HB 7079

CS

CHAMBER ACTION

1	The State Infrastructure Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Department of Highway Safety and
7	Motor Vehicles; amending s. 207.008, F.S.; revising
8	requirements for motor carriers to retain certain records
9	as required by the Department of Highway Safety and Motor
10	Vehicles for tax purposes; amending s. 207.021, F.S.;
11	authorizing the department to adopt rules establishing
12	informal conferences to resolve disputes with motor
13	carriers arising from the assessment of taxes, penalties,
14	or interest or the denial of refunds; specifying certain
15	rights of the motor carrier; providing for closing
16	agreements to settle or compromise the taxpayer's
17	liability; providing conditions for settlement or
18	compromise; authorizing installment payment to settle
19	liability; amending s. 261.10, F.S.; limiting liability of
20	state agencies, water management districts, counties, and
21	municipalities, and officers and employees thereof,
22	providing off-highway vehicle recreation areas; creating
23	s. 261.20, F.S.; authorizing operation of off-highway
24	vehicles on public lands; providing requirements for
25	operation by certain minors; requiring supervision, a
26	certificate of completion of a safety education course,
27	and certain safety equipment; providing exceptions;
28	requiring approval by the Department of Agriculture and
29	Consumer Services of the courses; requiring certain
30	equipment on off-highway vehicles; providing for
31	exceptions to equipment requirements by rule of the
32	department; prohibiting certain acts; providing penalties;
33	providing exemptions; amending s. 316.003, F.S.; revising
34	the definition of "saddle mount" to provide for a full
35	mount; amending s. 316.0085, F.S.; revising provisions for
36	risks of certain activities on government-owned property
37	to include mountain and off-road bicycling; revising
38	definitions; providing for limitations on liability of the
39	governmental entity; providing exceptions to the
40	limitations; providing for assumption of risks by the
41	person engaged in the activity; providing responsibilities
42	of the participants; amending s. 316.1001, F.S.; revising
43	procedures for disposition of citations issued for failure
44	to pay a toll; providing for violations involving leased
45	vehicles; amending s. 316.1955, F.S.; providing for
46	responsibility for certain parking violations involving
47	leased vehicles; amending s. 316.2015, F.S.; revising
48	restrictions on riding on the exterior of a vehicle;
49	removing an exception; providing exceptions to
50	restrictions on riding in areas of a vehicle not intended
51	for passengers; prohibiting certain minors from riding in
52	the open body of certain trucks on limited access
53	highways; providing exceptions; providing for a county
54	governing body to exempt the county from the prohibition;
55	providing penalties; amending s. 316.2095, F.S.; deleting
56	a requirement that certain motorcycles be equipped with
57	passenger handholds; amending s. 316.211, F.S.; requiring
58	motorcycles registered to certain persons to display a
59	license plate that is unique in design and color;
60	providing penalties; creating s. 316.2123, F.S.;
61	prohibiting operation of all-terrain vehicles on public
62	roads and streets; providing an exception for operation on
63	described roadways; providing conditions; requiring the
64	operator to provide proof of ownership to a law
65	enforcement officer; providing for a local government to
66	restrict such operation; amending s. 316.2125, F.S.;
67	providing for a local governmental entity to enact an
68	ordinance regarding golf cart operation and equipment that
69	is more restrictive than specified provisions; limiting
70	application of such ordinance to unlicensed drivers;
71	creating s. 316.2128, F.S.; providing notice requirements
72	for commercial sale of motorized scooters and miniature
73	motorcycles; providing a definition; providing that a
74	violation of the notice requirements is an unfair and
75	deceptive trade practice; amending s. 316.221, F.S.;
76	providing an exemption from certain taillamp requirements
77	for dump trucks and vehicles with dump bodies; amending s.
78	316.302, F.S.; updating reference to federal commercial
79	motor vehicle regulations; revising hours-of-service
80	requirements for certain intrastate motor carriers;
81	revising conditions for an exemption from commercial
82	driver license requirements; revising weight requirements
83	for application of certain exceptions to specified federal
84	regulations and to operation of certain commercial motor
85	vehicles by persons of a certain age; amending s. 316.515,
86	F.S.; authorizing the Department of Transportation to
87	issue overwidth permits for certain implements of
88	husbandry; authorizing certain uses of forestry equipment;
89	providing width and speed limitations; requiring such
90	vehicles to be operated during daylight hours and in
91	accordance with specified safety requirements; revising
92	length and mount requirements for automobile towaway and
93	driveaway operations; authorizing saddle mount
94	combinations to include one full mount; requiring saddle
95	mount combinations to comply with specified safety
96	regulations; amending s. 318.14, F.S.; providing
97	exceptions to procedures for disposition of citations for
98	certain traffic violations; removing the option for
99	certain offenders to attend driver improvement school;
100	amending s. 318.143, F.S.; revising provisions for court-
101	imposed sanctions on a minor for specified traffic
102	violations; authorizing a court to require a minor and his
103	or her parents or guardian to participate in a registered
104	youthful driver monitoring service; creating s. 318.1435,
105	F.S.; providing for youthful driver monitoring services;
106	providing for registration with the Department of Highway
107	Safety and Motor Vehicles; amending s. 318.18, F.S.;
108	revising penalty provisions to provide for certain
109	criminal penalties; providing increased penalties for
110	certain speed limit violations; defining "conviction" for
111	specified purposes; increasing penalties for violations of
112	vehicle load requirements; imposing a surcharge to be paid
113	for specified traffic-related criminal offenses and all
114	noncriminal moving traffic violations; providing for the
115	proceeds of the surcharge to be used for the state agency
116	law enforcement radio system; amending s. 318.19, F.S.;
117	requiring mandatory hearings for certain speed limit
118	violations; amending s. 318.21, F.S.; revising provisions
119	for disposition of civil penalties to provide for
120	distribution of a specified surcharge; amending s. 318.32,
121	F.S.; revising the powers of civil traffic infraction
122	hearing officers; amending s. 319.14, F.S.; revising
123	definition of "police vehicle" for purpose of resale or
124	exchange; amending s. 320.02, F.S.; requiring proof of
125	required endorsement on a driver license as a condition
126	for original registration of a motorcycle, motor-driven
127	cycle, or moped; amending s. 320.03, F.S.; revising the
128	requirement to withhold issuance of a license plate or
129	revalidation sticker from certain persons to exempt the
130	owner of a leased vehicle when that vehicle is registered
131	in the name of the lessee; amending s. 320.07, F.S.;
132	providing for responsibility for certain registration
133	violations when the motor vehicle involved is leased and
134	registered in the name of the lessee; amending s.
135	320.0706, F.S.; revising requirements for display of
136	license plates; providing display requirements for dump
137	trucks; prohibiting display in such a manner that the
138	letters and numbers and their proper sequence are not
139	readily identifiable; amending s. 320.08056, F.S.;
140	establishing an annual use fee for the Future Farmers of
141	America license plate; amending s. 320.08058, F.S.;
142	revising provisions for distribution of revenues received
143	from the sale of Sportsmen's National Land Trust license
144	plates; creating the Future Farmers of America license
145	plate and providing for use of funds received from the
146	sale of the plates; amending s. 320.0807, F.S.; providing
147	for license plates for legislative presiding officers;
148	amending s. 320.089, F.S.; providing for Operation Iraqi
149	Freedom and Operation Enduring Freedom license plates for
150	qualified military personnel; amending s. 320.27, F.S.;
151	revising motor vehicle dealer licensing requirements;
152	revising certain training provisions; correcting
153	terminology; correcting a cross-reference; providing for
154	denial, suspension, or revocation of a license for failure
155	to register a mobile home salesperson; amending s.
156	320.405, F.S.; authorizing the department to enter into
157	agreements to schedule payments to settle certain
158	liabilities under the International Registration Plan;
159	amending s. 320.77, F.S.; revising mobile home dealer
160	license requirements; defining "mobile home salesperson";
161	requiring licensees to register salespersons; providing
162	registration criteria and procedures; requiring the
163	licensee to report salesperson separation from employment
164	to the department; amending s. 320.781, F.S.; revising
165	criteria for use of funds in the Mobile Home and
166	Recreational Vehicle Protection Trust Fund to settle a
167	judgment or claim against a mobile home or recreational
168	vehicle dealer or broker for damages, restitution, or
169	expenses; revising conditions for filing a claim and for
170	receiving payment; revising application provisions;
171	amending s. 320.8325, F.S.; requiring that modular homes
172	be allowed to be sited wherever mobile homes are allowed;
173	amending s. 322.01, F.S.; revising the definition of
174	"driver's license"; defining "identification card,"
175	"temporary driver's license," and "temporary
176	identification card"; amending s. 322.05, F.S.; revising
177	requirements for a person who has not attained 18 years of
178	age to be issued a driver license; amending s. 322.051,
179	F.S.; revising the age requirement for issuance of an
180	identification card; revising criteria for proof of the
181	identity and status of an applicant for an identification
182	card; revising the period of issuance for certain
183	temporary identification cards; amending s. 322.08, F.S.;
184	revising criteria for proof of the identity and status of
185	an applicant for a driver license; revising the period of
186	issuance for certain temporary driver licenses or permits;
187	amending s. 322.12, F.S.; requiring all first-time
188	applicants for licensure to operate a motorcycle to
189	provide proof of completion of a motorcycle safety course;
190	amending s. 322.121, F.S.; revising periodic license
191	examination requirements; providing for such testing of
192	applicants for renewal of a license under provisions
193	requiring an endorsement permitting the applicant to
194	operate a tank vehicle transporting hazardous materials;
195	amending s. 322.2615, F.S.; revising provisions for
196	suspension of driver licenses and review of suspension by
197	the department; revising procedures; revising terms of
198	suspension; revising validity of temporary permit issued;
199	revising criteria for notice of the suspension; revising
200	requirements for information provided by the officer to
201	the department; providing that certain materials shall be
202	considered self-authenticating and available to a hearing
203	officer; revising authority of the hearing officer to
204	subpoena and question witnesses; revising provisions for
205	review of the suspension; removing provision for the
206	department and the person arrested to subpoena witnesses;
207	revising provisions for the scope of a review of the
208	suspension; revising duties of the department upon a
209	determination by the hearing officer; revising provisions
210	for issuance of a license for business or employment
211	purposes only; providing for appeal by a law enforcement
212	agency of a department decision invalidating a suspension;
213	providing that the court review may not be used in a trial
214	for driving under the influence; amending s. 322.27, F.S.;
215	providing for an increase in driver license points
216	assessed for certain speed limit violations and for
217	traffic control signal device violations resulting in a
218	crash; defining "conviction" for specified purposes;
219	providing effective dates.
220
221	Be It Enacted by the Legislature of the State of Florida:
222
223	Section 1.  Section 207.008, Florida Statutes, is amended
224	to read:
225	207.008  Retention of records by motor carrier.--Each
226	registered motor carrier shall maintain and keep pertinent
227	records and papers as may be required by the department for the
228	reasonable administration of this chapter and shall preserve the
229	records upon which each quarterly tax return is based for 4
230	years after the due date or filing date of the return, whichever
231	is later such records as long as required by s. 213.35.
232	Section 2.  Section 207.021, Florida Statutes, is amended
233	to read:
234	207.021  Informal conferences; settlement or compromise of
235	taxes, penalties, or interest.--The department may settle or
236	compromise, pursuant to s. 213.21, penalties or interest imposed
237	under this chapter.
238	(1)(a)  The department may adopt rules pursuant to ss.
239	120.536(1) and 120.54 for establishing informal conferences to
240	resolve disputes arising from the assessment of taxes,
241	penalties, or interest or the denial of refunds.
242	(b)  During any proceeding arising under this section, the
243	motor carrier has the right to be represented at and record all
244	proceedings at the motor carrier's expense.
245	(2)(a)  The executive director of the department or his or
246	her designee is authorized to enter into closing agreements with
247	any taxpayer settling or compromising the taxpayer's liability
248	for any tax, interest, or penalty assessed under this chapter.
249	The agreement shall be in writing and must be in the form of a
250	closing agreement approved by the department and signed by the
251	executive director or his or her designee. The agreement shall
252	be final and conclusive except upon a showing of material fraud
253	or misrepresentation of material fact. No additional assessment
254	may be made by the department against the taxpayer for the tax,
255	interest, or penalty specified in the closing agreement for the
256	time specified in the closing agreement, and the taxpayer shall
257	not be entitled to institute any judicial or administrative
258	proceeding to recover any tax, interest, or penalty paid
259	pursuant to the closing agreement. The executive director or his
260	or her designee is authorized to approve any such closing
261	agreement.
262	(b)  Notwithstanding the provisions of paragraph (a), for
263	the purpose of settling and compromising the liability of any
264	taxpayer for tax or interest on the grounds of doubt as to
265	liability based on the taxpayer's reasonable reliance on a
266	written determination issued by the department, the department
267	may compromise the amount of such tax or interest resulting from
268	such reasonable reliance.
269	(3)  A taxpayer's liability for any tax or interest
270	specified in this chapter may be compromised by the department
271	upon the grounds of doubt as to liability for or the ability to
272	collect such tax or interest. Doubt as to the liability of a
273	taxpayer for tax and interest exists if the taxpayer
274	demonstrates that he or she reasonably relied on a written
275	determination of the department.
276	(4)  A taxpayer's liability for any tax or interest under
277	this chapter shall be settled or compromised in whole or in part
278	whenever or to the extent allowable under the International Fuel
279	Tax Agreement Articles of Agreement.
280	(5)  A taxpayer's liability for penalties under this
281	chapter may be settled or compromised if it is determined by the
282	department that the noncompliance is due to reasonable cause and
283	not to willful negligence, willful neglect, or fraud.
284	(6)  The department is authorized to enter into agreements
285	for scheduling payments of taxes, penalties, and interest due to
286	the department as a result of audit assessments issued under
287	this chapter.
288	Section 3.  Effective July 1, 2008, section 261.10, Florida
289	Statutes, is amended to read:
290	261.10  Criteria for recreation areas and trails;
291	limitation on liability.--
292	(1)  Publicly owned or operated off-highway vehicle
293	recreation areas and trails shall be designated and maintained
294	for recreational travel by off-highway vehicles. These areas and
295	trails need not be generally suitable or maintained for normal
296	travel by conventional two-wheel-drive vehicles and should not
297	be designated as recreational footpaths. State off-highway
298	vehicle recreation areas and trails must be selected and managed
299	in accordance with this chapter.
300	(2)  State agencies, water management districts, counties,
301	and municipalities, and officers and employees thereof, that
302	provide off-highway recreation areas and trails on publicly
303	owned land shall not be liable for damage to personal property
304	or personal injury or death to any person resulting from
305	participation in the inherently dangerous risks of off-highway
306	vehicle recreation. This subsection does not limit liability
307	that would otherwise exist for an act of gross negligence by the
308	state agency, water management district, county, or
309	municipality, or officer or employee thereof, that is the
310	proximate cause of the damage, injury, or death. Nothing in this
311	subsection creates a duty of care or basis of liability for
312	death, personal injury, or damage to personal property, nor
313	shall anything in this subsection be deemed to be a waiver of
314	sovereign immunity under any circumstances.
315	Section 4.  Effective July 1, 2008, section 261.20, Florida
316	Statutes, is created to read:
317	261.20  Operation of off-highway vehicles on public lands;
318	restrictions; safety courses; required equipment; prohibited
319	acts; penalties.--
320	(1)  This section applies only to the operation of off-
321	highway vehicles on public lands.
322	(2)  Any person operating an off-highway vehicle as
323	permitted in this section who has not attained 16 years of age
324	must be supervised by an adult while operating the off-highway
325	vehicle.
