HB 1697

1	A bill to be entitled
2	An act relating to highway safety; amending s. 61.13016,
3	F.S.; directing the department to issue a driver's license
4	restricted for business purposes only under certain
5	circumstances relating to failure to pay child support;
6	amending s. 316.006, F.S.; providing for interlocal
7	agreements between municipalities and counties
8	transferring traffic regulatory authority; amending s.
9	316.083, F.S.; requiring an appropriate signal when
10	overtaking and passing a vehicle; amending s. 316.155,
11	F.S.; specifying that signals are required when moving
12	right or left or overtaking or passing a vehicle; amending
13	s. 316.2095, F.S.; revising physical requirements for
14	operating motorcycles under certain circumstances;
15	amending s. 316.212, F.S.; granting local jurisdictions
16	the authority to enact ordinances governing the use of
17	golf carts which are more restrictive than state law;
18	amending s. 316.2126, F.S.; requiring that the use of golf
19	carts upon any state, county, or municipal road within a
20	local jurisdiction be in compliance with local ordinances
21	governing the use of golf carts; amending s. 316.302,
22	F.S.; providing a penalty for operating a commercial motor
23	vehicle bearing a false or other illegal identification
24	number; amending s. 316.3045, F.S.; revising criteria
25	related to the operation of radios or other sound-making
26	devices in motor vehicles; amending s. 318.1215, F.S.;
27	clarifying that funds from the Dori Slosberg Driver
28	Education Safety Act be used for driver education programs
29	in schools; requiring that funds be used for enhancement
30	of a driver education program; providing a requirement for
31	behind-the-wheel training; amending s. 318.14, F.S.;
32	providing penalties for certain traffic infractions
33	requiring a mandatory hearing; providing for distribution
34	of moneys collected; amending s. 318.21, F.S.; providing
35	for distribution of specified civil penalties by county
36	courts; amending s. 319.30, F.S.; revising provisions
37	relating to the applicability of certificate of
38	destruction requirements for certain damaged vehicles;
39	amending s. 320.02, F.S.; authorizing the withholding of
40	motor vehicle registrations or re-registrations in certain
41	situations; requiring motor vehicle dealers to maintain
42	certain information; allowing owners and co-owners to
43	dispute a dealer's claims of money owed; amending s.
44	320.27, F.S.; providing for motor vehicle dealer license
45	discipline for the failure to maintain evidence of
46	notification to the owner or co-owner of a vehicle
47	regarding registration and titling fees owed; revising
48	authorized uses of revenues from the United We Stand
49	specialty license plate; amending s. 320.08058, F.S.;
50	redesignating the Florida Special Olympics license plate
51	as the Special Olympics Florida license plate and revising
52	design requirements for such specialty license plate;
53	revising requirements for agencies that receive funds from
54	the Choose Life license plate; revising authorized uses of
55	revenues from the Animal Friend specialty license plate;
56	amending s. 320.089, F.S.; allowing retired members of the
57	U.S. Armed Forces Reserve to be issued U.S. Reserve
58	license plates; amending s. 320.77, F.S.; providing that
59	mobile home dealers may provide a cash bond or letter of
60	credit in lieu of a required surety bond; amending s.
61	322.08, F.S.; revising the use of funds collected from a
62	voluntary contribution associated with driver's license
63	renewals to be used for the purposes designated by the
64	Hearing Research Institute, Inc.; amending s. 322.2615,
65	F.S.; providing that the disposition of a related criminal
66	proceeding may not affect a suspension of a driver's
67	license for refusal to submit to blood, breath, or urine
68	testing; directing the Department of Highway Safety and
69	Motor Vehicles to invalidate a suspension for driving with
70	an unlawful blood-alcohol level or breath-alcohol level if
71	the suspended person is found not guilty at trial of the
72	underlying violation of law; creating the Manufactured
73	Housing Regulatory Study Commission; providing for
74	membership; providing duties; requiring the commission to
75	file a report with the Governor and the Legislature;
76	amending s. 322.27, F.S.; correcting a cross-reference
77	relating to points assigned for littering violations;
78	amending s. 322.61, F.S.; specifying additional violations
79	that disqualify a person from operating a commercial motor
80	vehicle; providing penalties; providing an exception to
81	the requirement that a commercial driver's license be in
82	possession of the commercial driver; removing requirements
83	for a Class D driver's license; amending s. 321.24, F.S.;
84	providing that certain medical professionals who volunteer
85	for Florida Highway Patrol service are considered
86	employees of the state for sovereign immunity purposes;
87	creating s. 549.102, F.S.; authorizing temporary overnight
88	parking during a motorsports event at a motorsports
89	entertainment complex; exempting such parking from
90	regulations relating to recreational vehicle parks;
91	providing for application of health agency requirements;
92	amending s. 261.03, F.S.; redefining the term "off-highway
93	vehicle" to include a two-rider ATV; adding a definition;
94	amending s. 316.003, F.S.; defining the term "traffic
95	signal preemption system"; amending s. 316.0775, F.S.;
96	providing that the unauthorized use of a traffic signal
97	preemption device is a moving violation; amending s.
98	316.122, F.S.; providing for the right-of-way for certain
99	passing vehicles; creating s. 316.1576, F.S.; providing
100	clearance specifications for a railroad-highway grade
101	crossing; providing a penalty; creating s. 316.1577, F.S.;
102	providing that an employer is responsible under certain
103	circumstances for violations pertaining to railroad-
104	highway grade crossings; providing a penalty; amending s.
105	316.183, F.S.; increasing the minimum speed limit on
106	interstate highways under certain circumstances; amending
107	s. 316.1932, F.S.; revising the requirements for printing
108	the notice of consent for sobriety testing on a driver's
109	license; amending s. 316.1936, F.S., relating to
110	possession of open containers of alcohol; removing an
111	exemption provided for passengers of a vehicle operated by
112	a driver holding a Class D driver's license; amending s.
113	316.194, F.S.; authorizing traffic accident investigation
114	officers to remove vehicles under certain circumstances;
115	amending s. 316.1967, F.S.; providing that an owner of a
116	leased vehicle is not responsible for a parking ticket
117	violation in certain circumstances; amending s. 316.2074,
118	F.S.; redefining the term "all-terrain vehicle" to include
119	a two-rider ATV; amending s. 316.302, F.S.; updating a
120	reference to the Code of Federal Regulations relating to
121	commercial motor vehicles; amending s. 316.605, F.S.;
122	clarifying that portion of a license plate which must be
123	clear and plainly visible; amending s. 316.613, F.S.;
124	eliminating authorization for the Department of Highway
125	Safety and Motor Vehicles to expend certain funds for
126	promotional purposes; creating s. 316.6131, F.S.;
127	authorizing the department to expend certain funds for
128	public information and education campaigns; amending s.
129	316.650, F.S.; providing exceptions to a prohibition
130	against using citations as evidence in a trial; amending
131	s. 317.0003, F.S.; defining the term "off-highway vehicle"
132	to include a two-rider ATV; providing a definition;
133	amending ss. 317.0004, 317.0005, and 317.0006, F.S.;
134	conforming references; amending s. 317.0007, F.S.;
135	authorizing the Department of Highway Safety and Motor
136	Vehicles to issue a validation sticker as an additional
137	proof of title for an off-highway vehicle; providing for
138	the replacement of lost or destroyed off-highway vehicle
139	validation stickers; providing for disposition of fees;
140	repealing s. 317.0008(2), F.S., relating to the expedited
141	issuance of duplicate certificates of title for off-
142	highway vehicles; amending ss. 317.0010, 317.0012, and
143	317.0013, F.S.; conforming references; creating s.
144	317.0014, F.S.; establishing procedures for the issuance
145	of a certificate of title for an off-highway vehicle;
146	providing duties of the Department of Highway Safety and
147	Motor Vehicles; providing for a notice of lien and lien
148	satisfaction; creating s. 317.0015, F.S.; providing for
149	the applicability of certain provisions of law to the
150	titling of off-highway vehicles; creating s. 317.0016,
151	F.S.; providing for the expedited issuance of titles for
152	off-highway vehicles; creating s. 317.0017, F.S.;
153	prohibiting specified actions relating to the issuance of
154	titles for off-highway vehicles; providing a penalty;
155	creating s. 317.0018, F.S.; prohibiting the transfer of an
156	off-highway vehicle without delivery of a certificate of
157	title; prescribing other violations; providing a penalty;
158	amending s. 318.14, F.S.; authorizing the department to
159	modify certain actions to suspend or revoke a driver's
160	license following notice of final disposition; providing
161	citation procedures and proceedings for persons who do not
162	hold a commercial driver's license; amending s. 319.23,
163	F.S.; requiring a licensed motor vehicle dealer to notify
164	the Department of Highway Safety and Motor Vehicles of a
165	motor vehicle or mobile home taken as a trade-in;
166	requiring the department to update its title record;
167	amending s. 319.27, F.S.; correcting an obsolete cross-
168	reference; amending s. 320.06, F.S.; providing for a
169	credit or refund when a registrant is required to replace
170	a license plate under certain circumstances; amending s.
171	320.0601, F.S.; requiring that a registration or renewal
172	of a long-term leased motor vehicle be in the name of the
173	lessee; amending s. 320.0605, F.S.; exempting a vehicle
174	registered as a fleet vehicle from the requirement that
175	the certificate of registration be carried in the vehicle
176	at all times; amending s. 320.0843, F.S.; requiring that
177	an applicant's eligibility for a disabled parking plate be
178	noted on the certificate; amending s. 320.131, F.S.;
179	authorizing the department to provide for an electronic
180	system for motor vehicle dealers to use in issuing
181	temporary license plates; providing a penalty; amending s.
182	320.18, F.S.; authorizing the department to cancel the
183	vehicle or vessel registration, driver's license, or
184	identification card of a person who pays certain fees or
185	penalties with a dishonored check; amending s. 320.27,
186	F.S.; requiring dealer principals to provide certification
187	of completing continuing education under certain
188	circumstances; requiring motor vehicle dealers to maintain
189	records for a specified period; providing certain
190	penalties; amending s. 322.01, F.S.; redefining the terms
191	"commercial motor vehicle" and "out-of-service order";
192	providing the definition of conviction applicable to
193	offenses committed in a commercial motor vehicle; amending
194	s. 322.05, F.S.; removing requirements for a Class D
195	driver's license; amending s. 322.051, F.S.; revising
196	provisions relating to the application for an
197	identification card; providing that the requirement for a
198	fullface photograph or digital image on an identification
199	card may not be waived under ch. 761, F.S.; amending s.
200	322.07, F.S.; removing requirements for a Class D driver's
201	license; amending s. 322.08, F.S.; providing that a United
202	States passport is an acceptable proof of identity for
203	purposes of obtaining a driver's license; providing that a
204	naturalization certificate issued by the United States
205	Department of Homeland Security is an acceptable proof of
206	identity for such purpose; providing that specified
207	documents issued by the United States Department of
208	Homeland Security are acceptable as proof of nonimmigrant
209	classification; amending s. 322.09, F.S.; requiring the
210	signature of a secondary guardian on a driver's license
211	application for a minor under certain circumstances;
212	amending s. 322.11, F.S.; providing for notice to a minor
213	before canceling the minor's license due to the death of
214	the person who cosigned the initial application; amending
215	s. 322.12, F.S.; removing requirements for a Class D
216	driver's license; amending s. 322.135, F.S.; deleting a
217	requirement that a portion of certain fees collected by a
218	tax collector be deposited in the Highway Safety Operating
219	Trust Fund; revising requirements for the tax collector in
220	directing a licensee for examination or reexamination;
221	requiring county officers to pay certain funds to the
222	State Treasury by electronic funds transfer within a
223	specified period; amending s. 322.142, F.S.; providing
224	that the requirement for a fullface photograph or digital
225	image on a driver's license may not be waived under ch.
226	761, F.S.; amending s. 322.161, F.S.; removing
227	requirements for a Class D driver's license; amending s.
228	322.17, F.S., relating to duplicate and replacement
229	certificates; conforming a cross-reference; amending s.
230	322.18, F.S.; revising the expiration period for driver's
231	licenses issued to specified persons; conforming cross-
232	references; amending s. 322.19, F.S., relating to change
233	of address or name; conforming cross-references; amending
234	s. 322.21, F.S.; removing requirements for a Class D
235	driver's license; requiring the department to set a fee
236	for a hazardous-materials endorsement; providing that the
237	fee may not exceed $100; amending s. 322.212, F.S.;
238	providing an additional penalty for giving false
239	information when applying for a commercial driver's
240	license; amending s. 322.22, F.S.; authorizing the
241	department to cancel any identification card, vehicle or
242	vessel registration, or fuel-use decal of a licensee who
243	pays certain fees or penalties with a dishonored check;
244	amending s. 322.251, F.S.; removing requirements for a
245	Class D driver's license; amending s. 322.2615, F.S.;
246	revising provisions related to administrative suspension
247	of driver's licenses; amending s. 322.27, F.S.; providing
248	4 points to be assessed against a person's driver's
249	license for a violation of s. 316.0775(2), F.S.; amending
250	s. 322.30, F.S.; removing the requirements for a Class D
251	driver's license; amending s. 322.53, F.S.; removing
252	requirements for a Class D driver's license; removing a
253	requirement that certain operators of a commercial motor
254	vehicle obtain a specified license; amending s. 322.54,
255	F.S.; revising the classification requirements for certain
256	driver's licenses; deleting requirements for a Class D
257	driver's license; amending s. 322.57, F.S.; providing
258	testing requirements for school bus drivers; amending s.
259	322.58, F.S.; deleting requirements for a Class D driver's
260	license and changing those requirements to a Class E
261	driver's license; amending s. 322.63, F.S.; clarifying
262	provisions governing alcohol and drug testing for
263	commercial motor vehicle operators; amending s. 322.64,
264	F.S., and reenacting s. 322.64(14), F.S., relating to
265	citation procedures and proceedings, to incorporate the
266	amendment to s. 322.61, F.S., in a reference thereto;
267	providing for a temporary permit issued following certain
268	DUI offenses to apply only to the operation of
269	noncommercial vehicles; amending s. 713.78, F.S.; revising
270	provisions relating to the placement of a wrecker
271	operator's lien against a motor vehicle; amending s.
272	843.16, F.S.; prohibiting the transportation of radio
273	equipment that receives signals on frequencies used by
274	this state's law enforcement officers or fire rescue
275	personnel; redefining the term "emergency vehicle" to
276	include any motor vehicle designated as such by the fire
277	chief of a county or municipality; providing a short
278	title; amending s. 316.614, F.S.; revising provisions
279	relating to safety belt usage; requiring the Department of
280	Highway Safety and Motor Vehicles to develop a policy to
281	prohibit the practice of racial profiling; providing an
282	enhanced penalty; providing effective dates.
283
284	Be It Enacted by the Legislature of the State of Florida:
285
286	Section 1.  Section 61.13016, Florida Statutes, is amended
287	to read:
288	61.13016  Suspension of driver's licenses and motor vehicle
289	registrations.--
290	(1)  The driver's license and motor vehicle registration of
291	a support obligor who is delinquent in payment or who has failed
292	to comply with subpoenas or a similar order to appear or show
293	cause relating to paternity or support proceedings may be
294	suspended. When an obligor is 15 days delinquent making a
295	payment in support or failure to comply with a subpoena, order
296	to appear, order to show cause, or similar order in IV-D cases,
297	the Title IV-D agency may provide notice to the obligor of the
298	delinquency or failure to comply with a subpoena, order to
299	appear, order to show cause, or similar order and the intent to
300	suspend by regular United States mail that is posted to the
301	obligor's last address of record with the Department of Highway
302	Safety and Motor Vehicles. When an obligor is 15 days delinquent
303	in making a payment in support in non-IV-D cases, and upon the
304	request of the obligee, the depository or the clerk of the court
305	must provide notice to the obligor of the delinquency and the
306	intent to suspend by regular United States mail that is posted
307	to the obligor's last address of record with the Department of
308	Highway Safety and Motor Vehicles.  In either case, the notice
309	must state:
310	(a)  The terms of the order creating the support
311	obligation;
312	(b)  The period of the delinquency and the total amount of
313	the delinquency as of the date of the notice or describe the
314	subpoena, order to appear, order to show cause, or other similar
315	order which has not been complied with;
316	(c)  That notification will be given to the Department of
317	Highway Safety and Motor Vehicles to suspend the obligor's
318	driver's license and motor vehicle registration unless, within
319	20 days after the date the notice is mailed, the obligor:
320	1.a.  Pays the delinquency in full and any other costs and
321	fees accrued between the date of the notice and the date the
322	delinquency is paid;
323	b.  Enters into a written agreement for payment with the
324	obligee in non-IV-D cases or with the Title IV-D agency in IV-D
325	cases; or in IV-D cases, complies with a subpoena or order to
326	appear, order to show cause, or a similar order; or
327	c.  Files a petition with the circuit court to contest the
328	delinquency action; and
329	2.  Pays any applicable delinquency fees.
330
331	If the obligor in non-IV-D cases enters into a written agreement
332	for payment before the expiration of the 20-day period, the
333	obligor must provide a copy of the signed written agreement to
334	the depository or the clerk of the court.
335	(2)(a)  Upon petition filed by the obligor in the circuit
336	court within 20 days after the mailing date of the notice, the
337	court may, in its discretion, direct the department to issue a
338	license for driving privileges restricted to business purposes
339	only, as defined by s. 322.271, if the person is otherwise
340	qualified for such a license. As a condition for the court to
341	exercise its discretion under this subsection, the obligor must
342	agree to a schedule of payment on any child support arrearages
343	and to maintain current child support obligations. If the
344	obligor fails to comply with the schedule of payment, the court
345	shall direct the Department of Highway Safety and Motor Vehicles
346	to suspend the obligor's driver's license.
347	(b)  The obligor must serve a copy of the petition on the
348	Title IV-D agency in IV-D cases or on the depository or the
349	clerk of the court in non-IV-D cases. When an obligor timely
350	files a petition to set aside a suspension, the court must hear
351	the matter within 15 days after the petition is filed. The court
352	must enter an order resolving the matter within 10 days after
353	the hearing, and a copy of the order must be served on the
354	parties. The timely filing of a petition under this subsection
355	stays the intent to suspend until the entry of a court order
356	resolving the matter.
357	(3)(2)  If the obligor does not, within 20 days after the
358	mailing date on the notice, pay the delinquency, enter into a
359	payment agreement, comply with the subpoena, order to appear,
360	order to show cause, or other similar order, or file a motion to
361	contest, the Title IV-D agency in IV-D cases, or the depository
362	or clerk of the court in non-IV-D cases, shall file the notice
363	with the Department of Highway Safety and Motor Vehicles and
364	request the suspension of the obligor's driver's license and
365	motor vehicle registration in accordance with s. 322.058.
366	(4)(3)  The obligor may, within 20 days after the mailing
367	date on the notice of delinquency or noncompliance and intent to
368	suspend, file in the circuit court a petition to contest the
369	notice of delinquency or noncompliance and intent to suspend on
370	the ground of mistake of fact regarding the existence of a
371	delinquency or the identity of the obligor.  The obligor must
372	serve a copy of the petition on the Title IV-D agency in IV-D
373	cases or depository or clerk of the court in non-IV-D cases.
374	When an obligor timely files a petition to contest, the court
375	must hear the matter within 15 days after the petition is filed.
376	The court must enter an order resolving the matter within 10
377	days after the hearing, and a copy of the order must be served
378	on the parties. The timely filing of a petition to contest stays
379	the notice of delinquency and intent to suspend until the entry
380	of a court order resolving the matter.
381	Section 2.  Subsection (2) of section 316.006, Florida
382	Statutes, is amended to read:
383	316.006  Jurisdiction.--Jurisdiction to control traffic is
384	vested as follows:
385	(2)  MUNICIPALITIES.--
386	(a)  Chartered municipalities shall have original
387	jurisdiction over all streets and highways located within their
388	boundaries, except state roads, and may place and maintain such
389	traffic control devices which conform to the manual and
390	specifications of the Department of Transportation upon all
391	streets and highways under their original jurisdiction as they
392	shall deem necessary to indicate and to carry out the provisions
393	of this chapter or to regulate, warn, or guide traffic.
394	(b)  A municipality may exercise jurisdiction over any
395	private road or roads, or over any limited access road or roads
396	owned or controlled by a special district, located within its
397	boundaries if the municipality and party or parties owning or
398	controlling such road or roads provide, by written agreement
399	approved by the governing body of the municipality, for
400	municipal traffic control jurisdiction over the road or roads
401	encompassed by such agreement. Pursuant thereto:
402	1.  Provision for reimbursement for actual costs of traffic
403	control and enforcement and for liability insurance and
404	indemnification by the party or parties, and such other terms as
405	are mutually agreeable, may be included in such an agreement.
406	2.  The exercise of jurisdiction provided for herein shall
407	be in addition to jurisdictional authority presently exercised
408	by municipalities under law, and nothing in this paragraph shall
409	be construed to limit or remove any such jurisdictional
410	authority. Such jurisdiction includes regulation of access to
411	such road or roads by security devices or personnel.
412	3.  Any such agreement may provide for the installation of
413	multiparty stop signs by the parties controlling the roads
414	covered by the agreement if a determination is made by such
415	parties that the signage will enhance traffic safety. Multiparty
416	stop signs must conform to the manual and specifications of the
417	Department of Transportation; however, minimum traffic volumes
418	may not be required for the installation of such signage.
419	Enforcement for the signs shall be as provided in s. 316.123.
420	(c)  Notwithstanding any other provisions of law to the
421	contrary, a municipality may, by interlocal agreement with a
422	county, agree to transfer traffic regulatory authority over
423	areas within the municipality to the county.
424
425	This subsection shall not limit those counties which have the
426	charter powers to provide and regulate arterial, toll, and other
427	roads, bridges, tunnels, and related facilities from the proper
428	exercise of those powers by the placement and maintenance of
429	traffic control devices which conform to the manual and
430	specifications of the Department of Transportation on streets
431	and highways located within municipal boundaries.
432	Section 3.  Section 316.083, Florida Statutes, is amended
433	to read:
434	316.083  Overtaking and passing a vehicle.--The following
435	rules shall govern the overtaking and passing of vehicles
436	proceeding in the same direction, subject to those limitations,
437	exceptions, and special rules hereinafter stated:
438	(1)  The driver of a vehicle overtaking another vehicle
439	proceeding in the same direction shall give an appropriate
440	signal as provided for in s. 316.156, shall pass to the left
441	thereof at a safe distance, and shall not again drive to the
442	right side of the roadway until safely clear of the overtaken
443	vehicle.
444	(2)  Except when overtaking and passing on the right is
445	permitted, the driver of an overtaken vehicle shall give way to
446	the right in favor of the overtaking vehicle, on audible signal
447	or upon the visible blinking of the headlamps of the overtaking
448	vehicle if such overtaking is being attempted at nighttime, and
449	shall not increase the speed of his or her vehicle until
450	completely passed by the overtaking vehicle.
451	(3)  A violation of this section is a noncriminal traffic
452	infraction, punishable as a moving violation as provided in
453	chapter 318.
454	Section 4.  Section 316.155, Florida Statutes, is amended
455	to read:
456	316.155  When signal required.--
457	(1)  No person may turn a vehicle from a direct course or
458	move right or left upon a highway unless and until such movement
459	can be made with reasonable safety, and then only after giving
460	an appropriate signal in the manner hereinafter provided, in the
461	event any other vehicle may be affected by the movement.
462	(2)  A signal of intention to turn right or left must be
463	given continuously during not less than the last 100 feet
464	traveled by the vehicle before turning, except that such a
465	signal by hand or arm need not be given continuously by a
466	bicyclist if the hand is needed in the control or operation of
467	the bicycle.
468	(3)  No person may stop or suddenly decrease the speed of a
469	vehicle without first giving an appropriate signal in the manner
470	provided herein to the driver of any vehicle immediately to the
471	rear, when there is opportunity to give such signal.
472	(4)  The signals provided for in s. 316.156 shall be used
473	to indicate an intention to turn, to overtake, or to pass a
474	vehicle and may not, except as provided in s. 316.2397, be
475	flashed on one side only on a parked or disabled vehicle or
476	flashed as a courtesy or "do pass" signal to operators of other
477	vehicles approaching from the rear.
