Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7079, 2nd Eng.
Barcode 783214
CHAMBER ACTION
Senate House
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05/03/2006 04:38 PM .
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11 Senator Baker moved the following amendment to amendment
12 (220694):
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14 Senate Amendment (with title amendment)
15 On page 26, line 30, through
16 page 73, line 21, delete those lines
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18 and insert:
19 Section 20. Subsection (9) of section 318.14, Florida
20 Statutes, is amended to read:
21 318.14 Noncriminal traffic infractions; exception;
22 procedures.--
23 (9) Any person who does not hold a commercial driver's
24 license and who is cited for an infraction under this section
25 other than a violation of s. 316.183(2), s. 316.187, or s.
26 316.189 when the driver exceeds the posted limit by 30 miles
27 per hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s.
28 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of
29 a court appearance, elect to attend in the location of his or
30 her choice within this state a basic driver improvement course
31 approved by the Department of Highway Safety and Motor
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Bill No. HB 7079, 2nd Eng.
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1 Vehicles. In such a case, adjudication must be withheld;
2 points, as provided by s. 322.27, may not be assessed; and the
3 civil penalty that is imposed by s. 318.18(3) must be reduced
4 by 18 percent; however, a person may not make an election
5 under this subsection if the person has made an election under
6 this subsection in the preceding 12 months. A person may make
7 no more than five elections under this subsection. The
8 requirement for community service under s. 318.18(8) is not
9 waived by a plea of nolo contendere or by the withholding of
10 adjudication of guilt by a court.
11 Section 21. Paragraph (f) is added to subsection (1)
12 of section 318.143, Florida Statutes, to read:
13 318.143 Sanctions for infractions by minors.--
14 (1) If the court finds that a minor has committed a
15 violation of any of the provisions of chapter 316, the court
16 may also impose one or more of the following sanctions:
17 (f) The court may require the minor and his or her
18 parents or guardians to participate in a registered youthful
19 driver monitoring service as described in s. 318.1435.
20 Section 22. Section 318.1435, Florida Statutes, is
21 created to read:
22 318.1435 Youthful driver monitoring services.--
23 (1) As used in this section, the term "youthful driver
24 monitoring service" means an entity that enables parents or
25 guardians to monitor the driving performance of their minor
26 children. The service may provide monitoring by posting on a
27 vehicle a placard that shows a toll-free telephone number and
28 a unique identifying number and includes a request to members
29 of the public to call the toll-free telephone number to report
30 inappropriate driving practices. The service shall enter into
31 a contract with the parents or guardians under which the
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Bill No. HB 7079, 2nd Eng.
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1 service shall timely forward to the parents or guardians all
2 reports of inappropriate driving practices by the minor child.
3 (2) A youthful driver monitoring service may register
4 with the Department of Highway Safety and Motor Vehicles. The
5 registration must consist of a narrative description of the
6 services offered by the youthful driver monitoring service,
7 the name of the manager in charge of the service, the address
8 of the service, and the telephone number of the service.
9 Registration under this subsection remains valid indefinitely,
10 but it is the responsibility of the youthful driver monitoring
11 service to timely file a revised registration statement to
12 reflect any changes in the required information. If the
13 department determines that the youthful driver monitoring
14 service is not providing the services described in the
15 narrative statement, the department may suspend the
16 registration; however, the department must reinstate the
17 registration when the service files a revised statement that
18 reflects its actual practices.
19 Section 23. Subsection (2) of section 318.15, Florida
20 Statutes, is amended to read:
21 318.15 Failure to comply with civil penalty or to
22 appear; penalty.--
23 (2) After suspension of the driver's license and
24 privilege to drive of a person under subsection (1), the
25 license and privilege may not be reinstated until the person
26 complies with all obligations and penalties imposed on him or
27 her under s. 318.18 and presents to a driver license office a
28 certificate of compliance issued by the court, together with a
29 nonrefundable service charge of up to $47.50 imposed under s.
30 322.29, or presents a certificate of compliance and pays the
31 aforementioned service charge of up to $47.50 to the clerk of
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Bill No. HB 7079, 2nd Eng.
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1 the court or a driver licensing agent authorized in s. 322.135
2 tax collector clearing such suspension. Of the charge
3 collected by the clerk of the court or driver licensing agent
4 the tax collector, $10 shall be remitted to the Department of
5 Revenue to be deposited into the Highway Safety Operating
6 Trust Fund. Such person shall also be in compliance with
7 requirements of chapter 322 prior to reinstatement.
8 Section 24. Subsections (3) and (12) of section
9 318.18, Florida Statutes, are amended to read:
10 318.18 Amount of civil penalties.--The penalties
11 required for a noncriminal disposition pursuant to s. 318.14
12 are as follows:
13 (3)(a) Except as otherwise provided in this section,
14 $60 for all moving violations not requiring a mandatory
15 appearance.
16 (b) For moving violations involving unlawful speed,
17 the fines are as follows:
18
19 For speed exceeding the limit by: Fine:
20 1-5 m.p.h..............................................Warning
21 6-9 m.p.h.................................................$ 25
22 10-14 m.p.h...............................................$100
23 15-19 m.p.h...............................................$125
24 20-29 m.p.h...............................................$150
25 30 m.p.h. and above.......................................$250
26
27 (c) Notwithstanding paragraph (b), a person cited for
28 exceeding the speed limit by up to 5 m.p.h. in a legally
29 posted school zone will be fined $50. A person exceeding the
30 speed limit in a school zone shall pay a fine double the
31 amount listed in paragraph (b).
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Bill No. HB 7079, 2nd Eng.
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1 (d) A person cited for exceeding the speed limit in a
2 posted construction zone shall pay a fine double the amount
3 listed in paragraph (b). The fine shall be doubled for
4 construction zone violations only if construction personnel
5 are present or operating equipment on the road or immediately
6 adjacent to the road under construction.
7 (e) If a violation of s. 316.1301 or s. 316.1303
8 results in an injury to the pedestrian or damage to the
9 property of the pedestrian, an additional fine of up to $250
10 shall be paid. This amount must be distributed pursuant to s.
11 318.21.
12 (f) A person cited for exceeding the speed limit
13 within a zone posted for any electronic or manual toll
14 collection facility shall pay a fine double the amount listed
15 in paragraph (b). However, no person cited for exceeding the
16 speed limit in any toll collection zone shall be subject to a
17 doubled fine unless the governmental entity or authority
18 controlling the toll collection zone first installs a traffic
19 control device providing warning that speeding fines are
20 doubled. Any such traffic control device must meet the
21 requirements of the uniform system of traffic control devices.
22 (g) A person cited for a second or subsequent
23 conviction of speed exceeding the limit by 30 miles per hour
24 and above within a 12-month period shall pay a fine that is
25 double the amount listed in paragraph (b). For purposes of
26 this paragraph, the term "conviction" means a finding of
27 guilt, with or without adjudication of guilt, as a result of a
28 jury verdict, nonjury trial, or entry of a plea of guilty or
29 nolo contendere, notwithstanding s. 318.14(11). Moneys
30 received from the increased fine imposed by this paragraph
31 shall be remitted to the Department of Revenue and deposited
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Bill No. HB 7079, 2nd Eng.
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1 into the Department of Health Administrative Trust Fund to
2 provide financial support to certified trauma centers to
3 assure the availability and accessibility of trauma services
4 throughout the state. Funds deposited into the Administrative
5 Trust Fund under this section shall be allocated as follows:
6 1. Fifty percent shall be allocated equally among all
7 Level I, Level II, and pediatric trauma centers in recognition
8 of readiness costs for maintaining trauma services.
9 2. Fifty percent shall be allocated among Level I,
10 Level II, and pediatric trauma centers based on each center's
11 relative volume of trauma cases as reported in the Department
12 of Health Trauma Registry.
13 (12) Two One hundred dollars for a violation of s.
14 316.520(1) or (2). If, at a hearing, the alleged offender is
15 found to have committed this offense, the court shall impose a
16 minimum civil penalty of $200 $100. For a second or subsequent
17 adjudication within a period of 5 years, the department shall
18 suspend the driver's license of the person for not less than 1
19 year 180 days and not more than 2 years 1 year.
20 Section 25. Section 318.19, Florida Statutes, is
21 amended to read:
22 318.19 Infractions requiring a mandatory hearing.--Any
23 person cited for the infractions listed in this section shall
24 not have the provisions of s. 318.14(2), (4), and (9)
25 available to him or her but must appear before the designated
26 official at the time and location of the scheduled hearing:
27 (1) Any infraction which results in a crash that
28 causes the death of another;
29 (2) Any infraction which results in a crash that
30 causes "serious bodily injury" of another as defined in s.
31 316.1933(1);
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Bill No. HB 7079, 2nd Eng.
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1 (3) Any infraction of s. 316.172(1)(b); or
2 (4) Any infraction of s. 316.520(1) or (2); or.
3 (5) Any infraction of s. 316.183(2), s. 316.187, or s.
4 316.189 of exceeding the speed limit by 30 m.p.h. or more.
5 Section 26. Subsection (1) of section 318.32, Florida
6 Statutes, is amended to read:
7 318.32 Jurisdiction; limitations.--
8 (1) Hearing officers shall be empowered to accept
9 pleas from and decide the guilt or innocence of any person,
10 adult or juvenile, charged with any civil traffic infraction
11 and shall be empowered to adjudicate or withhold adjudication
12 of guilt in the same manner as a county court judge under the
13 statutes, rules, and procedures presently existing or as
14 subsequently amended, except that hearing officers shall not:
15 (a) Have the power to hold a defendant in contempt of
16 court, but shall be permitted to file a motion for order of
17 contempt with the appropriate state trial court judge;
18 (b) Hear a case involving a crash resulting in injury
19 or death;
20 (c) Hear a criminal traffic offense case or a case
21 involving a civil traffic infraction issued in conjunction
22 with a criminal traffic offense; or
23 (d) Have the power to suspend or revoke a defendant's
24 driver's license pursuant to s. 316.655(2).
25 Section 27. Effective July 1, 2008, subsection (1) of
26 section 320.02, Florida Statutes, is amended to read:
27 320.02 Registration required; application for
28 registration; forms.--
29 (1) Except as otherwise provided in this chapter,
30 every owner or person in charge of a motor vehicle that which
31 is operated or driven on the roads of this state shall
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1 register the vehicle in this state. The owner or person in
2 charge shall apply to the department or to its authorized
3 agent for registration of each such vehicle on a form
4 prescribed by the department. Prior to the original
5 registration of a motorcycle, motor-driven cycle, or moped,
6 the owner, if a natural person, must present proof that he or
7 she has a valid motorcycle endorsement as required in chapter
8 322. A No registration is not required for any motor vehicle
9 that which is not operated on the roads of this state during
10 the registration period.
