| 1 | The Transportation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to motor vehicles; amending s. 316.2952, |
| 7 | F.S.; defining "former military vehicle"; exempting such |
| 8 | vehicles from certain windshield requirements; requiring |
| 9 | eye-protective devices while such vehicle is in operation; |
| 10 | providing penalties for violation; amending s. 316.605, |
| 11 | F.S.; exempting certain former military vehicles from |
| 12 | license plate display requirements; amending s. 320.086, |
| 13 | F.S.; providing for issuance of special license plates for |
| 14 | certain former military vehicles; exempting certain former |
| 15 | military vehicles from license plate display requirements; |
| 16 | requiring the plate and registration certificate to be in |
| 17 | the vehicle and available for inspection; defining "former |
| 18 | military vehicle"; amending s. 320.089, F.S.; providing |
| 19 | for a Combat Infantry Badge license plate for active or |
| 20 | retired United States Army personnel who have been awarded |
| 21 | the Combat Infantry Badge; amending s. 320.10, F.S.; |
| 22 | exempting motor vehicles owned and operated exclusively |
| 23 | for the Daily Bread Food Bank from specified license |
| 24 | taxes; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Subsection (6) of section 316.2952, Florida |
| 29 | Statutes, is renumbered as subsection (7), and a new subsection |
| 30 | (6) is added to said section, to read: |
| 31 | 316.2952 Windshields; requirements; restrictions.-- |
| 32 | (6) A former military vehicle is exempt from the |
| 33 | requirements of this section if the department determines that |
| 34 | the exemption is necessary to maintain the vehicle's accurate |
| 35 | military design and markings. However, whenever the vehicle is |
| 36 | operating on the public roads and highways, the operator and |
| 37 | passengers must wear eye-protective devices approved by the |
| 38 | department. For purposes of this subsection, "former military |
| 39 | vehicle" means a vehicle, including a trailer, regardless of the |
| 40 | vehicle's size, weight, or year of manufacture, that was |
| 41 | manufactured for use in any country's military forces and is |
| 42 | maintained to represent its military design and markings |
| 43 | accurately. |
| 44 | (7)(6) A violation of this section is a noncriminal |
| 45 | traffic infraction, punishable as a nonmoving violation as |
| 46 | provided in chapter 318. |
| 47 | Section 2. Subsection (1) of section 316.605, Florida |
| 48 | Statutes, is amended to read: |
| 49 | 316.605 Licensing of vehicles.-- |
| 50 | (1) Every vehicle, at all times while driven, stopped, or |
| 51 | parked upon any highways, roads, or streets of this state, shall |
| 52 | be licensed in the name of the owner thereof in accordance with |
| 53 | the laws of this state unless such vehicle is not required by |
| 54 | the laws of this state to be licensed in this state and shall, |
| 55 | except as otherwise provided in s. 320.0706 for front-end |
| 56 | registration license plates on truck tractors and s. 320.086(5) |
| 57 | which exempts display of license plates on described former |
| 58 | military vehicles, display the license plate or both of the |
| 59 | license plates assigned to it by the state, one on the rear and, |
| 60 | if two, the other on the front of the vehicle, each to be |
| 61 | securely fastened to the vehicle outside the main body of the |
| 62 | vehicle in such manner as to prevent the plates from swinging, |
| 63 | with all letters, numerals, printing, writing, and other |
| 64 | identification marks upon the plates clear and distinct and free |
| 65 | from defacement, mutilation, grease, and other obscuring matter, |
| 66 | so that they will be plainly visible and legible at all times |
| 67 | 100 feet from the rear or front. Nothing shall be placed upon |
| 68 | the face of a Florida plate except as permitted by law or by |
| 69 | rule or regulation of a governmental agency. No license plates |
| 70 | other than those furnished by the state shall be used. However, |
| 71 | if the vehicle is not required to be licensed in this state, the |
| 72 | license plates on such vehicle issued by another state, by a |
| 73 | territory, possession, or district of the United States, or by a |
| 74 | foreign country, substantially complying with the provisions |
| 75 | hereof, shall be considered as complying with this chapter. A |
| 76 | violation of this subsection is a noncriminal traffic |
| 77 | infraction, punishable as a nonmoving violation as provided in |
| 78 | chapter 318. |
| 79 | Section 3. Section 320.086, Florida Statutes, is amended |
| 80 | to read: |
| 81 | 320.086 Ancient or antique motor vehicles; "horseless |
| 82 | carriage," antique, or historical license plates; former |
| 83 | military vehicles.-- |
| 84 | (1) The owner of a motor vehicle for private use |
| 85 | manufactured in 1945 or earlier, equipped with an engine |
| 86 | manufactured in 1945 or earlier or manufactured to the |
| 87 | specifications of the original engine, and operated on the |
| 88 | streets and highways of this state shall, upon application in |