326	(3)  Effective July 1, 2008, while operating an off-highway
327	vehicle, a person who has not attained 16 years of age must have
328	in his or her possession a certificate evidencing the
329	satisfactory completion of an approved off-highway vehicle
330	safety education course in this state or another jurisdiction. A
331	nonresident who has not attained 16 years of age and who is in
332	this state temporarily for a period not to exceed 30 days is
333	exempt from this subsection. Nothing contained in this chapter
334	shall prohibit an agency from requiring additional safety
335	education courses for all operators.
336	(4)(a)  The department shall approve all off-highway
337	vehicle public safety education courses required by this chapter
338	as a condition for operating on public lands.
339	(b)  An off-highway vehicle must be equipped with a spark
340	arrester that is approved by the United States Department of
341	Agriculture Forest Service, a braking system, and a muffler, all
342	in operating condition.
343	(c)  On and after July 1, 2008, off-highway vehicles
344	operating pursuant to this chapter shall be equipped with a
345	silencer or other device that limits sound emissions. Exhaust
346	noise must not exceed 96 decibels in the A-weighting scale for
347	vehicles manufactured after January 1, 1986, or 99 decibels in
348	the A-weighting scale for vehicles manufactured before January
349	1, 1986, when measured from a distance of 20 inches using test
350	procedures established by the Society of Automotive Engineers
351	under Standard J-1287. Prior to the sale to the general public
352	in this state of any new off-highway vehicle model manufactured
353	after January 1, 2008, off-highway vehicle manufacturers or
354	their agents shall provide to the department revolutions-per-
355	minute data needed to conduct the J-1287 test, where applicable.
356	(d)  An off-highway vehicle that is operated between sunset
357	and sunrise or when visibility is reduced because of rain,
358	smoke, or smog must display a lighted headlamp and taillamp
359	unless the use of such lights is prohibited by other laws, such
360	as a prohibition on the use of lights when hunting at night.
361	(e)  An off-highway vehicle that is used in certain
362	organized and sanctioned competitive events being held on a
363	closed course may be exempted by department rule from any
364	equipment requirement in this subsection.
365	(5)  It is a violation of this section:
366	(a)  To carry a passenger on an off-highway vehicle unless
367	the machine is specifically designed by the manufacturer to
368	carry an operator and a single passenger.
369	(b)  To operate an off-highway vehicle while under the
370	influence of alcohol, a controlled substance, or any
371	prescription or over-the-counter drug that impairs vision or
372	motor function.
373	(c)  For a person who has not attained 16 years of age to
374	operate an off-highway vehicle without wearing eye protection,
375	over-the-ankle boots, and a safety helmet that is approved by
376	the United States Department of Transportation or Snell Memorial
377	Foundation.
378	(d)  To operate an off-highway vehicle in a careless or
379	reckless manner that endangers or causes injury or damage to
380	another person or property.
381	(6)  Any person who violates this section commits a
382	noncriminal infraction, is subject to a fine of not less than
383	$100, and may have his or her privilege to operate an ATV on
384	public lands revoked. However, a person who commits such acts
385	with intent to defraud or who commits a second or subsequent
386	violation is subject to a fine of not less than $500 and may
387	have his or her privilege to operate an ATV on public lands
388	revoked.
389	(7)  Public land managing agencies, through the course of
390	their management activities, are exempt from the provisions of
391	paragraph (5)(a).
392	Section 5.  Subsection (43) of section 316.003, Florida
393	Statutes, is amended to read:
394	316.003  Definitions.--The following words and phrases,
395	when used in this chapter, shall have the meanings respectively
396	ascribed to them in this section, except where the context
397	otherwise requires:
398	(43)  SADDLE MOUNT; FULL MOUNT.--An arrangement whereby the
399	front wheels of one vehicle rest in a secured position upon
400	another vehicle. All of the wheels of the towing vehicle are
401	upon the ground and only the rear wheels of the towed vehicle
402	rest upon the ground. Such combinations may include one full
403	mount, whereby a smaller transport vehicle is placed completely
404	on the last towed vehicle.
405	Section 6.  Subsections (1) through (7) of section
406	316.0085, Florida Statutes, are amended to read:
407	316.0085  Skateboarding; inline skating; freestyle or
408	mountain and off-road bicycling; paintball; definitions;
409	liability.--
410	(1)  The purpose of this section is to encourage
411	governmental owners or lessees of property to make land
412	available to the public for skateboarding, inline skating,
413	paintball, and freestyle or mountain and off-road bicycling. It
414	is recognized that governmental owners or lessees of property
415	have failed to make property available for such activities
416	because of the exposure to liability from lawsuits and the
417	prohibitive cost of insurance, if insurance can be obtained for
418	such activities. It is also recognized that risks and dangers
419	are inherent in these activities, which risks and dangers should
420	be assumed by those participating in such activities.
421	(2)  As used in this section, the term:
422	(a)  "Governmental entity" means:
423	1.  The United States, the State of Florida, any county or
424	municipality, or any department, agency, or other
425	instrumentality thereof.
426	2.  Any school board, special district, authority, or other
427	entity exercising governmental authority.
428	(b)  "Inherent risk" means those dangers or conditions that
429	are characteristic of, intrinsic to, or an integral part of
430	skateboarding, inline skating, paintball, and freestyle or
431	mountain and off-road bicycling.
432	(3)  This section does not grant authority or permission
433	for a person to engage in skateboarding, inline skating,
434	paintball, or freestyle or mountain and off-road bicycling on
435	property owned or controlled by a governmental entity unless
436	such governmental entity has specifically designated such area
437	for skateboarding, inline skating, paintball, or freestyle or
438	mountain and off-road bicycling. Each governmental entity shall
439	post a rule in each specifically designated area that identifies
440	all authorized activities and indicates that a child under 17
441	years of age may not engage in any of those activities until the
442	governmental entity has obtained written consent, in a form
443	acceptable to the governmental entity, from the child's parents
444	or legal guardians.
445	(4)  A governmental entity or public employee is not liable
446	to any person who voluntarily participates in skateboarding,
447	inline skating, paintball, or freestyle or mountain and off-road
448	bicycling for any damage or injury to property or persons that
449	which arises out of a person's participation in such activity,
450	and that which takes place in an area designated for such
451	activity.
452	(5)  This section does not limit liability that would
453	otherwise exist for any of the following:
454	(a)  The failure of the governmental entity or public
455	employee to guard against or warn of a dangerous condition of
456	which a participant does not and cannot reasonably be expected
457	to have notice.
458	(b)  An act of gross negligence by the governmental entity
459	or public employee that is the proximate cause of the injury.
460	(c)  The failure of a governmental entity that provides a
461	designated area for skateboarding, inline skating, paintball, or
462	freestyle or mountain and off-road bicycling to obtain the
463	written consent, in a form acceptable to the governmental
464	entity, from the parents or legal guardians of any child under
465	17 years of age before authorizing such child to participate in
466	skateboarding, inline skating, paintball, or freestyle or
467	mountain and off-road bicycling in such designated area, unless
468	that child's participation is in violation of posted rules
469	governing the authorized use of the designated area, except that
470	a parent or legal guardian must demonstrate that written consent
471	to engage in mountain or off-road bicycling in a designated area
472	was provided to the governmental entity prior to entering the
473	designated area.
474
475	Nothing in this subsection creates a duty of care or basis of
476	liability for death, personal injury, or damage to personal
477	property. Nothing in this section shall be deemed to be a waiver
478	of sovereign immunity under any circumstances.
479	(6)  Nothing in this section shall limit the liability of
480	an independent concessionaire, or any person or organization
481	other than a governmental entity or public employee, whether or
482	not the person or organization has a contractual relationship
483	with a governmental entity to use the public property, for
484	injuries or damages suffered in any case as a result of the
485	operation of skateboards, inline skates, paintball equipment, or
486	freestyle or mountain and off-road bicycles on public property
487	by the concessionaire, person, or organization.
488	(7)(a)  Any person who participates in or assists in
489	skateboarding, inline skating, paintball, or freestyle or
490	mountain and off-road bicycling assumes the known and unknown
491	inherent risks in these activities irrespective of age, and is
492	legally responsible for all damages, injury, or death to himself
493	or herself or other persons or property that results which
494	result from these activities. Any person who observes
495	skateboarding, inline skating, paintball, or freestyle or
496	mountain and off-road bicycling assumes the known and unknown
497	inherent risks in these activities irrespective of age, and is
498	legally responsible for all damages, injury, or death to himself
499	or herself that results which result from these activities. A
500	governmental entity that sponsors, allows, or permits
501	skateboarding, inline skating, paintball, or freestyle or
502	mountain and off-road bicycling on its property is not required
503	to eliminate, alter, or control the inherent risks in these
504	activities.
505	(b)  While engaged in skateboarding, inline skating,
506	paintball, or freestyle or mountain and off-road bicycling,
507	irrespective of where such activities occur, a participant is
508	responsible for doing all of the following:
509	1.  Acting within the limits of his or her ability and the
510	purpose and design of the equipment used.
511	2.  Maintaining control of his or her person and the
512	equipment used.
513	3.  Refraining from acting in any manner that which may
514	cause or contribute to death or injury of himself or herself, or
515	other persons.
516
517	Failure to comply with the requirements of this paragraph shall
518	constitute negligence.
519	Section 7.  Paragraphs (b) and (c) of subsection (2) of
520	section 316.1001, Florida Statutes, are amended to read:
521	316.1001  Payment of toll on toll facilities required;
522	penalties.--
523	(2)
524	(b)  A citation issued under this subsection may be issued
525	by mailing the citation by first class mail, or by certified
526	mail, return receipt requested, to the address of the registered
527	owner of the motor vehicle involved in the violation or, if a
528	leased motor vehicle is involved in the violation and is
529	registered in the name of the lessee, to the address of the
530	registered lessee of such motor vehicle. Mailing the citation to
531	this address constitutes notification. In the case of joint
532	ownership of a motor vehicle, the traffic citation must be
533	mailed to the first name appearing on the registration, unless
534	the first name appearing on the registration is a business
535	organization, in which case the second name appearing on the
536	registration may be used. In the case of a motor vehicle jointly
537	leased and registered in the names of the joint lessees, the
538	traffic citation must be mailed to the first name appearing on
539	the registration, unless the first name appearing on the
540	registration is a business organization, in which case the
541	second name appearing on the registration may be used. A
542	citation issued under this paragraph must be mailed to the
543	registered owner of the motor vehicle involved in the violation
544	or, if a leased motor vehicle is involved in the violation and
545	is registered in the name of the lessee, to the registered
546	lessee of such motor vehicle within 14 days after the date of
547	issuance of the violation. In addition to the citation,
548	notification must be sent to the registered owner of the motor
549	vehicle involved in the violation specifying remedies available
550	under ss. 318.14(12) and 318.18(7) must be sent to the
551	registered owner of the motor vehicle involved in the violation
552	or, if a leased motor vehicle is involved in the violation and
553	is registered in the name of the lessee, to the registered
554	lessee of such motor vehicle.
555	(c)  The owner of the motor vehicle involved in the
556	violation is responsible and liable for payment of a citation
557	issued for failure to pay a toll, unless the owner can establish
558	the motor vehicle was, at the time of the violation, in the
559	care, custody, or control of another person. In order to
560	establish such facts, the owner of the motor vehicle is
561	required, within 14 days after the date of issuance of the
562	citation, to furnish to the appropriate governmental entity an
563	affidavit setting forth:
564	1.  The name, address, date of birth, and, if known, the
565	driver license number of the person who leased, rented, or
566	otherwise had the care, custody, or control of the motor vehicle
567	at the time of the alleged violation; or
568	2.  If stolen, the police report indicating that the
569	vehicle was stolen at the time of the alleged violation.
570
571	Upon receipt of an affidavit the person designated as having
572	care, custody, and control of the motor vehicle at the time of
573	the violation may be issued a citation for failure to pay a
574	required toll. The affidavit shall be admissible in a proceeding
575	pursuant to this section for the purpose of providing that the
576	person identified in the affidavit was in actual care, custody,
577	or control of the motor vehicle. The owner of a leased vehicle
578	for which a citation is issued for failure to pay a toll is not
579	responsible for payment of the citation and is not required to
580	submit an affidavit as specified in this subsection if the motor
581	vehicle involved in the violation is registered in the name of
582	the lessee of such motor vehicle.
583	Section 8.  Paragraph (b) of subsection (1) of section
584	316.1955, Florida Statutes, is amended to read:
585	316.1955  Enforcement of parking requirements for persons
586	who have disabilities.--
587	(1)  It is unlawful for any person to stop, stand, or park
588	a vehicle within, or to obstruct, any such specially designated
589	and marked parking space provided in accordance with s.
590	553.5041, unless the vehicle displays a disabled parking permit
591	issued under s. 316.1958 or s. 320.0848 or a license plate
592	issued under s. 320.084, s. 320.0842, s. 320.0843, or s.
593	320.0845, and the vehicle is transporting the person to whom the
594	displayed permit is issued. The violation may not be dismissed
595	for failure of the marking on the parking space to comply with
596	s. 553.5041 if the space is in general compliance and is clearly
597	distinguishable as a designated accessible parking space for
598	people who have disabilities. Only a warning may be issued for
599	unlawfully parking in a space designated for persons with
600	disabilities if there is no above-grade sign as provided in s.
601	553.5041.
602	(b)  The officer or specialist shall charge the operator or
603	other person in charge of the vehicle in violation with a
604	noncriminal traffic infraction, punishable as provided in s.
605	316.008(4) or s. 318.18(6). The owner of a leased vehicle shall
606	not be responsible for a violation of this section if the
607	vehicle is registered in the name of the lessee.
608	Section 9.  Section 316.2015, Florida Statutes, is amended
609	to read:
610	316.2015  Unlawful for person to ride on exterior of
611	vehicle.--
612	(1)  It is unlawful for any operator of a passenger vehicle
613	to permit any person to ride on the bumper, radiator, fender,
614	hood, top, trunk, or running board of such vehicle when operated
615	upon any street or highway that which is maintained by the
616	state, a county, or a municipality. However, the operator of any
617	vehicle shall not be in violation of this section when such
618	operator permits any person to occupy seats securely affixed to
619	the exterior of such vehicle. Any person who violates the
620	provisions of this subsection shall be cited for a moving
621	violation, punishable as provided in chapter 318.
622	(2)(a)  No person shall ride on any vehicle upon any
623	portion thereof not designed or intended for the use of
624	passengers. This paragraph does not apply to an employee of a
625	fire department, an employee of a governmentally operated solid
626	waste disposal department or a waste disposal service operating
627	pursuant to a contract with a governmental entity, or to a
628	volunteer firefighter when the employee or firefighter is
629	engaged in the necessary discharge of a duty and does not apply
630	to a person who is being transported in response to an emergency
631	by a public agency or pursuant to the direction or authority of
632	a public agency. This provision shall not apply to an employee
633	engaged in the necessary discharge of a duty or to a person or
634	persons riding within truck bodies in space intended for
635	merchandise. Any person who violates the provisions of this
636	paragraph subsection shall be cited for a nonmoving violation,
637	punishable as provided in chapter 318.
638	(b)  It is unlawful for any operator of a pickup truck or
639	flatbed truck to permit a minor child who has not attained 18
640	years of age to ride upon limited access facilities of the state
641	within the open body of a pickup truck or flatbed truck unless
642	the minor is restrained within the open body in the back of a
643	truck that has been modified to include secure seating and
644	safety restraints that would prevent the minor from being
645	thrown, falling, or jumping from the truck. This paragraph does
646	not apply in a medical emergency if the child is accompanied
647	within the truck by an adult. This paragraph does not apply in a
648	county if the governing body of the county, by majority vote,
649	following a duly noticed public hearing, votes to exempt the
650	county from this paragraph. Any person who violates this
651	paragraph shall be cited for a nonmoving violation, punishable
652	as provided in chapter 318.