11 Section 28. Subsection (8) of section 320.03, Florida
12 Statutes, is amended to read:
13 320.03 Registration; duties of tax collectors;
14 International Registration Plan.--
15 (8) If the applicant's name appears on the list
16 referred to in s. 316.1001(4), s. 316.1967(6), or s.
17 713.78(13), a license plate or revalidation sticker may not be
18 issued until that person's name no longer appears on the list
19 or until the person presents a receipt from the clerk showing
20 that the fines outstanding have been paid. This subsection
21 does not apply to the owner of a leased vehicle if the vehicle
22 is registered in the name of the lessee of the vehicle. The
23 tax collector and the clerk of the court are each entitled to
24 receive monthly, as costs for implementing and administering
25 this subsection, 10 percent of the civil penalties and fines
26 recovered from such persons. As used in this subsection, the
27 term "civil penalties and fines" does not include a wrecker
28 operator's lien as described in s. 713.78(13). If the tax
29 collector has private tag agents, such tag agents are entitled
30 to receive a pro rata share of the amount paid to the tax
31 collector, based upon the percentage of license plates and
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Bill No. HB 7079, 2nd Eng.
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1 revalidation stickers issued by the tag agent compared to the
2 total issued within the county. The authority of any private
3 agent to issue license plates shall be revoked, after notice
4 and a hearing as provided in chapter 120, if he or she issues
5 any license plate or revalidation sticker contrary to the
6 provisions of this subsection. This section applies only to
7 the annual renewal in the owner's birth month of a motor
8 vehicle registration and does not apply to the transfer of a
9 registration of a motor vehicle sold by a motor vehicle dealer
10 licensed under this chapter, except for the transfer of
11 registrations which is inclusive of the annual renewals. This
12 section does not affect the issuance of the title to a motor
13 vehicle, notwithstanding s. 319.23(7)(b).
14 Section 29. Section 320.07, Florida Statutes, is
15 amended to read:
16 320.07 Expiration of registration; annual renewal
17 required; penalties.--
18 (1) The registration of a motor vehicle or mobile home
19 shall expire at midnight on the last day of the registration
20 period. A vehicle shall not be operated on the roads of this
21 state after expiration of the renewal period unless the
22 registration has been renewed according to law.
23 (2) Registration shall be renewed annually during the
24 applicable renewal period, upon payment of the applicable
25 license tax amount required by s. 320.08, service charges
26 required by s. 320.04, and any additional fees required by
27 law. However, any person owning a motor vehicle registered
28 under s. 320.08(4), (6)(b), or (13) may register semiannually
29 as provided in s. 320.0705.
30 (3) The operation of any motor vehicle without having
31 attached thereto a registration license plate and validation
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1 stickers, or the use of any mobile home without having
2 attached thereto a mobile home sticker, for the current
3 registration period shall subject the owner thereof, if he or
4 she is present, or, if the owner is not present, the operator
5 thereof to the following penalty provisions:
6 (a) Any person whose motor vehicle or mobile home
7 registration has been expired for a period of 6 months or less
8 commits a noncriminal traffic infraction, punishable as a
9 nonmoving violation as provided in chapter 318.
10 (b) Any person whose motor vehicle or mobile home
11 registration has been expired for more than 6 months shall
12 upon a first offense be subject to the penalty provided in s.
13 318.14.
14 (c) Any person whose motor vehicle or mobile home
15 registration has been expired for more than 6 months shall
16 upon a second or subsequent offense be guilty of a misdemeanor
17 of the second degree, punishable as provided in s. 775.082 or
18 s. 775.083.
19 (d) However, no operator shall be charged with a
20 violation of this subsection if the operator can show,
21 pursuant to a valid lease agreement, that the vehicle had been
22 leased for a period of 30 days or less at the time of the
23 offense.
24 (e) Any servicemember, as defined in s. 250.01, whose
25 mobile home registration has expired while serving on active
26 duty or state active duty shall not be charged with a
27 violation of this subsection if, at the time of the offense,
28 the servicemember was serving on active duty or state active
29 duty 35 miles or more from the mobile home. The servicemember
30 must present to the department either a copy of the official
31 military orders or a written verification signed by the
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1 servicemember's commanding officer to waive charges.
2 (f) The owner of a leased motor vehicle is not
3 responsible for any penalty specified in this subsection if
4 the motor vehicle is registered in the name of the lessee of
5 the motor vehicle.
6 (4)(a) In addition to a penalty provided in subsection
7 (3), a delinquent fee based on the following schedule of
8 license taxes shall be imposed on any applicant who fails to
9 renew a registration prior to the end of the month in which
10 renewal registration is due. The delinquent fee shall be
11 applied beginning on the 11th calendar day of the month
12 succeeding the renewal period. The delinquent fee shall not
13 apply to those vehicles which have not been required to be
14 registered during the preceding registration period or as
15 provided in s. 320.18(2). The delinquent fee shall be imposed
16 as follows:
17 1. License tax of $5 but not more than $25: $5 flat.
18 2. License tax over $25 but not more than $50: $10
19 flat.
20 3. License tax over $50 but not more than $100: $15
21 flat.
22 4. License tax over $100 but not more than $400: $50
23 flat.
24 5. License tax over $400 but not more than $600: $100
25 flat.
26 6. License tax over $600 and up: $250 flat.
27 (b) A person who has been assessed a penalty pursuant
28 to s. 316.545(2)(b) for failure to have a valid vehicle
29 registration certificate is not subject to the delinquent fee
30 authorized by this subsection if such person obtains a valid
31 registration certificate within 10 working days after such
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1 penalty was assessed. The official receipt authorized by s.
2 316.545(6) constitutes proof of payment of the penalty
3 authorized in s. 316.545(2)(b).
4 (c) The owner of a leased motor vehicle is not
5 responsible for any delinquent fee specified in this
6 subsection if the motor vehicle is registered in the name of
7 the lessee of the motor vehicle.
8 (5) Any servicemember, as defined in s. 250.01, whose
9 motor vehicle or mobile home registration has expired while
10 serving on active duty or state active duty, shall be able to
11 renew his or her registration upon return from active duty or
12 state active duty without penalty, if the servicemember served
13 on active duty or state active duty 35 miles or more from the
14 servicemember's home of record prior to entering active duty
15 or state active duty. The servicemember must provide to the
16 department either a copy of the official military orders or a
17 written verification signed by the servicemember's commanding
18 officer to waive delinquent fees.
19 (6) Delinquent fees imposed under this section shall
20 not be apportionable under the International Registration
21 Plan.
22 Section 30. Section 320.0706, Florida Statutes, is
23 amended to read:
24 320.0706 Display of license plates on trucks.--The
25 owner of any commercial truck of gross vehicle weight of
26 26,001 pounds or more shall display the registration license
27 plate on both the front and rear of the truck in conformance
28 with all the requirements of s. 316.605 that do not conflict
29 with this section. The owner of a dump truck may place the
30 rear license plate on the gate no higher than 60 inches to
31 allow for better visibility. However, the owner of a truck
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1 tractor shall be required to display the registration license
2 plate only on the front of such vehicle.
3 Section 31. Paragraph (eee) is added to subsection (4)
4 of section 320.08056, Florida Statutes, as amended by section
5 1 of chapter 2005-357, Laws of Florida, and paragraph (a) of
6 subsection (8) of that section is amended, to read:
7 320.08056 Specialty license plates.--
8 (4) The following license plate annual use fees shall
9 be collected for the appropriate specialty license plates:
10 (eee) Future Farmers of America license plate, $25.
11 (8)(a) The department must discontinue the issuance of
12 an approved specialty license plate if the number of valid
13 specialty plate registrations falls below 1,000 plates for at
14 least 12 consecutive months. A warning letter shall be mailed
15 to the sponsoring organization following the first month in
16 which the total number of valid specialty plate registrations
17 is below 1,000 plates. This paragraph does not apply to
18 collegiate license plates established under s. 320.08058(3).
19 Section 32. Subsection (57) is added to section
20 320.08058, Florida Statutes, to read:
21 320.08058 Specialty license plates.--
22 (57) FUTURE FARMERS OF AMERICA LICENSE PLATES.--
23 (a) Notwithstanding the provisions of s. 320.08053,
24 the department shall develop a Future Farmers of America
25 license plate as provided in this section. Future Farmers of
26 America license plates must bear the colors and design
27 approved by the department. The word "Florida" must appear at
28 the top of the plate, and the words "Agricultural Education"
29 must appear at the bottom of the plate.
30 (b) The license plate annual use fee shall be
31 distributed quarterly to the Florida Future Farmers of America
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1 Foundation, Inc., to fund activities and services of the
2 Future Farmers of America.
3 (c) The Florida Future Farmers of America Foundation,
4 Inc., shall retain all revenue from the annual use fees until
5 all startup costs for developing and establishing the plates
6 have been recovered. Thereafter, up to 10 percent of the
7 annual use fee revenue may be used for administrative,
8 handling, and disbursement expenses and up to 5 percent may be
9 used for advertising and marketing costs. All remaining annual
10 use fee revenue shall be used by the Florida Future Farmers of
11 America Foundation, Inc., to fund its activities, programs,
12 and projects, including, but not limited to, student and
13 teacher leadership programs, the Foundation for Leadership
14 Training Center, teacher recruitment and retention, and other
15 special projects.
16 Section 33. Section 320.089, Florida Statutes, is
17 amended to read:
18 320.089 Members of National Guard and active United
19 States Armed Forces reservists; former prisoners of war;
20 survivors of Pearl Harbor; Purple Heart medal recipients;
21 Operation Iraqi Freedom and Operation Enduring Freedom
22 Veterans; special license plates; fee.--
23 (1)(a) Each owner or lessee of an automobile or truck
24 for private use or recreational vehicle as specified in s.