| 89 | the manner and at the time prescribed by the department and upon |
| 90 | payment of the license tax for an ancient motor vehicle |
| 91 | prescribed by s. 320.08(1)(d), (2)(a), or (3)(e), be issued a |
| 92 | special license plate for such motor vehicle. The license plate |
| 93 | shall be permanent and valid for use without renewal so long as |
| 94 | the vehicle is in existence. In addition to the payment of all |
| 95 | other fees required by law, the applicant shall pay such fee for |
| 96 | the issuance of the special license plate as may be prescribed |
| 97 | by the department commensurate with the cost of its manufacture. |
| 98 | The registration numbers and special license plates assigned to |
| 99 | such motor vehicles shall run in a separate numerical series, |
| 100 | commencing with "Horseless Carriage No. 1," and the plates shall |
| 101 | be of a distinguishing color. |
| 102 | (2)(a) The owner of a motor vehicle for private use |
| 103 | manufactured after 1945 and of the age of 30 years or more after |
| 104 | the date of manufacture, equipped with an engine of the age of |
| 105 | 30 years or more after the date of manufacture, and operated on |
| 106 | the streets and highways of this state may, upon application in |
| 107 | the manner and at the time prescribed by the department and upon |
| 108 | payment of the license tax prescribed by s. 320.08(1)(d), |
| 109 | (2)(a), or (3)(e), be issued a special license plate for such |
| 110 | motor vehicle. In addition to the payment of all other fees |
| 111 | required by law, the applicant shall pay the fee for the |
| 112 | issuance of the special license plate prescribed by the |
| 113 | department, commensurate with the cost of its manufacture. The |
| 114 | registration numbers and special license plates assigned to such |
| 115 | motor vehicles shall run in a separate numerical series, |
| 116 | commencing with "Antique No. 1," and the plates shall be of a |
| 117 | distinguishing color. The owner of the motor vehicle may, upon |
| 118 | application and payment of the license tax prescribed by s. |
| 119 | 320.08, be issued a regular Florida license plate or specialty |
| 120 | license plate in lieu of the special "Antique" license plate. |
| 121 | (b) Motor vehicles licensed under this section which have |
| 122 | been issued a permanent license plate prior to October 1, 1999, |
| 123 | shall maintain such plate unless the vehicle is transferred to a |
| 124 | new owner. Motor vehicles licensed under this section which have |
| 125 | been issued a "Collectible" license plate prior to October 1, |
| 126 | 1999, may retain that license plate until the next regularly |
| 127 | scheduled replacement. |
| 128 | (3) The owner of an ancient or antique firefighting |
| 129 | apparatus, former military vehicle, or other historical motor |
| 130 | vehicle or trailer identifiable as a military trailer 30 years |
| 131 | old or older which is used only in exhibitions, parades, or |
| 132 | public display, may, upon application in the manner and at the |
| 133 | time prescribed by the department and upon payment of the |
| 134 | license tax prescribed by s. 320.08(2)(a), be issued a license |
| 135 | plate as prescribed in subsection (1) or subsection (2). License |
| 136 | plates issued under this subsection shall be permanent and valid |
| 137 | for use without renewal as long as the vehicle is in existence |
| 138 | and its use is consistent with this subsection. |
| 139 | (4) Any person who is the registered owner of a motor |
| 140 | vehicle as defined in this section and manufactured in the model |
| 141 | year 1974 or earlier, may apply to the department for permission |
| 142 | to use a historical Florida license plate that clearly |
| 143 | represents the model year of the vehicle as a personalized |
| 144 | prestige license plate. This plate shall be furnished by such |
| 145 | person and shall be presented to the department with a |
| 146 | reasonable fee to be determined by the department for approval |
| 147 | and for authentication that the historic license plate and any |
| 148 | applicable decals were issued by this state in the same year as |
| 149 | the model year of the car or truck. The requirements of s. |
| 150 | 320.0805(8)(b) do not apply to historical plates authorized |
| 151 | under this subsection. |
| 152 | (5) A former military vehicle that is used only in |
| 153 | exhibitions, parades, or public display is exempt from the |
| 154 | requirement to display a license plate or registration insignia |
| 155 | if the exemption is necessary to maintain the vehicle's accurate |
| 156 | military markings. However, the license plate and registration |
| 157 | certificate issued under this section must be carried within the |
| 158 | vehicle and available for inspection by any law enforcement |
| 159 | officer. |
| 160 | (6) For purposes of this section, "former military |
| 161 | vehicle" means a vehicle, including a trailer, regardless of the |
| 162 | vehicle's size, weight, or year of manufacture, that was |
| 163 | manufactured for use in any country's military forces and is |