478	(5)  A violation of this section is a noncriminal traffic
479	infraction, punishable as a moving violation as provided in
480	chapter 318.
481	Section 5.  Section 316.2095, Florida Statutes, is amended
482	to read:
483	316.2095  Footrests, handholds, and handlebars.--
484	(1)  Any motorcycle carrying a passenger, other than in a
485	sidecar or enclosed cab, shall be equipped with footrests and
486	handholds for such passenger.
487	(2)  No person shall operate any motorcycle with handlebars
488	or with handgrips that are higher than the top of the shoulders
489	of the person operating the motorcycle while properly seated
490	upon the motorcycle more than 15 inches in height above that
491	portion of the seat occupied by the operator.
492	(3)  A violation of this section is a noncriminal traffic
493	infraction, punishable as a nonmoving violation as provided in
494	chapter 318.
495	Section 6.  Section 316.212, Florida Statutes, is amended
496	to read:
497	316.212  Operation of golf carts on certain roadways.--The
498	operation of a golf cart upon the public roads or streets of
499	this state is prohibited except as provided herein:
500	(1)  A golf cart may be operated only upon a county road
501	that has been designated by a county, or a municipal city street
502	that has been designated by a municipality city, for use by golf
503	carts.  Prior to making such a designation, the responsible
504	local governmental entity must first determine that golf carts
505	may safely travel on or cross the public road or street,
506	considering factors including the speed, volume, and character
507	of motor vehicle traffic using the road or street. Upon a
508	determination that golf carts may be safely operated on a
509	designated road or street, the responsible governmental entity
510	shall post appropriate signs to indicate that such operation is
511	allowed.
512	(2)  A golf cart may be operated on a part of the State
513	Highway System only under the following conditions:
514	(a)  To cross a portion of the State Highway System which
515	intersects a county road or municipal city street that has been
516	designated for use by golf carts if the Department of
517	Transportation has reviewed and approved the location and design
518	of the crossing and any traffic control devices needed for
519	safety purposes.
520	(b)  To cross, at midblock, a part of the State Highway
521	System where a golf course is constructed on both sides of the
522	highway if the Department of Transportation has reviewed and
523	approved the location and design of the crossing and any traffic
524	control devices needed for safety purposes.
525	(c)  A golf cart may be operated on a state road that has
526	been designated for transfer to a local government unit pursuant
527	to s. 335.0415 if the Department of Transportation determines
528	that the operation of a golf cart within the right-of-way of the
529	road will not impede the safe and efficient flow of motor
530	vehicular traffic. The department may authorize the operation of
531	golf carts on such a road if:
532	1.  The road is the only available public road along which
533	golf carts may travel or cross or the road provides the safest
534	travel route among alternative routes available; and
535	2.  The speed, volume, and character of motor vehicular
536	traffic using the road is considered in making such a
537	determination.
538
539	Upon its determination that golf carts may be operated on a
540	given road, the department shall post appropriate signs on the
541	road to indicate that such operation is allowed.
542	(3)  Any other provision of this section to the contrary
543	notwithstanding, a golf cart may be operated for the purpose of
544	crossing a street or highway where a single mobile home park is
545	located on both sides of the street or highway and is divided by
546	that street or highway, provided that the governmental entity
547	having original jurisdiction over such street or highway shall
548	review and approve the location of the crossing and require
549	implementation of any traffic controls needed for safety
550	purposes. This subsection shall apply only to residents or
551	guests of the mobile home park. Any other provision of law to
552	the contrary notwithstanding, if notice is posted at the
553	entrance and exit to any mobile home park that residents of the
554	park utilize golf carts or electric vehicles within the confines
555	of the park it shall not be necessary that the park have a gate
556	or other device at the entrance and exit in order for such golf
557	carts or electric vehicles to be lawfully operated in the park.
558	(4)  A golf cart may be operated only during the hours
559	between sunrise and sunset, unless the responsible governmental
560	entity has determined that a golf cart may be operated during
561	the hours between sunset and sunrise and the golf cart is
562	equipped with headlights, brake lights, turn signals, and a
563	windshield.
564	(5)  A golf cart must be equipped with efficient brakes,
565	reliable steering apparatus, safe tires, a rearview mirror, and
566	red reflectorized warning devices in both the front and rear.
567	(6)  A golf cart may not be operated on public roads or
568	streets by any person under the age of 14.
569	(7)  A local governmental entity may enact an ordinance
570	regarding golf cart operation and equipment which is more
571	restrictive than those enumerated in this section. Upon
572	enactment of any such ordinance, the local governmental entity
573	shall post appropriate signs or otherwise inform the residents
574	that such an ordinance exists and that it shall be enforced
575	within the local government's jurisdictional territory. An
576	ordinance referred to in this section must apply only to an
577	unlicensed driver.
578	(8)(7)  A violation of this section is a noncriminal
579	traffic infraction, punishable pursuant to chapter 318 as either
580	a moving violation for infractions of subsection (1), subsection
581	(2), subsection (3), or subsection (4), or a local ordinance
582	corresponding thereto and enacted pursuant to subsection (7), or
583	punishable pursuant to chapter 318 as a nonmoving violation for
584	infractions of subsection subsections (5), subsection and (6),
585	or a local ordinance corresponding thereto and enacted pursuant
586	to subsection (7).
587	Section 7.  Section 316.2126, Florida Statutes, is amended
588	to read:
589	316.2126  Use of golf carts and utility vehicles by
590	municipalities.--In addition to the powers granted by ss.
591	316.212 and 316.2125, municipalities are hereby authorized to
592	utilize golf carts and utility vehicles, as defined in s.
593	320.01, upon any state, county, or municipal roads located
594	within the corporate limits of such municipalities, subject to
595	the following conditions:
596	(1)  Golf carts and utility vehicles must comply with the
597	operational and safety requirements in ss. 316.212 and 316.2125,
598	and with any more restrictive ordinances enacted by the local
599	governmental entity pursuant to s. 316.212(7), and shall only be
600	operated by municipal employees for municipal purposes,
601	including, but not limited to, police patrol, traffic
602	enforcement, and inspection of public facilities.
603	(2)  In addition to the safety equipment required in s.
604	316.212(5) and any more restrictive safety equipment required by
605	the local governmental entity pursuant to s. 316.212(7), such
606	golf carts and utility vehicles must be equipped with sufficient
607	lighting and turn signal equipment.
608	(3)  Golf carts and utility vehicles may only be operated
609	on state roads that have a posted speed limit of 30 miles per
610	hour or less.
611	(4)  A municipal employee operating a golf cart or utility
612	vehicle pursuant to this section must possess a valid driver's
613	license as required by s. 322.03.
614	Section 8.  Subsection (11) is added to section 316.302,
615	Florida Statutes, to read:
616	316.302  Commercial motor vehicles; safety regulations;
617	transporters and shippers of hazardous materials; enforcement.--
618	(11)  In addition to any other penalty provided in this
619	section, a person who operates a commercial motor vehicle that
620	bears an identification number required by this section which is
621	false, fraudulent, or displayed without the consent of the
622	person to whom it is assigned commits a misdemeanor of the first
623	degree, punishable as provided in s. 775.082 or s. 775.083.
624	Section 9.  Section 316.3045, Florida Statutes, is amended
625	to read:
626	316.3045  Operation of radios or other mechanical
627	soundmaking devices or instruments in vehicles; exemptions.--
628	(1)  It is unlawful for any person operating or occupying a
629	motor vehicle on a street or highway to operate or amplify the
630	sound produced by a radio, tape player, or other mechanical
631	soundmaking device or instrument from within the motor vehicle
632	so that the sound is:
633	(a)  Plainly audible at a distance of 25 100 feet or more
634	from the motor vehicle; or
635	(b)  Louder than necessary for the convenient hearing by
636	persons inside the vehicle in areas adjoining churches, schools,
637	or hospitals.
638	(2)  The provisions of this section shall not apply to any
639	law enforcement motor vehicle equipped with any communication
640	device necessary in the performance of law enforcement duties or
641	to any emergency vehicle equipped with any communication device
642	necessary in the performance of any emergency procedures.
643	(3)  The provisions of this section do not apply to motor
644	vehicles used for business or political purposes, which in the
645	normal course of conducting such business use soundmaking
646	devices.  The provisions of this subsection shall not be deemed
647	to prevent local authorities, with respect to streets and
648	highways under their jurisdiction and within the reasonable
649	exercise of the police power, from regulating the time and
650	manner in which such business may be operated.
651	(4)  The provisions of this section do not apply to the
652	noise made by a horn or other warning device required or
653	permitted by s. 316.271. The Department of Highway Safety and
654	Motor Vehicles shall promulgate rules defining "plainly audible"
655	and establish standards regarding how sound should be measured
656	by law enforcement personnel who enforce the provisions of this
657	section.
658	(5)  A violation of this section is a noncriminal traffic
659	infraction, punishable as a nonmoving violation as provided in
660	chapter 318.
661	Section 10.  Section 318.1215, Florida Statutes, is amended
662	to read:
663	318.1215  Dori Slosberg Driver Education Safety Act.--
664	Effective October 1, 2002, notwithstanding the provisions of s.
665	318.121, a board of county commissioners may require, by
666	ordinance, that the clerk of the court collect an additional $3
667	with each civil traffic penalty, which shall be used to fund
668	driver traffic education programs in public and nonpublic
669	schools. The ordinance shall provide for the board of county
670	commissioners to administer the funds, which shall be used for
671	enhancement, and not replacement, of driver education program
672	funds. The funds shall be used for direct educational expenses
673	and shall not be used for administration. Each driver education
674	program receiving funds pursuant to this section shall require
675	that a minimum of 30 percent of a student's time in the program
676	be behind-the-wheel training. This section may be cited as the
677	"Dori Slosberg Driver Education Safety Act."
678	Section 11.  Effective October 1, 2005, subsection (5) of
679	section 318.14, Florida Statutes, is amended to read:
680	318.14  Noncriminal traffic infractions; exception;
681	procedures.--
682	(5)  Any person electing to appear before the designated
683	official or who is required so to appear shall be deemed to have
684	waived his or her right to the civil penalty provisions of s.
685	318.18. The official, after a hearing, shall make a
686	determination as to whether an infraction has been committed. If
687	the commission of an infraction has been proven, the official
688	may impose a civil penalty not to exceed $500, except that in
689	cases involving unlawful speed in a school zone or, involving
690	unlawful speed in a construction zone, or involving a death, the
691	civil penalty may not exceed $1,000; or require attendance at a
692	driver improvement school, or both. If the person is required to
693	appear before the designated official pursuant to s. 318.19(1)
694	and is found to have committed the infraction, the designated
695	official shall impose a civil penalty of $1,000 in addition to
696	any other penalties and the person's driver's license shall be
697	suspended for 6 months. If the person is required to appear
698	before the designated official pursuant to s. 318.19(2) and is
699	found to have committed the infraction, the designated official
700	shall impose a civil penalty of $500 in addition to any other
701	penalties and the person's driver's license shall be suspended
702	for 3 months. If the official determines that no infraction has
703	been committed, no costs or penalties shall be imposed and any
704	costs or penalties that have been paid shall be returned. Moneys
705	received from the mandatory civil penalties imposed pursuant to
706	this subsection upon persons required to appear before a
707	designated official pursuant to s. 318.19(1) or (2) shall be
708	remitted to the Department of Revenue and deposited into the
709	Department of Health Administrative Trust Fund to provide
710	financial support to certified trauma centers to assure the
711	availability and accessibility of trauma services throughout the
712	state. Funds deposited into the Administrative Trust Fund under
713	this section shall be allocated as follows:
714	(a)  Fifty percent shall be allocated equally among all
715	Level I, Level II, and pediatric trauma centers in recognition
716	of readiness costs for maintaining trauma services.
717	(b)  Fifty percent shall be allocated among Level I, Level
718	II, and pediatric trauma centers based on each center's relative
719	volume of trauma cases as reported in the Department of Health
720	Trauma Registry.
721	Section 12.  Effective October 1, 2005, subsection (13) is
722	added to section 318.21, Florida Statutes, to read:
723	318.21  Disposition of civil penalties by county courts.--
724	All civil penalties received by a county court pursuant to the
725	provisions of this chapter shall be distributed and paid monthly
726	as follows:
727	(13)  Notwithstanding subsections (1) and (2), the proceeds
728	from the mandatory civil penalties imposed pursuant to s.
729	318.14(5) shall be distributed as provided in that section.
730	Section 13.  Paragraph (b) of subsection (3) of section
731	319.30, Florida Statutes, is amended to read:
732	319.30  Definitions; dismantling, destruction, change of
733	identity of motor vehicle or mobile home; salvage.--
734	(3)
735	(b)  The owner, including persons who are self-insured, of
736	any motor vehicle or mobile home which is considered to be
737	salvage shall, within 72 hours after the motor vehicle or mobile
738	home becomes salvage, forward the title to the motor vehicle or
739	mobile home to the department for processing. However, an
740	insurance company which pays money as compensation for total
741	loss of a motor vehicle or mobile home shall obtain the
742	certificate of title for the motor vehicle or mobile home and,
743	within 72 hours after receiving such certificate of title, shall
744	forward such title to the department for processing. The owner
745	or insurance company, as the case may be, may not dispose of a
746	vehicle or mobile home that is a total loss before it has
747	obtained a salvage certificate of title or certificate of
748	destruction from the department. When applying for a salvage
749	certificate of title or certificate of destruction, the owner or
750	insurance company must provide the department with an estimate
751	of the costs of repairing the physical and mechanical damage
752	suffered by the vehicle for which a salvage certificate of title
753	or certificate of destruction is sought. If the estimated costs
754	of repairing the physical and mechanical damage to the vehicle
755	are equal to 80 percent or more of the current retail cost of
756	the vehicle, as established in any official used car or used
757	mobile home guide, the department shall declare the vehicle
758	unrebuildable and print a certificate of destruction, which
759	authorizes the dismantling or destruction of the motor vehicle
760	or mobile home described therein. However, if the damaged motor
761	vehicle is equipped with custom-lowered floors for wheelchair
762	access or a wheelchair lift, the insurance company may, upon
763	determing that the vehicle is repairable to a condition that is
764	safe for operation on public roads, submit the certificate of
765	title to the department for reissuance as a salvage rebuildable
766	title and the addition of a title brand of "insurance-declared
767	total loss." This certificate of destruction shall be
768	reassignable a maximum of two times before dismantling or
769	destruction of the vehicle shall be required, and shall
770	accompany the motor vehicle or mobile home for which it is
771	issued, when such motor vehicle or mobile home is sold for such
772	purposes, in lieu of a certificate of title, and, thereafter,
773	the department shall refuse issuance of any certificate of title
774	for that vehicle. Nothing in this subsection shall be applicable
775	when a vehicle is worth less than $1,500 retail in undamaged
776	condition in any official used motor vehicle guide or used
777	mobile home guide or when a stolen motor vehicle or mobile home
778	is recovered in substantially intact condition and is readily
779	resalable without extensive repairs to or replacement of the
780	frame or engine. Any person who willfully and deliberately
781	violates this paragraph or falsifies any document to avoid the
782	requirements of this paragraph commits a misdemeanor of the
783	first degree, punishable as provided in s. 775.082 or s.
784	775.083.
785	Section 14.  Subsection (19) is added to section 320.02,
786	Florida Statutes, to read:
787	320.02  Registration required; application for
788	registration; forms.--
789	(19)  The department is authorized to withhold registration
790	or re-registration of a motor vehicle if the name of the owner
791	or of a co-owner appears on a list submitted to the department
792	by a licensed motor vehicle dealer for a previous registration
793	of that vehicle. The motor vehicle dealer must maintain signed
794	evidence that the owner or co-owner acknowledged the dealer's
795	authority to submit the list to the department if he or she
796	failed to pay and must note the amount for which the owner or
797	co-owner would be responsible for the vehicle registration. The
798	dealer must maintain the necessary documentation required in
799	this subsection or face penalties as provided in s. 320.27. This
800	subsection does not affect the issuance of a title to a motor
801	vehicle.
802	(a)  The motor vehicle owner or co-owner may dispute the
803	claim that money is owed to a dealer for registration fees by
804	submitting a form to the department if the motor vehicle owner
805	or co-owner has documentary proof that the registration fees
806	have been paid to the dealer for the disputed amount. Without
807	clear evidence of the amounts owed for the vehicle registration
808	and repayment, the department will assume initial payments are
809	applied to government-assessed fees first.
810	(b)  If the registered owner's dispute complies with
811	paragraph (a), the department shall immediately remove the motor
812	vehicle owner or co-owner's name from the list, thereby allowing
813	the issuance of a license plate or revalidation sticker.
814	Section 15.  Paragraph (b) of subsection (9) of section
815	320.27, Florida Statutes, is amended to read:
816	320.27  Motor vehicle dealers.--
817	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
818	(b)  The department may deny, suspend, or revoke any
819	license issued hereunder or under the provisions of s. 320.77 or
820	s. 320.771 upon proof that a licensee has committed, with
821	sufficient frequency so as to establish a pattern of wrongdoing
822	on the part of a licensee, violations of one or more of the
823	following activities:
824	1.  Representation that a demonstrator is a new motor
825	vehicle, or the attempt to sell or the sale of a demonstrator as
826	a new motor vehicle without written notice to the purchaser that
827	the vehicle is a demonstrator. For the purposes of this section,
828	a "demonstrator," a "new motor vehicle," and a "used motor
829	vehicle" shall be defined as under s. 320.60.
830	2.  Unjustifiable refusal to comply with a licensee's
831	responsibility under the terms of the new motor vehicle warranty
832	issued by its respective manufacturer, distributor, or importer.
833	However, if such refusal is at the direction of the
834	manufacturer, distributor, or importer, such refusal shall not
835	be a ground under this section.
836	3.  Misrepresentation or false, deceptive, or misleading
837	statements with regard to the sale or financing of motor
838	vehicles which any motor vehicle dealer has, or causes to have,
839	advertised, printed, displayed, published, distributed,
840	broadcast, televised, or made in any manner with regard to the
841	sale or financing of motor vehicles.
842	4.  Failure by any motor vehicle dealer to provide a
843	customer or purchaser with an odometer disclosure statement and
844	a copy of any bona fide written, executed sales contract or
845	agreement of purchase connected with the purchase of the motor
846	vehicle purchased by the customer or purchaser.
847	5.  Failure of any motor vehicle dealer to comply with the
848	terms of any bona fide written, executed agreement, pursuant to
849	the sale of a motor vehicle.
850	6.  Failure to apply for transfer of a title as prescribed
851	in s. 319.23(6).
852	7.  Use of the dealer license identification number by any
853	person other than the licensed dealer or his or her designee.
854	8.  Failure to continually meet the requirements of the
855	licensure law.
856	9.  Representation to a customer or any advertisement to
857	the public representing or suggesting that a motor vehicle is a
858	new motor vehicle if such vehicle lawfully cannot be titled in
859	the name of the customer or other member of the public by the
860	seller using a manufacturer's statement of origin as permitted
861	in s. 319.23(1).
862	10.  Requirement by any motor vehicle dealer that a
863	customer or purchaser accept equipment on his or her motor
864	vehicle which was not ordered by the customer or purchaser.
865	11.  Requirement by any motor vehicle dealer that any
866	customer or purchaser finance a motor vehicle with a specific
867	financial institution or company.
868	12.  Requirement by any motor vehicle dealer that the
869	purchaser of a motor vehicle contract with the dealer for
870	physical damage insurance.
871	13.  Perpetration of a fraud upon any person as a result of
872	dealing in motor vehicles, including, without limitation, the
873	misrepresentation to any person by the licensee of the
874	licensee's relationship to any manufacturer, importer, or
875	distributor.
876	14.  Violation of any of the provisions of s. 319.35 by any
877	motor vehicle dealer.
878	15.  Sale by a motor vehicle dealer of a vehicle offered in
879	trade by a customer prior to consummation of the sale, exchange,
880	or transfer of a newly acquired vehicle to the customer, unless
881	the customer provides written authorization for the sale of the
882	trade-in vehicle prior to delivery of the newly acquired
883	vehicle.
884	16.  Willful failure to comply with any administrative rule
885	adopted by the department.
886	17.  Violation of chapter 319, this chapter, or ss.
887	559.901-559.9221, which has to do with dealing in or repairing
888	motor vehicles or mobile homes. Additionally, in the case of
889	used motor vehicles, the willful violation of the federal law
890	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
891	the consumer sales window form.
892	18.  Failure to maintain evidence of notification to the
893	owner or co-owner of a vehicle regarding registration or titling
894	fees owned as required in s. 320.02(19).
895	Section 16.  Subsections (7), (30), (33), and (56) of
896	section 320.08058, Florida Statutes, are amended to read:
897	320.08058  Specialty license plates.--
898	(7)  FLORIDA SPECIAL OLYMPICS FLORIDA LICENSE PLATES.--
899	(a)  Florida Special Olympics Florida license plates must
900	contain the official Florida Special Olympics Florida logo and
901	must bear a design and colors that are approved by the
902	department.  The word "Florida" must be centered at the bottom
903	top of the plate, and the words "Everyone Wins" "Support Florida
904	Special Olympics" must be centered at the top bottom of the
905	plate.
906	(b)  The license plate annual use fees are to be annually
907	distributed as follows:
908	1.  The first $5 million collected annually must be
909	forwarded to the private nonprofit corporation as described in
910	s. 393.002 and must be used solely for Special Olympics purposes
911	as approved by the private nonprofit corporation.
912	2.  Any additional fees must be deposited into the General
913	Revenue Fund.
914	(30)  CHOOSE LIFE LICENSE PLATES.--
915	(a)  The department shall develop a Choose Life license
916	plate as provided in this section. The word "Florida" must
917	appear at the bottom of the plate, and the words "Choose Life"
918	must appear at the top of the plate.
919	(b)  The annual use fees shall be distributed annually to
920	each county in the ratio that the annual use fees collected by
921	each county bears to the total fees collected for the plates
922	within the state. Each county shall distribute the funds to
923	nongovernmental, not-for-profit agencies within the county,
924	which agencies' services are limited to counseling and meeting
925	the physical needs of pregnant women who are committed to
926	placing their children for adoption. Funds may not be
927	distributed to any agency that is involved or associated with
928	abortion activities, including counseling for or referrals to
929	abortion clinics, providing medical abortion-related procedures,
930	or proabortion advertising, and funds may not be distributed to
931	any agency that charges women for services received.
932	1.  Agencies that receive the funds must use at least 70
933	percent of the funds to provide for the material needs of
934	pregnant women who are committed to placing their children for
935	adoption, including clothing, housing, medical care, food,
936	utilities, and transportation. Such funds may also be expended
937	on infants awaiting placement with adoptive parents.
938	2.  The remaining funds may be used for adoption,
939	counseling, training, or advertising, but may not be used for
940	administrative expenses, legal expenses, or capital
941	expenditures.
942	3.  Each agency that receives such funds must submit an
943	annual attestation audit, prepared by a certified public
944	accountant, to the county. The county may conduct a consolidated
945	audit in lieu of the annual audit. Any unused funds that exceed
946	10 percent of the funds received by an agency during its fiscal
947	year must be returned to the county, which shall distribute them
948	to other qualified agencies.
949	(33)  UNITED WE STAND LICENSE PLATES.--
950	(a)  Notwithstanding the provisions of s. 320.08053, the
951	department shall develop a United We Stand license plate as
952	provided in this section. The American Flag must appear on the
953	license plate in addition to the words "United We Stand." The
954	colors of the license plate must be red, white, and blue.
955	(b)  The department shall retain all revenues from the sale
956	of such plates until all startup costs for developing and
957	issuing the plates have been recovered. Thereafter, 100 50
958	percent of the annual use fee shall be distributed to the
959	Department of Transportation SAFE Council to fund a grant
960	program to enhance security at airports throughout the state,
961	pursuant to s. 332.14 and 50 percent of such fees shall be
962	distributed to the Rewards for Justice Fund, to be contributed
963	to the United States State Department's Rewards for Justice
964	program and used solely to apprehend terrorists and bring them
965	to justice.
