Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 7079, 2nd Eng.
                        Barcode 220694
                            CHAMBER ACTION
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       05/04/2006 12:02 PM         .                    
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11  Senator Sebesta moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 207.008, Florida Statutes, is
18  amended to read:
19         207.008  Retention of records by motor carrier.--Each
20  registered motor carrier shall maintain and keep pertinent
21  records and papers as may be required by the department for
22  the reasonable administration of this chapter and shall
23  preserve the records upon which each quarterly tax return is
24  based for 4 years following the due date or filing date of the
25  return, whichever is later such records as long as required by
26  s. 213.35.
27         Section 2.  Section 207.021, Florida Statutes, is
28  amended to read:
29         207.021  Informal conferences; settlement or compromise
30  of taxes, penalties, or interest.--
31         (1)(a)  The department may adopt rules for establishing
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 informal conferences for the resolution of disputes arising 2 from the assessment of taxes, penalties, or interest or the 3 denial of refunds under chapter 120. 4 (b) During any proceeding arising under this section, 5 the motor carrier has the right to be represented and to 6 record all procedures at the motor carrier's expense. 7 (2)(a) The executive director or his or her designee 8 may enter into a closing agreement with a taxpayer settling or 9 compromising the taxpayer's liability for any tax, interest, 10 or penalty assessed under this chapter. Each agreement must be 11 in writing, in the form of a closing agreement approved by the 12 department, and signed by the executive director or his or her 13 designee. The agreement is final and conclusive, except upon a 14 showing of material fraud or misrepresentation of material 15 fact. The department may not make an additional assessment 16 against the taxpayer for the tax, interest, or penalty 17 specified in the closing agreement for the time specified in 18 the closing agreement, and the taxpayer may not institute a 19 judicial or administrative proceeding to recover any tax, 20 interest, or penalty paid pursuant to the closing agreement. 21 The executive director of the department or his or her 22 designee may approve the closing agreement. 23 (b) Notwithstanding paragraph (a), for the purpose of 24 settling and compromising the liability of a taxpayer for any 25 tax or interest on the grounds of doubt as to liability based 26 on the taxpayer's reasonable reliance on a written 27 determination issued by the department, the department may 28 compromise the amount of the tax or interest resulting from 29 such reasonable reliance. 30 (3) A taxpayer's liability for any tax or interest 31 specified in this chapter may be compromised by the department 2 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 upon the grounds of doubt as to liability for or the 2 collectibility of such tax or interest. Doubt as to the 3 liability of a taxpayer for tax and interest exists if the 4 taxpayer demonstrates that he or she reasonably relied on a 5 written determination of the department. 6 (4) A taxpayer's liability for any tax or interest 7 under this chapter shall be settled or compromised in whole or 8 in part whenever or to the extent allowable under the Articles 9 of Agreement of the International Fuel Tax Agreement. 10 (5) A taxpayer's liability for penalties under this 11 chapter may be settled or compromised if it is determined by 12 the department that the noncompliance is due to reasonable 13 cause and not willful negligence, willful neglect, or fraud. 14 (6) The department may enter into an agreement for 15 scheduling payments of any tax, penalty, or interest owed to 16 the department as a result of an audit assessment issued under 17 this chapter. The department may settle or compromise, 18 pursuant to s. 213.21, penalties or interest imposed under 19 this chapter. 20 Section 3. Effective July 1, 2008, section 261.10, 21 Florida Statutes, is amended to read: 22 261.10 Criteria for recreation areas and trails; 23 limitation on liability.-- 24 (1) Publicly owned or operated off-highway vehicle 25 recreation areas and trails shall be designated and maintained 26 for recreational travel by off-highway vehicles. These areas 27 and trails need not be generally suitable or maintained for 28 normal travel by conventional two-wheel-drive vehicles and 29 should not be designated as recreational footpaths. State 30 off-highway vehicle recreation areas and trails must be 31 selected and managed in accordance with this chapter. 3 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 (2) State agencies, water management districts, 2 counties, and municipalities, and officers and employees 3 thereof, which provide off-highway recreation areas and trails 4 on publicly owned land are not liable for damage to personal 5 property or personal injury or death to any person resulting 6 from participation in the inherently dangerous risks of 7 off-highway vehicle recreation. This subsection does not limit 8 liability that would otherwise exist for an act of negligence 9 by a state agency, water management district, county, or 10 municipality, or officer or employee thereof, which is the 11 proximate cause of the damage, injury, or death. Nothing in 12 this subsection creates a duty of care or basis of liability 13 for death, personal injury, or damage to personal property, 14 nor shall anything in this subsection be deemed to be a waiver 15 of sovereign immunity under any circumstances. 16 Section 4. Effective July 1, 2008, section 261.20, 17 Florida Statutes, is created to read: 18 261.20 Operations of off-highway vehicles on public 19 lands; restrictions; safety courses; required equipment; 20 prohibited acts; penalties.-- 21 (1) This section applies only to the operation of 22 off-highway vehicles on public lands. 23 (2) Any person operating an off-highway vehicle as 24 permitted in this section who has not attained 16 years of age 25 must be supervised by an adult while operating the off-highway 26 vehicle. 27 (3) Effective July 1, 2008, while operating an 28 off-highway vehicle, a person who has not attained 16 years of 29 age must have in his or her possession a certificate 30 evidencing the satisfactory completion of an approved 31 off-highway vehicle safety course in this state or another 4 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 jurisdiction. A nonresident who has not attained 16 years of 2 age and who is in this state temporarily for a period not to 3 exceed 30 days is exempt from this subsection. Nothing 4 contained in this chapter shall prohibit an agency from 5 requiring additional safety-education courses for all 6 operators. 7 (4)(a) The department shall approve all off-highway 8 vehicle public safety-education programs required by this 9 chapter as a condition for operating on public lands. 10 (b) An off-highway vehicle must be equipped with a 11 spark arrester that is approved by the United States 12 Department of Agriculture Forest Service, a braking system, 13 and a muffler, all in operating condition. 14 (c) On and after July 1, 2008, off-highway vehicles, 15 when operating pursuant to this chapter, shall be equipped 16 with a silencer or other device which limits sound emissions. 17 Exhaust noise must not exceed 96 decibels in the A-weighting 18 scale for vehicles manufactured after January 1, 1986, or 99 19 decibels in the A-weighting scale for vehicles manufactured 20 before January 1, 1986, when measured from a distance of 20 21 inches using test procedures established by the Society of 22 Automotive Engineers under Standard J-1287. Off-highway 23 vehicle manufacturers or their agents prior to the sale to the 24 general public in this state of any new off-highway vehicle 25 model manufactured after January 1, 2008, shall provide to the 26 department revolutions-per-minute data needed to conduct the 27 J-1287 test, where applicable. 28 (d) An off-highway vehicle that is operated between 29 sunset and sunrise, or when visibility is reduced because of 30 rain, smoke, or smog, must display a lighted headlamp and 31 taillamp unless the use of such lights is prohibited by other 5 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 laws, such as a prohibition on the use of lights when hunting 2 at night. 3 (e) An off-highway vehicle that is used in certain 4 organized and sanctioned competitive events being held on a 5 closed course may be exempted by departmental rule from any 6 equipment requirement in this subsection. 7 (5) It is a violation of this section: 8 (a) To carry a passenger on an off-highway vehicle, 9 unless the machine is specifically designed by the 10 manufacturer to carry an operator and a single passenger. 11 (b) To operate an off-highway vehicle while under the 12 influence of alcohol, a controlled substance, or any 13 prescription or over-the-counter drug that impairs vision or 14 motor condition. 15 (c) For a person who has not attained 16 years of age, 16 to operate an off-highway vehicle without wearing eye 17 protection, over-the-ankle boots, and a safety helmet that is 18 approved by the United States Department of Transportation or 19 Snell Memorial Foundation. 20 (d) To operate an off-highway vehicle in a careless or 21 reckless manner that endangers or causes injury or damage to 22 another person or property. 23 (6) Any person who violates this section commits a 24 noncriminal infraction and is subject to a fine of not less 25 than $100, and may have his or her privilege to operate an ATV 26 on public lands revoked. However, a person who commits such 27 acts with intent to defraud, or who commits a second or 28 subsequent violation, is subject to a fine of not less than 29 $500 and may have his or her privilege to operate an ATV on 30 public lands revoked. 31 (7) Public land managing agencies, through the course 6 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 of their management activities, are exempt from the provisions 2 of subsection (5)(a). 3 Section 5. Subsection (43) of section 316.003, Florida 4 Statutes, is amended to read: 5 316.003 Definitions.--The following words and phrases, 6 when used in this chapter, shall have the meanings 7 respectively ascribed to them in this section, except where 8 the context otherwise requires: 9 (43) SADDLE MOUNT; FULL MOUNT.--An arrangement whereby 10 the front wheels of one vehicle rest in a secured position 11 upon another vehicle. All of the wheels of the towing vehicle 12 are upon the ground and only the rear wheels of the towed 13 vehicle rest upon the ground. Such combinations may include 14 one full mount, whereby a smaller transport vehicle is placed 15 completely on the last towed vehicle. 16 Section 6. Paragraph (b) of subsection (2) and 17 paragraph (b) of subsection (3) of section 316.006, Florida 18 Statutes, are amended to read: 19 316.006 Jurisdiction.--Jurisdiction to control traffic 20 is vested as follows: 21 (2) MUNICIPALITIES.-- 22 (b) A municipality may exercise jurisdiction over any 23 private road or roads, or over any limited access road or 24 roads owned or controlled by a special district, located 25 within its boundaries if the municipality and party or parties 26 owning or controlling such road or roads provide, by written 27 agreement approved by the governing body of the municipality, 28 for municipal traffic control jurisdiction over the road or 29 roads encompassed by such agreement. Pursuant thereto: 30 1. Provision for reimbursement for actual costs of 31 traffic control and enforcement and for liability insurance 7 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 and indemnification by the party or parties, and such other 2 terms as are mutually agreeable, may be included in such an 3 agreement. 4 2. The exercise of jurisdiction provided for herein 5 shall be in addition to jurisdictional authority presently 6 exercised by municipalities under law, and nothing in this 7 paragraph shall be construed to limit or remove any such 8 jurisdictional authority. Such jurisdiction includes 9 regulation of access to such road or roads by security devices 10 or personnel. 11 3. Any such agreement may provide for the installation 12 of multiparty stop signs by the parties controlling the roads 13 covered by the agreement if a determination is made by such 14 parties that the signage will enhance traffic safety. 15 Multiparty stop signs must conform to the manual and 16 specifications of the Department of Transportation; however, 17 minimum traffic volumes may not be required for the 18 installation of such signage. Enforcement for the signs shall 19 be as provided in s. 316.123. 20 4. The board of directors of a homeowners' association 21 as defined in chapter 720 may, by majority vote, elect to have 22 state traffic laws enforced by local law enforcement agencies 23 on private roads that are controlled by the association. 24 (3) COUNTIES.-- 25 (b) A county may exercise jurisdiction over any 26 private road or roads, or over any limited access road or 27 roads owned or controlled by a special district, located in 28 the unincorporated area within its boundaries if the county 29 and party or parties owning or controlling such road or roads 30 provide, by written agreement approved by the governing body 31 of the county, for county traffic control jurisdiction over 8 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 the road or roads encompassed by such agreement. Pursuant 2 thereto: 3 1. Provision for reimbursement for actual costs of 4 traffic control and enforcement and for liability insurance 5 and indemnification by the party or parties, and such other 6 terms as are mutually agreeable, may be included in such an 7 agreement. 8 2. Prior to entering into an agreement which provides 9 for enforcement of the traffic laws of the state over a 10 private road or roads, or over any limited access road or 11 roads owned or controlled by a special district, the governing 12 body of the county shall consult with the sheriff. No such 13 agreement shall take effect prior to October 1, the beginning 14 of the county fiscal year, unless this requirement is waived 15 in writing by the sheriff. 16 3. The exercise of jurisdiction provided for herein 17 shall be in addition to jurisdictional authority presently 18 exercised by counties under law, and nothing in this paragraph 19 shall be construed to limit or remove any such jurisdictional 20 authority. 21 4. Any such agreement may provide for the installation 22 of multiparty stop signs by the parties controlling the roads 23 covered by the agreement if a determination is made by such 24 parties that the signage will enhance traffic safety. 25 Multiparty stop signs must conform to the manual and 26 specifications of the Department of Transportation; however, 27 minimum traffic volumes may not be required for the 28 installation of such signage. Enforcement for the signs shall 29 be as provided in s. 316.123. 30 5. The board of directors of a homeowners' association 31 as defined in chapter 720 may, by majority vote, elect to have 9 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 state traffic laws enforced by local law enforcement agencies 2 on private roads that are controlled by the association. 3 Section 7. Section 316.0085, Florida Statutes, is 4 amended to read: 5 316.0085 Skateboarding; inline skating; freestyle or 6 mountain and off-road bicycling; paintball; definitions; 7 liability.-- 8 (1) The purpose of this section is to encourage 9 governmental owners or lessees of property to make land 10 available to the public for skateboarding, inline skating, 11 paintball, and freestyle or mountain and off-road bicycling. 12 It is recognized that governmental owners or lessees of 13 property have failed to make property available for such 14 activities because of the exposure to liability from lawsuits 15 and the prohibitive cost of insurance, if insurance can be 16 obtained for such activities. It is also recognized that risks 17 and dangers are inherent in these activities, which risks and 18 dangers should be assumed by those participating in such 19 activities. 20 (2) As used in this section, the term: 21 (a) "Governmental entity" means: 22 1. The United States, the State of Florida, any county 23 or municipality, or any department, agency, or other 24 instrumentality thereof. 25 2. Any school board, special district, authority, or 26 other entity exercising governmental authority. 27 (b) "Inherent risk" means those dangers or conditions 28 that are characteristic of, intrinsic to, or an integral part 29 of skateboarding, inline skating, paintball, and freestyle or 30 mountain and off-road bicycling. 31 (3) This section does not grant authority or 10 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 permission for a person to engage in skateboarding, inline 2 skating, paintball, or freestyle or mountain and off-road 3 bicycling on property owned or controlled by a governmental 4 entity unless such governmental entity has specifically 5 designated such area for skateboarding, inline skating, 6 paintball, or freestyle or mountain and off-road bicycling. 7 Each governmental entity shall post a rule in each 8 specifically designated area that identifies all authorized 9 activities and indicates that a child under 17 years of age 10 may not engage in any of those activities until the 11 governmental entity has obtained written consent, in a form 12 acceptable to the governmental entity, from the child's 13 parents or legal guardians. 