653	(3)  This section shall not apply to a performer engaged in
654	a professional exhibition or person participating in an
655	exhibition or parade, or any such person preparing to
656	participate in such exhibitions or parades.
657	Section 10.  Subsection (1) of section 316.2095, Florida
658	Statutes, is amended to read:
659	316.2095  Footrests, handholds, and handlebars.--
660	(1)  Any motorcycle carrying a passenger, other than in a
661	sidecar or enclosed cab, shall be equipped with footrests and
662	handholds for such passenger.
663	Section 11.  Effective January 1, 2007, subsection (6) of
664	section 316.211, Florida Statutes, is renumbered as subsection
665	(7), and a new subsection (6) is added to that section, to read:
666	316.211  Equipment for motorcycle and moped riders.--
667	(6)  Motorcycles registered to persons who have not
668	attained 21 years of age shall display a license plate that is
669	unique in design and color.
670	(7)(6)  A violation of this section is a noncriminal
671	traffic infraction, punishable as a nonmoving violation as
672	provided in chapter 318.
673	Section 12.  Section 316.2123, Florida Statutes, is created
674	to read:
675	316.2123  Operation of an ATV on certain roadways.--The
676	operation of an ATV as defined in s. 317.0003 upon the public
677	roads or streets of this state is prohibited, except that an ATV
678	may be operated during the daytime on an unpaved roadway where
679	the posted speed limit is less than 35 miles per hour by a
680	licensed driver or by a minor under the supervision of a
681	licensed driver. When operating on an unpaved roadway, the ATV
682	must be equipped with working headlamps and taillamps. The
683	operator must provide proof of ownership pursuant to chapter 317
684	upon request by a law enforcement officer. A county or
685	municipality may adopt an ordinance that prohibits the operation
686	of an ATV on unpaved public roads or streets notwithstanding the
687	authorization of this section. Notice of such an ordinance shall
688	be given to the public by appropriate signage on the roads or
689	streets affected by the local ordinance.
690	Section 13.  Subsection (3) is added to section 316.2125,
691	Florida Statutes, to read:
692	316.2125  Operation of golf carts within a retirement
693	community.--
694	(3)  A local governmental entity may enact an ordinance
695	regarding golf cart operation and equipment that is more
696	restrictive than those enumerated in this section. Upon
697	enactment of any such ordinance, the local governmental entity
698	shall post appropriate signs or otherwise inform the residents
699	that such an ordinance exists and that it shall be enforced
700	within the local government's jurisdictional territory. An
701	ordinance referred to in this section must apply only to an
702	unlicensed driver.
703	Section 14.  Section 316.2128, Florida Statutes, is created
704	to read:
705	316.2128  Motorized scooters and miniature motorcycles;
706	disclosure requirements for sale.--A person who engages in the
707	business or serves in the capacity of, or acts as, a commercial
708	seller of motorized scooters as defined in s. 316.003(82) or
709	miniature motorcycles in this state must comply with this
710	section. Each such person shall prominently display at his or
711	her place of business a notice that such vehicles are not legal
712	to operate on public roads or sidewalks and may not be
713	registered as motor vehicles. The required notice must also
714	appear in all forms of advertising offering motorized scooters
715	or miniature motorcycles for sale. The notice and a copy of this
716	section must also be provided to a consumer prior to the
717	consumer's purchasing or becoming obligated to purchase a
718	motorized scooter or a miniature motorcycle. For purposes of
719	this section, "miniature motorcycle" means any vehicle that has
720	a seat or saddle for the use of the rider, is designed to travel
721	on not more than three wheels in contact with the ground, and,
722	because of its small size, design, or lack of required safety
723	equipment or other noncompliance with federal regulations, is
724	not eligible for a manufacturer's certificate of origin or for
725	registration as a motorcycle pursuant to chapter 320. Any person
726	selling or offering a motorized scooter or a miniature
727	motorcycle for sale in violation of this section commits an
728	unfair and deceptive trade practice as defined in part II of
729	chapter 501. This section does not apply to motorcycles as
730	defined in chapter 316 or to off-highway vehicles as defined in
731	chapter 317.
732	Section 15.  Subsection (2) of section 316.221, Florida
733	Statutes, is amended to read:
734	316.221  Taillamps.--
735	(2)  Either a taillamp or a separate lamp shall be so
736	constructed and placed as to illuminate with a white light the
737	rear registration plate and render it clearly legible from a
738	distance of 50 feet to the rear. Any taillamp or taillamps,
739	together with any separate lamp or lamps for illuminating the
740	rear registration plate, shall be so wired as to be lighted
741	whenever the headlamps or auxiliary driving lamps are lighted.
742	Dump trucks and vehicles with dump bodies are exempt from the
743	requirements of this subsection.
744	Section 16.  Paragraph (b) of subsection (1), paragraphs
745	(b), (c), (d), (f), and (i) of subsection (2), and subsection
746	(3) of section 316.302, Florida Statutes, are amended to read:
747	316.302  Commercial motor vehicles; safety regulations;
748	transporters and shippers of hazardous materials; enforcement.--
749	(1)
750	(b)  Except as otherwise provided in this section, all
751	owners or drivers of commercial motor vehicles that are engaged
752	in intrastate commerce are subject to the rules and regulations
753	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
754	exception of 49 C.F.R. s. 390.5 as it relates to the definition
755	of bus, as such rules and regulations existed on October 1, 2005
756	2004.
757	(2)
758	(b)  Except as provided in 49 C.F.R. s. 395.1, a person who
759	operates a commercial motor vehicle solely in intrastate
760	commerce not transporting any hazardous material in amounts that
761	require placarding pursuant to 49 C.F.R. part 172 may not drive:
762	1.  More than 12 hours following 10 consecutive hours off
763	duty; or
764	2.  For any period after the end of the 16th hour after
765	coming on duty following 10 consecutive hours off duty is exempt
766	from 49 C.F.R. s. 395.3(a) and (b) and may, after 8 hours' rest,
767	and following the required initial motor vehicle inspection, be
768	permitted to drive any part of the first 15 on-duty hours in any
769	24-hour period, but may not be permitted to operate a commercial
770	motor vehicle after that until the requirement of another 8
771	hours' rest has been fulfilled.
772
773	The provisions of this paragraph do not apply to drivers of
774	utility service vehicles as defined in 49 C.F.R. s. 395.2 public
775	utility vehicles or authorized emergency vehicles during periods
776	of severe weather or other emergencies.
777	(c)  Except as provided in 49 C.F.R. s. 395.1, a person who
778	operates a commercial motor vehicle solely in intrastate
779	commerce not transporting any hazardous material in amounts that
780	require placarding pursuant to 49 C.F.R. part 172 may not drive
781	after having been on duty more than 70 hours in any period of 7
782	consecutive days or more than 80 hours in any period of 8
783	consecutive days if the motor carrier operates every day of the
784	week. Thirty-four be on duty more than 72 hours in any period of
785	7 consecutive days, but carriers operating every day in a week
786	may permit drivers to remain on duty for a total of not more
787	than 84 hours in any period of 8 consecutive days; however, 24
788	consecutive hours off duty shall constitute the end of any such
789	period of 7 or 8 consecutive days. This weekly limit does not
790	apply to a person who operates a commercial motor vehicle solely
791	within this state while transporting, during harvest periods,
792	any unprocessed agricultural products or unprocessed food or
793	fiber that is are subject to seasonal harvesting from place of
794	harvest to the first place of processing or storage or from
795	place of harvest directly to market or while transporting
796	livestock, livestock feed, or farm supplies directly related to
797	growing or harvesting agricultural products. Upon request of the
798	Department of Transportation, motor carriers shall furnish time
799	records or other written verification to that department so that
800	the Department of Transportation can determine compliance with
801	this subsection. These time records must be furnished to the
802	Department of Transportation within 2 10 days after receipt of
803	that department's request. Falsification of such information is
804	subject to a civil penalty not to exceed $100. The provisions of
805	this paragraph do not apply to drivers of public utility service
806	vehicles as defined in 49 C.F.R. s. 395.2 or authorized
807	emergency vehicles during periods of severe weather or other
808	emergencies.
809	(d)  A person who operates a commercial motor vehicle
810	solely in intrastate commerce not transporting any hazardous
811	material in amounts that require placarding pursuant to 49
812	C.F.R. part 172 within a 150 200 air-mile radius of the location
813	where the vehicle is based need not comply with 49 C.F.R. s.
814	395.8, provided the requirements of 49 C.F.R. s.
815	395.1(e)(1)(iii) and (v) are met. If a driver is not released
816	from duty within 12 hours after the driver arrives for duty, the
817	motor carrier must maintain documentation of the driver's
818	driving times throughout the duty period except that time
819	records shall be maintained as prescribed in 49 C.F.R. s.
820	395.1(e)(5).
821	(f)  A person who operates a commercial motor vehicle
822	having a declared gross vehicle weight of less than 26,001
823	26,000 pounds solely in intrastate commerce and who is not
824	transporting hazardous materials in amounts that require
825	placarding pursuant to 49 C.F.R. part 172, or who is
826	transporting petroleum products as defined in s. 376.301, is
827	exempt from subsection (1). However, such person must comply
828	with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.
829	396.3(a)(1) and 396.9.
830	(i)  A person who was a regularly employed driver of a
831	commercial motor vehicle on July 4, 1987, and whose driving
832	record shows no traffic convictions, pursuant to s. 322.61,
833	during the 2-year period immediately preceding the application
834	for the commercial driver's license, and who is otherwise
835	qualified as a driver under 49 C.F.R. part 391, and who operates
836	a commercial vehicle in intrastate commerce only, shall be
837	exempt from the requirements of 49 C.F.R. part 391, subpart E,
838	s. 391.41(b)(10). However, such operators are still subject to
839	the requirements of ss. 322.12 and 322.121. As proof of
840	eligibility, such driver shall have in his or her possession a
841	physical examination form dated within the past 24 months.
842	(3)  A person who has not attained under the age of 18
843	years of age may not operate a commercial motor vehicle, except
844	that a person who has not attained under the age of 18 years of
845	age may operate a commercial motor vehicle that which has a
846	gross vehicle weight of less than 26,001 26,000 pounds while
847	transporting agricultural products, including horticultural or
848	forestry products, from farm or harvest place to storage or
849	market.
850	Section 17.  Subsections (5) and (10) of section 316.515,
851	Florida Statutes, are amended to read:
852	316.515  Maximum width, height, length.--
853	(5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,
854	FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.--
855	(a)  Notwithstanding any other provisions of law, straight
856	trucks, agricultural tractors, and cotton module movers, not
857	exceeding 50 feet in length, or any combination of up to and
858	including three implements of husbandry including the towing
859	power unit, and any single agricultural trailer with a load
860	thereon or any agricultural implements attached to a towing
861	power unit not exceeding 130 inches in width, or a self-
862	propelled agricultural implement or an agricultural tractor not
863	exceeding 130 inches in width, is authorized for the purpose of
864	transporting peanuts, grains, soybeans, cotton, hay, straw, or
865	other perishable farm products from their point of production to
866	the first point of change of custody or of long-term storage,
867	and for the purpose of returning to such point of production, or
868	for the purpose of moving such tractors, movers, and implements
869	from one point of agricultural production to another, by a
870	person engaged in the production of any such product or custom
871	hauler, if such vehicle or combination of vehicles otherwise
872	complies with this section. The Department of Transportation may
873	issue overwidth permits for implements of husbandry greater than
874	130 inches, but not more than 170 inches, in width. Such
875	vehicles shall be operated in accordance with all safety
876	requirements prescribed by law and Department of Transportation
877	rules. The Department of Transportation may issue overlength
878	permits for cotton module movers greater than 50 feet but not
879	more than 55 feet in overall length. Such vehicles shall be
880	operated in accordance with all safety requirements prescribed
881	by law and Department of Transportation rules.
882	(b)  Notwithstanding any other provisions of law, equipment
883	not exceeding 136 inches in width and not capable of speeds
884	exceeding 20 miles per hour that is used exclusively for the
885	purpose of harvesting forestry products is authorized for the
886	purpose of transporting the equipment from one point of harvest
887	to another point of harvest, not to exceed 10 miles, by a person
888	engaged in the harvesting of forestry products. Such vehicles
889	shall be operated during daylight hours only in accordance with
890	all safety requirements prescribed by s. 316.2295(5) and (6).
891	(10)  AUTOMOBILE TOWAWAY AND DRIVEAWAY OPERATIONS.--An
892	automobile towaway or driveaway operation transporting new or
893	used trucks may use what is known to the trade as "saddle
894	mounts," if the overall length does not exceed 97 75 feet and no
895	more than three saddle mounts are towed. Such combinations may
896	include one full mount. Saddle mount combinations must also
897	comply with the applicable safety regulations in 49 C.F.R. s.
898	393.71.
899	Section 18.  Subsection (9) of section 318.14, Florida
900	Statutes, is amended to read:
901	318.14  Noncriminal traffic infractions; exception;
902	procedures.--
903	(9)  Any person who does not hold a commercial driver's
904	license and who is cited for an infraction under this section
905	other than a violation of s. 316.183(2), s. 316.187, or s.
906	316.189, when the driver exceeds the posted limit by 30 miles
907	per hour or more, or s. 320.0605, s. 320.07(3)(a) or (b), s.
908	322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a
909	court appearance, elect to attend in the location of his or her
910	choice within this state a basic driver improvement course
911	approved by the Department of Highway Safety and Motor Vehicles.
912	In such a case, adjudication must be withheld; points, as
913	provided by s. 322.27, may not be assessed; and the civil
914	penalty that is imposed by s. 318.18(3) must be reduced by 18
915	percent; however, a person may not make an election under this
916	subsection if the person has made an election under this
917	subsection in the preceding 12 months. A person may make no more
918	than five elections under this subsection. The requirement for
919	community service under s. 318.18(8) is not waived by a plea of
920	nolo contendere or by the withholding of adjudication of guilt
921	by a court.
922	Section 19.  Paragraph (f) is added to subsection (1) of
923	section 318.143, Florida Statutes, to read:
924	318.143  Sanctions for infractions by minors.--
925	(1)  If the court finds that a minor has committed a
926	violation of any of the provisions of chapter 316, the court may
927	also impose one or more of the following sanctions:
928	(f)  The court may require the minor and his or her parents
929	or guardian to participate in a registered youthful driver
930	monitoring service as described in s. 318.1435.
931	Section 20.  Section 318.1435, Florida Statutes, is created
932	to read:
933	318.1435  Youthful driver monitoring services.--
934	(1)  As used in this section, the term "youthful driver
935	monitoring service" means an entity that enables parents or
936	guardians to monitor the driving performance of their minor
937	children. The service may provide monitoring by posting on a
938	vehicle a placard that shows a toll-free telephone number and a
939	unique identifying number and includes a request to members of
940	the public to call the toll-free telephone number to report
941	inappropriate driving practices. The service shall enter into a
942	contract with the parents or guardians under which the service
943	shall timely forward to the parents or guardians all reports of
944	inappropriate driving practices by the minor child.
