a)  "Bumper stickers, insignias, or advertising" does not
1600	include:
1601	1.  Any emblem of no more than two colors which is less
1602	than 2 inches by 4 inches, which is placed on the rental car for
1603	inventory purposes only, and which does not display the name or
1604	logo of the rental car company; or
1605	2.  Any license required by the law of the state in which
1606	the vehicle is registered.
1607	(b)  "Rent in this state" means to sign a rental contract
1608	in this state or to deliver a car to a renter in this state.
1609	(3)  A rental car company that leases a motor vehicle that
1610	is found to be in violation of this section shall be punished by
1611	a fine of $500 per occurrence.
1612	(4)  Any registration or renewal as required under s.
1613	320.02 for an original or transfer of a long-term leased motor
1614	vehicle must be in the name and address of the lessee.
1615	Section 50.  Section 320.0605, Florida Statutes, is amended
1616	to read:
1617	320.0605  Certificate of registration; possession required;
1618	exception.--The registration certificate or an official copy
1619	thereof, a true copy of a rental or lease agreement issued for a
1620	motor vehicle or issued for a replacement vehicle in the same
1621	registration period, a temporary receipt printed upon self-
1622	initiated electronic renewal of a registration via the Internet,
1623	or a cab card issued for a vehicle registered under the
1624	International Registration Plan shall, at all times while the
1625	vehicle is being used or operated on the roads of this state, be
1626	in the possession of the operator thereof or be carried in the
1627	vehicle for which issued and shall be exhibited upon demand of
1628	any authorized law enforcement officer or any agent of the
1629	department, except for a vehicle registered under s. 320.0657.
1630	The provisions of this section do not apply during the first 30
1631	days after purchase of a replacement vehicle. A violation of
1632	this section is a noncriminal traffic infraction, punishable as
1633	a nonmoving violation as provided in chapter 318.
1634	Section 51.  Paragraph (b) of subsection (33) and paragraph
1635	(c) of subsection (56) of section 320.08058, Florida Statutes,
1636	are amended to read:
1637	320.08058  Specialty license plates.--
1638	(33)  UNITED WE STAND LICENSE PLATES.--
1639	(b)  The department shall retain all revenues from the sale
1640	of such plates until all startup costs for developing and
1641	issuing the plates have been recovered. Thereafter, 50 percent
1642	of the annual use fee shall be distributed to the Department of
1643	Transportation to fund a grant program to enhance security at
1644	airports throughout the state and 50 percent of such fees shall
1645	be distributed to the Rewards for Justice Fund, to be
1646	contributed to the United States State Department's Rewards for
1647	Justice program and used solely to apprehend terrorists and
1648	bring them to justice.
1649	(56)  ANIMAL FRIEND LICENSE PLATES.--
1650	(c)  After the department has recovered all startup costs
1651	for developing and issuing the plates, the annual use fees shall
1652	be distributed to Florida Animal Friend, Inc. the Humane Society
1653	of the United States for animal welfare programs and spay and
1654	neuter programs in the state.
1655	Section 52.  Section 320.0843, Florida Statutes, is amended
1656	to read:
1657	320.0843  License plates for persons with disabilities
1658	eligible for permanent disabled parking permits.--
1659	(1)  Any owner or lessee of a motor vehicle who resides in
1660	this state and qualifies for a disabled parking permit under s.
1661	320.0848(2), upon application to the department and payment of
1662	the license tax for a motor vehicle registered under s.
1663	320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
1664	(9)(c) or (d), shall be issued a license plate as provided by s.
1665	320.06 which, in lieu of the serial number prescribed by s.
1666	320.06, shall be stamped with the international wheelchair user
1667	symbol after the serial number of the license plate. The license
1668	plate entitles the person to all privileges afforded by a
1669	parking permit issued under s. 320.0848. When more that one
1670	registrant is listed on the registration issued under this
1671	section, the eligible applicant shall be noted on the
1672	registration certificate.
1673	(2)  All applications for such license plates must be made
1674	to the department.
1675	Section 53.  Paragraph (a) of subsection (1) of section
1676	320.089, Florida Statutes, is amended to read:
1677	320.089  Members of National Guard and active United States
1678	Armed Forces reservists; former prisoners of war; survivors of
1679	Pearl Harbor; Purple Heart medal recipients; special license
1680	plates; fee.--
1681	(1)(a)  Each owner or lessee of an automobile or truck for
1682	private use or recreational vehicle as specified in s.
1683	320.08(9)(c) or (d), which is not used for hire or commercial
1684	use, who is a resident of the state and an active or retired
1685	member of the Florida National Guard, a survivor of the attack
1686	on Pearl Harbor, a recipient of the Purple Heart medal, or an
1687	active or retired member of any branch of the United States
1688	Armed Forces Reserve shall, upon application to the department,
1689	accompanied by proof of active membership or retired status in
1690	the Florida National Guard, proof of membership in the Pearl
1691	Harbor Survivors Association or proof of active military duty in
1692	Pearl Harbor on December 7, 1941, proof of being a Purple Heart
1693	medal recipient, or proof of active or retired membership in any
1694	branch of the Armed Forces Reserve, and upon payment of the
1695	license tax for the vehicle as provided in s. 320.08, be issued
1696	a license plate as provided by s. 320.06, upon which, in lieu of
1697	the serial numbers prescribed by s. 320.06, shall be stamped the
1698	words "National Guard," "Pearl Harbor Survivor," "Combat-wounded
1699	veteran," or "U.S. Reserve," as appropriate, followed by the
1700	serial number of the license plate. Additionally, the Purple
1701	Heart plate may have the words "Purple Heart" stamped on the
1702	plate and the likeness of the Purple Heart medal appearing on
1703	the plate.
1704	Section 54.  Subsection (8) is added to section 320.131,
1705	Florida Statutes, to read:
1706	320.131  Temporary tags.--
1707	(8)  The department may administer an electronic system for
1708	licensed motor vehicle dealers to use in issuing temporary
1709	license plates. Upon issuing a temporary license plate, the
1710	dealer shall access the electronic system and enter the
1711	appropriate vehicle and owner information within the timeframe
1712	specified by department rule. If a dealer fails to comply with
1713	the department's requirements for issuing temporary license
1714	plates using the electronic system, the department may deny,
1715	suspend, or revoke a license under s. 320.27(9)(b)16. upon proof
1716	that the licensee has failed to comply with the department's
1717	requirements. The department may adopt rules pursuant to ss.
1718	120.536(1) and 120.54 to administer the provisions of this
1719	subsection.
1720	Section 55.  Subsection (1) of section 320.18, Florida
1721	Statutes, is amended to read:
1722	320.18  Withholding registration.--
1723	(1)  The department may withhold the registration of any
1724	motor vehicle or mobile home the owner of which has failed to
1725	register it under the provisions of law for any previous period
1726	or periods for which it appears registration should have been
1727	made in this state, until the tax for such period or periods is
1728	paid. The department may cancel any vehicle or vessel
1729	registration, driver's license, identification card, license
1730	plate or fuel-use tax decal if the owner pays for the vehicle or
1731	vessel registration, driver's license, identification card, or
1732	license plate, fuel-use tax decal; pays any administrative,
1733	delinquency, or reinstatement fee;, or pays any tax liability,
1734	penalty, or interest specified in chapter 207 by a dishonored
1735	check, or if the vehicle owner or motor carrier has failed to
1736	pay a penalty for a weight or safety violation issued by the
1737	Department of Transportation Motor Carrier Compliance Office.
1738	The Department of Transportation and the Department of Highway
1739	Safety and Motor Vehicles may impound any commercial motor
1740	vehicle that has a canceled license plate or fuel-use tax decal
1741	until the tax liability, penalty, and interest specified in
1742	chapter 207, the license tax, or the fuel-use decal fee, and
1743	applicable administrative fees have been paid for by certified
1744	funds.
1745	Section 56.  Paragraph (a) of subsection (4), subsection
1746	(6), and paragraph (b) of subsection (9) of section 320.27,
1747	Florida Statutes, are amended to read:
1748	320.27  Motor vehicle dealers.--
1749	(4)  LICENSE CERTIFICATE.--
1750	(a)  A license certificate shall be issued by the
1751	department in accordance with such application when the
1752	application is regular in form and in compliance with the
1753	provisions of this section. The license certificate may be in
1754	the form of a document or a computerized card as determined by
1755	the department. The actual cost of each original, additional, or
1756	replacement computerized card shall be borne by the licensee and
1757	is in addition to the fee for licensure. Such license, when so
1758	issued, entitles the licensee to carry on and conduct the
1759	business of a motor vehicle dealer. Each license issued to a
1760	franchise motor vehicle dealer expires annually on December 31
1761	unless revoked or suspended prior to that date. Each license
1762	issued to an independent or wholesale dealer or auction expires
1763	annually on April 30 unless revoked or suspended prior to that
1764	date. Not less than 60 days prior to the license expiration
1765	date, the department shall deliver or mail to each licensee the
1766	necessary renewal forms. Each independent dealer shall certify
1767	that the dealer principal (owner, partner, officer of the
1768	corporation, or director) has completed 8 hours of continuing
1769	education prior to filing the renewal forms with the department.
1770	Such certification shall be filed once every 2 years commencing
1771	with the 2006 renewal period. The continuing education shall
1772	include at least 2 hours of legal or legislative issues, 1 hour
1773	of department issues, and 5 hours of relevant motor vehicle
1774	industry topics. Continuing education shall be provided by
1775	dealer schools licensed under paragraph (b) either in a
1776	classroom setting or by correspondence. Such schools shall
1777	provide certificates of completion to the department and the
1778	customer which shall be filed with the license renewal form, and
1779	such schools may charge a fee for providing continuing
1780	education. Any licensee who does not file his or her application
1781	and fees and any other requisite documents, as required by law,
1782	with the department at least 30 days prior to the license
1783	expiration date shall cease to engage in business as a motor
1784	vehicle dealer on the license expiration date. A renewal filed
1785	with the department within 45 days after the expiration date
1786	shall be accompanied by a delinquent fee of $100. Thereafter, a
1787	new application is required, accompanied by the initial license
1788	fee. A license certificate duly issued by the department may be
1789	modified by endorsement to show a change in the name of the
1790	licensee, provided, as shown by affidavit of the licensee, the
1791	majority ownership interest of the licensee has not changed or
1792	the name of the person appearing as franchisee on the sales and
1793	service agreement has not changed. Modification of a license
1794	certificate to show any name change as herein provided shall not
1795	require initial licensure or reissuance of dealer tags; however,
1796	any dealer obtaining a name change shall transact all business
1797	in and be properly identified by that name. All documents
1798	relative to licensure shall reflect the new name. In the case of
1799	a franchise dealer, the name change shall be approved by the
1800	manufacturer, distributor, or importer. A licensee applying for
1801	a name change endorsement shall pay a fee of $25 which fee shall
1802	apply to the change in the name of a main location and all
1803	additional locations licensed under the provisions of subsection
1804	(5). Each initial license application received by the department
1805	shall be accompanied by verification that, within the preceding
1806	6 months, the applicant, or one or more of his or her designated
1807	employees, has attended a training and information seminar
1808	conducted by a licensed motor vehicle dealer training school the
1809	department. Such seminar shall include, but is not limited to,
1810	statutory dealer requirements, which requirements include
1811	required bookkeeping and recordkeeping procedures, requirements
1812	for the collection of sales and use taxes, and such other
1813	information that in the opinion of the department will promote
1814	good business practices. No seminar may exceed 8 hours in
1815	length.