14 (4) A governmental entity or public employee is not 15 liable to any person who voluntarily participates in 16 skateboarding, inline skating, paintball, or freestyle or 17 mountain and off-road bicycling for any damage or injury to 18 property or persons which arises out of a person's 19 participation in such activity, and which takes place in an 20 area designated for such activity. 21 (5) This section does not limit liability that would 22 otherwise exist for any of the following: 23 (a) The failure of the governmental entity or public 24 employee to guard against or warn of a dangerous condition of 25 which a participant does not and cannot reasonably be expected 26 to have notice. 27 (b) An act of gross negligence by the governmental 28 entity or public employee that is the proximate cause of the 29 injury. 30 (c) The failure of a governmental entity that provides 31 a designated area for skateboarding, inline skating, 11 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 paintball, or freestyle or mountain and off-road bicycling to 2 obtain the written consent, in a form acceptable to the 3 governmental entity, from the parents or legal guardians of 4 any child under 17 years of age before authorizing such child 5 to participate in skateboarding, inline skating, paintball, or 6 freestyle or mountain and off-road bicycling in such 7 designated area, unless that child's participation is in 8 violation of posted rules governing the authorized use of the 9 designated area, except that a parent or legal guardian must 10 demonstrate that written consent to engage in mountain or 11 off-road bicycling in a designated area was provided to the 12 governmental entity before entering the designated area. 13 14 Nothing in this subsection creates a duty of care or basis of 15 liability for death, personal injury, or damage to personal 16 property. Nothing in this section shall be deemed to be a 17 waiver of sovereign immunity under any circumstances. 18 (6) Nothing in this section shall limit the liability 19 of an independent concessionaire, or any person or 20 organization other than a governmental entity or public 21 employee, whether or not the person or organization has a 22 contractual relationship with a governmental entity to use the 23 public property, for injuries or damages suffered in any case 24 as a result of the operation of skateboards, inline skates, 25 paintball equipment, or freestyle or mountain and off-road 26 bicycles on public property by the concessionaire, person, or 27 organization. 28 (7)(a) Any person who participates in or assists in 29 skateboarding, inline skating, paintball, or freestyle or 30 mountain and off-road bicycling assumes the known and unknown 31 inherent risks in these activities irrespective of age, and is 12 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 legally responsible for all damages, injury, or death to 2 himself or herself or other persons or property which result 3 from these activities. Any person who observes skateboarding, 4 inline skating, paintball, or freestyle or mountain or 5 off-road bicycling assumes the known and unknown inherent 6 risks in these activities irrespective of age, and is legally 7 responsible for all damages, injury, or death to himself or 8 herself which result from these activities. A governmental 9 entity that sponsors, allows, or permits skateboarding, inline 10 skating, paintball, or freestyle or mountain or off-road 11 bicycling on its property is not required to eliminate, alter, 12 or control the inherent risks in these activities. 13 (b) While engaged in skateboarding, inline skating, 14 paintball, or freestyle or mountain or off-road bicycling, 15 irrespective of where such activities occur, a participant is 16 responsible for doing all of the following: 17 1. Acting within the limits of his or her ability and 18 the purpose and design of the equipment used. 19 2. Maintaining control of his or her person and the 20 equipment used. 21 3. Refraining from acting in any manner which may 22 cause or contribute to death or injury of himself or herself, 23 or other persons. 24 25 Failure to comply with the requirements of this paragraph 26 shall constitute negligence. 27 (8) The fact that a governmental entity carries 28 insurance which covers any act described in this section shall 29 not constitute a waiver of the protections set forth in this 30 section, regardless of the existence or limits of such 31 coverage. 13 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 Section 8. Subsection (2) of section 316.1001, Florida 2 Statutes, is amended to read: 3 316.1001 Payment of toll on toll facilities required; 4 penalties.-- 5 (2)(a) For the purpose of enforcing this section, any 6 governmental entity, as defined in s. 334.03, that owns or 7 operates a toll facility may, by rule or ordinance, authorize 8 a toll enforcement officer to issue a uniform traffic citation 9 for a violation of this section. Toll enforcement officer 10 means the designee of a governmental entity whose authority is 11 to enforce the payment of tolls. The governmental entity may 12 designate toll enforcement officers pursuant to s. 316.640(1). 13 (b) A citation issued under this subsection may be 14 issued by mailing the citation by first class mail, or by 15 certified mail, return receipt requested, to the address of 16 the registered owner of the motor vehicle involved in the 17 violation. Mailing the citation to this address constitutes 18 notification. In the case of joint ownership of a motor 19 vehicle, the traffic citation must be mailed to the first name 20 appearing on the registration, unless the first name appearing 21 on the registration is a business organization, in which case 22 the second name appearing on the registration may be used. A 23 citation issued under this paragraph must be mailed to the 24 registered owner of the motor vehicle involved in the 25 violation within 14 days after the date of issuance of the 26 violation. In addition to the citation, notification must be 27 sent to the registered owner of the motor vehicle involved in 28 the violation specifying remedies available under ss. 29 318.14(12) and 318.18(7). 30 (c) The owner of the motor vehicle involved in the 31 violation is responsible and liable for payment of a citation 14 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 issued for failure to pay a toll, unless the owner can 2 establish the motor vehicle was, at the time of the violation, 3 in the care, custody, or control of another person. In order 4 to establish such facts, the owner of the motor vehicle is 5 required, within 14 days after the date of issuance of the 6 citation, to furnish to the appropriate governmental entity an 7 affidavit setting forth: 8 1. The name, address, date of birth, and, if known, 9 the driver license number of the person who leased, rented, or 10 otherwise had the care, custody, or control of the motor 11 vehicle at the time of the alleged violation; or 12 2. If stolen, the police report indicating that the 13 vehicle was stolen at the time of the alleged violation. 14 15 Upon receipt of an affidavit the person designated as having 16 care, custody, and control of the motor vehicle at the time of 17 the violation may be issued a citation for failure to pay a 18 required toll. The affidavit shall be admissible in a 19 proceeding pursuant to this section for the purpose of 20 providing that the person identified in the affidavit was in 21 actual care, custody, or control of the motor vehicle. The 22 owner of a leased vehicle for which a citation is issued for 23 failure to pay a toll is not responsible for payment of the 24 citation and is not required to submit an affidavit as 25 specified in this subsection if the motor vehicle involved in 26 the violation is registered in the name of the lessee of such 27 motor vehicle. 28 (d) A written report of a toll enforcement officer to 29 photographic evidence that a required toll was not paid is 30 admissible in any proceeding to enforce this section and 31 raises a rebuttable presumption that the motor vehicle named 15 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 in the report or shown in the photographic evidence was used 2 in violation of this section. 3 Section 9. Subsection (1) of section 316.192, Florida 4 Statutes, is amended to read: 5 316.192 Reckless driving.-- 6 (1)(a) Any person who drives any vehicle in willful or 7 wanton disregard for the safety of persons or property is 8 guilty of reckless driving. 9 (b) Fleeing a law enforcement officer in a motor 10 vehicle is reckless driving per se. 11 Section 10. Subsection (1) of section 316.1955, 12 Florida Statutes, is amended to read: 13 316.1955 Enforcement of parking requirements for 14 persons who have disabilities.-- 15 (1) It is unlawful for any person to stop, stand, or 16 park a vehicle within, or to obstruct, any such specially 17 designated and marked parking space provided in accordance 18 with s. 553.5041, unless the vehicle displays a disabled 19 parking permit issued under s. 316.1958 or s. 320.0848 or a 20 license plate issued under s. 320.084, s. 320.0842, s. 21 320.0843, or s. 320.0845, and the vehicle is transporting the 22 person to whom the displayed permit is issued. The violation 23 may not be dismissed for failure of the marking on the parking 24 space to comply with s. 553.5041 if the space is in general 25 compliance and is clearly distinguishable as a designated 26 accessible parking space for people who have disabilities. 27 Only a warning may be issued for unlawfully parking in a space 28 designated for persons with disabilities if there is no 29 above-grade sign as provided in s. 553.5041. 30 (a) Whenever a law enforcement officer, a parking 31 enforcement specialist, or the owner or lessee of the space 16 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 finds a vehicle in violation of this subsection, that officer, 2 owner, or lessor shall have the vehicle in violation removed 3 to any lawful parking space or facility or require the 4 operator or other person in charge of the vehicle immediately 5 to remove the unauthorized vehicle from the parking space. 6 Whenever any vehicle is removed under this section to a 7 storage lot, garage, or other safe parking space, the cost of 8 the removal and parking constitutes a lien against the 9 vehicle. 10 (b) The officer or specialist shall charge the 11 operator or other person in charge of the vehicle in violation 12 with a noncriminal traffic infraction, punishable as provided 13 in s. 316.008(4) or s. 318.18(6). The owner of a leased 14 vehicle is not responsible for a violation of this section if 15 the vehicle is registered in the name of the lessee. 16 (c) All convictions for violations of this section 17 must be reported to the Department of Highway Safety and Motor 18 Vehicles by the clerk of the court. 19 (d) A law enforcement officer or a parking enforcement 20 specialist has the right to demand to be shown the person's 21 disabled parking permit and driver's license or state 22 identification card when investigating the possibility of a 23 violation of this section. If such a request is refused, the 24 person in charge of the vehicle may be charged with resisting 25 an officer without violence, as provided in s. 843.02. 26 Section 11. Section 316.2015, Florida Statutes, is 27 amended to read: 28 316.2015 Unlawful for person to ride on exterior of 29 vehicle.-- 30 (1) It is unlawful for any operator of a passenger 31 vehicle to permit any person to ride on the bumper, radiator, 17 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 fender, hood, top, trunk, or running board of such vehicle 2 when operated upon any street or highway which is maintained 3 by the state, county, or municipality. However, the operator 4 of any vehicle shall not be in violation of this section when 5 such operator permits any person to occupy seats securely 6 affixed to the exterior of such vehicle. Any person who 7 violates the provisions of this subsection shall be cited for 8 a moving violation, punishable as provided in chapter 318. 9 (2)(a) No person shall ride on any vehicle upon any 10 portion thereof not designed or intended for the use of 11 passengers. This paragraph does not apply to an employee of a 12 fire department, an employee of a governmentally operated 13 solid waste disposal department or a waste disposal service 14 operating pursuant to a contract with a governmental entity, 15 or to a volunteer firefighter when the employee or firefighter 16 is engaged in the necessary discharge of a duty, and does not 17 apply to a person who is being transported in response to an 18 emergency by a public agency or pursuant to the direction or 19 authority of a public agency. This paragraph does provision 20 shall not apply to an employee engaged in the necessary 21 discharge of a duty or to a person or persons riding within 22 truck bodies in space intended for merchandise. 23 (b) It is unlawful for any operator of a pickup truck 24 or flatbed truck to permit a minor child who has not attained 25 18 years of age to ride upon limited access facilities of the 26 state within the open body of a pickup truck or flatbed truck 27 unless the minor is restrained within the open body in the 28 back of a truck that has been modified to include secure 29 seating and safety restraints to prevent the passenger from 30 being thrown, falling, or jumping from the truck. This 31 paragraph does not apply in a medical emergency if the child 18 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 is accompanied within the truck by an adult. A county is 2 exempt from this paragraph if the governing body of the 3 county, by majority vote, following a noticed public hearing, 4 votes to exempt the county from this paragraph. 5 (c) Any person who violates the provisions of this 6 subsection shall be cited for a nonmoving violation, 7 punishable as provided in chapter 318. 8 (3) This section shall not apply to a performer 9 engaged in a professional exhibition or person participating 10 in an exhibition or parade, or any such person preparing to 11 participate in such exhibitions or parades. 12 Section 12. Subsection (1) section 316.2095, Florida 13 Statutes, is amended to read: 14 316.2095 Footrests, handholds, and handlebars.-- 15 (1) Any motorcycle carrying a passenger, other than in 16 a sidecar or enclosed cab, shall be equipped with footrests 17 and handholds for such passenger. 18 Section 13. Effective January 1, 2007, present 19 subsection (6) of section 316.211, Florida Statutes, is 20 redesignated as subsection (7), and a new subsection (6) is 21 added to that section, to read: 22 316.211 Equipment for motorcycle and moped riders.-- 23 (6) Each motorcycle registered to a person under 21 24 years of age must display a license plate that is unique in 25 design and color. 26 Section 14. Section 316.2123, Florida Statutes, is 27 created to read: 28 316.2123 Operation of an ATV on certain roadways.-- 29 (1) The operation of an ATV, as defined in s. 30 317.0003, upon the public roads or streets of this state is 31 prohibited, except that an ATV may be operated during the 19 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 daytime on an unpaved roadway where the posted speed limit is 2 less than 35 miles per hour by a licensed driver or by a minor 3 under the supervision of a licensed driver. The operator must 4 provide proof of ownership pursuant to chapter 317 upon 5 request by a law enforcement officer. 6 (2) A county is exempt from this section if the 7 governing body of the county, by majority vote, following a 8 noticed public hearing, votes to exempt the county from this 9 section. 10 Section 15. Subsection (3) is added to section 11 316.2125, Florida Statutes, to read: 12 316.2125 Operation of golf carts within a retirement 13 community.-- 14 (3) A local governmental entity may enact an ordinance 15 regarding golf cart operation and equipment which is more 16 restrictive than those enumerated in this section. Upon 17 enactment of any such ordinance, the local governmental entity 18 shall post appropriate signs or otherwise inform the residents 19 that such an ordinance exists and that it shall be enforced 20 within the local government's jurisdictional territory. An 21 ordinance referred to in this section must apply only to an 22 unlicensed driver. 23 Section 16. Section 316.2128, Florida Statutes, is 24 created to read: 25 316.2128 Operation of motorized scooters and miniature 26 motorcycles; requirements for sales.-- 27 (1) A person who engages in the business of, serves in 28 the capacity of, or acts as a commercial seller of motorized 29 scooters or miniature motorcycles in this state must 30 prominently display at his or her place of business a notice 31 that such vehicles are not legal to operate on public roads or 20 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 sidewalks and may not be registered as motor vehicles. The 2 required notice must also appear in all forms of advertising 3 offering motorized scooters or miniature motorcycles for sale. 4 The notice and a copy of this section must also be provided to 5 a consumer prior to the consumer's purchasing or becoming 6 obligated to purchase a motorized scooter or a miniature 7 motorcycle. 8 (2) Any person selling or offering a motorized scooter 9 or a miniature motorcycle for sale in violation of this 10 subsection commits an unfair and deceptive trade practice as 11 defined in part II of chapter 501. 12 Section 17. Subsection (2) of section 316.221, Florida 13 Statutes, is amended to read: 14 316.221 Taillamps.-- 15 (2) Either a taillamp or a separate lamp shall be so 16 constructed and placed as to illuminate with a white light the 17 rear registration plate and render it clearly legible from a 18 distance of 50 feet to the rear. Any taillamp or taillamps, 19 together with any separate lamp or lamps for illuminating the 20 rear registration plate, shall be so wired as to be lighted 21 whenever the headlamps or auxiliary driving lamps are lighted. 