25 320.08(9)(c) or (d), which is not used for hire or commercial
26 use, who is a resident of the state and an active or retired
27 member of the Florida National Guard, a survivor of the attack
28 on Pearl Harbor, a recipient of the Purple Heart medal, or an
29 active or retired member of any branch of the United States
30 Armed Forces Reserve shall, upon application to the
31 department, accompanied by proof of active membership or
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1 retired status in the Florida National Guard, proof of
2 membership in the Pearl Harbor Survivors Association or proof
3 of active military duty in Pearl Harbor on December 7, 1941,
4 proof of being a Purple Heart medal recipient, or proof of
5 active or retired membership in any branch of the Armed Forces
6 Reserve, and upon payment of the license tax for the vehicle
7 as provided in s. 320.08, be issued a license plate as
8 provided by s. 320.06, upon which, in lieu of the serial
9 numbers prescribed by s. 320.06, shall be stamped the words
10 "National Guard," "Pearl Harbor Survivor," "Combat-wounded
11 veteran," or "U.S. Reserve," as appropriate, followed by the
12 serial number of the license plate. Additionally, the Purple
13 Heart plate may have the words "Purple Heart" stamped on the
14 plate and the likeness of the Purple Heart medal appearing on
15 the plate.
16 (b) Notwithstanding any other provision of law to the
17 contrary, beginning with fiscal year 2002-2003 and annually
18 thereafter, the first $100,000 in general revenue generated
19 from the sale of license plates issued under this section
20 which are stamped with the words "National Guard," "Pearl
21 Harbor Survivor," "Combat-wounded veteran," or "U.S. Reserve"
22 shall be deposited into the Grants and Donations Trust Fund,
23 as described in s. 296.38(2), to be used for the purposes
24 established by law for that trust fund.
25 (c) Notwithstanding any provisions of law to the
26 contrary, an applicant for a Pearl Harbor Survivor license
27 plate or a Purple Heart license plate who also qualifies for a
28 disabled veteran's license plate under s. 320.084 shall be
29 issued the appropriate special license plate without payment
30 of the license tax imposed by s. 320.08.
31 (2) Each owner or lessee of an automobile or truck for
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1 private use, truck weighing not more than 7,999 pounds, or
2 recreational vehicle as specified in s. 320.08(9)(c) or (d),
3 which is not used for hire or commercial use, who is a
4 resident of the state and who is a former prisoner of war, or
5 their unremarried surviving spouse, shall, upon application
6 therefor to the department, be issued a license plate as
7 provided in s. 320.06, on which license plate are stamped the
8 words "Ex-POW" followed by the serial number. Each application
9 shall be accompanied by proof that the applicant meets the
10 qualifications specified in paragraph (a) or paragraph (b).
11 (a) A citizen of the United States who served as a
12 member of the Armed Forces of the United States or the armed
13 forces of a nation allied with the United States who was held
14 as a prisoner of war at such time as the Armed Forces of the
15 United States were engaged in combat, or their unremarried
16 surviving spouse, may be issued the special license plate
17 provided for in this subsection without payment of the license
18 tax imposed by s. 320.08.
19 (b) A person who was serving as a civilian with the
20 consent of the United States Government, or a person who was a
21 member of the Armed Forces of the United States who was not a
22 United States citizen and was held as a prisoner of war when
23 the Armed Forces of the United States were engaged in combat,
24 or their unremarried surviving spouse, may be issued the
25 special license plate provided for in this subsection upon
26 payment of the license tax imposed by s. 320.08.
27 (3) Each owner or lessee of an automobile or truck for
28 private use, truck weighing not more than 7,999 pounds, or
29 recreational vehicle as specified in s. 320.08(9)(c) or (d),
30 which is not used for hire or commercial use, who is a
31 resident of this state and who is the unremarried surviving
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1 spouse of a recipient of the Purple Heart medal shall, upon
2 application therefor to the department, with the payment of
3 the required fees, be issued a license plate as provided in s.
4 320.06, on which license plate are stamped the words "Purple
5 Heart" and the likeness of the Purple Heart medal followed by
6 the serial number. Each application shall be accompanied by
7 proof that the applicant is the unremarried surviving spouse
8 of a recipient of the Purple Heart medal.
9 (4) The owner or lessee of an automobile or truck for
10 private use, a truck weighing not more than 7,999 pounds, or a
11 recreational vehicle as specified in s. 320.08(9)(c) or (d)
12 which automobile, truck, or recreational vehicle is not used
13 for hire or commercial use who is a resident of the state and
14 a current or former member of the United States military who
15 was deployed and served in Iraq during Operation Iraqi Freedom
16 or in Afghanistan during Operation Enduring Freedom shall,
17 upon application to the department, accompanied by proof of
18 active membership or former active duty status during one of
19 these operations, and upon payment of the license tax for the
20 vehicle as provided in s. 320.08, be issued a license plate as
21 provided by s. 320.06 upon which, in lieu of the registration
22 license number prescribed by s. 320.06, shall be stamped the
23 words "Operation Iraqi Freedom" or "Operation Enduring
24 Freedom," as appropriate, followed by the registration license
25 number of the plate.
26 Section 34. Subsection (4) and paragraph (b) of
27 subsection (9) of section 320.27, Florida Statutes, are
28 amended to read:
29 320.27 Motor vehicle dealers.--
30 (4) LICENSE CERTIFICATE.--
31 (a) A license certificate shall be issued by the
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1 department in accordance with such application when the
2 application is regular in form and in compliance with the
3 provisions of this section. The license certificate may be in
4 the form of a document or a computerized card as determined by
5 the department. The actual cost of each original, additional,
6 or replacement computerized card shall be borne by the
7 licensee and is in addition to the fee for licensure. Such
8 license, when so issued, entitles the licensee to carry on and
9 conduct the business of a motor vehicle dealer. Each license
10 issued to a franchise motor vehicle dealer expires annually on
11 December 31 unless revoked or suspended prior to that date.
12 Each license issued to an independent or wholesale dealer or
13 auction expires annually on April 30 unless revoked or
14 suspended prior to that date. Not less than 60 days prior to
15 the license expiration date, the department shall deliver or
16 mail to each licensee the necessary renewal forms. Each
17 independent dealer shall certify that the dealer principal
18 (owner, partner, officer of the corporation, or director of
19 the licensee, or a full-time employee of the licensee that
20 holds a responsible management-level position) has completed 8
21 hours of continuing education prior to filing the renewal
22 forms with the department. Such certification shall be filed
23 once every 2 years commencing with the 2006 renewal period.
24 The continuing education shall include at least 2 hours of
25 legal or legislative issues, 1 hour of department issues, and
26 5 hours of relevant motor vehicle industry topics. Continuing
27 education shall be provided by dealer schools licensed under
28 paragraph (b) either in a classroom setting or by
29 correspondence. Such schools shall provide certificates of
30 completion to the department and the customer which shall be
31 filed with the license renewal form, and such schools may
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1 charge a fee for providing continuing education. Any licensee
2 who does not file his or her application and fees and any
3 other requisite documents, as required by law, with the
4 department at least 30 days prior to the license expiration
5 date shall cease to engage in business as a motor vehicle
6 dealer on the license expiration date. A renewal filed with
7 the department within 45 days after the expiration date shall
8 be accompanied by a delinquent fee of $100. Thereafter, a new
9 application is required, accompanied by the initial license
10 fee. A license certificate duly issued by the department may
11 be modified by endorsement to show a change in the name of the
12 licensee, provided, as shown by affidavit of the licensee, the
13 majority ownership interest of the licensee has not changed or
14 the name of the person appearing as franchisee on the sales
15 and service agreement has not changed. Modification of a
16 license certificate to show any name change as herein provided
17 shall not require initial licensure or reissuance of dealer
18 tags; however, any dealer obtaining a name change shall
19 transact all business in and be properly identified by that
20 name. All documents relative to licensure shall reflect the
21 new name. In the case of a franchise dealer, the name change
22 shall be approved by the manufacturer, distributor, or
23 importer. A licensee applying for a name change endorsement
24 shall pay a fee of $25 which fee shall apply to the change in
25 the name of a main location and all additional locations
26 licensed under the provisions of subsection (5). Each initial
27 license application received by the department shall be
28 accompanied by verification that, within the preceding 6
29 months, the applicant, or one or more of his or her designated
30 employees, has attended a training and information seminar
31 conducted by a licensed motor vehicle dealer training school.
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1 Any applicant for a new franchised motor vehicle dealer
2 license who has held a valid franchised motor vehicle dealer
3 license continuously for the past 2 years and who remains in
4 good standing with the department is exempt from the
5 prelicensing training requirement. Such seminar shall include,
6 but is not limited to, statutory dealer requirements, which
7 requirements include required bookkeeping and recordkeeping
8 procedures, requirements for the collection of sales and use
9 taxes, and such other information that in the opinion of the
10 department will promote good business practices. No seminar
11 may exceed 8 hours in length.
12 (b) Each initial license application received by the
13 department for licensure under subparagraph (1)(c)2. must be
14 accompanied by verification that, within the preceding 6
15 months, the applicant (owner, partner, officer of the
16 corporation, or director of the applicant, or a full-time
17 employee of the applicant that holds a responsible
18 management-level position) has successfully completed training
19 conducted by a licensed motor vehicle dealer training school.
20 Such training must include training in titling and
21 registration of motor vehicles, laws relating to unfair and
22 deceptive trade practices, laws relating to financing with
23 regard to buy-here, pay-here operations, and such other
24 information that in the opinion of the department will promote
25 good business practices. Successful completion of this
26 training shall be determined by examination administered at
27 the end of the course and attendance of no less than 90
28 percent of the total hours required by such school. Any
29 applicant who had held a valid motor vehicle dealer's license
30 within the past 2 years and who remains in good standing with
31 the department is exempt from the requirements of this
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1 paragraph. In the case of nonresident applicants, the
2 requirement to attend such training shall be placed on any
3 employee of the licensee who holds a responsible
4 management-level position and who is employed full-time at the
5 motor vehicle dealership. The department shall have the
6 authority to adopt any rule necessary for establishing the
7 training curriculum; length of training, which shall not
8 exceed 8 hours for required department topics and shall not
9 exceed an additional 24 hours for topics related to other
10 regulatory agencies' instructor qualifications; and any other
11 requirements under this section. The curriculum for other
12 subjects shall be approved by any and all other regulatory
13 agencies having jurisdiction over specific subject matters;
14 however, the overall administration of the licensing of these
15 dealer schools and their instructors shall remain with the
16 department. Such schools are authorized to charge a fee.
17 This privatized method for training applicants for dealer
18 licensing pursuant to subparagraph (1)(c)2. is a pilot program
19 that shall be evaluated by the department after it has been in
20 operation for a period of 2 years.
