HB 0623

1
A bill to be entitled
2An act relating to former military vehicles; amending s.
3316.2952, F.S.; defining "former military vehicle";
4exempting such vehicles from certain windshield
5requirements; requiring eye-protective devices while such
6vehicle is in operation; providing penalties for
7violation; amending s. 316.605, F.S.; exempting certain
8former military vehicles from license plate display
9requirements; amending s. 320.086, F.S.; providing for
10issuance of special license plates for certain former
11military vehicles; exempting certain former military
12vehicles from license plate display requirements;
13requiring the plate and registration certificate to be in
14the vehicle and available for inspection; defining "former
15military vehicle"; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsection (6) of section 316.2952, Florida
20Statutes, is renumbered as subsection (7), and a new subsection
21(6) is added to said section, to read:
22     316.2952  Windshields; requirements; restrictions.--
23     (6)  A former military vehicle is exempt from the
24requirements of this section if the department determines that
25the exemption is necessary to maintain the vehicle's accurate
26military design and markings. However, whenever the vehicle is
27operating on the public roads and highways, the operator and
28passengers must wear eye-protective devices approved by the
29department. For purposes of this subsection, "former military
30vehicle" means a vehicle, including a trailer, regardless of the
31vehicle's size, weight, or year of manufacture, that was
32manufactured for use in any country's military forces and is
33maintained to represent its military design and markings
34accurately.
35     (7)(6)  A violation of this section is a noncriminal
36traffic infraction, punishable as a nonmoving violation as
37provided in chapter 318.
38     Section 2.  Subsection (1) of section 316.605, Florida
39Statutes, is amended to read:
40     316.605  Licensing of vehicles.--
41     (1)  Every vehicle, at all times while driven, stopped, or
42parked upon any highways, roads, or streets of this state, shall
43be licensed in the name of the owner thereof in accordance with
44the laws of this state unless such vehicle is not required by
45the laws of this state to be licensed in this state and shall,
46except as otherwise provided in s. 320.0706 for front-end
47registration license plates on truck tractors and s. 320.086(5)
48which exempts display of license plates on described former
49military vehicles, display the license plate or both of the
50license plates assigned to it by the state, one on the rear and,
51if two, the other on the front of the vehicle, each to be
52securely fastened to the vehicle outside the main body of the
53vehicle in such manner as to prevent the plates from swinging,
54with all letters, numerals, printing, writing, and other
55identification marks upon the plates clear and distinct and free
56from defacement, mutilation, grease, and other obscuring matter,
57so that they will be plainly visible and legible at all times
58100 feet from the rear or front. Nothing shall be placed upon
59the face of a Florida plate except as permitted by law or by
60rule or regulation of a governmental agency. No license plates
61other than those furnished by the state shall be used. However,
62if the vehicle is not required to be licensed in this state, the
63license plates on such vehicle issued by another state, by a
64territory, possession, or district of the United States, or by a
65foreign country, substantially complying with the provisions
66hereof, shall be considered as complying with this chapter. A
67violation of this subsection is a noncriminal traffic
68infraction, punishable as a nonmoving violation as provided in
69chapter 318.
70     Section 3.  Section 320.086, Florida Statutes, is amended
71to read:
72     320.086  Ancient or antique motor vehicles; "horseless
73carriage," antique, or historical license plates; former
74military vehicles.--
75     (1)  The owner of a motor vehicle for private use
76manufactured in 1945 or earlier, equipped with an engine
77manufactured in 1945 or earlier or manufactured to the
78specifications of the original engine, and operated on the
79streets and highways of this state shall, upon application in
80the manner and at the time prescribed by the department and upon
81payment of the license tax for an ancient motor vehicle
82prescribed by s. 320.08(1)(d), (2)(a), or (3)(e), be issued a
83special license plate for such motor vehicle. The license plate
84shall be permanent and valid for use without renewal so long as
85the vehicle is in existence. In addition to the payment of all
86other fees required by law, the applicant shall pay such fee for
87the issuance of the special license plate as may be prescribed
88by the department commensurate with the cost of its manufacture.
89The registration numbers and special license plates assigned to
90such motor vehicles shall run in a separate numerical series,
91commencing with "Horseless Carriage No. 1," and the plates shall
92be of a distinguishing color.
93     (2)(a)  The owner of a motor vehicle for private use
94manufactured after 1945 and of the age of 30 years or more after
95the date of manufacture, equipped with an engine of the age of
9630 years or more after the date of manufacture, and operated on
97the streets and highways of this state may, upon application in
98the manner and at the time prescribed by the department and upon
99payment of the license tax prescribed by s. 320.08(1)(d),
100(2)(a), or (3)(e), be issued a special license plate for such
101motor vehicle. In addition to the payment of all other fees
102required by law, the applicant shall pay the fee for the
103issuance of the special license plate prescribed by the
104department, commensurate with the cost of its manufacture. The
105registration numbers and special license plates assigned to such
106motor vehicles shall run in a separate numerical series,
107commencing with "Antique No. 1," and the plates shall be of a
108distinguishing color. The owner of the motor vehicle may, upon
109application and payment of the license tax prescribed by s.
110320.08, be issued a regular Florida license plate or specialty
111license plate in lieu of the special "Antique" license plate.
112     (b)  Motor vehicles licensed under this section which have
113been issued a permanent license plate prior to October 1, 1999,
114shall maintain such plate unless the vehicle is transferred to a
115new owner. Motor vehicles licensed under this section which have
116been issued a "Collectible" license plate prior to October 1,
1171999, may retain that license plate until the next regularly
118scheduled replacement.
119     (3)  The owner of an ancient or antique firefighting
120apparatus, former military vehicle, or other historical motor
121vehicle or trailer identifiable as a military trailer 30 years
122old or older which is used only in exhibitions, parades, or
123public display, may, upon application in the manner and at the
124time prescribed by the department and upon payment of the
125license tax prescribed by s. 320.08(2)(a), be issued a license
126plate as prescribed in subsection (1) or subsection (2). License
127plates issued under this subsection shall be permanent and valid
128for use without renewal as long as the vehicle is in existence
129and its use is consistent with this subsection.
130     (4)  Any person who is the registered owner of a motor
131vehicle as defined in this section and manufactured in the model
132year 1974 or earlier, may apply to the department for permission
133to use a historical Florida license plate that clearly
134represents the model year of the vehicle as a personalized
135prestige license plate. This plate shall be furnished by such
136person and shall be presented to the department with a
137reasonable fee to be determined by the department for approval
138and for authentication that the historic license plate and any
139applicable decals were issued by this state in the same year as
140the model year of the car or truck. The requirements of s.
141320.0805(8)(b) do not apply to historical plates authorized
142under this subsection.
143     (5)  A former military vehicle that is used only in
144exhibitions, parades, or public display is exempt from the
145requirement to display a license plate or registration insignia
146if the exemption is necessary to maintain the vehicle's accurate
147military markings. However, the license plate and registration
148certificate issued under this section must be carried within the
149vehicle and available for inspection by any law enforcement
150officer.
151     (6)  For purposes of this section, "former military
152vehicle" means a vehicle, including a trailer, regardless of the
153vehicle's size, weight, or year of manufacture, that was
154manufactured for use in any country's military forces and is
155maintained to represent its military design and markings
156accurately.
157     Section 4.  This act shall take effect July 1, 2005.


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