22 Dump trucks and vehicles having dump bodies are exempt from 23 the requirements of this subsection. 24 Section 18. Paragraph (b) of subsection (1), 25 paragraphs (b), (c), (d), (f), and (i) of subsection (2), and 26 subsection (3) of section 316.302, Florida Statutes, are 27 amended to read: 28 316.302 Commercial motor vehicles; safety regulations; 29 transporters and shippers of hazardous materials; 30 enforcement.-- 31 (1) 21 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 (b) Except as otherwise provided in this section, all 2 owners or drivers of commercial motor vehicles that are 3 engaged in intrastate commerce are subject to the rules and 4 regulations contained in 49 C.F.R. parts 382, 385, and 5 390-397, with the exception of 49 C.F.R. s. 390.5 as it 6 relates to the definition of bus, as such rules and 7 regulations existed on October 1, 2005 2004. 8 (2) 9 (b) Except as provided in 49 C.F.R. s. 395.1, a person 10 who operates a commercial motor vehicle solely in intrastate 11 commerce not transporting any hazardous material in amounts 12 that require placarding pursuant to 49 C.F.R. part 172 may not 13 drive: 14 1. More than 12 hours following 10 consecutive hours 15 off duty; or 16 2. For any period after the end of the 16th hour after 17 coming on duty following 10 consecutive hours off duty. is 18 exempt from 49 C.F.R. s. 395.3(a) and (b) and may, after 8 19 hours' rest, and following the required initial motor vehicle 20 inspection, be permitted to drive any part of the first 15 21 on-duty hours in any 24-hour period, but may not be permitted 22 to operate a commercial motor vehicle after that until the 23 requirement of another 8 hours' rest has been fulfilled. 24 25 The provisions of this paragraph do not apply to drivers of 26 utility service vehicles as defined in 49 C.F.R. s. 395.2. 27 public utility vehicles or authorized emergency vehicles 28 during periods of severe weather or other emergencies. 29 (c) Except as provided in 49 C.F.R. s. 395.1, a person 30 who operates a commercial motor vehicle solely in intrastate 31 commerce not transporting any hazardous material in amounts 22 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 that require placarding pursuant to 49 C.F.R. part 172 may not 2 drive after having been on duty more than 70 hours in any 3 period of 7 consecutive days or more than 80 hours in any 4 period of 8 consecutive days if the motor carrier operates 5 every day of the week. Thirty-four be on duty more than 72 6 hours in any period of 7 consecutive days, but carriers 7 operating every day in a week may permit drivers to remain on 8 duty for a total of not more than 84 hours in any period of 8 9 consecutive days; however, 24 consecutive hours off duty shall 10 constitute the end of any such period of 7 or 8 consecutive 11 days. This weekly limit does not apply to a person who 12 operates a commercial motor vehicle solely within this state 13 while transporting, during harvest periods, any unprocessed 14 agricultural products or unprocessed food or fiber that is are 15 subject to seasonal harvesting from place of harvest to the 16 first place of processing or storage or from place of harvest 17 directly to market or while transporting livestock, livestock 18 feed, or farm supplies directly related to growing or 19 harvesting agricultural products. Upon request of the 20 Department of Transportation, motor carriers shall furnish 21 time records or other written verification to that department 22 so that the Department of Transportation can determine 23 compliance with this subsection. These time records must be 24 furnished to the Department of Transportation within 2 10 days 25 after receipt of that department's request. Falsification of 26 such information is subject to a civil penalty not to exceed 27 $100. The provisions of this paragraph do not apply to drivers 28 of public utility service vehicles as defined in 49 C.F.R. s. 29 395.2. or authorized emergency vehicles during periods of 30 severe weather or other emergencies. 31 (d) A person who operates a commercial motor vehicle 23 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 solely in intrastate commerce not transporting any hazardous 2 material in amounts that require placarding pursuant to 49 3 C.F.R. part 172 within a 150 200 air-mile radius of the 4 location where the vehicle is based need not comply with 49 5 C.F.R. s. 395.8, if the requirements of 49 C.F.R. s. 6 395.1(e)(1)(iii) and (v) are met. If a driver is not released 7 from duty within 12 hours after the driver arrives for duty, 8 the motor carrier must maintain documentation of the driver's 9 driving times throughout the duty period except that time 10 records shall be maintained as prescribed in 49 C.F.R. s. 11 395.1(e)(5). 12 (f) A person who operates a commercial motor vehicle 13 having a declared gross vehicle weight of less than 26,001 14 26,000 pounds solely in intrastate commerce and who is not 15 transporting hazardous materials in amounts that require 16 placarding pursuant to 49 C.F.R. part 172, or who is 17 transporting petroleum products as defined in s. 376.301, is 18 exempt from subsection (1). However, such person must comply 19 with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss. 20 396.3(a)(1) and 396.9. 21 (i) A person who was a regularly employed driver of a 22 commercial motor vehicle on July 4, 1987, and whose driving 23 record shows no traffic convictions, pursuant to s. 322.61, 24 during the 2-year period immediately preceding the application 25 for the commercial driver's license, and who is otherwise 26 qualified as a driver under 49 C.F.R. part 391, and who 27 operates a commercial vehicle in intrastate commerce only, 28 shall be exempt from the requirements of 49 C.F.R. part 391, 29 subpart E, s. 391.41(b)(10). However, such operators are still 30 subject to the requirements of ss. 322.12 and 322.121. As 31 proof of eligibility, such driver shall have in his or her 24 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 possession a physical examination form dated within the past 2 24 months. 3 (3) A person who has not attained under the age of 18 4 years of age may not operate a commercial motor vehicle, 5 except that a person who has not attained under the age of 18 6 years of age may operate a commercial motor vehicle which has 7 a gross vehicle weight of less than 26,001 26,000 pounds while 8 transporting agricultural products, including horticultural or 9 forestry products, from farm or harvest place to storage or 10 market. 11 Section 19. Subsections (5) and (10) of section 12 316.515, Florida Statutes, are amended to read: 13 316.515 Maximum width, height, length.-- 14 (5) IMPLEMENTS OF HUSBANDRY;, AGRICULTURAL TRAILERS;, 15 FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.-- 16 (a) Notwithstanding any other provisions of law, 17 straight trucks, agricultural tractors, and cotton module 18 movers, not exceeding 50 feet in length, or any combination of 19 up to and including three implements of husbandry, including 20 the towing power unit, and any single agricultural trailer 21 with a load thereon or any agricultural implements attached to 22 a towing power unit not exceeding 130 inches in width, or a 23 self-propelled agricultural implement or an agricultural 24 tractor not exceeding 130 inches in width, is authorized for 25 the purpose of transporting peanuts, grains, soybeans, cotton, 26 hay, straw, or other perishable farm products from their point 27 of production to the first point of change of custody or of 28 long-term storage, and for the purpose of returning to such 29 point of production, or for the purpose of moving such 30 tractors, movers, and implements from one point of 31 agricultural production to another, by a person engaged in the 25 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 production of any such product or custom hauler, if such 2 vehicle or combination of vehicles otherwise complies with 3 this section. The Department of Transportation may issue 4 overwidth permits for implements of husbandry greater than 130 5 inches, but not more than 170 inches, in width. Such vehicles 6 shall be operated in accordance with all safety requirements 7 prescribed by law and Department of Transportation rules. The 8 Department of Transportation may issue overlength permits for 9 cotton module movers greater than 50 feet but not more than 55 10 feet in overall length. Such vehicles shall be operated in 11 accordance with all safety requirements prescribed by law and 12 rules of the Department of Transportation. 13 (b) Notwithstanding any other provision of law, 14 equipment not exceeding 136 inches in width and not capable of 15 speeds exceeding 20 miles per hour which is used exclusively 16 for harvesting forestry products is authorized for the purpose 17 of transporting equipment from one point of harvest to another 18 point of harvest, not to exceed 10 miles, by a person engaged 19 in the harvesting of forestry products. Such vehicles must be 20 operated during daylight hours only, in accordance with all 21 safety requirements prescribed by s. 316.2295(5) and (6). 22 (10) AUTOMOBILE TOWAWAY AND DRIVEAWAY OPERATIONS.--An 23 automobile towaway or driveaway operation transporting new or 24 used trucks may use what is known to the trade as "saddle 25 mounts," if the overall length does not exceed 97 75 feet and 26 no more than three saddle mounts are towed. Such combinations 27 may include one full mount. Saddle mount combinations must 28 also comply with the applicable safety regulations in 49 29 C.F.R. s. 393.71. 30 Section 20. Paragraph (f) is added to subsection (1) 31 of section 318.143, Florida Statutes, to read: 26 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 318.143 Sanctions for infractions by minors.-- 2 (1) If the court finds that a minor has committed a 3 violation of any of the provisions of chapter 316, the court 4 may also impose one or more of the following sanctions: 5 (f) The court may require the minor and his or her 6 parents or guardians to participate in a registered youthful 7 driver monitoring service as described in s. 318.1435. 8 Section 21. Section 318.1435, Florida Statutes, is 9 created to read: 10 318.1435 Youthful driver monitoring services.-- 11 (1) As used in this section, the term "youthful driver 12 monitoring service" means an entity that enables parents or 13 guardians to monitor the driving performance of their minor 14 children. The service may provide monitoring by posting on a 15 vehicle a placard that shows a toll-free telephone number and 16 a unique identifying number and includes a request to members 17 of the public to call the toll-free telephone number to report 18 inappropriate driving practices. The service shall enter into 19 a contract with the parents or guardians under which the 20 service shall timely forward to the parents or guardians all 21 reports of inappropriate driving practices by the minor child. 22 (2) A youthful driver monitoring service may register 23 with the Department of Highway Safety and Motor Vehicles. The 24 registration must consist of a narrative description of the 25 services offered by the youthful driver monitoring service, 26 the name of the manager in charge of the service, the address 27 of the service, and the telephone number of the service. 28 Registration under this subsection remains valid indefinitely, 29 but it is the responsibility of the youthful driver monitoring 30 service to timely file a revised registration statement to 31 reflect any changes in the required information. If the 27 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 department determines that the youthful driver monitoring 2 service is not providing the services described in the 3 narrative statement, the department may suspend the 4 registration; however, the department must reinstate the 5 registration when the service files a revised statement that 6 reflects its actual practices. 7 Section 22. Subsection (2) of section 318.15, Florida 8 Statutes, is amended to read: 9 318.15 Failure to comply with civil penalty or to 10 appear; penalty.-- 11 (2) After suspension of the driver's license and 12 privilege to drive of a person under subsection (1), the 13 license and privilege may not be reinstated until the person 14 complies with all obligations and penalties imposed on him or 15 her under s. 318.18 and presents to a driver license office a 16 certificate of compliance issued by the court, together with a 17 nonrefundable service charge of up to $47.50 imposed under s. 18 322.29, or presents a certificate of compliance and pays the 19 aforementioned service charge of up to $47.50 to the clerk of 20 the court or a driver licensing agent authorized in s. 322.135 21 tax collector clearing such suspension. Of the charge 22 collected by the clerk of the court or driver licensing agent 23 the tax collector, $10 shall be remitted to the Department of 24 Revenue to be deposited into the Highway Safety Operating 25 Trust Fund. Such person shall also be in compliance with 26 requirements of chapter 322 prior to reinstatement. 27 Section 23. Subsection (12) of section 318.18, Florida 28 Statutes, is amended to read: 29 318.18 Amount of civil penalties.--The penalties 30 required for a noncriminal disposition pursuant to s. 318.14 31 are as follows: 28 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 (12) Two One hundred dollars for a violation of s. 2 316.520(1) or (2). If, at a hearing, the alleged offender is 3 found to have committed this offense, the court shall impose a 4 minimum civil penalty of $200 $100. For a second or subsequent 5 adjudication within a period of 5 years, the department shall 6 suspend the driver's license of the person for not less than 1 7 year 180 days and not more than 2 years 1 year. 8 Section 24. Subsection (1) of section 318.32, Florida 9 Statutes, is amended to read: 10 318.32 Jurisdiction; limitations.-- 11 (1) Hearing officers shall be empowered to accept 12 pleas from and decide the guilt or innocence of any person, 13 adult or juvenile, charged with any civil traffic infraction 14 and shall be empowered to adjudicate or withhold adjudication 15 of guilt in the same manner as a county court judge under the 16 statutes, rules, and procedures presently existing or as 17 subsequently amended, except that hearing officers shall not: 18 (a) Have the power to hold a defendant in contempt of 19 court, but shall be permitted to file a motion for order of 20 contempt with the appropriate state trial court judge; 21 (b) Hear a case involving a crash resulting in injury 22 or death; 23 (c) Hear a criminal traffic offense case or a case 24 involving a civil traffic infraction issued in conjunction 25 with a criminal traffic offense; or 26 (d) Have the power to suspend or revoke a defendant's 27 driver's license pursuant to s. 316.655(2). 28 Section 25. Effective July 1, 2008, subsection (1) of 29 section 320.02, Florida Statutes, is amended to read: 30 320.02 Registration required; application for 31 registration; forms.-- 29 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 (1) Except as otherwise provided in this chapter, 2 every owner or person in charge of a motor vehicle that which 3 is operated or driven on the roads of this state shall 4 register the vehicle in this state. The owner or person in 5 charge shall apply to the department or to its authorized 6 agent for registration of each such vehicle on a form 7 prescribed by the department. Prior to the original 8 registration of a motorcycle, motor-driven cycle, or moped, 9 the owner, if a natural person, must present proof that he or 10 she has a valid motorcycle endorsement as required in chapter 11 322. A No registration is not required for any motor vehicle 12 that which is not operated on the roads of this state during 13 the registration period. 14 Section 26. Subsection (8) of section 320.03, Florida 15 Statutes, is amended to read: 16 320.03 Registration; duties of tax collectors; 17 International Registration Plan.-- 18 (8) If the applicant's name appears on the list 19 referred to in s. 316.1001(4), s. 316.1967(6), or s. 20 713.78(13), a license plate or revalidation sticker may not be 21 issued until that person's name no longer appears on the list 22 or until the person presents a receipt from the clerk showing 23 that the fines outstanding have been paid. This subsection 24 does not apply to the owner of a leased vehicle if the vehicle 25 is registered in the name of the lessee of the vehicle. The 26 tax collector and the clerk of the court are each entitled to 27 receive monthly, as costs for implementing and administering 28 this subsection, 10 percent of the civil penalties and fines 29 recovered from such persons. As used in this subsection, the 30 term "civil penalties and fines" does not include a wrecker 31 operator's lien as described in s. 713.78(13). If the tax 30 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 collector has private tag agents, such tag agents are entitled 2 to receive a pro rata share of the amount paid to the tax 3 collector, based upon the percentage of license plates and 4 revalidation stickers issued by the tag agent compared to the 5 total issued within the county. The authority of any private 6 agent to issue license plates shall be revoked, after notice 7 and a hearing as provided in chapter 120, if he or she issues 8 any license plate or revalidation sticker contrary to the 9 provisions of this subsection. This section applies only to 10 the annual renewal in the owner's birth month of a motor 11 vehicle registration and does not apply to the transfer of a 12 registration of a motor vehicle sold by a motor vehicle dealer 13 licensed under this chapter, except for the transfer of 14 registrations which is inclusive of the annual renewals. This 15 section does not affect the issuance of the title to a motor 16 vehicle, notwithstanding s. 319.23(7)(b). 