21 (9) DENIAL, SUSPENSION, OR REVOCATION.--
22 (b) The department may deny, suspend, or revoke any
23 license issued hereunder or under the provisions of s. 320.77
24 or s. 320.771 upon proof that a licensee has committed, with
25 sufficient frequency so as to establish a pattern of
26 wrongdoing on the part of a licensee, violations of one or
27 more of the following activities:
28 1. Representation that a demonstrator is a new motor
29 vehicle, or the attempt to sell or the sale of a demonstrator
30 as a new motor vehicle without written notice to the purchaser
31 that the vehicle is a demonstrator. For the purposes of this
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1 section, a "demonstrator," a "new motor vehicle," and a "used
2 motor vehicle" shall be defined as under s. 320.60.
3 2. Unjustifiable refusal to comply with a licensee's
4 responsibility under the terms of the new motor vehicle
5 warranty issued by its respective manufacturer, distributor,
6 or importer. However, if such refusal is at the direction of
7 the manufacturer, distributor, or importer, such refusal shall
8 not be a ground under this section.
9 3. Misrepresentation or false, deceptive, or
10 misleading statements with regard to the sale or financing of
11 motor vehicles which any motor vehicle dealer has, or causes
12 to have, advertised, printed, displayed, published,
13 distributed, broadcast, televised, or made in any manner with
14 regard to the sale or financing of motor vehicles.
15 4. Failure by any motor vehicle dealer to provide a
16 customer or purchaser with an odometer disclosure statement
17 and a copy of any bona fide written, executed sales contract
18 or agreement of purchase connected with the purchase of the
19 motor vehicle purchased by the customer or purchaser.
20 5. Failure of any motor vehicle dealer to comply with
21 the terms of any bona fide written, executed agreement,
22 pursuant to the sale of a motor vehicle.
23 6. Failure to apply for transfer of a title as
24 prescribed in s. 319.23(6).
25 7. Use of the dealer license identification number by
26 any person other than the licensed dealer or his or her
27 designee.
28 8. Failure to continually meet the requirements of the
29 licensure law.
30 9. Representation to a customer or any advertisement
31 to the public representing or suggesting that a motor vehicle
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1 is a new motor vehicle if such vehicle lawfully cannot be
2 titled in the name of the customer or other member of the
3 public by the seller using a manufacturer's statement of
4 origin as permitted in s. 319.23(1).
5 10. Requirement by any motor vehicle dealer that a
6 customer or purchaser accept equipment on his or her motor
7 vehicle which was not ordered by the customer or purchaser.
8 11. Requirement by any motor vehicle dealer that any
9 customer or purchaser finance a motor vehicle with a specific
10 financial institution or company.
11 12. Requirement by any motor vehicle dealer that the
12 purchaser of a motor vehicle contract with the dealer for
13 physical damage insurance.
14 13. Perpetration of a fraud upon any person as a
15 result of dealing in motor vehicles, including, without
16 limitation, the misrepresentation to any person by the
17 licensee of the licensee's relationship to any manufacturer,
18 importer, or distributor.
19 14. Violation of any of the provisions of s. 319.35 by
20 any motor vehicle dealer.
21 15. Sale by a motor vehicle dealer of a vehicle
22 offered in trade by a customer prior to consummation of the
23 sale, exchange, or transfer of a newly acquired vehicle to the
24 customer, unless the customer provides written authorization
25 for the sale of the trade-in vehicle prior to delivery of the
26 newly acquired vehicle.
27 16. Willful failure to comply with any administrative
28 rule adopted by the department or the provisions of s.
29 320.131(8).
30 17. Violation of chapter 319, this chapter, or ss.
31 559.901-559.9221, which has to do with dealing in or repairing
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1 motor vehicles or mobile homes. Additionally, in the case of
2 used motor vehicles, the willful violation of the federal law
3 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining
4 to the consumer sales window form.
5 18. Failure to maintain evidence of notification to
6 the owner or coowner of a vehicle regarding registration or
7 titling fees owned as required in s. 320.02(19).
8 19. Failure to register a mobile home salesperson with
9 the department as required by this section.
10 Section 35. Subsection (5) is added to section
11 320.405, Florida Statutes, to read:
12 320.405 International Registration Plan; inspection of
13 records; hearings.--
14 (5) The department may enter into an agreement for
15 scheduling the payment of taxes or penalties owed to the
16 department as a result of an audit assessment issued under
17 this section.
18 Section 36. Subsection (1) of section 320.77 is
19 amended, present subsections (9) through (15) are redesignated
20 as subsections (10) through (16), respectively, and a new
21 subsection (9) is added to that section, to read:
22 320.77 License required of mobile home dealers.--
23 (1) DEFINITIONS.--As used in this section:
24 (a) "Dealer" means any person engaged in the business
25 of buying, selling, or dealing in mobile homes or offering or
26 displaying mobile homes for sale. The term "dealer" includes
27 a mobile home broker. Any person who buys, sells, deals in, or
28 offers or displays for sale, or who acts as the agent for the
29 sale of, one or more mobile homes in any 12-month period shall
30 be prima facie presumed to be a dealer. The terms "selling"
31 and "sale" include lease-purchase transactions. The term
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1 "dealer" does not include banks, credit unions, and finance
2 companies that acquire mobile homes as an incident to their
3 regular business and does not include mobile home rental and
4 leasing companies that sell mobile homes to dealers licensed
5 under this section. A licensed dealer may transact business in
6 recreational vehicles with a motor vehicle auction as defined
7 in s. 320.27(1)(c)4. Any licensed dealer dealing exclusively
8 in mobile homes shall not have benefit of the privilege of
9 using dealer license plates.
10 (b) "Mobile home broker" means any person who is
11 engaged in the business of offering to procure or procuring
12 used mobile homes for the general public; who holds himself or
13 herself out through solicitation, advertisement, or otherwise
14 as one who offers to procure or procures used mobile homes for
15 the general public; or who acts as the agent or intermediary
16 on behalf of the owner or seller of a used mobile home which
17 is for sale or who assists or represents the seller in finding
18 a buyer for the mobile home.
19 (c)1. "Mobile home salesperson" means a person not
20 otherwise expressly excluded by this section who:
21 a. Is employed as a salesperson by a mobile home
22 dealer, as defined in s. 320.77, or who, under any contract,
23 agreement, or arrangement with a dealer, for a commission,
24 money, profit, or any other thing of value, sells, exchanges,
25 buys, or offers for sale, negotiates, or attempts to negotiate
26 a sale or exchange of an interest in a mobile home required to
27 be titled under this chapter;
28 b. Induces or attempts to induce any person to buy or
29 exchange an interest in a mobile home required to be
30 registered and who receives or expects to receive a
31 commission, money, brokerage fees, profit, or any other thing
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1 of value from the seller or purchaser of the mobile home; or
2 c. Exercises managerial control over the business of a
3 licensed mobile home dealer or who supervises mobile home
4 salespersons employed by a licensed mobile home dealer,
5 whether compensated by salary or commission, including, but
6 not limited to, any person who is employed by the mobile home
7 dealer as a general manager, assistant general manager, or
8 sales manager, or any employee of a licensed mobile home
9 dealer who negotiates with or induces a customer to enter into
10 a security agreement or purchase agreement or purchase order
11 for the sale of a mobile home on behalf of the licensed mobile
12 home dealer.
13 2. The term does not include:
14 a. A representative of an insurance company or a
15 finance company, or a public official who, in the regular
16 course of business, is required to dispose of or sell mobile
17 homes under a contractual right or obligation of the employer,
18 in the performance of an official duty, or under the authority
19 of any court if the sale is to save the seller from any loss
20 or pursuant to the authority of a court.
21 b. A person who is licensed as a manufacturer,
22 remanufacturer, transporter, distributor, or representative of
23 mobile homes.
24 c. A person who is licensed as a mobile home dealer
25 under this chapter.
26 d. A person not engaged in the purchase or sale of
27 mobile homes as a business who is disposing of mobile homes
28 acquired for his or her own use or for use in his or her
29 business if the mobile homes were acquired and used in good
30 faith and not for the purpose of avoiding the provisions of
31 this chapter.
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1 (9) Salespersons to be registered by licensees.--
2 (a) Each licensee shall register with the department,
3 within 30 days after the date of hire, the name, local
4 residence address, and home telephone number of each person
5 employed by such licensee as a mobile home salesperson. A
6 licensee may not provide a post office box in lieu of a
7 physical residential address.
8 (b) Each time a mobile home salesperson employed by a
9 licensee changes his residence address, the salesperson must
10 notify the department within 20 days after the change.
11 (c) Quarterly, each licensee shall notify the
12 department of the termination or separation from employment of
13 each mobile home salesperson employed by the licensee. Each
14 notification must be on a form prescribed by the department.
15 Section 37. Section 320.781, Florida Statutes, is
16 amended to read:
17 320.781 Mobile Home and Recreational Vehicle
18 Protection Trust Fund.--
19 (1) There is hereby established a Mobile Home and
20 Recreational Vehicle Protection Trust Fund. The trust fund
21 shall be administered and managed by the Department of Highway
22 Safety and Motor Vehicles. The expenses incurred by the
23 department in administering this section shall be paid only
24 from appropriations made from the trust fund.
25 (2) Beginning October 1, 1990, the department shall
26 charge and collect an additional fee of $1 for each new mobile
27 home and new recreational vehicle title transaction for which
28 it charges a fee. This additional fee shall be deposited into
29 the trust fund. The Department of Highway Safety and Motor
30 Vehicles shall charge a fee of $40 per annual dealer and
31 manufacturer license and license renewal, which shall be
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1 deposited into the trust fund. The sums deposited in the trust
2 fund shall be used exclusively for carrying out the purposes
3 of this section. These sums may be invested and reinvested by
4 the Chief Financial Officer under the same limitations as
5 apply to investment of other state funds, with all interest
6 from these investments deposited to the credit of the trust
7 fund.
8 (3) The trust fund shall be used to satisfy any
9 judgment or claim by any person, as provided by this section,
10 against a mobile home or recreational vehicle dealer or broker
11 for damages, restitution, or expenses, including reasonable
12 attorney's fees, resulting from a cause of action directly
13 related to the conditions of any written contract made by him
14 or her in connection with the sale, exchange, or improvement
15 of any mobile home or recreational vehicle, or for any
16 violation of chapter 319 or this chapter.
17 (4) The trust fund shall not be liable for any
18 judgment, or part thereof, resulting from any tort claim
19 except as expressly provided in subsection (3), nor for any
20 punitive, exemplary, double, or treble damages. A person, the
21 state, or any political subdivision thereof may recover
22 against the mobile home or recreational vehicle dealer,
23 broker, or surety, jointly and severally, for such damages,
24 restitution, or expenses; provided, however, that in no event
25 shall the trust fund or the surety be liable for an amount in
26 excess of actual damages, restitution, or expenses.
