HB 7079

1	A bill to be entitled
2	An act relating to the Department of Highway Safety and
3	Motor Vehicles; amending s. 207.008, F.S.; revising
4	requirements for motor carriers to retain certain records
5	as required by the Department of Highway Safety and Motor
6	Vehicles for tax purposes; amending s. 207.021, F.S.;
7	authorizing the department to adopt rules establishing
8	informal conferences to resolve disputes with motor
9	carriers arising from the assessment of taxes, penalties,
10	or interest or the denial of refunds; specifying certain
11	rights of the motor carrier; providing for closing
12	agreements to settle or compromise the taxpayer's
13	liability; providing conditions for settlement or
14	compromise; authorizing installment payment to settle
15	liability; amending s. 261.10, F.S.; limiting liability of
16	state agencies, water management districts, counties, and
17	municipalities, and officers and employees thereof,
18	providing off-highway vehicle recreation areas; creating
19	s. 261.20, F.S.; authorizing operation of off-highway
20	vehicles on public lands; providing requirements for
21	operation by certain minors; requiring supervision, a
22	certificate of completion of a safety education course,
23	and certain safety equipment; providing exceptions;
24	requiring approval by the Department of Agriculture and
25	Consumer Services of the courses; requiring certain
26	equipment on off-highway vehicles; providing for
27	exceptions to equipment requirements by rule of the
28	department; prohibiting certain acts; providing penalties;
29	providing exemptions; amending s. 316.003, F.S.; revising
30	the definition of "saddle mount" to provide for a full
31	mount; amending s. 316.0085, F.S.; revising provisions for
32	risks of certain activities on government-owned property
33	to include mountain and off-road bicycling; revising
34	definitions; providing for limitations on liability of the
35	governmental entity; providing exceptions to the
36	limitations; providing for assumption of risks by the
37	person engaged in the activity; providing responsibilities
38	of the participants; amending s. 316.1001, F.S.; revising
39	procedures for disposition of citations issued for failure
40	to pay a toll; providing for violations involving leased
41	vehicles; amending s. 316.1955, F.S.; providing for
42	responsibility for certain parking violations involving
43	leased vehicles; amending s. 316.2015, F.S.; revising
44	restrictions on riding on the exterior of a vehicle;
45	removing an exception; providing exceptions to
46	restrictions on riding in areas of a vehicle not intended
47	for passengers; prohibiting certain minors from riding in
48	the open body of certain trucks on limited access
49	highways; providing exceptions; providing for a county
50	governing body to exempt the county from the prohibition;
51	providing penalties; amending s. 316.2095, F.S.; deleting
52	a requirement that certain motorcycles be equipped with
53	passenger handholds; amending s. 316.211, F.S.; requiring
54	motorcycles registered to certain persons to display a
55	license plate that is unique in design and color;
56	providing penalties; creating s. 316.2123, F.S.;
57	prohibiting operation of all-terrain vehicles on public
58	roads and streets; providing an exception for operation on
59	described roadways; providing conditions; requiring the
60	operator to provide proof of ownership to a law
61	enforcement officer; providing for a local government to
62	restrict such operation; amending s. 316.2125, F.S.;
63	providing for a local governmental entity to enact an
64	ordinance regarding golf cart operation and equipment that
65	is more restrictive than specified provisions; limiting
66	application of such ordinance to unlicensed drivers;
67	creating s. 316.2128, F.S.; providing notice requirements
68	for commercial sale of motorized scooters and miniature
69	motorcycles; providing a definition; providing that a
70	violation of the notice requirements is an unfair and
71	deceptive trade practice; amending s. 316.221, F.S.;
72	providing an exemption from certain taillamp requirements
73	for dump trucks and vehicles with dump bodies; amending s.
74	316.302, F.S.; updating reference to federal commercial
75	motor vehicle regulations; revising hours-of-service
76	requirements for certain intrastate motor carriers;
77	revising conditions for an exemption from commercial
78	driver license requirements; revising weight requirements
79	for application of certain exceptions to specified federal
80	regulations and to operation of certain commercial motor
81	vehicles by persons of a certain age; amending s. 316.515,
82	F.S.; authorizing the Department of Transportation to
83	issue overwidth permits for certain implements of
84	husbandry; authorizing certain uses of forestry equipment;
85	providing width and speed limitations; requiring such
86	vehicles to be operated during daylight hours and in
87	accordance with specified safety requirements; revising
88	length and mount requirements for automobile towaway and
89	driveaway operations; authorizing saddle mount
90	combinations to include one full mount; requiring saddle
91	mount combinations to comply with specified safety
92	regulations; amending s. 318.14, F.S.; providing
93	exceptions to procedures for disposition of citations for
94	certain traffic violations; removing the option for
95	certain offenders to attend driver improvement school;
96	amending s. 318.143, F.S.; revising provisions for court-
97	imposed sanctions on a minor for specified traffic
98	violations; authorizing a court to require a minor and his
99	or her parents or guardian to participate in a registered
100	youthful driver monitoring service; creating s. 318.1435,
101	F.S.; providing for youthful driver monitoring services;
102	providing for registration with the Department of Highway
103	Safety and Motor Vehicles; amending s. 318.18, F.S.;
104	revising penalty provisions to provide for certain
105	criminal penalties; providing increased penalties for
106	certain speed limit violations; defining "conviction" for
107	specified purposes; increasing penalties for violations of
108	vehicle load requirements; amending s. 318.19, F.S.;
109	requiring mandatory hearings for certain speed limit
110	violations; amending s. 318.32, F.S.; revising the powers
111	of civil traffic infraction hearing officers; amending s.
112	320.02, F.S.; requiring proof of required endorsement on a
113	driver license as a condition for original registration of
114	a motorcycle, motor-driven cycle, or moped; amending s.
115	320.03, F.S.; revising the requirement to withhold
116	issuance of a license plate or revalidation sticker from
117	certain persons to exempt the owner of a leased vehicle
118	when that vehicle is registered in the name of the lessee;
119	amending s. 320.07, F.S.; providing for responsibility for
120	certain registration violations when the motor vehicle
121	involved is leased and registered in the name of the
122	lessee; amending s. 320.0706, F.S.; revising requirements
123	for display of license plates; providing display
124	requirements for dump trucks; prohibiting display in such
125	a manner that the letters and numbers and their proper
126	sequence are not readily identifiable; amending s.
127	320.08056, F.S.; establishing an annual use fee for the
128	Future Farmers of America license plate; amending s.
129	320.08058, F.S.; revising provisions for distribution of
130	revenues received from the sale of Sportsmen's National
131	Land Trust license plates; creating the Future Farmers of
132	America license plate and providing for use of funds
133	received from the sale of the plates; amending s.
134	320.0807, F.S.; providing for license plates for
135	legislative presiding officers; amending s. 320.089, F.S.;
136	providing for Operation Iraqi Freedom and Operation
137	Enduring Freedom license plates for qualified military
138	personnel; amending s. 320.27, F.S.; revising motor
139	vehicle dealer licensing requirements; revising certain
140	training provisions; correcting terminology; correcting a
141	cross-reference; providing for denial, suspension, or
142	revocation of a license for failure to register a mobile
143	home salesperson; amending s. 320.405, F.S.; authorizing
144	the department to enter into agreements to schedule
145	payments to settle certain liabilities under the
146	International Registration Plan; amending s. 320.77, F.S.;
147	revising mobile home dealer license requirements; defining
148	"mobile home salesperson"; requiring licensees to register
149	salespersons; providing registration criteria and
150	procedures; requiring the licensee to report salesperson
151	separation from employment to the department; amending s.
152	320.781, F.S.; revising criteria for use of funds in the
153	Mobile Home and Recreational Vehicle Protection Trust Fund
154	to settle a judgment or claim against a mobile home or
155	recreational vehicle dealer or broker for damages,
156	restitution, or expenses; revising conditions for filing a
157	claim and for receiving payment; revising application
158	provisions; amending s. 322.01, F.S.; revising the
159	definition of "driver's license"; defining "identification
160	card," "temporary driver's license," and "temporary
161	identification card"; amending s. 322.05, F.S.; revising
162	requirements for a person who has not attained 18 years of
163	age to be issued a driver license; amending s. 322.051,
164	F.S.; revising the age requirement for issuance of an
165	identification card; revising criteria for proof of the
166	identity and status of an applicant for an identification
167	card; revising the period of issuance for certain
168	temporary identification cards; amending s. 322.08, F.S.;
169	revising criteria for proof of the identity and status of
170	an applicant for a driver license; revising the period of
171	issuance for certain temporary driver licenses or permits;
172	amending s. 322.12, F.S.; requiring all first-time
173	applicants for licensure to operate a motorcycle to
174	provide proof of completion of a motorcycle safety course;
175	amending s. 322.121, F.S.; revising periodic license
176	examination requirements; providing for such testing of
177	applicants for renewal of a license under provisions
178	requiring an endorsement permitting the applicant to
179	operate a tank vehicle transporting hazardous materials;
180	amending s. 322.2615, F.S.; revising provisions for
181	suspension of driver licenses and review of suspension by
182	the department; revising procedures; revising terms of
183	suspension; revising validity of temporary permit issued;
184	revising criteria for notice of the suspension; revising
185	requirements for information provided by the officer to
186	the department; providing that certain materials shall be
187	considered self-authenticating and available to a hearing
188	officer; revising authority of the hearing officer to
189	subpoena and question witnesses; revising provisions for
190	review of the suspension; removing provision for the
191	department and the person arrested to subpoena witnesses;
192	revising provisions for the scope of a review of the
193	suspension; revising duties of the department upon a
194	determination by the hearing officer; revising provisions
195	for issuance of a license for business or employment
196	purposes only; providing for appeal by a law enforcement
197	agency of a department decision invalidating a suspension;
198	providing that the court review may not be used in a trial
199	for driving under the influence; amending s. 322.27, F.S.;
200	providing for an increase in driver license points
201	assessed for certain speed limit violations and for
202	traffic control signal device violations resulting in a
203	crash; defining "conviction" for specified purposes;
204	amending s. 320.08056, F.S.; exempting collegiate license
205	plates from the requirement for maintaining a specified
206	number of license plate registrations; amending s.
207	316.172, F.S.; providing for school bus stop zones;
208	prohibiting exceeding the posted speed limit within such
209	zones; providing penalties; amending s. 318.18, F.S.;
210	providing a penalty for exceeding the posted speed limit
211	in a school bus stop zone by a certain speed; providing a
212	short title; amending s. 316.006, F.S.; authorizing the
213	board of directors of a homeowner's association to provide
214	for local law enforcement agencies to enforce state
215	traffic laws on private roads that are controlled by the
216	association; amending s. 318.1215, F.S.; increasing the
217	amount of a local option surcharge on traffic penalties;
218	amending s. 318.15, F.S.; providing for the collection of
219	certain service charges by authorized driver licensing
220	agents; amending s. 320.08056, F.S.; exempting collegiate
221	license plates from the requirement for maintaining a
222	specified number of license plate registrations; amending
223	s. 322.02, F.S.; revising legislative intent provisions to
224	include references to county constitutional officers
225	providing driver licensing services; amending s. 322.135,
226	F.S.; authorizing the department to contract with any
227	county constitutional officer for driver license services
228	in counties where the tax collector is not elected or does
229	not provide the services; amending s. 627.733, F.S.;
230	revising security requirements for certain vehicles;
231	amending s. 324.032, F.S.; revising financial
232	responsibility requirements for certain for-hire vehicles;
233	directing the department to study the outsourcing of its
234	driver license services to a provider or other
235	governmental agency, in whole or in part, while retaining
236	responsibility and accountability for the services;
237	requiring that the department submit a report to the
238	Governor and Legislature by a specified date; providing
239	requirements for the department with respect to issues to
240	be included in the study; requiring a cost-benefit
241	analysis and a transition and implementation plan;
242	providing effective dates.