17 Section 27. Section 320.07, Florida Statutes, is 18 amended to read: 19 320.07 Expiration of registration; annual renewal 20 required; penalties.-- 21 (1) The registration of a motor vehicle or mobile home 22 shall expire at midnight on the last day of the registration 23 period. A vehicle shall not be operated on the roads of this 24 state after expiration of the renewal period unless the 25 registration has been renewed according to law. 26 (2) Registration shall be renewed annually during the 27 applicable renewal period, upon payment of the applicable 28 license tax amount required by s. 320.08, service charges 29 required by s. 320.04, and any additional fees required by 30 law. However, any person owning a motor vehicle registered 31 under s. 320.08(4), (6)(b), or (13) may register semiannually 31 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 as provided in s. 320.0705. 2 (3) The operation of any motor vehicle without having 3 attached thereto a registration license plate and validation 4 stickers, or the use of any mobile home without having 5 attached thereto a mobile home sticker, for the current 6 registration period shall subject the owner thereof, if he or 7 she is present, or, if the owner is not present, the operator 8 thereof to the following penalty provisions: 9 (a) Any person whose motor vehicle or mobile home 10 registration has been expired for a period of 6 months or less 11 commits a noncriminal traffic infraction, punishable as a 12 nonmoving violation as provided in chapter 318. 13 (b) Any person whose motor vehicle or mobile home 14 registration has been expired for more than 6 months shall 15 upon a first offense be subject to the penalty provided in s. 16 318.14. 17 (c) Any person whose motor vehicle or mobile home 18 registration has been expired for more than 6 months shall 19 upon a second or subsequent offense be guilty of a misdemeanor 20 of the second degree, punishable as provided in s. 775.082 or 21 s. 775.083. 22 (d) However, no operator shall be charged with a 23 violation of this subsection if the operator can show, 24 pursuant to a valid lease agreement, that the vehicle had been 25 leased for a period of 30 days or less at the time of the 26 offense. 27 (e) Any servicemember, as defined in s. 250.01, whose 28 mobile home registration has expired while serving on active 29 duty or state active duty shall not be charged with a 30 violation of this subsection if, at the time of the offense, 31 the servicemember was serving on active duty or state active 32 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 duty 35 miles or more from the mobile home. The servicemember 2 must present to the department either a copy of the official 3 military orders or a written verification signed by the 4 servicemember's commanding officer to waive charges. 5 (f) The owner of a leased motor vehicle is not 6 responsible for any penalty specified in this subsection if 7 the motor vehicle is registered in the name of the lessee of 8 the motor vehicle. 9 (4)(a) In addition to a penalty provided in subsection 10 (3), a delinquent fee based on the following schedule of 11 license taxes shall be imposed on any applicant who fails to 12 renew a registration prior to the end of the month in which 13 renewal registration is due. The delinquent fee shall be 14 applied beginning on the 11th calendar day of the month 15 succeeding the renewal period. The delinquent fee shall not 16 apply to those vehicles which have not been required to be 17 registered during the preceding registration period or as 18 provided in s. 320.18(2). The delinquent fee shall be imposed 19 as follows: 20 1. License tax of $5 but not more than $25: $5 flat. 21 2. License tax over $25 but not more than $50: $10 22 flat. 23 3. License tax over $50 but not more than $100: $15 24 flat. 25 4. License tax over $100 but not more than $400: $50 26 flat. 27 5. License tax over $400 but not more than $600: $100 28 flat. 29 6. License tax over $600 and up: $250 flat. 30 (b) A person who has been assessed a penalty pursuant 31 to s. 316.545(2)(b) for failure to have a valid vehicle 33 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 registration certificate is not subject to the delinquent fee 2 authorized by this subsection if such person obtains a valid 3 registration certificate within 10 working days after such 4 penalty was assessed. The official receipt authorized by s. 5 316.545(6) constitutes proof of payment of the penalty 6 authorized in s. 316.545(2)(b). 7 (c) The owner of a leased motor vehicle is not 8 responsible for any delinquent fee specified in this 9 subsection if the motor vehicle is registered in the name of 10 the lessee of the motor vehicle. 11 (5) Any servicemember, as defined in s. 250.01, whose 12 motor vehicle or mobile home registration has expired while 13 serving on active duty or state active duty, shall be able to 14 renew his or her registration upon return from active duty or 15 state active duty without penalty, if the servicemember served 16 on active duty or state active duty 35 miles or more from the 17 servicemember's home of record prior to entering active duty 18 or state active duty. The servicemember must provide to the 19 department either a copy of the official military orders or a 20 written verification signed by the servicemember's commanding 21 officer to waive delinquent fees. 22 (6) Delinquent fees imposed under this section shall 23 not be apportionable under the International Registration 24 Plan. 25 Section 28. Section 320.0706, Florida Statutes, is 26 amended to read: 27 320.0706 Display of license plates on trucks.--The 28 owner of any commercial truck of gross vehicle weight of 29 26,001 pounds or more shall display the registration license 30 plate on both the front and rear of the truck in conformance 31 with all the requirements of s. 316.605 that do not conflict 34 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 with this section. The owner of a dump truck may place the 2 rear license plate on the gate no higher than 60 inches to 3 allow for better visibility. However, the owner of a truck 4 tractor shall be required to display the registration license 5 plate only on the front of such vehicle. 6 Section 29. Paragraph (eee) is added to subsection (4) 7 of section 320.08056, Florida Statutes, as amended by section 8 1 of chapter 2005-357, Laws of Florida, and paragraph (a) of 9 subsection (8) of that section is amended, to read: 10 320.08056 Specialty license plates.-- 11 (4) The following license plate annual use fees shall 12 be collected for the appropriate specialty license plates: 13 (eee) Future Farmers of America license plate, $25. 14 (8)(a) The department must discontinue the issuance of 15 an approved specialty license plate if the number of valid 16 specialty plate registrations falls below 1,000 plates for at 17 least 12 consecutive months. A warning letter shall be mailed 18 to the sponsoring organization following the first month in 19 which the total number of valid specialty plate registrations 20 is below 1,000 plates. This paragraph does not apply to 21 collegiate license plates established under s. 320.08058(3). 22 Section 30. Subsection (57) is added to section 23 320.08058, Florida Statutes, to read: 24 320.08058 Specialty license plates.-- 25 (57) FUTURE FARMERS OF AMERICA LICENSE PLATES.-- 26 (a) Notwithstanding the provisions of s. 320.08053, 27 the department shall develop a Future Farmers of America 28 license plate as provided in this section. Future Farmers of 29 America license plates must bear the colors and design 30 approved by the department. The word "Florida" must appear at 31 the top of the plate, and the words "Agricultural Education" 35 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 must appear at the bottom of the plate. 2 (b) The license plate annual use fee shall be 3 distributed quarterly to the Florida Future Farmers of America 4 Foundation, Inc., to fund activities and services of the 5 Future Farmers of America. 6 (c) The Florida Future Farmers of America Foundation, 7 Inc., shall retain all revenue from the annual use fees until 8 all startup costs for developing and establishing the plates 9 have been recovered. Thereafter, up to 10 percent of the 10 annual use fee revenue may be used for administrative, 11 handling, and disbursement expenses and up to 5 percent may be 12 used for advertising and marketing costs. All remaining annual 13 use fee revenue shall be used by the Florida Future Farmers of 14 America Foundation, Inc., to fund its activities, programs, 15 and projects, including, but not limited to, student and 16 teacher leadership programs, the Foundation for Leadership 17 Training Center, teacher recruitment and retention, and other 18 special projects. 19 Section 31. Section 320.089, Florida Statutes, is 20 amended to read: 21 320.089 Members of National Guard and active United 22 States Armed Forces reservists; former prisoners of war; 23 survivors of Pearl Harbor; Purple Heart medal recipients; 24 Operation Iraqi Freedom and Operation Enduring Freedom 25 Veterans; special license plates; fee.-- 26 (1)(a) Each owner or lessee of an automobile or truck 27 for private use or recreational vehicle as specified in s. 28 320.08(9)(c) or (d), which is not used for hire or commercial 29 use, who is a resident of the state and an active or retired 30 member of the Florida National Guard, a survivor of the attack 31 on Pearl Harbor, a recipient of the Purple Heart medal, or an 36 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 active or retired member of any branch of the United States 2 Armed Forces Reserve shall, upon application to the 3 department, accompanied by proof of active membership or 4 retired status in the Florida National Guard, proof of 5 membership in the Pearl Harbor Survivors Association or proof 6 of active military duty in Pearl Harbor on December 7, 1941, 7 proof of being a Purple Heart medal recipient, or proof of 8 active or retired membership in any branch of the Armed Forces 9 Reserve, and upon payment of the license tax for the vehicle 10 as provided in s. 320.08, be issued a license plate as 11 provided by s. 320.06, upon which, in lieu of the serial 12 numbers prescribed by s. 320.06, shall be stamped the words 13 "National Guard," "Pearl Harbor Survivor," "Combat-wounded 14 veteran," or "U.S. Reserve," as appropriate, followed by the 15 serial number of the license plate. Additionally, the Purple 16 Heart plate may have the words "Purple Heart" stamped on the 17 plate and the likeness of the Purple Heart medal appearing on 18 the plate. 19 (b) Notwithstanding any other provision of law to the 20 contrary, beginning with fiscal year 2002-2003 and annually 21 thereafter, the first $100,000 in general revenue generated 22 from the sale of license plates issued under this section 23 which are stamped with the words "National Guard," "Pearl 24 Harbor Survivor," "Combat-wounded veteran," or "U.S. Reserve" 25 shall be deposited into the Grants and Donations Trust Fund, 26 as described in s. 296.38(2), to be used for the purposes 27 established by law for that trust fund. 28 (c) Notwithstanding any provisions of law to the 29 contrary, an applicant for a Pearl Harbor Survivor license 30 plate or a Purple Heart license plate who also qualifies for a 31 disabled veteran's license plate under s. 320.084 shall be 37 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 issued the appropriate special license plate without payment 2 of the license tax imposed by s. 320.08. 3 (2) Each owner or lessee of an automobile or truck for 4 private use, truck weighing not more than 7,999 pounds, or 5 recreational vehicle as specified in s. 320.08(9)(c) or (d), 6 which is not used for hire or commercial use, who is a 7 resident of the state and who is a former prisoner of war, or 8 their unremarried surviving spouse, shall, upon application 9 therefor to the department, be issued a license plate as 10 provided in s. 320.06, on which license plate are stamped the 11 words "Ex-POW" followed by the serial number. Each application 12 shall be accompanied by proof that the applicant meets the 13 qualifications specified in paragraph (a) or paragraph (b). 14 (a) A citizen of the United States who served as a 15 member of the Armed Forces of the United States or the armed 16 forces of a nation allied with the United States who was held 17 as a prisoner of war at such time as the Armed Forces of the 18 United States were engaged in combat, or their unremarried 19 surviving spouse, may be issued the special license plate 20 provided for in this subsection without payment of the license 21 tax imposed by s. 320.08. 22 (b) A person who was serving as a civilian with the 23 consent of the United States Government, or a person who was a 24 member of the Armed Forces of the United States who was not a 25 United States citizen and was held as a prisoner of war when 26 the Armed Forces of the United States were engaged in combat, 27 or their unremarried surviving spouse, may be issued the 28 special license plate provided for in this subsection upon 29 payment of the license tax imposed by s. 320.08. 30 (3) Each owner or lessee of an automobile or truck for 31 private use, truck weighing not more than 7,999 pounds, or 38 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 recreational vehicle as specified in s. 320.08(9)(c) or (d), 2 which is not used for hire or commercial use, who is a 3 resident of this state and who is the unremarried surviving 4 spouse of a recipient of the Purple Heart medal shall, upon 5 application therefor to the department, with the payment of 6 the required fees, be issued a license plate as provided in s. 7 320.06, on which license plate are stamped the words "Purple 8 Heart" and the likeness of the Purple Heart medal followed by 9 the serial number. Each application shall be accompanied by 10 proof that the applicant is the unremarried surviving spouse 11 of a recipient of the Purple Heart medal. 12 (4) The owner or lessee of an automobile or truck for 13 private use, a truck weighing not more than 7,999 pounds, or a 14 recreational vehicle as specified in s. 320.08(9)(c) or (d) 15 which automobile, truck, or recreational vehicle is not used 16 for hire or commercial use who is a resident of the state and 17 a current or former member of the United States military who 18 was deployed and served in Iraq during Operation Iraqi Freedom 19 or in Afghanistan during Operation Enduring Freedom shall, 20 upon application to the department, accompanied by proof of 21 active membership or former active duty status during one of 22 these operations, and upon payment of the license tax for the 23 vehicle as provided in s. 320.08, be issued a license plate as 24 provided by s. 320.06 upon which, in lieu of the registration 25 license number prescribed by s. 320.06, shall be stamped the 26 words "Operation Iraqi Freedom" or "Operation Enduring 27 Freedom," as appropriate, followed by the registration license 28 number of the plate. 29 Section 32. Subsection (4) and paragraph (b) of 30 subsection (9) of section 320.27, Florida Statutes, are 31 amended to read: 39 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 320.27 Motor vehicle dealers.-- 2 (4) LICENSE CERTIFICATE.-- 3 (a) A license certificate shall be issued by the 4 department in accordance with such application when the 5 application is regular in form and in compliance with the 6 provisions of this section. The license certificate may be in 7 the form of a document or a computerized card as determined by 8 the department. The actual cost of each original, additional, 9 or replacement computerized card shall be borne by the 10 licensee and is in addition to the fee for licensure. Such 11 license, when so issued, entitles the licensee to carry on and 12 conduct the business of a motor vehicle dealer. Each license 13 issued to a franchise motor vehicle dealer expires annually on 14 December 31 unless revoked or suspended prior to that date. 15 Each license issued to an independent or wholesale dealer or 16 auction expires annually on April 30 unless revoked or 17 suspended prior to that date. Not less than 60 days prior to 18 the license expiration date, the department shall deliver or 19 mail to each licensee the necessary renewal forms. Each 20 independent dealer shall certify that the dealer principal 21 (owner, partner, officer of the corporation, or director of 22 the licensee, or a full-time employee of the licensee that 23 holds a responsible management-level position) has completed 8 24 hours of continuing education prior to filing the renewal 25 forms with the department. Such certification shall be filed 26 once every 2 years commencing with the 2006 renewal period. 