| 1 | The Military & Veteran Affairs Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to former military vehicles; amending s. |
| 8 | 316.2952, F.S.; defining "former military vehicle"; |
| 9 | exempting such vehicles from certain windshield |
| 10 | requirements; requiring eye-protective devices while such |
| 11 | vehicle is in operation; providing penalties for |
| 12 | violation; amending s. 316.605, F.S.; exempting certain |
| 13 | former military vehicles from license plate display |
| 14 | requirements; amending s. 320.086, F.S.; providing for |
| 15 | issuance of special license plates for certain former |
| 16 | military vehicles; exempting certain former military |
| 17 | vehicles from license plate display requirements; |
| 18 | requiring the plate and registration certificate to be in |
| 19 | the vehicle and available for inspection; defining "former |
| 20 | military vehicle"; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Subsection (6) of section 316.2952, Florida |
| 25 | Statutes, is renumbered as subsection (7), and a new subsection |
| 26 | (6) is added to said section, to read: |
| 27 | 316.2952 Windshields; requirements; restrictions.-- |
| 28 | (6) A former military vehicle is exempt from the |
| 29 | requirements of this section if the department determines that |
| 30 | the exemption is necessary to maintain the vehicle's accurate |
| 31 | military design and markings. However, whenever the vehicle is |
| 32 | operating on the public roads and highways, the operator and |
| 33 | passengers must wear eye-protective devices approved by the |
| 34 | department. For purposes of this subsection, "former military |
| 35 | vehicle" means a vehicle, including a trailer, regardless of the |
| 36 | vehicle's size, weight, or year of manufacture, that was |
| 37 | manufactured for use in any country's military forces and is |
| 38 | maintained to represent its military design and markings |
| 39 | accurately. |
| 40 | (7)(6) A violation of this section is a noncriminal |
| 41 | traffic infraction, punishable as a nonmoving violation as |
| 42 | provided in chapter 318. |
| 43 | Section 2. Subsection (1) of section 316.605, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 316.605 Licensing of vehicles.-- |
| 46 | (1) Every vehicle, at all times while driven, stopped, or |
| 47 | parked upon any highways, roads, or streets of this state, shall |
| 48 | be licensed in the name of the owner thereof in accordance with |
| 49 | the laws of this state unless such vehicle is not required by |
| 50 | the laws of this state to be licensed in this state and shall, |
| 51 | except as otherwise provided in s. 320.0706 for front-end |
| 52 | registration license plates on truck tractors and s. 320.086(5) |
| 53 | which exempts display of license plates on described former |
| 54 | military vehicles, display the license plate or both of the |
| 55 | license plates assigned to it by the state, one on the rear and, |
| 56 | if two, the other on the front of the vehicle, each to be |
| 57 | securely fastened to the vehicle outside the main body of the |
| 58 | vehicle in such manner as to prevent the plates from swinging, |
| 59 | with all letters, numerals, printing, writing, and other |
| 60 | identification marks upon the plates clear and distinct and free |
| 61 | from defacement, mutilation, grease, and other obscuring matter, |
| 62 | so that they will be plainly visible and legible at all times |
| 63 | 100 feet from the rear or front. Nothing shall be placed upon |
| 64 | the face of a Florida plate except as permitted by law or by |
| 65 | rule or regulation of a governmental agency. No license plates |
| 66 | other than those furnished by the state shall be used. However, |
| 67 | if the vehicle is not required to be licensed in this state, the |
| 68 | license plates on such vehicle issued by another state, by a |
| 69 | territory, possession, or district of the United States, or by a |
| 70 | foreign country, substantially complying with the provisions |
| 71 | hereof, shall be considered as complying with this chapter. A |
| 72 | violation of this subsection is a noncriminal traffic |
| 73 | infraction, punishable as a nonmoving violation as provided in |
| 74 | chapter 318. |
| 75 | Section 3. Section 320.086, Florida Statutes, is amended |
| 76 | to read: |
| 77 | 320.086 Ancient or antique motor vehicles; "horseless |
| 78 | carriage," antique, or historical license plates; former |
| 79 | military vehicles.-- |
| 80 | (1) The owner of a motor vehicle for private use |
| 81 | manufactured in 1945 or earlier, equipped with an engine |
| 82 | manufactured in 1945 or earlier or manufactured to the |
| 83 | specifications of the original engine, and operated on the |
| 84 | streets and highways of this state shall, upon application in |
| 85 | the manner and at the time prescribed by the department and upon |
| 86 | payment of the license tax for an ancient motor vehicle |
| 87 | prescribed by s. 320.08(1)(d), (2)(a), or (3)(e), be issued a |