1816	(6)  RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall
1817	keep a book or record in such form as shall be prescribed or
1818	approved by the department for a period of 5 years, in which the
1819	licensee shall keep a record of the purchase, sale, or exchange,
1820	or receipt for the purpose of sale, of any motor vehicle, the
1821	date upon which any temporary tag was issued, the date of title
1822	transfer, and a description of such motor vehicle together with
1823	the name and address of the seller, the purchaser, and the
1824	alleged owner or other person from whom such motor vehicle was
1825	purchased or received or to whom it was sold or delivered, as
1826	the case may be. Such description shall include the
1827	identification or engine number, maker's number, if any, chassis
1828	number, if any, and such other numbers or identification marks
1829	as may be thereon and shall also include a statement that a
1830	number has been obliterated, defaced, or changed, if such is the
1831	fact.
1832	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1833	(b)  The department may deny, suspend, or revoke any
1834	license issued hereunder or under the provisions of s. 320.77 or
1835	s. 320.771 upon proof that a licensee has committed, with
1836	sufficient frequency so as to establish a pattern of wrongdoing
1837	on the part of a licensee, violations of one or more of the
1838	following activities:
1839	1.  Representation that a demonstrator is a new motor
1840	vehicle, or the attempt to sell or the sale of a demonstrator as
1841	a new motor vehicle without written notice to the purchaser that
1842	the vehicle is a demonstrator. For the purposes of this section,
1843	a "demonstrator," a "new motor vehicle," and a "used motor
1844	vehicle" shall be defined as under s. 320.60.
1845	2.  Unjustifiable refusal to comply with a licensee's
1846	responsibility under the terms of the new motor vehicle warranty
1847	issued by its respective manufacturer, distributor, or importer.
1848	However, if such refusal is at the direction of the
1849	manufacturer, distributor, or importer, such refusal shall not
1850	be a ground under this section.
1851	3.  Misrepresentation or false, deceptive, or misleading
1852	statements with regard to the sale or financing of motor
1853	vehicles which any motor vehicle dealer has, or causes to have,
1854	advertised, printed, displayed, published, distributed,
1855	broadcast, televised, or made in any manner with regard to the
1856	sale or financing of motor vehicles.
1857	4.  Failure by any motor vehicle dealer to provide a
1858	customer or purchaser with an odometer disclosure statement and
1859	a copy of any bona fide written, executed sales contract or
1860	agreement of purchase connected with the purchase of the motor
1861	vehicle purchased by the customer or purchaser.
1862	5.  Failure of any motor vehicle dealer to comply with the
1863	terms of any bona fide written, executed agreement, pursuant to
1864	the sale of a motor vehicle.
1865	6.  Failure to apply for transfer of a title as prescribed
1866	in s. 319.23(6).
1867	7.  Use of the dealer license identification number by any
1868	person other than the licensed dealer or his or her designee.
1869	8.  Failure to continually meet the requirements of the
1870	licensure law.
1871	9.  Representation to a customer or any advertisement to
1872	the public representing or suggesting that a motor vehicle is a
1873	new motor vehicle if such vehicle lawfully cannot be titled in
1874	the name of the customer or other member of the public by the
1875	seller using a manufacturer's statement of origin as permitted
1876	in s. 319.23(1).
1877	10.  Requirement by any motor vehicle dealer that a
1878	customer or purchaser accept equipment on his or her motor
1879	vehicle which was not ordered by the customer or purchaser.
1880	11.  Requirement by any motor vehicle dealer that any
1881	customer or purchaser finance a motor vehicle with a specific
1882	financial institution or company.
1883	12.  Requirement by any motor vehicle dealer that the
1884	purchaser of a motor vehicle contract with the dealer for
1885	physical damage insurance.
1886	13.  Perpetration of a fraud upon any person as a result of
1887	dealing in motor vehicles, including, without limitation, the
1888	misrepresentation to any person by the licensee of the
1889	licensee's relationship to any manufacturer, importer, or
1890	distributor.
1891	14.  Violation of any of the provisions of s. 319.35 by any
1892	motor vehicle dealer.
1893	15.  Sale by a motor vehicle dealer of a vehicle offered in
1894	trade by a customer prior to consummation of the sale, exchange,
1895	or transfer of a newly acquired vehicle to the customer, unless
1896	the customer provides written authorization for the sale of the
1897	trade-in vehicle prior to delivery of the newly acquired
1898	vehicle.
1899	16.  Willful failure to comply with any administrative rule
1900	adopted by the department or the provisions of s. 320.131(8).
1901	17.  Violation of chapter 319, this chapter, or ss.
1902	559.901-559.9221, which has to do with dealing in or repairing
1903	motor vehicles or mobile homes. Additionally, in the case of
1904	used motor vehicles, the willful violation of the federal law
1905	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1906	the consumer sales window form.
1907	18.  Failure to maintain evidence of notification to the
1908	owner or coowner of a vehicle regarding registration or titling
1909	fees owed as required under s. 320.02(19).
1910	Section 57.  Subsections (8), (10), and (29) of section
1911	322.01, Florida Statutes, are amended to read:
1912	322.01  Definitions.--As used in this chapter:
1913	(8)  "Commercial motor vehicle" means any motor vehicle or
1914	motor vehicle combination used on the streets or highways,
1915	which:
1916	(a)  Has a gross vehicle weight rating of 26,001 pounds or
1917	more;
1918	(b)  Has a declared weight of 26,001 pounds or more;
1919	(c)  Has an actual weight of 26,001 pounds or more;
1920	(b)(d)  Is designed to transport more than 15 persons,
1921	including the driver; or
1922	(c)(e)  Is transporting hazardous materials and is required
1923	to be placarded in accordance with Title 49 C.F.R. part 172,
1924	subpart F.
1925	(10)(a)  "Conviction" means a conviction of an offense
1926	relating to the operation of motor vehicles on highways which is
1927	a violation of this chapter or any other such law of this state
1928	or any other state, including an admission or determination of a
1929	noncriminal traffic infraction pursuant to s. 318.14, or a
1930	judicial disposition of an offense committed under any federal
1931	law substantially conforming to the aforesaid state statutory
1932	provisions.
1933	(b)  Notwithstanding any other provisions of this chapter,
1934	the definition of "conviction" provided in 49 C.F.R. part 383.5
1935	applies to offenses committed in a commercial motor vehicle.
1936	(29)  "Out-of-service order" means a prohibition issued by
1937	an authorized local, state, or Federal Government official which
1938	that precludes a person from driving a commercial motor vehicle
1939	for a period of 72 hours or less.
1940	Section 58.  Subsections (4) and (10) of section 322.05,
1941	Florida Statutes, are amended to read:
1942	322.05  Persons not to be licensed.--The department may not
1943	issue a license:
1944	(4)  Except as provided by this subsection, to any person,
1945	as a Class A licensee, Class B licensee, or Class C licensee, or
1946	Class D licensee, who is under the age of 18 years. A person age
1947	16 or 17 years who applies for a Class D driver's license is
1948	subject to all the requirements and provisions of paragraphs
1949	(2)(a) and (b) and ss. 322.09 and 322.16(2) and (3). The
1950	department may require of any such applicant for a Class D
1951	driver's license such examination of the qualifications of the
1952	applicant as the department considers proper, and the department
1953	may limit the use of any license granted as it considers proper.
1954	(10)  To any person, when the department has good cause to
1955	believe that the operation of a motor vehicle on the highways by
1956	such person would be detrimental to public safety or welfare.
1957	Deafness alone shall not prevent the person afflicted from being
1958	issued a Class D or Class E driver's license.
1959	Section 59.  Paragraph (a) of subsection (1) and paragraphs
1960	(b) and (c) of subsection (2) of section 322.051, Florida
1961	Statutes, are amended, and subsection (8) is added to that
1962	section, to read:
1963	322.051  Identification cards.--
1964	(1)  Any person who is 12 years of age or older, or any
1965	person who has a disability, regardless of age, who applies for
1966	a disabled parking permit under s. 320.0848, may be issued an
1967	identification card by the department upon completion of an
1968	application and payment of an application fee.
1969	(a)  Each such application shall include the following
1970	information regarding the applicant:
1971	1.  Full name (first, middle or maiden, and last), gender,
1972	social security card number, county of residence and mailing
1973	address, country of birth, and a brief description.
1974	2.  Proof of birth date satisfactory to the department.
1975	3.  Proof of identity satisfactory to the department. Such
1976	proof must include one of the following documents issued to the
1977	applicant:
1978	a.  A driver's license record or identification card record
1979	from another jurisdiction that required the applicant to submit
1980	a document for identification which is substantially similar to
1981	a document required under sub-subparagraph b., sub-subparagraph
1982	c., sub-subparagraph d., sub-subparagraph e., or sub-
1983	subparagraph f., or sub-subparagraph g.;
1984	b.  A certified copy of a United States birth certificate;
1985	c.  A valid United States passport;
1986	d.  A naturalization certificate issued by the United
1987	States Department of Homeland Security;
1988	e.d.  An alien registration receipt card (green card);
1989	f.e.  An employment authorization card issued by the United
1990	States Department of Homeland Security; or
1991	g.f.  Proof of nonimmigrant classification provided by the
1992	United States Department of Homeland Security, for an original
1993	identification card. In order to prove such nonimmigrant
1994	classification, applicants may produce but are not limited to
1995	the following documents:
1996	(I)  A notice of hearing from an immigration court
1997	scheduling a hearing on any proceeding.
1998	(II)  A notice from the Board of Immigration Appeals
1999	acknowledging pendency of an appeal.