966	(56)  ANIMAL FRIEND LICENSE PLATES.--
967	(a)  Notwithstanding the provisions of s. 320.08053, the
968	department shall develop an Animal Friend license plate as
969	provided in this section. Animal Friend license plates must bear
970	the colors and design approved by the department. The word
971	"Florida" must appear at the top of the plate, and the words
972	"Animal Friend" must appear at the bottom of the plate.
973	(b)  The department shall retain all annual use fee
974	revenues from the sale of such plates until all startup costs
975	for developing and issuing the plates are recovered, not to
976	exceed $60,000.
977	(c)  After the department has recovered all startup costs
978	for developing and issuing the plates, the annual use fees shall
979	be distributed to the Florida Animal Friend, Inc., for Humane
980	Society of the United States for animal welfare programs and
981	spay and neuter programs in the state.
982	(d)  No more than 10 percent of the fees collected may be
983	used for administrative costs directly associated with marketing
984	and promotion of the Animal Friend license plate and
985	distribution of funds as described in paragraph (c).
986	(e)  Funds received from the purchase of the Animal Friend
987	license plate shall not be used for litigation.
988	Section 17.  Paragraph (a) of subsection (1) of section
989	320.089, Florida Statutes, is amended to read:
990	320.089  Members of National Guard and active United States
991	Armed Forces reservists; former prisoners of war; survivors of
992	Pearl Harbor; Purple Heart medal recipients; special license
993	plates; fee.--
994	(1)(a)  Each owner or lessee of an automobile or truck for
995	private use or recreational vehicle as specified in s.
996	320.08(9)(c) or (d), which is not used for hire or commercial
997	use, who is a resident of the state and an active or retired
998	member of the Florida National Guard, a survivor of the attack
999	on Pearl Harbor, a recipient of the Purple Heart medal, or an
1000	active or retired member of any branch of the United States
1001	Armed Forces Reserve shall, upon application to the department,
1002	accompanied by proof of active membership or retired status in
1003	the Florida National Guard, proof of membership in the Pearl
1004	Harbor Survivors Association or proof of active military duty in
1005	Pearl Harbor on December 7, 1941, proof of being a Purple Heart
1006	medal recipient, or proof of active or retired membership in any
1007	branch of the Armed Forces Reserve, and upon payment of the
1008	license tax for the vehicle as provided in s. 320.08, be issued
1009	a license plate as provided by s. 320.06, upon which, in lieu of
1010	the serial numbers prescribed by s. 320.06, shall be stamped the
1011	words "National Guard," "Pearl Harbor Survivor," "Combat-wounded
1012	veteran," or "U.S. Reserve," as appropriate, followed by the
1013	serial number of the license plate. Additionally, the Purple
1014	Heart plate may have the words "Purple Heart" stamped on the
1015	plate and the likeness of the Purple Heart medal appearing on
1016	the plate.
1017	Section 18.  Subsection (15) of section 320.77, Florida
1018	Statutes, is amended to read:
1019	320.77  License required of mobile home dealers.--
1020	(15)  SURETY BOND,CASH BOND, OR IRREVOCABLE LETTER OF
1021	CREDIT REQUIRED.--
1022	(a)  Before any license shall be issued or renewed, the
1023	applicant or licensee shall deliver to the department a good and
1024	sufficient surety bond, cash bond, or irrevocable letter of
1025	credit, executed by the applicant or licensee as principal and
1026	by a surety company qualified to do business in the state as
1027	surety. The bond or irrevocable letter of credit shall be in a
1028	form to be approved by the department and shall be conditioned
1029	upon the dealer's complying with the conditions of any written
1030	contract made by the dealer in connection with the sale,
1031	exchange, or improvement of any mobile home and his or her not
1032	violating any of the provisions of chapter 319 or this chapter
1033	in the conduct of the business for which the dealer is licensed.
1034	The bond or irrevocable letter of credit shall be to the
1035	department and in favor of any retail customer who shall suffer
1036	any loss as a result of any violation of the conditions
1037	hereinabove contained in this section.  The bond or irrevocable
1038	letter of credit shall be for the license period, and a new bond
1039	or irrevocable letter of credit or a proper continuation
1040	certificate shall be delivered to the department at the
1041	beginning of each license period. However, the aggregate
1042	liability of the surety in any one license year shall in no
1043	event exceed the sum of such bond, or, in the case of a letter
1044	of credit, the aggregate liability of the issuing bank shall not
1045	exceed the sum of the credit. The amount of the bond required
1046	shall be as follows:
1047	1.  A single dealer who buys, sells, or deals in mobile
1048	homes and who has four or fewer supplemental licenses shall
1049	provide a surety bond, cash bond, or irrevocable letter of
1050	credit executed by the dealer applicant or licensee in the
1051	amount of $25,000.
1052	2.  A single dealer who buys, sells, or deals in mobile
1053	homes and who has more than four supplemental licenses shall
1054	provide a surety bond, cash bond, or irrevocable letter of
1055	credit executed by the dealer applicant or licensee in the
1056	amount of $50,000.
1057
1058	For the purposes of this paragraph, any person who buys, sells,
1059	or deals in both mobile homes and recreational vehicles shall
1060	provide the same surety bond required of dealers who buy, sell,
1061	or deal in mobile homes only.
1062	(b)  Surety bonds shall be executed by a surety company
1063	authorized to do business in the state as surety, and
1064	irrevocable letters of credit shall be issued by a bank
1065	authorized to do business in the state as a bank.
1066	(c)  Irrevocable letters of credit shall be engaged by a
1067	bank as an agreement to honor demands for payment as specified
1068	in this section.
1069	(d)(b)  The department shall, upon denial, suspension, or
1070	revocation of any license, notify the surety company of the
1071	licensee or bank issuing an irrevocable letter of credit for the
1072	licensee, in writing, that the license has been denied,
1073	suspended, or revoked and shall state the reason for such
1074	denial, suspension, or revocation.
1075	(e)(c)  Any surety company that which pays any claim
1076	against the bond of any licensee or any bank that honors a
1077	demand for payment as a condition specified in a letter of
1078	credit of a licensee shall notify the department, in writing,
1079	that it has paid such action has been taken a claim and shall
1080	state the amount of the claim or payment.
1081	(f)(d)  Any surety company that which cancels the bond of
1082	any licensee or any bank that cancels an irrevocable letter of
1083	credit shall notify the department, in writing, of such
1084	cancellation, giving reason for the cancellation.
1085	Section 19.  Subsection (6) of section 322.08, Florida
1086	Statutes, is amended to read:
1087	322.08  Application for license.--
1088	(6)  The application form for a driver's license or
1089	duplicate thereof shall include language permitting the
1090	following:
1091	(a)  A voluntary contribution of $5 per applicant, which
1092	contribution shall be transferred into the Election Campaign
1093	Financing Trust Fund.
1094	(b)  A voluntary contribution of $1 per applicant, which
1095	contribution shall be deposited into the Florida Organ and
1096	Tissue Donor Education and Procurement Trust Fund for organ and
1097	tissue donor education and for maintaining the organ and tissue
1098	donor registry.
1099	(c)  A voluntary contribution of $1 per applicant, which
1100	contribution shall be distributed to the Florida Council of the
1101	Blind.
1102	(d)  A voluntary contribution of $2 per applicant, which
1103	shall be distributed to the Hearing Research Institute,
1104	Incorporated, for the purpose of infant hearing screening in
1105	Florida.
1106	(e)  A voluntary contribution of $1 per applicant, which
1107	shall be distributed to the Juvenile Diabetes Foundation
1108	International.
1109
1110	A statement providing an explanation of the purpose of the trust
1111	funds shall also be included. For the purpose of applying the
1112	service charge provided in s. 215.20, contributions received
1113	under paragraphs (c), (d), and (e) and under s. 322.18(9)(a) are
1114	not income of a revenue nature.
1115	Section 20.  Subsection (14) of section 322.2615, Florida
1116	Statutes, is amended, and subsection (16) is added to that
1117	section, to read:
1118	322.2615  Suspension of license; right to review.--
1119	(14)(a)  The decision of the department under this section
1120	may shall not be considered in any trial for a violation of s.
1121	316.193, and a nor shall any written statement submitted by a
1122	person in his or her request for departmental review under this
1123	section may not be admitted admissible into evidence against him
1124	or her in any such trial.
1125	(b)  The disposition of any related criminal proceedings
1126	does shall not affect a suspension for refusal to submit to a
1127	blood, breath, or urine test, authorized by s. 316.1932 or s.
1128	316.1933, imposed under pursuant to this section.
1129	(16)  The department shall invalidate a suspension for
1130	driving with an unlawful blood-alcohol level or breath-alcohol
1131	level imposed under this section if the suspended person is
1132	found not guilty at trial of an underlying violation of s.
1133	316.193.
1134	Section 21.  (1)  There is created the Manufactured Housing
1135	Regulatory Study Commission. The study commission shall be
1136	composed of 11 members who shall be appointed as follows:
1137	(a)  Four members appointed by the Florida Manufactured
1138	Housing Association, one member representing publicly owned
1139	manufacturers of manufactured housing, one member representing
1140	privately owned manufacturers of manufactured housing, and two
1141	members who are retail sellers of manufactured housing, one of
1142	whom must also sell residential manufactured buildings approved
1143	by the Department of Community Affairs.
1144	(b)  Two members from the Senate, appointed by the
1145	President of the Senate.
1146	(c)  Two members from the House of Representatives,
1147	appointed by the Speaker of the House of Representatives.
1148	(d)  The secretary of the Department of Community Affairs
1149	or the secretary's designee.
1150	(e)  The executive director of the Department of Highway
1151	Safety and Motor Vehicles or the director's designee.
1152	(f)  The commissioner of the Department of Agriculture and
1153	Consumer Services or the commissioner's designee.
1154
1155	The commission members representing the departments of Community
1156	Affairs, Highway Safety and Motor Vehicles, and Agriculture and
1157	Consumer Services shall serve as ex officio, nonvoting members
1158	of the study commission.
1159	(2)  The study commission shall review the programs
1160	regulating manufactured and mobile homes which are currently
1161	located at the Department of Highway Safety and Motor Vehicles
1162	and must include a review of the following programs and
1163	activities:
1164	(a)  The federal construction and inspection programs.
1165	(b)  The installation program, including the regulation and
1166	inspection functions.
1167	(c)  The Mobile Home and RV Protection Trust Fund.
1168	(d)  The licensing of manufacturers, retailers, and
1169	installers of manufactured and mobile homes.
1170	(e)  The titling of manufactured and mobile homes.
1171	(f)  Dispute resolution.
1172
1173	During the course of the study, the study commission must review
1174	the sources funding the programs to determine if the
1175	manufactured and mobile home programs are or can be self-
1176	sustaining.  The study commission shall also consider the impact
1177	that changes in regulation may have on the industry and its
1178	consumers.
1179	(3)  The study commission shall be administratively
1180	supported by the staff of the transportation committees of the
1181	Senate and the House of Representatives.
1182	(4)(a)  The study commission must hold its initial meeting
1183	no later than August 15, 2005, in Tallahassee. Staff to the
1184	commission shall schedule and organize the initial meeting.
1185	Subsequent meetings of the study commission must be held in
1186	Tallahassee according to a schedule developed by the chair.
1187	(b)  At the initial meeting, the study commission shall
1188	elect a chair from one of the elected official members.
1189	(5)  The study commission must submit a final report
1190	setting forth its findings and recommendations to the Governor,
1191	the President of the Senate, and the Speaker of the House of
1192	Representatives on or before January 1, 2006.
1193	(6)  Members of the study commission shall serve without
1194	compensation, but are entitled to be reimbursed for per diem and
1195	travel expenses under section 112.061, Florida Statutes.
1196	(7)  The study commission terminates after submitting its
1197	final report but not later than February 15, 2006.
1198	Section 22.  Subsection (3) of section 322.27, Florida
1199	Statutes, is amended to read:
1200	322.27  Authority of department to suspend or revoke
1201	license.--
1202	(3)  There is established a point system for evaluation of
1203	convictions of violations of motor vehicle laws or ordinances,
1204	and violations of applicable provisions of s. 403.413(6)(b) when
1205	such violations involve the use of motor vehicles, for the
1206	determination of the continuing qualification of any person to
1207	operate a motor vehicle. The department is authorized to suspend
1208	the license of any person upon showing of its records or other
1209	good and sufficient evidence that the licensee has been
1210	convicted of violation of motor vehicle laws or ordinances, or
1211	applicable provisions of s. 403.413(6)(b), amounting to 12 or
1212	more points as determined by the point system. The suspension
1213	shall be for a period of not more than 1 year.
1214	(a)  When a licensee accumulates 12 points within a 12-
1215	month period, the period of suspension shall be for not more
1216	than 30 days.
1217	(b)  When a licensee accumulates 18 points, including
1218	points upon which suspension action is taken under paragraph
1219	(a), within an 18-month period, the suspension shall be for a
1220	period of not more than 3 months.
1221	(c)  When a licensee accumulates 24 points, including
1222	points upon which suspension action is taken under paragraphs
1223	(a) and (b), within a 36-month period, the suspension shall be
1224	for a period of not more than 1 year.
1225	(d)  The point system shall have as its basic element a
1226	graduated scale of points assigning relative values to
1227	convictions of the following violations:
1228	1.  Reckless driving, willful and wanton--4 points.
1229	2.  Leaving the scene of a crash resulting in property
1230	damage of more than $50--6 points.
1231	3.  Unlawful speed resulting in a crash--6 points.
1232	4.  Passing a stopped school bus--4 points.
1233	5.  Unlawful speed:
1234	a.  Not in excess of 15 miles per hour of lawful or posted
1235	speed--3 points.
1236	b.  In excess of 15 miles per hour of lawful or posted
1237	speed--4 points.
1238	6.  All other moving violations (including parking on a
1239	highway outside the limits of a municipality)--3 points.
1240	However, no points shall be imposed for a violation of s.
1241	316.0741 or s. 316.2065(12).
1242	7.  Any moving violation covered above, excluding unlawful
1243	speed, resulting in a crash--4 points.
1244	8.  Any conviction under s. 403.413(6)(b) s. 403.413(5)(b)-
1245	-3 points.
1246	(e)  A conviction in another state of a violation therein
1247	which, if committed in this state, would be a violation of the
1248	traffic laws of this state, or a conviction of an offense under
1249	any federal law substantially conforming to the traffic laws of
1250	this state, except a violation of s. 322.26, may be recorded
1251	against a driver on the basis of the same number of points
1252	received had the conviction been made in a court of this state.
1253	(f)  In computing the total number of points, when the
1254	licensee reaches the danger zone, the department is authorized
1255	to send the licensee a warning letter advising that any further
1256	convictions may result in suspension of his or her driving
1257	privilege.
1258	(g)  The department shall administer and enforce the
1259	provisions of this law and may make rules and regulations
1260	necessary for its administration.
1261	(h)  Three points shall be deducted from the driver history
1262	record of any person whose driving privilege has been suspended
1263	only once pursuant to this subsection and has been reinstated,
1264	if such person has complied with all other requirements of this
1265	chapter.
1266	(i)  This subsection shall not apply to persons operating a
1267	nonmotorized vehicle for which a driver's license is not
1268	required.
1269	Section 23.  Subsections (1), (2), (3), (7), (8), and (10)
1270	of section 322.61, Florida Statutes, are amended to read:
1271	322.61  Disqualification from operating a commercial motor
1272	vehicle.--
1273	(1)  A person who, for offenses occurring within a 3-year
1274	period, is convicted of two of the following serious traffic
1275	violations or any combination thereof, arising in separate
1276	incidents committed in a commercial motor vehicle shall, in
1277	addition to any other applicable penalties, be disqualified from
1278	operating a commercial motor vehicle for a period of 60 days. A
1279	person who, for offenses occurring within a 3-year period, is
1280	convicted of two of the following serious traffic violations, or
1281	any combination thereof, arising in separate incidents committed
1282	in a noncommercial motor vehicle shall, in addition to any other
1283	applicable penalties, be disqualified from operating a
1284	commercial motor vehicle for a period of 60 days if such
1285	convictions result in the suspension, revocation, or
1286	cancellation of the licenseholder's driving privilege:
1287	(a)  A violation of any state or local law relating to
1288	motor vehicle traffic control, other than a parking violation, a
1289	weight violation, or a vehicle equipment violation, arising in
1290	connection with a crash resulting in death or personal injury to
1291	any person;
1292	(b)  Reckless driving, as defined in s. 316.192;
1293	(c)  Careless driving, as defined in s. 316.1925;
1294	(d)  Fleeing or attempting to elude a law enforcement
1295	officer, as defined in s. 316.1935;
1296	(e)  Unlawful speed of 15 miles per hour or more above the
1297	posted speed limit;
1298	(f)  Driving a commercial motor vehicle, owned by such
1299	person, which is not properly insured;
1300	(g)  Improper lane change, as defined in s. 316.085; or
1301	(h)  Following too closely, as defined in s. 316.0895;.
1302	(i)  Driving a commercial vehicle without obtaining a
1303	commercial driver's license;
1304	(j)  Driving a commercial vehicle without the proper class
1305	of commercial driver's license or without the proper
1306	endorsement; or
1307	(k)  Driving a commercial vehicle without a commercial
1308	driver's license in possession, as required by s. 322.03. Any
1309	individual who provides proof to the clerk of the court or
1310	designated official in the jurisdiction where the citation was
1311	issued, by the date the individual must appear in court or pay
1312	any fine for such a violation, that the individual held a valid
1313	commercial driver's license on the date the citation was issued
1314	is not guilty of this offense.
1315	(2)(a)  Any person who, for offenses occurring within a 3-
1316	year period, is convicted of three serious traffic violations
1317	specified in subsection (1) or any combination thereof, arising
1318	in separate incidents committed in a commercial motor vehicle
1319	shall, in addition to any other applicable penalties, including
1320	but not limited to the penalty provided in subsection (1), be
1321	disqualified from operating a commercial motor vehicle for a
1322	period of 120 days.
1323	(b)  A person who, for offenses occurring within a 3-year
1324	period, is convicted of three serious traffic violations
1325	specified in subsection (1) or any combination thereof arising
1326	in separate incidents committed in a noncommercial motor vehicle
1327	shall, in addition to any other applicable penalties, including,
1328	but not limited to, the penalty provided in subsection (1), be
1329	disqualified from operating a commercial motor vehicle for a
1330	period of 120 days if such convictions result in the suspension,
1331	revocation, or cancellation of the licenseholder's driving
1332	privilege.
1333	(3)  Except as provided in subsection (4), any person who
1334	is convicted of one of the following offenses shall, in addition
1335	to any other applicable penalties, be disqualified from
1336	operating a commercial motor vehicle for a period of 1 year:
1337	(a)  Driving a commercial motor vehicle while he or she is
1338	under the influence of alcohol or a controlled substance;
1339	(b)  Driving a commercial motor vehicle while the alcohol
1340	concentration of his or her blood, breath, or urine is .04
1341	percent or higher;
1342	(c)  Leaving the scene of a crash involving a commercial
1343	motor vehicle driven by such person;
1344	(d)  Using a commercial motor vehicle in the commission of
1345	a felony;
1346	(e)  Driving a commercial motor vehicle while in possession
1347	of a controlled substance; or
1348	(f)  Refusing to submit to a test to determine his or her
1349	alcohol concentration while driving a commercial motor vehicle;.
1350	(g)  Driving a commercial vehicle while the licenseholder's
1351	commercial driver's license is suspended, revoked, or canceled
1352	or while the licenseholder is disqualified from driving a
1353	commercial vehicle; or
1354	(h)  Causing a fatality through the negligent operation of
1355	a commercial motor vehicle.
1356	(7)  A person whose privilege to operate a commercial motor
1357	vehicle is disqualified under this section may, if otherwise
1358	qualified, be issued a Class D or Class E driver's license,
1359	pursuant to s. 322.251.
1360	(8)  A driver who is convicted of or otherwise found to
1361	have committed a violation of an out-of-service order while
1362	driving a commercial motor vehicle is disqualified as follows:
1363	(a)  Not less than 90 days nor more than 1 year if the
1364	driver is convicted of or otherwise found to have committed a
1365	first violation of an out-of-service order.
1366	(b)  Not less than 1 year nor more than 5 years if, for
1367	offenses occurring during any 10-year period, the driver is
1368	convicted of or otherwise found to have committed two violations
1369	of out-of-service orders in separate incidents.
1370	(c)  Not less than 3 years nor more than 5 years if, for
1371	offenses occurring during any 10-year period, the driver is
1372	convicted of or otherwise found to have committed three or more
1373	violations of out-of-service orders in separate incidents.
1374	(d)  Not less than 180 days nor more than 2 years if the
1375	driver is convicted of or otherwise found to have committed a
1376	first violation of an out-of-service order while transporting
1377	hazardous materials required to be placarded under the Hazardous
1378	Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
1379	while operating motor vehicles designed to transport more than
1380	15 passengers, including the driver. A driver is disqualified
1381	for a period of not less than 3 years nor more than 5 years if,
1382	for offenses occurring during any 10-year period, the driver is
1383	convicted of or otherwise found to have committed any subsequent
1384	violations of out-of-service orders, in separate incidents,
1385	while transporting hazardous materials required to be placarded
1386	under the Hazardous Materials Transportation Act 49 U.S.C. ss.
1387	5101 et seq., or while operating motor vehicles designed to
1388	transport more than 15 passengers, including the driver.
1389	(10)(a)  A driver must be disqualified for not less than 60
1390	days if the driver is convicted of or otherwise found to have
1391	committed a first violation of a railroad-highway grade crossing
1392	violation.
1393	(b)  A driver must be disqualified for not less than 120
1394	days if, for offenses occurring during any 3-year period, the
1395	driver is convicted of or otherwise found to have committed a
1396	second railroad-highway grade crossing violation in separate
1397	incidents.
1398	(c)  A driver must be disqualified for not less than 1 year
1399	if, for offenses occurring during any 3-year period, the driver
1400	is convicted of or otherwise found to have committed a third or
1401	subsequent railroad-highway grade crossing violation in separate
1402	incidents.
1403	Section 24.  Subsection (5) is added to section 321.24, to
1404	read:
1405	321.24  Members of an auxiliary to Florida Highway Patrol.-
1406	-
1407	(5)  Notwithstanding any other law to the contrary, any
1408	volunteer highway patrol troop surgeon appointed by the director
1409	of the Florida Highway Patrol, and any volunteer licensed health
1410	professional appointed by the director of the Florida Highway
1411	Patrol to work under the medical direction of a highway patrol
1412	troop surgeon is considered an employee for purposes of s.
1413	768.28(9).
1414	Section 25.  Section 549.102, Florida Statutes, is created
1415	to read:
1416	549.102  Motorsports entertainment complex; overnight
1417	parking.--Notwithstanding any other law to the contrary, the
1418	owner of a motorsports entertainment complex may allow temporary
1419	overnight parking during a motorsports event and the 2 days
1420	immediately preceding and following such motorsports event
1421	without any other license or permit as long as the area where
1422	such temporary overnight parking is allowed meets applicable
1423	health department requirements other than site requirements. The
1424	Department of Health, or any other health agency in the state,
1425	shall not regard such temporary overnight parking as a
1426	"recreational vehicle park" as described in chapter 513 and the
1427	administrative code adopted under that chapter.
1428	Section 26.  Subsection (6) of section 261.03, Florida
1429	Statutes, is amended and subsection (11) is added to that
1430	section, to read:
1431	261.03  Definitions.--As used in this chapter, the term:
1432	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
1433	OHM that is used off the roads or highways of this state for
1434	recreational purposes and that is not registered and licensed
1435	for highway use under chapter 320.
1436	(11)  "Two-rider ATV" means any ATV that is specifically
1437	designed by the manufacturer for a single operator and one
1438	passenger.
1439	Section 27.  Subsection (84) is added to section 316.003,
1440	Florida Statutes, to read:
1441	316.003  Definitions.--The following words and phrases,
1442	when used in this chapter, shall have the meanings respectively
1443	ascribed to them in this section, except where the context
1444	otherwise requires:
1445	(84)  TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or
1446	device with the capability of activating a control mechanism
1447	mounted on or near traffic signals which alters a traffic
1448	signal's timing cycle.