27 (5) Subject to the limitations and requirements of
28 this section, the trust fund shall be used by the department
29 to compensate persons who have unsatisfied judgments, or in
30 certain limited circumstances unsatisfied claims, against a
31 mobile home or recreational vehicle dealer or broker. The
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1 following conditions must exist for a person to be eligible to
2 file a claim against the trust fund in one of the following
3 situations:
4 (a) The claimant has obtained a final judgment that
5 which is unsatisfied against the mobile home or recreational
6 vehicle dealer or broker or its surety jointly and severally,
7 or against the mobile home dealer or broker only, if the court
8 found that the surety was not liable due to prior payment of
9 valid claims against the bond in an amount equal to, or
10 greater than, the face amount of the applicable bond; or the
11 claimant is prohibited from filing a claim in a lawsuit
12 because a bankruptcy proceeding is pending by the dealer or
13 broker, and the claimant has filed a claim in that bankruptcy
14 proceeding; or the dealer or broker has closed his or her
15 business and cannot be found or located within the
16 jurisdiction of the state; and.
17 (b) A claim has been made in a lawsuit against the
18 surety and a judgment obtained is unsatisfied; a claim has
19 been made in a lawsuit against the surety which has been
20 stayed or discharged in a bankruptcy proceeding; or a claimant
21 is prohibited from filing a claim in a lawsuit because a
22 bankruptcy proceeding is pending by surety or the surety is
23 not liable due to the prior payment of valid claims against
24 the bond in an amount equal to, or greater than, the face
25 amount of the applicable bond. However, a claimant may not
26 recover against the trust fund if the claimant has recovered
27 from the surety an amount that is equal to or greater than the
28 total loss. The claimant has obtained a judgment against the
29 surety of the mobile home or recreational vehicle dealer or
30 broker that is unsatisfied.
31 (c) The claimant has alleged a claim against the
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1 mobile home or recreational vehicle dealer or broker in a
2 lawsuit which has been stayed or discharged as a result of the
3 filing for reorganization or discharge in bankruptcy by the
4 dealer or broker, and judgment against the surety is not
5 possible because of the bankruptcy or liquidation of the
6 surety, or because the surety has been found by a court of
7 competent jurisdiction not to be liable due to prior payment
8 of valid claims against the bond in an amount equal to, or
9 greater than, the face amount of the applicable bond.
10 (6) In order to recover from the trust fund, the
11 person must file an application and verified claim with the
12 department.
13 (a) If the claimant has obtained a judgment that which
14 is unsatisfied against the mobile home or recreational vehicle
15 dealer or broker or its surety as set forth in this section,
16 the verified claim must specify the following:
17 1.a. That the judgment against the mobile home or
18 recreational vehicle dealer or broker and its surety has been
19 entered; or
20 b. That the judgment against the mobile home or
21 recreational vehicle dealer or broker contains a specific
22 finding that the surety has no liability, that execution has
23 been returned unsatisfied, and that a judgment lien has been
24 perfected;
25 2. The amount of actual damages broken down by
26 category as awarded by the court or jury in the cause which
27 resulted in the unsatisfied judgment, and the amount of
28 attorney's fees set forth in the unsatisfied judgment;
29 3. The amount of payment or other consideration
30 received, if any, from the mobile home or recreational vehicle
31 dealer or broker or its surety;
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1 4. The amount that may be realized, if any, from the
2 sale of real or personal property or other assets of the
3 judgment debtor liable to be sold or applied in satisfaction
4 of the judgment and the balance remaining due on the judgment
5 after application of the amount which has been realized and a
6 certification that the claimant has made a good faith effort
7 to collect the judgment; and
8 5. An assignment by the claimant of rights, title, or
9 interest in the unsatisfied judgement lien to the department;
10 and
11 6.5. Such other information as the department
12 requires.
13 (b) If the claimant has alleged a claim as set forth
14 in paragraph (5)(a) (5)(c) and for the reasons set forth
15 therein has not been able to secure a judgment, the verified
16 claim must contain the following:
17 1. A true copy of the pleadings in the lawsuit that
18 which was stayed or discharged by the bankruptcy court and the
19 order of the bankruptcy court staying those proceedings or a
20 true copy of the claim that was filed in the bankruptcy court
21 proceedings;
22 2. Allegations of the acts or omissions by the mobile
23 home or recreational vehicle dealer or broker setting forth
24 the specific acts or omissions complained of which resulted in
25 actual damage to the person, along with the actual dollar
26 amount necessary to reimburse or compensate the person for
27 costs or expenses resulting from the acts or omissions of
28 which the person complained;
29 3. True copies of all purchase agreements, notices,
30 service or repair orders or papers or documents of any kind
31 whatsoever which the person received in connection with the
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1 purchase, exchange, or lease-purchase of the mobile home or
2 recreational vehicle from which the person's cause of action
3 arises; and
4 4. An assignment by the claimant of rights, title, or
5 interest in the claim to the department; and
6 5.4. Such other information as the department
7 requires.
8 (c) The department may require such proof as it deems
9 necessary to document the matters set forth in the claim.
10 (7) Within 90 days after receipt of the application
11 and verified claim, the department shall issue its
12 determination on the claim. Such determination shall not be
13 subject to the provisions of chapter 120, but shall be
14 reviewable only by writ of certiorari in the circuit court in
15 the county in which the claimant resides in the manner and
16 within the time provided by the Florida Rules of Appellate
17 Procedure. The claim must be paid within 45 days after the
18 determination, or, if judicial review is sought, within 45
19 days after the review becomes final. A person may not be paid
20 an amount from the fund in excess of $25,000 per mobile home
21 or recreational vehicle, which includes any damages,
22 restitution, payments received as the result of a claim
23 against the surety bond, or expenses, including reasonable
24 attorney's fees. Prior to payment, the person must execute an
25 assignment to the department of all the person's rights and
26 title to, and interest in, the unsatisfied judgment and
27 judgment lien or the claim against the dealer or broker and
28 its surety.
29 (8) The department, in its discretion and where
30 feasible, may try to recover from the mobile home or
31 recreational vehicle dealer or broker, or the judgment debtor
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1 or its surety, all sums paid to persons from the trust fund.
2 Any sums recovered shall be deposited to the credit of the
3 trust fund. The department shall be awarded a reasonable
4 attorney's fee for all actions taken to recover any sums paid
5 to persons from the trust fund pursuant to this section.
6 (9) This section does not apply to any claim, and a
7 person may not recover against the trust fund as the result of
8 any claim, against a mobile home or recreational vehicle
9 dealer or broker resulting from a cause of action directly
10 related to the sale, lease-purchase, exchange, brokerage, or
11 installation of a mobile home or recreational vehicle prior to
12 July 1, 2006 October 1, 1990.
13 (10) Neither the department, nor the trust fund shall
14 be liable to any person for recovery if the trust fund does
15 not have the moneys necessary to pay amounts claimed. If the
16 trust fund does not have sufficient assets to pay the
17 claimant, it shall log the time and date of its determination
18 for payment to a claimant. If moneys become available, the
19 department shall pay the claimant whose unpaid claim is the
20 earliest by time and date of determination.
21 (11) It is unlawful for any person or his or her agent
22 to file any notice, statement, or other document required
23 under this section which is false or contains any material
24 misstatement of fact. Any person who violates this subsection
25 is guilty of a misdemeanor of the second degree, punishable as
26 provided in s. 775.082 or s. 775.083.
27 Section 38. Subsection (16) of section 322.01, Florida
28 Statutes, is amended, and subsections (43) and (44) are added
29 to that section, to read:
30 322.01 Definitions.--As used in this chapter:
31 (16) "Driver's license" means a certificate that
33
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1 which, subject to all other requirements of law, authorizes an
2 individual to drive a motor vehicle and denotes an operator's
3 license as defined in 49 U.S.C. s. 30301.
4 (43) "Identification card" means a personal
5 identification card issued by the department which conforms to
6 the definition in 18 U.S.C. s. 1028(d).
7 (44) "Temporary driver's license" or "temporary
8 identification card" means a certificate issued by the
9 department which, subject to all other requirements of law,
10 authorizes an individual to drive a motor vehicle and denotes
11 an operator's license, as defined in 49 U.S.C. s. 30301, or a
12 personal identification card issued by the department which
13 conforms to the definition in 18 U.S.C. s. 1028(d) and denotes
14 that the holder is permitted to stay for a short duration of
15 time, as specified on the temporary identification card, and
16 is not a permanent resident of the United States.
17 Section 39. Subsection (1) of section 322.02, Florida
18 Statutes, is amended to read:
19 322.02 Legislative intent; administration.--
20 (1) The Legislature finds that over the past several
21 years the department and individual county tax collectors have
22 entered into contracts for the delivery of full and limited
23 driver license services where such contractual relationships
24 best served the public interest through state administration
25 and enforcement and local government implementation. It is the
26 intent of the Legislature that future interests and processes
27 for developing and expanding the department's relationship
28 with tax collectors and other county constitutional officers
29 through contractual relationships for the delivery of driver
30 license services be achieved through the provisions of this
31 chapter, thereby serving best the public interest considering
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1 accountability, cost-effectiveness, efficiency,
2 responsiveness, and high-quality service to the drivers in
3 Florida.
4 Section 40. Subsection (2) of section 322.05, Florida
5 Statutes, is amended to read:
6 322.05 Persons not to be licensed.--The department may
7 not issue a license:
8 (2) To a person who is at least 16 years of age but is
9 under 18 years of age unless the person meets the requirements
10 of s. 322.091 and holds a valid:
11 (a) Learner's driver's license for at least 12 months,
12 with no moving traffic convictions, before applying for a
13 license;
14 (b) Learner's driver's license for at least 12 months
15 and who has a moving traffic conviction but elects to attend a
16 traffic driving school for which adjudication must be withheld
17 pursuant to s. 318.14; or
18 (c) License that was issued in another state or in a
19 foreign jurisdiction and that would not be subject to
20 suspension or revocation under the laws of this state.
21 Section 41. Subsection (1) of section 322.051, Florida
22 Statutes, is amended to read:
23 322.051 Identification cards.--
24 (1) Any person who is 5 12 years of age or older, or
25 any person who has a disability, regardless of age, who
26 applies for a disabled parking permit under s. 320.0848, may
27 be issued an identification card by the department upon
28 completion of an application and payment of an application
29 fee.
30 (a) Each such application shall include the following
31 information regarding the applicant:
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1 1. Full name (first, middle or maiden, and last),
2 gender, social security card number, county of residence and
3 mailing address, country of birth, and a brief description.