2000	(III)  Notice of the approval of an application for
2001	adjustment of status issued by the United States Bureau of
2002	Citizenship and Immigration Services.
2003	(IV)  Any official documentation confirming the filing of a
2004	petition for asylum status or any other relief issued by the
2005	United States Bureau of Citizenship and Immigration Services.
2006	(V)  Notice of action transferring any pending matter from
2007	another jurisdiction to Florida, issued by the United States
2008	Bureau of Citizenship and Immigration Services.
2009	(VI)  Order of an immigration judge or immigration officer
2010	granting any relief that authorizes the alien to live and work
2011	in the United States including, but not limited to asylum.
2012
2013	Presentation of any of the foregoing documents described in sub-
2014	subparagraph f. or sub-subparagraph g. entitles shall entitle
2015	the applicant to an identification card a driver's license or
2016	temporary permit for a period not to exceed the expiration date
2017	of the document presented or 2 years, whichever first occurs.
2018	(2)
2019	(b)  Notwithstanding any other provision of this chapter,
2020	if an applicant establishes his or her identity for an
2021	identification card using a document authorized under sub-
2022	subparagraph (1)(a)3.e. (1)(a)3.d., the identification card
2023	shall expire on the fourth birthday of the applicant following
2024	the date of original issue or upon first renewal or duplicate
2025	issued after implementation of this section. After an initial
2026	showing of such documentation, he or she is exempted from having
2027	to renew or obtain a duplicate in person.
2028	(c)  Notwithstanding any other provisions of this chapter,
2029	if an applicant establishes his or her identity for an
2030	identification card using an identification document authorized
2031	under sub-subparagraph (1)(a)3.f. or sub-subparagraph (1)(a)3.g.
2032	sub-subparagraphs (1)(a)3.e.-f., the identification card shall
2033	expire 2 years after the date of issuance or upon the expiration
2034	date cited on the United States Department of Homeland Security
2035	documents, whichever date first occurs, and may not be renewed
2036	or obtain a duplicate except in person.
2037	(8)  The department shall, upon receipt of the required
2038	fee, issue to each qualified applicant for an identification
2039	card a color photographic or digital image identification card
2040	bearing a fullface photograph or digital image of the
2041	identification cardholder. Notwithstanding chapter 761 or s.
2042	761.05, the requirement for a fullface photograph or digital
2043	image of the identification cardholder may not be waived. A
2044	space shall be provided upon which the identification cardholder
2045	shall affix his or her usual signature, as required in s.
2046	322.14, in the presence of an authorized agent of the department
2047	so as to ensure that such signature becomes a part of the
2048	identification card.
2049	Section 60.  Subsections (2) and (3) of section 322.07,
2050	Florida Statutes, are amended to read:
2051	322.07  Instruction permits and temporary licenses.--
2052	(2)  The department may, in its discretion, issue a
2053	temporary permit to an applicant for a Class D or Class E
2054	driver's license permitting him or her to operate a motor
2055	vehicle of the type for which a Class D or Class E driver's
2056	license is required while the department is completing its
2057	investigation and determination of all facts relative to such
2058	applicant's right to receive a driver's license. Such permit
2059	must be in his or her immediate possession while operating a
2060	motor vehicle, and it shall be invalid when the applicant's
2061	license has been issued or for good cause has been refused.
2062	(3)  Any person who, except for his or her lack of
2063	instruction in operating a Class D or commercial motor vehicle,
2064	would otherwise be qualified to obtain a Class D or commercial
2065	driver's license under this chapter, may apply for a temporary
2066	Class D or temporary commercial instruction permit. The
2067	department shall issue such a permit entitling the applicant,
2068	while having the permit in his or her immediate possession, to
2069	drive a Class D or commercial motor vehicle on the highways,
2070	provided that:
2071	(a)  The applicant possesses a valid driver's license
2072	issued in any state; and
2073	(b)  The applicant, while operating a Class D or commercial
2074	motor vehicle, is accompanied by a licensed driver who is 21
2075	years of age or older, who is licensed to operate the class of
2076	vehicle being operated, and who is actually occupying the
2077	closest seat to the right of the driver.
2078	Section 61.  Subsection (2) and paragraph (d) of subsection
2079	(6) of section 322.08, Florida Statutes, are amended to read:
2080	322.08  Application for license.--
2081	(2)  Each such application shall include the following
2082	information regarding the applicant:
2083	(a)  Full name (first, middle or maiden, and last), gender,
2084	social security card number, county of residence and mailing
2085	address, country of birth, and a brief description.
2086	(b)  Proof of birth date satisfactory to the department.
2087	(c)  Proof of identity satisfactory to the department. Such
2088	proof must include one of the following documents issued to the
2089	applicant:
2090	1.  A driver's license record or identification card record
2091	from another jurisdiction that required the applicant to submit
2092	a document for identification which is substantially similar to
2093	a document required under subparagraph 2., subparagraph 3.,
2094	subparagraph 4., subparagraph 5., or subparagraph 6., or
2095	subparagraph 7.;
2096	2.  A certified copy of a United States birth certificate;
2097	3.  A valid United States passport;
2098	4.  A naturalization certificate issued by the United
2099	States Department of Homeland Security;
2100	5.4.  An alien registration receipt card (green card);
2101	6.5.  An employment authorization card issued by the United
2102	States Department of Homeland Security; or
2103	7.6.  Proof of nonimmigrant classification provided by the
2104	United States Department of Homeland Security, for an original
2105	driver's license. In order to prove nonimmigrant classification,
2106	an applicant may produce the following documents, including, but
2107	not limited to:
2108	a.  A notice of hearing from an immigration court
2109	scheduling a hearing on any proceeding.
2110	b.  A notice from the Board of Immigration Appeals
2111	acknowledging pendency of an appeal.
2112	c.  A notice of the approval of an application for
2113	adjustment of status issued by the United States Immigration and
2114	Naturalization Service.
2115	d.  Any official documentation confirming the filing of a
2116	petition for asylum status or any other relief issued by the
2117	United States Immigration and Naturalization Service.
2118	e.  A notice of action transferring any pending matter from
2119	another jurisdiction to this state issued by the United States
2120	Immigration and Naturalization Service.
2121	f.  An order of an immigration judge or immigration officer
2122	granting any relief that authorizes the alien to live and work
2123	in the United States, including, but not limited to, asylum.
2124
2125	Presentation of any of the documents in subparagraph 6. or
2126	subparagraph 7. entitles the applicant to a driver's license or
2127	temporary permit for a period not to exceed the expiration date
2128	of the document presented or 2 years, whichever occurs first.
2129	(d)  Whether the applicant has previously been licensed to
2130	drive, and, if so, when and by what state, and whether any such
2131	license or driving privilege has ever been disqualified,
2132	revoked, or suspended, or whether an application has ever been
2133	refused, and, if so, the date of and reason for such
2134	disqualification, suspension, revocation, or refusal.
2135	(e)  Each such application may include fingerprints and
2136	other unique biometric means of identity.
2137	(6)  The application form for a driver's license or
2138	duplicate thereof shall include language permitting the
2139	following:
2140	(d)  A voluntary contribution of $2 per applicant, which
2141	shall be distributed to the Hearing Research Institute,
2142	Incorporated, for the purpose of infant hearing screening in
2143	Florida.
2144
2145	A statement providing an explanation of the purpose of the trust
2146	funds shall also be included. For the purpose of applying the
2147	service charge provided in s. 215.20, contributions received
2148	under paragraphs (c), (d), and (e) and under s. 322.18(9)(a) are
2149	not income of a revenue nature.
2150	Section 62.  Paragraph (a) of subsection (1) of section
2151	322.09, Florida Statutes, is amended to read:
2152	322.09  Application of minors; responsibility for
2153	negligence or misconduct of minor.--
2154	(1)(a)  The application of any person under the age of 18
2155	years for a driver's license must be signed and verified before
2156	a person authorized to administer oaths by the father, mother,
2157	or guardian; by a secondary guardian if the primary guardian
2158	dies before the minor reaches 18 years of age;, or, if there is
2159	no parent or guardian, by another responsible adult who is
2160	willing to assume the obligation imposed under this chapter upon
2161	a person signing the application of a minor. This section does
2162	not apply to a person under the age of 18 years who is
2163	emancipated by marriage.
2164	Section 63.  Section 322.11, Florida Statutes, is amended
2165	to read:
2166	322.11  Revocation of license upon death of person signing
2167	minor's application.--The department, upon receipt of
2168	satisfactory evidence of the death of the person who signed the
2169	application of a minor for a license, shall, 90 days after
2170	giving written notice to the minor, cancel such license and may
2171	shall not issue a new license until such time as the new
2172	application, duly signed and verified, is made as required by
2173	this chapter. This provision does shall not apply if in the
2174	event the minor has attained the age of 18 years.
2175	Section 64.  Subsection (3) of section 322.12, Florida
2176	Statutes, is amended to read:
2177	322.12  Examination of applicants.--
2178	(3)  For an applicant for a Class D or a Class E driver's
2179	license, such examination shall include a test of the
2180	applicant's eyesight given by the driver's license examiner
2181	designated by the department or by a licensed ophthalmologist,
2182	optometrist, or physician and a test of the applicant's hearing
2183	given by a driver's license examiner or a licensed physician.
2184	The examination shall also include a test of the applicant's
2185	ability to read and understand highway signs regulating,
2186	warning, and directing traffic; his or her knowledge of the
2187	traffic laws of this state, including laws regulating driving
2188	under the influence of alcohol or controlled substances, driving
2189	with an unlawful blood-alcohol level, and driving while
2190	intoxicated; and his or her knowledge of the effects of alcohol
2191	and controlled substances upon persons and the dangers of
2192	driving a motor vehicle while under the influence of alcohol or
2193	controlled substances and shall include an actual demonstration
2194	of ability to exercise ordinary and reasonable control in the
2195	operation of a motor vehicle.
2196	Section 65.  Paragraph (c) of subsection (1) and subsection
2197	(4) of section 322.135, Florida Statutes, are amended, and
2198	subsection (9) is added to that section, to read:
2199	322.135  Driver's license agents.--
2200	(1)  The department may, upon application, authorize any or
2201	all of the tax collectors in the several counties of the state,
2202	subject to the requirements of law, in accordance with rules of
2203	the department, to serve as its agent for the provision of
2204	specified driver's license services.
2205	(c)  A fee of $5.25 is to be charged, in addition to the
2206	fees set forth in this chapter, for any driver's license issued
2207	or renewed by a tax collector. One dollar of the $5.25 fee must
2208	be deposited into the Highway Safety Operating Trust Fund.
2209	(4)  A tax collector may not issue or renew a driver's
2210	license if he or she has any reason to believe that the licensee
2211	or prospective licensee is physically or mentally unqualified to
2212	operate a motor vehicle. The tax collector may shall direct any
2213	such licensee to the department for examination or reexamination
2214	under s. 322.221.