243
244	Be It Enacted by the Legislature of the State of Florida:
245
246	Section 1.  Section 207.008, Florida Statutes, is amended
247	to read:
248	207.008  Retention of records by motor carrier.--Each
249	registered motor carrier shall maintain and keep pertinent
250	records and papers as may be required by the department for the
251	reasonable administration of this chapter and shall preserve the
252	records upon which each quarterly tax return is based for 4
253	years after the due date or filing date of the return, whichever
254	is later such records as long as required by s. 213.35.
255	Section 2.  Section 207.021, Florida Statutes, is amended
256	to read:
257	207.021  Informal conferences; settlement or compromise of
258	taxes, penalties, or interest.--The department may settle or
259	compromise, pursuant to s. 213.21, penalties or interest imposed
260	under this chapter.
261	(1)(a)  The department may adopt rules pursuant to ss.
262	120.536(1) and 120.54 for establishing informal conferences to
263	resolve disputes arising from the assessment of taxes,
264	penalties, or interest or the denial of refunds.
265	(b)  During any proceeding arising under this section, the
266	motor carrier has the right to be represented at and record all
267	proceedings at the motor carrier's expense.
268	(2)(a)  The executive director of the department or his or
269	her designee is authorized to enter into closing agreements with
270	any taxpayer settling or compromising the taxpayer's liability
271	for any tax, interest, or penalty assessed under this chapter.
272	The agreement shall be in writing and must be in the form of a
273	closing agreement approved by the department and signed by the
274	executive director or his or her designee. The agreement shall
275	be final and conclusive except upon a showing of material fraud
276	or misrepresentation of material fact. No additional assessment
277	may be made by the department against the taxpayer for the tax,
278	interest, or penalty specified in the closing agreement for the
279	time specified in the closing agreement, and the taxpayer shall
280	not be entitled to institute any judicial or administrative
281	proceeding to recover any tax, interest, or penalty paid
282	pursuant to the closing agreement. The executive director or his
283	or her designee is authorized to approve any such closing
284	agreement.
285	(b)  Notwithstanding the provisions of paragraph (a), for
286	the purpose of settling and compromising the liability of any
287	taxpayer for tax or interest on the grounds of doubt as to
288	liability based on the taxpayer's reasonable reliance on a
289	written determination issued by the department, the department
290	may compromise the amount of such tax or interest resulting from
291	such reasonable reliance.
292	(3)  A taxpayer's liability for any tax or interest
293	specified in this chapter may be compromised by the department
294	upon the grounds of doubt as to liability for or the ability to
295	collect such tax or interest. Doubt as to the liability of a
296	taxpayer for tax and interest exists if the taxpayer
297	demonstrates that he or she reasonably relied on a written
298	determination of the department.
299	(4)  A taxpayer's liability for any tax or interest under
300	this chapter shall be settled or compromised in whole or in part
301	whenever or to the extent allowable under the International Fuel
302	Tax Agreement Articles of Agreement.
303	(5)  A taxpayer's liability for penalties under this
304	chapter may be settled or compromised if it is determined by the
305	department that the noncompliance is due to reasonable cause and
306	not to willful negligence, willful neglect, or fraud.
307	(6)  The department is authorized to enter into agreements
308	for scheduling payments of taxes, penalties, and interest due to
309	the department as a result of audit assessments issued under
310	this chapter.
311	Section 3.  Effective July 1, 2008, section 261.10, Florida
312	Statutes, is amended to read:
313	261.10  Criteria for recreation areas and trails;
314	limitation on liability.--
315	(1)  Publicly owned or operated off-highway vehicle
316	recreation areas and trails shall be designated and maintained
317	for recreational travel by off-highway vehicles. These areas and
318	trails need not be generally suitable or maintained for normal
319	travel by conventional two-wheel-drive vehicles and should not
320	be designated as recreational footpaths. State off-highway
321	vehicle recreation areas and trails must be selected and managed
322	in accordance with this chapter.
323	(2)  State agencies, water management districts, counties,
324	and municipalities, and officers and employees thereof, that
325	provide off-highway recreation areas and trails on publicly
326	owned land shall not be liable for damage to personal property
327	or personal injury or death to any person resulting from
328	participation in the inherently dangerous risks of off-highway
329	vehicle recreation. This subsection does not limit liability
330	that would otherwise exist for an act of gross negligence by the
331	state agency, water management district, county, or
332	municipality, or officer or employee thereof, that is the
333	proximate cause of the damage, injury, or death. Nothing in this
334	subsection creates a duty of care or basis of liability for
335	death, personal injury, or damage to personal property, nor
336	shall anything in this subsection be deemed to be a waiver of
337	sovereign immunity under any circumstances.
338	Section 4.  Effective July 1, 2008, section 261.20, Florida
339	Statutes, is created to read:
340	261.20  Operation of off-highway vehicles on public lands;
341	restrictions; safety courses; required equipment; prohibited
342	acts; penalties.--
343	(1)  This section applies only to the operation of off-
344	highway vehicles on public lands.
345	(2)  Any person operating an off-highway vehicle as
346	permitted in this section who has not attained 16 years of age
347	must be supervised by an adult while operating the off-highway
348	vehicle.
349	(3)  Effective July 1, 2008, while operating an off-highway
350	vehicle, a person who has not attained 16 years of age must have
351	in his or her possession a certificate evidencing the
352	satisfactory completion of an approved off-highway vehicle
353	safety education course in this state or another jurisdiction. A
354	nonresident who has not attained 16 years of age and who is in
355	this state temporarily for a period not to exceed 30 days is
356	exempt from this subsection. Nothing contained in this chapter
357	shall prohibit an agency from requiring additional safety
358	education courses for all operators.
359	(4)(a)  The department shall approve all off-highway
360	vehicle public safety education courses required by this chapter
361	as a condition for operating on public lands.
362	(b)  An off-highway vehicle must be equipped with a spark
363	arrester that is approved by the United States Department of
364	Agriculture Forest Service, a braking system, and a muffler, all
365	in operating condition.
366	(c)  On and after July 1, 2008, off-highway vehicles
367	operating pursuant to this chapter shall be equipped with a
368	silencer or other device that limits sound emissions. Exhaust
369	noise must not exceed 96 decibels in the A-weighting scale for
370	vehicles manufactured after January 1, 1986, or 99 decibels in
371	the A-weighting scale for vehicles manufactured before January
372	1, 1986, when measured from a distance of 20 inches using test
373	procedures established by the Society of Automotive Engineers
374	under Standard J-1287. Prior to the sale to the general public
375	in this state of any new off-highway vehicle model manufactured
376	after January 1, 2008, off-highway vehicle manufacturers or
377	their agents shall provide to the department revolutions-per-
378	minute data needed to conduct the J-1287 test, where applicable.
379	(d)  An off-highway vehicle that is operated between sunset
380	and sunrise or when visibility is reduced because of rain,
381	smoke, or smog must display a lighted headlamp and taillamp
382	unless the use of such lights is prohibited by other laws, such
383	as a prohibition on the use of lights when hunting at night.
384	(e)  An off-highway vehicle that is used in certain
385	organized and sanctioned competitive events being held on a
386	closed course may be exempted by department rule from any
387	equipment requirement in this subsection.
388	(5)  It is a violation of this section:
389	(a)  To carry a passenger on an off-highway vehicle unless
390	the machine is specifically designed by the manufacturer to
391	carry an operator and a single passenger.
392	(b)  To operate an off-highway vehicle while under the
393	influence of alcohol, a controlled substance, or any
394	prescription or over-the-counter drug that impairs vision or
395	motor function.
396	(c)  For a person who has not attained 16 years of age to
397	operate an off-highway vehicle without wearing eye protection,
398	over-the-ankle boots, and a safety helmet that is approved by
399	the United States Department of Transportation or Snell Memorial
400	Foundation.
401	(d)  To operate an off-highway vehicle in a careless or
402	reckless manner that endangers or causes injury or damage to
403	another person or property.
404	(6)  Any person who violates this section commits a
405	noncriminal infraction, is subject to a fine of not less than
406	$100, and may have his or her privilege to operate an ATV on
407	public lands revoked. However, a person who commits such acts
408	with intent to defraud or who commits a second or subsequent
409	violation is subject to a fine of not less than $500 and may
410	have his or her privilege to operate an ATV on public lands
411	revoked.
412	(7)  Public land managing agencies, through the course of
413	their management activities, are exempt from the provisions of
414	paragraph (5)(a).
415	Section 5.  Subsection (43) of section 316.003, Florida
416	Statutes, is amended to read:
417	316.003  Definitions.--The following words and phrases,
418	when used in this chapter, shall have the meanings respectively
419	ascribed to them in this section, except where the context
420	otherwise requires:
421	(43)  SADDLE MOUNT; FULL MOUNT.--An arrangement whereby the
422	front wheels of one vehicle rest in a secured position upon
423	another vehicle. All of the wheels of the towing vehicle are
424	upon the ground and only the rear wheels of the towed vehicle
425	rest upon the ground. Such combinations may include one full
426	mount, whereby a smaller transport vehicle is placed completely
427	on the last towed vehicle.
428	Section 6.  Subsections (1) through (7) of section
429	316.0085, Florida Statutes, are amended to read:
430	316.0085  Skateboarding; inline skating; freestyle or
431	mountain and off-road bicycling; paintball; definitions;
432	liability.--
433	(1)  The purpose of this section is to encourage
434	governmental owners or lessees of property to make land
435	available to the public for skateboarding, inline skating,
436	paintball, and freestyle or mountain and off-road bicycling. It
437	is recognized that governmental owners or lessees of property
438	have failed to make property available for such activities
439	because of the exposure to liability from lawsuits and the
440	prohibitive cost of insurance, if insurance can be obtained for
441	such activities. It is also recognized that risks and dangers
442	are inherent in these activities, which risks and dangers should
443	be assumed by those participating in such activities.
444	(2)  As used in this section, the term:
445	(a)  "Governmental entity" means:
446	1.  The United States, the State of Florida, any county or
447	municipality, or any department, agency, or other
448	instrumentality thereof.
449	2.  Any school board, special district, authority, or other
450	entity exercising governmental authority.
451	(b)  "Inherent risk" means those dangers or conditions that
452	are characteristic of, intrinsic to, or an integral part of
453	skateboarding, inline skating, paintball, and freestyle or
454	mountain and off-road bicycling.
455	(3)  This section does not grant authority or permission
456	for a person to engage in skateboarding, inline skating,
457	paintball, or freestyle or mountain and off-road bicycling on
458	property owned or controlled by a governmental entity unless
459	such governmental entity has specifically designated such area
460	for skateboarding, inline skating, paintball, or freestyle or
461	mountain and off-road bicycling. Each governmental entity shall
462	post a rule in each specifically designated area that identifies
463	all authorized activities and indicates that a child under 17
464	years of age may not engage in any of those activities until the
465	governmental entity has obtained written consent, in a form
466	acceptable to the governmental entity, from the child's parents
467	or legal guardians.
468	(4)  A governmental entity or public employee is not liable
469	to any person who voluntarily participates in skateboarding,
470	inline skating, paintball, or freestyle or mountain and off-road
471	bicycling for any damage or injury to property or persons that
472	which arises out of a person's participation in such activity,
473	and that which takes place in an area designated for such
474	activity.
475	(5)  This section does not limit liability that would
476	otherwise exist for any of the following:
477	(a)  The failure of the governmental entity or public
478	employee to guard against or warn of a dangerous condition of
479	which a participant does not and cannot reasonably be expected
480	to have notice.
481	(b)  An act of gross negligence by the governmental entity
482	or public employee that is the proximate cause of the injury.