4 2. Proof of birth date satisfactory to the department.
5 3. Proof of identity satisfactory to the department.
6 Such proof must include one of the following documents issued
7 to the applicant:
8 a. A driver's license record or identification card
9 record from another jurisdiction that required the applicant
10 to submit a document for identification which is substantially
11 similar to a document required under sub-subparagraph b.,
12 sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,
13 sub-subparagraph f., or sub-subparagraph g.;
14 b. A certified copy of a United States birth
15 certificate;
16 c. A United States passport;
17 d. A naturalization certificate issued by the United
18 States Department of Homeland Security;
19 e. An alien registration receipt card (green card);
20 f. An employment authorization card issued by the
21 United States Department of Homeland Security; or
22 g. Proof of nonimmigrant classification provided by
23 the United States Department of Homeland Security, for an
24 original identification card. In order to prove such
25 nonimmigrant classification, applicants may produce but are
26 not limited to the following documents:
27 (I) A notice of hearing from an immigration court
28 scheduling a hearing on any proceeding.
29 (II) A notice from the Board of Immigration Appeals
30 acknowledging pendency of an appeal.
31 (III) Notice of the approval of an application for
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1 adjustment of status issued by the United States Bureau of
2 Citizenship and Immigration Services.
3 (IV) Any official documentation confirming the filing
4 of a petition for asylum or refugee status or any other relief
5 issued by the United States Bureau of Citizenship and
6 Immigration Services.
7 (V) Notice of action transferring any pending matter
8 from another jurisdiction to Florida, issued by the United
9 States Bureau of Citizenship and Immigration Services.
10 (VI) Order of an immigration judge or immigration
11 officer granting any relief that authorizes the alien to live
12 and work in the United States including, but not limited to
13 asylum.
14 (VII) Evidence that an application is pending for
15 adjustment of status to that of an alien lawfully admitted for
16 permanent residence in the United States or conditional
17 permanent resident status in the United States, if a visa
18 number is available having a current priority date for
19 processing by the United States Bureau of Citizenship and
20 Immigration Services.
21
22 Presentation of any of the documents described in
23 sub-subparagraph f. or sub-subparagraph g. entitles the
24 applicant to an identification card for a period not to exceed
25 the expiration date of the document presented or 1 year 2
26 years, whichever first occurs.
27 (b) An application for an identification card must be
28 signed and verified by the applicant in a format designated by
29 the department before a person authorized to administer oaths.
30 The fee for an identification card is $3, including payment
31 for the color photograph or digital image of the applicant.
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1 (c) Each such applicant may include fingerprints and
2 any other unique biometric means of identity.
3 Section 42. Subsection (2) of section 322.08, Florida
4 Statutes, is amended to read:
5 322.08 Application for license.--
6 (2) Each such application shall include the following
7 information regarding the applicant:
8 (a) Full name (first, middle or maiden, and last),
9 gender, social security card number, county of residence and
10 mailing address, country of birth, and a brief description.
11 (b) Proof of birth date satisfactory to the
12 department.
13 (c) Proof of identity satisfactory to the department.
14 Such proof must include one of the following documents issued
15 to the applicant:
16 1. A driver's license record or identification card
17 record from another jurisdiction that required the applicant
18 to submit a document for identification which is substantially
19 similar to a document required under subparagraph 2.,
20 subparagraph 3., subparagraph 4., subparagraph 5.,
21 subparagraph 6., or subparagraph 7.;
22 2. A certified copy of a United States birth
23 certificate;
24 3. A United States passport;
25 4. A naturalization certificate issued by the United
26 States Department of Homeland Security;
27 5. An alien registration receipt card (green card);
28 6. An employment authorization card issued by the
29 United States Department of Homeland Security; or
30 7. Proof of nonimmigrant classification provided by
31 the United States Department of Homeland Security, for an
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1 original driver's license. In order to prove nonimmigrant
2 classification, an applicant may produce the following
3 documents, including, but not limited to:
4 a. A notice of hearing from an immigration court
5 scheduling a hearing on any proceeding.
6 b. A notice from the Board of Immigration Appeals
7 acknowledging pendency of an appeal.
8 c. A notice of the approval of an application for
9 adjustment of status issued by the United States Bureau of
10 Citizenship and Immigration Services and Naturalization
11 Service.
12 d. Any official documentation confirming the filing of
13 a petition for asylum or refugee status or any other relief
14 issued by the United States Bureau of Citizenship and
15 Immigration Services and Naturalization Service.
16 e. A notice of action transferring any pending matter
17 from another jurisdiction to this state issued by the United
18 States Bureau of Citizenship and Immigration Services and
19 Naturalization Service.
20 f. An order of an immigration judge or immigration
21 officer granting any relief that authorizes the alien to live
22 and work in the United States, including, but not limited to,
23 asylum.
24 g. Evidence that an application is pending for
25 adjustment of status to that of an alien lawfully admitted for
26 permanent residence in the United States or conditional
27 permanent resident status in the United States, if a visa
28 number is available having a current priority date for
29 processing by the United States Bureau of Citizenship and
30 Immigration Services.
31
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1 Presentation of any of the documents in subparagraph 6. or
2 subparagraph 7. entitles the applicant to a driver's license
3 or temporary permit for a period not to exceed the expiration
4 date of the document presented or 1 year 2 years, whichever
5 occurs first.
6 (d) Whether the applicant has previously been licensed
7 to drive, and, if so, when and by what state, and whether any
8 such license or driving privilege has ever been disqualified,
9 revoked, or suspended, or whether an application has ever been
10 refused, and, if so, the date of and reason for such
11 disqualification, suspension, revocation, or refusal.
12 (e) Each such application may include fingerprints and
13 other unique biometric means of identity.
14 Section 43. Effective July 1, 2008, subsection (5) of
15 section 322.12, Florida Statutes, is amended to read:
16 322.12 Examination of applicants.--
17 (5)(a) The department shall formulate a separate
18 examination for applicants for licenses to operate
19 motorcycles. Any applicant for a driver's license who wishes
20 to operate a motorcycle, and who is otherwise qualified, must
21 successfully complete such an examination, which is in
22 addition to the examination administered under subsection (3).
23 The examination must test the applicant's knowledge of the
24 operation of a motorcycle and of any traffic laws specifically
25 relating thereto and must include an actual demonstration of
26 his or her ability to exercise ordinary and reasonable control
27 in the operation of a motorcycle. Any applicant who fails to
28 pass the initial knowledge examination will incur a $5 fee for
29 each subsequent examination, to be deposited into the Highway
30 Safety Operating Trust Fund. Any applicant who fails to pass
31 the initial skills examination will incur a $10 fee for each
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1 subsequent examination, to be deposited into the Highway
2 Safety Operating Trust Fund. In the formulation of the
3 examination, the department shall consider the use of the
4 Motorcycle Operator Skills Test and the Motorcycle in Traffic
5 Test offered by the Motorcycle Safety Foundation. The
6 department shall indicate on the license of any person who
7 successfully completes the examination that the licensee is
8 authorized to operate a motorcycle. If the applicant wishes to
9 be licensed to operate a motorcycle only, he or she need not
10 take the skill or road test required under subsection (3) for
11 the operation of a motor vehicle, and the department shall
12 indicate such a limitation on his or her license as a
13 restriction. Every first-time applicant for licensure to
14 operate a motorcycle who is under 21 years of age must provide
15 proof of completion of a motorcycle safety course, as provided
16 for in s. 322.0255, before the applicant may be licensed to
17 operate a motorcycle.
18 (b) The department may exempt any applicant from the
19 examination provided in this subsection if the applicant
20 presents a certificate showing successful completion of a
21 course approved by the department, which course includes a
22 similar examination of the knowledge and skill of the
23 applicant in the operation of a motorcycle.
24 Section 44. Subsection (8) of section 322.121, Florida
25 Statutes, is amended to read:
26 322.121 Periodic reexamination of all drivers.--
27 (8) In addition to any other examination authorized by
28 this section, an applicant for a renewal of an endorsement
29 issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f)
30 may be required to complete successfully an examination of his
31 or her knowledge regarding state and federal rules,
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1 regulations, and laws, governing the type of vehicle which he
2 or she is seeking an endorsement to operate.
3 Section 45. Subsection (10) is added to section
4 322.135, Florida Statutes, to read:
5 322.135 Driver's license agents.--
6 (10) The department may contract with any county
7 constitutional officer to provide driver license services in
8 the same manner as provided in this section in a county where
9 the tax collector is not elected or elects not to provide
10 driver license services.
11 Section 46. Section 322.2615, Florida Statutes, is
12 amended to read:
13 322.2615 Suspension of license; right to review.--
14 (1)(a) A law enforcement officer or correctional
15 officer shall, on behalf of the department, suspend the
16 driving privilege of a person who is driving or in actual
17 physical control of a motor vehicle and who has an has been
18 arrested by a law enforcement officer for a violation of s.
19 316.193, relating to unlawful blood-alcohol level or
20 breath-alcohol level of 0.08 or higher, or of a person who has
21 refused to submit to a breath, urine, or blood test or a test
22 of his or her breath-alcohol or blood-alcohol level authorized
23 by s. 316.1932. The officer shall take the person's driver's
24 license and issue the person a 10-day temporary permit if the
25 person is otherwise eligible for the driving privilege and
26 shall issue the person a notice of suspension. If a blood test
27 has been administered, the results of which are not available
28 to the officer or at the time of the arrest, the agency
29 employing the officer shall transmit such results to the
30 department within 5 days after receipt of the results. If the
31 department then determines that the person was arrested for a
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1 violation of s. 316.193 and that the person had a
2 blood-alcohol level or breath-alcohol level of 0.08 or higher,
3 the department shall suspend the person's driver's license
4 pursuant to subsection (3).
5 (b) The suspension under paragraph (a) shall be
6 pursuant to, and the notice of suspension shall inform the
7 driver of, the following:
8 1.a. The driver refused to submit to a lawful breath,
9 blood, or urine test and his or her driving privilege is
10 suspended for a period of 1 year for a first refusal or for a
11 period of 18 months if his or her driving privilege has been
12 previously suspended as a result of a refusal to submit to
13 such a test; or
14 b. The driver was driving or in actual physical
15 control of a motor vehicle and had violated s. 316.193 by
16 driving with an unlawful blood-alcohol level or breath-alcohol
17 level of 0.08 or higher as provided in that section and his or
18 her driving privilege is suspended for a period of 6 months
19 for a first offense or for a period of 1 year if his or her
20 driving privilege has been previously suspended under this
21 section for a violation of s. 316.193.