945	(2)  A youthful driver monitoring service may register with
946	the Department of Highway Safety and Motor Vehicles. The
947	registration must consist of a narrative description of the
948	services offered by the youthful driver monitoring service, the
949	name of the manager in charge of the service, the address of the
950	service, and the telephone number of the service. Registration
951	under this subsection remains valid indefinitely, but it is the
952	responsibility of the youthful driver monitoring service to
953	timely file a revised registration statement to reflect any
954	changes in the required information. If the department
955	determines that the youthful driver monitoring service is not
956	providing the services described in the narrative statement, the
957	department may suspend the registration; however, the department
958	must reinstate the registration when the service files a revised
959	statement that reflects its actual provided services.
960	Section 21.  Section 318.18, Florida Statutes, is amended
961	to read:
962	318.18  Amount of civil penalties.--The penalties required
963	for a noncriminal disposition pursuant to s. 318.14 or a
964	criminal offense listed in s. 318.17 are as follows:
965	(1)  Fifteen dollars for:
966	(a)  All infractions of pedestrian regulations.
967	(b)  All infractions of s. 316.2065, unless otherwise
968	specified.
969	(c)  Other violations of chapter 316 by persons 14 years of
970	age or under who are operating bicycles, regardless of the
971	noncriminal traffic infraction's classification.
972	(2)  Thirty dollars for all nonmoving traffic violations
973	and:
974	(a)  For all violations of s. 322.19.
975	(b)  For all violations of ss. 320.0605, 320.07(1),
976	322.065, and 322.15(1). Any person who is cited for a violation
977	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
978	320.07(4).
979	1.  If a person who is cited for a violation of s. 320.0605
980	or s. 320.07 can show proof of having a valid registration at
981	the time of arrest, the clerk of the court may dismiss the case
982	and may assess a dismissal fee of up to $7.50. A person who
983	finds it impossible or impractical to obtain a valid
984	registration certificate must submit an affidavit detailing the
985	reasons for the impossibility or impracticality. The reasons may
986	include, but are not limited to, the fact that the vehicle was
987	sold, stolen, or destroyed; that the state in which the vehicle
988	is registered does not issue a certificate of registration; or
989	that the vehicle is owned by another person.
990	2.  If a person who is cited for a violation of s. 322.03,
991	s. 322.065, or s. 322.15 can show a driver's license issued to
992	him or her and valid at the time of arrest, the clerk of the
993	court may dismiss the case and may assess a dismissal fee of up
994	to $7.50.
995	3.  If a person who is cited for a violation of s. 316.646
996	can show proof of security as required by s. 627.733, issued to
997	the person and valid at the time of arrest, the clerk of the
998	court may dismiss the case and may assess a dismissal fee of up
999	to $7.50. A person who finds it impossible or impractical to
1000	obtain proof of security must submit an affidavit detailing the
1001	reasons for the impracticality. The reasons may include, but are
1002	not limited to, the fact that the vehicle has since been sold,
1003	stolen, or destroyed; that the owner or registrant of the
1004	vehicle is not required by s. 627.733 to maintain personal
1005	injury protection insurance; or that the vehicle is owned by
1006	another person.
1007	(c)  For all violations of ss. 316.2935 and 316.610.
1008	However, for a violation of s. 316.2935 or s. 316.610, if the
1009	person committing the violation corrects the defect and obtains
1010	proof of such timely repair by an affidavit of compliance
1011	executed by the law enforcement agency within 30 days from the
1012	date upon which the traffic citation was issued, and pays $4 to
1013	the law enforcement agency, thereby completing the affidavit of
1014	compliance, then upon presentation of said affidavit by the
1015	defendant to the clerk within the 30-day time period set forth
1016	under s. 318.14(4), the fine must be reduced to $7.50, which the
1017	clerk of the court shall retain.
1018	(d)  For all violations of s. 316.126(1)(b), unless
1019	otherwise specified.
1020	(3)(a)  Except as otherwise provided in this section, $60
1021	for all moving violations not requiring a mandatory appearance.
1022	(b)  For moving violations involving unlawful speed, the
1023	fines are as follows:
1024
1025	For speed exceeding the limit by:     Fine:
1026	1-5 m.p.h.     Warning
1027	6-9 m.p.h.     $ 25
1028	10-14 m.p.h.     $100
1029	15-19 m.p.h.     $125
1030	20-29 m.p.h.     $150
1031	30 m.p.h. and above.     $250
1032	(c)  Notwithstanding paragraph (b), a person cited for
1033	exceeding the speed limit by up to 5 m.p.h. in a legally posted
1034	school zone will be fined $50. A person exceeding the speed
1035	limit in a school zone shall pay a fine double the amount listed
1036	in paragraph (b).
1037	(d)  A person cited for exceeding the speed limit in a
1038	posted construction zone shall pay a fine double the amount
1039	listed in paragraph (b). The fine shall be doubled for
1040	construction zone violations only if construction personnel are
1041	present or operating equipment on the road or immediately
1042	adjacent to the road under construction.
1043	(e)  If a violation of s. 316.1301 or s. 316.1303 results
1044	in an injury to the pedestrian or damage to the property of the
1045	pedestrian, an additional fine of up to $250 shall be paid. This
1046	amount must be distributed pursuant to s. 318.21.
1047	(f)  A person cited for exceeding the speed limit within a
1048	zone posted for any electronic or manual toll collection
1049	facility shall pay a fine double the amount listed in paragraph
1050	(b). However, no person cited for exceeding the speed limit in
1051	any toll collection zone shall be subject to a doubled fine
1052	unless the governmental entity or authority controlling the toll
1053	collection zone first installs a traffic control device
1054	providing warning that speeding fines are doubled. Any such
1055	traffic control device must meet the requirements of the uniform
1056	system of traffic control devices.
1057	(g)  A person cited for a second or subsequent violation of
1058	exceeding the speed limit by 30 miles per hour and above within
1059	a 12-month period shall pay a fine double the amount listed in
1060	paragraph (b). For purposes of this paragraph, the term
1061	"conviction" means a finding of guilt, with or without
1062	adjudication of guilt, as a result of a jury verdict, nonjury
1063	trial, or entry of a plea of guilty or nolo contendere,
1064	notwithstanding s. 318.14(11).
1065	(4)  The penalty imposed under s. 316.545 shall be
1066	determined by the officer in accordance with the provisions of
1067	ss. 316.535 and 316.545.
1068	(5)(a)  One hundred dollars for a violation of s.
1069	316.172(1)(a), failure to stop for a school bus. If, at a
1070	hearing, the alleged offender is found to have committed this
1071	offense, the court shall impose a minimum civil penalty of $100.
1072	In addition to this penalty, for a second or subsequent offense
1073	within a period of 5 years, the department shall suspend the
1074	driver's license of the person for not less than 90 days and not
1075	more than 6 months.
1076	(b)  Two hundred dollars for a violation of s.
1077	316.172(1)(b), passing a school bus on the side that children
1078	enter and exit when the school bus displays a stop signal. If,
1079	at a hearing, the alleged offender is found to have committed
1080	this offense, the court shall impose a minimum civil penalty of
1081	$200. In addition to this penalty, for a second or subsequent
1082	offense within a period of 5 years, the department shall suspend
1083	the driver's license of the person for not less than 180 days
1084	and not more than 1 year.
1085	(6)  One hundred dollars or the fine amount designated by
1086	county ordinance, plus court costs for illegally parking, under
1087	s. 316.1955, in a parking space provided for people who have
1088	disabilities. However, this fine will be waived if a person
1089	provides to the law enforcement agency that issued the citation
1090	for such a violation proof that the person committing the
1091	violation has a valid parking permit or license plate issued
1092	pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
1093	or s. 320.0848 or a signed affidavit that the owner of the
1094	disabled parking permit or license plate was present at the time
1095	the violation occurred, and that such a parking permit or
1096	license plate was valid at the time the violation occurred. The
1097	law enforcement officer, upon determining that all required
1098	documentation has been submitted verifying that the required
1099	parking permit or license plate was valid at the time of the
1100	violation, must sign an affidavit of compliance. Upon provision
1101	of the affidavit of compliance and payment of a dismissal fee of
1102	up to $7.50 to the clerk of the circuit court, the clerk shall
1103	dismiss the citation.
1104	(7)  One hundred dollars for a violation of s. 316.1001.
1105	However, a person may elect to pay $30 to the clerk of the
1106	court, in which case adjudication is withheld, and no points are
1107	assessed under s. 322.27. Upon receipt of the fine, the clerk of
1108	the court must retain $5 for administrative purposes and must
1109	forward the $25 to the governmental entity that issued the
1110	citation. Any funds received by a governmental entity for this
1111	violation may be used for any lawful purpose related to the
1112	operation or maintenance of a toll facility.
1113	(8)(a)  Any person who fails to comply with the court's
1114	requirements or who fails to pay the civil penalties specified
1115	in this section within the 30-day period provided for in s.
1116	318.14 must pay an additional civil penalty of $12, $2.50 of
1117	which must be remitted to the Department of Revenue for deposit
1118	in the General Revenue Fund, and $9.50 of which must be remitted
1119	to the Department of Revenue for deposit in the Highway Safety
1120	Operating Trust Fund. The department shall contract with the
1121	Florida Association of Court Clerks, Inc., to design, establish,
1122	operate, upgrade, and maintain an automated statewide Uniform
1123	Traffic Citation Accounting System to be operated by the clerks
1124	of the court that which shall include, but not be limited to,
1125	the accounting for traffic infractions by type, a record of the
1126	disposition of the citations, and an accounting system for the
1127	fines assessed and the subsequent fine amounts paid to the
1128	clerks of the court. On or before December 1, 2001, the clerks
1129	of the court must provide the information required by this
1130	chapter to be transmitted to the department by electronic
1131	transmission pursuant to the contract.
1132	(b)  Any person who fails to comply with the court's
1133	requirements as to civil penalties specified in this section due
1134	to demonstrable financial hardship shall be authorized to
1135	satisfy such civil penalties by public works or community
1136	service. Each hour of such service shall be applied, at the rate
1137	of the minimum wage, toward payment of the person's civil
1138	penalties; provided, however, that if the person has a trade or
1139	profession for which there is a community service need and
1140	application, the rate for each hour of such service shall be the
1141	average standard wage for such trade or profession. Any person
1142	who fails to comply with the court's requirements as to such
1143	civil penalties who does not demonstrate financial hardship may
1144	also, at the discretion of the court, be authorized to satisfy
1145	such civil penalties by public works or community service in the
1146	same manner.
1147	(c)  If the noncriminal infraction has caused or resulted
1148	in the death of another, the person who committed the infraction
1149	may perform 120 community service hours under s. 316.027(4), in
1150	addition to any other penalties.
1151	(9)  One hundred dollars for a violation of s. 316.1575.
1152	(10)  Twenty-five dollars for a violation of s. 316.2074.
1153	(11)(a)  In addition to the stated fine, court costs must
1154	be paid in the following amounts and shall be deposited by the
1155	clerk into the fine and forfeiture fund established pursuant to
1156	s. 142.01:
1157
1158	For pedestrian infractions     $  3.
1159	For nonmoving traffic infractions     $ 16.
1160	For moving traffic infractions     $ 30.
1161	(b)  In addition to the court cost required under paragraph
1162	(a), up to $3 for each infraction shall be collected and
1163	distributed by the clerk in those counties that have been
1164	authorized to establish a criminal justice selection center or a
1165	criminal justice access and assessment center pursuant to the
1166	following special acts of the Legislature:
1167	1.  Chapter 87-423, Laws of Florida, for Brevard County.
1168	2.  Chapter 89-521, Laws of Florida, for Bay County.
1169	3.  Chapter 94-444, Laws of Florida, for Alachua County.
1170	4.  Chapter 97-333, Laws of Florida, for Pinellas County.
1171
1172	Funds collected by the clerk pursuant to this paragraph shall be
1173	distributed to the centers authorized by those special acts.
1174	(c)  In addition to the court cost required under paragraph
1175	(a), a $2.50 court cost must be paid for each infraction to be
1176	distributed by the clerk to the county to help pay for criminal
1177	justice education and training programs pursuant to s. 938.15.
1178	Funds from the distribution to the county not directed by the
1179	county to fund these centers or programs shall be retained by
1180	the clerk and used for funding the court-related services of the
1181	clerk.
1182	(d)  In addition to the court cost required under paragraph
1183	(a), a $3 court cost must be paid for each infraction to be
1184	distributed as provided in s. 938.01 and a $2 court cost as
1185	provided in s. 938.15 when assessed by a municipality or county.
1186	(12)  Two One hundred dollars for a violation of s.
1187	316.520(1) or (2). If, at a hearing, the alleged offender is
1188	found to have committed this offense, the court shall impose a
1189	minimum civil penalty of $200 $100. For a second or subsequent
1190	adjudication within a period of 5 years, the department shall
1191	suspend the driver's license of the person for not less than 1
1192	year 180 days and not more than 2 years 1 year.
1193	(13)  In addition to any penalties imposed for noncriminal
1194	traffic infractions pursuant to this chapter or imposed for
1195	criminal violations listed in s. 318.17, a board of county
1196	commissioners or any unit of local government that which is
1197	consolidated as provided by s. 9, Art. VIII of the State
1198	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1199	Constitution of 1968:
1200	(a)  May impose by ordinance a surcharge of up to $15 for
1201	any infraction or violation to fund state court facilities. The
1202	court shall not waive this surcharge. Up to 25 percent of the
1203	revenue from such surcharge may be used to support local law
1204	libraries provided that the county or unit of local government
1205	provides a level of service equal to that provided prior to July
1206	1, 2004, which shall include the continuation of library
1207	facilities located in or near the county courthouse or annexes.
1208	(b)  That imposed increased fees or service charges by
1209	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1210	purpose of securing payment of the principal and interest on
1211	bonds issued by the county before July 1, 2003, to finance state
1212	court facilities, may impose by ordinance a surcharge for any
1213	infraction or violation for the exclusive purpose of securing
1214	payment of the principal and interest on bonds issued by the
1215	county before July 1, 2003, to fund state court facilities until
1216	the date of stated maturity. The court shall not waive this
1217	surcharge. Such surcharge may not exceed an amount per violation
1218	calculated as the quotient of the maximum annual payment of the
1219	principal and interest on the bonds as of July 1, 2003, divided
1220	by the number of traffic citations for county fiscal year 2002-
1221	2003 certified as paid by the clerk of the court of the county.
1222	Such quotient shall be rounded up to the next highest dollar
1223	amount. The bonds may be refunded only if savings will be
1224	realized on payments of debt service and the refunding bonds are
1225	scheduled to mature on the same date or before the bonds being
1226	refunded.
1227
1228	A county may not impose both of the surcharges authorized under
1229	paragraphs (a) and (b) concurrently. The clerk of court shall
1230	report, no later than 30 days after the end of the quarter, the
1231	amount of funds collected under this subsection during each
1232	quarter of the fiscal year. The clerk shall submit the report,
1233	in a format developed by the Office of State Courts
1234	Administrator, to the chief judge of the circuit, the Governor,
1235	the President of the Senate, and the Speaker of the House of
1236	Representatives.
1237	(14)  In addition to any penalties imposed for noncriminal
1238	traffic infractions under this chapter or imposed for criminal
1239	violations listed in s. 318.17, any unit of local government
1240	that is consolidated as provided by s. 9, Art. VIII of the State
1241	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1242	State Constitution of 1968, and that is granted the authority in
1243	the State Constitution to exercise all the powers of a municipal
1244	corporation, and any unit of local government operating under a
1245	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
1246	VIII of the State Constitution of 1885, as preserved by s. 6(e),
1247	Art. VIII of the State Constitution of 1968, that is granted the
1248	authority in the State Constitution to exercise all the powers
1249	conferred now or hereafter by general law upon municipalities,
1250	may impose by ordinance a surcharge of up to $15 for any
1251	infraction or violation. Revenue from the surcharge shall be
1252	transferred to such unit of local government for the purpose of
1253	replacing fine revenue deposited into the clerk's fine and
1254	forfeiture fund under s. 142.01. The court may not waive this
1255	surcharge. Proceeds from the imposition of the surcharge
1256	authorized in this subsection shall not be used for the purpose
1257	of securing payment of the principal and interest on bonds. This
1258	subsection, and any surcharge imposed pursuant to this
1259	subsection, shall stand repealed September 30, 2007.