27 The continuing education shall include at least 2 hours of 28 legal or legislative issues, 1 hour of department issues, and 29 5 hours of relevant motor vehicle industry topics. Continuing 30 education shall be provided by dealer schools licensed under 31 paragraph (b) either in a classroom setting or by 40 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 correspondence. Such schools shall provide certificates of 2 completion to the department and the customer which shall be 3 filed with the license renewal form, and such schools may 4 charge a fee for providing continuing education. Any licensee 5 who does not file his or her application and fees and any 6 other requisite documents, as required by law, with the 7 department at least 30 days prior to the license expiration 8 date shall cease to engage in business as a motor vehicle 9 dealer on the license expiration date. A renewal filed with 10 the department within 45 days after the expiration date shall 11 be accompanied by a delinquent fee of $100. Thereafter, a new 12 application is required, accompanied by the initial license 13 fee. A license certificate duly issued by the department may 14 be modified by endorsement to show a change in the name of the 15 licensee, provided, as shown by affidavit of the licensee, the 16 majority ownership interest of the licensee has not changed or 17 the name of the person appearing as franchisee on the sales 18 and service agreement has not changed. Modification of a 19 license certificate to show any name change as herein provided 20 shall not require initial licensure or reissuance of dealer 21 tags; however, any dealer obtaining a name change shall 22 transact all business in and be properly identified by that 23 name. All documents relative to licensure shall reflect the 24 new name. In the case of a franchise dealer, the name change 25 shall be approved by the manufacturer, distributor, or 26 importer. A licensee applying for a name change endorsement 27 shall pay a fee of $25 which fee shall apply to the change in 28 the name of a main location and all additional locations 29 licensed under the provisions of subsection (5). Each initial 30 license application received by the department shall be 31 accompanied by verification that, within the preceding 6 41 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 months, the applicant, or one or more of his or her designated 2 employees, has attended a training and information seminar 3 conducted by a licensed motor vehicle dealer training school. 4 Any applicant for a new franchised motor vehicle dealer 5 license who has held a valid franchised motor vehicle dealer 6 license continuously for the past 2 years and who remains in 7 good standing with the department is exempt from the 8 prelicensing training requirement. Such seminar shall include, 9 but is not limited to, statutory dealer requirements, which 10 requirements include required bookkeeping and recordkeeping 11 procedures, requirements for the collection of sales and use 12 taxes, and such other information that in the opinion of the 13 department will promote good business practices. No seminar 14 may exceed 8 hours in length. 15 (b) Each initial license application received by the 16 department for licensure under subparagraph (1)(c)2. must be 17 accompanied by verification that, within the preceding 6 18 months, the applicant (owner, partner, officer of the 19 corporation, or director of the applicant, or a full-time 20 employee of the applicant that holds a responsible 21 management-level position) has successfully completed training 22 conducted by a licensed motor vehicle dealer training school. 23 Such training must include training in titling and 24 registration of motor vehicles, laws relating to unfair and 25 deceptive trade practices, laws relating to financing with 26 regard to buy-here, pay-here operations, and such other 27 information that in the opinion of the department will promote 28 good business practices. Successful completion of this 29 training shall be determined by examination administered at 30 the end of the course and attendance of no less than 90 31 percent of the total hours required by such school. Any 42 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 applicant who had held a valid motor vehicle dealer's license 2 within the past 2 years and who remains in good standing with 3 the department is exempt from the requirements of this 4 paragraph. In the case of nonresident applicants, the 5 requirement to attend such training shall be placed on any 6 employee of the licensee who holds a responsible 7 management-level position and who is employed full-time at the 8 motor vehicle dealership. The department shall have the 9 authority to adopt any rule necessary for establishing the 10 training curriculum; length of training, which shall not 11 exceed 8 hours for required department topics and shall not 12 exceed an additional 24 hours for topics related to other 13 regulatory agencies' instructor qualifications; and any other 14 requirements under this section. The curriculum for other 15 subjects shall be approved by any and all other regulatory 16 agencies having jurisdiction over specific subject matters; 17 however, the overall administration of the licensing of these 18 dealer schools and their instructors shall remain with the 19 department. Such schools are authorized to charge a fee. 20 This privatized method for training applicants for dealer 21 licensing pursuant to subparagraph (1)(c)2. is a pilot program 22 that shall be evaluated by the department after it has been in 23 operation for a period of 2 years. 24 (9) DENIAL, SUSPENSION, OR REVOCATION.-- 25 (b) The department may deny, suspend, or revoke any 26 license issued hereunder or under the provisions of s. 320.77 27 or s. 320.771 upon proof that a licensee has committed, with 28 sufficient frequency so as to establish a pattern of 29 wrongdoing on the part of a licensee, violations of one or 30 more of the following activities: 31 1. Representation that a demonstrator is a new motor 43 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 vehicle, or the attempt to sell or the sale of a demonstrator 2 as a new motor vehicle without written notice to the purchaser 3 that the vehicle is a demonstrator. For the purposes of this 4 section, a "demonstrator," a "new motor vehicle," and a "used 5 motor vehicle" shall be defined as under s. 320.60. 6 2. Unjustifiable refusal to comply with a licensee's 7 responsibility under the terms of the new motor vehicle 8 warranty issued by its respective manufacturer, distributor, 9 or importer. However, if such refusal is at the direction of 10 the manufacturer, distributor, or importer, such refusal shall 11 not be a ground under this section. 12 3. Misrepresentation or false, deceptive, or 13 misleading statements with regard to the sale or financing of 14 motor vehicles which any motor vehicle dealer has, or causes 15 to have, advertised, printed, displayed, published, 16 distributed, broadcast, televised, or made in any manner with 17 regard to the sale or financing of motor vehicles. 18 4. Failure by any motor vehicle dealer to provide a 19 customer or purchaser with an odometer disclosure statement 20 and a copy of any bona fide written, executed sales contract 21 or agreement of purchase connected with the purchase of the 22 motor vehicle purchased by the customer or purchaser. 23 5. Failure of any motor vehicle dealer to comply with 24 the terms of any bona fide written, executed agreement, 25 pursuant to the sale of a motor vehicle. 26 6. Failure to apply for transfer of a title as 27 prescribed in s. 319.23(6). 28 7. Use of the dealer license identification number by 29 any person other than the licensed dealer or his or her 30 designee. 31 8. Failure to continually meet the requirements of the 44 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 licensure law. 2 9. Representation to a customer or any advertisement 3 to the public representing or suggesting that a motor vehicle 4 is a new motor vehicle if such vehicle lawfully cannot be 5 titled in the name of the customer or other member of the 6 public by the seller using a manufacturer's statement of 7 origin as permitted in s. 319.23(1). 8 10. Requirement by any motor vehicle dealer that a 9 customer or purchaser accept equipment on his or her motor 10 vehicle which was not ordered by the customer or purchaser. 11 11. Requirement by any motor vehicle dealer that any 12 customer or purchaser finance a motor vehicle with a specific 13 financial institution or company. 14 12. Requirement by any motor vehicle dealer that the 15 purchaser of a motor vehicle contract with the dealer for 16 physical damage insurance. 17 13. Perpetration of a fraud upon any person as a 18 result of dealing in motor vehicles, including, without 19 limitation, the misrepresentation to any person by the 20 licensee of the licensee's relationship to any manufacturer, 21 importer, or distributor. 22 14. Violation of any of the provisions of s. 319.35 by 23 any motor vehicle dealer. 24 15. Sale by a motor vehicle dealer of a vehicle 25 offered in trade by a customer prior to consummation of the 26 sale, exchange, or transfer of a newly acquired vehicle to the 27 customer, unless the customer provides written authorization 28 for the sale of the trade-in vehicle prior to delivery of the 29 newly acquired vehicle. 30 16. Willful failure to comply with any administrative 31 rule adopted by the department or the provisions of s. 45 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 320.131(8). 2 17. Violation of chapter 319, this chapter, or ss. 3 559.901-559.9221, which has to do with dealing in or repairing 4 motor vehicles or mobile homes. Additionally, in the case of 5 used motor vehicles, the willful violation of the federal law 6 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining 7 to the consumer sales window form. 8 18. Failure to maintain evidence of notification to 9 the owner or coowner of a vehicle regarding registration or 10 titling fees owned as required in s. 320.02(19). 11 19. Failure to register a mobile home salesperson with 12 the department as required by this section. 13 Section 33. Subsection (5) is added to section 14 320.405, Florida Statutes, to read: 15 320.405 International Registration Plan; inspection of 16 records; hearings.-- 17 (5) The department may enter into an agreement for 18 scheduling the payment of taxes or penalties owed to the 19 department as a result of an audit assessment issued under 20 this section. 21 Section 34. Subsection (1) of section 320.77 is 22 amended, present subsections (9) through (15) are redesignated 23 as subsections (10) through (16), respectively, and a new 24 subsection (9) is added to that section, to read: 25 320.77 License required of mobile home dealers.-- 26 (1) DEFINITIONS.--As used in this section: 27 (a) "Dealer" means any person engaged in the business 28 of buying, selling, or dealing in mobile homes or offering or 29 displaying mobile homes for sale. The term "dealer" includes 30 a mobile home broker. Any person who buys, sells, deals in, or 31 offers or displays for sale, or who acts as the agent for the 46 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 sale of, one or more mobile homes in any 12-month period shall 2 be prima facie presumed to be a dealer. The terms "selling" 3 and "sale" include lease-purchase transactions. The term 4 "dealer" does not include banks, credit unions, and finance 5 companies that acquire mobile homes as an incident to their 6 regular business and does not include mobile home rental and 7 leasing companies that sell mobile homes to dealers licensed 8 under this section. A licensed dealer may transact business in 9 recreational vehicles with a motor vehicle auction as defined 10 in s. 320.27(1)(c)4. Any licensed dealer dealing exclusively 11 in mobile homes shall not have benefit of the privilege of 12 using dealer license plates. 13 (b) "Mobile home broker" means any person who is 14 engaged in the business of offering to procure or procuring 15 used mobile homes for the general public; who holds himself or 16 herself out through solicitation, advertisement, or otherwise 17 as one who offers to procure or procures used mobile homes for 18 the general public; or who acts as the agent or intermediary 19 on behalf of the owner or seller of a used mobile home which 20 is for sale or who assists or represents the seller in finding 21 a buyer for the mobile home. 22 (c)1. "Mobile home salesperson" means a person not 23 otherwise expressly excluded by this section who: 24 a. Is employed as a salesperson by a mobile home 25 dealer, as defined in s. 320.77, or who, under any contract, 26 agreement, or arrangement with a dealer, for a commission, 27 money, profit, or any other thing of value, sells, exchanges, 28 buys, or offers for sale, negotiates, or attempts to negotiate 29 a sale or exchange of an interest in a mobile home required to 30 be titled under this chapter; 31 b. Induces or attempts to induce any person to buy or 47 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 exchange an interest in a mobile home required to be 2 registered and who receives or expects to receive a 3 commission, money, brokerage fees, profit, or any other thing 4 of value from the seller or purchaser of the mobile home; or 5 c. Exercises managerial control over the business of a 6 licensed mobile home dealer or who supervises mobile home 7 salespersons employed by a licensed mobile home dealer, 8 whether compensated by salary or commission, including, but 9 not limited to, any person who is employed by the mobile home 10 dealer as a general manager, assistant general manager, or 11 sales manager, or any employee of a licensed mobile home 12 dealer who negotiates with or induces a customer to enter into 13 a security agreement or purchase agreement or purchase order 14 for the sale of a mobile home on behalf of the licensed mobile 15 home dealer. 16 2. The term does not include: 17 a. A representative of an insurance company or a 18 finance company, or a public official who, in the regular 19 course of business, is required to dispose of or sell mobile 20 homes under a contractual right or obligation of the employer, 21 in the performance of an official duty, or under the authority 22 of any court if the sale is to save the seller from any loss 23 or pursuant to the authority of a court. 24 b. A person who is licensed as a manufacturer, 25 remanufacturer, transporter, distributor, or representative of 26 mobile homes. 27 c. A person who is licensed as a mobile home dealer 28 under this chapter. 29 d. A person not engaged in the purchase or sale of 30 mobile homes as a business who is disposing of mobile homes 31 acquired for his or her own use or for use in his or her 48 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 business if the mobile homes were acquired and used in good 2 faith and not for the purpose of avoiding the provisions of 3 this chapter. 4 (9) Salespersons to be registered by licensees.-- 5 (a) Each licensee shall register with the department, 6 within 30 days after the date of hire, the name, local 7 residence address, and home telephone number of each person 8 employed by such licensee as a mobile home salesperson. A 9 licensee may not provide a post office box in lieu of a 10 physical residential address. 11 (b) Each time a mobile home salesperson employed by a 12 licensee changes his residence address, the salesperson must 13 notify the department within 20 days after the change. 14 (c) Quarterly, each licensee shall notify the 15 department of the termination or separation from employment of 16 each mobile home salesperson employed by the licensee. Each 17 notification must be on a form prescribed by the department. 18 Section 35. Section 320.781, Florida Statutes, is 19 amended to read: 20 320.781 Mobile Home and Recreational Vehicle 21 Protection Trust Fund.-- 22 (1) There is hereby established a Mobile Home and 23 Recreational Vehicle Protection Trust Fund. The trust fund 24 shall be administered and managed by the Department of Highway 25 Safety and Motor Vehicles. The expenses incurred by the 26 department in administering this section shall be paid only 27 from appropriations made from the trust fund. 28 (2) Beginning October 1, 1990, the department shall 29 charge and collect an additional fee of $1 for each new mobile 30 home and new recreational vehicle title transaction for which 31 it charges a fee. This additional fee shall be deposited into 49 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 the trust fund. The Department of Highway Safety and Motor 2 Vehicles shall charge a fee of $40 per annual dealer and 3 manufacturer license and license renewal, which shall be 4 deposited into the trust fund. The sums deposited in the trust 5 fund shall be used exclusively for carrying out the purposes 6 of this section. These sums may be invested and reinvested by 7 the Chief Financial Officer under the same limitations as 8 apply to investment of other state funds, with all interest 9 from these investments deposited to the credit of the trust 10 fund. 11 (3) The trust fund shall be used to satisfy any 12 judgment or claim by any person, as provided by this section, 13 against a mobile home or recreational vehicle dealer or broker 14 for damages, restitution, or expenses, including reasonable 15 attorney's fees, resulting from a cause of action directly 16 related to the conditions of any written contract made by him 17 or her in connection with the sale, exchange, or improvement 18 of any mobile home or recreational vehicle, or for any 19 violation of chapter 319 or this chapter. 20 (4) The trust fund shall not be liable for any 21 judgment, or part thereof, resulting from any tort claim 22 except as expressly provided in subsection (3), nor for any 23 punitive, exemplary, double, or treble damages. A person, the 24 state, or any political subdivision thereof may recover 25 against the mobile home or recreational vehicle dealer, 26 broker, or surety, jointly and severally, for such damages, 27 restitution, or expenses; provided, however, that in no event 28 shall the trust fund or the surety be liable for an amount in 29 excess of actual damages, restitution, or expenses. 