1449	Section 28.  Section 316.0775, Florida Statutes, is amended
1450	to read:
1451	316.0775  Interference with official traffic control
1452	devices or railroad signs or signals.--
1453	(1)  A No person may not shall, without lawful authority,
1454	attempt to or in fact alter, deface, injure, knock down, or
1455	remove any official traffic control device or any railroad sign
1456	or signal or any inscription, shield, or insignia thereon, or
1457	any other part thereof. A violation of this subsection section
1458	is a criminal violation pursuant to s. 318.17 and shall be
1459	punishable as set forth in s. 806.13 related to criminal
1460	mischief and graffiti, beginning on or after July 1, 2000.
1461	(2)  A person may not, without lawful authority, possess or
1462	use any traffic signal preemption device as defined under s.
1463	316.003. A person who violates this subsection commits a moving
1464	violation, punishable as provided in chapter 318 and shall have
1465	4 points assessed against his or her driver's license as set
1466	forth in s. 322.27.
1467	Section 29.  Section 316.122, Florida Statutes, is amended
1468	to read:
1469	316.122  Vehicle turning left.--The driver of a vehicle
1470	intending to turn to the left within an intersection or into an
1471	alley, private road, or driveway shall yield the right-of-way to
1472	any vehicle approaching from the opposite direction, or vehicles
1473	lawfully passing on the left of the turning vehicle, which is
1474	within the intersection or so close thereto as to constitute an
1475	immediate hazard. A violation of this section is a noncriminal
1476	traffic infraction, punishable as a moving violation as provided
1477	in chapter 318.
1478	Section 30.  Section 316.1576, Florida Statutes, is created
1479	to read:
1480	316.1576  Insufficient clearance at a railroad-highway
1481	grade crossing.--
1482	(1)  A person may not drive any vehicle through a railroad-
1483	highway grade crossing that does not have sufficient space to
1484	drive completely through the crossing without stopping.
1485	(2)  A person may not drive any vehicle through a railroad-
1486	highway grade crossing that does not have sufficient
1487	undercarriage clearance to drive completely through the crossing
1488	without stopping.
1489	(3)  A violation of this section is a noncriminal traffic
1490	infraction, punishable as a moving violation as provided in
1491	chapter 318.
1492	Section 31.  Section 316.1577, Florida Statutes, is created
1493	to read:
1494	316.1577  Employer responsibility for violations pertaining
1495	to railroad-highway grade crossings.--
1496	(1)  An employer may not knowingly allow, require, permit,
1497	or authorize a driver to operate a commercial motor vehicle in
1498	violation of a federal, state, or local law or rule pertaining
1499	to railroad-highway grade crossings.
1500	(2)  A person who violates subsection (1) is subject to a
1501	civil penalty of not more than $10,000.
1502	Section 32.  Subsection (2) of section 316.183, Florida
1503	Statutes, is amended to read:
1504	316.183  Unlawful speed.--
1505	(2)  On all streets or highways, the maximum speed limits
1506	for all vehicles must be 30 miles per hour in business or
1507	residence districts, and 55 miles per hour at any time at all
1508	other locations. However, with respect to a residence district,
1509	a county or municipality may set a maximum speed limit of 20 or
1510	25 miles per hour on local streets and highways after an
1511	investigation determines that such a limit is reasonable.  It is
1512	not necessary to conduct a separate investigation for each
1513	residence district. The minimum speed limit on all highways that
1514	comprise a part of the National System of Interstate and Defense
1515	Highways and have not fewer than four lanes is 40 miles per
1516	hour, except that when the posted speed limit is 70 miles per
1517	hour, the minimum speed limit is 50 miles per hour.
1518	Section 33.  Paragraph (e) of subsection (1) of section
1519	316.1932, Florida Statutes, is amended to read:
1520	316.1932  Tests for alcohol, chemical substances, or
1521	controlled substances; implied consent; refusal.--
1522	(1)
1523	(e)1.  By applying for a driver's license and by accepting
1524	and using a driver's license, the person holding the driver's
1525	license is deemed to have expressed his or her consent to the
1526	provisions of this section.
1527	2.  A nonresident or any other person driving in a status
1528	exempt from the requirements of the driver's license law, by his
1529	or her act of driving in such exempt status, is deemed to have
1530	expressed his or her consent to the provisions of this section.
1531	3.  A warning of the consent provision of this section
1532	shall be printed above the signature line on each new or renewed
1533	driver's license.
1534	Section 34.  Subsection (5) of section 316.1936, Florida
1535	Statutes, is amended to read:
1536	316.1936  Possession of open containers of alcoholic
1537	beverages in vehicles prohibited; penalties.--
1538	(5)  This section shall not apply to:
1539	(a)  A passenger of a vehicle in which the driver is
1540	operating the vehicle pursuant to a contract to provide
1541	transportation for passengers and such driver holds a valid
1542	commercial driver's license with a passenger endorsement or a
1543	Class D driver's license issued in accordance with the
1544	requirements of chapter 322;
1545	(b)  A passenger of a bus in which the driver holds a valid
1546	commercial driver's license with a passenger endorsement or a
1547	Class D driver's license issued in accordance with the
1548	requirements of chapter 322; or
1549	(c)  A passenger of a self-contained motor home which is in
1550	excess of 21 feet in length.
1551	Section 35.  Paragraphs (a) and (b) of subsection (3) of
1552	section 316.194, Florida Statutes, are amended to read:
1553	316.194  Stopping, standing or parking outside of
1554	municipalities.--
1555	(3)(a)  Whenever any police officer or traffic accident
1556	investigation officer finds a vehicle standing upon a highway in
1557	violation of any of the foregoing provisions of this section,
1558	the officer is authorized to move the vehicle, or require the
1559	driver or other persons in charge of the vehicle to move the
1560	vehicle same, to a position off the paved or main-traveled part
1561	of the highway.
1562	(b)  Officers and traffic accident investigation officers
1563	may are hereby authorized to provide for the removal of any
1564	abandoned vehicle to the nearest garage or other place of
1565	safety, cost of such removal to be a lien against motor vehicle,
1566	when an said abandoned vehicle is found unattended upon a bridge
1567	or causeway or in any tunnel, or on any public highway in the
1568	following instances:
1569	1.  Where such vehicle constitutes an obstruction of
1570	traffic;
1571	2.  Where such vehicle has been parked or stored on the
1572	public right-of-way for a period exceeding 48 hours, in other
1573	than designated parking areas, and is within 30 feet of the
1574	pavement edge; and
1575	3.  Where an operative vehicle has been parked or stored on
1576	the public right-of-way for a period exceeding 10 days, in other
1577	than designated parking areas, and is more than 30 feet from the
1578	pavement edge.  However, the agency removing such vehicle shall
1579	be required to report same to the Department of Highway Safety
1580	and Motor Vehicles within 24 hours of such removal.
1581	Section 36.  Section 316.1967, Florida Statutes, is amended
1582	to read:
1583	316.1967  Liability for payment of parking ticket
1584	violations and other parking violations.--
1585	(1)  The owner of a vehicle is responsible and liable for
1586	payment of any parking ticket violation unless the owner can
1587	furnish evidence, when required by this subsection, that the
1588	vehicle was, at the time of the parking violation, in the care,
1589	custody, or control of another person.  In such instances, the
1590	owner of the vehicle is required, within a reasonable time after
1591	notification of the parking violation, to furnish to the
1592	appropriate law enforcement authorities an affidavit setting
1593	forth the name, address, and driver's license number of the
1594	person who leased, rented, or otherwise had the care, custody,
1595	or control of the vehicle.  The affidavit submitted under this
1596	subsection is admissible in a proceeding charging a parking
1597	ticket violation and raises the rebuttable presumption that the
1598	person identified in the affidavit is responsible for payment of
1599	the parking ticket violation.  The owner of a vehicle is not
1600	responsible for a parking ticket violation if the vehicle
1601	involved was, at the time, stolen or in the care, custody, or
1602	control of some person who did not have permission of the owner
1603	to use the vehicle. The owner of a leased vehicle is not
1604	responsible for a parking ticket violation and is not required
1605	to submit an affidavit or the other evidence specified in this
1606	section, if the vehicle is registered in the name of the person
1607	who leased the vehicle.
1608	(2)  Any person who is issued a county or municipal parking
1609	ticket by a parking enforcement specialist or officer is deemed
1610	to be charged with a noncriminal violation and shall comply with
1611	the directions on the ticket. If payment is not received or a
1612	response to the ticket is not made within the time period
1613	specified thereon, the county court or its traffic violations
1614	bureau shall notify the registered owner of the vehicle that was
1615	cited, or the registered lessee when the cited vehicle is
1616	registered in the name of the person who leased the vehicle, by
1617	mail to the address given on the motor vehicle registration, of
1618	the ticket. Mailing the notice to this address constitutes
1619	notification. Upon notification, the registered owner or
1620	registered lessee shall comply with the court's directive.
1621	(3)  Any person who fails to satisfy the court's directive
1622	waives his or her right to pay the applicable civil penalty.
1623	(4)  Any person who elects to appear before a designated
1624	official to present evidence waives his or her right to pay the
1625	civil penalty provisions of the ticket. The official, after a
1626	hearing, shall make a determination as to whether a parking
1627	violation has been committed and may impose a civil penalty not
1628	to exceed $100 or the fine amount designated by county
1629	ordinance, plus court costs.  Any person who fails to pay the
1630	civil penalty within the time allowed by the court is deemed to
1631	have been convicted of a parking ticket violation, and the court
1632	shall take appropriate measures to enforce collection of the
1633	fine.
1634	(5)  Any provision of subsections (2), (3), and (4) to the
1635	contrary notwithstanding, chapter 318 does not apply to
1636	violations of county parking ordinances and municipal parking
1637	ordinances.
1638	(6)  Any county or municipality may provide by ordinance
1639	that the clerk of the court or the traffic violations bureau
1640	shall supply the department with a magnetically encoded computer
1641	tape reel or cartridge or send by other electronic means data
1642	which is machine readable by the installed computer system at
1643	the department, listing persons who have three or more
1644	outstanding parking violations, including violations of s.
1645	316.1955. Each county shall provide by ordinance that the clerk
1646	of the court or the traffic violations bureau shall supply the
1647	department with a magnetically encoded computer tape reel or
1648	cartridge or send by other electronic means data that is machine
1649	readable by the installed computer system at the department,
1650	listing persons who have any outstanding violations of s.
1651	316.1955 or any similar local ordinance that regulates parking
1652	in spaces designated for use by persons who have disabilities.
1653	The department shall mark the appropriate registration records
1654	of persons who are so reported. Section 320.03(8) applies to
1655	each person whose name appears on the list.
1656	Section 37.  Subsection (2) of section 316.2074, Florida
1657	Statutes, is amended to read:
1658	316.2074  All-terrain vehicles.--
1659	(2)  As used in this section, the term "all-terrain
1660	vehicle" means any motorized off-highway vehicle 50 inches or
1661	less in width, having a dry weight of 900 pounds or less,
1662	designed to travel on three or more low-pressure tires, having a
1663	seat designed to be straddled by the operator and handlebars for
1664	steering control, and intended for use by a single operator with
1665	no passenger. For the purposes of this section, "all-terrain
1666	vehicle" also includes any "two-rider ATV" as defined in s.
1667	317.0003.
1668	Section 38.  Paragraph (b) of subsection (1) of section
1669	316.302, Florida Statutes, is amended to read:
1670	316.302  Commercial motor vehicles; safety regulations;
1671	transporters and shippers of hazardous materials; enforcement.--
1672	(1)
1673	(b)  Except as otherwise provided in this section, all
1674	owners or drivers of commercial motor vehicles that are engaged
1675	in intrastate commerce are subject to the rules and regulations
1676	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
1677	exception of 49 C.F.R. s. 390.5 as it relates to the definition
1678	of bus, as such rules and regulations existed on October 1, 2004
1679	2002.
1680	Section 39.  Subsection (1) of section 316.605, Florida
1681	Statutes, is amended to read:
1682	316.605  Licensing of vehicles.--
1683	(1)  Every vehicle, at all times while driven, stopped, or
1684	parked upon any highways, roads, or streets of this state, shall
1685	be licensed in the name of the owner thereof in accordance with
1686	the laws of this state unless such vehicle is not required by
1687	the laws of this state to be licensed in this state and shall,
1688	except as otherwise provided in s. 320.0706 for front-end
1689	registration license plates on truck tractors, display the
1690	license plate or both of the license plates assigned to it by
1691	the state, one on the rear and, if two, the other on the front
1692	of the vehicle, each to be securely fastened to the vehicle
1693	outside the main body of the vehicle in such manner as to
1694	prevent the plates from swinging, and with all letters,
1695	numerals, printing, writing, and other identification marks upon
1696	the plates regarding the word "Florida," the registration decal,
1697	and the alphanumeric designation shall be clear and distinct and
1698	free from defacement, mutilation, grease, and other obscuring
1699	matter, so that they will be plainly visible and legible at all
1700	times 100 feet from the rear or front. Nothing shall be placed
1701	upon the face of a Florida plate except as permitted by law or
1702	by rule or regulation of a governmental agency.  No license
1703	plates other than those furnished by the state shall be used.
1704	However, if the vehicle is not required to be licensed in this
1705	state, the license plates on such vehicle issued by another
1706	state, by a territory, possession, or district of the United
1707	States, or by a foreign country, substantially complying with
1708	the provisions hereof, shall be considered as complying with
1709	this chapter. A violation of this subsection is a noncriminal
1710	traffic infraction, punishable as a nonmoving violation as
1711	provided in chapter 318.
1712	Section 40.  Subsection (4) of section 316.613, Florida
1713	Statutes, is amended to read:
1714	316.613  Child restraint requirements.--
1715	(4)(a)  It is the legislative intent that all state,
1716	county, and local law enforcement agencies, and safety councils,
1717	in recognition of the problems with child death and injury from
1718	unrestrained occupancy in motor vehicles, conduct a continuing
1719	safety and public awareness campaign as to the magnitude of the
1720	problem.
1721	(b)  The department may authorize the expenditure of funds
1722	for the purchase of promotional items as part of the public
1723	information and education campaigns provided for in this
1724	subsection and ss. 316.614, 322.025, and 403.7145.
1725	Section 41.  Section 316.6131, Florida Statutes, is created
1726	to read:
1727	316.6131  Educational expenditures.--The department may
1728	authorize the expenditure of funds for the purchase of
1729	educational items as part of the public information and
1730	education campaigns promoting highway safety and awareness, as
1731	well as departmental community-based initiatives. Funds may be
1732	expended for, but are not limited to, educational campaigns
1733	provided in this chapter, chapters 320 and 322, and s. 403.7145.
1734	Section 42.  Subsection (9) of section 316.650, Florida
1735	Statutes, is amended to read:
1736	316.650  Traffic citations.--
1737	(9)  Such citations shall not be admissible evidence in any
1738	trial, except when used as evidence of falsification, forgery,
1739	uttering, fraud, or perjury, or when used as physical evidence
1740	resulting from a forensic examination of the citation.
1741	Section 43.  Section 317.0003, Florida Statutes, is
1742	amended, to read:
1743	317.0003  Definitions.--As used in this chapter ss.
1744	317.0001-317.0013, the term:
1745	(1)  "ATV" means any motorized off-highway or all-terrain
1746	vehicle 50 inches or less in width, having a dry weight of 900
1747	pounds or less, designed to travel on three or more low-pressure
1748	tires, having a seat designed to be straddled by the operator
1749	and handlebars for steering control, and intended for use by a
1750	single operator and with no passenger.
1751	(2)  "Dealer" means any person authorized by the Department
1752	of Revenue to buy, sell, resell, or otherwise distribute off-
1753	highway vehicles. Such person must have a valid sales tax
1754	certificate of registration issued by the Department of Revenue
1755	and a valid commercial or occupational license required by any
1756	county, municipality, or political subdivision of the state in
1757	which the person operates.
1758	(3)  "Department" means the Department of Highway Safety
1759	and Motor Vehicles.
1760	(4)  "Florida resident" means a person who has had a
1761	principal place of domicile in this state for a period of more
1762	than 6 consecutive months, who has registered to vote in this
1763	state, who has made a statement of domicile pursuant to s.
1764	222.17, or who has filed for homestead tax exemption on property
1765	in this state.
1766	(5)  "OHM" or "off-highway motorcycle" means any motor
1767	vehicle used off the roads or highways of this state that has a
1768	seat or saddle for the use of the rider and is designed to
1769	travel with not more than two wheels in contact with the ground,
1770	but excludes a tractor or a moped.
1771	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
1772	OHM that is used off the roads or highways of this state for
1773	recreational purposes and that is not registered and licensed
1774	for highway use pursuant to chapter 320.
1775	(7)  "Owner" means a person, other than a lienholder,
1776	having the property in or title to an off-highway vehicle,
1777	including a person entitled to the use or possession of an off-
1778	highway vehicle subject to an interest held by another person,
1779	reserved or created by agreement and securing payment of
1780	performance of an obligation, but the term excludes a lessee
1781	under a lease not intended as security.
1782	(8)  "Public lands" means lands within the state that are
1783	available for public use and that are owned, operated, or
1784	managed by a federal, state, county, or municipal governmental
1785	entity.
1786	(9)  "Two-rider ATV" means any ATV that is specifically
1787	designed by the manufacturer for a single operator and one
1788	passenger.
1789	Section 44.  Subsection (1) of section 317.0004, Florida
1790	Statutes, is amended to read:
1791	317.0004  Administration of off-highway vehicle titling
1792	laws; records.--
1793	(1)  The administration of off-highway vehicle titling laws
1794	in this chapter ss. 317.0001-317.0013 is under the Department of
1795	Highway Safety and Motor Vehicles, which shall provide for the
1796	issuing, handling, and recording of all off-highway vehicle
1797	titling applications and certificates, including the receipt and
1798	accounting of off-highway vehicle titling fees. The provisions
1799	of chapter 319 are applicable to this chapter, unless otherwise
1800	explicitly stated.
1801	Section 45.  Section 317.0005, Florida Statutes, is amended
1802	to read:
1803	317.0005  Rules, forms, and notices.--
1804	(1)  The department may adopt rules pursuant to ss.
1805	120.536(1) and 120.54, which pertain to off-highway vehicle
1806	titling, in order to implement the provisions of this chapter
1807	ss. 317.0001-317.0013 conferring duties upon it.
1808	(2)  The department shall prescribe and provide suitable
1809	forms for applications and other notices and forms necessary to
1810	administer the provisions of this chapter ss. 317.0001-317.0013.
1811	Section 46.  Subsection (1) of section 317.0006, Florida
1812	Statutes, is amended to read:
1813	317.0006  Certificate of title required.--
1814	(1)  Any off-highway vehicle that is purchased by a
1815	resident of this state after the effective date of this act or
1816	that is owned by a resident and is operated on the public lands
1817	of this state must be titled pursuant to this chapter ss.
1818	317.0001-317.0013.
1819	Section 47.  Subsection (6) is added to section 317.0007,
1820	Florida Statutes, to read:
1821	317.0007  Application for and issuance of certificate of
1822	title.--
1823	(6)  In addition to a certificate of title, the department
1824	may issue a validation sticker to be placed on the off-highway
1825	vehicle as proof of the issuance of title required pursuant to
1826	s. 317.0006(1). A validation sticker that is lost or destroyed
1827	may, upon application, be replaced by the department or county
1828	tax collector. The department and county tax collector may
1829	charge and deposit the fees established in ss. 320.03(5),
1830	320.031, and 320.04 for all original and replacement decals.
1831	Section 48.  Subsection (2) of section 317.0008, Florida
1832	Statutes, is repealed.
1833	Section 49.  Section 317.0010, Florida Statutes, is amended
1834	to read:
1835	317.0010  Disposition of fees.--The department shall
1836	deposit all funds received under this chapter ss. 317.0001-
1837	317.0013, less administrative costs of $2 per title transaction,
1838	into the Incidental Trust Fund of the Division of Forestry of
1839	the Department of Agriculture and Consumer Services.
1840	Section 50.  Subsection (3) of section 317.0012, Florida
1841	Statutes, is amended to read:
1842	317.0012  Crimes relating to certificates of title;
1843	penalties.--
1844	(3)  It is unlawful to:
1845	(a)  Alter or forge any certificate of title to an off-
1846	highway vehicle or any assignment thereof or any cancellation of
1847	any lien on an off-highway vehicle.
1848	(b)  Retain or use such certificate, assignment, or
1849	cancellation knowing that it has been altered or forged.
1850	(c)  Use a false or fictitious name, give a false or
1851	fictitious address, or make any false statement in any
1852	application or affidavit required by this chapter ss. 317.0001-
1853	317.0013 or in a bill of sale or sworn statement of ownership or
1854	otherwise commit a fraud in any application.
1855	(d)  Knowingly obtain goods, services, credit, or money by
1856	means of an invalid, duplicate, fictitious, forged, counterfeit,
1857	stolen, or unlawfully obtained certificate of title, bill of
1858	sale, or other indicia of ownership of an off-highway vehicle.
1859	(e)  Knowingly obtain goods, services, credit, or money by
1860	means of a certificate of title to an off-highway vehicle which
1861	certificate is required by law to be surrendered to the
1862	department.
1863
1864	Any person who violates this subsection commits a felony of the
1865	third degree, punishable as provided in s. 775.082, s. 775.083,
1866	or s. 775.084. A violation of this subsection with respect to
1867	any off-highway vehicle makes such off-highway vehicle
1868	contraband which may be seized by a law enforcement agency and
1869	forfeited under ss. 932.701-932.704.
1870	Section 51.  Section 317.0013, Florida Statutes, is amended
1871	to read:
1872	317.0013  Nonmoving traffic violations.--Any person who
1873	fails to comply with any provision of this chapter ss. 317.0001-
1874	317.0012 for which a penalty is not otherwise provided commits a
1875	nonmoving traffic violation, punishable as provided in s.
1876	318.18.
1877	Section 52.  Section 317.0014, Florida Statutes, is created
1878	to read:
1879	317.0014  Certificate of title; issuance in duplicate;
1880	delivery; liens and encumbrances.--
1881	(1)  The department shall assign a number to each
1882	certificate of title and shall issue each certificate of title
1883	and each corrected certificate in duplicate. The database record
1884	shall serve as the duplicate title certificate required in this
1885	section. One printed copy may be retained on file by the
1886	department.
1887	(2)  A duly authorized person shall sign the original
1888	certificate of title and each corrected certificate and, if
1889	there are no liens or encumbrances on the off-highway vehicle,
1890	as shown in the records of the department or as shown in the
1891	application, shall deliver the certificate to the applicant or
1892	to another person as directed by the applicant or person, agent,
1893	or attorney submitting the application. If there are one or more
1894	liens or encumbrances on the off-highway vehicle, the
1895	certificate shall be delivered by the department to the first
1896	lienholder as shown by department records or to the owner as
1897	indicated in the notice of lien filed by the first lienholder.
1898	If the notice of lien filed by the first lienholder indicates
1899	that the certificate should be delivered to the first
1900	lienholder, the department shall deliver to the first
1901	lienholder, along with the certificate, a form to be
1902	subsequently used by the lienholder as a satisfaction. If the
1903	notice of lien filed by the first lienholder directs the
1904	certificate of title to be delivered to the owner, then, upon
1905	delivery of the certificate of title by the department to the
1906	owner, the department shall deliver to the first lienholder
1907	confirmation of the receipt of the notice of lien and the date
1908	the certificate of title was issued to the owner at the owner's
1909	address shown on the notice of lien and a form to be
1910	subsequently used by the lienholder as a satisfaction. If the
1911	application for certificate shows the name of a first lienholder
1912	different from the name of the first lienholder as shown by the
1913	records of the department, the certificate may not be issued to
1914	any person until after all parties who appear to hold a lien and
1915	the applicant for the certificate have been notified of the
1916	conflict in writing by the department by certified mail. If the
1917	parties do not amicably resolve the conflict within 10 days
1918	after the date the notice was mailed, the department shall serve
1919	notice in writing by certified mail on all persons appearing to
1920	hold liens on that particular vehicle, including the applicant
1921	for the certificate, to show cause within 15 days following the
1922	date the notice is mailed as to why it should not issue and
1923	deliver the certificate to the person indicated in the notice of
1924	lien filed by the lienholder whose name appears in the
1925	application as the first lienholder without showing any lien or
1926	liens as outstanding other than those appearing in the
1927	application or those that have been filed subsequent to the
1928	filing of the application for the certificate. If, within the
1929	15-day period, any person other than the lienholder shown in the
1930	application or a party filing a subsequent lien, in answer to
1931	the notice to show cause, appears in person or by a
1932	representative, or responds in writing, and files a written
1933	statement under oath that his or her lien on that particular
1934	vehicle is still outstanding, the department may not issue the
1935	certificate to anyone until after the conflict has been settled
1936	by the lien claimants involved or by a court of competent
1937	jurisdiction. If the conflict is not settled amicably within 10
1938	days after the final date for filing an answer to the notice to
1939	show cause, the complaining party shall have 10 days in which to
1940	obtain a ruling, or a stay order, from a court of competent
1941	jurisdiction. If a ruling or stay order is not issued and served
1942	on the department within the 10-day period, it shall issue the
1943	certificate showing no liens except those shown in the
1944	application or thereafter filed to the original applicant if
1945	there are no liens shown in the application and none are
1946	thereafter filed, or to the person indicated in the notice of
1947	lien filed by the lienholder whose name appears in the
1948	application as the first lienholder if there are liens shown in
1949	the application or thereafter filed. A duplicate certificate or
1950	corrected certificate shall show only the lien or liens as shown
1951	in the application and any subsequently filed liens that may be
1952	outstanding.