1260	(15)  One hundred twenty-five dollars for a violation of s.
1261	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1262	stop at a traffic signal. Sixty dollars shall be distributed as
1263	provided in s. 318.21, and the remaining $65 shall be remitted
1264	to the Department of Revenue for deposit into the Administrative
1265	Trust Fund of the Department of Health.
1266	(16)  In addition to any penalties imposed, a surcharge of
1267	$4 must be paid for all criminal offenses listed in s. 318.17
1268	and for all noncriminal moving traffic violations under chapter
1269	316. Revenue from the surcharge shall be remitted to the
1270	Department of Revenue and deposited quarterly into the State
1271	Agency Law Enforcement Radio System Trust Fund of the Department
1272	of Management Services for the state agency law enforcement
1273	radio system, as described in s. 282.1095.
1274	Section 22.  Section 318.19, Florida Statutes, is amended
1275	to read:
1276	318.19  Infractions requiring a mandatory hearing.--Any
1277	person cited for the infractions listed in this section shall
1278	not have the provisions of s. 318.14(2), (4), and (9) available
1279	to him or her but must appear before the designated official at
1280	the time and location of the scheduled hearing:
1281	(1)  Any infraction that which results in a crash that
1282	causes the death of another;
1283	(2)  Any infraction that which results in a crash that
1284	causes "serious bodily injury" of another as defined in s.
1285	316.1933(1);
1286	(3)  Any infraction of s. 316.172(1)(b); or
1287	(4)  Any infraction of s. 316.520(1) or (2); or
1288	(5)  Any infraction of s. 316.183(2), s. 316.187, or s.
1289	316.189 of exceeding the speed limit by 30 miles per hour or
1290	more.
1291	Section 23.  Subsection (15) is added to section 318.21,
1292	Florida Statutes, to read:
1293	318.21  Disposition of civil penalties by county
1294	courts.--All civil penalties received by a county court pursuant
1295	to the provisions of this chapter shall be distributed and paid
1296	monthly as follows:
1297	(15)  Notwithstanding subsections (1) and (2), the proceeds
1298	from the surcharge imposed under s. 318.18(16) shall be
1299	distributed as provided in that subsection.
1300	Section 24.  Paragraph (d) of subsection (1) of section
1301	318.32, Florida Statutes, is amended to read:
1302	318.32  Jurisdiction; limitations.--
1303	(1)  Hearing officers shall be empowered to accept pleas
1304	from and decide the guilt or innocence of any person, adult or
1305	juvenile, charged with any civil traffic infraction and shall be
1306	empowered to adjudicate or withhold adjudication of guilt in the
1307	same manner as a county court judge under the statutes, rules,
1308	and procedures presently existing or as subsequently amended,
1309	except that hearing officers shall not:
1310	(d)  Have the power to suspend or revoke a defendant's
1311	driver's license pursuant to s. 316.655(2).
1312	Section 25.  Paragraph (c) of subsection (1) of section
1313	319.14, Florida Statutes, is amended to read:
1314	319.14  Sale of motor vehicles registered or used as
1315	taxicabs, police vehicles, lease vehicles, or rebuilt vehicles
1316	and nonconforming vehicles.--
1317	(1)
1318	(c)  As used in this section:
1319	1.  "Police vehicle" means a motor vehicle owned or leased
1320	by the state or a county or municipality, marked and outfitted
1321	as a pursuit vehicle, and used in law enforcement.
1322	2.a.  "Short-term-lease vehicle" means a motor vehicle
1323	leased without a driver and under a written agreement to one or
1324	more persons from time to time for a period of less than 12
1325	months.
1326	b.  "Long-term-lease vehicle" means a motor vehicle leased
1327	without a driver and under a written agreement to one person for
1328	a period of 12 months or longer.
1329	c.  "Lease vehicle" includes both short-term-lease vehicles
1330	and long-term-lease vehicles.
1331	3.  "Rebuilt vehicle" means a motor vehicle or mobile home
1332	built from salvage or junk, as defined in s. 319.30(1).
1333	4.  "Assembled from parts" means a motor vehicle or mobile
1334	home assembled from parts or combined from parts of motor
1335	vehicles or mobile homes, new or used. "Assembled from parts"
1336	does not mean a motor vehicle defined as a "rebuilt vehicle" in
1337	subparagraph 3. that, which has been declared a total loss
1338	pursuant to s. 319.30.
1339	5.  "Kit car" means a motor vehicle assembled with a kit
1340	supplied by a manufacturer to rebuild a wrecked or outdated
1341	motor vehicle with a new body kit.
1342	6.  "Glider kit" means a vehicle assembled with a kit
1343	supplied by a manufacturer to rebuild a wrecked or outdated
1344	truck or truck tractor.
1345	7.  "Replica" means a complete new motor vehicle
1346	manufactured to look like an old vehicle.
1347	8.  "Flood vehicle" means a motor vehicle or mobile home
1348	that has been declared to be a total loss pursuant to s.
1349	319.30(3)(a) resulting from damage caused by water.
1350	9.  "Nonconforming vehicle" means a motor vehicle that
1351	which has been purchased by a manufacturer pursuant to a
1352	settlement, determination, or decision under chapter 681.
1353	10.  "Settlement" means an agreement entered into between a
1354	manufacturer and a consumer that occurs after a dispute is
1355	submitted to a program, or an informal dispute settlement
1356	procedure established by a manufacturer or is approved for
1357	arbitration before the New Motor Vehicle Arbitration Board as
1358	defined in s. 681.102.
1359	Section 26.  Effective July 1, 2008, subsection (1) of
1360	section 320.02, Florida Statutes, is amended to read:
1361	320.02  Registration required; application for
1362	registration; forms.--
1363	(1)  Except as otherwise provided in this chapter, every
1364	owner or person in charge of a motor vehicle that which is
1365	operated or driven on the roads of this state shall register the
1366	vehicle in this state. The owner or person in charge shall apply
1367	to the department or to its authorized agent for registration of
1368	each such vehicle on a form prescribed by the department. Prior
1369	to an original registration of any motorcycle, motor-driven
1370	cycle, or moped, the owner, if a natural person, shall present
1371	proof that he or she has a valid motorcycle endorsement as
1372	required in chapter 322. No registration is required for any
1373	motor vehicle that which is not operated on the roads of this
1374	state during the registration period.
1375	Section 27.  Subsection (8) of section 320.03, Florida
1376	Statutes, is amended to read:
1377	320.03  Registration; duties of tax collectors;
1378	International Registration Plan.--
1379	(8)  If the applicant's name appears on the list referred
1380	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1381	license plate or revalidation sticker may not be issued until
1382	that person's name no longer appears on the list or until the
1383	person presents a receipt from the clerk showing that the fines
1384	outstanding have been paid. This subsection shall not apply to
1385	the owner of a leased vehicle if the vehicle is registered in
1386	the name of the lessee of such vehicle. The tax collector and
1387	the clerk of the court are each entitled to receive monthly, as
1388	costs for implementing and administering this subsection, 10
1389	percent of the civil penalties and fines recovered from such
1390	persons. As used in this subsection, the term "civil penalties
1391	and fines" does not include a wrecker operator's lien as
1392	described in s. 713.78(13). If the tax collector has private tag
1393	agents, such tag agents are entitled to receive a pro rata share
1394	of the amount paid to the tax collector, based upon the
1395	percentage of license plates and revalidation stickers issued by
1396	the tag agent compared to the total issued within the county.
1397	The authority of any private agent to issue license plates shall
1398	be revoked, after notice and a hearing as provided in chapter
1399	120, if he or she issues any license plate or revalidation
1400	sticker contrary to the provisions of this subsection. This
1401	section applies only to the annual renewal in the owner's birth
1402	month of a motor vehicle registration and does not apply to the
1403	transfer of a registration of a motor vehicle sold by a motor
1404	vehicle dealer licensed under this chapter, except for the
1405	transfer of registrations which is inclusive of the annual
1406	renewals. This section does not affect the issuance of the title
1407	to a motor vehicle, notwithstanding s. 319.23(7)(b).
1408	Section 28.  Paragraph (f) is added to subsection (3) and
1409	paragraph (c) is added to subsection (4) of section 320.07,
1410	Florida Statutes, to read:
1411	320.07  Expiration of registration; annual renewal
1412	required; penalties.--
1413	(3)  The operation of any motor vehicle without having
1414	attached thereto a registration license plate and validation
1415	stickers, or the use of any mobile home without having attached
1416	thereto a mobile home sticker, for the current registration
1417	period shall subject the owner thereof, if he or she is present,
1418	or, if the owner is not present, the operator thereof to the
1419	following penalty provisions:
1420	(f)  The owner of a leased motor vehicle shall not be
1421	responsible for any of the penalties specified in this
1422	subsection if the motor vehicle is registered in the name of the
1423	lessee of such motor vehicle.
1424	(4)
1425	(c)  The owner of a leased motor vehicle shall not be
1426	responsible for any delinquent fee specified in this subsection
1427	if the motor vehicle is registered in the name of the lessee of
1428	such motor vehicle.
1429	Section 29.  Section 320.0706, Florida Statutes, is amended
1430	to read:
1431	320.0706  Display of license plates on trucks.--The owner
1432	of any commercial truck of gross vehicle weight of 26,001 pounds
1433	or more shall display the registration license plate on both the
1434	front and rear of the truck in conformance with all the
1435	requirements of s. 316.605 that do not conflict with this
1436	section. To allow for better visibility, the owner of a dump
1437	truck may place the rear license plate on the gate so that the
1438	distance from the ground to the top of the license plate is no
1439	more than 60 inches. However, the owner of a truck tractor shall
1440	be required to display the registration license plate only on
1441	the front of such vehicle. Vehicle license plates shall be
1442	affixed and displayed in such a manner that the letters and
1443	numerals shall be read from left to right parallel to the
1444	ground. No vehicle license plate may be displayed in an inverted
1445	or reversed position or in such a manner that the letters and
1446	numbers and their proper sequence are not readily identifiable.
1447	Section 30.  Paragraph (eee) is added to subsection (4) of
1448	section 320.08056, Florida Statutes, to read:
1449	320.08056  Specialty license plates.--
1450	(4)  The following license plate annual use fees shall be
1451	collected for the appropriate specialty license plates:
1452	(eee)  Future Farmers of America license plate, $25.
1453	Section 31.  Subsection (48) of section 320.08058, Florida
1454	Statutes, is amended, and subsection (57) is added to that
1455	section, to read:
1456	320.08058  Specialty license plates.--
1457	(48)  SPORTSMEN'S NATIONAL LAND TRUST LICENSE PLATES.--
1458	(a)  The department shall develop a Sportsmen's National
1459	Land Trust license plate as provided in this section. The word
1460	"Florida" must appear at the top of the plate, and the words
1461	"Sportsmen's National Land Trust" must appear at the bottom of
1462	the plate.
1463	(b)  The annual revenues from the sales of the license
1464	plate shall be distributed to the Sportsmen's National Land
1465	Trust. Such annual revenues must be used by the trust in the
1466	following manner:
1467	1.  Fifty percent may be retained until fifty percent of
1468	all startup costs for developing and establishing the plate have
1469	been recovered.
1470	2.  Twenty-five percent must be used to fund programs and
1471	projects within the state that preserve open space and wildlife
1472	habitat, promote conservation, improve wildlife habitat, and
1473	establish open space for the perpetual use of the public.
1474	3.  Twenty-five percent may be used for promotion,
1475	marketing, and administrative costs directly associated with
1476	operation of the trust.
1477	(c)  When the provisions of subparagraph (b)1. are met,
1478	those annual revenues shall be used for the purposes of
1479	subparagraph (b)2.
1480	(57)  FUTURE FARMERS OF AMERICA LICENSE PLATES.--
1481	(a)  Notwithstanding s. 320.08053, the department shall
1482	develop a Future Farmers of America license plate as provided in
1483	this section. Future Farmers of America license plates must bear
1484	the colors and design approved by the department. The word
1485	"Florida" must appear at the top of the plate, and the words
1486	"Agricultural Education" must appear at the bottom of the plate.
1487	(b)  The license plate annual use fee shall be distributed
1488	quarterly to the Florida Future Farmers of America Foundation,
1489	Inc., to fund activities and services of the Future Farmers of
1490	America.
1491	(c)  The Florida Future Farmers of America Foundation,
1492	Inc., shall retain all revenue from the annual use fees until
1493	all startup costs for developing and establishing the plates
1494	have been recovered. Thereafter, up to 10 percent of the annual
1495	use fee revenue may be used for administrative, handling, and
1496	disbursement expenses and up to 5 percent may be used for
1497	advertising and marketing costs. All remaining annual use fee
1498	revenue shall be used by the Florida Future Farmers of America
1499	Foundation, Inc., to fund its activities, programs, and
1500	projects, including, but not limited to, student and teacher
1501	leadership programs, the Foundation for Leadership Training
1502	Center, teacher recruitment and retention, and other special
1503	projects.
1504	Section 32.  Subsection (5) of section 320.0807, Florida
1505	Statutes, is renumbered as subsection (6), and a new subsection
1506	(5) is added to that section to read:
1507	320.0807  Special license plates for Governor and federal
1508	and state legislators.--
1509	(5)  Upon application by any current or former President of
1510	the Senate and payment of the fees prescribed by s. 320.0805,
1511	the department is authorized to issue a license plate stamped in
1512	bold letters "Senate President" followed by the number assigned
1513	by the department or chosen by the applicant if the number is
1514	not already in use. Upon application by any current or former
1515	Speaker of the House of Representatives and payment of the fees
1516	prescribed by s. 320.0805, the department is authorized to issue
1517	a license plate stamped in bold letters "House Speaker" followed
1518	by the number assigned by the department or chosen by the
1519	applicant if the number is not already in use.
1520	Section 33.  Subsection (4) is added to section 320.089,
1521	Florida Statutes, to read:
1522	320.089  Members of National Guard and active United States
1523	Armed Forces reservists; former prisoners of war; survivors of
1524	Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1525	Freedom and Operation Enduring Freedom veterans; special license
1526	plates; fee.--
1527	(4)  Each owner or lessee of an automobile or truck for
1528	private use, truck weighing not more than 7,999 pounds, or
1529	recreational vehicle as specified in s. 320.08(9)(c) or (d),
1530	which automobile, truck, or recreational vehicle is not used for
1531	hire or commercial use, who is a resident of the state and a
1532	current or former member of the United States military who was
1533	deployed and served in Iraq during Operation Iraqi Freedom or in
1534	Afghanistan during Operation Enduring Freedom shall, upon
1535	application to the department, accompanied by proof of active
1536	membership or former active duty status during one of these
1537	operations, and upon payment of the license tax for the vehicle
1538	as provided in s. 320.08, be issued a license plate as provided
1539	by s. 320.06 upon which, in lieu of the registration license
1540	number prescribed by s. 320.06, shall be stamped the words
1541	"Operation Iraqi Freedom" or "Operation Enduring Freedom," as
1542	appropriate, followed by the registration license number of the
1543	plate.