| 88 | special license plate for such motor vehicle. The license plate |
| 89 | shall be permanent and valid for use without renewal so long as |
| 90 | the vehicle is in existence. In addition to the payment of all |
| 91 | other fees required by law, the applicant shall pay such fee for |
| 92 | the issuance of the special license plate as may be prescribed |
| 93 | by the department commensurate with the cost of its manufacture. |
| 94 | The registration numbers and special license plates assigned to |
| 95 | such motor vehicles shall run in a separate numerical series, |
| 96 | commencing with "Horseless Carriage No. 1," and the plates shall |
| 97 | be of a distinguishing color. |
| 98 | (2)(a) The owner of a motor vehicle for private use |
| 99 | manufactured after 1945 and of the age of 30 years or more after |
| 100 | the date of manufacture, equipped with an engine of the age of |
| 101 | 30 years or more after the date of manufacture, and operated on |
| 102 | the streets and highways of this state may, upon application in |
| 103 | the manner and at the time prescribed by the department and upon |
| 104 | payment of the license tax prescribed by s. 320.08(1)(d), |
| 105 | (2)(a), or (3)(e), be issued a special license plate for such |
| 106 | motor vehicle. In addition to the payment of all other fees |
| 107 | required by law, the applicant shall pay the fee for the |
| 108 | issuance of the special license plate prescribed by the |
| 109 | department, commensurate with the cost of its manufacture. The |
| 110 | registration numbers and special license plates assigned to such |
| 111 | motor vehicles shall run in a separate numerical series, |
| 112 | commencing with "Antique No. 1," and the plates shall be of a |
| 113 | distinguishing color. The owner of the motor vehicle may, upon |
| 114 | application and payment of the license tax prescribed by s. |
| 115 | 320.08, be issued a regular Florida license plate or specialty |
| 116 | license plate in lieu of the special "Antique" license plate. |
| 117 | (b) Motor vehicles licensed under this section which have |
| 118 | been issued a permanent license plate prior to October 1, 1999, |
| 119 | shall maintain such plate unless the vehicle is transferred to a |
| 120 | new owner. Motor vehicles licensed under this section which have |
| 121 | been issued a "Collectible" license plate prior to October 1, |
| 122 | 1999, may retain that license plate until the next regularly |
| 123 | scheduled replacement. |
| 124 | (3) The owner of an ancient or antique firefighting |
| 125 | apparatus, former military vehicle, or other historical motor |
| 126 | vehicle or trailer identifiable as a military trailer 30 years |
| 127 | old or older which is used only in exhibitions, parades, or |
| 128 | public display, may, upon application in the manner and at the |
| 129 | time prescribed by the department and upon payment of the |
| 130 | license tax prescribed by s. 320.08(2)(a), be issued a license |
| 131 | plate as prescribed in subsection (1) or subsection (2). License |
| 132 | plates issued under this subsection shall be permanent and valid |
| 133 | for use without renewal as long as the vehicle is in existence |
| 134 | and its use is consistent with this subsection. |
| 135 | (4) Any person who is the registered owner of a motor |
| 136 | vehicle as defined in this section and manufactured in the model |
| 137 | year 1974 or earlier, may apply to the department for permission |
| 138 | to use a historical Florida license plate that clearly |
| 139 | represents the model year of the vehicle as a personalized |
| 140 | prestige license plate. This plate shall be furnished by such |
| 141 | person and shall be presented to the department with a |
| 142 | reasonable fee to be determined by the department for approval |
| 143 | and for authentication that the historic license plate and any |
| 144 | applicable decals were issued by this state in the same year as |
| 145 | the model year of the car or truck. The requirements of s. |
| 146 | 320.0805(8)(b) do not apply to historical plates authorized |
| 147 | under this subsection. |
| 148 | (5) A former military vehicle that is used only in |
| 149 | exhibitions, parades, or public display is exempt from the |
| 150 | requirement to display a license plate or registration insignia |
| 151 | if the exemption is necessary to maintain the vehicle's accurate |
| 152 | military markings. However, the license plate and registration |
| 153 | certificate issued under this section must be carried within the |
| 154 | vehicle and available for inspection by any law enforcement |
| 155 | officer. |
| 156 | (6) For purposes of this section, "former military |
| 157 | vehicle" means a vehicle, including a trailer, regardless of the |
| 158 | vehicle's size, weight, or year of manufacture, that was |
| 159 | manufactured for use in any country's military forces and is |
| 160 | maintained to represent its military design and markings |
| 161 | accurately. |
| 162 | Section 4. This act shall take effect July 1, 2005. |