1953	(3)  Except as provided in subsection (4), the certificate
1954	of title shall be retained by the first lienholder or the owner
1955	as indicated in the notice of lien filed by the first
1956	lienholder. If the first lienholder is in possession of the
1957	certificate, the first lienholder is entitled to retain the
1958	certificate until the first lien is satisfied.
1959	(4)  If the owner of the vehicle, as shown on the title
1960	certificate, desires to place a second or subsequent lien or
1961	encumbrance against the vehicle when the title certificate is in
1962	the possession of the first lienholder, the owner shall send a
1963	written request to the first lienholder by certified mail, and
1964	the first lienholder shall forward the certificate to the
1965	department for endorsement. If the title certificate is in the
1966	possession of the owner, the owner shall forward the certificate
1967	to the department for endorsement. The department shall return
1968	the certificate to either the first lienholder or to the owner,
1969	as indicated in the notice of lien filed by the first
1970	lienholder, after endorsing the second or subsequent lien on the
1971	certificate and on the duplicate. If the first lienholder or
1972	owner fails, neglects, or refuses to forward the certificate of
1973	title to the department within 10 days after the date of the
1974	owner's request, the department, on the written request of the
1975	subsequent lienholder or an assignee of the lien, shall demand
1976	of the first lienholder the return of the certificate for the
1977	notation of the second or subsequent lien or encumbrance.
1978	(5)(a)  Upon satisfaction of any first lien or encumbrance
1979	recorded by the department, the owner of the vehicle, as shown
1980	on the title certificate, or the person satisfying the lien is
1981	entitled to demand and receive from the lienholder a
1982	satisfaction of the lien. If the lienholder, upon satisfaction
1983	of the lien and upon demand, fails or refuses to furnish a
1984	satisfaction of the lien within 30 days after demand, he or she
1985	is liable for all costs, damages, and expenses, including
1986	reasonable attorney's fees, lawfully incurred by the titled
1987	owner or person satisfying the lien in any suit brought in this
1988	state for cancellation of the lien. The lienholder receiving
1989	final payment as defined in s. 674.215 shall mail or otherwise
1990	deliver a lien satisfaction and the certificate of title
1991	indicating the satisfaction within 10 working days after receipt
1992	of final payment or notify the person satisfying the lien that
1993	the title is not available within 10 working days after receipt
1994	of final payment. If the lienholder is unable to provide the
1995	certificate of title and notifies the person of such, the
1996	lienholder shall provide a lien satisfaction and is responsible
1997	for the cost of a duplicate title, including expedited title
1998	charges as provided in s. 317.0016. This paragraph does not
1999	apply to electronic transactions under subsection (8).
2000	(b)  Following satisfaction of a lien, the lienholder shall
2001	enter a satisfaction thereof in the space provided on the face
2002	of the certificate of title. If the certificate of title was
2003	retained by the owner, the owner shall, within 5 days after
2004	satisfaction of the lien, deliver the certificate of title to
2005	the lienholder and the lienholder shall enter a satisfaction
2006	thereof in the space provided on the face of the certificate of
2007	title. If no subsequent liens are shown on the certificate of
2008	title, the certificate shall be delivered by the lienholder to
2009	the person satisfying the lien or encumbrance and an executed
2010	satisfaction on a form provided by the department shall be
2011	forwarded to the department by the lienholder within 10 days
2012	after satisfaction of the lien.
2013	(c)  If the certificate of title shows a subsequent lien
2014	not then being discharged, an executed satisfaction of the first
2015	lien shall be delivered by the lienholder to the person
2016	satisfying the lien and the certificate of title showing
2017	satisfaction of the first lien shall be forwarded by the
2018	lienholder to the department within 10 days after satisfaction
2019	of the lien.
2020	(d)  If, upon receipt of a title certificate showing
2021	satisfaction of the first lien, the department determines from
2022	its records that there are no subsequent liens or encumbrances
2023	upon the vehicle, the department shall forward to the owner, as
2024	shown on the face of the title, a corrected certificate showing
2025	no liens or encumbrances. If there is a subsequent lien not
2026	being discharged, the certificate of title shall be reissued
2027	showing the second or subsequent lienholder as the first
2028	lienholder and shall be delivered to either the new first
2029	lienholder or to the owner as indicated in the notice of lien
2030	filed by the new first lienholder. If the certificate of title
2031	is to be retained by the first lienholder on the reissued
2032	certificate, the first lienholder is entitled to retain the
2033	certificate of title except as provided in subsection (4) until
2034	his or her lien is satisfied. Upon satisfaction of the lien, the
2035	lienholder is subject to the procedures required of a first
2036	lienholder by subsection (4) and this subsection.
2037	(6)  When the original certificate of title cannot be
2038	returned to the department by the lienholder and evidence
2039	satisfactory to the department is produced that all liens or
2040	encumbrances have been satisfied, upon application by the owner
2041	for a duplicate copy of the certificate upon the form prescribed
2042	by the department, accompanied by the fee prescribed in this
2043	chapter, a duplicate copy of the certificate of title, without
2044	statement of liens or encumbrances, shall be issued by the
2045	department and delivered to the owner.
2046	(7)  Any person who fails, within 10 days after receipt of
2047	a demand by the department by certified mail, to return a
2048	certificate of title to the department as required by subsection
2049	(4) or who, upon satisfaction of a lien, fails within 10 days
2050	after receipt of such demand to forward the appropriate document
2051	to the department as required by paragraph (5)(b) or paragraph
2052	(5)(c) commits a misdemeanor of the second degree, punishable as
2053	provided in s. 775.082 or s. 775.083.
2054	(8)  Notwithstanding any requirements in this section or in
2055	s. 319.27 indicating that a lien on a vehicle shall be noted on
2056	the face of the Florida certificate of title, if there are one
2057	or more liens or encumbrances on the off-highway vehicle, the
2058	department may electronically transmit the lien to the first
2059	lienholder and notify the first lienholder of any additional
2060	liens. Subsequent lien satisfactions may be electronically
2061	transmitted to the department and must include the name and
2062	address of the person or entity satisfying the lien. When
2063	electronic transmission of liens and lien satisfactions are
2064	used, the issuance of a certificate of title may be waived until
2065	the last lien is satisfied and a clear certificate of title is
2066	issued to the owner of the vehicle.
2067	(9)  In sending any notice, the department is required to
2068	use only the last known address, as shown by its records.
2069	Section 53.  Section 317.0015, Florida Statutes, is created
2070	to read:
2071	317.0015  Application of law.--Sections 319.235, 319.241,
2072	319.25, 319.27, 319.28, and 319.40 apply to all off-highway
2073	vehicles that are required to be titled under this chapter.
2074	Section 54.  Section 317.0016, Florida Statutes, is created
2075	to read:
2076	317.0016  Expedited service; applications; fees.--The
2077	department shall provide, through its agents and for use by the
2078	public, expedited service on title transfers, title issuances,
2079	duplicate titles, recordation of liens, and certificates of
2080	repossession. A fee of $7 shall be charged for this service,
2081	which is in addition to the fees imposed by ss. 317.0007 and
2082	317.0008, and $3.50 of this fee shall be retained by the
2083	processing agency. All remaining fees shall be deposited in the
2084	Incidental Trust Fund of the Division of Forestry of the
2085	Department of Agriculture and Consumer Services. Application for
2086	expedited service may be made by mail or in person. The
2087	department shall issue each title applied for pursuant to this
2088	section within 5 working days after receipt of the application
2089	except for an application for a duplicate title certificate
2090	covered by s. 317.0008(3), in which case the title must be
2091	issued within 5 working days after compliance with the
2092	department's verification requirements.
2093	Section 55.  Section 317.0017, Florida Statutes, is created
2094	to read:
2095	317.0017  Offenses involving vehicle identification
2096	numbers, applications, certificates, papers; penalty.--
2097	(1)  A person may not:
2098	(a)  Alter or forge any certificate of title to an off-
2099	highway vehicle or any assignment thereof or any cancellation of
2100	any lien on an off-highway vehicle.
2101	(b)  Retain or use such certificate, assignment, or
2102	cancellation knowing that it has been altered or forged.
2103	(c)  Procure or attempt to procure a certificate of title
2104	to an off-highway vehicle, or pass or attempt to pass a
2105	certificate of title or any assignment thereof to an off-highway
2106	vehicle, knowing or having reason to believe that the off-
2107	highway vehicle has been stolen.
2108	(d)  Possess, sell or offer for sale, conceal, or dispose
2109	of in this state an off-highway vehicle, or major component part
2110	thereof, on which any motor number or vehicle identification
2111	number affixed by the manufacturer or by a state agency has been
2112	destroyed, removed, covered, altered, or defaced, with knowledge
2113	of such destruction, removal, covering, alteration, or
2114	defacement, except as provided in s. 319.30(4).
2115	(e)  Use a false or fictitious name, give a false or
2116	fictitious address, or make any false statement in any
2117	application or affidavit required under this chapter or in a
2118	bill of sale or sworn statement of ownership or otherwise commit
2119	a fraud in any application.
2120	(2)  A person may not knowingly obtain goods, services,
2121	credit, or money by means of an invalid, duplicate, fictitious,
2122	forged, counterfeit, stolen, or unlawfully obtained certificate
2123	of title, registration, bill of sale, or other indicia of
2124	ownership of an off-highway vehicle.
2125	(3)  A person may not knowingly obtain goods, services,
2126	credit, or money by means of a certificate of title to an off-
2127	highway vehicle, which certificate is required by law to be
2128	surrendered to the department.
2129	(4)  A person may not knowingly and with intent to defraud
2130	have in his or her possession, sell, offer to sell, counterfeit,
2131	or supply a blank, forged, fictitious, counterfeit, stolen, or
2132	fraudulently or unlawfully obtained certificate of title, bill
2133	of sale, or other indicia of ownership of an off-highway vehicle
2134	or conspire to do any of the foregoing.
2135	(5)  A person, firm, or corporation may not knowingly
2136	possess, manufacture, sell or exchange, offer to sell or
2137	exchange, supply in blank, or give away any counterfeit
2138	manufacturer's or state-assigned identification number plates or
2139	serial plates or any decal used for the purpose of identifying
2140	an off-highway vehicle. An officer, agent, or employee of any
2141	person, firm, or corporation, or any person may not authorize,
2142	direct, aid in exchange, or give away, or conspire to authorize,
2143	direct, aid in exchange, or give away, such counterfeit
2144	manufacturer's or state-assigned identification number plates or
2145	serial plates or any decal. However, this subsection does not
2146	apply to any approved replacement manufacturer's or state-
2147	assigned identification number plates or serial plates or any
2148	decal issued by the department or any state.
2149	(6)  A person who violates any provision of this section
2150	commits a felony of the third degree, punishable as provided in
2151	s. 775.082, s. 775.083, or s. 775.084. Any off-highway vehicle
2152	used in violation of this section constitutes contraband that
2153	may be seized by a law enforcement agency and that is subject to
2154	forfeiture proceedings pursuant to ss. 932.701-932.704. This
2155	section is not exclusive of any other penalties prescribed by
2156	any existing or future laws for the larceny or unauthorized
2157	taking of off-highway vehicles, but is supplementary thereto.
2158	Section 56.  Section 317.0018, Florida Statutes, is created
2159	to read:
2160	317.0018  Transfer without delivery of certificate;
2161	operation or use without certificate; failure to surrender;
2162	other violations.--Except as otherwise provided in this chapter,
2163	any person who:
2164	(1)  Purports to sell or transfer an off-highway vehicle
2165	without delivering to the purchaser or transferee of the vehicle
2166	a certificate of title to the vehicle duly assigned to the
2167	purchaser as provided in this chapter;
2168	(2)  Operates or uses in this state an off-highway vehicle
2169	for which a certificate of title is required without the
2170	certificate having been obtained in accordance with this
2171	chapter, or upon which the certificate of title has been
2172	canceled;
2173	(3)  Fails to surrender a certificate of title upon
2174	cancellation of the certificate by the department and notice
2175	thereof as prescribed in this chapter;
2176	(4)  Fails to surrender the certificate of title to the
2177	department as provided in this chapter in the case of the
2178	destruction, dismantling, or change of an off-highway vehicle in
2179	such respect that it is not the off-highway vehicle described in
2180	the certificate of title; or
2181	(5)  Violates any other provision of this chapter or a
2182	lawful rule adopted pursuant to this chapter;
2183
2184	shall be fined not more than $500 or imprisoned for not more
2185	than 6 months, or both, for each offense, unless otherwise
2186	specified.
2187	Section 57.  Subsections (7), (9), and (10) of section
2188	318.14, Florida Statutes, are amended to read:
2189	318.14  Noncriminal traffic infractions; exception;
2190	procedures.--
2191	(7)(a)  The official having jurisdiction over the
2192	infraction shall certify to the department within 10 days after
2193	payment of the civil penalty that the defendant has admitted to
2194	the infraction.  If the charge results in a hearing, the
2195	official having jurisdiction shall certify to the department the
2196	final disposition within 10 days after of the hearing. All
2197	dispositions returned to the county requiring a correction shall
2198	be resubmitted to the department within 10 days after the
2199	notification of the error.
2200	(b)  If the official having jurisdiction over the traffic
2201	infraction submits the final disposition to the department more
2202	than 180 days after the final hearing or after payment of the
2203	civil penalty, the department may modify any resulting
2204	suspension or revocation action to begin as if the citation were
2205	reported in a timely manner.
2206	(9)  Any person who does not hold a commercial driver's
2207	license and who is cited for an infraction under this section
2208	other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),
2209	s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu
2210	of a court appearance, elect to attend in the location of his or
2211	her choice within this state a basic driver improvement course
2212	approved by the Department of Highway Safety and Motor Vehicles.
2213	In such a case, adjudication must be withheld; points, as
2214	provided by s. 322.27, may not be assessed; and the civil
2215	penalty that is imposed by s. 318.18(3) must be reduced by 18
2216	percent; however, a person may not make an election under this
2217	subsection if the person has made an election under this
2218	subsection in the preceding 12 months. A person may make no more
2219	than five elections under this subsection. The requirement for
2220	community service under s. 318.18(8) is not waived by a plea of
2221	nolo contendere or by the withholding of adjudication of guilt
2222	by a court.
2223	(10)(a)  Any person who does not hold a commercial driver's
2224	license and who is cited for an offense listed under this
2225	subsection may, in lieu of payment of fine or court appearance,
2226	elect to enter a plea of nolo contendere and provide proof of
2227	compliance to the clerk of the court or authorized operator of a
2228	traffic violations bureau. In such case, adjudication shall be
2229	withheld; however, no election shall be made under this
2230	subsection if such person has made an election under this
2231	subsection in the 12 months preceding election hereunder.  No
2232	person may make more than three elections under this subsection.
2233	This subsection applies to the following offenses:
2234	1.  Operating a motor vehicle without a valid driver's
2235	license in violation of the provisions of s. 322.03, s. 322.065,
2236	or s. 322.15(1), or operating a motor vehicle with a license
2237	which has been suspended for failure to appear, failure to pay
2238	civil penalty, or failure to attend a driver improvement course
2239	pursuant to s. 322.291.
2240	2.  Operating a motor vehicle without a valid registration
2241	in violation of s. 320.0605, s. 320.07, or s. 320.131.
2242	3.  Operating a motor vehicle in violation of s. 316.646.
2243	(b)  Any person cited for an offense listed in this
2244	subsection shall present proof of compliance prior to the
2245	scheduled court appearance date. For the purposes of this
2246	subsection, proof of compliance shall consist of a valid,
2247	renewed, or reinstated driver's license or registration
2248	certificate and proper proof of maintenance of security as
2249	required by s. 316.646. Notwithstanding waiver of fine, any
2250	person establishing proof of compliance shall be assessed court
2251	costs of $22, except that a person charged with violation of s.
2252	316.646(1)-(3) may be assessed court costs of $7. One dollar of
2253	such costs shall be remitted to the Department of Revenue for
2254	deposit into the Child Welfare Training Trust Fund of the
2255	Department of Children and Family Services. One dollar of such
2256	costs shall be distributed to the Department of Juvenile Justice
2257	for deposit into the Juvenile Justice Training Trust Fund.
2258	Twelve dollars of such costs shall be distributed to the
2259	municipality and $8 shall be deposited by the clerk of the court
2260	into the fine and forfeiture fund established pursuant to s.
2261	142.01, if the offense was committed within the municipality. If
2262	the offense was committed in an unincorporated area of a county
2263	or if the citation was for a violation of s. 316.646(1)-(3), the
2264	entire amount shall be deposited by the clerk of the court into
2265	the fine and forfeiture fund established pursuant to s. 142.01,
2266	except for the moneys to be deposited into the Child Welfare
2267	Training Trust Fund and the Juvenile Justice Training Trust
2268	Fund. This subsection shall not be construed to authorize the
2269	operation of a vehicle without a valid driver's license, without
2270	a valid vehicle tag and registration, or without the maintenance
2271	of required security.
2272	Section 58.  Subsection (6) of section 319.23, Florida
2273	Statutes, is amended to read:
2274	319.23  Application for, and issuance of, certificate of
2275	title.--
2276	(6)  In the case of the sale of a motor vehicle or mobile
2277	home by a licensed dealer to a general purchaser, the
2278	certificate of title shall be obtained in the name of the
2279	purchaser by the dealer upon application signed by the
2280	purchaser, and in each other case such certificate shall be
2281	obtained by the purchaser.  In each case of transfer of a motor
2282	vehicle or mobile home, the application for certificate of
2283	title, or corrected certificate, or assignment or reassignment,
2284	shall be filed within 30 days from the delivery of such motor
2285	vehicle or mobile home to the purchaser.  An applicant shall be
2286	required to pay a fee of $10, in addition to all other fees and
2287	penalties required by law, for failing to file such application
2288	within the specified time.  When a licensed dealer acquires a
2289	motor vehicle or mobile home as a trade-in, the dealer must file
2290	with the department, within 30 days, a notice of sale signed by
2291	the seller. The department shall update its database for that
2292	title record to indicate "sold." A licensed dealer need not
2293	apply for a certificate of title for any motor vehicle or mobile
2294	home in stock acquired for stock purposes except as provided in
2295	s. 319.225.
2296	Section 59.  Subsections (2) and (3) of section 319.27,
2297	Florida Statutes, are amended to read:
2298	319.27  Notice of lien on motor vehicles or mobile homes;
2299	notation on certificate; recording of lien.--
2300	(2)  No lien for purchase money or as security for a debt
2301	in the form of a security agreement, retain title contract,
2302	conditional bill of sale, chattel mortgage, or other similar
2303	instrument or any other nonpossessory lien, including a lien for
2304	child support, upon a motor vehicle or mobile home upon which a
2305	Florida certificate of title has been issued shall be
2306	enforceable in any of the courts of this state against creditors
2307	or subsequent purchasers for a valuable consideration and
2308	without notice, unless a sworn notice of such lien has been
2309	filed in the department and such lien has been noted upon the
2310	certificate of title of the motor vehicle or mobile home. Such
2311	notice shall be effective as constructive notice when filed. No
2312	interest of a statutory nonpossessory lienor; the interest of a
2313	nonpossessory execution, attachment, or equitable lienor; or the
2314	interest of a lien creditor as defined in s. 679.1021(1)(zz) s.
2315	679.301(3), if nonpossessory, shall be enforceable against
2316	creditors or subsequent purchasers for a valuable consideration
2317	unless such interest becomes a possessory lien or is noted upon
2318	the certificate of title for the subject motor vehicle or mobile
2319	home prior to the occurrence of the subsequent transaction.
2320	Provided the provisions of this subsection relating to a
2321	nonpossessory statutory lienor; a nonpossessory execution,
2322	attachment, or equitable lienor; or the interest of a lien
2323	creditor as defined in s. 679.1021(1)(zz) s. 679.301(3) shall
2324	not apply to liens validly perfected prior to October 1, 1988.
2325	The notice of lien shall provide the following information:
2326	(a)  The date of the lien if a security agreement, retain
2327	title contract, conditional bill of sale, chattel mortgage, or
2328	other similar instrument was executed prior to the filing of the
2329	notice of lien;
2330	(b)  The name and address of the registered owner;
2331	(c)  A description of the motor vehicle or mobile home,
2332	showing the make, type, and vehicle identification number; and
2333	(d)  The name and address of the lienholder.
2334	(3)(a)  A person may file a notice of lien with regard to a
2335	motor vehicle or mobile home before a security agreement, retain
2336	title contract, conditional bill of sale, chattel mortgage, or
2337	other similar instrument is executed granting a lien, mortgage,
2338	or encumbrance on, or a security interest in, such motor vehicle
2339	or mobile home.
2340	(b)  As applied to a determination of the respective rights
2341	of a secured party under this chapter and a lien creditor as
2342	defined by s. 679.1021(1)(zz) s. 679.301(3), or a nonpossessory
2343	statutory lienor, a security interest under this chapter shall
2344	be perfected upon the filing of the notice of lien with the
2345	department, the county tax collector, or their agents. Provided,
2346	however, the date of perfection of a security interest of such
2347	secured party shall be the same date as the execution of the
2348	security agreement or other similar instrument if the notice of
2349	lien is filed in accordance with this subsection within 15 days
2350	after the debtor receives possession of the motor vehicle or
2351	mobile home and executes such security agreement or other
2352	similar instrument. The date of filing of the notice of lien
2353	shall be the date of its receipt by the department central
2354	office in Tallahassee, if first filed there, or otherwise by the
2355	office of the county tax collector, or their agents.
2356	Section 60.  Paragraph (b) of subsection (1) of section
2357	320.06, Florida Statutes, is amended to read:
2358	320.06  Registration certificates, license plates, and
2359	validation stickers generally.--
2360	(1)
2361	(b)  Registration license plates bearing a graphic symbol
2362	and the alphanumeric system of identification shall be issued
2363	for a 5-year period. At the end of said 5-year period, upon
2364	renewal, the plate shall be replaced. The fee for such
2365	replacement shall be $10, $2 of which shall be paid each year
2366	before the plate is replaced, to be credited towards the next
2367	$10 replacement fee. The fees shall be deposited into the
2368	Highway Safety Operating Trust Fund. A credit or refund shall
2369	not be given for any prior years' payments of such prorated
2370	replacement fee when the plate is replaced or surrendered before
2371	the end of the 5-year period, except that a credit may be given
2372	when a registrant is required by the department to replace a
2373	license plate under s. 320.08056(8)(a). With each license plate,
2374	there shall be issued a validation sticker showing the owner's
2375	birth month, license plate number, and the year of expiration or
2376	the appropriate renewal period if the owner is not a natural
2377	person. The validation sticker is to be placed on the upper
2378	right corner of the license plate. Such license plate and
2379	validation sticker shall be issued based on the applicant's
2380	appropriate renewal period. The registration period shall be a
2381	period of 12 months, and all expirations shall occur based on
2382	the applicant's appropriate registration period. A vehicle with
2383	an apportioned registration shall be issued an annual license
2384	plate and a cab card that denote the declared gross vehicle
2385	weight for each apportioned jurisdiction in which the vehicle is
2386	authorized to operate.