1544	Section 34.  Paragraphs (a) and (b) of subsection (4) and
1545	paragraph (b) of subsection (9) of section 320.27, Florida
1546	Statutes, are amended to read:
1547	320.27  Motor vehicle dealers.--
1548	(4)  LICENSE CERTIFICATE.--
1549	(a)  A license certificate shall be issued by the
1550	department in accordance with such application when the
1551	application is regular in form and in compliance with the
1552	provisions of this section. The license certificate may be in
1553	the form of a document or a computerized card as determined by
1554	the department. The actual cost of each original, additional, or
1555	replacement computerized card shall be borne by the licensee and
1556	is in addition to the fee for licensure. Such license, when so
1557	issued, entitles the licensee to carry on and conduct the
1558	business of a motor vehicle dealer. Each license issued to a
1559	franchise motor vehicle dealer expires annually on December 31
1560	unless revoked or suspended prior to that date. Each license
1561	issued to an independent or wholesale dealer or auction expires
1562	annually on April 30 unless revoked or suspended prior to that
1563	date. Not less than 60 days prior to the license expiration
1564	date, the department shall deliver or mail to each licensee the
1565	necessary renewal forms. Each independent dealer who has been in
1566	business for less than 15 years shall certify that the dealer
1567	principal (owner, partner, officer of the corporation, or
1568	director of the licensee, or full-time employee of the licensee
1569	who holds a responsible management-level position) has completed
1570	8 hours of continuing education prior to filing the renewal
1571	forms with the department. Such certification shall be filed
1572	once every 2 years commencing with the 2006 renewal period. The
1573	continuing education shall include at least 2 hours of legal or
1574	legislative issues, 1 hour of department issues, and 5 hours of
1575	relevant motor vehicle industry topics. Continuing education
1576	shall be provided by dealer schools licensed under paragraph (b)
1577	either in a classroom setting or by correspondence. Such schools
1578	shall provide certificates of completion to the department and
1579	the customer which shall be filed with the license renewal form,
1580	and such schools may charge a fee for providing continuing
1581	education. Any licensee who does not file his or her application
1582	and fees and any other requisite documents, as required by law,
1583	with the department at least 30 days prior to the license
1584	expiration date shall cease to engage in business as a motor
1585	vehicle dealer on the license expiration date. A renewal filed
1586	with the department within 45 days after the expiration date
1587	shall be accompanied by a delinquent fee of $100. Thereafter, a
1588	new application is required, accompanied by the initial license
1589	fee. A license certificate duly issued by the department may be
1590	modified by endorsement to show a change in the name of the
1591	licensee, provided, as shown by affidavit of the licensee, the
1592	majority ownership interest of the licensee has not changed or
1593	the name of the person appearing as franchisee on the sales and
1594	service agreement has not changed. Modification of a license
1595	certificate to show any name change as herein provided shall not
1596	require initial licensure or reissuance of dealer tags; however,
1597	any dealer obtaining a name change shall transact all business
1598	in and be properly identified by that name. All documents
1599	relative to licensure shall reflect the new name. In the case of
1600	a franchise dealer, the name change shall be approved by the
1601	manufacturer, distributor, or importer. A licensee applying for
1602	a name change endorsement shall pay a fee of $25, which fee
1603	shall apply to the change in the name of a main location and all
1604	additional locations licensed under the provisions of subsection
1605	(5). Each initial license application received by the department
1606	shall be accompanied by verification that, within the preceding
1607	6 months, the applicant, or one or more of his or her designated
1608	employees, has attended a training and information seminar
1609	conducted by a licensed motor vehicle dealer training school.
1610	Any applicant for a new franchised motor vehicle dealer license
1611	who has held a valid franchised motor vehicle dealer license
1612	continuously for the preceding 2 years and who remains in good
1613	standing with the department is exempt from the prelicensing
1614	training requirement. Such seminar shall include, but is not
1615	limited to, statutory dealer requirements, which requirements
1616	include required bookkeeping and recordkeeping procedures,
1617	requirements for the collection of sales and use taxes, and such
1618	other information that in the opinion of the department will
1619	promote good business practices. No seminar may exceed 8 hours
1620	in length.
1621	(b)  Each initial license application received by the
1622	department for licensure under subparagraph (1)(c)2. must be
1623	accompanied by verification that, within the preceding 6 months,
1624	the applicant (owner, partner, officer of the corporation, or
1625	director of the applicant, or full-time employee of the
1626	applicant who holds a responsible management-level position) has
1627	successfully completed training conducted by a licensed motor
1628	vehicle dealer training school. Such training must include
1629	training in titling and registration of motor vehicles, laws
1630	relating to unfair and deceptive trade practices, laws relating
1631	to financing with regard to buy-here, pay-here operations, and
1632	such other information that in the opinion of the department
1633	will promote good business practices. Successful completion of
1634	this training shall be determined by examination administered at
1635	the end of the course and attendance of no less than 90 percent
1636	of the total hours required by such school. Any applicant who
1637	had held a valid motor vehicle dealer's license within the past
1638	2 years and who remains in good standing with the department is
1639	exempt from the requirements of this paragraph. In the case of
1640	nonresident applicants, the requirement to attend such training
1641	shall be placed on any employee of the licensee who holds a
1642	responsible management-level position and who is employed full-
1643	time at the motor vehicle dealership. The department shall have
1644	the authority to adopt any rule necessary for establishing the
1645	training curriculum; length of training, which shall not exceed
1646	8 hours for required department topics and shall not exceed an
1647	additional 24 hours for topics related to other regulatory
1648	agencies' instructor qualifications; and any other requirements
1649	under this section. The curriculum for other subjects shall be
1650	approved by any and all other regulatory agencies having
1651	jurisdiction over specific subject matters; however, the overall
1652	administration of the licensing of these dealer schools and
1653	their instructors shall remain with the department. Such schools
1654	are authorized to charge a fee. This privatized method for
1655	training applicants for dealer licensing pursuant to
1656	subparagraph (1)(c)2. is a pilot program that shall be evaluated
1657	by the department after it has been in operation for a period of
1658	2 years.
1659	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1660	(b)  The department may deny, suspend, or revoke any
1661	license issued hereunder or under the provisions of s. 320.77 or
1662	s. 320.771 upon proof that a licensee has committed, with
1663	sufficient frequency so as to establish a pattern of wrongdoing
1664	on the part of a licensee, violations of one or more of the
1665	following activities:
1666	1.  Representation that a demonstrator is a new motor
1667	vehicle, or the attempt to sell or the sale of a demonstrator as
1668	a new motor vehicle without written notice to the purchaser that
1669	the vehicle is a demonstrator. For the purposes of this section,
1670	a "demonstrator," a "new motor vehicle," and a "used motor
1671	vehicle" shall be defined as under s. 320.60.
1672	2.  Unjustifiable refusal to comply with a licensee's
1673	responsibility under the terms of the new motor vehicle warranty
1674	issued by its respective manufacturer, distributor, or importer.
1675	However, if such refusal is at the direction of the
1676	manufacturer, distributor, or importer, such refusal shall not
1677	be a ground under this section.
1678	3.  Misrepresentation or false, deceptive, or misleading
1679	statements with regard to the sale or financing of motor
1680	vehicles that which any motor vehicle dealer has, or causes to
1681	have, advertised, printed, displayed, published, distributed,
1682	broadcast, televised, or made in any manner with regard to the
1683	sale or financing of motor vehicles.
1684	4.  Failure by any motor vehicle dealer to provide a
1685	customer or purchaser with an odometer disclosure statement and
1686	a copy of any bona fide written, executed sales contract or
1687	agreement of purchase connected with the purchase of the motor
1688	vehicle purchased by the customer or purchaser.
1689	5.  Failure of any motor vehicle dealer to comply with the
1690	terms of any bona fide written, executed agreement, pursuant to
1691	the sale of a motor vehicle.
1692	6.  Failure to apply for transfer of a title as prescribed
1693	in s. 319.23(6).
1694	7.  Use of the dealer license identification number by any
1695	person other than the licensed dealer or his or her designee.
1696	8.  Failure to continually meet the requirements of the
1697	licensure law.
1698	9.  Representation to a customer or any advertisement to
1699	the public representing or suggesting that a motor vehicle is a
1700	new motor vehicle if such vehicle lawfully cannot be titled in
1701	the name of the customer or other member of the public by the
1702	seller using a manufacturer's statement of origin as permitted
1703	in s. 319.23(1).
1704	10.  Requirement by any motor vehicle dealer that a
1705	customer or purchaser accept equipment on his or her motor
1706	vehicle that which was not ordered by the customer or purchaser.
1707	11.  Requirement by any motor vehicle dealer that any
1708	customer or purchaser finance a motor vehicle with a specific
1709	financial institution or company.
1710	12.  Requirement by any motor vehicle dealer that the
1711	purchaser of a motor vehicle contract with the dealer for
1712	physical damage insurance.
1713	13.  Perpetration of a fraud upon any person as a result of
1714	dealing in motor vehicles, including, without limitation, the
1715	misrepresentation to any person by the licensee of the
1716	licensee's relationship to any manufacturer, importer, or
1717	distributor.
1718	14.  Violation of any of the provisions of s. 319.35 by any
1719	motor vehicle dealer.
1720	15.  Sale by a motor vehicle dealer of a vehicle offered in
1721	trade by a customer prior to consummation of the sale, exchange,
1722	or transfer of a newly acquired vehicle to the customer, unless
1723	the customer provides written authorization for the sale of the
1724	trade-in vehicle prior to delivery of the newly acquired
1725	vehicle.
1726	16.  Willful failure to comply with any administrative rule
1727	adopted by the department or the provisions of s. 320.131(8).
1728	17.  Violation of chapter 319, this chapter, or ss.
1729	559.901-559.9221, which has to do with dealing in or repairing
1730	motor vehicles or mobile homes. Additionally, in the case of
1731	used motor vehicles, the willful violation of the federal law
1732	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1733	the consumer sales window form.
1734	18.  Failure to maintain evidence of notification to the
1735	owner or coowner of a vehicle regarding registration or titling
1736	fees owed owned as required in s. 320.02(17) 320.02(19).
1737	19.  Failure to register a mobile home salesperson with the
1738	department as required by this chapter.
1739	Section 35.  Subsection (5) is added to section 320.405,
1740	Florida Statutes, to read:
1741	320.405  International Registration Plan; inspection of
1742	records; hearings.--
1743	(5)  The department is authorized to enter into agreements
1744	for scheduling payments of taxes and penalties due to the
1745	department as a result of audit assessments issued under this
1746	section.
1747	Section 36.  Paragraph (c) is added to subsection (1) of
1748	section 320.77, Florida Statutes, subsections (8) through (15)
1749	are renumbered as subsections (9) through (16), respectively,
1750	and a new subsection (8) is added to that section, to read:
1751	320.77  License required of mobile home dealers.--
1752	(1)  DEFINITIONS.--As used in this section:
1753	(c)1.  "Mobile home salesperson" is a person, not otherwise
1754	expressly excluded by this section, who:
1755	a.  Is employed as a salesperson by a mobile home dealer or
1756	who, under any form of contract, agreement, or arrangement with
1757	a dealer for commission, money, profit, or other thing of value,
1758	sells, exchanges, buys, or offers for sale, or negotiates or
1759	attempts to negotiate a sale or exchange of, an interest in a
1760	mobile home required to be titled under this chapter;
1761	b.  Induces or attempts to induce any person to buy or
1762	exchange an interest in a mobile home required to be registered
1763	and receives or expects to receive a commission, money,
1764	brokerage fees, profit, or any other thing of value from either
1765	the seller or purchaser of the mobile home; or
1766	c.  Exercises managerial control over the business of a
1767	licensed mobile home dealer or supervises mobile home
1768	salespersons employed by a licensed mobile home dealer, whether
1769	compensated by salary or commission, including, but not limited
1770	to, any person employed by the mobile home dealer as a general
1771	manager, assistant general manager, or sales manager or any
1772	employee of a licensed mobile home dealer who negotiates with or
1773	induces a customer to enter into a security agreement or
1774	purchase agreement or purchase order for the sale of a mobile
1775	home on behalf of the licensed mobile home dealer.
1776	2.  "Mobile home salesperson" does not include any of the
1777	following:
1778	a.  A representative of an insurance company or a finance
1779	company or a public official who, in the regular course of
1780	business, is required to dispose of or sell mobile homes under a
1781	contractual right or obligation of the employer or in the
1782	performance of an official duty or under the authority of any
1783	court of law, if the sale is for the purpose of saving the
1784	seller from any loss or pursuant to the authority of a court of
1785	competent jurisdiction.
1786	b.  A persons who is licensed as a manufacturer,
1787	remanufacturer, transporter, distributor, or representative of
1788	mobile homes.
1789	c.  A person who is licensed as a mobile home dealer under
1790	this chapter.
1791	d.  A person not engaged in the purchase or sale of mobile
1792	homes as a business but disposing of mobile homes acquired for
1793	his or her own use or for use in his or her business when the
1794	mobile homes have been so acquired and used in good faith and
1795	not for the purpose of avoiding the provisions of this chapter.
1796	(8)  SALESPERSONS TO BE REGISTERED BY LICENSEES.--
1797	(a)  Within 30 days after the date of hire, each licensee
1798	shall register with the department the name, local residence
1799	address, and home telephone number of each person employed by
1800	the licensee as a mobile home salesperson. A licensee may not
1801	provide a post office box in lieu of a physical residential
1802	address.
1803	(b)  Each time a mobile home salesperson employed by a
1804	licensee changes his or her residence address, the salesperson
1805	shall notify the department within 20 days after such change.
1806	(c)  Quarterly, each licensee is required to notify the
1807	department of the termination or separation from employment of
1808	each mobile home salesperson employed by the licensee. Each
1809	notification required in this subsection shall be on a form
1810	prescribed by the department.
1811	Section 37.  Subsections (3), (5), (6), (7), and (9) of
1812	section 320.781, Florida Statutes, are amended to read:
1813	320.781  Mobile Home and Recreational Vehicle Protection
1814	Trust Fund.--
1815	(3)  The trust fund shall be used to satisfy any judgment
1816	or claim by any person, as provided by this section, against a
1817	mobile home or recreational vehicle dealer or broker for
1818	damages, restitution, or expenses, including reasonable
1819	attorney's fees, resulting from a cause of action directly
1820	related to the conditions of any written contract made by him or
1821	her in connection with the sale, exchange, or improvement of any
1822	mobile home or recreational vehicle, or for any violation of
1823	chapter 319 or this chapter.
1824	(5)  Subject to the limitations and requirements of this
1825	section, the trust fund shall be used by the department to
1826	compensate persons who have unsatisfied judgments, or in certain
1827	limited circumstances unsatisfied claims, against a mobile home
1828	or recreational vehicle dealer or broker. The following
1829	conditions must exist to be eligible to file a claim against the
1830	trust fund in one of the following situations:
1831	(a)  The claimant has obtained a final judgment that which
1832	is unsatisfied against the mobile home or recreational vehicle
1833	dealer or broker or its surety jointly and severally, or against
1834	the mobile home dealer or broker only, if the court found that
1835	the surety was not liable due to prior payment of valid claims
1836	against the bond in an amount equal to, or greater than, the
1837	face amount of the applicable bond; or a claimant is prohibited
1838	from filing a claim in a lawsuit because a bankruptcy proceeding
1839	is pending by the dealer or broker and the claimant has filed a
1840	claim in that bankruptcy proceeding; or the dealer or broker has
1841	closed his or her business and cannot be found or located within
1842	the jurisdiction of this state; and.