2215	(9)  Notwithstanding chapter 116, each county officer
2216	within this state who is authorized to collect funds provided
2217	for in this chapter shall pay all sums officially received by
2218	the officer into the State Treasury no later than 5 working days
2219	after the close of the business day in which the officer
2220	received the funds. Payment by county officers to the state
2221	shall be made by means of electronic funds transfers.
2222	Section 66.  Subsection (1) of section 322.142, Florida
2223	Statutes, is amended to read:
2224	322.142  Color photographic or digital imaged licenses.--
2225	(1)  The department shall, upon receipt of the required
2226	fee, issue to each qualified applicant for a an original
2227	driver's license a color photographic or digital imaged driver's
2228	license bearing a fullface photograph or digital image of the
2229	licensee. Notwithstanding chapter 761 or s. 761.05, the
2230	requirement for a fullface photograph or digital image of the
2231	licensee may not be waived. A space shall be provided upon which
2232	the licensee shall affix his or her usual signature, as required
2233	in s. 322.14, in the presence of an authorized agent of the
2234	department so as to ensure that such signature becomes a part of
2235	the license.
2236	Section 67.  Section 322.161, Florida Statutes, is amended
2237	to read:
2238	322.161  High-risk drivers; restricted licenses.--
2239	(1)(a)  Notwithstanding any provision of law to the
2240	contrary, the department shall restrict the driving privilege of
2241	any Class D or Class E licensee who is age 15 through 17 and who
2242	has accumulated six or more points pursuant to s. 318.14,
2243	excluding parking violations, within a 12-month period.
2244	(2)(a)  Any Class E licensee who is age 15 through 17 and
2245	who has accumulated six or more points pursuant to s. 318.14,
2246	excluding parking violations, within a 12-month period shall not
2247	be eligible to obtain a Class D license for a period of no less
2248	than 1 year. The period of ineligibility shall begin on the date
2249	of conviction for the violation that results in the licensee's
2250	accumulation of six or more points.
2251	(b)  The period of ineligibility shall automatically expire
2252	after 1 year if the licensee does not accumulate any additional
2253	points. If the licensee accumulates any additional points, then
2254	the period of ineligibility shall be extended 90 days for each
2255	point. The period of ineligibility shall also automatically
2256	expire upon the licensee's 18th birthday if no other grounds for
2257	ineligibility exist.
2258	(2)(3)  Any action taken by the department pursuant to this
2259	section shall not be subject to any formal or informal
2260	administrative hearing or similar administrative procedure.
2261	(3)(4)  The department shall adopt rules to carry out the
2262	purposes of this section.
2263	Section 68.  Subsection (3) of section 322.17, Florida
2264	Statutes, is amended to read:
2265	322.17  Duplicate and replacement certificates.--
2266	(3)  Notwithstanding any other provisions of this chapter,
2267	if a licensee establishes his or her identity for a driver's
2268	license using an identification document authorized under s.
2269	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
2270	obtain a duplicate or replacement instruction permit or driver's
2271	license except in person and upon submission of an
2272	identification document authorized under s. 322.08(2)(c)6. or 7
2273	s. 322.08(2)(c)5.-6.
2274	Section 69.  Subsections (2) and (4) of section 322.18,
2275	Florida Statutes, are amended to read:
2276	322.18  Original applications, licenses, and renewals;
2277	expiration of licenses; delinquent licenses.--
2278	(2)  Each applicant who is entitled to the issuance of a
2279	driver's license, as provided in this section, shall be issued a
2280	driver's license, as follows:
2281	(a)  An applicant applying for an original issuance shall
2282	be issued a driver's license which expires at midnight on the
2283	licensee's birthday which next occurs on or after the sixth
2284	anniversary of the date of issue.
2285	(b)  An applicant applying for a renewal issuance or
2286	renewal extension shall be issued a driver's license or renewal
2287	extension sticker which expires at midnight on the licensee's
2288	birthday which next occurs 4 years after the month of expiration
2289	of the license being renewed, except that a driver whose driving
2290	record reflects no convictions for the preceding 3 years shall
2291	be issued a driver's license or renewal extension sticker which
2292	expires at midnight on the licensee's birthday which next occurs
2293	6 years after the month of expiration of the license being
2294	renewed.
2295	(c)  Notwithstanding any other provision of this chapter,
2296	if an applicant establishes his or her identity for a driver's
2297	license using a document authorized under s. 322.08(2)(c)5. s.
2298	322.08(2)(c)4., the driver's license shall expire in accordance
2299	with paragraph (b). After an initial showing of such
2300	documentation, he or she is exempted from having to renew or
2301	obtain a duplicate in person.
2302	(d)  Notwithstanding any other provision of this chapter,
2303	if applicant establishes his or her identity for a driver's
2304	license using a document authorized in s. 322.08(2)(c)6. or 7.
2305	s. 322.08(2)(c)5. or 6., the driver's license shall expire 2 4
2306	years after the date of issuance or upon the expiration date
2307	cited on the United States Department of Homeland Security
2308	documents, whichever date first occurs.
2309	(e)  Notwithstanding any other provision of this chapter,
2310	an applicant applying for an original or renewal issuance of a
2311	commercial driver's license as defined in s. 322.01(7), with a
2312	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
2313	shall be issued a driver's license that expires at midnight on
2314	the licensee's birthday that next occurs 4 years after the month
2315	of expiration of the license being issued or renewed.
2316	(4)(a)  Except as otherwise provided in this chapter, all
2317	licenses shall be renewable every 4 years or 6 years, depending
2318	upon the terms of issuance and shall be issued or extended upon
2319	application, payment of the fees required by s. 322.21, and
2320	successful passage of any required examination, unless the
2321	department has reason to believe that the licensee is no longer
2322	qualified to receive a license.
2323	(b)  Notwithstanding any other provision of this chapter,
2324	if an applicant establishes his or her identity for a driver's
2325	license using a document authorized under s. 322.08(2)(c)5. s.
2326	322.08(2)(c)4., the license, upon an initial showing of such
2327	documentation, is exempted from having to renew or obtain a
2328	duplicate in person, unless the renewal or duplication coincides
2329	with the periodic reexamination of a driver as required pursuant
2330	to s. 322.121.
2331	(c)  Notwithstanding any other provision of this chapter,
2332	if a licensee establishes his or her identity for a driver's
2333	license using an identification document authorized under s.
2334	322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the licensee may
2335	not renew the driver's license except in person and upon
2336	submission of an identification document authorized under s.
2337	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's license
2338	renewed under this paragraph expires 4 years after the date of
2339	issuance or upon the expiration date cited on the United States
2340	Department of Homeland Security documents, whichever date first
2341	occurs.
2342	Section 70.  Subsection (4) of section 322.19, Florida
2343	Statutes, is amended to read:
2344	322.19  Change of address or name.--
2345	(4)  Notwithstanding any other provision of this chapter,
2346	if a licensee established his or her identity for a driver's
2347	license using an identification document authorized under s.
2348	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
2349	change his or her name or address except in person and upon
2350	submission of an identification document authorized under s.
2351	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.
2352	Section 71.  Subsection (1) of section 322.21, Florida
2353	Statutes, is amended to read:
2354	322.21  License fees; procedure for handling and collecting
2355	fees.--
2356	(1)  Except as otherwise provided herein, the fee for:
2357	(a)  An original or renewal commercial driver's license is
2358	$50, which shall include the fee for driver education provided
2359	by s. 1003.48; however, if an applicant has completed training
2360	and is applying for employment or is currently employed in a
2361	public or nonpublic school system that requires the commercial
2362	license, the fee shall be the same as for a Class E driver's
2363	license. A delinquent fee of $1 shall be added for a renewal
2364	made not more than 12 months after the license expiration date.
2365	(b)  An original Class D or Class E driver's license is
2366	$20, which shall include the fee for driver's education provided
2367	by s. 1003.48; however, if an applicant has completed training
2368	and is applying for employment or is currently employed in a
2369	public or nonpublic school system that requires a commercial
2370	driver license, the fee shall be the same as for a Class E
2371	license.
2372	(c)  The renewal or extension of a Class D or Class E
2373	driver's license or of a license restricted to motorcycle use
2374	only is $15, except that a delinquent fee of $1 shall be added
2375	for a renewal or extension made not more than 12 months after
2376	the license expiration date. The fee provided in this paragraph
2377	shall include the fee for driver's education provided by s.
2378	1003.48.
2379	(d)  An original driver's license restricted to motorcycle
2380	use only is $20, which shall include the fee for driver's
2381	education provided by s. 1003.48.
2382	(e)  Each endorsement required by s. 322.57 is $5.
2383	(f)  A hazardous-materials endorsement, as required by s.
2384	322.57(1)(e), shall be set by the department by rule and shall
2385	reflect the cost of the required criminal history check,
2386	including the cost of the state and federal fingerprint check,
2387	and the cost to the department of providing and issuing the
2388	license. The fee shall not exceed $100. This fee shall be
2389	deposited in the Highway Safety Operating Trust Fund. The
2390	department may adopt rules pursuant to ss. 120.536(1) and 120.54
2391	to administer the provisions of this paragraph.
2392	Section 72.  Present subsection (7) of section 322.212,
2393	Florida Statutes, is redesignated as subsection (8), and a new
2394	subsection (7) is added to that section to read:
2395	322.212  Unauthorized possession of, and other unlawful
2396	acts in relation to, driver's license or identification card.--
2397	(7)  In addition to any other penalties provided by this
2398	section, any person who provides false information when applying
2399	for a commercial driver's license shall be disqualified from
2400	operating a commercial motor vehicle for a period of 60 days.
2401	Section 73.  Subsection (1) of section 322.22, Florida
2402	Statutes, is amended to read:
2403	322.22  Authority of department to cancel license.--
2404	(1)  The department is authorized to cancel any driver's
2405	license, upon determining that the licensee was not entitled to
2406	the issuance thereof, or that the licensee failed to give the
2407	required or correct information in his or her application or
2408	committed any fraud in making such application, or that the
2409	licensee has two or more licenses on file with the department,
2410	each in a different name but bearing the photograph of the
2411	licensee, unless the licensee has complied with the requirements
2412	of this chapter in obtaining the licenses. The department may
2413	cancel any driver's license, identification card, vehicle or
2414	vessel registration, or fuel-use decal if the licensee fails to
2415	pay the correct fee or pays for the driver's license,
2416	identification card, vehicle or vessel registration, or fuel-use
2417	decal; pays any tax liability, penalty, or interest specified in
2418	chapter 207; or pays any administrative, delinquency, or
2419	reinstatement fee by a dishonored check.