22 2. The suspension period shall commence on the date of
23 arrest or issuance of the notice of suspension, whichever is
24 later.
25 3. The driver may request a formal or informal review
26 of the suspension by the department within 10 days after the
27 date of arrest or issuance of the notice of suspension,
28 whichever is later.
29 4. The temporary permit issued at the time of
30 suspension arrest expires will expire at midnight of the 10th
31 day following the date of arrest or issuance of the notice of
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1 suspension, whichever is later.
2 5. The driver may submit to the department any
3 materials relevant to the suspension arrest.
4 (2) Except as provided in paragraph (1)(a), the law
5 enforcement officer shall forward to the department, within 5
6 days after issuing the date of the arrest, a copy of the
7 notice of suspension, the driver's license; of the person
8 arrested, and a report of the arrest, including an affidavit
9 stating the officer's grounds for belief that the person was
10 driving or in actual physical control of a motor vehicle while
11 under the influence of alcoholic beverages or chemical or
12 controlled substances arrested was in violation of s. 316.193;
13 the results of any breath or blood test or an affidavit
14 stating that a breath, blood, or urine test was requested by a
15 law enforcement officer or correctional officer and that the
16 person arrested refused to submit; a copy of the citation
17 issued to the person arrested; and the officer's description
18 of the person's field sobriety test, if any; the notice of
19 suspension; and a copy of the crash report, if any. The
20 failure of the officer to submit materials within the 5-day
21 period specified in this subsection and in subsection (1) does
22 shall not affect the department's ability to consider any
23 evidence submitted at or prior to the hearing. The officer
24 may also submit a copy of a videotape of the field sobriety
25 test or the attempt to administer such test. Materials
26 submitted to the department by a law enforcement agency or
27 correctional agency shall be considered self-authenticating
28 and shall be in the record for consideration by the hearing
29 officer. Notwithstanding s. 316.066(4), the crash report shall
30 be considered by the hearing officer.
31 (3) If the department determines that the license of
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1 the person arrested should be suspended pursuant to this
2 section and if the notice of suspension has not already been
3 served upon the person by a law enforcement officer or
4 correctional officer as provided in subsection (1), the
5 department shall issue a notice of suspension and, unless the
6 notice is mailed pursuant to s. 322.251, a temporary permit
7 that which expires 10 days after the date of issuance if the
8 driver is otherwise eligible.
9 (4) If the person whose license was suspended arrested
10 requests an informal review pursuant to subparagraph (1)(b)3.,
11 the department shall conduct the informal review by a hearing
12 officer employed by the department. Such informal review
13 hearing shall consist solely of an examination by the
14 department of the materials submitted by a law enforcement
15 officer or correctional officer and by the person whose
16 license was suspended arrested, and the presence of an officer
17 or witness is not required.
18 (5) After completion of the informal review, notice of
19 the department's decision sustaining, amending, or
20 invalidating the suspension of the driver's license of the
21 person whose license was suspended arrested must be provided
22 to such person. Such notice must be mailed to the person at
23 the last known address shown on the department's records, or
24 to the address provided in the law enforcement officer's
25 report if such address differs from the address of record,
26 within 21 days after the expiration of the temporary permit
27 issued pursuant to subsection (1) or subsection (3).
28 (6)(a) If the person whose license was suspended
29 arrested requests a formal review, the department must
30 schedule a hearing to be held within 30 days after such
31 request is received by the department and must notify the
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1 person of the date, time, and place of the hearing.
2 (b) Such formal review hearing shall be held before a
3 hearing officer employed by the department, and the hearing
4 officer shall be authorized to administer oaths, examine
5 witnesses and take testimony, receive relevant evidence, issue
6 subpoenas for the officers and witnesses identified in
7 documents in subsection (2), regulate the course and conduct
8 of the hearing, question witnesses, and make a ruling on the
9 suspension. The department and the person arrested may
10 subpoena witnesses, and the party requesting the presence of a
11 witness shall be responsible for the payment of any witness
12 fees and for notifying in writing the state attorney's office
13 in the appropriate circuit of the issuance of the subpoena.
14 If the person who requests a formal review hearing fails to
15 appear and the hearing officer finds such failure to be
16 without just cause, the right to a formal hearing is waived
17 and the suspension shall be sustained.
18 (c) A party may seek enforcement of a subpoena under
19 paragraph (b) by filing a petition for enforcement in the
20 circuit court of the judicial circuit in which the person
21 failing to comply with the subpoena resides. A failure to
22 comply with an order of the court shall result in a finding of
23 contempt of court. However, a person is shall not be in
24 contempt while a subpoena is being challenged.
25 (d) The department must, within 7 working days after a
26 formal review hearing, send notice to the person of the
27 hearing officer's decision as to whether sufficient cause
28 exists to sustain, amend, or invalidate the suspension.
29 (7) In a formal review hearing under subsection (6) or
30 an informal review hearing under subsection (4), the hearing
31 officer shall determine by a preponderance of the evidence
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1 whether sufficient cause exists to sustain, amend, or
2 invalidate the suspension. The scope of the review shall be
3 limited to the following issues:
4 (a) If the license was suspended for driving with an
5 unlawful blood-alcohol level or breath-alcohol level of 0.08
6 or higher in violation of s. 316.193:
7 1. Whether the arresting law enforcement officer had
8 probable cause to believe that the person whose license was
9 suspended was driving or in actual physical control of a motor
10 vehicle in this state while under the influence of alcoholic
11 beverages or chemical or controlled substances.
12 2. Whether the person was placed under lawful arrest
13 for a violation of s. 316.193.
14 2.3. Whether the person whose license was suspended
15 had an unlawful blood-alcohol level or breath-alcohol level of
16 0.08 or higher as provided in s. 316.193.
17 (b) If the license was suspended for refusal to submit
18 to a breath, blood, or urine test:
19 1. Whether the arresting law enforcement officer had
20 probable cause to believe that the person whose license was
21 suspended was driving or in actual physical control of a motor
22 vehicle in this state while under the influence of alcoholic
23 beverages or chemical or controlled substances.
24 2. Whether the person was placed under lawful arrest
25 for a violation of s. 316.193.
26 2.3. Whether the person whose license was suspended
27 refused to submit to any such test after being requested to do
28 so by a law enforcement officer or correctional officer.
29 3.4. Whether the person whose license was suspended
30 was told that if he or she refused to submit to such test his
31 or her privilege to operate a motor vehicle would be suspended
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1 for a period of 1 year or, in the case of a second or
2 subsequent refusal, for a period of 18 months.
3 (8) Based on the determination of the hearing officer
4 pursuant to subsection (7) for both informal hearings under
5 subsection (4) and formal hearings under subsection (6), the
6 department shall:
7 (a) Sustain the suspension of the person's driving
8 privilege for a period of 1 year for a first refusal, or for a
9 period of 18 months if the driving privilege of such person
10 has been previously suspended as a result of a refusal to
11 submit to such tests, if the arrested person refused to submit
12 to a lawful breath, blood, or urine test. The suspension
13 period commences on the date of the arrest or issuance of the
14 notice of suspension, whichever is later.
15 (b) Sustain the suspension of the person's driving
16 privilege for a period of 6 months for a blood-alcohol level
17 or breath-alcohol level of 0.08 or higher violation of s.
18 316.193, or for a period of 1 year if the driving privilege of
19 such person has been previously suspended under this section
20 as a result of driving with an unlawful alcohol level a
21 violation of s. 316.193. The suspension period commences on
22 the date of the arrest or issuance of the notice of
23 suspension, whichever is later.
24 (9) A request for a formal review hearing or an
25 informal review hearing shall not stay the suspension of the
26 person's driver's license. If the department fails to
27 schedule the formal review hearing to be held within 30 days
28 after receipt of the request therefor, the department shall
29 invalidate the suspension. If the scheduled hearing is
30 continued at the department's initiative, the department shall
31 issue a temporary driving permit that which shall be valid
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1 until the hearing is conducted if the person is otherwise
2 eligible for the driving privilege. Such permit may shall not
3 be issued to a person who sought and obtained a continuance of
4 the hearing. The permit issued under this subsection shall
5 authorize driving for business or employment use only.
6 (10) A person whose driver's license is suspended
7 under subsection (1) or subsection (3) may apply for issuance
8 of a license for business or employment purposes only if the
9 person is otherwise eligible for the driving privilege
10 pursuant to s. 322.271.
11 (a) If the suspension of the driver's license of the
12 person for failure to submit to a breath, urine, or blood test
13 is sustained, the person is not eligible to receive a license
14 for business or employment purposes only, pursuant to s.
15 322.271, until 90 days have elapsed after the expiration of
16 the last temporary permit issued. If the driver is not issued
17 a 10-day permit pursuant to this section or s. 322.64 because
18 he or she is ineligible for the permit and the suspension for
19 failure to submit to a breath, urine, or blood test is not
20 invalidated by the department, the driver is not eligible to
21 receive a business or employment license pursuant to s.
22 322.271 until 90 days have elapsed from the date of the
23 suspension.
24 (b) If the suspension of the driver's license of the
25 person arrested for a violation of s. 316.193, relating to
26 unlawful blood-alcohol level or breath-alcohol level of 0.08
27 or higher, is sustained, the person is not eligible to receive
28 a license for business or employment purposes only pursuant to
29 s. 322.271 until 30 days have elapsed after the expiration of
30 the last temporary permit issued. If the driver is not issued
31 a 10-day permit pursuant to this section or s. 322.64 because
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1 he or she is ineligible for the permit and the suspension for
2 a violation of s. 316.193, relating to unlawful blood-alcohol
3 level or breath-alcohol level of 0.08 or higher, is not
4 invalidated by the department, the driver is not eligible to
5 receive a business or employment license pursuant to s.
6 322.271 until 30 days have elapsed from the date of the
7 suspension arrest.
8 (11) The formal review hearing may be conducted upon a
9 review of the reports of a law enforcement officer or a
10 correctional officer, including documents relating to the
11 administration of a breath test or blood test or the refusal
12 to take either test or the refusal to take a urine test.
13 However, as provided in subsection (6), the driver may
14 subpoena the officer or any person who administered or
15 analyzed a breath or blood test.
16 (12) The formal review hearing and the informal review
17 hearing are exempt from the provisions of chapter 120. The
18 department may is authorized to adopt rules for the conduct of
19 reviews under this section.
20 (13) A person may appeal any decision of the
21 department sustaining a suspension of his or her driver's
22 license by a petition for writ of certiorari to the circuit
23 court in the county wherein such person resides or wherein a
24 formal or informal review was conducted pursuant to s. 322.31.