483	(c)  The failure of a governmental entity that provides a
484	designated area for skateboarding, inline skating, paintball, or
485	freestyle or mountain and off-road bicycling to obtain the
486	written consent, in a form acceptable to the governmental
487	entity, from the parents or legal guardians of any child under
488	17 years of age before authorizing such child to participate in
489	skateboarding, inline skating, paintball, or freestyle or
490	mountain and off-road bicycling in such designated area, unless
491	that child's participation is in violation of posted rules
492	governing the authorized use of the designated area, except that
493	a parent or legal guardian must demonstrate that written consent
494	to engage in mountain or off-road bicycling in a designated area
495	was provided to the governmental entity prior to entering the
496	designated area.
497
498	Nothing in this subsection creates a duty of care or basis of
499	liability for death, personal injury, or damage to personal
500	property. Nothing in this section shall be deemed to be a waiver
501	of sovereign immunity under any circumstances.
502	(6)  Nothing in this section shall limit the liability of
503	an independent concessionaire, or any person or organization
504	other than a governmental entity or public employee, whether or
505	not the person or organization has a contractual relationship
506	with a governmental entity to use the public property, for
507	injuries or damages suffered in any case as a result of the
508	operation of skateboards, inline skates, paintball equipment, or
509	freestyle or mountain and off-road bicycles on public property
510	by the concessionaire, person, or organization.
511	(7)(a)  Any person who participates in or assists in
512	skateboarding, inline skating, paintball, or freestyle or
513	mountain and off-road bicycling assumes the known and unknown
514	inherent risks in these activities irrespective of age, and is
515	legally responsible for all damages, injury, or death to himself
516	or herself or other persons or property that results which
517	result from these activities. Any person who observes
518	skateboarding, inline skating, paintball, or freestyle or
519	mountain and off-road bicycling assumes the known and unknown
520	inherent risks in these activities irrespective of age, and is
521	legally responsible for all damages, injury, or death to himself
522	or herself that results which result from these activities. A
523	governmental entity that sponsors, allows, or permits
524	skateboarding, inline skating, paintball, or freestyle or
525	mountain and off-road bicycling on its property is not required
526	to eliminate, alter, or control the inherent risks in these
527	activities.
528	(b)  While engaged in skateboarding, inline skating,
529	paintball, or freestyle or mountain and off-road bicycling,
530	irrespective of where such activities occur, a participant is
531	responsible for doing all of the following:
532	1.  Acting within the limits of his or her ability and the
533	purpose and design of the equipment used.
534	2.  Maintaining control of his or her person and the
535	equipment used.
536	3.  Refraining from acting in any manner that which may
537	cause or contribute to death or injury of himself or herself, or
538	other persons.
539
540	Failure to comply with the requirements of this paragraph shall
541	constitute negligence.
542	Section 7.  Paragraphs (b) and (c) of subsection (2) of
543	section 316.1001, Florida Statutes, are amended to read:
544	316.1001  Payment of toll on toll facilities required;
545	penalties.--
546	(2)
547	(b)  A citation issued under this subsection may be issued
548	by mailing the citation by first class mail, or by certified
549	mail, return receipt requested, to the address of the registered
550	owner of the motor vehicle involved in the violation or, if a
551	leased motor vehicle is involved in the violation and is
552	registered in the name of the lessee, to the address of the
553	registered lessee of such motor vehicle. Mailing the citation to
554	this address constitutes notification. In the case of joint
555	ownership of a motor vehicle, the traffic citation must be
556	mailed to the first name appearing on the registration, unless
557	the first name appearing on the registration is a business
558	organization, in which case the second name appearing on the
559	registration may be used. In the case of a motor vehicle jointly
560	leased and registered in the names of the joint lessees, the
561	traffic citation must be mailed to the first name appearing on
562	the registration, unless the first name appearing on the
563	registration is a business organization, in which case the
564	second name appearing on the registration may be used. A
565	citation issued under this paragraph must be mailed to the
566	registered owner of the motor vehicle involved in the violation
567	or, if a leased motor vehicle is involved in the violation and
568	is registered in the name of the lessee, to the registered
569	lessee of such motor vehicle within 14 days after the date of
570	issuance of the violation. In addition to the citation,
571	notification must be sent to the registered owner of the motor
572	vehicle involved in the violation specifying remedies available
573	under ss. 318.14(12) and 318.18(7) must be sent to the
574	registered owner of the motor vehicle involved in the violation
575	or, if a leased motor vehicle is involved in the violation and
576	is registered in the name of the lessee, to the registered
577	lessee of such motor vehicle.
578	(c)  The owner of the motor vehicle involved in the
579	violation is responsible and liable for payment of a citation
580	issued for failure to pay a toll, unless the owner can establish
581	the motor vehicle was, at the time of the violation, in the
582	care, custody, or control of another person. In order to
583	establish such facts, the owner of the motor vehicle is
584	required, within 14 days after the date of issuance of the
585	citation, to furnish to the appropriate governmental entity an
586	affidavit setting forth:
587	1.  The name, address, date of birth, and, if known, the
588	driver license number of the person who leased, rented, or
589	otherwise had the care, custody, or control of the motor vehicle
590	at the time of the alleged violation; or
591	2.  If stolen, the police report indicating that the
592	vehicle was stolen at the time of the alleged violation.
593
594	Upon receipt of an affidavit the person designated as having
595	care, custody, and control of the motor vehicle at the time of
596	the violation may be issued a citation for failure to pay a
597	required toll. The affidavit shall be admissible in a proceeding
598	pursuant to this section for the purpose of providing that the
599	person identified in the affidavit was in actual care, custody,
600	or control of the motor vehicle. The owner of a leased vehicle
601	for which a citation is issued for failure to pay a toll is not
602	responsible for payment of the citation and is not required to
603	submit an affidavit as specified in this subsection if the motor
604	vehicle involved in the violation is registered in the name of
605	the lessee of such motor vehicle.
606	Section 8.  Paragraph (b) of subsection (1) of section
607	316.1955, Florida Statutes, is amended to read:
608	316.1955  Enforcement of parking requirements for persons
609	who have disabilities.--
610	(1)  It is unlawful for any person to stop, stand, or park
611	a vehicle within, or to obstruct, any such specially designated
612	and marked parking space provided in accordance with s.
613	553.5041, unless the vehicle displays a disabled parking permit
614	issued under s. 316.1958 or s. 320.0848 or a license plate
615	issued under s. 320.084, s. 320.0842, s. 320.0843, or s.
616	320.0845, and the vehicle is transporting the person to whom the
617	displayed permit is issued. The violation may not be dismissed
618	for failure of the marking on the parking space to comply with
619	s. 553.5041 if the space is in general compliance and is clearly
620	distinguishable as a designated accessible parking space for
621	people who have disabilities. Only a warning may be issued for
622	unlawfully parking in a space designated for persons with
623	disabilities if there is no above-grade sign as provided in s.
624	553.5041.
625	(b)  The officer or specialist shall charge the operator or
626	other person in charge of the vehicle in violation with a
627	noncriminal traffic infraction, punishable as provided in s.
628	316.008(4) or s. 318.18(6). The owner of a leased vehicle shall
629	not be responsible for a violation of this section if the
630	vehicle is registered in the name of the lessee.
631	Section 9.  Section 316.2015, Florida Statutes, is amended
632	to read:
633	316.2015  Unlawful for person to ride on exterior of
634	vehicle.--
635	(1)  It is unlawful for any operator of a passenger vehicle
636	to permit any person to ride on the bumper, radiator, fender,
637	hood, top, trunk, or running board of such vehicle when operated
638	upon any street or highway that which is maintained by the
639	state, a county, or a municipality. However, the operator of any
640	vehicle shall not be in violation of this section when such
641	operator permits any person to occupy seats securely affixed to
642	the exterior of such vehicle. Any person who violates the
643	provisions of this subsection shall be cited for a moving
644	violation, punishable as provided in chapter 318.
645	(2)(a)  No person shall ride on any vehicle upon any
646	portion thereof not designed or intended for the use of
647	passengers. This paragraph does not apply to an employee of a
648	fire department, an employee of a governmentally operated solid
649	waste disposal department or a waste disposal service operating
650	pursuant to a contract with a governmental entity, or to a
651	volunteer firefighter when the employee or firefighter is
652	engaged in the necessary discharge of a duty and does not apply
653	to a person who is being transported in response to an emergency
654	by a public agency or pursuant to the direction or authority of
655	a public agency. This provision shall not apply to an employee
656	engaged in the necessary discharge of a duty or to a person or
657	persons riding within truck bodies in space intended for
658	merchandise. Any person who violates the provisions of this
659	paragraph subsection shall be cited for a nonmoving violation,
660	punishable as provided in chapter 318.
661	(b)  It is unlawful for any operator of a pickup truck or
662	flatbed truck to permit a minor child who has not attained 18
663	years of age to ride upon limited access facilities of the state
664	within the open body of a pickup truck or flatbed truck unless
665	the minor is restrained within the open body in the back of a
666	truck that has been modified to include secure seating and
667	safety restraints that would prevent the minor from being
668	thrown, falling, or jumping from the truck. This paragraph does
669	not apply in a medical emergency if the child is accompanied
670	within the truck by an adult. This paragraph does not apply in a
671	county if the governing body of the county, by majority vote,
672	following a duly noticed public hearing, votes to exempt the
673	county from this paragraph. Any person who violates this
674	paragraph shall be cited for a nonmoving violation, punishable
675	as provided in chapter 318.
676	(3)  This section shall not apply to a performer engaged in
677	a professional exhibition or person participating in an
678	exhibition or parade, or any such person preparing to
679	participate in such exhibitions or parades.
680	Section 10.  Subsection (1) of section 316.2095, Florida
681	Statutes, is amended to read:
682	316.2095  Footrests, handholds, and handlebars.--
683	(1)  Any motorcycle carrying a passenger, other than in a
684	sidecar or enclosed cab, shall be equipped with footrests and
685	handholds for such passenger.
686	Section 11.  Effective January 1, 2007, subsection (6) of
687	section 316.211, Florida Statutes, is renumbered as subsection
688	(7), and a new subsection (6) is added to that section, to read:
689	316.211  Equipment for motorcycle and moped riders.--
690	(6)  Motorcycles registered to persons who have not
691	attained 21 years of age shall display a license plate that is
692	unique in design and color.
693	(7)(6)  A violation of this section is a noncriminal
694	traffic infraction, punishable as a nonmoving violation as
695	provided in chapter 318.
696	Section 12.  Section 316.2123, Florida Statutes, is created
697	to read:
698	316.2123  Operation of an ATV on certain roadways.--The
699	operation of an ATV as defined in s. 317.0003 upon the public
700	roads or streets of this state is prohibited, except that an ATV
701	may be operated during the daytime on an unpaved roadway where
702	the posted speed limit is less than 35 miles per hour by a
703	licensed driver or by a minor under the supervision of a
704	licensed driver. When operating on an unpaved roadway, the ATV
705	must be equipped with working headlamps and taillamps. The
706	operator must provide proof of ownership pursuant to chapter 317
707	upon request by a law enforcement officer. A county or
708	municipality may adopt an ordinance that prohibits the operation
709	of an ATV on unpaved public roads or streets notwithstanding the
710	authorization of this section. Notice of such an ordinance shall
711	be given to the public by appropriate signage on the roads or
712	streets affected by the local ordinance.
713	Section 13.  Subsection (3) is added to section 316.2125,
714	Florida Statutes, to read:
715	316.2125  Operation of golf carts within a retirement
716	community.--
717	(3)  A local governmental entity may enact an ordinance
718	regarding golf cart operation and equipment that is more
719	restrictive than those enumerated in this section. Upon
720	enactment of any such ordinance, the local governmental entity
721	shall post appropriate signs or otherwise inform the residents
722	that such an ordinance exists and that it shall be enforced
723	within the local government's jurisdictional territory. An
724	ordinance referred to in this section must apply only to an
725	unlicensed driver.