2420	Section 74.  Subsections (4) and (5) of section 322.251,
2421	Florida Statutes, are amended to read:
2422	322.251  Notice of cancellation, suspension, revocation, or
2423	disqualification of license.--
2424	(4)  A person whose privilege to operate a commercial motor
2425	vehicle is temporarily disqualified may, upon surrendering his
2426	or her commercial driver's license, be issued a Class D or Class
2427	E driver's license, valid for the length of his or her unexpired
2428	commercial driver's license, at no cost. Such person may, upon
2429	the completion of his or her disqualification, be issued a
2430	commercial driver's license, of the type disqualified, for the
2431	remainder of his or her unexpired license period. Any such
2432	person shall pay the reinstatement fee provided in s. 322.21
2433	before being issued a commercial driver's license.
2434	(5)  A person whose privilege to operate a commercial motor
2435	vehicle is permanently disqualified may, upon surrendering his
2436	or her commercial driver's license, be issued a Class D or Class
2437	E driver's license, if he or she is otherwise qualified to
2438	receive such license. Any such person shall be issued a Class D
2439	or Class E license, valid for the remainder of his or her
2440	unexpired license period, at no cost.
2441	Section 75.  Paragraph (b) of subsection (1), paragraph (a)
2442	of subsection (7), paragraph (b) of subsection (10), and
2443	subsection (11) of section 322.2615, Florida Statutes, are
2444	amended to read:
2445	322.2615  Suspension of license; right to review.--
2446	(1)
2447	(b)  The suspension under paragraph (a) shall be pursuant
2448	to, and the notice of suspension shall inform the driver of, the
2449	following:
2450	1.a.  The driver refused to submit to a lawful breath,
2451	blood, or urine test and his or her driving privilege is
2452	suspended for a period of 1 year for a first refusal or for a
2453	period of 18 months if his or her driving privilege has been
2454	previously suspended as a result of a refusal to submit to such
2455	a test; or
2456	b.  The driver violated s. 316.193 by driving with an
2457	unlawful blood-alcohol level or breath-alcohol level as provided
2458	in that section and his or her driving privilege is suspended
2459	for a period of 6 months for a first offense or for a period of
2460	1 year if his or her driving privilege has been previously
2461	suspended for a violation of s. 316.193.
2462	2.  The suspension period shall commence on the date of
2463	arrest or issuance of the notice of suspension, whichever is
2464	later.
2465	3.  The driver may request a formal or informal review of
2466	the suspension by the department within 10 days after the date
2467	of arrest or issuance of the notice of suspension, whichever is
2468	later.
2469	4.  The temporary permit issued at the time of arrest will
2470	expire at midnight of the 10th day following the date of arrest
2471	or issuance of the notice of suspension, whichever is later.
2472	5.  The driver may submit to the department any materials
2473	relevant to the arrest.
2474	(7)  In a formal review hearing under subsection (6) or an
2475	informal review hearing under subsection (4), the hearing
2476	officer shall determine by a preponderance of the evidence
2477	whether sufficient cause exists to sustain, amend, or invalidate
2478	the suspension. The scope of the review shall be limited to the
2479	following issues:
2480	(a)  If the license was suspended for driving with an
2481	unlawful blood-alcohol level or breath-alcohol level in
2482	violation of s. 316.193:
2483	1.  Whether the arresting law enforcement officer had
2484	probable cause to believe that the person was driving or in
2485	actual physical control of a motor vehicle in this state while
2486	under the influence of alcoholic beverages or controlled
2487	substances.
2488	2.  Whether the person was placed under lawful arrest for a
2489	violation of s. 316.193.
2490	3.  Whether the person had an unlawful blood-alcohol level
2491	or breath-alcohol level as provided in s. 316.193.
2492	(10)  A person whose driver's license is suspended under
2493	subsection (1) or subsection (3) may apply for issuance of a
2494	license for business or employment purposes only if the person
2495	is otherwise eligible for the driving privilege pursuant to s.
2496	322.271.
2497	(b)  If the suspension of the driver's license of the
2498	person arrested for a violation of s. 316.193, relating to
2499	unlawful blood-alcohol level or breath-alcohol level, is
2500	sustained, the person is not eligible to receive a license for
2501	business or employment purposes only pursuant to s. 322.271
2502	until 30 days have elapsed after the expiration of the last
2503	temporary permit issued. If the driver is not issued a 10-day
2504	permit pursuant to this section or s. 322.64 because he or she
2505	is ineligible for the permit and the suspension for a violation
2506	of s. 316.193, relating to unlawful blood-alcohol level, is not
2507	invalidated by the department, the driver is not eligible to
2508	receive a business or employment license pursuant to s. 322.271
2509	until 30 days have elapsed from the date of the arrest.
2510	(11)  The formal review hearing may be conducted upon a
2511	review of the reports of a law enforcement officer or a
2512	correctional officer, including documents relating to the
2513	administration of a breath test or blood test or the refusal to
2514	take either test or the refusal to take a urine test. However,
2515	as provided in subsection (6), the driver may subpoena the
2516	officer or any person who administered or analyzed a breath or
2517	blood test.
2518	Section 76.  Paragraph (d) of subsection (3) of section
2519	322.27, Florida Statutes, is amended to read:
2520	322.27  Authority of department to suspend or revoke
2521	license.--
2522	(3)  There is established a point system for evaluation of
2523	convictions of violations of motor vehicle laws or ordinances,
2524	and violations of applicable provisions of s. 403.413(6)(b) when
2525	such violations involve the use of motor vehicles, for the
2526	determination of the continuing qualification of any person to
2527	operate a motor vehicle. The department is authorized to suspend
2528	the license of any person upon showing of its records or other
2529	good and sufficient evidence that the licensee has been
2530	convicted of violation of motor vehicle laws or ordinances, or
2531	applicable provisions of s. 403.413(6)(b), amounting to 12 or
2532	more points as determined by the point system. The suspension
2533	shall be for a period of not more than 1 year.
2534	(d)  The point system shall have as its basic element a
2535	graduated scale of points assigning relative values to
2536	convictions of the following violations:
2537	1.  Reckless driving, willful and wanton--4 points.
2538	2.  Leaving the scene of a crash resulting in property
2539	damage of more than $50--6 points.
2540	3.  Unlawful speed resulting in a crash--6 points.
2541	4.  Passing a stopped school bus--4 points.
2542	5.  Unlawful speed:
2543	a.  Not in excess of 15 miles per hour of lawful or posted
2544	speed--3 points.
2545	b.  In excess of 15 miles per hour of lawful or posted
2546	speed--4 points.
2547	6.  All other moving violations (including parking on a
2548	highway outside the limits of a municipality)--3 points.
2549	However, no points shall be imposed for a violation of s.
2550	316.0741 or s. 316.2065(12).
2551	7.  Any moving violation covered above, excluding unlawful
2552	speed, resulting in a crash--4 points.
2553	8.  Any conviction under s. 403.413(6)(5)(b)--3 points.
2554	Section 77.  Effective October 1, 2005, paragraph (d) of
2555	subsection (3) of section 322.27, Florida Statutes, as amended
2556	by this act, is amended to read:
2557	322.27  Authority of department to suspend or revoke
2558	license.--
2559	(3)  There is established a point system for evaluation of
2560	convictions of violations of motor vehicle laws or ordinances,
2561	and violations of applicable provisions of s. 403.413(6)(b) when
2562	such violations involve the use of motor vehicles, for the
2563	determination of the continuing qualification of any person to
2564	operate a motor vehicle. The department is authorized to suspend
2565	the license of any person upon showing of its records or other
2566	good and sufficient evidence that the licensee has been
2567	convicted of violation of motor vehicle laws or ordinances, or
2568	applicable provisions of s. 403.413(6)(b), amounting to 12 or
2569	more points as determined by the point system. The suspension
2570	shall be for a period of not more than 1 year.
2571	(d)  The point system shall have as its basic element a
2572	graduated scale of points assigning relative values to
2573	convictions of the following violations:
2574	1.  Reckless driving, willful and wanton--4 points.
2575	2.  Leaving the scene of a crash resulting in property
2576	damage of more than $50--6 points.
2577	3.  Unlawful speed resulting in a crash--6 points.
2578	4.  Violation of a traffic control device as provided in s.
2579	316.074(1) or a traffic control signal device as provided in s.
2580	316.075(1)(c)1., resulting in a crash that causes serious bodily
2581	injury of another as defined in s. 316.1933(1)--6 points.
2582	5.4.  Passing a stopped school bus--4 points.
2583	6.5.  Unlawful speed:
2584	a.  Not in excess of 15 miles per hour of lawful or posted
2585	speed--3 points.
2586	b.  In excess of 15 miles per hour of lawful or posted
2587	speed--4 points.
2588	7.6.  All other moving violations (including parking on a
2589	highway outside the limits of a municipality)--3 points.
2590	However, no points shall be imposed for a violation of s.
2591	316.0741 or s. 316.2065(12).
2592	8.7.  Any moving violation covered above, excluding
2593	unlawful speed, resulting in a crash--4 points.
2594	9.8.  Any conviction under s. 403.413(6)(b)--3 points.
2595	Section 78.  Section 322.30, Florida Statutes, is amended
2596	to read:
2597	322.30  No operation under foreign license during
2598	suspension, revocation, or disqualification in this state.--
2599	(1)  Any resident or nonresident whose driver's license or
2600	right or privilege to operate a motor vehicle in this state has
2601	been suspended, revoked, or disqualified as provided in this
2602	chapter, shall not operate a motor vehicle in this state under a
2603	license, permit, or registration certificate issued by any other
2604	jurisdiction or otherwise during such suspension, revocation, or
2605	disqualification until a new license is obtained.
2606	(2)  Notwithstanding subsection (1), any commercial motor
2607	vehicle operator whose privilege to operate such vehicle is
2608	disqualified may operate a motor vehicle in this state as a
2609	Class D or Class E licensee, if authorized by this chapter.
2610	Section 79.  Paragraph (b) of subsection (2) and
2611	subsections (4), (5), and (6) of section 322.53, Florida
2612	Statutes, are amended to read:
2613	322.53  License required; exemptions.--
2614	(2)  The following persons are exempt from the requirement
2615	to obtain a commercial driver's license:
2616	(b)  Military personnel driving military vehicles operated
2617	for military purposes.
2618	(4)  A resident who is exempt from obtaining a commercial
2619	driver's license pursuant to paragraph (2)(a) or paragraph
2620	(2)(c) and who drives a commercial motor vehicle must obtain a
2621	Class D driver's license endorsed to authorize the operation of
2622	the particular type of vehicle for which his or her exemption is
2623	granted.