25 However, an appeal shall not stay the suspension. A law
26 enforcement agency may appeal any decision of the department
27 invalidating a suspension by a petition for writ of certiorari
28 to the circuit court in the county wherein a formal or
29 informal review was conducted. This subsection shall not be
30 construed to provide for a de novo appeal.
31 (14)(a) The decision of the department under this
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1 section or any circuit court review thereof may not be
2 considered in any trial for a violation of s. 316.193, and a
3 written statement submitted by a person in his or her request
4 for departmental review under this section may not be admitted
5 into evidence against him or her in any such trial.
6 (b) The disposition of any related criminal
7 proceedings does not affect a suspension for refusal to submit
8 to a blood, breath, or urine test, authorized by s. 316.1932
9 or s. 316.1933, imposed under this section.
10 (15) If the department suspends a person's license
11 under s. 322.2616, it may not also suspend the person's
12 license under this section for the same episode that was the
13 basis for the suspension under s. 322.2616.
14 (16) The department shall invalidate a suspension for
15 driving with an unlawful blood-alcohol level or breath-alcohol
16 level imposed under this section if the suspended person is
17 found not guilty at trial of an underlying violation of s.
18 316.193.
19 Section 47. Subsection (3) of section 322.27, Florida
20 Statutes, is amended to read:
21 322.27 Authority of department to suspend or revoke
22 license.--
23 (3) There is established a point system for evaluation
24 of convictions of violations of motor vehicle laws or
25 ordinances, and violations of applicable provisions of s.
26 403.413(6)(b) when such violations involve the use of motor
27 vehicles, for the determination of the continuing
28 qualification of any person to operate a motor vehicle. The
29 department is authorized to suspend the license of any person
30 upon showing of its records or other good and sufficient
31 evidence that the licensee has been convicted of violation of
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1 motor vehicle laws or ordinances, or applicable provisions of
2 s. 403.413(6)(b), amounting to 12 or more points as determined
3 by the point system. The suspension shall be for a period of
4 not more than 1 year.
5 (a) When a licensee accumulates 12 points within a
6 12-month period, the period of suspension shall be for not
7 more than 30 days.
8 (b) When a licensee accumulates 18 points, including
9 points upon which suspension action is taken under paragraph
10 (a), within an 18-month period, the suspension shall be for a
11 period of not more than 3 months.
12 (c) When a licensee accumulates 24 points, including
13 points upon which suspension action is taken under paragraphs
14 (a) and (b), within a 36-month period, the suspension shall be
15 for a period of not more than 1 year.
16 (d) The point system shall have as its basic element a
17 graduated scale of points assigning relative values to
18 convictions of the following violations:
19 1. Reckless driving, willful and wanton--4 points.
20 2. Leaving the scene of a crash resulting in property
21 damage of more than $50--6 points.
22 3. Unlawful speed resulting in a crash--6 points.
23 4. Passing a stopped school bus--4 points.
24 5. Unlawful speed:
25 a. Not in excess of 15 miles per hour of lawful or
26 posted speed--3 points.
27 b. In excess of 15 miles per hour but less than 30
28 miles per hour of lawful or posted speed--4 points.
29 c. Thirty miles per hour or more in excess of lawful
30 or posted speed--6 points.
31 6. A violation of a traffic control signal device as
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Bill No. HB 7079, 2nd Eng.
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1 provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
2 7. All other moving violations (including parking on a
3 highway outside the limits of a municipality)--3 points.
4 However, no points shall be imposed for a violation of s.
5 316.0741 or s. 316.2065(12).
6 8. Any moving violation covered above, excluding
7 unlawful speed, resulting in a crash--4 points.
8 9. Any conviction under s. 403.413(6)(b)--3 points.
9 10. Any conviction under s. 316.0775(2)--4 points.
10 (e) A conviction in another state of a violation
11 therein which, if committed in this state, would be a
12 violation of the traffic laws of this state, or a conviction
13 of an offense under any federal law substantially conforming
14 to the traffic laws of this state, except a violation of s.
15 322.26, may be recorded against a driver on the basis of the
16 same number of points received had the conviction been made in
17 a court of this state.
18 (f) In computing the total number of points, when the
19 licensee reaches the danger zone, the department is authorized
20 to send the licensee a warning letter advising that any
21 further convictions may result in suspension of his or her
22 driving privilege.
23 (g) The department shall administer and enforce the
24 provisions of this law and may make rules and regulations
25 necessary for its administration.
26 (h) Three points shall be deducted from the driver
27 history record of any person whose driving privilege has been
28 suspended only once pursuant to this subsection and has been
29 reinstated, if such person has complied with all other
30 requirements of this chapter.
31 (i) This subsection shall not apply to persons
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Bill No. HB 7079, 2nd Eng.
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1 operating a nonmotorized vehicle for which a driver's license
2 is not required.
3 (j) For purposes of sub-subparagraph (d)5.c., the term
4 "conviction" means a finding of guilt, with or without
5 adjudication of guilt, as a result of a jury verdict, nonjury
6 trial, or entry of a plea of guilty or nolo contendere,
7 notwithstanding s. 318.14(11).
8
9
10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 78, line 18, through
13 page 82, line 7, delete those lines
14
15 and insert:
16 amending s. 318.14, F.S.; providing exceptions
17 to procedures for certain speed-limit
18 violations; removing the option for certain
19 offenders to attend driver improvement school;
20 amending s. 318.143, F.S., relating to
21 sanctions for infractions of ch. 316, F.S.,
22 committed by minors; allowing a court to
23 require a minor and his or her parents or
24 guardians to participate in a registered
25 youthful driver monitoring service; creating s.
26 318.1435, F.S.; defining the term "youthful
27 driver monitoring service"; providing
28 procedures by which such a service may provide
29 monitoring; providing registration
30 requirements; amending s. 318.15, F.S.;
31 providing for the collection of certain service
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Bill No. HB 7079, 2nd Eng.
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1 charges by authorized driver licensing agents;
2 amending s. 318.18, F.S.; providing increased
3 penalties for violation of load on vehicle
4 restrictions; providing increased penalties for
5 certain speed-limit violations; providing for
6 disposition of increased penalties; amending s.
7 318.19, F.S.; requiring mandatory hearings for
8 certain speed-limit violations; amending s.
9 318.32, F.S.; authorizing officers to revoke a
10 driver's license under certain circumstances;
11 amending s. 320.02, F.S.; requiring proof of an
12 endorsement before the original registration of
13 a motorcycle, motor-driven cycle, or moped;
14 amending s. 320.03, F.S.; exempting certain
15 owners of leased vehicles from certain
16 registration requirements; amending s. 320.07,
17 F.S.; exempting certain owners of leased
18 vehicles from certain penalties relating to
19 annual registration-renewal requirements;
20 amending s. 320.0706, F.S.; providing
21 requirements for displaying the rear license
22 plate on a dump truck; amending s. 320.08056,
23 F.S.; providing annual use fees for certain
24 plates; exempting collegiate license plates
25 from the requirement for maintaining a
26 specified number of license plate
27 registrations; amending s. 320.08058, F.S.;
28 creating the Future Farmers of America license
29 plate; providing for the distribution of annual
30 use fees received from the sale of such plates;
31 amending s. 320.089, F.S.; providing for
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Bill No. HB 7079, 2nd Eng.
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1 Operation Iraqi Freedom and Operation Enduring
2 Freedom license plates for qualified military
3 personnel; amending s. 320.27, F.S.; exempting
4 certain applicants for a new franchised motor
5 vehicle dealer license from certain training
6 requirements; providing penalties for the
7 failure to register a mobile home salesperson;
8 amending s. 320.405, F.S.; authorizing the
9 department to enter into an agreement for
10 scheduling the payment of taxes or penalties;
11 amending s. 320.77, F.S.; providing a
12 definition; requiring mobile home salespersons
13 to be registered with the department; amending
14 s. 320.781, F.S.; providing for certain claims
15 to be satisfied from the Mobile Home and
16 Recreational Vehicle Protection Trust Fund;
17 establishing certain conditions for such
18 claims; providing limits on such claims;
19 amending s. 322.01, F.S.; redefining the term
20 "driver's license" to include an operator's
21 license as defined by federal law; defining the
22 terms "identification card," "temporary
23 driver's license," and "temporary
24 identification card" for purposes of ch. 322,
25 F.S.; amending s. 322.02, F.S.; revising
26 legislative intent provisions to include
27 references to county constitutional officers
28 providing driver licensing services; amending
29 s. 322.05, F.S.; requiring that a driver
30 holding a learner license may only have his or
31 her application for a Class E license delayed
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Bill No. HB 7079, 2nd Eng.
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1 for a moving violation; amending s. 322.051,
2 F.S.; revising the age at which a person may be
3 issued an identification card by the
4 department; authorizing the use of additional
5 documentation for purposes of proving
6 nonimmigrant classification when a person
7 applies for an identification card; amending s.
8 322.08, F.S.; authorizing the use of additional
9 documentation for purposes of proving
10 nonimmigrant classification when a person
11 applies for a driver's license; amending s.
12 322.12, F.S.; requiring that all first-time
13 applicants for a license to operate a
14 motorcycle complete a motorcycle safety course;
15 amending s. 322.121, F.S.; revising periodic
16 license examination requirements; providing for
17 such testing of applicants for renewal of a
18 license under provisions requiring an
19 endorsement permitting the applicant to operate
20 a tank vehicle transporting hazardous
21 materials; amending s. 322.135, F.S.;
22 authorizing the department to contract with any
23 county constitutional officer for driver
24 license services in counties where the tax
25 collector is not elected or does not provide
26 the services; amending s. 322.2615, F.S.;
27 revising the procedures under which a law
28 enforcement officer or correctional officer may
29 suspend the driving privilege of a person who
30 is driving a motor vehicle and who has an
31 unlawful blood-alcohol level or breath-alcohol
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Bill No. HB 7079, 2nd Eng.
Barcode 783214
1 level or who refuses to submit to a test of his
2 or her urine, breath, or blood; deleting a
3 requirement that such person be arrested for
4 the offense of driving under the influence;
5 revising certain reporting requirements;
6 providing that materials submitted to the
7 department by the law enforcement agency,
8 including the crash report, are
9 self-authenticating and part of the record for
10 the hearing officer; authorizing a law
11 enforcement agency to appeal a decision by the
12 department invalidating a suspension of a
13 person's driving privilege; amending s. 322.27,
14 F.S.; providing for an increase in driver
15 points for certain speed-limit violations;
16 directing the
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