726	Section 14.  Section 316.2128, Florida Statutes, is created
727	to read:
728	316.2128  Motorized scooters and miniature motorcycles;
729	disclosure requirements for sale.--A person who engages in the
730	business or serves in the capacity of, or acts as, a commercial
731	seller of motorized scooters as defined in s. 316.003(82) or
732	miniature motorcycles in this state must comply with this
733	section. Each such person shall prominently display at his or
734	her place of business a notice that such vehicles are not legal
735	to operate on public roads or sidewalks and may not be
736	registered as motor vehicles. The required notice must also
737	appear in all forms of advertising offering motorized scooters
738	or miniature motorcycles for sale. The notice and a copy of this
739	section must also be provided to a consumer prior to the
740	consumer's purchasing or becoming obligated to purchase a
741	motorized scooter or a miniature motorcycle. For purposes of
742	this section, "miniature motorcycle" means any vehicle that has
743	a seat or saddle for the use of the rider, is designed to travel
744	on not more than three wheels in contact with the ground, and,
745	because of its small size, design, or lack of required safety
746	equipment or other noncompliance with federal regulations, is
747	not eligible for a manufacturer's certificate of origin or for
748	registration as a motorcycle pursuant to chapter 320. Any person
749	selling or offering a motorized scooter or a miniature
750	motorcycle for sale in violation of this section commits an
751	unfair and deceptive trade practice as defined in part II of
752	chapter 501. This section does not apply to motorcycles as
753	defined in chapter 316 or to off-highway vehicles as defined in
754	chapter 317.
755	Section 15.  Subsection (2) of section 316.221, Florida
756	Statutes, is amended to read:
757	316.221  Taillamps.--
758	(2)  Either a taillamp or a separate lamp shall be so
759	constructed and placed as to illuminate with a white light the
760	rear registration plate and render it clearly legible from a
761	distance of 50 feet to the rear. Any taillamp or taillamps,
762	together with any separate lamp or lamps for illuminating the
763	rear registration plate, shall be so wired as to be lighted
764	whenever the headlamps or auxiliary driving lamps are lighted.
765	Dump trucks and vehicles with dump bodies are exempt from the
766	requirements of this subsection.
767	Section 16.  Paragraph (b) of subsection (1), paragraphs
768	(b), (c), (d), (f), and (i) of subsection (2), and subsection
769	(3) of section 316.302, Florida Statutes, are amended to read:
770	316.302  Commercial motor vehicles; safety regulations;
771	transporters and shippers of hazardous materials; enforcement.--
772	(1)
773	(b)  Except as otherwise provided in this section, all
774	owners or drivers of commercial motor vehicles that are engaged
775	in intrastate commerce are subject to the rules and regulations
776	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
777	exception of 49 C.F.R. s. 390.5 as it relates to the definition
778	of bus, as such rules and regulations existed on October 1, 2005
779	2004.
780	(2)
781	(b)  Except as provided in 49 C.F.R. s. 395.1, a person who
782	operates a commercial motor vehicle solely in intrastate
783	commerce not transporting any hazardous material in amounts that
784	require placarding pursuant to 49 C.F.R. part 172 may not drive:
785	1.  More than 12 hours following 10 consecutive hours off
786	duty; or
787	2.  For any period after the end of the 16th hour after
788	coming on duty following 10 consecutive hours off duty is exempt
789	from 49 C.F.R. s. 395.3(a) and (b) and may, after 8 hours' rest,
790	and following the required initial motor vehicle inspection, be
791	permitted to drive any part of the first 15 on-duty hours in any
792	24-hour period, but may not be permitted to operate a commercial
793	motor vehicle after that until the requirement of another 8
794	hours' rest has been fulfilled.
795
796	The provisions of this paragraph do not apply to drivers of
797	utility service vehicles as defined in 49 C.F.R. s. 395.2 public
798	utility vehicles or authorized emergency vehicles during periods
799	of severe weather or other emergencies.
800	(c)  Except as provided in 49 C.F.R. s. 395.1, a person who
801	operates a commercial motor vehicle solely in intrastate
802	commerce not transporting any hazardous material in amounts that
803	require placarding pursuant to 49 C.F.R. part 172 may not drive
804	after having been on duty more than 70 hours in any period of 7
805	consecutive days or more than 80 hours in any period of 8
806	consecutive days if the motor carrier operates every day of the
807	week. Thirty-four be on duty more than 72 hours in any period of
808	7 consecutive days, but carriers operating every day in a week
809	may permit drivers to remain on duty for a total of not more
810	than 84 hours in any period of 8 consecutive days; however, 24
811	consecutive hours off duty shall constitute the end of any such
812	period of 7 or 8 consecutive days. This weekly limit does not
813	apply to a person who operates a commercial motor vehicle solely
814	within this state while transporting, during harvest periods,
815	any unprocessed agricultural products or unprocessed food or
816	fiber that is are subject to seasonal harvesting from place of
817	harvest to the first place of processing or storage or from
818	place of harvest directly to market or while transporting
819	livestock, livestock feed, or farm supplies directly related to
820	growing or harvesting agricultural products. Upon request of the
821	Department of Transportation, motor carriers shall furnish time
822	records or other written verification to that department so that
823	the Department of Transportation can determine compliance with
824	this subsection. These time records must be furnished to the
825	Department of Transportation within 2 10 days after receipt of
826	that department's request. Falsification of such information is
827	subject to a civil penalty not to exceed $100. The provisions of
828	this paragraph do not apply to drivers of public utility service
829	vehicles as defined in 49 C.F.R. s. 395.2 or authorized
830	emergency vehicles during periods of severe weather or other
831	emergencies.
832	(d)  A person who operates a commercial motor vehicle
833	solely in intrastate commerce not transporting any hazardous
834	material in amounts that require placarding pursuant to 49
835	C.F.R. part 172 within a 150 200 air-mile radius of the location
836	where the vehicle is based need not comply with 49 C.F.R. s.
837	395.8, provided the requirements of 49 C.F.R. s.
838	395.1(e)(1)(iii) and (v) are met. If a driver is not released
839	from duty within 12 hours after the driver arrives for duty, the
840	motor carrier must maintain documentation of the driver's
841	driving times throughout the duty period except that time
842	records shall be maintained as prescribed in 49 C.F.R. s.
843	395.1(e)(5).
844	(f)  A person who operates a commercial motor vehicle
845	having a declared gross vehicle weight of less than 26,001
846	26,000 pounds solely in intrastate commerce and who is not
847	transporting hazardous materials in amounts that require
848	placarding pursuant to 49 C.F.R. part 172, or who is
849	transporting petroleum products as defined in s. 376.301, is
850	exempt from subsection (1). However, such person must comply
851	with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.
852	396.3(a)(1) and 396.9.
853	(i)  A person who was a regularly employed driver of a
854	commercial motor vehicle on July 4, 1987, and whose driving
855	record shows no traffic convictions, pursuant to s. 322.61,
856	during the 2-year period immediately preceding the application
857	for the commercial driver's license, and who is otherwise
858	qualified as a driver under 49 C.F.R. part 391, and who operates
859	a commercial vehicle in intrastate commerce only, shall be
860	exempt from the requirements of 49 C.F.R. part 391, subpart E,
861	s. 391.41(b)(10). However, such operators are still subject to
862	the requirements of ss. 322.12 and 322.121. As proof of
863	eligibility, such driver shall have in his or her possession a
864	physical examination form dated within the past 24 months.
865	(3)  A person who has not attained under the age of 18
866	years of age may not operate a commercial motor vehicle, except
867	that a person who has not attained under the age of 18 years of
868	age may operate a commercial motor vehicle that which has a
869	gross vehicle weight of less than 26,001 26,000 pounds while
870	transporting agricultural products, including horticultural or
871	forestry products, from farm or harvest place to storage or
872	market.
873	Section 17.  Subsections (5) and (10) of section 316.515,
874	Florida Statutes, are amended to read:
875	316.515  Maximum width, height, length.--
876	(5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,
877	FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.--
878	(a)  Notwithstanding any other provisions of law, straight
879	trucks, agricultural tractors, and cotton module movers, not
880	exceeding 50 feet in length, or any combination of up to and
881	including three implements of husbandry including the towing
882	power unit, and any single agricultural trailer with a load
883	thereon or any agricultural implements attached to a towing
884	power unit not exceeding 130 inches in width, or a self-
885	propelled agricultural implement or an agricultural tractor not
886	exceeding 130 inches in width, is authorized for the purpose of
887	transporting peanuts, grains, soybeans, cotton, hay, straw, or
888	other perishable farm products from their point of production to
889	the first point of change of custody or of long-term storage,
890	and for the purpose of returning to such point of production, or
891	for the purpose of moving such tractors, movers, and implements
892	from one point of agricultural production to another, by a
893	person engaged in the production of any such product or custom
894	hauler, if such vehicle or combination of vehicles otherwise
895	complies with this section. The Department of Transportation may
896	issue overwidth permits for implements of husbandry greater than
897	130 inches, but not more than 170 inches, in width. Such
898	vehicles shall be operated in accordance with all safety
899	requirements prescribed by law and Department of Transportation
900	rules. The Department of Transportation may issue overlength
901	permits for cotton module movers greater than 50 feet but not
902	more than 55 feet in overall length. Such vehicles shall be
903	operated in accordance with all safety requirements prescribed
904	by law and Department of Transportation rules.
905	(b)  Notwithstanding any other provisions of law, equipment
906	not exceeding 136 inches in width and not capable of speeds
907	exceeding 20 miles per hour that is used exclusively for the
908	purpose of harvesting forestry products is authorized for the
909	purpose of transporting the equipment from one point of harvest
910	to another point of harvest, not to exceed 10 miles, by a person
911	engaged in the harvesting of forestry products. Such vehicles
912	shall be operated during daylight hours only in accordance with
913	all safety requirements prescribed by s. 316.2295(5) and (6).
914	(10)  AUTOMOBILE TOWAWAY AND DRIVEAWAY OPERATIONS.--An
915	automobile towaway or driveaway operation transporting new or
916	used trucks may use what is known to the trade as "saddle
917	mounts," if the overall length does not exceed 97 75 feet and no
918	more than three saddle mounts are towed. Such combinations may
919	include one full mount. Saddle mount combinations must also
920	comply with the applicable safety regulations in 49 C.F.R. s.
921	393.71.
922	Section 18.  Subsection (9) of section 318.14, Florida
923	Statutes, is amended to read:
924	318.14  Noncriminal traffic infractions; exception;
925	procedures.--
926	(9)  Any person who does not hold a commercial driver's
927	license and who is cited for an infraction under this section
928	other than a violation of s. 316.183(2), s. 316.187, or s.
929	316.189, when the driver exceeds the posted limit by 30 miles
930	per hour or more, or s. 320.0605, s. 320.07(3)(a) or (b), s.
931	322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a
932	court appearance, elect to attend in the location of his or her
933	choice within this state a basic driver improvement course
934	approved by the Department of Highway Safety and Motor Vehicles.
935	In such a case, adjudication must be withheld; points, as
936	provided by s. 322.27, may not be assessed; and the civil
937	penalty that is imposed by s. 318.18(3) must be reduced by 18
938	percent; however, a person may not make an election under this
939	subsection if the person has made an election under this
940	subsection in the preceding 12 months. A person may make no more
941	than five elections under this subsection. The requirement for
942	community service under s. 318.18(8) is not waived by a plea of
943	nolo contendere or by the withholding of adjudication of guilt
944	by a court.
945	Section 19.  Paragraph (f) is added to subsection (1) of
946	section 318.143, Florida Statutes, to read:
947	318.143  Sanctions for infractions by minors.--
948	(1)  If the court finds that a minor has committed a
949	violation of any of the provisions of chapter 316, the court may
950	also impose one or more of the following sanctions:
951	(f)  The court may require the minor and his or her parents
952	or guardian to participate in a registered youthful driver
953	monitoring service as described in s. 318.1435.