2624	(4)(5)  A resident who is exempt from obtaining a
2625	commercial driver's license pursuant to paragraph (2)(b),
2626	paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may
2627	drive a commercial motor vehicle pursuant to the exemption
2628	granted in paragraph (2)(b), paragraph (2)(d), paragraph (2)(e),
2629	or paragraph (2)(f) if he or she possesses a valid Class D or
2630	Class E driver's license or a military license.
2631	(5)(6)  The department shall adopt rules and enter into
2632	necessary agreements with other jurisdictions to provide for the
2633	operation of commercial vehicles by nonresidents pursuant to the
2634	exemption granted in subsection (2).
2635	Section 80.  Subsection (2) of section 322.54, Florida
2636	Statutes, is amended to read:
2637	322.54  Classification.--
2638	(2)  The department shall issue, pursuant to the
2639	requirements of this chapter, drivers' licenses in accordance
2640	with the following classifications:
2641	(a)  Any person who drives a motor vehicle combination
2642	having a gross vehicle weight rating, a declared weight, or an
2643	actual weight, whichever is greatest, of 26,001 pounds or more
2644	must possess a valid Class A driver's license, provided the
2645	gross vehicle weight rating, declared weight, or actual weight,
2646	whichever is greatest, of the vehicle being towed is more than
2647	10,000 pounds. Any person who possesses a valid Class A driver's
2648	license may, subject to the appropriate restrictions and
2649	endorsements, drive any class of motor vehicle within this
2650	state.
2651	(b)  Any person, except a person who possesses a valid
2652	Class A driver's license, who drives a motor vehicle having a
2653	gross vehicle weight rating, a declared weight, or an actual
2654	weight, whichever is greatest, of 26,001 pounds or more must
2655	possess a valid Class B driver's license. Any person, except a
2656	person who possesses a valid Class A driver's license, who
2657	drives such vehicle towing a vehicle having a gross vehicle
2658	weight rating, a declared weight, or an actual weight, whichever
2659	is greatest, of 10,000 pounds or less must possess a valid Class
2660	B driver's license. Any person who possesses a valid Class B
2661	driver's license may, subject to the appropriate restrictions
2662	and endorsements, drive any class of motor vehicle, other than
2663	the type of motor vehicle for which a Class A driver's license
2664	is required, within this state.
2665	(c)  Any person, except a person who possesses a valid
2666	Class A or a valid Class B driver's license, who drives a motor
2667	vehicle combination having a gross vehicle weight rating, a
2668	declared weight, or an actual weight, whichever is greatest, of
2669	26,001 pounds or more must possess a valid Class C driver's
2670	license. Any person, except a person who possesses a valid Class
2671	A or a valid Class B driver's license, who drives a motor
2672	vehicle combination having a gross vehicle weight rating, a
2673	declared weight, or an actual weight, whichever is greatest, of
2674	less than 26,001 pounds and who is required to obtain an
2675	endorsement pursuant to paragraph (1)(a), paragraph (1)(b),
2676	paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) of s.
2677	322.57, must possess a valid Class C driver's license that is
2678	clearly restricted to the operation of a motor vehicle or motor
2679	vehicle combination of less than 26,001 pounds. Any person who
2680	possesses a valid Class C driver's license may, subject to the
2681	appropriate restrictions and endorsements, drive any class of
2682	motor vehicle, other than the type of motor vehicle for which a
2683	Class A or a Class B driver's license is required, within this
2684	state.
2685	(d)  Any person, except a person who possesses a valid
2686	Class A, valid Class B, or valid Class C driver's license, who
2687	drives a truck or a truck tractor having a gross vehicle weight
2688	rating, a declared weight, or an actual weight, whichever is
2689	greatest, of 8,000 pounds or more but less than 26,001 pounds,
2690	or which has a width of more than 80 inches must possess a valid
2691	Class D driver's license. Any person who possesses a valid Class
2692	D driver's license may, subject to the appropriate restrictions
2693	and endorsements, drive any type of motor vehicle, other than
2694	the type of motor vehicle for which a Class A, Class B, or Class
2695	C driver's license is required, within this state.
2696	(d)(e)  Any person, except a person who possesses a valid
2697	Class A, valid Class B, or valid Class C, or valid Class D
2698	driver's license, who drives a motor vehicle must possess a
2699	valid Class E driver's license. Any person who possesses a valid
2700	Class E driver's license may, subject to the appropriate
2701	restrictions and endorsements, drive any type of motor vehicle,
2702	other than the type of motor vehicle for which a Class A, Class
2703	B, or Class C, or Class D driver's license is required, within
2704	this state.
2705	Section 81.  Subsections (1) and (2) of section 322.57,
2706	Florida Statutes, are amended to read:
2707	322.57  Tests of knowledge concerning specified vehicles;
2708	endorsement; nonresidents; violations.--
2709	(1)  In addition to fulfilling any other driver's licensing
2710	requirements of this chapter, a person who:
2711	(a)  Drives a double or triple trailer must successfully
2712	complete a test of his or her knowledge concerning the safe
2713	operation of such vehicles.
2714	(b)  Drives a passenger vehicle must successfully complete
2715	a test of his or her knowledge concerning the safe operation of
2716	such vehicles and a test of his or her driving skill in such a
2717	vehicle.
2718	(c)  Drives a school bus must successfully complete a test
2719	of his or her knowledge concerning the safe operation of such
2720	vehicles and a test of his or her driving skill in such a
2721	vehicle. This subsection shall be implemented in accordance with
2722	49 C.F.R. part 383.123.
2723	(d)(c)  Drives a tank vehicle must successfully complete a
2724	test of his or her knowledge concerning the safe operation of
2725	such vehicles.
2726	(e)(d)  Drives a vehicle that transports hazardous
2727	materials and that is required to be placarded in accordance
2728	with Title 49 C.F.R. part 172, subpart F, must successfully
2729	complete a test of his or her knowledge concerning the safe
2730	operation of such vehicles. Knowledge tests for hazardous-
2731	materials endorsements may not be administered orally for
2732	individuals applying for an initial hazardous-materials
2733	endorsement after June 30, 1994.
2734	(f)(e)  Operates a tank vehicle transporting hazardous
2735	materials must successfully complete the tests required in
2736	paragraphs (d) (c) and (e) (d) so that the department may issue
2737	a single endorsement permitting him or her to operate such tank
2738	vehicle.
2739	(g)(f)  Drives a motorcycle must successfully complete a
2740	test of his or her knowledge concerning the safe operation of
2741	such vehicles and a test of his or her driving skills on such
2742	vehicle. A person who successfully completes such tests shall be
2743	issued an endorsement if he or she is licensed to drive another
2744	type of motor vehicle. A person who successfully completes such
2745	tests and who is not licensed to drive another type of motor
2746	vehicle shall be issued a Class E driver's license that is
2747	clearly restricted to motorcycle use only.
2748	(2)  Before driving or operating any vehicle listed in
2749	subsection (1), a person must obtain an endorsement on his or
2750	her driver's license. An endorsement under paragraph (a),
2751	paragraph (b), paragraph (c), paragraph (d), or paragraph (e),
2752	or paragraph (f) of subsection (1) shall be issued only to
2753	persons who possess a valid Class A, valid Class B, or valid
2754	Class C driver's license. A person who drives a motor vehicle or
2755	motor vehicle combination that requires an endorsement under
2756	this subsection and who drives a motor vehicle or motor vehicle
2757	combination having a gross vehicle weight rating, a declared
2758	weight, or an actual weight, whichever is greatest, of less than
2759	26,000 pounds shall be issued a Class C driver's license that is
2760	clearly restricted to the operation of a motor vehicle or motor
2761	vehicle combination of less than 26,000 pounds.
2762	Section 82.  Paragraph (a) of subsection (1) of section
2763	322.58, Florida Statutes, is amended to read:
2764	322.58  Holders of chauffeur's licenses; effect of
2765	classified licensure.--
2766	(1)  In order to provide for the classified licensure of
2767	commercial motor vehicle drivers, the department shall require
2768	persons who have valid chauffeur's licenses to report on or
2769	after April 1, 1991, to the department for classified licensure,
2770	according to a schedule developed by the department.
2771	(a)  Any person who holds a valid chauffeur's license may
2772	continue to operate vehicles for which a Class E D driver's
2773	license is required until his or her chauffeur's license
2774	expires.
2775	Section 83.  Subsections (1), (2), (3), (7), (8), and (10)
2776	of section 322.61, Florida Statutes, are amended, and
2777	subsections (4) and (5) of that section are reenacted, to read:
2778	322.61  Disqualification from operating a commercial motor
2779	vehicle.--
2780	(1)  A person who, for offenses occurring within a 3-year
2781	period, is convicted of two of the following serious traffic
2782	violations or any combination thereof, arising in separate
2783	incidents committed in a commercial motor vehicle shall, in
2784	addition to any other applicable penalties, be disqualified from
2785	operating a commercial motor vehicle for a period of 60 days. A
2786	person who, for offenses occurring within a 3-year period, is
2787	convicted of two of the following serious traffic violations or
2788	any combination thereof arising in separate incidents committed
2789	in a noncommercial motor vehicle shall, in addition to any other
2790	applicable penalties, be disqualified from operating a
2791	commercial motor vehicle for a period of 60 days if such
2792	convictions result in the suspension, revocation, or
2793	cancellation of the licenseholder's driving privilege:
2794	(a)  A violation of any state or local law relating to
2795	motor vehicle traffic control, other than a parking violation, a
2796	weight violation, or a vehicle equipment violation, arising in
2797	connection with a crash resulting in death or personal injury to
2798	any person;
2799	(b)  Reckless driving, as defined in s. 316.192;
2800	(c)  Careless driving, as defined in s. 316.1925;
2801	(d)  Fleeing or attempting to elude a law enforcement
2802	officer, as defined in s. 316.1935;
2803	(e)  Unlawful speed of 15 miles per hour or more above the
2804	posted speed limit;
2805	(f)  Driving a commercial motor vehicle, owned by such
2806	person, which is not properly insured;
2807	(g)  Improper lane change, as defined in s. 316.085; or
2808	(h)  Following too closely, as defined in s. 316.0895;
2809	(i)  Driving a commercial motor vehicle without obtaining a
2810	commercial driver's license;
2811	(j)  Driving a commercial motor vehicle without the proper
2812	class of commercial driver's license or without the proper
2813	endorsement; or
2814	(k)  Driving a commercial motor vehicle without a
2815	commercial driver's license in possession. Any person who
2816	provides proof to the clerk of court or designated official in
2817	the jurisdiction where the citation was issued, before the date
2818	the person must appear in court or pay any fine for such a
2819	violation, that the person held a valid commercial driver's
2820	license on the date the citation was issued shall not be guilty
2821	of this offense.