2387	Section 61.  Section 320.0601, Florida Statutes, is amended
2388	to read:
2389	320.0601  Lease and rental car companies; identification of
2390	vehicles as for-hire.--
2391	(1)  A rental car company may not rent in this state any
2392	for-hire vehicle, other than vehicles designed to transport
2393	cargo, that has affixed to its exterior any bumper stickers,
2394	insignias, or advertising that identifies the vehicle as a
2395	rental vehicle.
2396	(2)  As used in this section, the term:
2397	(a)  "Bumper stickers, insignias, or advertising" does not
2398	include:
2399	1.  Any emblem of no more than two colors which is less
2400	than 2 inches by 4 inches, which is placed on the rental car for
2401	inventory purposes only, and which does not display the name or
2402	logo of the rental car company; or
2403	2.  Any license required by the law of the state in which
2404	the vehicle is registered.
2405	(b)  "Rent in this state" means to sign a rental contract
2406	in this state or to deliver a car to a renter in this state.
2407	(3)  A rental car company that leases a motor vehicle that
2408	is found to be in violation of this section shall be punished by
2409	a fine of $500 per occurrence.
2410	(4)  Any registration or renewal as required under s.
2411	320.02 for an original or transfer of a long-term leased motor
2412	vehicle must be in the name and address of the lessee.
2413	Section 62.  Section 320.0605, Florida Statutes, is amended
2414	to read:
2415	320.0605  Certificate of registration; possession required;
2416	exception.--The registration certificate or an official copy
2417	thereof, a true copy of a rental or lease agreement issued for a
2418	motor vehicle or issued for a replacement vehicle in the same
2419	registration period, a temporary receipt printed upon self-
2420	initiated electronic renewal of a registration via the Internet,
2421	or a cab card issued for a vehicle registered under the
2422	International Registration Plan shall, at all times while the
2423	vehicle is being used or operated on the roads of this state, be
2424	in the possession of the operator thereof or be carried in the
2425	vehicle for which issued and shall be exhibited upon demand of
2426	any authorized law enforcement officer or any agent of the
2427	department, except for a vehicle registered under s. 320.0657.
2428	The provisions of this section do not apply during the first 30
2429	days after purchase of a replacement vehicle. A violation of
2430	this section is a noncriminal traffic infraction, punishable as
2431	a nonmoving violation as provided in chapter 318.
2432	Section 63.  Section 320.0843, Florida Statutes, is amended
2433	to read:
2434	320.0843  License plates for persons with disabilities
2435	eligible for permanent disabled parking permits.--
2436	(1)  Any owner or lessee of a motor vehicle who resides in
2437	this state and qualifies for a disabled parking permit under s.
2438	320.0848(2), upon application to the department and payment of
2439	the license tax for a motor vehicle registered under s.
2440	320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
2441	(9)(c) or (d), shall be issued a license plate as provided by s.
2442	320.06 which, in lieu of the serial number prescribed by s.
2443	320.06, shall be stamped with the international wheelchair user
2444	symbol after the serial number of the license plate.  The
2445	license plate entitles the person to all privileges afforded by
2446	a parking permit issued under s. 320.0848. When more that one
2447	registrant is listed on the registration issued under this
2448	section, the eligible applicant shall be noted on the
2449	registration certificate.
2450	(2)  All applications for such license plates must be made
2451	to the department.
2452	Section 64.  Subsection (8) is added to section 320.131,
2453	Florida Statutes, to read:
2454	320.131  Temporary tags.--
2455	(8)  The department may administer an electronic system for
2456	licensed motor vehicle dealers to use in issuing temporary
2457	license plates. Upon issuing a temporary license plate, the
2458	dealer shall access the electronic system and enter the
2459	appropriate vehicle and owner information within the timeframe
2460	specified by department rule. If a dealer fails to comply with
2461	the department's requirements for issuing temporary license
2462	plates using the electronic system, the department may deny,
2463	suspend, or revoke a license under s. 320.27(9)(b)16. upon proof
2464	that the licensee has failed to comply with the department's
2465	requirements. The department may adopt rules to administer this
2466	section.
2467	Section 65.  Subsection (1) of section 320.18, Florida
2468	Statutes, is amended to read:
2469	320.18  Withholding registration.--
2470	(1)  The department may withhold the registration of any
2471	motor vehicle or mobile home the owner of which has failed to
2472	register it under the provisions of law for any previous period
2473	or periods for which it appears registration should have been
2474	made in this state, until the tax for such period or periods is
2475	paid. The department may cancel any vehicle  or vessel
2476	registration, driver's license, identification card, license
2477	plate or fuel-use tax decal if the owner pays for the vehicle or
2478	vessel registration, driver's license, identification card, or
2479	license plate, fuel-use tax decal; pays any administrative,
2480	delinquency, or reinstatement fee;, or pays any tax liability,
2481	penalty, or interest specified in chapter 207 by a dishonored
2482	check, or if the vehicle owner or motor carrier has failed to
2483	pay a penalty for a weight or safety violation issued by the
2484	Department of Transportation Motor Carrier Compliance Office.
2485	The Department of Transportation and the Department of Highway
2486	Safety and Motor Vehicles may impound any commercial motor
2487	vehicle that has a canceled license plate or fuel-use tax decal
2488	until the tax liability, penalty, and interest specified in
2489	chapter 207, the license tax, or the fuel-use decal fee, and
2490	applicable administrative fees have been paid for by certified
2491	funds.
2492	Section 66.  Paragraph (a) of subsection (4), subsection
2493	(6), and paragraph (b) of subsection (9) of section 320.27,
2494	Florida Statutes, are amended to read:
2495	320.27  Motor vehicle dealers.--
2496	(4)  LICENSE CERTIFICATE.--
2497	(a)  A license certificate shall be issued by the
2498	department in accordance with such application when the
2499	application is regular in form and in compliance with the
2500	provisions of this section.  The license certificate may be in
2501	the form of a document or a computerized card as determined by
2502	the department.  The actual cost of each original, additional,
2503	or replacement computerized card shall be borne by the licensee
2504	and is in addition to the fee for licensure. Such license, when
2505	so issued, entitles the licensee to carry on and conduct the
2506	business of a motor vehicle dealer.  Each license issued to a
2507	franchise motor vehicle dealer expires annually on December 31
2508	unless revoked or suspended prior to that date.  Each license
2509	issued to an independent or wholesale dealer or auction expires
2510	annually on April 30 unless revoked or suspended prior to that
2511	date. Not less than 60 days prior to the license expiration
2512	date, the department shall deliver or mail to each licensee the
2513	necessary renewal forms. Each independent dealer shall certify
2514	that the dealer principal (owner, partner, officer of the
2515	corporation, or director) has completed 8 hours of continuing
2516	education prior to filing the renewal forms with the department.
2517	Such certification shall be filed once every 2 years commencing
2518	with the 2006 renewal period. The continuing education shall
2519	include at least 2 hours of legal or legislative issues, 1 hour
2520	of department issues, and 5 hours of relevant motor vehicle
2521	industry topics. Continuing education shall be provided by
2522	dealer schools licensed under paragraph (b) either in a
2523	classroom setting or by correspondence. Such schools shall
2524	provide certificates of completion to the department and the
2525	customer which shall be filed with the license renewal form, and
2526	such schools may charge a fee for providing continuing
2527	education. Any licensee who does not file his or her application
2528	and fees and any other requisite documents, as required by law,
2529	with the department at least 30 days prior to the license
2530	expiration date shall cease to engage in business as a motor
2531	vehicle dealer on the license expiration date.  A renewal filed
2532	with the department within 45 days after the expiration date
2533	shall be accompanied by a delinquent fee of $100.  Thereafter, a
2534	new application is required, accompanied by the initial license
2535	fee. A license certificate duly issued by the department may be
2536	modified by endorsement to show a change in the name of the
2537	licensee, provided, as shown by affidavit of the licensee, the
2538	majority ownership interest of the licensee has not changed or
2539	the name of the person appearing as franchisee on the sales and
2540	service agreement has not changed. Modification of a license
2541	certificate to show any name change as herein provided shall not
2542	require initial licensure or reissuance of dealer tags; however,
2543	any dealer obtaining a name change shall transact all business
2544	in and be properly identified by that name.  All documents
2545	relative to licensure shall reflect the new name.  In the case
2546	of a franchise dealer, the name change shall be approved by the
2547	manufacturer, distributor, or importer.  A licensee applying for
2548	a name change endorsement shall pay a fee of $25 which fee shall
2549	apply to the change in the name of a main location and all
2550	additional locations licensed under the provisions of subsection
2551	(5).  Each initial license application received by the
2552	department shall be accompanied by verification that, within the
2553	preceding 6 months, the applicant, or one or more of his or her
2554	designated employees, has attended a training and information
2555	seminar conducted by a licensed motor vehicle dealer training
2556	school the department. Such seminar shall include, but is not
2557	limited to, statutory dealer requirements, which requirements
2558	include required bookkeeping and recordkeeping procedures,
2559	requirements for the collection of sales and use taxes, and such
2560	other information that in the opinion of the department will
2561	promote good business practices.  No seminar may exceed 8 hours
2562	in length.
2563	(6)  RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall
2564	keep a book or record in such form as shall be prescribed or
2565	approved by the department for a period of 5 years, in which the
2566	licensee shall keep a record of the purchase, sale, or exchange,
2567	or receipt for the purpose of sale, of any motor vehicle, the
2568	date upon which any temporary tag was issued, the date of title
2569	transfer, and a description of such motor vehicle together with
2570	the name and address of the seller, the purchaser, and the
2571	alleged owner or other person from whom such motor vehicle was
2572	purchased or received or to whom it was sold or delivered, as
2573	the case may be.  Such description shall include the
2574	identification or engine number, maker's number, if any, chassis
2575	number, if any, and such other numbers or identification marks
2576	as may be thereon and shall also include a statement that a
2577	number has been obliterated, defaced, or changed, if such is the
2578	fact.
2579	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
2580	(b)  The department may deny, suspend, or revoke any
2581	license issued hereunder or under the provisions of s. 320.77 or
2582	s. 320.771 upon proof that a licensee has committed, with
2583	sufficient frequency so as to establish a pattern of wrongdoing
2584	on the part of a licensee, violations of one or more of the
2585	following activities:
2586	1.  Representation that a demonstrator is a new motor
2587	vehicle, or the attempt to sell or the sale of a demonstrator as
2588	a new motor vehicle without written notice to the purchaser that
2589	the vehicle is a demonstrator. For the purposes of this section,
2590	a "demonstrator," a "new motor vehicle," and a "used motor
2591	vehicle" shall be defined as under s. 320.60.
2592	2.  Unjustifiable refusal to comply with a licensee's
2593	responsibility under the terms of the new motor vehicle warranty
2594	issued by its respective manufacturer, distributor, or importer.
2595	However, if such refusal is at the direction of the
2596	manufacturer, distributor, or importer, such refusal shall not
2597	be a ground under this section.
2598	3.  Misrepresentation or false, deceptive, or misleading
2599	statements with regard to the sale or financing of motor
2600	vehicles which any motor vehicle dealer has, or causes to have,
2601	advertised, printed, displayed, published, distributed,
2602	broadcast, televised, or made in any manner with regard to the
2603	sale or financing of motor vehicles.
2604	4.  Failure by any motor vehicle dealer to provide a
2605	customer or purchaser with an odometer disclosure statement and
2606	a copy of any bona fide written, executed sales contract or
2607	agreement of purchase connected with the purchase of the motor
2608	vehicle purchased by the customer or purchaser.
2609	5.  Failure of any motor vehicle dealer to comply with the
2610	terms of any bona fide written, executed agreement, pursuant to
2611	the sale of a motor vehicle.
2612	6.  Failure to apply for transfer of a title as prescribed
2613	in s. 319.23(6).
2614	7.  Use of the dealer license identification number by any
2615	person other than the licensed dealer or his or her designee.
2616	8.  Failure to continually meet the requirements of the
2617	licensure law.
2618	9.  Representation to a customer or any advertisement to
2619	the public representing or suggesting that a motor vehicle is a
2620	new motor vehicle if such vehicle lawfully cannot be titled in
2621	the name of the customer or other member of the public by the
2622	seller using a manufacturer's statement of origin as permitted
2623	in s. 319.23(1).
2624	10.  Requirement by any motor vehicle dealer that a
2625	customer or purchaser accept equipment on his or her motor
2626	vehicle which was not ordered by the customer or purchaser.
2627	11.  Requirement by any motor vehicle dealer that any
2628	customer or purchaser finance a motor vehicle with a specific
2629	financial institution or company.
2630	12.  Requirement by any motor vehicle dealer that the
2631	purchaser of a motor vehicle contract with the dealer for
2632	physical damage insurance.
2633	13.  Perpetration of a fraud upon any person as a result of
2634	dealing in motor vehicles, including, without limitation, the
2635	misrepresentation to any person by the licensee of the
2636	licensee's relationship to any manufacturer, importer, or
2637	distributor.
2638	14.  Violation of any of the provisions of s. 319.35 by any
2639	motor vehicle dealer.
2640	15.  Sale by a motor vehicle dealer of a vehicle offered in
2641	trade by a customer prior to consummation of the sale, exchange,
2642	or transfer of a newly acquired vehicle to the customer, unless
2643	the customer provides written authorization for the sale of the
2644	trade-in vehicle prior to delivery of the newly acquired
2645	vehicle.
2646	16.  Willful failure to comply with any administrative rule
2647	adopted by the department or the provisions of s. 320.131(8).
2648	17.  Violation of chapter 319, this chapter, or ss.
2649	559.901-559.9221, which has to do with dealing in or repairing
2650	motor vehicles or mobile homes. Additionally, in the case of
2651	used motor vehicles, the willful violation of the federal law
2652	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
2653	the consumer sales window form.
2654	Section 67.  Subsections (8), (10), and (29) of section
2655	322.01, Florida Statutes, are amended to read:
2656	322.01  Definitions.--As used in this chapter:
2657	(8)  "Commercial motor vehicle" means any motor vehicle or
2658	motor vehicle combination used on the streets or highways,
2659	which:
2660	(a)  Has a gross vehicle weight rating of 26,001 pounds or
2661	more;
2662	(b)  Has a declared weight of 26,001 pounds or more;
2663	(c)  Has an actual weight of 26,001 pounds or more;
2664	(b)(d)  Is designed to transport more than 15 persons,
2665	including the driver; or
2666	(c)(e)  Is transporting hazardous materials and is required
2667	to be placarded in accordance with Title 49 C.F.R. part 172,
2668	subpart F.
2669	(10)(a)  "Conviction" means a conviction of an offense
2670	relating to the operation of motor vehicles on highways which is
2671	a violation of this chapter or any other such law of this state
2672	or any other state, including an admission or determination of a
2673	noncriminal traffic infraction pursuant to s. 318.14, or a
2674	judicial disposition of an offense committed under any federal
2675	law substantially conforming to the aforesaid state statutory
2676	provisions.
2677	(b)  Notwithstanding any other provisions of this chapter,
2678	the definition of "conviction" provided in 49 C.F.R. part 383.5
2679	applies to offenses committed in a commercial motor vehicle.
2680	(29)  "Out-of-service order" means a prohibition issued by
2681	an authorized local, state, or Federal Government official which
2682	that precludes a person from driving a commercial motor vehicle
2683	for a period of 72 hours or less.
2684	Section 68.  Subsections (4) and (10) of section 322.05,
2685	Florida Statutes, are amended to read:
2686	322.05  Persons not to be licensed.--The department may not
2687	issue a license:
2688	(4)  Except as provided by this subsection, to any person,
2689	as a Class A licensee, Class B licensee, or Class C licensee, or
2690	Class D licensee, who is under the age of 18 years.  A person
2691	age 16 or 17 years who applies for a Class D driver's license is
2692	subject to all the requirements and provisions of paragraphs
2693	(2)(a) and (b) and ss. 322.09 and 322.16(2) and (3). The
2694	department may require of any such applicant for a Class D
2695	driver's license such examination of the qualifications of the
2696	applicant as the department considers proper, and the department
2697	may limit the use of any license granted as it considers proper.
2698	(10)  To any person, when the department has good cause to
2699	believe that the operation of a motor vehicle on the highways by
2700	such person would be detrimental to public safety or welfare.
2701	Deafness alone shall not prevent the person afflicted from being
2702	issued a Class D or Class E driver's license.
2703	Section 69.  Paragraph (a) of subsection (1) and paragraphs
2704	(b) and (c) of subsection (2) of section 322.051, Florida
2705	Statutes, are amended, and subsection (8) is added to that
2706	section, to read:
2707	322.051  Identification cards.--
2708	(1)  Any person who is 12 years of age or older, or any
2709	person who has a disability, regardless of age, who applies for
2710	a disabled parking permit under s. 320.0848, may be issued an
2711	identification card by the department upon completion of an
2712	application and payment of an application fee.
2713	(a)  Each such application shall include the following
2714	information regarding the applicant:
2715	1.  Full name (first, middle or maiden, and last), gender,
2716	social security card number, county of residence and mailing
2717	address, country of birth, and a brief description.
2718	2.  Proof of birth date satisfactory to the department.
2719	3.  Proof of identity satisfactory to the department. Such
2720	proof must include one of the following documents issued to the
2721	applicant:
2722	a.  A driver's license record or identification card record
2723	from another jurisdiction that required the applicant to submit
2724	a document for identification which is substantially similar to
2725	a document required under sub-subparagraph b., sub-subparagraph
2726	c., sub-subparagraph d., sub-subparagraph e., or sub-
2727	subparagraph f., or sub-subparagraph g.;
2728	b.  A certified copy of a United States birth certificate;
2729	c.  A valid United States passport;
2730	d.  A naturalization certificate issued by the United
2731	States Department of Homeland Security;
2732	e.d.  An alien registration receipt card (green card);
2733	f.e.  An employment authorization card issued by the United
2734	States Department of Homeland Security; or
2735	g.f.  Proof of nonimmigrant classification provided by the
2736	United States Department of Homeland Security, for an original
2737	identification card. In order to prove such nonimmigrant
2738	classification, applicants may produce but are not limited to
2739	the following documents:
2740	(I)  A notice of hearing from an immigration court
2741	scheduling a hearing on any proceeding.
2742	(II)  A notice from the Board of Immigration Appeals
2743	acknowledging pendency of an appeal.
2744	(III)  Notice of the approval of an application for
2745	adjustment of status issued by the United States Bureau of
2746	Citizenship and Immigration Services.
2747	(IV)  Any official documentation confirming the filing of a
2748	petition for asylum status or any other relief issued by the
2749	United States Bureau of Citizenship and Immigration Services.
2750	(V)  Notice of action transferring any pending matter from
2751	another jurisdiction to Florida, issued by the United States
2752	Bureau of Citizenship and Immigration Services.
2753	(VI)  Order of an immigration judge or immigration officer
2754	granting any relief that authorizes the alien to live and work
2755	in the United States including, but not limited to asylum.
2756
2757	Presentation of any of the foregoing documents described in sub-
2758	subparagraph f. or sub-subparagraph g. entitles shall entitle
2759	the applicant to an identification card a driver's license or
2760	temporary permit for a period not to exceed the expiration date
2761	of the document presented or 2 years, whichever first occurs.
2762	(2)
2763	(b)  Notwithstanding any other provision of this chapter,
2764	if an applicant establishes his or her identity for an
2765	identification card using a document authorized under sub-
2766	subparagraph (1)(a)3.e. (1)(a)3.d., the identification card
2767	shall expire on the fourth birthday of the applicant following
2768	the date of original issue or upon first renewal or duplicate
2769	issued after implementation of this section. After an initial
2770	showing of such documentation, he or she is exempted from having
2771	to renew or obtain a duplicate in person.
2772	(c)  Notwithstanding any other provisions of this chapter,
2773	if an applicant establishes his or her identity for an
2774	identification card using an identification document authorized
2775	under sub-subparagraph (1)(a)3.f. or sub-subparagraph (1)(a)3.g.
2776	sub-subparagraphs (1)(a)3.e.-f., the identification card shall
2777	expire 2 years after the date of issuance or upon the expiration
2778	date cited on the United States Department of Homeland Security
2779	documents, whichever date first occurs, and may not be renewed
2780	or obtain a duplicate except in person.
2781	(8)  The department shall, upon receipt of the required
2782	fee, issue to each qualified applicant for an identification
2783	card a color photographic or digital image identification card
2784	bearing a fullface photograph or digital image of the
2785	identification cardholder. Notwithstanding chapter 761 or s.
2786	761.05, the requirement for a fullface photograph or digital
2787	image of the identification cardholder may not be waived. A
2788	space shall be provided upon which the identification cardholder
2789	shall affix his or her usual signature, as required in s.
2790	322.14, in the presence of an authorized agent of the department
2791	so as to ensure that such signature becomes a part of the
2792	identification card.
2793	Section 70.  Subsections (2) and (3) of section 322.07,
2794	Florida Statutes, are amended to read:
2795	322.07  Instruction permits and temporary licenses.--
2796	(2)  The department may, in its discretion, issue a
2797	temporary permit to an applicant for a Class D or Class E
2798	driver's license permitting him or her to operate a motor
2799	vehicle of the type for which a Class D or Class E driver's
2800	license is required while the department is completing its
2801	investigation and determination of all facts relative to such
2802	applicant's right to receive a driver's license.  Such permit
2803	must be in his or her immediate possession while operating a
2804	motor vehicle, and it shall be invalid when the applicant's
2805	license has been issued or for good cause has been refused.
2806	(3)  Any person who, except for his or her lack of
2807	instruction in operating a Class D or commercial motor vehicle,
2808	would otherwise be qualified to obtain a Class D or commercial
2809	driver's license under this chapter, may apply for a temporary
2810	Class D or temporary commercial instruction permit. The
2811	department shall issue such a permit entitling the applicant,
2812	while having the permit in his or her immediate possession, to
2813	drive a Class D or commercial motor vehicle on the highways,
2814	provided that:
2815	(a)  The applicant possesses a valid driver's license
2816	issued in any state; and
2817	(b)  The applicant, while operating a Class D or commercial
2818	motor vehicle, is accompanied by a licensed driver who is 21
2819	years of age or older, who is licensed to operate the class of
2820	vehicle being operated, and who is actually occupying the
2821	closest seat to the right of the driver.
2822	Section 71.  Subsection (2) of section 322.08, Florida
2823	Statutes, is amended to read:
2824	322.08  Application for license.--
2825	(2)  Each such application shall include the following
2826	information regarding the applicant:
2827	(a)  Full name (first, middle or maiden, and last), gender,
2828	social security card number, county of residence and mailing
2829	address, country of birth, and a brief description.
2830	(b)  Proof of birth date satisfactory to the department.
2831	(c)  Proof of identity satisfactory to the department. Such
2832	proof must include one of the following documents issued to the
2833	applicant:
2834	1.  A driver's license record or identification card record
2835	from another jurisdiction that required the applicant to submit
2836	a document for identification which is substantially similar to
2837	a document required under subparagraph 2., subparagraph 3.,
2838	subparagraph 4., subparagraph 5., or subparagraph 6., or
2839	subparagraph 7.;
2840	2.  A certified copy of a United States birth certificate;
2841	3.  A valid United States passport;
2842	4.  A naturalization certificate issued by the United
2843	States Department of Homeland Security;
2844	5.4.  An alien registration receipt card (green card);
2845	6.5.  An employment authorization card issued by the United
2846	States Department of Homeland Security; or
2847	7.6.  Proof of nonimmigrant classification provided by the
2848	United States Department of Homeland Security, for an original
2849	driver's license. In order to prove nonimmigrant classification,
2850	an applicant may produce the following documents, including, but
2851	not limited to:
2852	a.  A notice of hearing from an immigration court
2853	scheduling a hearing on any proceeding.
2854	b.  A notice from the Board of Immigration Appeals
2855	acknowledging pendency of an appeal.
2856	c.  A notice of the approval of an application for
2857	adjustment of status issued by the United States Immigration and
2858	Naturalization Service.
2859	d.  Any official documentation confirming the filing of a
2860	petition for asylum status or any other relief issued by the
2861	United States Immigration and Naturalization Service.
2862	e.  A notice of action transferring any pending matter from
2863	another jurisdiction to this state issued by the United States
2864	Immigration and Naturalization Service.
2865	f.  An order of an immigration judge or immigration officer
2866	granting any relief that authorizes the alien to live and work
2867	in the United States, including, but not limited to, asylum.