30 (5) Subject to the limitations and requirements of 31 this section, the trust fund shall be used by the department 50 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 to compensate persons who have unsatisfied judgments, or in 2 certain limited circumstances unsatisfied claims, against a 3 mobile home or recreational vehicle dealer or broker. The 4 following conditions must exist for a person to be eligible to 5 file a claim against the trust fund in one of the following 6 situations: 7 (a) The claimant has obtained a final judgment that 8 which is unsatisfied against the mobile home or recreational 9 vehicle dealer or broker or its surety jointly and severally, 10 or against the mobile home dealer or broker only, if the court 11 found that the surety was not liable due to prior payment of 12 valid claims against the bond in an amount equal to, or 13 greater than, the face amount of the applicable bond; or the 14 claimant is prohibited from filing a claim in a lawsuit 15 because a bankruptcy proceeding is pending by the dealer or 16 broker, and the claimant has filed a claim in that bankruptcy 17 proceeding; or the dealer or broker has closed his or her 18 business and cannot be found or located within the 19 jurisdiction of the state; and. 20 (b) A claim has been made in a lawsuit against the 21 surety and a judgment obtained is unsatisfied; a claim has 22 been made in a lawsuit against the surety which has been 23 stayed or discharged in a bankruptcy proceeding; or a claimant 24 is prohibited from filing a claim in a lawsuit because a 25 bankruptcy proceeding is pending by surety or the surety is 26 not liable due to the prior payment of valid claims against 27 the bond in an amount equal to, or greater than, the face 28 amount of the applicable bond. However, a claimant may not 29 recover against the trust fund if the claimant has recovered 30 from the surety an amount that is equal to or greater than the 31 total loss. The claimant has obtained a judgment against the 51 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 surety of the mobile home or recreational vehicle dealer or 2 broker that is unsatisfied. 3 (c) The claimant has alleged a claim against the 4 mobile home or recreational vehicle dealer or broker in a 5 lawsuit which has been stayed or discharged as a result of the 6 filing for reorganization or discharge in bankruptcy by the 7 dealer or broker, and judgment against the surety is not 8 possible because of the bankruptcy or liquidation of the 9 surety, or because the surety has been found by a court of 10 competent jurisdiction not to be liable due to prior payment 11 of valid claims against the bond in an amount equal to, or 12 greater than, the face amount of the applicable bond. 13 (6) In order to recover from the trust fund, the 14 person must file an application and verified claim with the 15 department. 16 (a) If the claimant has obtained a judgment that which 17 is unsatisfied against the mobile home or recreational vehicle 18 dealer or broker or its surety as set forth in this section, 19 the verified claim must specify the following: 20 1.a. That the judgment against the mobile home or 21 recreational vehicle dealer or broker and its surety has been 22 entered; or 23 b. That the judgment against the mobile home or 24 recreational vehicle dealer or broker contains a specific 25 finding that the surety has no liability, that execution has 26 been returned unsatisfied, and that a judgment lien has been 27 perfected; 28 2. The amount of actual damages broken down by 29 category as awarded by the court or jury in the cause which 30 resulted in the unsatisfied judgment, and the amount of 31 attorney's fees set forth in the unsatisfied judgment; 52 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 3. The amount of payment or other consideration 2 received, if any, from the mobile home or recreational vehicle 3 dealer or broker or its surety; 4 4. The amount that may be realized, if any, from the 5 sale of real or personal property or other assets of the 6 judgment debtor liable to be sold or applied in satisfaction 7 of the judgment and the balance remaining due on the judgment 8 after application of the amount which has been realized and a 9 certification that the claimant has made a good faith effort 10 to collect the judgment; and 11 5. An assignment by the claimant of rights, title, or 12 interest in the unsatisfied judgement lien to the department; 13 and 14 6.5. Such other information as the department 15 requires. 16 (b) If the claimant has alleged a claim as set forth 17 in paragraph (5)(a) (5)(c) and for the reasons set forth 18 therein has not been able to secure a judgment, the verified 19 claim must contain the following: 20 1. A true copy of the pleadings in the lawsuit that 21 which was stayed or discharged by the bankruptcy court and the 22 order of the bankruptcy court staying those proceedings or a 23 true copy of the claim that was filed in the bankruptcy court 24 proceedings; 25 2. Allegations of the acts or omissions by the mobile 26 home or recreational vehicle dealer or broker setting forth 27 the specific acts or omissions complained of which resulted in 28 actual damage to the person, along with the actual dollar 29 amount necessary to reimburse or compensate the person for 30 costs or expenses resulting from the acts or omissions of 31 which the person complained; 53 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 3. True copies of all purchase agreements, notices, 2 service or repair orders or papers or documents of any kind 3 whatsoever which the person received in connection with the 4 purchase, exchange, or lease-purchase of the mobile home or 5 recreational vehicle from which the person's cause of action 6 arises; and 7 4. An assignment by the claimant of rights, title, or 8 interest in the claim to the department; and 9 5.4. Such other information as the department 10 requires. 11 (c) The department may require such proof as it deems 12 necessary to document the matters set forth in the claim. 13 (7) Within 90 days after receipt of the application 14 and verified claim, the department shall issue its 15 determination on the claim. Such determination shall not be 16 subject to the provisions of chapter 120, but shall be 17 reviewable only by writ of certiorari in the circuit court in 18 the county in which the claimant resides in the manner and 19 within the time provided by the Florida Rules of Appellate 20 Procedure. The claim must be paid within 45 days after the 21 determination, or, if judicial review is sought, within 45 22 days after the review becomes final. A person may not be paid 23 an amount from the fund in excess of $25,000 per mobile home 24 or recreational vehicle, which includes any damages, 25 restitution, payments received as the result of a claim 26 against the surety bond, or expenses, including reasonable 27 attorney's fees. Prior to payment, the person must execute an 28 assignment to the department of all the person's rights and 29 title to, and interest in, the unsatisfied judgment and 30 judgment lien or the claim against the dealer or broker and 31 its surety. 54 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 (8) The department, in its discretion and where 2 feasible, may try to recover from the mobile home or 3 recreational vehicle dealer or broker, or the judgment debtor 4 or its surety, all sums paid to persons from the trust fund. 5 Any sums recovered shall be deposited to the credit of the 6 trust fund. The department shall be awarded a reasonable 7 attorney's fee for all actions taken to recover any sums paid 8 to persons from the trust fund pursuant to this section. 9 (9) This section does not apply to any claim, and a 10 person may not recover against the trust fund as the result of 11 any claim, against a mobile home or recreational vehicle 12 dealer or broker resulting from a cause of action directly 13 related to the sale, lease-purchase, exchange, brokerage, or 14 installation of a mobile home or recreational vehicle prior to 15 July 1, 2006 October 1, 1990. 16 (10) Neither the department, nor the trust fund shall 17 be liable to any person for recovery if the trust fund does 18 not have the moneys necessary to pay amounts claimed. If the 19 trust fund does not have sufficient assets to pay the 20 claimant, it shall log the time and date of its determination 21 for payment to a claimant. If moneys become available, the 22 department shall pay the claimant whose unpaid claim is the 23 earliest by time and date of determination. 24 (11) It is unlawful for any person or his or her agent 25 to file any notice, statement, or other document required 26 under this section which is false or contains any material 27 misstatement of fact. Any person who violates this subsection 28 is guilty of a misdemeanor of the second degree, punishable as 29 provided in s. 775.082 or s. 775.083. 30 Section 36. Subsection (16) of section 322.01, Florida 31 Statutes, is amended, and subsections (43) and (44) are added 55 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 to that section, to read: 2 322.01 Definitions.--As used in this chapter: 3 (16) "Driver's license" means a certificate that 4 which, subject to all other requirements of law, authorizes an 5 individual to drive a motor vehicle and denotes an operator's 6 license as defined in 49 U.S.C. s. 30301. 7 (43) "Identification card" means a personal 8 identification card issued by the department which conforms to 9 the definition in 18 U.S.C. s. 1028(d). 10 (44) "Temporary driver's license" or "temporary 11 identification card" means a certificate issued by the 12 department which, subject to all other requirements of law, 13 authorizes an individual to drive a motor vehicle and denotes 14 an operator's license, as defined in 49 U.S.C. s. 30301, or a 15 personal identification card issued by the department which 16 conforms to the definition in 18 U.S.C. s. 1028(d) and denotes 17 that the holder is permitted to stay for a short duration of 18 time, as specified on the temporary identification card, and 19 is not a permanent resident of the United States. 20 Section 37. Subsection (1) of section 322.02, Florida 21 Statutes, is amended to read: 22 322.02 Legislative intent; administration.-- 23 (1) The Legislature finds that over the past several 24 years the department and individual county tax collectors have 25 entered into contracts for the delivery of full and limited 26 driver license services where such contractual relationships 27 best served the public interest through state administration 28 and enforcement and local government implementation. It is the 29 intent of the Legislature that future interests and processes 30 for developing and expanding the department's relationship 31 with tax collectors and other county constitutional officers 56 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 through contractual relationships for the delivery of driver 2 license services be achieved through the provisions of this 3 chapter, thereby serving best the public interest considering 4 accountability, cost-effectiveness, efficiency, 5 responsiveness, and high-quality service to the drivers in 6 Florida. 7 Section 38. Subsection (2) of section 322.05, Florida 8 Statutes, is amended to read: 9 322.05 Persons not to be licensed.--The department may 10 not issue a license: 11 (2) To a person who is at least 16 years of age but is 12 under 18 years of age unless the person meets the requirements 13 of s. 322.091 and holds a valid: 14 (a) Learner's driver's license for at least 12 months, 15 with no moving traffic convictions, before applying for a 16 license; 17 (b) Learner's driver's license for at least 12 months 18 and who has a moving traffic conviction but elects to attend a 19 traffic driving school for which adjudication must be withheld 20 pursuant to s. 318.14; or 21 (c) License that was issued in another state or in a 22 foreign jurisdiction and that would not be subject to 23 suspension or revocation under the laws of this state. 24 Section 39. Subsection (1) of section 322.051, Florida 25 Statutes, is amended to read: 26 322.051 Identification cards.-- 27 (1) Any person who is 5 12 years of age or older, or 28 any person who has a disability, regardless of age, who 29 applies for a disabled parking permit under s. 320.0848, may 30 be issued an identification card by the department upon 31 completion of an application and payment of an application 57 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 fee. 2 (a) Each such application shall include the following 3 information regarding the applicant: 4 1. Full name (first, middle or maiden, and last), 5 gender, social security card number, county of residence and 6 mailing address, country of birth, and a brief description. 7 2. Proof of birth date satisfactory to the department. 8 3. Proof of identity satisfactory to the department. 9 Such proof must include one of the following documents issued 10 to the applicant: 11 a. A driver's license record or identification card 12 record from another jurisdiction that required the applicant 13 to submit a document for identification which is substantially 14 similar to a document required under sub-subparagraph b., 15 sub-subparagraph c., sub-subparagraph d., sub-subparagraph e., 16 sub-subparagraph f., or sub-subparagraph g.; 17 b. A certified copy of a United States birth 18 certificate; 19 c. A United States passport; 20 d. A naturalization certificate issued by the United 21 States Department of Homeland Security; 22 e. An alien registration receipt card (green card); 23 f. An employment authorization card issued by the 24 United States Department of Homeland Security; or 25 g. Proof of nonimmigrant classification provided by 26 the United States Department of Homeland Security, for an 27 original identification card. In order to prove such 28 nonimmigrant classification, applicants may produce but are 29 not limited to the following documents: 30 (I) A notice of hearing from an immigration court 31 scheduling a hearing on any proceeding. 58 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 (II) A notice from the Board of Immigration Appeals 2 acknowledging pendency of an appeal. 3 (III) Notice of the approval of an application for 4 adjustment of status issued by the United States Bureau of 5 Citizenship and Immigration Services. 6 (IV) Any official documentation confirming the filing 7 of a petition for asylum or refugee status or any other relief 8 issued by the United States Bureau of Citizenship and 9 Immigration Services. 10 (V) Notice of action transferring any pending matter 11 from another jurisdiction to Florida, issued by the United 12 States Bureau of Citizenship and Immigration Services. 13 (VI) Order of an immigration judge or immigration 14 officer granting any relief that authorizes the alien to live 15 and work in the United States including, but not limited to 16 asylum. 17 (VII) Evidence that an application is pending for 18 adjustment of status to that of an alien lawfully admitted for 19 permanent residence in the United States or conditional 20 permanent resident status in the United States, if a visa 21 number is available having a current priority date for 22 processing by the United States Bureau of Citizenship and 23 Immigration Services. 24 25 Presentation of any of the documents described in 26 sub-subparagraph f. or sub-subparagraph g. entitles the 27 applicant to an identification card for a period not to exceed 28 the expiration date of the document presented or 1 year 2 29 years, whichever first occurs. 30 (b) An application for an identification card must be 31 signed and verified by the applicant in a format designated by 59 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 the department before a person authorized to administer oaths. 2 The fee for an identification card is $3, including payment 3 for the color photograph or digital image of the applicant. 4 (c) Each such applicant may include fingerprints and 5 any other unique biometric means of identity. 6 Section 40. Subsection (2) of section 322.08, Florida 7 Statutes, is amended to read: 8 322.08 Application for license.-- 9 (2) Each such application shall include the following 10 information regarding the applicant: 11 (a) Full name (first, middle or maiden, and last), 12 gender, social security card number, county of residence and 13 mailing address, country of birth, and a brief description. 14 (b) Proof of birth date satisfactory to the 15 department. 16 (c) Proof of identity satisfactory to the department. 17 Such proof must include one of the following documents issued 18 to the applicant: 19 1. A driver's license record or identification card 20 record from another jurisdiction that required the applicant 21 to submit a document for identification which is substantially 22 similar to a document required under subparagraph 2., 23 subparagraph 3., subparagraph 4., subparagraph 5., 24 subparagraph 6., or subparagraph 7.; 25 2. A certified copy of a United States birth 26 certificate; 27 3. A United States passport; 28 4. A naturalization certificate issued by the United 29 States Department of Homeland Security; 30 5. An alien registration receipt card (green card); 31 6. An employment authorization card issued by the 60 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 United States Department of Homeland Security; or 2 7. Proof of nonimmigrant classification provided by 3 the United States Department of Homeland Security, for an 4 original driver's license. In order to prove nonimmigrant 5 classification, an applicant may produce the following 6 documents, including, but not limited to: 7 a. A notice of hearing from an immigration court 8 scheduling a hearing on any proceeding. 9 b. A notice from the Board of Immigration Appeals 10 acknowledging pendency of an appeal. 11 c. A notice of the approval of an application for 12 adjustment of status issued by the United States Bureau of 13 Citizenship and Immigration Services and Naturalization 14 Service. 