954	Section 20.  Section 318.1435, Florida Statutes, is created
955	to read:
956	318.1435  Youthful driver monitoring services.--
957	(1)  As used in this section, the term "youthful driver
958	monitoring service" means an entity that enables parents or
959	guardians to monitor the driving performance of their minor
960	children. The service may provide monitoring by posting on a
961	vehicle a placard that shows a toll-free telephone number and a
962	unique identifying number and includes a request to members of
963	the public to call the toll-free telephone number to report
964	inappropriate driving practices. The service shall enter into a
965	contract with the parents or guardians under which the service
966	shall timely forward to the parents or guardians all reports of
967	inappropriate driving practices by the minor child.
968	(2)  A youthful driver monitoring service may register with
969	the Department of Highway Safety and Motor Vehicles. The
970	registration must consist of a narrative description of the
971	services offered by the youthful driver monitoring service, the
972	name of the manager in charge of the service, the address of the
973	service, and the telephone number of the service. Registration
974	under this subsection remains valid indefinitely, but it is the
975	responsibility of the youthful driver monitoring service to
976	timely file a revised registration statement to reflect any
977	changes in the required information. If the department
978	determines that the youthful driver monitoring service is not
979	providing the services described in the narrative statement, the
980	department may suspend the registration; however, the department
981	must reinstate the registration when the service files a revised
982	statement that reflects its actual provided services.
983	Section 21.  Section 318.18, Florida Statutes, is amended
984	to read:
985	318.18  Amount of civil penalties.--The penalties required
986	for a noncriminal disposition pursuant to s. 318.14 or a
987	criminal offense listed in s. 318.17 are as follows:
988	(1)  Fifteen dollars for:
989	(a)  All infractions of pedestrian regulations.
990	(b)  All infractions of s. 316.2065, unless otherwise
991	specified.
992	(c)  Other violations of chapter 316 by persons 14 years of
993	age or under who are operating bicycles, regardless of the
994	noncriminal traffic infraction's classification.
995	(2)  Thirty dollars for all nonmoving traffic violations
996	and:
997	(a)  For all violations of s. 322.19.
998	(b)  For all violations of ss. 320.0605, 320.07(1),
999	322.065, and 322.15(1). Any person who is cited for a violation
1000	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
1001	320.07(4).
1002	1.  If a person who is cited for a violation of s. 320.0605
1003	or s. 320.07 can show proof of having a valid registration at
1004	the time of arrest, the clerk of the court may dismiss the case
1005	and may assess a dismissal fee of up to $7.50. A person who
1006	finds it impossible or impractical to obtain a valid
1007	registration certificate must submit an affidavit detailing the
1008	reasons for the impossibility or impracticality. The reasons may
1009	include, but are not limited to, the fact that the vehicle was
1010	sold, stolen, or destroyed; that the state in which the vehicle
1011	is registered does not issue a certificate of registration; or
1012	that the vehicle is owned by another person.
1013	2.  If a person who is cited for a violation of s. 322.03,
1014	s. 322.065, or s. 322.15 can show a driver's license issued to
1015	him or her and valid at the time of arrest, the clerk of the
1016	court may dismiss the case and may assess a dismissal fee of up
1017	to $7.50.
1018	3.  If a person who is cited for a violation of s. 316.646
1019	can show proof of security as required by s. 627.733, issued to
1020	the person and valid at the time of arrest, the clerk of the
1021	court may dismiss the case and may assess a dismissal fee of up
1022	to $7.50. A person who finds it impossible or impractical to
1023	obtain proof of security must submit an affidavit detailing the
1024	reasons for the impracticality. The reasons may include, but are
1025	not limited to, the fact that the vehicle has since been sold,
1026	stolen, or destroyed; that the owner or registrant of the
1027	vehicle is not required by s. 627.733 to maintain personal
1028	injury protection insurance; or that the vehicle is owned by
1029	another person.
1030	(c)  For all violations of ss. 316.2935 and 316.610.
1031	However, for a violation of s. 316.2935 or s. 316.610, if the
1032	person committing the violation corrects the defect and obtains
1033	proof of such timely repair by an affidavit of compliance
1034	executed by the law enforcement agency within 30 days from the
1035	date upon which the traffic citation was issued, and pays $4 to
1036	the law enforcement agency, thereby completing the affidavit of
1037	compliance, then upon presentation of said affidavit by the
1038	defendant to the clerk within the 30-day time period set forth
1039	under s. 318.14(4), the fine must be reduced to $7.50, which the
1040	clerk of the court shall retain.
1041	(d)  For all violations of s. 316.126(1)(b), unless
1042	otherwise specified.
1043	(3)(a)  Except as otherwise provided in this section, $60
1044	for all moving violations not requiring a mandatory appearance.
1045	(b)  For moving violations involving unlawful speed, the
1046	fines are as follows:
1047
1048	For speed exceeding the limit by:     Fine:
1049	1-5 m.p.h.     Warning
1050	6-9 m.p.h.     $ 25
1051	10-14 m.p.h.     $100
1052	15-19 m.p.h.     $125
1053	20-29 m.p.h.     $150
1054	30 m.p.h. and above.     $250
1055	(c)  Notwithstanding paragraph (b), a person cited for
1056	exceeding the speed limit by up to 5 m.p.h. in a legally posted
1057	school zone will be fined $50. A person exceeding the speed
1058	limit in a school zone shall pay a fine double the amount listed
1059	in paragraph (b).
1060	(d)  A person cited for exceeding the speed limit in a
1061	posted construction zone shall pay a fine double the amount
1062	listed in paragraph (b). The fine shall be doubled for
1063	construction zone violations only if construction personnel are
1064	present or operating equipment on the road or immediately
1065	adjacent to the road under construction.
1066	(e)  If a violation of s. 316.1301 or s. 316.1303 results
1067	in an injury to the pedestrian or damage to the property of the
1068	pedestrian, an additional fine of up to $250 shall be paid. This
1069	amount must be distributed pursuant to s. 318.21.
1070	(f)  A person cited for exceeding the speed limit within a
1071	zone posted for any electronic or manual toll collection
1072	facility shall pay a fine double the amount listed in paragraph
1073	(b). However, no person cited for exceeding the speed limit in
1074	any toll collection zone shall be subject to a doubled fine
1075	unless the governmental entity or authority controlling the toll
1076	collection zone first installs a traffic control device
1077	providing warning that speeding fines are doubled. Any such
1078	traffic control device must meet the requirements of the uniform
1079	system of traffic control devices.
1080	(g)  A person cited for a second or subsequent violation of
1081	exceeding the speed limit by 30 miles per hour and above within
1082	a 12-month period shall pay a fine double the amount listed in
1083	paragraph (b). For purposes of this paragraph, the term
1084	"conviction" means a finding of guilt, with or without
1085	adjudication of guilt, as a result of a jury verdict, nonjury
1086	trial, or entry of a plea of guilty or nolo contendere,
1087	notwithstanding s. 318.14(11).
1088	(4)  The penalty imposed under s. 316.545 shall be
1089	determined by the officer in accordance with the provisions of
1090	ss. 316.535 and 316.545.
1091	(5)(a)  One hundred dollars for a violation of s.
1092	316.172(1)(a), failure to stop for a school bus. If, at a
1093	hearing, the alleged offender is found to have committed this
1094	offense, the court shall impose a minimum civil penalty of $100.
1095	In addition to this penalty, for a second or subsequent offense
1096	within a period of 5 years, the department shall suspend the
1097	driver's license of the person for not less than 90 days and not
1098	more than 6 months.
1099	(b)  Two hundred dollars for a violation of s.
1100	316.172(1)(b), passing a school bus on the side that children
1101	enter and exit when the school bus displays a stop signal. If,
1102	at a hearing, the alleged offender is found to have committed
1103	this offense, the court shall impose a minimum civil penalty of
1104	$200. In addition to this penalty, for a second or subsequent
1105	offense within a period of 5 years, the department shall suspend
1106	the driver's license of the person for not less than 180 days
1107	and not more than 1 year.
1108	(6)  One hundred dollars or the fine amount designated by
1109	county ordinance, plus court costs for illegally parking, under
1110	s. 316.1955, in a parking space provided for people who have
1111	disabilities. However, this fine will be waived if a person
1112	provides to the law enforcement agency that issued the citation
1113	for such a violation proof that the person committing the
1114	violation has a valid parking permit or license plate issued
1115	pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
1116	or s. 320.0848 or a signed affidavit that the owner of the
1117	disabled parking permit or license plate was present at the time
1118	the violation occurred, and that such a parking permit or
1119	license plate was valid at the time the violation occurred. The
1120	law enforcement officer, upon determining that all required
1121	documentation has been submitted verifying that the required
1122	parking permit or license plate was valid at the time of the
1123	violation, must sign an affidavit of compliance. Upon provision
1124	of the affidavit of compliance and payment of a dismissal fee of
1125	up to $7.50 to the clerk of the circuit court, the clerk shall
1126	dismiss the citation.
1127	(7)  One hundred dollars for a violation of s. 316.1001.
1128	However, a person may elect to pay $30 to the clerk of the
1129	court, in which case adjudication is withheld, and no points are
1130	assessed under s. 322.27. Upon receipt of the fine, the clerk of
1131	the court must retain $5 for administrative purposes and must
1132	forward the $25 to the governmental entity that issued the
1133	citation. Any funds received by a governmental entity for this
1134	violation may be used for any lawful purpose related to the
1135	operation or maintenance of a toll facility.
1136	(8)(a)  Any person who fails to comply with the court's
1137	requirements or who fails to pay the civil penalties specified
1138	in this section within the 30-day period provided for in s.
1139	318.14 must pay an additional civil penalty of $12, $2.50 of
1140	which must be remitted to the Department of Revenue for deposit
1141	in the General Revenue Fund, and $9.50 of which must be remitted
1142	to the Department of Revenue for deposit in the Highway Safety
1143	Operating Trust Fund. The department shall contract with the
1144	Florida Association of Court Clerks, Inc., to design, establish,
1145	operate, upgrade, and maintain an automated statewide Uniform
1146	Traffic Citation Accounting System to be operated by the clerks
1147	of the court that which shall include, but not be limited to,
1148	the accounting for traffic infractions by type, a record of the
1149	disposition of the citations, and an accounting system for the
1150	fines assessed and the subsequent fine amounts paid to the
1151	clerks of the court. On or before December 1, 2001, the clerks
1152	of the court must provide the information required by this
1153	chapter to be transmitted to the department by electronic
1154	transmission pursuant to the contract.
1155	(b)  Any person who fails to comply with the court's
1156	requirements as to civil penalties specified in this section due
1157	to demonstrable financial hardship shall be authorized to
1158	satisfy such civil penalties by public works or community
1159	service. Each hour of such service shall be applied, at the rate
1160	of the minimum wage, toward payment of the person's civil
1161	penalties; provided, however, that if the person has a trade or
1162	profession for which there is a community service need and
1163	application, the rate for each hour of such service shall be the
1164	average standard wage for such trade or profession. Any person
1165	who fails to comply with the court's requirements as to such
1166	civil penalties who does not demonstrate financial hardship may
1167	also, at the discretion of the court, be authorized to satisfy
1168	such civil penalties by public works or community service in the
1169	same manner.
1170	(c)  If the noncriminal infraction has caused or resulted
1171	in the death of another, the person who committed the infraction
1172	may perform 120 community service hours under s. 316.027(4), in
1173	addition to any other penalties.
1174	(9)  One hundred dollars for a violation of s. 316.1575.
1175	(10)  Twenty-five dollars for a violation of s. 316.2074.
1176	(11)(a)  In addition to the stated fine, court costs must
1177	be paid in the following amounts and shall be deposited by the
1178	clerk into the fine and forfeiture fund established pursuant to
1179	s. 142.01:
1180
1181	For pedestrian infractions     $  3.
1182	For nonmoving traffic infractions     $ 16.
1183	For moving traffic infractions     $ 30.
1184	(b)  In addition to the court cost required under paragraph
1185	(a), up to $3 for each infraction shall be collected and
1186	distributed by the clerk in those counties that have been
1187	authorized to establish a criminal justice selection center or a
1188	criminal justice access and assessment center pursuant to the
1189	following special acts of the Legislature:
1190	1.  Chapter 87-423, Laws of Florida, for Brevard County.