2868
2869	Presentation of any of the documents in subparagraph 6. or
2870	subparagraph 7. entitles the applicant to a driver's license or
2871	temporary permit for a period not to exceed the expiration date
2872	of the document presented or 2 years, whichever occurs first.
2873	(d)  Whether the applicant has previously been licensed to
2874	drive, and, if so, when and by what state, and whether any such
2875	license or driving privilege has ever been disqualified,
2876	revoked, or suspended, or whether an application has ever been
2877	refused, and, if so, the date of and reason for such
2878	disqualification, suspension, revocation, or refusal.
2879	(e)  Each such application may include fingerprints and
2880	other unique biometric means of identity.
2881	Section 72.  Paragraph (a) of subsection (1) of section
2882	322.09, Florida Statutes, is amended to read:
2883	322.09  Application of minors; responsibility for
2884	negligence or misconduct of minor.--
2885	(1)(a)  The application of any person under the age of 18
2886	years for a driver's license must be signed and verified before
2887	a person authorized to administer oaths by the father, mother,
2888	or guardian; by a secondary guardian if the primary guardian
2889	dies before the minor reaches 18 years of age;, or, if there is
2890	no parent or guardian, by another responsible adult who is
2891	willing to assume the obligation imposed under this chapter upon
2892	a person signing the application of a minor.  This section does
2893	not apply to a person under the age of 18 years who is
2894	emancipated by marriage.
2895	Section 73.  Section 322.11, Florida Statutes, is amended
2896	to read:
2897	322.11  Revocation of license upon death of person signing
2898	minor's application.--The department, upon receipt of
2899	satisfactory evidence of the death of the person who signed the
2900	application of a minor for a license, shall, 90 days after
2901	giving written notice to the minor, cancel such license and may
2902	shall not issue a new license until such time as the new
2903	application, duly signed and verified, is made as required by
2904	this chapter.  This provision does shall not apply if in the
2905	event the minor has attained the age of 18 years.
2906	Section 74.  Subsection (3) of section 322.12, Florida
2907	Statutes, is amended to read:
2908	322.12  Examination of applicants.--
2909	(3)  For an applicant for a Class D or a Class E driver's
2910	license, such examination shall include a test of the
2911	applicant's eyesight given by the driver's license examiner
2912	designated by the department or by a licensed ophthalmologist,
2913	optometrist, or physician and a test of the applicant's hearing
2914	given by a driver's license examiner or a licensed physician.
2915	The examination shall also include a test of the applicant's
2916	ability to read and understand highway signs regulating,
2917	warning, and directing traffic; his or her knowledge of the
2918	traffic laws of this state, including laws regulating driving
2919	under the influence of alcohol or controlled substances, driving
2920	with an unlawful blood-alcohol level, and driving while
2921	intoxicated; and his or her knowledge of the effects of alcohol
2922	and controlled substances upon persons and the dangers of
2923	driving a motor vehicle while under the influence of alcohol or
2924	controlled substances and shall include an actual demonstration
2925	of ability to exercise ordinary and reasonable control in the
2926	operation of a motor vehicle.
2927	Section 75.  Subsections (1) and (4) of section 322.135,
2928	Florida Statutes, are amended, and subsection (9) is added to
2929	that section, to read:
2930	322.135  Driver's license agents.--
2931	(1)  The department may, upon application, authorize any or
2932	all of the tax collectors in the several counties of the state,
2933	subject to the requirements of law, in accordance with rules of
2934	the department, to serve as its agent for the provision of
2935	specified driver's license services.
2936	(a)  These services shall be limited to the issuance of
2937	driver's licenses and identification cards as authorized by this
2938	chapter.
2939	(b)  Each tax collector who is authorized by the department
2940	to provide driver's license services shall bear all costs
2941	associated with providing those services.
2942	(c)  A fee of $5.25 is to be charged, in addition to the
2943	fees set forth in this chapter, for any driver's license issued
2944	or renewed by a tax collector. One dollar of the $5.25 fee must
2945	be deposited into the Highway Safety Operating Trust Fund.
2946	(4)  A tax collector may not issue or renew a driver's
2947	license if he or she has any reason to believe that the licensee
2948	or prospective licensee is physically or mentally unqualified to
2949	operate a motor vehicle. The tax collector may shall direct any
2950	such licensee to the department for examination or reexamination
2951	under s. 322.221.
2952	(9)  Notwithstanding chapter 116, each county officer
2953	within this state who is authorized to collect funds provided
2954	for in this chapter shall pay all sums officially received by
2955	the officer into the State Treasury no later than 5 working days
2956	after the close of the business day in which the officer
2957	received the funds. Payment by county officers to the state
2958	shall be made by means of electronic funds transfers.
2959	Section 76.  Subsection (1) of section 322.142, Florida
2960	Statutes, is amended to read:
2961	322.142  Color photographic or digital imaged licenses.--
2962	(1)  The department shall, upon receipt of the required
2963	fee, issue to each qualified applicant for a an original
2964	driver's license a color photographic or digital imaged driver's
2965	license bearing a fullface photograph or digital image of the
2966	licensee. Notwithstanding chapter 761 or s. 761.05, the
2967	requirement for a fullface photograph or digital image of the
2968	licensee may not be waived. A space shall be provided upon which
2969	the licensee shall affix his or her usual signature, as required
2970	in s. 322.14, in the presence of an authorized agent of the
2971	department so as to ensure that such signature becomes a part of
2972	the license.
2973	Section 77.  Paragraph (a) of subsection (1) and subsection
2974	(2) of section 322.161, Florida Statutes, are amended to read:
2975	322.161  High-risk drivers; restricted licenses.--
2976	(1)(a)  Notwithstanding any provision of law to the
2977	contrary, the department shall restrict the driving privilege of
2978	any Class D or Class E licensee who is age 15 through 17 and who
2979	has accumulated six or more points pursuant to s. 318.14,
2980	excluding parking violations, within a 12-month period.
2981	(2)(a)  Any Class E licensee who is age 15 through 17 and
2982	who has accumulated six or more points pursuant to s. 318.14,
2983	excluding parking violations, within a 12-month period shall not
2984	be eligible to obtain a Class D license for a period of no less
2985	than 1 year.  The period of ineligibility shall begin on the
2986	date of conviction for the violation that results in the
2987	licensee's accumulation of six or more points.
2988	(b)  The period of ineligibility shall automatically expire
2989	after 1 year if the licensee does not accumulate any additional
2990	points.  If the licensee accumulates any additional points, then
2991	the period of ineligibility shall be extended 90 days for each
2992	point.  The period of ineligibility shall also automatically
2993	expire upon the licensee's 18th birthday if no other grounds for
2994	ineligibility exist.
2995	Section 78.  Subsection (3) of section 322.17, Florida
2996	Statutes, is amended to read:
2997	322.17  Duplicate and replacement certificates.--
2998	(3)  Notwithstanding any other provisions of this chapter,
2999	if a licensee establishes his or her identity for a driver's
3000	license using an identification document authorized under s.
3001	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
3002	obtain a duplicate or replacement instruction permit or driver's
3003	license except in person and upon submission of an
3004	identification document authorized under s. 322.08(2)(c)6. or 7
3005	s. 322.08(2)(c)5.-6.
3006	Section 79.  Subsections (2) and (4) of section 322.18,
3007	Florida Statutes, are amended to read:
3008	322.18  Original applications, licenses, and renewals;
3009	expiration of licenses; delinquent licenses.--
3010	(2)  Each applicant who is entitled to the issuance of a
3011	driver's license, as provided in this section, shall be issued a
3012	driver's license, as follows:
3013	(a)  An applicant applying for an original issuance shall
3014	be issued a driver's license which expires at midnight on the
3015	licensee's birthday which next occurs on or after the sixth
3016	anniversary of the date of issue.
3017	(b)  An applicant applying for a renewal issuance or
3018	renewal extension shall be issued a driver's license or renewal
3019	extension sticker which expires at midnight on the licensee's
3020	birthday which next occurs 4 years after the month of expiration
3021	of the license being renewed, except that a driver whose driving
3022	record reflects no convictions for the preceding 3 years shall
3023	be issued a driver's license or renewal extension sticker which
3024	expires at midnight on the licensee's birthday which next occurs
3025	6 years after the month of expiration of the license being
3026	renewed.
3027	(c)  Notwithstanding any other provision of this chapter,
3028	if an applicant establishes his or her identity for a driver's
3029	license using a document authorized under s. 322.08(2)(c)5. s.
3030	322.08(2)(c)4., the driver's license shall expire in accordance
3031	with paragraph (b). After an initial showing of such
3032	documentation, he or she is exempted from having to renew or
3033	obtain a duplicate in person.
3034	(d)  Notwithstanding any other provision of this chapter,
3035	if applicant establishes his or her identity for a driver's
3036	license using a document authorized in s. 322.08(2)(c)6. or 7.
3037	s. 322.08(2)(c)5. or 6., the driver's license shall expire 2 4
3038	years after the date of issuance or upon the expiration date
3039	cited on the United States Department of Homeland Security
3040	documents, whichever date first occurs.
3041	(e)  Notwithstanding any other provision of this chapter,
3042	an applicant applying for an original or renewal issuance of a
3043	commercial driver's license as defined in s. 322.01(7), with a
3044	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
3045	shall be issued a driver's license that expires at midnight on
3046	the licensee's birthday that next occurs 4 years after the month
3047	of expiration of the license being issued or renewed.
3048	(4)(a)  Except as otherwise provided in this chapter, all
3049	licenses shall be renewable every 4 years or 6 years, depending
3050	upon the terms of issuance and shall be issued or extended upon
3051	application, payment of the fees required by s. 322.21, and
3052	successful passage of any required examination, unless the
3053	department has reason to believe that the licensee is no longer
3054	qualified to receive a license.
3055	(b)  Notwithstanding any other provision of this chapter,
3056	if an applicant establishes his or her identity for a driver's
3057	license using a document authorized under s. 322.08(2)(c)5. s.
3058	322.08(2)(c)4., the license, upon an initial showing of such
3059	documentation, is exempted from having to renew or obtain a
3060	duplicate in person, unless the renewal or duplication coincides
3061	with the periodic reexamination of a driver as required pursuant
3062	to s. 322.121.
3063	(c)  Notwithstanding any other provision of this chapter,
3064	if a licensee establishes his or her identity for a driver's
3065	license using an identification document authorized under s.
3066	322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the licensee may
3067	not renew the driver's license except in person and upon
3068	submission of an identification document authorized under s.
3069	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's license
3070	renewed under this paragraph expires 4 years after the date of
3071	issuance or upon the expiration date cited on the United States
3072	Department of Homeland Security documents, whichever date first
3073	occurs.
3074	Section 80.  Subsection (4) of section 322.19, Florida
3075	Statutes, is amended to read:
3076	322.19  Change of address or name.--
3077	(4)  Notwithstanding any other provision of this chapter,
3078	if a licensee established his or her identity for a driver's
3079	license using an identification document authorized under s.
3080	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
3081	change his or her name or address except in person and upon
3082	submission of an identification document authorized under s.
3083	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.
3084	Section 81.  Subsection (1) of section 322.21, Florida
3085	Statutes, is amended to read:
3086	322.21  License fees; procedure for handling and collecting
3087	fees.--
3088	(1)  Except as otherwise provided herein, the fee for:
3089	(a)  An original or renewal commercial driver's license is
3090	$50, which shall include the fee for driver education provided
3091	by s. 1003.48; however, if an applicant has completed training
3092	and is applying for employment or is currently employed in a
3093	public or nonpublic school system that requires the commercial
3094	license, the fee shall be the same as for a Class E driver's
3095	license.  A delinquent fee of $1 shall be added for a renewal
3096	made not more than 12 months after the license expiration date.
3097	(b)  An original Class D or Class E driver's license is
3098	$20, which shall include the fee for driver's education provided
3099	by s. 1003.48; however, if an applicant has completed training
3100	and is applying for employment or is currently employed in a
3101	public or nonpublic school system that requires a commercial
3102	driver license, the fee shall be the same as for a Class E
3103	license.
3104	(c)  The renewal or extension of a Class D or Class E
3105	driver's license or of a license restricted to motorcycle use
3106	only is $15, except that a delinquent fee of $1 shall be added
3107	for a renewal or extension made not more than 12 months after
3108	the license expiration date.  The fee provided in this paragraph
3109	shall include the fee for driver's education provided by s.
3110	1003.48.
3111	(d)  An original driver's license restricted to motorcycle
3112	use only is $20, which shall include the fee for driver's
3113	education provided by s. 1003.48.
3114	(e)  Each endorsement required by s. 322.57 is $5.
3115	(f)  A hazardous-materials endorsement, as required by s.
3116	322.57(1)(d), shall be set by the department by rule and shall
3117	reflect the cost of the required criminal history check,
3118	including the cost of the state and federal fingerprint check,
3119	and the cost to the department of providing and issuing the
3120	license.  The fee shall not exceed $100. This fee shall be
3121	deposited in the Highway Safety Operating Trust Fund. The
3122	department may adopt rules to administer this section.
3123	Section 82.  Present subsection (7) of section 322.212,
3124	Florida Statutes, is redesignated as subsection (8), and a new
3125	subsection (7) is added to that section, to read:
3126	322.212  Unauthorized possession of, and other unlawful
3127	acts in relation to, driver's license or identification card.--
3128	(7)  In addition to any other penalties provided by this
3129	section, any person who provides false information when applying
3130	for a commercial driver's license shall be disqualified from
3131	operating a commercial motor vehicle for a period of 60 days.
3132	Section 83.  Subsection (1) of section 322.22, Florida
3133	Statutes, is amended to read:
3134	322.22  Authority of department to cancel license.--
3135	(1)  The department is authorized to cancel any driver's
3136	license, upon determining that the licensee was not entitled to
3137	the issuance thereof, or that the licensee failed to give the
3138	required or correct information in his or her application or
3139	committed any fraud in making such application, or that the
3140	licensee has two or more licenses on file with the department,
3141	each in a different name but bearing the photograph of the
3142	licensee, unless the licensee has complied with the requirements
3143	of this chapter in obtaining the licenses. The department may
3144	cancel any driver's license, identification card, vehicle or
3145	vessel registration, or fuel-use decal if the licensee fails to
3146	pay the correct fee or pays for the driver's license,
3147	identification card, vehicle  or vessel registration, or fuel-
3148	use decal; pays any tax liability, penalty, or interest
3149	specified in chapter 207; or pays any administrative,
3150	delinquency, or reinstatement fee by a dishonored check.
3151	Section 84.  Subsections (4) and (5) of section 322.251,
3152	Florida Statutes, are amended to read:
3153	322.251  Notice of cancellation, suspension, revocation, or
3154	disqualification of license.--
3155	(4)  A person whose privilege to operate a commercial motor
3156	vehicle is temporarily disqualified may, upon surrendering his
3157	or her commercial driver's license, be issued a Class D or Class
3158	E driver's license, valid for the length of his or her unexpired
3159	commercial driver's license, at no cost.  Such person may, upon
3160	the completion of his or her disqualification, be issued a
3161	commercial driver's license, of the type disqualified, for the
3162	remainder of his or her unexpired license period.  Any such
3163	person shall pay the reinstatement fee provided in s. 322.21
3164	before being issued a commercial driver's license.
3165	(5)  A person whose privilege to operate a commercial motor
3166	vehicle is permanently disqualified may, upon surrendering his
3167	or her commercial driver's license, be issued a Class D or Class
3168	E driver's license, if he or she is otherwise qualified to
3169	receive such license.  Any such person shall be issued a Class D
3170	or Class E license, valid for the remainder of his or her
3171	unexpired license period, at no cost.
3172	Section 85.  Subsections (1), (7), (10), and (11) of
3173	section 322.2615, Florida Statutes, are amended to read:
3174	322.2615  Suspension of license; right to review.--
3175	(1)(a)  A law enforcement officer or correctional officer
3176	shall, on behalf of the department, suspend the driving
3177	privilege of a person who has been arrested by a law enforcement
3178	officer for a violation of s. 316.193, relating to unlawful
3179	blood-alcohol level or breath-alcohol level, or of a person who
3180	has refused to submit to a breath, urine, or blood test
3181	authorized by s. 316.1932.  The officer shall take the person's
3182	driver's license and issue the person a 10-day temporary permit
3183	if the person is otherwise eligible for the driving privilege
3184	and shall issue the person a notice of suspension. If a blood
3185	test has been administered, the results of which are not
3186	available to the officer at the time of the arrest, the agency
3187	employing the officer shall transmit such results to the
3188	department within 5 days after receipt of the results.  If the
3189	department then determines that the person was arrested for a
3190	violation of s. 316.193 and that the person had a blood-alcohol
3191	level or breath-alcohol level of 0.08 or higher, the department
3192	shall suspend the person's driver's license pursuant to
3193	subsection (3).
3194	(b)  The suspension under paragraph (a) shall be pursuant
3195	to, and the notice of suspension shall inform the driver of, the
3196	following:
3197	1.a.  The driver refused to submit to a lawful breath,
3198	blood, or urine test and his or her driving privilege is
3199	suspended for a period of 1 year for a first refusal or for a
3200	period of 18 months if his or her driving privilege has been
3201	previously suspended as a result of a refusal to submit to such
3202	a test; or
3203	b.  The driver violated s. 316.193 by driving with an
3204	unlawful blood-alcohol level or breath-alcohol level as provided
3205	in that section and his or her driving privilege is suspended
3206	for a period of 6 months for a first offense or for a period of
3207	1 year if his or her driving privilege has been previously
3208	suspended for a violation of s. 316.193.
3209	2.  The suspension period shall commence on the date of
3210	arrest or issuance of the notice of suspension, whichever is
3211	later.
3212	3.  The driver may request a formal or informal review of
3213	the suspension by the department within 10 days after the date
3214	of arrest or issuance of the notice of suspension, whichever is
3215	later.
3216	4.  The temporary permit issued at the time of arrest will
3217	expire at midnight of the 10th day following the date of arrest
3218	or issuance of the notice of suspension, whichever is later.
3219	5.  The driver may submit to the department any materials
3220	relevant to the arrest.
3221	(7)  In a formal review hearing under subsection (6) or an
3222	informal review hearing under subsection (4), the hearing
3223	officer shall determine by a preponderance of the evidence
3224	whether sufficient cause exists to sustain, amend, or invalidate
3225	the suspension.  The scope of the review shall be limited to the
3226	following issues:
3227	(a)  If the license was suspended for driving with an
3228	unlawful blood-alcohol level or breath-alcohol level in
3229	violation of s. 316.193:
3230	1.  Whether the arresting law enforcement officer had
3231	probable cause to believe that the person was driving or in
3232	actual physical control of a motor vehicle in this state while
3233	under the influence of alcoholic beverages or controlled
3234	substances.
3235	2.  Whether the person was placed under lawful arrest for a
3236	violation of s. 316.193.
3237	3.  Whether the person had an unlawful blood-alcohol level
3238	or breath-alcohol level as provided in s. 316.193.
3239	(b)  If the license was suspended for refusal to submit to
3240	a breath, blood, or urine test:
3241	1.  Whether the arresting law enforcement officer had
3242	probable cause to believe that the person was driving or in
3243	actual physical control of a motor vehicle in this state while
3244	under the influence of alcoholic beverages or controlled
3245	substances.
3246	2.  Whether the person was placed under lawful arrest for a
3247	violation of s. 316.193.
3248	3.  Whether the person refused to submit to any such test
3249	after being requested to do so by a law enforcement officer or
3250	correctional officer.
3251	4.  Whether the person was told that if he or she refused
3252	to submit to such test his or her privilege to operate a motor
3253	vehicle would be suspended for a period of 1 year or, in the
3254	case of a second or subsequent refusal, for a period of 18
3255	months.
3256	(10)  A person whose driver's license is suspended under
3257	subsection (1) or subsection (3) may apply for issuance of a
3258	license for business or employment purposes only if the person
3259	is otherwise eligible for the driving privilege pursuant to s.
3260	322.271.
3261	(a)  If the suspension of the driver's license of the
3262	person for failure to submit to a breath, urine, or blood test
3263	is sustained, the person is not eligible to receive a license
3264	for business or employment purposes only, pursuant to s.
3265	322.271, until 90 days have elapsed after the expiration of the
3266	last temporary permit issued.  If the driver is not issued a 10-
3267	day permit pursuant to this section or s. 322.64 because he or
3268	she is ineligible for the permit and the suspension for failure
3269	to submit to a breath, urine, or blood test is not invalidated
3270	by the department, the driver is not eligible to receive a
3271	business or employment license pursuant to s. 322.271 until 90
3272	days have elapsed from the date of the suspension.
3273	(b)  If the suspension of the driver's license of the
3274	person arrested for a violation of s. 316.193, relating to
3275	unlawful blood-alcohol level, or breath-alcohol level is
3276	sustained, the person is not eligible to receive a license for
3277	business or employment purposes only pursuant to s. 322.271
3278	until 30 days have elapsed after the expiration of the last
3279	temporary permit issued.  If the driver is not issued a 10-day
3280	permit pursuant to this section or s. 322.64 because he or she
3281	is ineligible for the permit and the suspension for a violation
3282	of s. 316.193, relating to unlawful blood-alcohol level, is not
3283	invalidated by the department, the driver is not eligible to
3284	receive a business or employment license pursuant to s. 322.271
3285	until 30 days have elapsed from the date of the arrest.
3286	(11)  The formal review hearing may be conducted upon a
3287	review of the reports of a law enforcement officer or a
3288	correctional officer, including documents relating to the
3289	administration of a breath test or blood test or the refusal to
3290	take either test or the refusal to take a urine test. However,
3291	as provided in subsection (6), the driver may subpoena the
3292	officer or any person who administered or analyzed a breath or
3293	blood test.
3294	Section 86.  Paragraph (d) of subsection (3) of section
3295	322.27, Florida Statutes, is amended to read:
3296	322.27  Authority of department to suspend or revoke
3297	license.--
3298	(3)  There is established a point system for evaluation of
3299	convictions of violations of motor vehicle laws or ordinances,
3300	and violations of applicable provisions of s. 403.413(6)(b) when
3301	such violations involve the use of motor vehicles, for the
3302	determination of the continuing qualification of any person to
3303	operate a motor vehicle. The department is authorized to suspend
3304	the license of any person upon showing of its records or other
3305	good and sufficient evidence that the licensee has been
3306	convicted of violation of motor vehicle laws or ordinances, or
3307	applicable provisions of s. 403.413(6)(b), amounting to 12 or
3308	more points as determined by the point system. The suspension
3309	shall be for a period of not more than 1 year.
3310	(d)  The point system shall have as its basic element a
3311	graduated scale of points assigning relative values to
3312	convictions of the following violations:
3313	1.  Reckless driving, willful and wanton--4 points.
3314	2.  Leaving the scene of a crash resulting in property
3315	damage of more than $50--6 points.
3316	3.  Unlawful speed resulting in a crash--6 points.
3317	4.  Passing a stopped school bus--4 points.
3318	5.  Unlawful speed:
3319	a.  Not in excess of 15 miles per hour of lawful or posted
3320	speed--3 points.
3321	b.  In excess of 15 miles per hour of lawful or posted
3322	speed--4 points.
3323	6.  All other moving violations (including parking on a
3324	highway outside the limits of a municipality)--3 points.
3325	However, no points shall be imposed for a violation of s.
3326	316.0741 or s. 316.2065(12).
3327	7.  Any moving violation covered above, excluding unlawful
3328	speed, resulting in a crash--4 points.
3329	8.  Any conviction under s. 403.413(6)(b) s. 403.413(5)(b)-
3330	-3 points.
3331	9.  Any conviction under s. 316.0775(2)--4 points.
3332	Section 87.  Section 322.30, Florida Statutes, is amended
3333	to read:
3334	322.30  No operation under foreign license during
3335	suspension, revocation, or disqualification in this state.--
3336	(1)  Any resident or nonresident whose driver's license or
3337	right or privilege to operate a motor vehicle in this state has
3338	been suspended, revoked, or disqualified as provided in this
3339	chapter, shall not operate a motor vehicle in this state under a
3340	license, permit, or registration certificate issued by any other
3341	jurisdiction or otherwise during such suspension, revocation, or
3342	disqualification until a new license is obtained.