15 d. Any official documentation confirming the filing of 16 a petition for asylum or refugee status or any other relief 17 issued by the United States Bureau of Citizenship and 18 Immigration Services and Naturalization Service. 19 e. A notice of action transferring any pending matter 20 from another jurisdiction to this state issued by the United 21 States Bureau of Citizenship and Immigration Services and 22 Naturalization Service. 23 f. An order of an immigration judge or immigration 24 officer granting any relief that authorizes the alien to live 25 and work in the United States, including, but not limited to, 26 asylum. 27 g. Evidence that an application is pending for 28 adjustment of status to that of an alien lawfully admitted for 29 permanent residence in the United States or conditional 30 permanent resident status in the United States, if a visa 31 number is available having a current priority date for 61 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 processing by the United States Bureau of Citizenship and 2 Immigration Services. 3 4 Presentation of any of the documents in subparagraph 6. or 5 subparagraph 7. entitles the applicant to a driver's license 6 or temporary permit for a period not to exceed the expiration 7 date of the document presented or 1 year 2 years, whichever 8 occurs first. 9 (d) Whether the applicant has previously been licensed 10 to drive, and, if so, when and by what state, and whether any 11 such license or driving privilege has ever been disqualified, 12 revoked, or suspended, or whether an application has ever been 13 refused, and, if so, the date of and reason for such 14 disqualification, suspension, revocation, or refusal. 15 (e) Each such application may include fingerprints and 16 other unique biometric means of identity. 17 Section 41. Effective July 1, 2008, subsection (5) of 18 section 322.12, Florida Statutes, is amended to read: 19 322.12 Examination of applicants.-- 20 (5)(a) The department shall formulate a separate 21 examination for applicants for licenses to operate 22 motorcycles. Any applicant for a driver's license who wishes 23 to operate a motorcycle, and who is otherwise qualified, must 24 successfully complete such an examination, which is in 25 addition to the examination administered under subsection (3). 26 The examination must test the applicant's knowledge of the 27 operation of a motorcycle and of any traffic laws specifically 28 relating thereto and must include an actual demonstration of 29 his or her ability to exercise ordinary and reasonable control 30 in the operation of a motorcycle. Any applicant who fails to 31 pass the initial knowledge examination will incur a $5 fee for 62 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 each subsequent examination, to be deposited into the Highway 2 Safety Operating Trust Fund. Any applicant who fails to pass 3 the initial skills examination will incur a $10 fee for each 4 subsequent examination, to be deposited into the Highway 5 Safety Operating Trust Fund. In the formulation of the 6 examination, the department shall consider the use of the 7 Motorcycle Operator Skills Test and the Motorcycle in Traffic 8 Test offered by the Motorcycle Safety Foundation. The 9 department shall indicate on the license of any person who 10 successfully completes the examination that the licensee is 11 authorized to operate a motorcycle. If the applicant wishes to 12 be licensed to operate a motorcycle only, he or she need not 13 take the skill or road test required under subsection (3) for 14 the operation of a motor vehicle, and the department shall 15 indicate such a limitation on his or her license as a 16 restriction. Every first-time applicant for licensure to 17 operate a motorcycle who is under 21 years of age must provide 18 proof of completion of a motorcycle safety course, as provided 19 for in s. 322.0255, before the applicant may be licensed to 20 operate a motorcycle. 21 (b) The department may exempt any applicant from the 22 examination provided in this subsection if the applicant 23 presents a certificate showing successful completion of a 24 course approved by the department, which course includes a 25 similar examination of the knowledge and skill of the 26 applicant in the operation of a motorcycle. 27 Section 42. Subsection (8) of section 322.121, Florida 28 Statutes, is amended to read: 29 322.121 Periodic reexamination of all drivers.-- 30 (8) In addition to any other examination authorized by 31 this section, an applicant for a renewal of an endorsement 63 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) 2 may be required to complete successfully an examination of his 3 or her knowledge regarding state and federal rules, 4 regulations, and laws, governing the type of vehicle which he 5 or she is seeking an endorsement to operate. 6 Section 43. Subsection (10) is added to section 7 322.135, Florida Statutes, to read: 8 322.135 Driver's license agents.-- 9 (10) The department may contract with any county 10 constitutional officer to provide driver license services in 11 the same manner as provided in this section in a county where 12 the tax collector is not elected or elects not to provide 13 driver license services. 14 Section 44. Section 322.2615, Florida Statutes, is 15 amended to read: 16 322.2615 Suspension of license; right to review.-- 17 (1)(a) A law enforcement officer or correctional 18 officer shall, on behalf of the department, suspend the 19 driving privilege of a person who is driving or in actual 20 physical control of a motor vehicle and who has an has been 21 arrested by a law enforcement officer for a violation of s. 22 316.193, relating to unlawful blood-alcohol level or 23 breath-alcohol level of 0.08 or higher, or of a person who has 24 refused to submit to a breath, urine, or blood test or a test 25 of his or her breath-alcohol or blood-alcohol level authorized 26 by s. 316.1932. The officer shall take the person's driver's 27 license and issue the person a 10-day temporary permit if the 28 person is otherwise eligible for the driving privilege and 29 shall issue the person a notice of suspension. If a blood test 30 has been administered, the results of which are not available 31 to the officer or at the time of the arrest, the agency 64 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 employing the officer shall transmit such results to the 2 department within 5 days after receipt of the results. If the 3 department then determines that the person was arrested for a 4 violation of s. 316.193 and that the person had a 5 blood-alcohol level or breath-alcohol level of 0.08 or higher, 6 the department shall suspend the person's driver's license 7 pursuant to subsection (3). 8 (b) The suspension under paragraph (a) shall be 9 pursuant to, and the notice of suspension shall inform the 10 driver of, the following: 11 1.a. The driver refused to submit to a lawful breath, 12 blood, or urine test and his or her driving privilege is 13 suspended for a period of 1 year for a first refusal or for a 14 period of 18 months if his or her driving privilege has been 15 previously suspended as a result of a refusal to submit to 16 such a test; or 17 b. The driver was driving or in actual physical 18 control of a motor vehicle and had violated s. 316.193 by 19 driving with an unlawful blood-alcohol level or breath-alcohol 20 level of 0.08 or higher as provided in that section and his or 21 her driving privilege is suspended for a period of 6 months 22 for a first offense or for a period of 1 year if his or her 23 driving privilege has been previously suspended under this 24 section for a violation of s. 316.193. 25 2. The suspension period shall commence on the date of 26 arrest or issuance of the notice of suspension, whichever is 27 later. 28 3. The driver may request a formal or informal review 29 of the suspension by the department within 10 days after the 30 date of arrest or issuance of the notice of suspension, 31 whichever is later. 65 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 4. The temporary permit issued at the time of 2 suspension arrest expires will expire at midnight of the 10th 3 day following the date of arrest or issuance of the notice of 4 suspension, whichever is later. 5 5. The driver may submit to the department any 6 materials relevant to the suspension arrest. 7 (2) Except as provided in paragraph (1)(a), the law 8 enforcement officer shall forward to the department, within 5 9 days after issuing the date of the arrest, a copy of the 10 notice of suspension, the driver's license; of the person 11 arrested, and a report of the arrest, including an affidavit 12 stating the officer's grounds for belief that the person was 13 driving or in actual physical control of a motor vehicle while 14 under the influence of alcoholic beverages or chemical or 15 controlled substances arrested was in violation of s. 316.193; 16 the results of any breath or blood test or an affidavit 17 stating that a breath, blood, or urine test was requested by a 18 law enforcement officer or correctional officer and that the 19 person arrested refused to submit; a copy of the citation 20 issued to the person arrested; and the officer's description 21 of the person's field sobriety test, if any; the notice of 22 suspension; and a copy of the crash report, if any. The 23 failure of the officer to submit materials within the 5-day 24 period specified in this subsection and in subsection (1) does 25 shall not affect the department's ability to consider any 26 evidence submitted at or prior to the hearing. The officer 27 may also submit a copy of a videotape of the field sobriety 28 test or the attempt to administer such test. Materials 29 submitted to the department by a law enforcement agency or 30 correctional agency shall be considered self-authenticating 31 and shall be in the record for consideration by the hearing 66 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 officer. Notwithstanding s. 316.066(4), the crash report shall 2 be considered by the hearing officer. 3 (3) If the department determines that the license of 4 the person arrested should be suspended pursuant to this 5 section and if the notice of suspension has not already been 6 served upon the person by a law enforcement officer or 7 correctional officer as provided in subsection (1), the 8 department shall issue a notice of suspension and, unless the 9 notice is mailed pursuant to s. 322.251, a temporary permit 10 that which expires 10 days after the date of issuance if the 11 driver is otherwise eligible. 12 (4) If the person whose license was suspended arrested 13 requests an informal review pursuant to subparagraph (1)(b)3., 14 the department shall conduct the informal review by a hearing 15 officer employed by the department. Such informal review 16 hearing shall consist solely of an examination by the 17 department of the materials submitted by a law enforcement 18 officer or correctional officer and by the person whose 19 license was suspended arrested, and the presence of an officer 20 or witness is not required. 21 (5) After completion of the informal review, notice of 22 the department's decision sustaining, amending, or 23 invalidating the suspension of the driver's license of the 24 person whose license was suspended arrested must be provided 25 to such person. Such notice must be mailed to the person at 26 the last known address shown on the department's records, or 27 to the address provided in the law enforcement officer's 28 report if such address differs from the address of record, 29 within 21 days after the expiration of the temporary permit 30 issued pursuant to subsection (1) or subsection (3). 31 (6)(a) If the person whose license was suspended 67 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 arrested requests a formal review, the department must 2 schedule a hearing to be held within 30 days after such 3 request is received by the department and must notify the 4 person of the date, time, and place of the hearing. 5 (b) Such formal review hearing shall be held before a 6 hearing officer employed by the department, and the hearing 7 officer shall be authorized to administer oaths, examine 8 witnesses and take testimony, receive relevant evidence, issue 9 subpoenas for the officers and witnesses identified in 10 documents in subsection (2), regulate the course and conduct 11 of the hearing, question witnesses, and make a ruling on the 12 suspension. The department and the person arrested may 13 subpoena witnesses, and the party requesting the presence of a 14 witness shall be responsible for the payment of any witness 15 fees and for notifying in writing the state attorney's office 16 in the appropriate circuit of the issuance of the subpoena. 17 If the person who requests a formal review hearing fails to 18 appear and the hearing officer finds such failure to be 19 without just cause, the right to a formal hearing is waived 20 and the suspension shall be sustained. 21 (c) A party may seek enforcement of a subpoena under 22 paragraph (b) by filing a petition for enforcement in the 23 circuit court of the judicial circuit in which the person 24 failing to comply with the subpoena resides. A failure to 25 comply with an order of the court shall result in a finding of 26 contempt of court. However, a person is shall not be in 27 contempt while a subpoena is being challenged. 28 (d) The department must, within 7 working days after a 29 formal review hearing, send notice to the person of the 30 hearing officer's decision as to whether sufficient cause 31 exists to sustain, amend, or invalidate the suspension. 68 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 (7) In a formal review hearing under subsection (6) or 2 an informal review hearing under subsection (4), the hearing 3 officer shall determine by a preponderance of the evidence 4 whether sufficient cause exists to sustain, amend, or 5 invalidate the suspension. The scope of the review shall be 6 limited to the following issues: 7 (a) If the license was suspended for driving with an 8 unlawful blood-alcohol level or breath-alcohol level of 0.08 9 or higher in violation of s. 316.193: 10 1. Whether the arresting law enforcement officer had 11 probable cause to believe that the person whose license was 12 suspended was driving or in actual physical control of a motor 13 vehicle in this state while under the influence of alcoholic 14 beverages or chemical or controlled substances. 15 2. Whether the person was placed under lawful arrest 16 for a violation of s. 316.193. 17 2.3. Whether the person whose license was suspended 18 had an unlawful blood-alcohol level or breath-alcohol level of 19 0.08 or higher as provided in s. 316.193. 20 (b) If the license was suspended for refusal to submit 21 to a breath, blood, or urine test: 22 1. Whether the arresting law enforcement officer had 23 probable cause to believe that the person whose license was 24 suspended was driving or in actual physical control of a motor 25 vehicle in this state while under the influence of alcoholic 26 beverages or chemical or controlled substances. 27 2. Whether the person was placed under lawful arrest 28 for a violation of s. 316.193. 29 2.3. Whether the person whose license was suspended 30 refused to submit to any such test after being requested to do 31 so by a law enforcement officer or correctional officer. 69 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 3.4. Whether the person whose license was suspended 2 was told that if he or she refused to submit to such test his 3 or her privilege to operate a motor vehicle would be suspended 4 for a period of 1 year or, in the case of a second or 5 subsequent refusal, for a period of 18 months. 6 (8) Based on the determination of the hearing officer 7 pursuant to subsection (7) for both informal hearings under 8 subsection (4) and formal hearings under subsection (6), the 9 department shall: 10 (a) Sustain the suspension of the person's driving 11 privilege for a period of 1 year for a first refusal, or for a 12 period of 18 months if the driving privilege of such person 13 has been previously suspended as a result of a refusal to 14 submit to such tests, if the arrested person refused to submit 15 to a lawful breath, blood, or urine test. The suspension 16 period commences on the date of the arrest or issuance of the 17 notice of suspension, whichever is later. 18 (b) Sustain the suspension of the person's driving 19 privilege for a period of 6 months for a blood-alcohol level 20 or breath-alcohol level of 0.08 or higher violation of s. 21 316.193, or for a period of 1 year if the driving privilege of 22 such person has been previously suspended under this section 23 as a result of driving with an unlawful alcohol level a 24 violation of s. 316.193. The suspension period commences on 25 the date of the arrest or issuance of the notice of 26 suspension, whichever is later. 27 (9) A request for a formal review hearing or an 28 informal review hearing shall not stay the suspension of the 29 person's driver's license. If the department fails to 30 schedule the formal review hearing to be held within 30 days 31 after receipt of the request therefor, the department shall 70 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 invalidate the suspension. If the scheduled hearing is 2 continued at the department's initiative, the department shall 3 issue a temporary driving permit that which shall be valid 4 until the hearing is conducted if the person is otherwise 5 eligible for the driving privilege. Such permit may shall not 6 be issued to a person who sought and obtained a continuance of 7 the hearing. The permit issued under this subsection shall 8 authorize driving for business or employment use only. 9 (10) A person whose driver's license is suspended 10 under subsection (1) or subsection (3) may apply for issuance 11 of a license for business or employment purposes only if the 12 person is otherwise eligible for the driving privilege 13 pursuant to s. 322.271. 