2822	(2)  Any person who, for offenses occurring within a 3-year
2823	period, is convicted of three serious traffic violations
2824	specified in subsection (1) or any combination thereof, arising
2825	in separate incidents committed in a commercial motor vehicle
2826	shall, in addition to any other applicable penalties, including,
2827	but not limited to, the penalty provided in subsection (1), be
2828	disqualified from operating a commercial motor vehicle for a
2829	period of 120 days. A person who, for offenses occurring within
2830	a 3-year period, is convicted of three serious traffic
2831	violations specified in subsection (1) or any combination
2832	thereof, arising in separate incidents committed in a
2833	noncommercial motor vehicle shall, in addition to any other
2834	applicable penalties, including, but not limited to, the penalty
2835	provided in subsection (1), be disqualified from operating a
2836	commercial motor vehicle for a period of 120 days if such
2837	convictions result in the suspension, revocation, or
2838	cancellation of the licenseholder's driving privilege.
2839	(3)  Except as provided in subsection (4), any person who
2840	is convicted of one of the following offenses shall, in addition
2841	to any other applicable penalties, be disqualified from
2842	operating a commercial motor vehicle for a period of 1 year:
2843	(a)  Driving a commercial motor vehicle while he or she is
2844	under the influence of alcohol or a controlled substance;
2845	(b)  Driving a commercial motor vehicle while the alcohol
2846	concentration of his or her blood, breath, or urine is .04
2847	percent or higher;
2848	(c)  Leaving the scene of a crash involving a commercial
2849	motor vehicle driven by such person;
2850	(d)  Using a commercial motor vehicle in the commission of
2851	a felony;
2852	(e)  Driving a commercial motor vehicle while in possession
2853	of a controlled substance; or
2854	(f)  Refusing to submit to a test to determine his or her
2855	alcohol concentration while driving a commercial motor vehicle;
2856	(g)  Driving a commercial vehicle while the licenseholder's
2857	commercial driver's license is suspended, revoked, or canceled
2858	or while the licenseholder is disqualified from driving a
2859	commercial vehicle; or
2860	(h)  Causing a fatality through the negligent operation of
2861	a commercial motor vehicle.
2862	(4)  Any person who is transporting hazardous materials in
2863	a vehicle that is required to be placarded in accordance with
2864	Title 49 C.F.R. part 172, subpart F shall, upon conviction of an
2865	offense specified in subsection (3), be disqualified from
2866	operating a commercial motor vehicle for a period of 3 years.
2867	The penalty provided in this subsection shall be in addition to
2868	any other applicable penalty.
2869	(5)  Any person who is convicted of two violations
2870	specified in subsection (3), or any combination thereof, arising
2871	in separate incidents shall be permanently disqualified from
2872	operating a commercial motor vehicle. The penalty provided in
2873	this subsection shall be in addition to any other applicable
2874	penalty.
2875	(7)  A person whose privilege to operate a commercial motor
2876	vehicle is disqualified under this section may, if otherwise
2877	qualified, be issued a Class D or Class E driver's license,
2878	pursuant to s. 322.251.
2879	(8)  A driver who is convicted of or otherwise found to
2880	have committed a violation of an out-of-service order while
2881	driving a commercial motor vehicle is disqualified as follows:
2882	(a)  Not less than 90 days nor more than 1 year if the
2883	driver is convicted of or otherwise found to have committed a
2884	first violation of an out-of-service order.
2885	(b)  Not less than 1 year nor more than 5 years if, for
2886	offenses occurring during any 10-year period, the driver is
2887	convicted of or otherwise found to have committed two violations
2888	of out-of-service orders in separate incidents.
2889	(c)  Not less than 3 years nor more than 5 years if, for
2890	offenses occurring during any 10-year period, the driver is
2891	convicted of or otherwise found to have committed three or more
2892	violations of out-of-service orders in separate incidents.
2893	(d)  Not less than 180 days nor more than 2 years if the
2894	driver is convicted of or otherwise found to have committed a
2895	first violation of an out-of-service order while transporting
2896	hazardous materials required to be placarded under the Hazardous
2897	Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
2898	while operating motor vehicles designed to transport more than
2899	15 passengers, including the driver. A driver is disqualified
2900	for a period of not less than 3 years nor more than 5 years if,
2901	for offenses occurring during any 10-year period, the driver is
2902	convicted of or otherwise found to have committed any subsequent
2903	violations of out-of-service orders, in separate incidents,
2904	while transporting hazardous materials required to be placarded
2905	under the Hazardous Materials Transportation Act 49 U.S.C. ss.
2906	5101 et seq., or while operating motor vehicles designed to
2907	transport more than 15 passengers, including the driver.
2908	(10)(a)  A driver must be disqualified for not less than 60
2909	days if the driver is convicted of or otherwise found to have
2910	committed a first violation of a railroad-highway grade crossing
2911	violation.
2912	(b)  A driver must be disqualified for not less than 120
2913	days if, for offenses occurring during any 3-year period, the
2914	driver is convicted of or otherwise found to have committed a
2915	second railroad-highway grade crossing violation in separate
2916	incidents.
2917	(c)  A driver must be disqualified for not less than 1 year
2918	if, for offenses occurring during any 3-year period, the driver
2919	is convicted of or otherwise found to have committed a third or
2920	subsequent railroad-highway grade crossing violation in separate
2921	incidents.
2922	Section 84.  Subsection (1) and paragraph (a) of subsection
2923	(3) of section 322.63, Florida Statutes, are amended to read:
2924	322.63  Alcohol or drug testing; commercial motor vehicle
2925	operators.--
2926	(1)  A person who accepts the privilege extended by the
2927	laws of this state of operating a commercial motor vehicle
2928	within this state shall, by so operating such commercial motor
2929	vehicle, be deemed to have given his or her consent to submit to
2930	an approved chemical or physical test of his or her blood or,
2931	breath, or urine for the purpose of determining his or her
2932	alcohol concentration, and to a urine test or for the purpose of
2933	detecting the presence of chemical substances as set forth in s.
2934	877.111 or of controlled substances.
2935	(a)  By applying for a commercial driver's license and by
2936	accepting and using a commercial driver's license, the person
2937	holding the commercial driver's license is deemed to have
2938	expressed his or her consent to the provisions of this section.
2939	(b)  Any person who drives a commercial motor vehicle
2940	within this state and who is not required to obtain a commercial
2941	driver's license in this state is, by his or her act of driving
2942	a commercial motor vehicle within this state, deemed to have
2943	expressed his or her consent to the provisions of this section.
2944	(c)  A notification of the consent provision of this
2945	section shall be printed above the signature line on each new or
2946	renewed commercial driver's license issued after March 31, 1991.
2947	(3)(a)  The breath and blood physical and chemical tests
2948	authorized in this section shall be administered substantially
2949	in accordance with rules adopted by the Department of Law
2950	Enforcement.
2951	Section 85.  Subsection (1) of section 322.64, Florida
2952	Statutes, is amended, and, for the purpose of incorporating the
2953	amendment to section 322.61, Florida Statutes, in a reference
2954	thereto, subsection (14) of that section is reenacted, to read:
2955	322.64  Holder of commercial driver's license; driving with
2956	unlawful blood-alcohol level; refusal to submit to breath,
2957	urine, or blood test.--
2958	(1)(a)  A law enforcement officer or correctional officer
2959	shall, on behalf of the department, disqualify from operating
2960	any commercial motor vehicle a person who while operating or in
2961	actual physical control of a commercial motor vehicle is
2962	arrested for a violation of s. 316.193, relating to unlawful
2963	blood-alcohol level or breath-alcohol level, or a person who has
2964	refused to submit to a breath, urine, or blood test authorized
2965	by s. 322.63 arising out of the operation or actual physical
2966	control of a commercial motor vehicle. Upon disqualification of
2967	the person, the officer shall take the person's driver's license
2968	and issue the person a 10-day temporary permit for the operation
2969	of noncommercial vehicles only if the person is otherwise
2970	eligible for the driving privilege and shall issue the person a
2971	notice of disqualification. If the person has been given a
2972	blood, breath, or urine test, the results of which are not
2973	available to the officer at the time of the arrest, the agency
2974	employing the officer shall transmit such results to the
2975	department within 5 days after receipt of the results. If the
2976	department then determines that the person was arrested for a
2977	violation of s. 316.193 and that the person had a blood-alcohol
2978	level or breath-alcohol level of 0.08 or higher, the department
2979	shall disqualify the person from operating a commercial motor
2980	vehicle pursuant to subsection (3).
2981	(b)  The disqualification under paragraph (a) shall be
2982	pursuant to, and the notice of disqualification shall inform the
2983	driver of, the following:
2984	1.a.  The driver refused to submit to a lawful breath,
2985	blood, or urine test and he or she is disqualified from
2986	operating a commercial motor vehicle for a period of 1 year, for
2987	a first refusal, or permanently, if he or she has previously
2988	been disqualified as a result of a refusal to submit to such a
2989	test; or
2990	b.  The driver violated s. 316.193 by driving with an
2991	unlawful blood-alcohol level and he or she is disqualified from
2992	operating a commercial motor vehicle for a period of 6 months
2993	for a first offense or for a period of 1 year if he or she has
2994	previously been disqualified, or his or her driving privilege
2995	has been previously suspended, for a violation of s. 316.193.
2996	2.  The disqualification period for operating commercial
2997	vehicles shall commence on the date of arrest or issuance of
2998	notice of disqualification, whichever is later.
2999	3.  The driver may request a formal or informal review of
3000	the disqualification by the department within 10 days after the
3001	date of arrest or issuance of notice of disqualification,
3002	whichever is later.
3003	4.  The temporary permit issued at the time of arrest or
3004	disqualification will expire at midnight of the 10th day
3005	following the date of disqualification.
3006	5.  The driver may submit to the department any materials
3007	relevant to the arrest.
3008	(14)  The decision of the department under this section
3009	shall not be considered in any trial for a violation of s.
3010	316.193, s. 322.61, or s. 322.62, nor shall any written
3011	statement submitted by a person in his or her request for
3012	departmental review under this section be admissible into
3013	evidence against him or her in any such trial. The disposition
3014	of any related criminal proceedings shall not affect a
3015	disqualification imposed pursuant to this section.