1843	(b)  Either a claim has been made in a lawsuit against the
1844	surety and a judgment obtained is unsatisfied; or a claim has
1845	been made in a lawsuit against the surety that has been stayed
1846	or discharged in a bankruptcy proceeding; or a claimant is
1847	prohibited from filing a claim in a lawsuit because a bankruptcy
1848	proceeding is pending by surety or the surety is not liable due
1849	to the prior payment of valid claims against the bond in an
1850	amount equal to, or greater than, the face amount of the
1851	applicable bond. However, no claimant shall be entitled to
1852	recover against the trust fund if the claimant has recovered
1853	from the surety an amount that is equal to or greater than the
1854	total loss. The claimant has obtained a judgment against the
1855	surety of the mobile home or recreational vehicle dealer or
1856	broker that is unsatisfied.
1857	(c)  The claimant has alleged a claim against the mobile
1858	home or recreational vehicle dealer or broker in a lawsuit which
1859	has been stayed or discharged as a result of the filing for
1860	reorganization or discharge in bankruptcy by the dealer or
1861	broker, and judgment against the surety is not possible because
1862	of the bankruptcy or liquidation of the surety, or because the
1863	surety has been found by a court of competent jurisdiction not
1864	to be liable due to prior payment of valid claims against the
1865	bond in an amount equal to, or greater than, the face amount of
1866	the applicable bond.
1867	(6)  In order to recover from the trust fund, the person
1868	must file an application and verified claim with the department.
1869	(a)  If the claimant has obtained a judgment that which is
1870	unsatisfied against the mobile home or recreational vehicle
1871	dealer or broker or its surety as set forth in this section, the
1872	verified claim must specify the following:
1873	1.a.  That the judgment against the mobile home or
1874	recreational vehicle dealer or broker and its surety has been
1875	entered; or
1876	b.  That the judgment against the mobile home or
1877	recreational vehicle dealer or broker contains a specific
1878	finding that the surety has no liability, that execution has
1879	been returned unsatisfied, and that a judgment lien has been
1880	perfected;
1881	2.  The amount of actual damages broken down by category as
1882	awarded by the court or jury in the cause that which resulted in
1883	the unsatisfied judgment, and the amount of attorney's fees set
1884	forth in the unsatisfied judgment;
1885	3.  The amount of payment or other consideration received,
1886	if any, from the mobile home or recreational vehicle dealer or
1887	broker or its surety;
1888	4.  The amount that may be realized, if any, from the sale
1889	of real or personal property or other assets of the judgment
1890	debtor liable to be sold or applied in satisfaction of the
1891	judgment and the balance remaining due on the judgment after
1892	application of the amount that which has been realized and a
1893	certification that the claimant has made a good faith effort to
1894	collect the judgment; and
1895	5.  An assignment by claimant of rights, title, or interest
1896	in the unsatisfied judgment and judgment lien; and
1897	6.5. Such other information as the department requires.
1898	(b)  If the claimant has alleged a claim as set forth in
1899	paragraph (5)(a)(c) and for the reasons set forth therein has
1900	not been able to secure a judgment, the verified claim must
1901	contain the following:
1902	1.  A true copy of the pleadings in the lawsuit that which
1903	was stayed or discharged by the bankruptcy court and the order
1904	of the bankruptcy court staying those proceedings, or a true
1905	copy of the claim that was filed in the bankruptcy court
1906	proceeding;
1907	2.  Allegations of the acts or omissions by the mobile home
1908	or recreational vehicle dealer or broker setting forth the
1909	specific acts or omissions complained of that which resulted in
1910	actual damage to the person, along with the actual dollar amount
1911	necessary to reimburse or compensate the person for costs or
1912	expenses resulting from the acts or omissions of which the
1913	person complained;
1914	3.  True copies of all purchase agreements, notices,
1915	service or repair orders or papers or documents of any kind
1916	whatsoever that which the person received in connection with the
1917	purchase, exchange, or lease-purchase of the mobile home or
1918	recreational vehicle from which the person's cause of action
1919	arises; and
1920	4.  An assignment by claimant of rights, title, or interest
1921	in the claim to the department; and
1922	5.4.  Such other information as the department requires.
1923	(c)  The department may require such proof as it deems
1924	necessary to document the matters set forth in the claim.
1925	(7)  Within 90 days after receipt of the application and
1926	verified claim, the department shall issue its determination on
1927	the claim. Such determination shall not be subject to the
1928	provisions of chapter 120, but shall be reviewable only by writ
1929	of certiorari in the circuit court in the county in which the
1930	claimant resides in the manner and within the time provided by
1931	the Florida Rules of Appellate Procedure. The claim must be paid
1932	within 45 days after the determination, or, if judicial review
1933	is sought, within 45 days after the review becomes final. A
1934	person may not be paid an amount from the fund in excess of
1935	$25,000 per mobile home or recreational vehicle, which would
1936	include any damages, restitution, payments received as the
1937	result of a claim against the surety bond, or expenses,
1938	including reasonable attorney's fees. Prior to payment, the
1939	person must execute an assignment to the department of all the
1940	person's rights and title to, and interest in, the unsatisfied
1941	judgment and judgment lien or the claim against the dealer or
1942	broker and its surety.
1943	(9)  This section does not apply to any claim, and a person
1944	may not recover against the trust fund as the result of any
1945	claim, against a mobile home or recreational vehicle dealer or
1946	broker resulting from a cause of action directly related to the
1947	sale, lease-purchase, exchange, brokerage, or installation of a
1948	mobile home or recreational vehicle prior to July 1, 2006
1949	October 1, 1990.
1950	(11)  It is unlawful for any person or his or her agent to
1951	file any notice, statement, or other document required under
1952	this section which is false or contains any material
1953	misstatement of fact. Any person who violates this subsection is
1954	guilty of a misdemeanor of the second degree, punishable as
1955	provided in s. 775.082 or s. 775.083.
1956	Section 38.  Subsections (5) and (6) of section 320.8325,
1957	Florida Statutes, are renumbered as subsections (6) and (7),
1958	respectively, and a new subsection (5) is added to that section
1959	to read:
1960	320.8325  Mobile homes, manufactured homes, and park
1961	trailers; uniform installation standards; injunctions;
1962	penalty.--
1963	(5)  Notwithstanding any other law or ordinance to the
1964	contrary, modular homes shall be allowed wherever mobile homes
1965	are allowed to be sited.
1966	Section 39.  Subsection (16) of section 322.01, Florida
1967	Statutes, is amended, subsections (24) through (40) are
1968	renumbered as subsections (25) through (41), respectively,
1969	subsections (41) and (42) are renumbered as subsections (44) and
1970	(45), respectively, and new subsections (24), (42), and (43) are
1971	added to that section, to read:
1972	322.01  Definitions.--As used in this chapter:
1973	(16)  "Driver's license" means a certificate that which,
1974	subject to all other requirements of law, authorizes an
1975	individual to drive a motor vehicle and that denotes an
1976	operator's license as defined in 49 U.S.C. s. 30301.
1977	(24)  "Identification card" means a personal identification
1978	card issued by the department that conforms to the definition in
1979	18 U.S.C. s. 1028(D).
1980	(42)  "Temporary driver's license" means a certificate
1981	issued by the department that, subject to all other requirements
1982	of law, authorizes an individual to drive a motor vehicle,
1983	denotes an operator's license as defined in 49 U.S.C. s. 30301,
1984	and denotes that the holder is not a permanent resident of the
1985	United States but is permitted to stay in the United States for
1986	a short duration of time specified on the license.
1987	(43)  "Temporary identification card" means a personal
1988	identification card issued by the department that conforms to
1989	the definition in 18 U.S.C. s. 1028(D) and denotes that the
1990	holder is not a permanent resident of the United States but is
1991	permitted to stay in the United States for a short duration of
1992	time specified on the card.
1993	Section 40.  Subsection (2) of section 322.05, Florida
1994	Statutes, is amended to read:
1995	322.05  Persons not to be licensed.--The department may not
1996	issue a license:
1997	(2)  To a person who is at least 16 years of age but is
1998	less than under  18 years of age unless the person meets the
1999	requirements of s. 322.091 and holds a valid:
2000	(a)  Learner's driver's license for at least 12 months,
2001	with no moving traffic convictions, before applying for a
2002	license;
2003	(b)  Learner's driver's license for at least 12 months and
2004	who has a moving traffic conviction but elects to attend a
2005	traffic driving school for which adjudication must be withheld
2006	pursuant to s. 318.14; or
2007	(c)  License that was issued in another state or in a
2008	foreign jurisdiction and that would not be subject to suspension
2009	or revocation under the laws of this state.
2010	Section 41.  Subsection (1) of section 322.051, Florida
2011	Statutes, is amended to read:
2012	322.051  Identification cards.--
2013	(1)  Any person who is 5 12 years of age or older, or any
2014	person who has a disability, regardless of age, who applies for
2015	a disabled parking permit under s. 320.0848, may be issued an
2016	identification card by the department upon completion of an
2017	application and payment of an application fee.
2018	(a)  Each such application shall include the following
2019	information regarding the applicant:
2020	1.  Full name (first, middle or maiden, and last), gender,
2021	social security card number, county of residence and mailing
2022	address, country of birth, and a brief description.
2023	2.  Proof of birth date satisfactory to the department.
2024	3.  Proof of identity satisfactory to the department. Such
2025	proof must include one of the following documents issued to the
2026	applicant:
2027	a.  A driver's license record or identification card record
2028	from another jurisdiction that required the applicant to submit
2029	a document for identification that which is substantially
2030	similar to a document required under sub-subparagraph b., sub-
2031	subparagraph c., sub-subparagraph d., sub-subparagraph e., sub-
2032	subparagraph f., or sub-subparagraph g.;
2033	b.  A certified copy of a United States birth certificate;
2034	c.  A United States passport;
2035	d.  A naturalization certificate issued by the United
2036	States Department of Homeland Security;
2037	e.  An alien registration receipt card (green card);
2038	f.  An employment authorization card issued by the United
2039	States Department of Homeland Security; or
2040	g.  Proof of nonimmigrant classification provided by the
2041	United States Department of Homeland Security, for an original
2042	identification card. In order to prove such nonimmigrant
2043	classification, applicants may produce but are not limited to
2044	the following documents:
2045	(I)  A notice of hearing from an immigration court
2046	scheduling a hearing on any proceeding.
2047	(II)  A notice from the Board of Immigration Appeals
2048	acknowledging pendency of an appeal.
2049	(III)  Notice of the approval of an application for
2050	adjustment of status issued by the United States Bureau of
2051	Citizenship and Immigration Services.
2052	(IV)  Any official documentation confirming the filing of a
2053	petition for asylum or refugee status or any other relief issued
2054	by the United States Bureau of Citizenship and Immigration
2055	Services.
2056	(V)  Notice of action transferring any pending matter from
2057	another jurisdiction to Florida, issued by the United States
2058	Bureau of Citizenship and Immigration Services.
2059	(VI)  Order of an immigration judge or immigration officer
2060	granting any relief that authorizes the alien to live and work
2061	in the United States including, but not limited to, asylum.
2062	(VII)  Evidence that an application is pending for
2063	adjustment of status to that of an alien lawfully admitted for
2064	permanent residence in the United States or conditional
2065	permanent resident status in the United States, provided that a
2066	visa number is available with a current priority date for
2067	processing by the United States Bureau of Citizenship and
2068	Immigration Services.
2069
2070	Presentation of any of the documents described in sub-
2071	subparagraph f. or sub-subparagraph g. entitles the applicant to
2072	an identification card for a period not to exceed the expiration
2073	date of the document presented or 1 year 2 years, whichever
2074	first occurs.
2075	(b)  An application for an identification card must be
2076	signed and verified by the applicant in a format designated by
2077	the department before a person authorized to administer oaths.
2078	The fee for an identification card is $3, including payment for
2079	the color photograph or digital image of the applicant.
2080	(c)  Each such applicant may include fingerprints and any
2081	other unique biometric means of identity.
2082	Section 42.  Paragraph (c) of subsection (2) of section
2083	322.08, Florida Statutes, is amended to read:
2084	322.08  Application for license.--
2085	(2)  Each such application shall include the following
2086	information regarding the applicant:
2087	(c)  Proof of identity satisfactory to the department. Such
2088	proof must include one of the following documents issued to the
2089	applicant:
2090	1.  A driver's license record or identification card record
2091	from another jurisdiction that required the applicant to submit
2092	a document for identification that which is substantially
2093	similar to a document required under subparagraph 2.,
2094	subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
2095	6., or subparagraph 7.;
2096	2.  A certified copy of a United States birth certificate;
2097	3.  A United States passport;
2098	4.  A naturalization certificate issued by the United
2099	States Department of Homeland Security;
2100	5.  An alien registration receipt card (green card);
2101	6.  An employment authorization card issued by the United
2102	States Department of Homeland Security; or
2103	7.  Proof of nonimmigrant classification provided by the
2104	United States Department of Homeland Security, for an original
2105	driver's license. In order to prove nonimmigrant classification,
2106	an applicant may produce the following documents, including, but
2107	not limited to:
2108	a.  A notice of hearing from an immigration court
2109	scheduling a hearing on any proceeding.
2110	b.  A notice from the Board of Immigration Appeals
2111	acknowledging pendency of an appeal.
2112	c.  A notice of the approval of an application for
2113	adjustment of status issued by the United States Citizenship and
2114	Immigration Services Immigration and Naturalization Service.
2115	d.  Any official documentation confirming the filing of a
2116	petition for asylum or refugee status or any other relief issued
2117	by the United States Immigration and Naturalization Service.
2118	e.  A notice of action transferring any pending matter from
2119	another jurisdiction to this state issued by the United States
2120	Citizenship and Immigration Services Immigration and
2121	Naturalization Service.
2122	f.  An order of an immigration judge or immigration officer
2123	granting any relief that authorizes the alien to live and work
2124	in the United States, including, but not limited to, asylum.
2125	g.  Evidence that an application is pending for adjustment
2126	of status to that of an alien lawfully admitted for permanent
2127	residence in the United States or conditional permanent resident
2128	status in the United States, provided that a visa number is
2129	available with a current priority date for processing by the
2130	United States Citizenship and Immigration Services.
2131
2132	Presentation of any of the documents in subparagraph 6. or
2133	subparagraph 7. entitles the applicant to a driver's license or
2134	temporary permit for a period not to exceed the expiration date
2135	of the document presented or 1 year 2 years, whichever occurs
2136	first.
2137	Section 43.   Effective July 1, 2008, paragraph (a) of
2138	subsection (5) of section 322.12, Florida Statutes, is amended
2139	to read:
2140	322.12  Examination of applicants.--
2141	(5)(a)  The department shall formulate a separate
2142	examination for applicants for licenses to operate motorcycles.
2143	Any applicant for a driver's license who wishes to operate a
2144	motorcycle, and who is otherwise qualified, must successfully
2145	complete such an examination, which is in addition to the
2146	examination administered under subsection (3). The examination
2147	must test the applicant's knowledge of the operation of a
2148	motorcycle and of any traffic laws specifically relating thereto
2149	and must include an actual demonstration of his or her ability
2150	to exercise ordinary and reasonable control in the operation of
2151	a motorcycle. Any applicant who fails to pass the initial
2152	knowledge examination will incur a $5 fee for each subsequent
2153	examination, to be deposited into the Highway Safety Operating
2154	Trust Fund. Any applicant who fails to pass the initial skills
2155	examination will incur a $10 fee for each subsequent
2156	examination, to be deposited into the Highway Safety Operating
2157	Trust Fund. In the formulation of the examination, the
2158	department shall consider the use of the Motorcycle Operator
2159	Skills Test and the Motorcycle in Traffic Test offered by the
2160	Motorcycle Safety Foundation. The department shall indicate on
2161	the license of any person who successfully completes the
2162	examination that the licensee is authorized to operate a
2163	motorcycle. If the applicant wishes to be licensed to operate a
2164	motorcycle only, he or she need not take the skill or road test
2165	required under subsection (3) for the operation of a motor
2166	vehicle, and the department shall indicate such a limitation on
2167	his or her license as a restriction. Every first-time applicant
2168	for licensure to operate a motorcycle who is under 21 years of
2169	age must provide proof of completion of a motorcycle safety
2170	course, as provided for in s. 322.0255, before the applicant may
2171	be licensed to operate a motorcycle.