1191	2.  Chapter 89-521, Laws of Florida, for Bay County.
1192	3.  Chapter 94-444, Laws of Florida, for Alachua County.
1193	4.  Chapter 97-333, Laws of Florida, for Pinellas County.
1194
1195	Funds collected by the clerk pursuant to this paragraph shall be
1196	distributed to the centers authorized by those special acts.
1197	(c)  In addition to the court cost required under paragraph
1198	(a), a $2.50 court cost must be paid for each infraction to be
1199	distributed by the clerk to the county to help pay for criminal
1200	justice education and training programs pursuant to s. 938.15.
1201	Funds from the distribution to the county not directed by the
1202	county to fund these centers or programs shall be retained by
1203	the clerk and used for funding the court-related services of the
1204	clerk.
1205	(d)  In addition to the court cost required under paragraph
1206	(a), a $3 court cost must be paid for each infraction to be
1207	distributed as provided in s. 938.01 and a $2 court cost as
1208	provided in s. 938.15 when assessed by a municipality or county.
1209	(12)  Two One hundred dollars for a violation of s.
1210	316.520(1) or (2). If, at a hearing, the alleged offender is
1211	found to have committed this offense, the court shall impose a
1212	minimum civil penalty of $200 $100. For a second or subsequent
1213	adjudication within a period of 5 years, the department shall
1214	suspend the driver's license of the person for not less than 1
1215	year 180 days and not more than 2 years 1 year.
1216	(13)  In addition to any penalties imposed for noncriminal
1217	traffic infractions pursuant to this chapter or imposed for
1218	criminal violations listed in s. 318.17, a board of county
1219	commissioners or any unit of local government that which is
1220	consolidated as provided by s. 9, Art. VIII of the State
1221	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1222	Constitution of 1968:
1223	(a)  May impose by ordinance a surcharge of up to $15 for
1224	any infraction or violation to fund state court facilities. The
1225	court shall not waive this surcharge. Up to 25 percent of the
1226	revenue from such surcharge may be used to support local law
1227	libraries provided that the county or unit of local government
1228	provides a level of service equal to that provided prior to July
1229	1, 2004, which shall include the continuation of library
1230	facilities located in or near the county courthouse or annexes.
1231	(b)  That imposed increased fees or service charges by
1232	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1233	purpose of securing payment of the principal and interest on
1234	bonds issued by the county before July 1, 2003, to finance state
1235	court facilities, may impose by ordinance a surcharge for any
1236	infraction or violation for the exclusive purpose of securing
1237	payment of the principal and interest on bonds issued by the
1238	county before July 1, 2003, to fund state court facilities until
1239	the date of stated maturity. The court shall not waive this
1240	surcharge. Such surcharge may not exceed an amount per violation
1241	calculated as the quotient of the maximum annual payment of the
1242	principal and interest on the bonds as of July 1, 2003, divided
1243	by the number of traffic citations for county fiscal year 2002-
1244	2003 certified as paid by the clerk of the court of the county.
1245	Such quotient shall be rounded up to the next highest dollar
1246	amount. The bonds may be refunded only if savings will be
1247	realized on payments of debt service and the refunding bonds are
1248	scheduled to mature on the same date or before the bonds being
1249	refunded.
1250
1251	A county may not impose both of the surcharges authorized under
1252	paragraphs (a) and (b) concurrently. The clerk of court shall
1253	report, no later than 30 days after the end of the quarter, the
1254	amount of funds collected under this subsection during each
1255	quarter of the fiscal year. The clerk shall submit the report,
1256	in a format developed by the Office of State Courts
1257	Administrator, to the chief judge of the circuit, the Governor,
1258	the President of the Senate, and the Speaker of the House of
1259	Representatives.
1260	(14)  In addition to any penalties imposed for noncriminal
1261	traffic infractions under this chapter or imposed for criminal
1262	violations listed in s. 318.17, any unit of local government
1263	that is consolidated as provided by s. 9, Art. VIII of the State
1264	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1265	State Constitution of 1968, and that is granted the authority in
1266	the State Constitution to exercise all the powers of a municipal
1267	corporation, and any unit of local government operating under a
1268	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
1269	VIII of the State Constitution of 1885, as preserved by s. 6(e),
1270	Art. VIII of the State Constitution of 1968, that is granted the
1271	authority in the State Constitution to exercise all the powers
1272	conferred now or hereafter by general law upon municipalities,
1273	may impose by ordinance a surcharge of up to $15 for any
1274	infraction or violation. Revenue from the surcharge shall be
1275	transferred to such unit of local government for the purpose of
1276	replacing fine revenue deposited into the clerk's fine and
1277	forfeiture fund under s. 142.01. The court may not waive this
1278	surcharge. Proceeds from the imposition of the surcharge
1279	authorized in this subsection shall not be used for the purpose
1280	of securing payment of the principal and interest on bonds. This
1281	subsection, and any surcharge imposed pursuant to this
1282	subsection, shall stand repealed September 30, 2007.
1283	(15)  One hundred twenty-five dollars for a violation of s.
1284	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1285	stop at a traffic signal. Sixty dollars shall be distributed as
1286	provided in s. 318.21, and the remaining $65 shall be remitted
1287	to the Department of Revenue for deposit into the Administrative
1288	Trust Fund of the Department of Health.
1289	Section 22.  Section 318.19, Florida Statutes, is amended
1290	to read:
1291	318.19  Infractions requiring a mandatory hearing.--Any
1292	person cited for the infractions listed in this section shall
1293	not have the provisions of s. 318.14(2), (4), and (9) available
1294	to him or her but must appear before the designated official at
1295	the time and location of the scheduled hearing:
1296	(1)  Any infraction which results in a crash that causes
1297	the death of another;
1298	(2)  Any infraction which results in a crash that causes
1299	"serious bodily injury" of another as defined in s. 316.1933(1);
1300	(3)  Any infraction of s. 316.172(1)(b); or
1301	(4)  Any infraction of s. 316.520(1) or (2); or
1302	(5)  Any infraction of s. 316.183(2), s. 316.187, or s.
1303	316.189 of exceeding the speed limit by 30 miles per hour or
1304	more.
1305	Section 23.  Paragraph (d) of subsection (1) of section
1306	318.32, Florida Statutes, is amended to read:
1307	318.32  Jurisdiction; limitations.--
1308	(1)  Hearing officers shall be empowered to accept pleas
1309	from and decide the guilt or innocence of any person, adult or
1310	juvenile, charged with any civil traffic infraction and shall be
1311	empowered to adjudicate or withhold adjudication of guilt in the
1312	same manner as a county court judge under the statutes, rules,
1313	and procedures presently existing or as subsequently amended,
1314	except that hearing officers shall not:
1315	(d)  Have the power to suspend or revoke a defendant's
1316	driver's license pursuant to s. 316.655(2).
1317	Section 24.  Effective July 1, 2008, subsection (1) of
1318	section 320.02, Florida Statutes, is amended to read:
1319	320.02  Registration required; application for
1320	registration; forms.--
1321	(1)  Except as otherwise provided in this chapter, every
1322	owner or person in charge of a motor vehicle that which is
1323	operated or driven on the roads of this state shall register the
1324	vehicle in this state. The owner or person in charge shall apply
1325	to the department or to its authorized agent for registration of
1326	each such vehicle on a form prescribed by the department. Prior
1327	to an original registration of any motorcycle, motor-driven
1328	cycle, or moped, the owner, if a natural person, shall present
1329	proof that he or she has a valid motorcycle endorsement as
1330	required in chapter 322. No registration is required for any
1331	motor vehicle that which is not operated on the roads of this
1332	state during the registration period.
1333	Section 25.  Subsection (8) of section 320.03, Florida
1334	Statutes, is amended to read:
1335	320.03  Registration; duties of tax collectors;
1336	International Registration Plan.--
1337	(8)  If the applicant's name appears on the list referred
1338	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1339	license plate or revalidation sticker may not be issued until
1340	that person's name no longer appears on the list or until the
1341	person presents a receipt from the clerk showing that the fines
1342	outstanding have been paid. This subsection shall not apply to
1343	the owner of a leased vehicle if the vehicle is registered in
1344	the name of the lessee of such vehicle. The tax collector and
1345	the clerk of the court are each entitled to receive monthly, as
1346	costs for implementing and administering this subsection, 10
1347	percent of the civil penalties and fines recovered from such
1348	persons. As used in this subsection, the term "civil penalties
1349	and fines" does not include a wrecker operator's lien as
1350	described in s. 713.78(13). If the tax collector has private tag
1351	agents, such tag agents are entitled to receive a pro rata share
1352	of the amount paid to the tax collector, based upon the
1353	percentage of license plates and revalidation stickers issued by
1354	the tag agent compared to the total issued within the county.
1355	The authority of any private agent to issue license plates shall
1356	be revoked, after notice and a hearing as provided in chapter
1357	120, if he or she issues any license plate or revalidation
1358	sticker contrary to the provisions of this subsection. This
1359	section applies only to the annual renewal in the owner's birth
1360	month of a motor vehicle registration and does not apply to the
1361	transfer of a registration of a motor vehicle sold by a motor
1362	vehicle dealer licensed under this chapter, except for the
1363	transfer of registrations which is inclusive of the annual
1364	renewals. This section does not affect the issuance of the title
1365	to a motor vehicle, notwithstanding s. 319.23(7)(b).
1366	Section 26.  Paragraph (f) is added to subsection (3) and
1367	paragraph (c) is added to subsection (4) of section 320.07,
1368	Florida Statutes, to read:
1369	320.07  Expiration of registration; annual renewal
1370	required; penalties.--
1371	(3)  The operation of any motor vehicle without having
1372	attached thereto a registration license plate and validation
1373	stickers, or the use of any mobile home without having attached
1374	thereto a mobile home sticker, for the current registration
1375	period shall subject the owner thereof, if he or she is present,
1376	or, if the owner is not present, the operator thereof to the
1377	following penalty provisions:
1378	(f)  The owner of a leased motor vehicle shall not be
1379	responsible for any of the penalties specified in this
1380	subsection if the motor vehicle is registered in the name of the
1381	lessee of such motor vehicle.
1382	(4)
1383	(c)  The owner of a leased motor vehicle shall not be
1384	responsible for any delinquent fee specified in this subsection
1385	if the motor vehicle is registered in the name of the lessee of
1386	such motor vehicle.
1387	Section 27.  Section 320.0706, Florida Statutes, is amended
1388	to read:
1389	320.0706  Display of license plates on trucks.--The owner
1390	of any commercial truck of gross vehicle weight of 26,001 pounds
1391	or more shall display the registration license plate on both the
1392	front and rear of the truck in conformance with all the
1393	requirements of s. 316.605 that do not conflict with this
1394	section. To allow for better visibility, the owner of a dump
1395	truck may place the rear license plate on the gate so that the
1396	distance from the ground to the top of the license plate is no
1397	more than 60 inches. However, the owner of a truck tractor shall
1398	be required to display the registration license plate only on
1399	the front of such vehicle. Vehicle license plates shall be
1400	affixed and displayed in such a manner that the letters and
1401	numerals shall be read from left to right parallel to the
1402	ground. No vehicle license plate may be displayed in an inverted
1403	or reversed position or in such a manner that the letters and
1404	numbers and their proper sequence are not readily identifiable.
1405	Section 28.  Paragraph (eee) is added to subsection (4) of
1406	section 320.08056, Florida Statutes, to read:
1407	320.08056  Specialty license plates.--
1408	(4)  The following license plate annual use fees shall be
1409	collected for the appropriate specialty license plates:
1410	(eee)  Future Farmers of America license plate, $25.