3016	Section 86.  Subsection (1) of section 338.155, Florida
3017	Statutes, is amended to read:
3018	338.155  Payment of toll on toll facilities required;
3019	exemptions.--
3020	(1)  No persons are permitted to use any toll facility
3021	without payment of tolls, except employees of the agency
3022	operating the toll project when using the toll facility on
3023	official state business, state military personnel while on
3024	official military business, handicapped persons as provided in
3025	this section, persons exempt from toll payment by the
3026	authorizing resolution for bonds issued to finance the facility,
3027	and persons exempt on a temporary basis where use of such toll
3028	facility is required as a detour route. Any law enforcement
3029	officer operating a marked official vehicle is exempt from toll
3030	payment when on official law enforcement business. Any person
3031	operating a fire vehicle when on official business or a rescue
3032	vehicle when on official business is exempt from toll payment.
3033	Any person participating in the funeral procession of a law
3034	enforcement officer or firefighter killed in the line of duty is
3035	exempt from toll payment. The secretary, or the secretary's
3036	designee, may suspend the payment of tolls on a toll facility
3037	when necessary to assist in emergency evacuation. The failure to
3038	pay a prescribed toll constitutes a noncriminal traffic
3039	infraction, punishable as a moving violation pursuant to s.
3040	318.18. The department is authorized to adopt rules relating to
3041	guaranteed toll accounts.
3042	Section 87.  Paragraphs (c) and (f) of subsection (13) of
3043	section 713.78, Florida Statutes, are amended to read:
3044	713.78  Liens for recovering, towing, or storing vehicles
3045	and vessels.--
3046	(13)
3047	(c)1.  The registered owner of a vehicle, vessel, or mobile
3048	home may dispute a wrecker operator's lien, by notifying the
3049	department of the dispute in writing on forms provided by the
3050	department, if at least one of the following applies:
3051	a.  The registered owner presents a notarized bill of sale
3052	proving that the vehicle, vessel, or mobile home was sold in a
3053	private or casual sale before the vehicle, vessel, or mobile
3054	home was recovered, towed, or stored.
3055	b.  The registered owner presents proof that the Florida
3056	certificate of title of the vehicle, vessel, or mobile home was
3057	sold to a licensed dealer as defined in s. 319.001 before the
3058	vehicle, vessel, or mobile home was recovered, towed, or stored.
3059	c.  The records of the department were marked "sold" prior
3060	to the date of the tow.
3061
3062	If the registered owner's dispute of a wrecker operator's lien
3063	complies with one of these criteria, the department shall
3064	immediately remove the registered owner's name from the list of
3065	those persons who may not be issued a license plate or
3066	revalidation sticker for any motor vehicle under s. 320.03(8),
3067	thereby allowing issuance of a license plate or revalidation
3068	sticker. If the vehicle, vessel, or mobile home is owned jointly
3069	by more than one person, each registered owner must dispute the
3070	wrecker operator's lien in order to be removed from the list.
3071	However, the department shall deny any dispute and maintain the
3072	registered owner's name on the list of those persons who may not
3073	be issued a license plate or revalidation sticker for any motor
3074	vehicle under s. 320.03(8) if the wrecker operator has provided
3075	the department with a certified copy of the judgment of a court
3076	which orders the registered owner to pay the wrecker operator's
3077	lien claimed under this section. In such a case, the amount of
3078	the wrecker operator's lien allowed by paragraph (b) may be
3079	increased to include no more than $500 of the reasonable costs
3080	and attorney's fees incurred in obtaining the judgment. The
3081	department's action under this subparagraph is ministerial in
3082	nature, shall not be considered final agency action, and is
3083	appealable only to the county court for the county in which the
3084	vehicle, vessel, or mobile home was ordered removed.
3085	2.  A person against whom a wrecker operator's lien has
3086	been imposed may alternatively obtain a discharge of the lien by
3087	filing a complaint, challenging the validity of the lien or the
3088	amount thereof, in the county court of the county in which the
3089	vehicle, vessel, or mobile home was ordered removed. Upon filing
3090	of the complaint, the person may have her or his name removed
3091	from the list of those persons who may not be issued a license
3092	plate or revalidation sticker for any motor vehicle under s.
3093	320.03(8), thereby allowing issuance of a license plate or
3094	revalidation sticker, upon posting with the court a cash or
3095	surety bond or other adequate security equal to the amount of
3096	the wrecker operator's lien to ensure the payment of such lien
3097	in the event she or he does not prevail. Upon the posting of the
3098	bond and the payment of the applicable fee set forth in s.
3099	28.24, the clerk of the court shall issue a certificate
3100	notifying the department of the posting of the bond and
3101	directing the department to release the wrecker operator's lien.
3102	Upon determining the respective rights of the parties, the court
3103	may award damages and costs in favor of the prevailing party.
3104	3.  If a person against whom a wrecker operator's lien has
3105	been imposed does not object to the lien, but cannot discharge
3106	the lien by payment because the wrecker operator has moved or
3107	gone out of business, the person may have her or his name
3108	removed from the list of those persons who may not be issued a
3109	license plate or revalidation sticker for any motor vehicle
3110	under s. 320.03(8), thereby allowing issuance of a license plate
3111	or revalidation sticker, upon posting with the clerk of court in
3112	the county in which the vehicle, vessel, or mobile home was
3113	ordered removed, a cash or surety bond or other adequate
3114	security equal to the amount of the wrecker operator's lien.
3115	Upon the posting of the bond and the payment of the application
3116	fee set forth in s. 28.24, the clerk of the court shall issue a
3117	certificate notifying the department of the posting of the bond
3118	and directing the department to release the wrecker operator's
3119	lien. The department shall mail to the wrecker operator, at the
3120	address upon the lien form, notice that the wrecker operator
3121	must claim the security within 60 days, or the security will be
3122	released back to the person who posted it. At the conclusion of
3123	the 60 days, the department shall direct the clerk as to which
3124	party is entitled to payment of the security, less applicable
3125	clerk's fees.
3126	4.  A wrecker operator's lien expires 5 years after filing.
3127	(f)  This subsection applies only to the annual renewal in
3128	the registered owner's birth month of a motor vehicle
3129	registration and does not apply to the transfer of a
3130	registration of a motor vehicle sold by a motor vehicle dealer
3131	licensed under chapter 320, except for the transfer of
3132	registrations which is inclusive of the annual renewals. This
3133	subsection does not apply to any vehicle registered in the name
3134	of the lessor. This subsection does not affect the issuance of
3135	the title to a motor vehicle, notwithstanding s. 319.23(7)(b).
3136	Section 88.  Paragraph (b) of subsection (9) of section
3137	768.28, Florida Statutes, is amended to read:
3138	768.28  Waiver of sovereign immunity in tort actions;
3139	recovery limits; limitation on attorney fees; statute of
3140	limitations; exclusions; indemnification; risk management
3141	programs.--
3142	(9)
3143	(b)  As used in this subsection, the term:
3144	1.  "Employee" includes any volunteer firefighter, any
3145	volunteer highway patrol troop surgeon appointed by the director
3146	of the Florida Highway Patrol, and any volunteer licensed health
3147	professional appointed by the director of the Florida Highway
3148	Patrol to work under the medical direction of a highway patrol
3149	troop surgeon.
3150	2.  "Officer, employee, or agent" includes, but is not
3151	limited to, any health care provider when providing services
3152	pursuant to s. 766.1115, any member of the Florida Health
3153	Services Corps, as defined in s. 381.0302, who provides
3154	uncompensated care to medically indigent persons referred by the
3155	Department of Health, and any public defender or her or his
3156	employee or agent, including, among others, an assistant public
3157	defender and an investigator.
3158	Section 89.  Section 843.16, Florida Statutes, is amended
3159	to read:
3160	843.16  Unlawful to install or transport radio equipment
3161	using assigned frequency of state or law enforcement officers;
3162	definitions; exceptions; penalties.--
3163	(1)  A No person, firm, or corporation may not shall
3164	install or transport in any motor vehicle or business
3165	establishment, except an emergency vehicle or crime watch
3166	vehicle as herein defined or a place established by municipal,
3167	county, state, or federal authority for governmental purposes,
3168	any frequency modulation radio receiving equipment so adjusted
3169	or tuned as to receive messages or signals on frequencies
3170	assigned by the Federal Communications Commission to police or
3171	law enforcement officers or fire rescue personnel of any city or
3172	county of the state or to the state or any of its agencies.
3173	Provided, nothing herein shall be construed to affect any radio
3174	station licensed by the Federal Communications System or to
3175	affect any recognized newspaper or news publication engaged in
3176	covering the news on a full-time basis or any alarm system
3177	contractor certified pursuant to part II of chapter 489,
3178	operating a central monitoring system.
3179	(2)  As used in this section, the term:
3180	(a)  "Emergency vehicle" shall specifically mean:
3181	1.  Any motor vehicle used by any law enforcement officer
3182	or employee of any city, any county, the state, the Federal
3183	Bureau of Investigation, or the Armed Forces of the United
3184	States while on official business;
3185	2.  Any fire department vehicle of any city or county of
3186	the state or any state fire department vehicle;
3187	3.  Any motor vehicle designated as an emergency vehicle by
3188	the Department of Highway Safety and Motor Vehicles when said
3189	vehicle is to be assigned the use of frequencies assigned to the
3190	state;
3191	4.  Any motor vehicle designated as an emergency vehicle by
3192	the sheriff or fire chief of any county in the state when said
3193	vehicle is to be assigned the use of frequencies assigned to the
3194	said county;
3195	5.  Any motor vehicle designated as an emergency vehicle by
3196	the chief of police or fire chief of any city in the state when
3197	said vehicle is to be assigned the use of frequencies assigned
3198	to the said city.
3199	(b)  "Crime watch vehicle" means any motor vehicle used by
3200	any person participating in a citizen crime watch or
3201	neighborhood watch program when such program and use are
3202	approved in writing by the appropriate sheriff or chief of
3203	police where the vehicle will be used and the vehicle is
3204	assigned the use of frequencies assigned to the county or city.
3205	Such approval shall be renewed annually.
3206	(3)  This section shall not apply to any holder of a valid
3207	amateur radio operator or station license issued by the Federal
3208	Communications Commission or to any recognized newspaper or news
3209	publication engaged in covering the news on a full-time basis or
3210	any alarm system contractor certified pursuant to part II of
3211	chapter 489, operating a central monitoring system.
3212	(4)  Any person, firm, or corporation violating any of the
3213	provisions of this section commits shall be deemed guilty of a
3214	misdemeanor of the first second degree, punishable as provided
3215	in s. 775.082 or s. 775.083.
3216	Section 90.  Except as otherwise provided herein, this act
3217	shall take effect July 1, 2005.

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