| 164 | maintained to represent its military design and markings |
| 165 | accurately. |
| 166 | Section 4. Subsection (1) of section 320.089, Florida |
| 167 | Statutes, is amended to read: |
| 168 | 320.089 Members of National Guard and active United States |
| 169 | Armed Forces reservists; Combat Infantry Badge recipients; |
| 170 | former prisoners of war; survivors of Pearl Harbor; Purple Heart |
| 171 | medal recipients; special license plates; fee.-- |
| 172 | (1)(a) Each owner or lessee of an automobile or truck for |
| 173 | private use or recreational vehicle as specified in s. |
| 174 | 320.08(9)(c) or (d), which is not used for hire or commercial |
| 175 | use, who is a resident of the state and an active or retired |
| 176 | member of the Florida National Guard, an active or retired |
| 177 | member of the United States Army who received the Combat |
| 178 | Infantry Badge, a survivor of the attack on Pearl Harbor, a |
| 179 | recipient of the Purple Heart medal, or an active member of any |
| 180 | branch of the United States Armed Forces Reserve shall, upon |
| 181 | application to the department, accompanied by proof of active |
| 182 | membership or retired status in the Florida National Guard, |
| 183 | proof of being a Combat Infantry Badge recipient, proof of |
| 184 | membership in the Pearl Harbor Survivors Association or proof of |
| 185 | active military duty in Pearl Harbor on December 7, 1941, proof |
| 186 | of being a Purple Heart medal recipient, or proof of active |
| 187 | membership in any branch of the Armed Forces Reserve, and upon |
| 188 | payment of the license tax for the vehicle as provided in s. |
| 189 | 320.08, be issued a license plate as provided by s. 320.06, upon |
| 190 | which, in lieu of the serial numbers prescribed by s. 320.06, |
| 191 | shall be stamped the words "National Guard," "Combat Infantry |
| 192 | Badge," "Pearl Harbor Survivor," "Combat-wounded veteran," or |
| 193 | "U.S. Reserve," as appropriate, followed by the serial number of |
| 194 | the license plate. Additionally, the Purple Heart plate may have |
| 195 | the words "Purple Heart" stamped on the plate and the likeness |
| 196 | of the Purple Heart medal appearing on the plate, and the Combat |
| 197 | Infantry Badge plate may have the words "Combat Infantry Badge" |
| 198 | stamped on the plate and the likeness of the Combat Infantry |
| 199 | Badge appearing on the plate. |
| 200 | (b) Notwithstanding any other provision of law to the |
| 201 | contrary, beginning with fiscal year 2002-2003 and annually |
| 202 | thereafter, the first $100,000 in general revenue generated from |
| 203 | the sale of license plates issued under this section which are |
| 204 | stamped with the words "National Guard," "Combat Infantry |
| 205 | Badge," "Pearl Harbor Survivor," "Combat-wounded veteran," or |
| 206 | "U.S. Reserve" shall be deposited into the Grants and Donations |
| 207 | Trust Fund, as described in s. 296.38(2), to be used for the |
| 208 | purposes established by law for that trust fund. |
| 209 | (c) Notwithstanding any provisions of law to the contrary, |
| 210 | an applicant for a Pearl Harbor Survivor license plate, or a |
| 211 | Purple Heart license plate, or a Combat Infantry Badge license |
| 212 | plate who also qualifies for a disabled veteran's license plate |
| 213 | under s. 320.084 shall be issued the appropriate special license |
| 214 | plate without payment of the license tax imposed by s. 320.08. |
| 215 | Section 5. Paragraph (c) of subsection (1) of section |
| 216 | 320.10, Florida Statutes, is amended to read: |
| 217 | 320.10 Exemptions.-- |
| 218 | (1) The provisions of s. 320.08 do not apply to: |
| 219 | (c) Any motor vehicle owned and operated exclusively for |
| 220 | the benefit of the Boys' Clubs of America, the National Audubon |
| 221 | Society, the National Children's Cardiac Hospital, any humane |
| 222 | society, any nationally chartered veterans' organization that |
| 223 | maintains a state headquarters in this state, the Children's |
| 224 | Bible Mission, the Boy Scouts of America, the Girl Scouts of |
| 225 | America, the Salvation Army, the American National Red Cross, |
| 226 | the United Service Organization, any local member unit of the |
| 227 | National Urban League which provides free services to municipal |
| 228 | and county residents who are in need of such services, the Young |
| 229 | Men's Christian Association, the Young Men's Hebrew Association, |
| 230 | the Camp Fire Girls' Council, the Young Women's Christian |
| 231 | Association, the Young Women's Hebrew Association, any local |
| 232 | member unit of the Association for Retarded Citizens, the |
| 233 | Children's Home Society of Florida, the Daily Bread Food Bank, |
| 234 | or the Goodwill Industries. A not-for-profit organization named |
| 235 | in this paragraph and its local affiliate organizations shall be |
| 236 | eligible for the exemption for so long as each maintains current |
| 237 | articles of incorporation on file with the Department of State |
| 238 | and qualifies as a not-for-profit organization under s. 212.08; |
| 239 | Section 6. This act shall take effect July 1, 2005. |