3343	(2)  Notwithstanding subsection (1), any commercial motor
3344	vehicle operator whose privilege to operate such vehicle is
3345	disqualified may operate a motor vehicle in this state as a
3346	Class D or Class E licensee, if authorized by this chapter.
3347	Section 88.  Paragraph (b) of subsection (2) and
3348	subsections (4), (5), and (6) of section 322.53, Florida
3349	Statutes, are amended to read:
3350	322.53  License required; exemptions.--
3351	(2)  The following persons are exempt from the requirement
3352	to obtain a commercial driver's license:
3353	(b)  Military personnel driving military vehicles operated
3354	for military purposes.
3355	(4)  A resident who is exempt from obtaining a commercial
3356	driver's license pursuant to paragraph (2)(a) or paragraph
3357	(2)(c) and who drives a commercial motor vehicle must obtain a
3358	Class D driver's license endorsed to authorize the operation of
3359	the particular type of vehicle for which his or her exemption is
3360	granted.
3361	(4)(5)  A resident who is exempt from obtaining a
3362	commercial driver's license pursuant to paragraph (2)(b),
3363	paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may
3364	drive a commercial motor vehicle pursuant to the exemption
3365	granted in paragraph (2)(b), paragraph (2)(d), paragraph (2)(e),
3366	or paragraph (2)(f) if he or she possesses a valid Class D or
3367	Class E driver's license or a military license.
3368	(5)(6)  The department shall adopt rules and enter into
3369	necessary agreements with other jurisdictions to provide for the
3370	operation of commercial vehicles by nonresidents pursuant to the
3371	exemption granted in subsection (2).
3372	Section 89.  Subsection (2) of section 322.54, Florida
3373	Statutes, is amended to read:
3374	322.54  Classification.--
3375	(2)  The department shall issue, pursuant to the
3376	requirements of this chapter, drivers' licenses in accordance
3377	with the following classifications:
3378	(a)  Any person who drives a motor vehicle combination
3379	having a gross vehicle weight rating, a declared weight, or an
3380	actual weight, whichever is greatest, of 26,001 pounds or more
3381	must possess a valid Class A driver's license, provided the
3382	gross vehicle weight rating, declared weight, or actual weight,
3383	whichever is greatest, of the vehicle being towed is more than
3384	10,000 pounds.  Any person who possesses a valid Class A
3385	driver's license may, subject to the appropriate restrictions
3386	and endorsements, drive any class of motor vehicle within this
3387	state.
3388	(b)  Any person, except a person who possesses a valid
3389	Class A driver's license, who drives a motor vehicle having a
3390	gross vehicle weight rating, a declared weight, or an actual
3391	weight, whichever is greatest, of 26,001 pounds or more must
3392	possess a valid Class B driver's license.  Any person, except a
3393	person who possesses a valid Class A driver's license, who
3394	drives such vehicle towing a vehicle having a gross vehicle
3395	weight rating, a declared weight, or an actual weight, whichever
3396	is greatest, of 10,000 pounds or less must possess a valid Class
3397	B driver's license.  Any person who possesses a valid Class B
3398	driver's license may, subject to the appropriate restrictions
3399	and endorsements, drive any class of motor vehicle, other than
3400	the type of motor vehicle for which a Class A driver's license
3401	is required, within this state.
3402	(c)  Any person, except a person who possesses a valid
3403	Class A or a valid Class B driver's license, who drives a motor
3404	vehicle combination having a gross vehicle weight rating, a
3405	declared weight, or an actual weight, whichever is greatest, of
3406	26,001 pounds or more must possess a valid Class C driver's
3407	license.  Any person, except a person who possesses a valid
3408	Class A or a valid Class B driver's license, who drives a motor
3409	vehicle combination having a gross vehicle weight rating, a
3410	declared weight, or an actual weight, whichever is greatest, of
3411	less than 26,001 pounds and who is required to obtain an
3412	endorsement pursuant to paragraph (1)(a), paragraph (1)(b),
3413	paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) of s.
3414	322.57, must possess a valid Class C driver's license that is
3415	clearly restricted to the operation of a motor vehicle or motor
3416	vehicle combination of less than 26,001 pounds.  Any person who
3417	possesses a valid Class C driver's license may, subject to the
3418	appropriate restrictions and endorsements, drive any class of
3419	motor vehicle, other than the type of motor vehicle for which a
3420	Class A or a Class B driver's license is required, within this
3421	state.
3422	(d)  Any person, except a person who possesses a valid
3423	Class A, valid Class B, or valid Class C driver's license, who
3424	drives a truck or a truck tractor having a gross vehicle weight
3425	rating, a declared weight, or an actual weight, whichever is
3426	greatest, of 8,000 pounds or more but less than 26,001 pounds,
3427	or which has a width of more than 80 inches must possess a valid
3428	Class D driver's license. Any person who possesses a valid Class
3429	D driver's license may, subject to the appropriate restrictions
3430	and endorsements, drive any type of motor vehicle, other than
3431	the type of motor vehicle for which a Class A, Class B, or Class
3432	C driver's license is required, within this state.
3433	(d)(e)  Any person, except a person who possesses a valid
3434	Class A, valid Class B, or valid Class C, or valid Class D
3435	driver's license, who drives a motor vehicle must possess a
3436	valid Class E driver's license.  Any person who possesses a
3437	valid Class E driver's license may, subject to the appropriate
3438	restrictions and endorsements, drive any type of motor vehicle,
3439	other than the type of motor vehicle for which a Class A, Class
3440	B, or Class C, or Class D driver's license is required, within
3441	this state.
3442	Section 90.  Subsections (1) and (2) of section 322.57,
3443	Florida Statutes, are amended to read:
3444	322.57  Tests of knowledge concerning specified vehicles;
3445	endorsement; nonresidents; violations.--
3446	(1)  In addition to fulfilling any other driver's licensing
3447	requirements of this chapter, a person who:
3448	(a)  Drives a double or triple trailer must successfully
3449	complete a test of his or her knowledge concerning the safe
3450	operation of such vehicles.
3451	(b)  Drives a passenger vehicle must successfully complete
3452	a test of his or her knowledge concerning the safe operation of
3453	such vehicles and a test of his or her driving skill in such a
3454	vehicle.
3455	(c)  Drives a school bus must successfully complete a test
3456	of his or her knowledge concerning the safe operation of such
3457	vehicles and a test of his or her driving skill in such a
3458	vehicle. This subsection shall be implemented in accordance with
3459	49 C.F.R. part 383.123.
3460	(d)(c)  Drives a tank vehicle must successfully complete a
3461	test of his or her knowledge concerning the safe operation of
3462	such vehicles.
3463	(e)(d)  Drives a vehicle that transports hazardous
3464	materials and that is required to be placarded in accordance
3465	with Title 49 C.F.R. part 172, subpart F, must successfully
3466	complete a test of his or her knowledge concerning the safe
3467	operation of such vehicles. Knowledge tests for hazardous-
3468	materials endorsements may not be administered orally for
3469	individuals applying for an initial hazardous-materials
3470	endorsement after June 30, 1994.
3471	(f)(e)  Operates a tank vehicle transporting hazardous
3472	materials must successfully complete the tests required in
3473	paragraphs (d) (c) and (e) (d) so that the department may issue
3474	a single endorsement permitting him or her to operate such tank
3475	vehicle.
3476	(g)(f)  Drives a motorcycle must successfully complete a
3477	test of his or her knowledge concerning the safe operation of
3478	such vehicles and a test of his or her driving skills on such
3479	vehicle.  A person who successfully completes such tests shall
3480	be issued an endorsement if he or she is licensed to drive
3481	another type of motor vehicle.  A person who successfully
3482	completes such tests and who is not licensed to drive another
3483	type of motor vehicle shall be issued a Class E driver's license
3484	that is clearly restricted to motorcycle use only.
3485	(2)  Before driving or operating any vehicle listed in
3486	subsection (1), a person must obtain an endorsement on his or
3487	her driver's license.  An endorsement under paragraph (a),
3488	paragraph (b), paragraph (c), paragraph (d), or paragraph (e),
3489	or paragraph (f) of subsection (1) shall be issued only to
3490	persons who possess a valid Class A, valid Class B, or valid
3491	Class C driver's license.  A person who drives a motor vehicle
3492	or motor vehicle combination that requires an endorsement under
3493	this subsection and who drives a motor vehicle or motor vehicle
3494	combination having a gross vehicle weight rating, a declared
3495	weight, or an actual weight, whichever is greatest, of less than
3496	26,000 pounds shall be issued a Class C driver's license that is
3497	clearly restricted to the operation of a motor vehicle or motor
3498	vehicle combination of less than 26,000 pounds.
3499	Section 91.  Paragraph (a) of subsection (1) of section
3500	322.58, Florida Statutes, is amended to read:
3501	322.58  Holders of chauffeur's licenses; effect of
3502	classified licensure.--
3503	(1)  In order to provide for the classified licensure of
3504	commercial motor vehicle drivers, the department shall require
3505	persons who have valid chauffeur's licenses to report on or
3506	after April 1, 1991, to the department for classified licensure,
3507	according to a schedule developed by the department.
3508	(a)  Any person who holds a valid chauffeur's license may
3509	continue to operate vehicles for which a Class E D driver's
3510	license is required until his or her chauffeur's license
3511	expires.
3512	Section 92.  Subsection (1) and paragraph (a) of subsection
3513	(3) of section 322.63, Florida Statutes, are amended to read:
3514	322.63  Alcohol or drug testing; commercial motor vehicle
3515	operators.--
3516	(1)  A person who accepts the privilege extended by the
3517	laws of this state of operating a commercial motor vehicle
3518	within this state shall, by so operating such commercial motor
3519	vehicle, be deemed to have given his or her consent to submit to
3520	an approved chemical or physical test of his or her blood or,
3521	breath, or urine for the purpose of determining his or her
3522	alcohol concentration, and to a urine test or for the purpose of
3523	detecting the presence of chemical substances as set forth in s.
3524	877.111 or of controlled substances.
3525	(a)  By applying for a commercial driver's license and by
3526	accepting and using a commercial driver's license, the person
3527	holding the commercial driver's license is deemed to have
3528	expressed his or her consent to the provisions of this section.
3529	(b)  Any person who drives a commercial motor vehicle
3530	within this state and who is not required to obtain a commercial
3531	driver's license in this state is, by his or her act of driving
3532	a commercial motor vehicle within this state, deemed to have
3533	expressed his or her consent to the provisions of this section.
3534	(c)  A notification of the consent provision of this
3535	section shall be printed above the signature line on each new or
3536	renewed commercial driver's license issued after March 31, 1991.
3537	(3)(a)  The breath and blood physical and chemical tests
3538	authorized in this section shall be administered substantially
3539	in accordance with rules adopted by the Department of Law
3540	Enforcement.
3541	Section 93.  Subsection (1) of section 322.64, Florida
3542	Statutes, is amended, and, for the purpose of incorporating the
3543	amendment to section 322.61, Florida Statutes, in a reference
3544	thereto, subsection (14) of that section is reenacted, to read:
3545	322.64  Holder of commercial driver's license; driving with
3546	unlawful blood-alcohol level; refusal to submit to breath,
3547	urine, or blood test.--
3548	(1)(a)  A law enforcement officer or correctional officer
3549	shall, on behalf of the department, disqualify from operating
3550	any commercial motor vehicle a person who while operating or in
3551	actual physical control of a commercial motor vehicle is
3552	arrested for a violation of s. 316.193, relating to unlawful
3553	blood-alcohol level or breath-alcohol level, or a person who has
3554	refused to submit to a breath, urine, or blood test authorized
3555	by s. 322.63 arising out of the operation or actual physical
3556	control of a commercial motor vehicle.  Upon disqualification of
3557	the person, the officer shall take the person's driver's license
3558	and issue the person a 10-day temporary permit for the operation
3559	of noncommercial vehicles only if the person is otherwise
3560	eligible for the driving privilege and shall issue the person a
3561	notice of disqualification.  If the person has been given a
3562	blood, breath, or urine test, the results of which are not
3563	available to the officer at the time of the arrest, the agency
3564	employing the officer shall transmit such results to the
3565	department within 5 days after receipt of the results.  If the
3566	department then determines that the person was arrested for a
3567	violation of s. 316.193 and that the person had a blood-alcohol
3568	level or breath-alcohol level of 0.08 or higher, the department
3569	shall disqualify the person from operating a commercial motor
3570	vehicle pursuant to subsection (3).
3571	(b)  The disqualification under paragraph (a) shall be
3572	pursuant to, and the notice of disqualification shall inform the
3573	driver of, the following:
3574	1.a.  The driver refused to submit to a lawful breath,
3575	blood, or urine test and he or she is disqualified from
3576	operating a commercial motor vehicle for a period of 1 year, for
3577	a first refusal, or permanently, if he or she has previously
3578	been disqualified as a result of a refusal to submit to such a
3579	test; or
3580	b.  The driver violated s. 316.193 by driving with an
3581	unlawful blood-alcohol level and he or she is disqualified from
3582	operating a commercial motor vehicle for a period of 6 months
3583	for a first offense or for a period of 1 year if he or she has
3584	previously been disqualified, or his or her driving privilege
3585	has been previously suspended, for a violation of s. 316.193.
3586	2.  The disqualification period for operating commercial
3587	vehicles shall commence on the date of arrest or issuance of
3588	notice of disqualification, whichever is later.
3589	3.  The driver may request a formal or informal review of
3590	the disqualification by the department within 10 days after the
3591	date of arrest or issuance of notice of disqualification,
3592	whichever is later.
3593	4.  The temporary permit issued at the time of arrest or
3594	disqualification will expire at midnight of the 10th day
3595	following the date of disqualification.
3596	5.  The driver may submit to the department any materials
3597	relevant to the arrest.
3598	(14)  The decision of the department under this section
3599	shall not be considered in any trial for a violation of s.
3600	316.193, s. 322.61, or s. 322.62, nor shall any written
3601	statement submitted by a person in his or her request for
3602	departmental review under this section be admissible into
3603	evidence against him or her in any such trial. The disposition
3604	of any related criminal proceedings shall not affect a
3605	disqualification imposed pursuant to this section.
3606	Section 94.  Paragraphs (c) and (f) of subsection (13) of
3607	section 713.78, Florida Statutes, are amended to read:
3608	713.78  Liens for recovering, towing, or storing vehicles
3609	and vessels.--
3610	(13)
3611	(c)1.  The registered owner of a vehicle, vessel, or mobile
3612	home may dispute a wrecker operator's lien, by notifying the
3613	department of the dispute in writing on forms provided by the
3614	department, if at least one of the following applies:
3615	a.  The registered owner presents a notarized bill of sale
3616	proving that the vehicle, vessel, or mobile home was sold in a
3617	private or casual sale before the vehicle, vessel, or mobile
3618	home was recovered, towed, or stored.
3619	b.  The registered owner presents proof that the Florida
3620	certificate of title of the vehicle, vessel, or mobile home was
3621	sold to a licensed dealer as defined in s. 319.001 before the
3622	vehicle, vessel, or mobile home was recovered, towed, or stored.
3623	c.  The records of the department were marked "sold" prior
3624	to the date of the tow.
3625
3626	If the registered owner's dispute of a wrecker operator's lien
3627	complies with one of these criteria, the department shall
3628	immediately remove the registered owner's name from the list of
3629	those persons who may not be issued a license plate or
3630	revalidation sticker for any motor vehicle under s. 320.03(8),
3631	thereby allowing issuance of a license plate or revalidation
3632	sticker. If the vehicle, vessel, or mobile home is owned jointly
3633	by more than one person, each registered owner must dispute the
3634	wrecker operator's lien in order to be removed from the list.
3635	However, the department shall deny any dispute and maintain the
3636	registered owner's name on the list of those persons who may not
3637	be issued a license plate or revalidation sticker for any motor
3638	vehicle under s. 320.03(8) if the wrecker operator has provided
3639	the department with a certified copy of the judgment of a court
3640	which orders the registered owner to pay the wrecker operator's
3641	lien claimed under this section. In such a case, the amount of
3642	the wrecker operator's lien allowed by paragraph (b) may be
3643	increased to include no more than $500 of the reasonable costs
3644	and attorney's fees incurred in obtaining the judgment. The
3645	department's action under this subparagraph is ministerial in
3646	nature, shall not be considered final agency action, and is
3647	appealable only to the county court for the county in which the
3648	vehicle, vessel, or mobile home was ordered removed.
3649	2.  A person against whom a wrecker operator's lien has
3650	been imposed may alternatively obtain a discharge of the lien by
3651	filing a complaint, challenging the validity of the lien or the
3652	amount thereof, in the county court of the county in which the
3653	vehicle, vessel, or mobile home was ordered removed. Upon filing
3654	of the complaint, the person may have her or his name removed
3655	from the list of those persons who may not be issued a license
3656	plate or revalidation sticker for any motor vehicle under s.
3657	320.03(8), thereby allowing issuance of a license plate or
3658	revalidation sticker, upon posting with the court a cash or
3659	surety bond or other adequate security equal to the amount of
3660	the wrecker operator's lien to ensure the payment of such lien
3661	in the event she or he does not prevail. Upon the posting of the
3662	bond and the payment of the applicable fee set forth in s.
3663	28.24, the clerk of the court shall issue a certificate
3664	notifying the department of the posting of the bond and
3665	directing the department to release the wrecker operator's lien.
3666	Upon determining the respective rights of the parties, the court
3667	may award damages and costs in favor of the prevailing party.
3668	3.  If a person against whom a wrecker operator's lien has
3669	been imposed does not object to the lien, but cannot discharge
3670	the lien by payment because the wrecker operator has moved or
3671	gone out of business, the person may have her or his name
3672	removed from the list of those persons who may not be issued a
3673	license plate or revalidation sticker for any motor vehicle
3674	under s. 320.03(8), thereby allowing issuance of a license plate
3675	or revalidation sticker, upon posting with the clerk of court in
3676	the county in which the vehicle, vessel, or mobile home was
3677	ordered removed, a cash or surety bond or other adequate
3678	security equal to the amount of the wrecker operator's lien.
3679	Upon the posting of the bond and the payment of the application
3680	fee set forth in s. 28.24, the clerk of the court shall issue a
3681	certificate notifying the department of the posting of the bond
3682	and directing the department to release the wrecker operator's
3683	lien. The department shall mail to the wrecker operator, at the
3684	address upon the lien form, notice that the wrecker operator
3685	must claim the security within 60 days, or the security will be
3686	released back to the person who posted it. At the conclusion of
3687	the 60 days, the department shall direct the clerk as to which
3688	party is entitled to payment of the security, less applicable
3689	clerk's fees.
3690	4.  A wrecker operator's lien expires 5 years after filing.
3691	(f)  This subsection applies only to the annual renewal in
3692	the registered owner's birth month of a motor vehicle
3693	registration and does not apply to the transfer of a
3694	registration of a motor vehicle sold by a motor vehicle dealer
3695	licensed under chapter 320, except for the transfer of
3696	registrations which is inclusive of the annual renewals. This
3697	subsection does not apply to any vehicle registered in the name
3698	of the lessor. This subsection does not affect the issuance of
3699	the title to a motor vehicle, notwithstanding s. 319.23(7)(b).
3700	Section 95.  Section 843.16, Florida Statutes, is amended
3701	to read:
3702	843.16  Unlawful to install or transport radio equipment
3703	using assigned frequency of state or law enforcement officers;
3704	definitions; exceptions; penalties.--
3705	(1)  A No person, firm, or corporation may not shall
3706	install or transport in any motor vehicle or business
3707	establishment, except an emergency vehicle or crime watch
3708	vehicle as herein defined or a place established by municipal,
3709	county, state, or federal authority for governmental purposes,
3710	any frequency modulation radio receiving equipment so adjusted
3711	or tuned as to receive messages or signals on frequencies
3712	assigned by the Federal Communications Commission to police or
3713	law enforcement officers or fire rescue personnel of any city or
3714	county of the state or to the state or any of its agencies.
3715	Provided, nothing herein shall be construed to affect any radio
3716	station licensed by the Federal Communications System or to
3717	affect any recognized newspaper or news publication engaged in
3718	covering the news on a full-time basis or any alarm system
3719	contractor certified pursuant to part II of chapter 489,
3720	operating a central monitoring system.
3721	(2)  As used in this section, the term:
3722	(a)  "Emergency vehicle" shall specifically mean:
3723	1.  Any motor vehicle used by any law enforcement officer
3724	or employee of any city, any county, the state, the Federal
3725	Bureau of Investigation, or the Armed Forces of the United
3726	States while on official business;
3727	2.  Any fire department vehicle of any city or county of
3728	the state or any state fire department vehicle;
3729	3.  Any motor vehicle designated as an emergency vehicle by
3730	the Department of Highway Safety and Motor Vehicles when said
3731	vehicle is to be assigned the use of frequencies assigned to the
3732	state;
3733	4.  Any motor vehicle designated as an emergency vehicle by
3734	the sheriff or fire chief of any county in the state when said
3735	vehicle is to be assigned the use of frequencies assigned to the
3736	said county;
3737	5.  Any motor vehicle designated as an emergency vehicle by
3738	the chief of police or fire chief of any city in the state when
3739	said vehicle is to be assigned the use of frequencies assigned
3740	to the said city.
3741	(b)  "Crime watch vehicle" means any motor vehicle used by
3742	any person participating in a citizen crime watch or
3743	neighborhood watch program when such program and use are
3744	approved in writing by the appropriate sheriff or chief of
3745	police where the vehicle will be used and the vehicle is
3746	assigned the use of frequencies assigned to the county or city.
3747	Such approval shall be renewed annually.
3748	(3)  This section shall not apply to any holder of a valid
3749	amateur radio operator or station license issued by the Federal
3750	Communications Commission or to any recognized newspaper or news
3751	publication engaged in covering the news on a full-time basis or
3752	any alarm system contractor certified pursuant to part II of
3753	chapter 489, operating a central monitoring system.
3754	(4)  Any person, firm, or corporation violating any of the
3755	provisions of this section commits shall be deemed guilty of a
3756	misdemeanor of the first second degree, punishable as provided
3757	in s. 775.082 or s. 775.083.
3758	Section 96.  Short title.--This section may be cited as the
3759	"Dori Slosberg Act of 2005."
3760	Section 97.  Subsections (4) and (8) of section 316.614,
3761	Florida Statutes, are amended, present subsection (9) of that
3762	section is redesignated as subsection (10), and a new subsection
3763	(9) is added to that section, to read:
3764	316.614  Safety belt usage.--
3765	(4)  It is unlawful for any person:
3766	(a)  To operate a motor vehicle in this state unless each
3767	passenger and the operator of the vehicle under the age of 18
3768	years is restrained by a safety belt or by a child restraint
3769	device pursuant to s. 316.613, if applicable; or
3770	(b)  To operate a motor vehicle in this state unless the
3771	person is restrained by a safety belt.
3772	(8)  Any person who violates the provisions of this section
3773	commits a nonmoving violation, punishable as provided in chapter
3774	318. However, except for violations of s. 316.613 and paragraph
3775	(4)(a), enforcement of this section by state or local law
3776	enforcement agencies must be accomplished only as a secondary
3777	action when a driver of a motor vehicle has been detained for a
3778	suspected violation of another section of this chapter, chapter
3779	320, or chapter 322.
3780	(9)  By January 1, 2006, each law enforcement agency in
3781	this state shall adopt departmental policies to prohibit the
3782	practice of racial profiling. When a law enforcement officer
3783	issues a citation for a violation of this section, the law
3784	enforcement officer must record the race and ethnicity of the
3785	violator. All law enforcement agencies must maintain such
3786	information and forward the information to the department in a
3787	form and manner determined by the department. The department
3788	shall collect this information by jurisdiction and annually
3789	report the data to the Governor, the President of the Senate,
3790	and the Speaker of the House of Representatives. The report must
3791	show separate statewide totals for the state's county sheriffs
3792	and municipal law enforcement agencies, state law enforcement
3793	agencies, and state university law enforcement agencies.
3794	Section 98.  Except as otherwise expressly provided in this
3795	act, this act shall take effect July 1, 2005.

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