1411	Section 29.  Subsection (48) of section 320.08058, Florida
1412	Statutes, is amended, and subsection (57) is added to that
1413	section, to read:
1414	320.08058  Specialty license plates.--
1415	(48)  SPORTSMEN'S NATIONAL LAND TRUST LICENSE PLATES.--
1416	(a)  The department shall develop a Sportsmen's National
1417	Land Trust license plate as provided in this section. The word
1418	"Florida" must appear at the top of the plate, and the words
1419	"Sportsmen's National Land Trust" must appear at the bottom of
1420	the plate.
1421	(b)  The annual revenues from the sales of the license
1422	plate shall be distributed to the Sportsmen's National Land
1423	Trust. Such annual revenues must be used by the trust in the
1424	following manner:
1425	1.  Fifty percent may be retained until fifty percent of
1426	all startup costs for developing and establishing the plate have
1427	been recovered.
1428	2.  Twenty-five percent must be used to fund programs and
1429	projects within the state that preserve open space and wildlife
1430	habitat, promote conservation, improve wildlife habitat, and
1431	establish open space for the perpetual use of the public.
1432	3.  Twenty-five percent may be used for promotion,
1433	marketing, and administrative costs directly associated with
1434	operation of the trust.
1435	(c)  When the provisions of subparagraph (b)1. are met,
1436	those annual revenues shall be used for the purposes of
1437	subparagraph (b)2.
1438	(57)  FUTURE FARMERS OF AMERICA LICENSE PLATES.--
1439	(a)  Notwithstanding s. 320.08053, the department shall
1440	develop a Future Farmers of America license plate as provided in
1441	this section. Future Farmers of America license plates must bear
1442	the colors and design approved by the department. The word
1443	"Florida" must appear at the top of the plate, and the words
1444	"Agricultural Education" must appear at the bottom of the plate.
1445	(b)  The license plate annual use fee shall be distributed
1446	quarterly to the Florida Future Farmers of America Foundation,
1447	Inc., to fund activities and services of the Future Farmers of
1448	America.
1449	(c)  The Florida Future Farmers of America Foundation,
1450	Inc., shall retain all revenue from the annual use fees until
1451	all startup costs for developing and establishing the plates
1452	have been recovered. Thereafter, up to 10 percent of the annual
1453	use fee revenue may be used for administrative, handling, and
1454	disbursement expenses and up to 5 percent may be used for
1455	advertising and marketing costs. All remaining annual use fee
1456	revenue shall be used by the Florida Future Farmers of America
1457	Foundation, Inc., to fund its activities, programs, and
1458	projects, including, but not limited to, student and teacher
1459	leadership programs, the Foundation for Leadership Training
1460	Center, teacher recruitment and retention, and other special
1461	projects.
1462	Section 30.  Subsection (5) of section 320.0807, Florida
1463	Statutes, is renumbered as subsection (6), and a new subsection
1464	(5) is added to that section to read:
1465	320.0807  Special license plates for Governor and federal
1466	and state legislators.--
1467	(5)  Upon application by any current or former President of
1468	the Senate and payment of the fees prescribed by s. 320.0805,
1469	the department is authorized to issue a license plate stamped in
1470	bold letters "Senate President" followed by the number assigned
1471	by the department or chosen by the applicant if the number is
1472	not already in use. Upon application by any current or former
1473	Speaker of the House of Representatives and payment of the fees
1474	prescribed by s. 320.0805, the department is authorized to issue
1475	a license plate stamped in bold letters "House Speaker" followed
1476	by the number assigned by the department or chosen by the
1477	applicant if the number is not already in use.
1478	Section 31.  Subsection (4) is added to section 320.089,
1479	Florida Statutes, to read:
1480	320.089  Members of National Guard and active United States
1481	Armed Forces reservists; former prisoners of war; survivors of
1482	Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1483	Freedom and Operation Enduring Freedom veterans; special license
1484	plates; fee.--
1485	(4)  Each owner or lessee of an automobile or truck for
1486	private use, truck weighing not more than 7,999 pounds, or
1487	recreational vehicle as specified in s. 320.08(9)(c) or (d),
1488	which automobile, truck, or recreational vehicle is not used for
1489	hire or commercial use, who is a resident of the state and a
1490	current or former member of the United States military who was
1491	deployed and served in Iraq during Operation Iraqi Freedom or in
1492	Afghanistan during Operation Enduring Freedom shall, upon
1493	application to the department, accompanied by proof of active
1494	membership or former active duty status during one of these
1495	operations, and upon payment of the license tax for the vehicle
1496	as provided in s. 320.08, be issued a license plate as provided
1497	by s. 320.06 upon which, in lieu of the registration license
1498	number prescribed by s. 320.06, shall be stamped the words
1499	"Operation Iraqi Freedom" or "Operation Enduring Freedom," as
1500	appropriate, followed by the registration license number of the
1501	plate.
1502	Section 32.  Paragraphs (a) and (b) of subsection (4) and
1503	paragraph (b) of subsection (9) of section 320.27, Florida
1504	Statutes, are amended to read:
1505	320.27  Motor vehicle dealers.--
1506	(4)  LICENSE CERTIFICATE.--
1507	(a)  A license certificate shall be issued by the
1508	department in accordance with such application when the
1509	application is regular in form and in compliance with the
1510	provisions of this section. The license certificate may be in
1511	the form of a document or a computerized card as determined by
1512	the department. The actual cost of each original, additional, or
1513	replacement computerized card shall be borne by the licensee and
1514	is in addition to the fee for licensure. Such license, when so
1515	issued, entitles the licensee to carry on and conduct the
1516	business of a motor vehicle dealer. Each license issued to a
1517	franchise motor vehicle dealer expires annually on December 31
1518	unless revoked or suspended prior to that date. Each license
1519	issued to an independent or wholesale dealer or auction expires
1520	annually on April 30 unless revoked or suspended prior to that
1521	date. Not less than 60 days prior to the license expiration
1522	date, the department shall deliver or mail to each licensee the
1523	necessary renewal forms. Each independent dealer who has been in
1524	business for less than 15 years shall certify that the dealer
1525	principal (owner, partner, officer of the corporation, or
1526	director of the licensee, or full-time employee of the licensee
1527	who holds a responsible management-level position) has completed
1528	8 hours of continuing education prior to filing the renewal
1529	forms with the department. Such certification shall be filed
1530	once every 2 years commencing with the 2006 renewal period. The
1531	continuing education shall include at least 2 hours of legal or
1532	legislative issues, 1 hour of department issues, and 5 hours of
1533	relevant motor vehicle industry topics. Continuing education
1534	shall be provided by dealer schools licensed under paragraph (b)
1535	either in a classroom setting or by correspondence. Such schools
1536	shall provide certificates of completion to the department and
1537	the customer which shall be filed with the license renewal form,
1538	and such schools may charge a fee for providing continuing
1539	education. Any licensee who does not file his or her application
1540	and fees and any other requisite documents, as required by law,
1541	with the department at least 30 days prior to the license
1542	expiration date shall cease to engage in business as a motor
1543	vehicle dealer on the license expiration date. A renewal filed
1544	with the department within 45 days after the expiration date
1545	shall be accompanied by a delinquent fee of $100. Thereafter, a
1546	new application is required, accompanied by the initial license
1547	fee. A license certificate duly issued by the department may be
1548	modified by endorsement to show a change in the name of the
1549	licensee, provided, as shown by affidavit of the licensee, the
1550	majority ownership interest of the licensee has not changed or
1551	the name of the person appearing as franchisee on the sales and
1552	service agreement has not changed. Modification of a license
1553	certificate to show any name change as herein provided shall not
1554	require initial licensure or reissuance of dealer tags; however,
1555	any dealer obtaining a name change shall transact all business
1556	in and be properly identified by that name. All documents
1557	relative to licensure shall reflect the new name. In the case of
1558	a franchise dealer, the name change shall be approved by the
1559	manufacturer, distributor, or importer. A licensee applying for
1560	a name change endorsement shall pay a fee of $25, which fee
1561	shall apply to the change in the name of a main location and all
1562	additional locations licensed under the provisions of subsection
1563	(5). Each initial license application received by the department
1564	shall be accompanied by verification that, within the preceding
1565	6 months, the applicant, or one or more of his or her designated
1566	employees, has attended a training and information seminar
1567	conducted by a licensed motor vehicle dealer training school.
1568	Any applicant for a new franchised motor vehicle dealer license
1569	who has held a valid franchised motor vehicle dealer license
1570	continuously for the preceding 2 years and who remains in good
1571	standing with the department is exempt from the prelicensing
1572	training requirement. Such seminar shall include, but is not
1573	limited to, statutory dealer requirements, which requirements
1574	include required bookkeeping and recordkeeping procedures,
1575	requirements for the collection of sales and use taxes, and such
1576	other information that in the opinion of the department will
1577	promote good business practices. No seminar may exceed 8 hours
1578	in length.
1579	(b)  Each initial license application received by the
1580	department for licensure under subparagraph (1)(c)2. must be
1581	accompanied by verification that, within the preceding 6 months,
1582	the applicant (owner, partner, officer of the corporation, or
1583	director of the applicant, or full-time employee of the
1584	applicant who holds a responsible management-level position) has
1585	successfully completed training conducted by a licensed motor
1586	vehicle dealer training school. Such training must include
1587	training in titling and registration of motor vehicles, laws
1588	relating to unfair and deceptive trade practices, laws relating
1589	to financing with regard to buy-here, pay-here operations, and
1590	such other information that in the opinion of the department
1591	will promote good business practices. Successful completion of
1592	this training shall be determined by examination administered at
1593	the end of the course and attendance of no less than 90 percent
1594	of the total hours required by such school. Any applicant who
1595	had held a valid motor vehicle dealer's license within the past
1596	2 years and who remains in good standing with the department is
1597	exempt from the requirements of this paragraph. In the case of
1598	nonresident applicants, the requirement to attend such training
1599	shall be placed on any employee of the licensee who holds a
1600	responsible management-level position and who is employed full-
1601	time at the motor vehicle dealership. The department shall have
1602	the authority to adopt any rule necessary for establishing the
1603	training curriculum; length of training, which shall not exceed
1604	8 hours for required department topics and shall not exceed an
1605	additional 24 hours for topics related to other regulatory
1606	agencies' instructor qualifications; and any other requirements
1607	under this section. The curriculum for other subjects shall be
1608	approved by any and all other regulatory agencies having
1609	jurisdiction over specific subject matters; however, the overall
1610	administration of the licensing of these dealer schools and
1611	their instructors shall remain with the department. Such schools
1612	are authorized to charge a fee. This privatized method for
1613	training applicants for dealer licensing pursuant to
1614	subparagraph (1)(c)2. is a pilot program that shall be evaluated
1615	by the department after it has been in operation for a period of
1616	2 years.
1617	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1618	(b)  The department may deny, suspend, or revoke any
1619	license issued hereunder or under the provisions of s. 320.77 or
1620	s. 320.771 upon proof that a licensee has committed, with
1621	sufficient frequency so as to establish a pattern of wrongdoing
1622	on the part of a licensee, violations of one or more of the
1623	following activities:
1624	1.  Representation that a demonstrator is a new motor
1625	vehicle, or the attempt to sell or the sale of a demonstrator as
1626	a new motor vehicle without written notice to the purchaser that
1627	the vehicle is a demonstrator. For the purposes of this section,
1628	a "demonstrator," a "new motor vehicle," and a "used motor
1629	vehicle" shall be defined as under s. 320.60.
1630	2.  Unjustifiable refusal to comply with a licensee's
1631	responsibility under the terms of the new motor vehicle warranty
1632	issued by its respective manufacturer, distributor, or importer.
1633	However, if such refusal is at the direction of the
1634	manufacturer, distributor, or importer, such refusal shall not
1635	be a ground under this section.
1636	3.  Misrepresentation or false, deceptive, or misleading
1637	statements with regard to the sale or financing of motor
1638	vehicles that which any motor vehicle dealer has, or causes to
1639	have, advertised, printed, displayed, published, distributed,
1640	broadcast, televised, or made in any manner with regard to the
1641	sale or financing of motor vehicles.