2172	Section 44.  Subsection (8) of section 322.121, Florida
2173	Statutes, is amended to read:
2174	322.121  Periodic reexamination of all drivers.--
2175	(8)  In addition to any other examination authorized by
2176	this section, an applicant for a renewal of an endorsement
2177	issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) may
2178	be required to complete successfully an examination of his or
2179	her knowledge regarding state and federal rules, regulations,
2180	and laws, governing the type of vehicle that which he or she is
2181	seeking an endorsement to operate.
2182	Section 45.  Subsections (1) through (5), paragraphs (a)
2183	and (b) of subsection (6), subsections (7) and (8), paragraph
2184	(b) of subsection (10), and subsections (13) and (14) of section
2185	322.2615, Florida Statutes, are amended to read:
2186	322.2615  Suspension of license; right to review.--
2187	(1)(a)  A law enforcement officer or correctional officer
2188	shall, on behalf of the department, suspend the driving
2189	privilege of a person who is driving or in actual physical
2190	control of a motor vehicle with an has been arrested by a law
2191	enforcement officer for a violation of s. 316.193, relating to
2192	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2193	higher, or of a person who has refused to submit to a breath,
2194	urine, or blood test or a test of his or her breath-alcohol or
2195	blood-alcohol level authorized by s. 316.1932. The officer shall
2196	take the person's driver's license and issue the person a 10-day
2197	temporary permit if the person is otherwise eligible for the
2198	driving privilege and shall issue the person a notice of
2199	suspension. If a blood test has been administered, the results
2200	of which are not available to the officer or at the time of the
2201	arrest, the agency employing the officer shall transmit the such
2202	results to the department within 5 days after receipt of the
2203	results. If the department then determines that the person was
2204	arrested for a violation of s. 316.193 and that the person had a
2205	blood-alcohol level or breath-alcohol level of 0.08 or higher,
2206	the department shall suspend the person's driver's license
2207	pursuant to subsection (3).
2208	(b)  The suspension under paragraph (a) shall be pursuant
2209	to, and the notice of suspension shall inform the driver of, the
2210	following:
2211	1.a.  The driver refused to submit to a lawful breath,
2212	blood, or urine test and his or her driving privilege is
2213	suspended for a period of 1 year for a first refusal or for a
2214	period of 18 months if his or her driving privilege has been
2215	previously suspended as a result of a refusal to submit to such
2216	a test; or
2217	b.  The driver was driving or in actual physical control of
2218	a motor vehicle violated s. 316.193 by driving with an unlawful
2219	blood-alcohol level or breath-alcohol level of 0.08 or higher as
2220	provided in that section and his or her driving privilege is
2221	suspended for a period of 6 months for a first offense or for a
2222	period of 1 year if his or her driving privilege has been
2223	previously suspended under this section for a violation of s.
2224	316.193.
2225	2.  The suspension period shall commence on the date of
2226	arrest or issuance of the notice of suspension, whichever is
2227	later.
2228	3.  The driver may request a formal or informal review of
2229	the suspension by the department within 10 days after the date
2230	of arrest or issuance of the notice of suspension, whichever is
2231	later.
2232	4.  The temporary permit issued at the time of suspension
2233	arrest will expire at midnight of the 10th day following the
2234	date of arrest or issuance of the notice of suspension,
2235	whichever is later.
2236	5.  The driver may submit to the department any materials
2237	relevant to the suspension arrest.
2238	(2)  Except as provided in paragraph (1)(a), the law
2239	enforcement officer shall forward to the department, within 5
2240	days after issuing the date of the arrest, a copy of the notice
2241	of suspension, the person's driver's license and of the person
2242	arrested, and a report of the arrest, including an affidavit
2243	stating the officer's grounds for belief that the person was
2244	driving or in actual physical control of a motor vehicle while
2245	under the influence of alcoholic beverages or chemical or
2246	controlled substances arrested was in violation of s. 316.193;
2247	the results of any breath or blood test or an affidavit stating
2248	that a breath, blood, or urine test was requested by a law
2249	enforcement officer or correctional officer and that the person
2250	arrested refused to submit; a copy of the citation issued to the
2251	person arrested; and the officer's description of the person's
2252	field sobriety test, if any; a copy of the crash report, if any;
2253	and the notice of suspension. The failure of the officer to
2254	submit materials within the 5-day period specified in this
2255	subsection and in subsection (1) shall not affect the
2256	department's ability to consider any evidence submitted at or
2257	prior to the hearing. The officer may also submit a copy of a
2258	videotape of the field sobriety test or the attempt to
2259	administer such test. Materials submitted to the department by a
2260	law enforcement agency or correctional agency shall be
2261	considered self-authenticating and shall be in the record for
2262	consideration by the hearing officer. Notwithstanding s.
2263	316.066(4), the crash report shall be considered by the hearing
2264	officer.
2265	(3)  If the department determines that the license of the
2266	person arrested should be suspended pursuant to this section and
2267	if the notice of suspension has not already been served upon the
2268	person by a law enforcement officer or correctional officer as
2269	provided in subsection (1), the department shall issue a notice
2270	of suspension and, unless the notice is mailed pursuant to s.
2271	322.251, a temporary permit that which expires 10 days after the
2272	date of issuance if the driver is otherwise eligible.
2273	(4)  If the person whose license is suspended arrested
2274	requests an informal review pursuant to subparagraph (1)(b)3.,
2275	the department shall conduct the informal review by a hearing
2276	officer employed by the department. Such informal review hearing
2277	shall consist solely of an examination by the department of the
2278	materials submitted by a law enforcement officer or correctional
2279	officer and by the person whose license is suspended arrested,
2280	and the presence of an officer or witness is not required.
2281	(5)  After completion of the informal review, notice of the
2282	department's decision sustaining, amending, or invalidating the
2283	suspension of the person's driver's license of the person
2284	arrested must be provided to such person. Such notice must be
2285	mailed to the person at the last known address shown on the
2286	department's records, or to the address provided in the law
2287	enforcement officer's report if such address differs from the
2288	address of record, within 21 days after the expiration of the
2289	temporary permit issued pursuant to subsection (1) or subsection
2290	(3).
2291	(6)(a)  If the person whose license is suspended arrested
2292	requests a formal review, the department must schedule a hearing
2293	to be held within 30 days after such request is received by the
2294	department and must notify the person of the date, time, and
2295	place of the hearing.
2296	(b)  Such formal review hearing shall be held before a
2297	hearing officer employed by the department, and the hearing
2298	officer shall be authorized to administer oaths, examine
2299	witnesses and take testimony, receive relevant evidence, issue
2300	subpoenas for the officers and witnesses identified in documents
2301	provided in subsection (2), regulate the course and conduct of
2302	the hearing, question witnesses, and make a ruling on the
2303	suspension. The department and the person arrested may subpoena
2304	witnesses, and the party requesting the presence of a witness
2305	shall be responsible for the payment of any witness fees and for
2306	notifying in writing the state attorney's office in the
2307	appropriate circuit of the issuance of the subpoena. If the
2308	person who requests a formal review hearing fails to appear and
2309	the hearing officer finds such failure to be without just cause,
2310	the right to a formal hearing is waived and the suspension shall
2311	be sustained.
2312	(7)  In a formal review hearing under subsection (6) or an
2313	informal review hearing under subsection (4), the hearing
2314	officer shall determine by a preponderance of the evidence
2315	whether sufficient cause exists to sustain, amend, or invalidate
2316	the suspension. The scope of the review shall be limited to the
2317	following issues:
2318	(a)  If the license was suspended for driving with an
2319	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2320	higher in violation of s. 316.193:
2321	1.  Whether the arresting law enforcement officer had
2322	probable cause to believe that the person whose license is
2323	suspended was driving or in actual physical control of a motor
2324	vehicle in this state while under the influence of alcoholic
2325	beverages or chemical or controlled substances.
2326	2.  Whether the person was placed under lawful arrest for a
2327	violation of s. 316.193.
2328	2.3.  Whether the person whose license is suspended had an
2329	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2330	higher as provided in s. 316.193.
2331	(b)  If the license was suspended for refusal to submit to
2332	a breath, blood, or urine test:
2333	1.  Whether the arresting law enforcement officer had
2334	probable cause to believe that the person whose license is
2335	suspended was driving or in actual physical control of a motor
2336	vehicle in this state while under the influence of alcoholic
2337	beverages or chemical or controlled substances.
2338	2.  Whether the person was placed under lawful arrest for a
2339	violation of s. 316.193.
2340	2.3.  Whether the person whose license is suspended refused
2341	to submit to any such test after being requested to do so by a
2342	law enforcement officer or correctional officer.
2343	3.4.  Whether the person whose license is suspended was
2344	told that if he or she refused to submit to such test his or her
2345	privilege to operate a motor vehicle would be suspended for a
2346	period of 1 year or, in the case of a second or subsequent
2347	refusal, for a period of 18 months.
2348	(8)  Based on the determination of the hearing officer
2349	pursuant to subsection (7) for both informal hearings under
2350	subsection (4) and formal hearings under subsection (6), the
2351	department shall:
2352	(a)  Sustain the suspension of the person's driving
2353	privilege for a period of 1 year for a first refusal, or for a
2354	period of 18 months if the driving privilege of such person has
2355	been previously suspended as a result of a refusal to submit to
2356	such tests, if the arrested person refused to submit to a lawful
2357	breath, blood, or urine test. The suspension period commences on
2358	the date of the arrest or issuance of the notice of suspension,
2359	whichever is later.
2360	(b)  Sustain the suspension of the person's driving
2361	privilege for a period of 6 months for a blood-alcohol level or
2362	breath-alcohol level of 0.08 or higher violation of s. 316.193,
2363	or for a period of 1 year if the driving privilege of such
2364	person has been previously suspended under this section as a
2365	result of driving with an unlawful blood-alcohol level or
2366	breath-alcohol level a violation of s. 316.193. The suspension
2367	period commences on the date of the arrest or issuance of the
2368	notice of suspension, whichever is later.
2369	(10)  A person whose driver's license is suspended under
2370	subsection (1) or subsection (3) may apply for issuance of a
2371	license for business or employment purposes only if the person
2372	is otherwise eligible for the driving privilege pursuant to s.
2373	322.271.
2374	(b)  If the suspension of the person's driver's license of
2375	the person arrested for a violation of s. 316.193, relating to
2376	an unlawful blood-alcohol level or breath-alcohol level of 0.08
2377	or higher, is sustained, the person is not eligible to receive a
2378	license for business or employment purposes only pursuant to s.
2379	322.271 until 30 days have elapsed after the expiration of the
2380	last temporary permit issued. If the driver is not issued a 10-
2381	day permit pursuant to this section or s. 322.64 because he or
2382	she is ineligible for the permit and the suspension for a
2383	violation of s. 316.193, relating to an unlawful blood-alcohol
2384	level or breath-alcohol level of 0.08 or higher, is not
2385	invalidated by the department, the driver is not eligible to
2386	receive a business or employment license pursuant to s. 322.271
2387	until 30 days have elapsed from the date of the suspension
2388	arrest.
2389	(13)  A person may appeal any decision of the department
2390	sustaining a suspension of his or her driver's license by a
2391	petition for writ of certiorari to the circuit court in the
2392	county wherein such person resides or wherein a formal or
2393	informal review was conducted pursuant to s. 322.31. However, an
2394	appeal shall not stay the suspension. A law enforcement agency
2395	may appeal any decision of the department invalidating a
2396	suspension by a petition for writ of certiorari to the circuit
2397	court in the county where a formal or informal review was
2398	conducted. This subsection shall not be construed to provide for
2399	a de novo appeal.
2400	(14)(a)  The decision of the department under this section
2401	or any circuit court review thereof may not be considered in any
2402	trial for a violation of s. 316.193, and a written statement
2403	submitted by a person in his or her request for departmental
2404	review under this section may not be admitted into evidence
2405	against him or her in any such trial.
2406	(b)  The disposition of any related criminal proceedings
2407	does not affect a suspension for refusal to submit to a blood,
2408	breath, or urine test, authorized by s. 316.1932 or s. 316.1933,
2409	imposed under this section.
2410	Section 46.  Paragraph (d) of subsection (3) of section
2411	322.27, Florida Statutes, is amended, and paragraph (j) is added
2412	to that subsection, to read:
2413	322.27  Authority of department to suspend or revoke
2414	license.--
2415	(3)  There is established a point system for evaluation of
2416	convictions of violations of motor vehicle laws or ordinances,
2417	and violations of applicable provisions of s. 403.413(6)(b) when
2418	such violations involve the use of motor vehicles, for the
2419	determination of the continuing qualification of any person to
2420	operate a motor vehicle. The department is authorized to suspend
2421	the license of any person upon showing of its records or other
2422	good and sufficient evidence that the licensee has been
2423	convicted of violation of motor vehicle laws or ordinances, or
2424	applicable provisions of s. 403.413(6)(b), amounting to 12 or
2425	more points as determined by the point system. The suspension
2426	shall be for a period of not more than 1 year.
2427	(d)  The point system shall have as its basic element a
2428	graduated scale of points assigning relative values to
2429	convictions of the following violations:
2430	1.  Reckless driving, willful and wanton--4 points.
2431	2.  Leaving the scene of a crash resulting in property
2432	damage of more than $50--6 points.
2433	3.  Unlawful speed resulting in a crash--6 points.
2434	4.  Passing a stopped school bus--4 points.
2435	5.  Unlawful speed:
2436	a.  Not in excess of 15 miles per hour of lawful or posted
2437	speed--3 points.
2438	b.  In excess of 15 miles per hour but not in excess of 30
2439	miles per hour of lawful or posted speed--4 points.
2440	c.  In excess of 30 miles per hour of lawful or posted
2441	speed--6 points.
2442	6.a.  A violation of a traffic control signal device as
2443	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
2444	b.  A violation of a traffic control signal device as
2445	provided in s. 316.074(1) or s. 316.075(1)(c)1. resulting in a
2446	crash--6 points.
2447	7.  All other moving violations (including parking on a
2448	highway outside the limits of a municipality)--3 points.
2449	However, no points shall be imposed for a violation of s.
2450	316.0741 or s. 316.2065(12).
2451	8.  Any moving violation covered above, excluding unlawful
2452	speed, resulting in a crash--4 points.
2453	9.  Any conviction under s. 403.413(6)(b)--3 points.
2454	10.  Any conviction under s. 316.0775(2)--4 points.
2455	(j)  For purposes of sub-subparagraph (d)5.c., the term
2456	"conviction" means a finding of guilt, with or without
2457	adjudication of guilt, as a result of a jury verdict, nonjury
2458	trial, or entry of a plea of guilty or nolo contendere,
2459	notwithstanding s. 318.14(11).
2460	Section 47.  Except as otherwise expressly provided in this
2461	act, and except for this section, which shall take effect upon
2462	this act becoming a law, this act shall take effect October 1,
2463	2006.

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