14 (a) If the suspension of the driver's license of the 15 person for failure to submit to a breath, urine, or blood test 16 is sustained, the person is not eligible to receive a license 17 for business or employment purposes only, pursuant to s. 18 322.271, until 90 days have elapsed after the expiration of 19 the last temporary permit issued. If the driver is not issued 20 a 10-day permit pursuant to this section or s. 322.64 because 21 he or she is ineligible for the permit and the suspension for 22 failure to submit to a breath, urine, or blood test is not 23 invalidated by the department, the driver is not eligible to 24 receive a business or employment license pursuant to s. 25 322.271 until 90 days have elapsed from the date of the 26 suspension. 27 (b) If the suspension of the driver's license of the 28 person arrested for a violation of s. 316.193, relating to 29 unlawful blood-alcohol level or breath-alcohol level of 0.08 30 or higher, is sustained, the person is not eligible to receive 31 a license for business or employment purposes only pursuant to 71 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 s. 322.271 until 30 days have elapsed after the expiration of 2 the last temporary permit issued. If the driver is not issued 3 a 10-day permit pursuant to this section or s. 322.64 because 4 he or she is ineligible for the permit and the suspension for 5 a violation of s. 316.193, relating to unlawful blood-alcohol 6 level or breath-alcohol level of 0.08 or higher, is not 7 invalidated by the department, the driver is not eligible to 8 receive a business or employment license pursuant to s. 9 322.271 until 30 days have elapsed from the date of the 10 suspension arrest. 11 (11) The formal review hearing may be conducted upon a 12 review of the reports of a law enforcement officer or a 13 correctional officer, including documents relating to the 14 administration of a breath test or blood test or the refusal 15 to take either test or the refusal to take a urine test. 16 However, as provided in subsection (6), the driver may 17 subpoena the officer or any person who administered or 18 analyzed a breath or blood test. 19 (12) The formal review hearing and the informal review 20 hearing are exempt from the provisions of chapter 120. The 21 department may is authorized to adopt rules for the conduct of 22 reviews under this section. 23 (13) A person may appeal any decision of the 24 department sustaining a suspension of his or her driver's 25 license by a petition for writ of certiorari to the circuit 26 court in the county wherein such person resides or wherein a 27 formal or informal review was conducted pursuant to s. 322.31. 28 However, an appeal shall not stay the suspension. A law 29 enforcement agency may appeal any decision of the department 30 invalidating a suspension by a petition for writ of certiorari 31 to the circuit court in the county wherein a formal or 72 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 informal review was conducted. This subsection shall not be 2 construed to provide for a de novo appeal. 3 (14)(a) The decision of the department under this 4 section or any circuit court review thereof may not be 5 considered in any trial for a violation of s. 316.193, and a 6 written statement submitted by a person in his or her request 7 for departmental review under this section may not be admitted 8 into evidence against him or her in any such trial. 9 (b) The disposition of any related criminal 10 proceedings does not affect a suspension for refusal to submit 11 to a blood, breath, or urine test, authorized by s. 316.1932 12 or s. 316.1933, imposed under this section. 13 (15) If the department suspends a person's license 14 under s. 322.2616, it may not also suspend the person's 15 license under this section for the same episode that was the 16 basis for the suspension under s. 322.2616. 17 (16) The department shall invalidate a suspension for 18 driving with an unlawful blood-alcohol level or breath-alcohol 19 level imposed under this section if the suspended person is 20 found not guilty at trial of an underlying violation of s. 21 316.193. 22 Section 45. (1) The Department of Highway Safety and 23 Motor Vehicles shall study the outsourcing of its driver 24 license services and shall make recommendations to the 25 Governor, the President of the Senate, and the Speaker of the 26 House of Representatives by January 1, 2007. As used in this 27 section, the term "outsourcing" means the process of 28 contracting with an external service provider or other 29 governmental agency to provide a service, in whole or in part, 30 while the department retains the responsibility and 31 accountability for the service. 73 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 (2) As part of its study, the department shall provide 2 a description of the services to be outsourced. Types of 3 issues for the department to consider must include, but need 4 not be limited to: 5 (a) A detailed description of the service to be 6 outsourced and a description and analysis of the department's 7 current performance of the service. 8 (b) A cost-benefit analysis describing the estimated 9 specific direct and indirect costs or savings; performance 10 improvements, including reduced wait times at driver license 11 offices; risks; and qualitative and quantitative benefits 12 involved in or resulting from outsourcing the service. The 13 cost-benefit analysis must include a detailed plan and 14 timeline identifying all actions that must be implemented to 15 realize the expected benefits. 16 (c) A statement of the potential effect on applicable 17 federal, state, and local revenues and expenditures. The 18 statement must specifically describe the effect on general 19 revenue, trust funds, general revenue service charges, and 20 interest on trust funds, together with the potential direct or 21 indirect effect on federal funding and cost allocations. 22 (d) A plan to ensure compliance with public-records 23 law. 24 (e) A transition and implementation plan for 25 addressing changes in the number of department personnel, 26 affected business processes, and employee-transition issues. 27 Such a plan must also specify the mechanism for continuing the 28 operation of the service if the contractor fails to perform or 29 comply with the performance standards and provisions of the 30 contract. Within this plan, the department shall identify all 31 resources, including full-time equivalent positions, which are 74 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 subject to outsourcing. 2 Section 46. Except as otherwise expressly provided in 3 this act, this act shall take effect October 1, 2006. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 Delete everything before the enacting clause 9 10 and insert: 11 A bill to be entitled 12 An act relating to the Department of Highway 13 Safety and Motor Vehicles; amending s. 207.008, 14 F.S.; requiring that a motor carrier maintain 15 certain tax records for a specified period; 16 amending s. 207.021, F.S.; authorizing the 17 department to adopt rules to resolve disputes 18 with motor carriers involving taxes, penalties, 19 interest, or refunds; providing for an 20 agreement with the department settling or 21 compromising a taxpayer's liability for any 22 tax, interest, or penalty; authorizing 23 agreements for scheduling payments of taxes, 24 penalties, or interest; amending s. 261.10, 25 F.S.; providing a limitation on liability in 26 off-highway vehicle recreation; creating s. 27 261.20, F.S.; authorizing operations of 28 off-highway vehicles on public lands; providing 29 restrictions; requiring safety courses; 30 defining prohibited acts; providing penalties; 31 amending s. 316.003, F.S.; defining the term 75 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 "full mount"; revising the definition of 2 "saddle mount" to provide for a full mount; 3 amending s. 316.006, F.S.; authorizing the 4 board of directors of a homeowner's association 5 to provide for local law enforcement agencies 6 to enforce state traffic laws on private roads 7 that are controlled by the association; 8 amending s. 316.0085, F.S.; applying provisions 9 that relate to liability with respect to 10 skateboarding, inline skating, and other 11 recreational pursuits to mountain and off-road 12 bicycling as well; requiring demonstration that 13 consent by a parent or legal guardian was 14 provided to a governmental entity in specified 15 circumstances; amending s. 316.1001, F.S.; 16 exempting the owner of a leased vehicle from 17 responsibility for a failure to pay a toll 18 violation under certain circumstances; amending 19 s. 316.192, F.S.; adding to the definition of 20 acts that constitute reckless driving; 21 specifying certain acts that constitute 22 reckless driving per se; amending s. 316.1955, 23 F.S.; exempting the owner of a leased vehicle 24 from responsibility for a violation of certain 25 disabled parking violations in specific 26 circumstances; amending s. 316.2015, F.S.; 27 deleting an exception to a prohibition against 28 persons riding on the exterior of a passenger 29 vehicle; revising exceptions to a prohibition 30 against persons riding on any vehicle on an 31 area of the vehicle not designed or intended 76 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 for the use of passengers; prohibiting an 2 operator from allowing certain minors to ride 3 within the open body of a pickup truck or 4 flatbed truck on limited access facilities; 5 providing exceptions; providing penalties; 6 providing for counties to be exempted from the 7 section; amending s. 316.2095, F.S.; deleting a 8 requirement that certain motorcycles be 9 equipped with passenger handholds; amending s. 10 316.211, F.S.; requiring a unique license plate 11 for a motorcycle registered to a person younger 12 than a specified age; creating s. 316.2123, 13 F.S.; providing for all-terrain vehicle 14 operation under certain conditions; requiring 15 the operator to provide proof of ownership to a 16 law enforcement officer; providing for counties 17 to be exempted from the act; amending s. 18 316.2125, F.S.; granting local jurisdictions 19 the authority to enact ordinances governing the 20 use of golf carts within a retirement community 21 which are more restrictive than state law; 22 creating s. 316.2128, F.S.; providing 23 requirements for the commercial sale of 24 motorized scooters and miniature motorcycles; 25 providing that a violation of the commercial 26 sales requirements is an unfair and deceptive 27 trade practice; amending s. 316.221, F.S.; 28 exempting dump trucks and similar vehicles from 29 the requirement that the rear registration 30 plate be illuminated; amending s. 316.302, 31 F.S.; updating references to federal commercial 77 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 motor vehicle regulations; revising 2 hours-of-service requirements for certain 3 intrastate motor carriers; revising conditions 4 for an exemption from commercial driver's 5 license requirements; revising weight 6 requirements for application of certain 7 exceptions to specified federal regulations and 8 to operation of certain commercial motor 9 vehicles by persons of a certain age; amending 10 s. 316.515, F.S.; authorizing certain uses of 11 forestry equipment; providing width and speed 12 limitations; requiring such vehicles to be 13 operated in accordance with specified safety 14 requirements; revising length and mount 15 requirements for automobile towaway and 16 driveaway operations; authorizing saddle mount 17 combinations to include one full mount; 18 amending s. 318.143, F.S., relating to 19 sanctions for infractions of ch. 316, F.S., 20 committed by minors; allowing a court to 21 require a minor and his or her parents or 22 guardians to participate in a registered 23 youthful driver monitoring service; creating s. 24 318.1435, F.S.; defining the term "youthful 25 driver monitoring service"; providing 26 procedures by which such a service may provide 27 monitoring; providing registration 28 requirements; amending s. 318.15, F.S.; 29 providing for the collection of certain service 30 charges by authorized driver licensing agents; 31 amending s. 318.18, F.S.; providing increased 78 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 penalties for violation of load on vehicle 2 restrictions; amending s. 318.32, F.S.; 3 authorizing officers to revoke a driver's 4 license under certain circumstances; amending 5 s. 320.02, F.S.; requiring proof of an 6 endorsement before the original registration of 7 a motorcycle, motor-driven cycle, or moped; 8 amending s. 320.03, F.S.; exempting certain 9 owners of leased vehicles from certain 10 registration requirements; amending s. 320.07, 11 F.S.; exempting certain owners of leased 12 vehicles from certain penalties relating to 13 annual registration-renewal requirements; 14 amending s. 320.0706, F.S.; providing 15 requirements for displaying the rear license 16 plate on a dump truck; amending s. 320.08056, 17 F.S.; providing annual use fees for certain 18 plates; exempting collegiate license plates 19 from the requirement for maintaining a 20 specified number of license plate 21 registrations; amending s. 320.08058, F.S.; 22 creating the Future Farmers of America license 23 plate; providing for the distribution of annual 24 use fees received from the sale of such plates; 25 amending s. 320.089, F.S.; providing for 26 Operation Iraqi Freedom and Operation Enduring 27 Freedom license plates for qualified military 28 personnel; amending s. 320.27, F.S.; exempting 29 certain applicants for a new franchised motor 30 vehicle dealer license from certain training 31 requirements; providing penalties for the 79 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 failure to register a mobile home salesperson; 2 amending s. 320.405, F.S.; authorizing the 3 department to enter into an agreement for 4 scheduling the payment of taxes or penalties; 5 amending s. 320.77, F.S.; providing a 6 definition; requiring mobile home salespersons 7 to be registered with the department; amending 8 s. 320.781, F.S.; providing for certain claims 9 to be satisfied from the Mobile Home and 10 Recreational Vehicle Protection Trust Fund; 11 establishing certain conditions for such 12 claims; providing limits on such claims; 13 amending s. 322.01, F.S.; redefining the term 14 "driver's license" to include an operator's 15 license as defined by federal law; defining the 16 terms "identification card," "temporary 17 driver's license," and "temporary 18 identification card" for purposes of ch. 322, 19 F.S.; amending s. 322.02, F.S.; revising 20 legislative intent provisions to include 21 references to county constitutional officers 22 providing driver licensing services; amending 23 s. 322.05, F.S.; requiring that a driver 24 holding a learner license may only have his or 25 her application for a Class E license delayed 26 for a moving violation; amending s. 322.051, 27 F.S.; revising the age at which a person may be 28 issued an identification card by the 29 department; authorizing the use of additional 30 documentation for purposes of proving 31 nonimmigrant classification when a person 80 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 applies for an identification card; amending s. 2 322.08, F.S.; authorizing the use of additional 3 documentation for purposes of proving 4 nonimmigrant classification when a person 5 applies for a driver's license; amending s. 6 322.12, F.S.; requiring that all first-time 7 applicants for a license to operate a 8 motorcycle complete a motorcycle safety course; 9 amending s. 322.121, F.S.; revising periodic 10 license examination requirements; providing for 11 such testing of applicants for renewal of a 12 license under provisions requiring an 13 endorsement permitting the applicant to operate 14 a tank vehicle transporting hazardous 15 materials; amending s. 322.135, F.S.; 16 authorizing the department to contract with any 17 county constitutional officer for driver 18 license services in counties where the tax 19 collector is not elected or does not provide 20 the services; amending s. 322.2615, F.S.; 21 revising the procedures under which a law 22 enforcement officer or correctional officer may 23 suspend the driving privilege of a person who 24 is driving a motor vehicle and who has an 25 unlawful blood-alcohol level or breath-alcohol 26 level or who refuses to submit to a test of his 27 or her urine, breath, or blood; deleting a 28 requirement that such person be arrested for 29 the offense of driving under the influence; 30 revising certain reporting requirements; 31 providing that materials submitted to the 81 8:42 PM 05/02/06 h707903e2d-16-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7079, 2nd Eng. Barcode 220694 1 department by the law enforcement agency, 2 including the crash report, are 3 self-authenticating and part of the record for 4 the hearing officer; authorizing a law 5 enforcement agency to appeal a decision by the 6 department invalidating a suspension of a 7 person's driving privilege; directing the 8 department to study the outsourcing of its 9 driver license services to a provider or other 10 governmental agency, in whole or in part, while 11 retaining responsibility and accountability for 12 the services; requiring that the department 13 submit a report to the Governor and Legislature 14 by a specified date; providing requirements for 15 the department with respect to issues to be 16 included in the study; requiring a cost-benefit 17 analysis and a transition and implementation 18 plan; providing effective dates. 19 20 21 22 23 24 25 26 27 28 29 30 31 82 8:42 PM 05/02/06 h707903e2d-16-j02