1642	4.  Failure by any motor vehicle dealer to provide a
1643	customer or purchaser with an odometer disclosure statement and
1644	a copy of any bona fide written, executed sales contract or
1645	agreement of purchase connected with the purchase of the motor
1646	vehicle purchased by the customer or purchaser.
1647	5.  Failure of any motor vehicle dealer to comply with the
1648	terms of any bona fide written, executed agreement, pursuant to
1649	the sale of a motor vehicle.
1650	6.  Failure to apply for transfer of a title as prescribed
1651	in s. 319.23(6).
1652	7.  Use of the dealer license identification number by any
1653	person other than the licensed dealer or his or her designee.
1654	8.  Failure to continually meet the requirements of the
1655	licensure law.
1656	9.  Representation to a customer or any advertisement to
1657	the public representing or suggesting that a motor vehicle is a
1658	new motor vehicle if such vehicle lawfully cannot be titled in
1659	the name of the customer or other member of the public by the
1660	seller using a manufacturer's statement of origin as permitted
1661	in s. 319.23(1).
1662	10.  Requirement by any motor vehicle dealer that a
1663	customer or purchaser accept equipment on his or her motor
1664	vehicle that which was not ordered by the customer or purchaser.
1665	11.  Requirement by any motor vehicle dealer that any
1666	customer or purchaser finance a motor vehicle with a specific
1667	financial institution or company.
1668	12.  Requirement by any motor vehicle dealer that the
1669	purchaser of a motor vehicle contract with the dealer for
1670	physical damage insurance.
1671	13.  Perpetration of a fraud upon any person as a result of
1672	dealing in motor vehicles, including, without limitation, the
1673	misrepresentation to any person by the licensee of the
1674	licensee's relationship to any manufacturer, importer, or
1675	distributor.
1676	14.  Violation of any of the provisions of s. 319.35 by any
1677	motor vehicle dealer.
1678	15.  Sale by a motor vehicle dealer of a vehicle offered in
1679	trade by a customer prior to consummation of the sale, exchange,
1680	or transfer of a newly acquired vehicle to the customer, unless
1681	the customer provides written authorization for the sale of the
1682	trade-in vehicle prior to delivery of the newly acquired
1683	vehicle.
1684	16.  Willful failure to comply with any administrative rule
1685	adopted by the department or the provisions of s. 320.131(8).
1686	17.  Violation of chapter 319, this chapter, or ss.
1687	559.901-559.9221, which has to do with dealing in or repairing
1688	motor vehicles or mobile homes. Additionally, in the case of
1689	used motor vehicles, the willful violation of the federal law
1690	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1691	the consumer sales window form.
1692	18.  Failure to maintain evidence of notification to the
1693	owner or coowner of a vehicle regarding registration or titling
1694	fees owed owned as required in s. 320.02(17) 320.02(19).
1695	19.  Failure to register a mobile home salesperson with the
1696	department as required by this chapter.
1697	Section 33.  Subsection (5) is added to section 320.405,
1698	Florida Statutes, to read:
1699	320.405  International Registration Plan; inspection of
1700	records; hearings.--
1701	(5)  The department is authorized to enter into agreements
1702	for scheduling payments of taxes and penalties due to the
1703	department as a result of audit assessments issued under this
1704	section.
1705	Section 34.  Paragraph (c) is added to subsection (1) of
1706	section 320.77, Florida Statutes, subsections (8) through (15)
1707	are renumbered as subsections (9) through (16), respectively,
1708	and a new subsection (8) is added to that section, to read:
1709	320.77  License required of mobile home dealers.--
1710	(1)  DEFINITIONS.--As used in this section:
1711	(c)1.  "Mobile home salesperson" is a person, not otherwise
1712	expressly excluded by this section, who:
1713	a.  Is employed as a salesperson by a mobile home dealer or
1714	who, under any form of contract, agreement, or arrangement with
1715	a dealer for commission, money, profit, or other thing of value,
1716	sells, exchanges, buys, or offers for sale, or negotiates or
1717	attempts to negotiate a sale or exchange of, an interest in a
1718	mobile home required to be titled under this chapter;
1719	b.  Induces or attempts to induce any person to buy or
1720	exchange an interest in a mobile home required to be registered
1721	and receives or expects to receive a commission, money,
1722	brokerage fees, profit, or any other thing of value from either
1723	the seller or purchaser of the mobile home; or
1724	c.  Exercises managerial control over the business of a
1725	licensed mobile home dealer or supervises mobile home
1726	salespersons employed by a licensed mobile home dealer, whether
1727	compensated by salary or commission, including, but not limited
1728	to, any person employed by the mobile home dealer as a general
1729	manager, assistant general manager, or sales manager or any
1730	employee of a licensed mobile home dealer who negotiates with or
1731	induces a customer to enter into a security agreement or
1732	purchase agreement or purchase order for the sale of a mobile
1733	home on behalf of the licensed mobile home dealer.
1734	2.  "Mobile home salesperson" does not include any of the
1735	following:
1736	a.  A representative of an insurance company or a finance
1737	company or a public official who, in the regular course of
1738	business, is required to dispose of or sell mobile homes under a
1739	contractual right or obligation of the employer or in the
1740	performance of an official duty or under the authority of any
1741	court of law, if the sale is for the purpose of saving the
1742	seller from any loss or pursuant to the authority of a court of
1743	competent jurisdiction.
1744	b.  A persons who is licensed as a manufacturer,
1745	remanufacturer, transporter, distributor, or representative of
1746	mobile homes.
1747	c.  A person who is licensed as a mobile home dealer under
1748	this chapter.
1749	d.  A person not engaged in the purchase or sale of mobile
1750	homes as a business but disposing of mobile homes acquired for
1751	his or her own use or for use in his or her business when the
1752	mobile homes have been so acquired and used in good faith and
1753	not for the purpose of avoiding the provisions of this chapter.
1754	(8)  SALESPERSONS TO BE REGISTERED BY LICENSEES.--
1755	(a)  Within 30 days after the date of hire, each licensee
1756	shall register with the department the name, local residence
1757	address, and home telephone number of each person employed by
1758	the licensee as a mobile home salesperson. A licensee may not
1759	provide a post office box in lieu of a physical residential
1760	address.
1761	(b)  Each time a mobile home salesperson employed by a
1762	licensee changes his or her residence address, the salesperson
1763	shall notify the department within 20 days after such change.
1764	(c)  Quarterly, each licensee is required to notify the
1765	department of the termination or separation from employment of
1766	each mobile home salesperson employed by the licensee. Each
1767	notification required in this subsection shall be on a form
1768	prescribed by the department.
1769	Section 35.  Subsections (3), (5), (6), (7), and (9) of
1770	section 320.781, Florida Statutes, are amended to read:
1771	320.781  Mobile Home and Recreational Vehicle Protection
1772	Trust Fund.--
1773	(3)  The trust fund shall be used to satisfy any judgment
1774	or claim by any person, as provided by this section, against a
1775	mobile home or recreational vehicle dealer or broker for
1776	damages, restitution, or expenses, including reasonable
1777	attorney's fees, resulting from a cause of action directly
1778	related to the conditions of any written contract made by him or
1779	her in connection with the sale, exchange, or improvement of any
1780	mobile home or recreational vehicle, or for any violation of
1781	chapter 319 or this chapter.
1782	(5)  Subject to the limitations and requirements of this
1783	section, the trust fund shall be used by the department to
1784	compensate persons who have unsatisfied judgments, or in certain
1785	limited circumstances unsatisfied claims, against a mobile home
1786	or recreational vehicle dealer or broker. The following
1787	conditions must exist to be eligible to file a claim against the
1788	trust fund in one of the following situations:
1789	(a)  The claimant has obtained a final judgment that which
1790	is unsatisfied against the mobile home or recreational vehicle
1791	dealer or broker or its surety jointly and severally, or against
1792	the mobile home dealer or broker only, if the court found that
1793	the surety was not liable due to prior payment of valid claims
1794	against the bond in an amount equal to, or greater than, the
1795	face amount of the applicable bond; or a claimant is prohibited
1796	from filing a claim in a lawsuit because a bankruptcy proceeding
1797	is pending by the dealer or broker and the claimant has filed a
1798	claim in that bankruptcy proceeding; or the dealer or broker has
1799	closed his or her business and cannot be found or located within
1800	the jurisdiction of this state; and.
1801	(b)  Either a claim has been made in a lawsuit against the
1802	surety and a judgment obtained is unsatisfied; or a claim has
1803	been made in a lawsuit against the surety that has been stayed
1804	or discharged in a bankruptcy proceeding; or a claimant is
1805	prohibited from filing a claim in a lawsuit because a bankruptcy
1806	proceeding is pending by surety or the surety is not liable due
1807	to the prior payment of valid claims against the bond in an
1808	amount equal to, or greater than, the face amount of the
1809	applicable bond. However, no claimant shall be entitled to
1810	recover against the trust fund if the claimant has recovered
1811	from the surety an amount that is equal to or greater than the
1812	total loss. The claimant has obtained a judgment against the
1813	surety of the mobile home or recreational vehicle dealer or
1814	broker that is unsatisfied.
1815	(c)  The claimant has alleged a claim against the mobile
1816	home or recreational vehicle dealer or broker in a lawsuit which
1817	has been stayed or discharged as a result of the filing for
1818	reorganization or discharge in bankruptcy by the dealer or
1819	broker, and judgment against the surety is not possible because
1820	of the bankruptcy or liquidation of the surety, or because the
1821	surety has been found by a court of competent jurisdiction not
1822	to be liable due to prior payment of valid claims against the
1823	bond in an amount equal to, or greater than, the face amount of
1824	the applicable bond.
1825	(6)  In order to recover from the trust fund, the person
1826	must file an application and verified claim with the department.
1827	(a)  If the claimant has obtained a judgment that which is
1828	unsatisfied against the mobile home or recreational vehicle
1829	dealer or broker or its surety as set forth in this section, the
1830	verified claim must specify the following:
1831	1.a.  That the judgment against the mobile home or
1832	recreational vehicle dealer or broker and its surety has been
1833	entered; or
1834	b.  That the judgment against the mobile home or
1835	recreational vehicle dealer or broker contains a specific
1836	finding that the surety has no liability, that execution has
1837	been returned unsatisfied, and that a judgment lien has been
1838	perfected;
1839	2.  The amount of actual damages broken down by category as
1840	awarded by the court or jury in the cause that which resulted in
1841	the unsatisfied judgment, and the amount of attorney's fees set
1842	forth in the unsatisfied judgment;
1843	3.  The amount of payment or other consideration received,
1844	if any, from the mobile home or recreational vehicle dealer or
1845	broker or its surety;
1846	4.  The amount that may be realized, if any, from the sale
1847	of real or personal property or other assets of the judgment
1848	debtor liable to be sold or applied in satisfaction of the
1849	judgment and the balance remaining due on the judgment after
1850	application of the amount that which has been realized and a
1851	certification that the claimant has made a good faith effort to
1852	collect the judgment; and
1853	5.  An assignment by claimant of rights, title, or interest
1854	in the unsatisfied judgment and judgment lien; and
1855	6.5. Such other information as the department requires.
1856	(b)  If the claimant has alleged a claim as set forth in
1857	paragraph (5)(a)(c) and for the reasons set forth therein has
1858	not been able to secure a judgment, the verified claim must
1859	contain the following:
1860	1.  A true copy of the pleadings in the lawsuit that which
1861	was stayed or discharged by the bankruptcy court and the order
1862	of the bankruptcy court staying those proceedings, or a true
1863	copy of the claim that was filed in the bankruptcy court
1864	proceeding;
1865	2.  Allegations of the acts or omissions by the mobile home
1866	or recreational vehicle dealer or broker setting forth the
1867	specific acts or omissions complained of that which resulted in
1868	actual damage to the person, along with the actual dollar amount
1869	necessary to reimburse or compensate the person for costs or
1870	expenses resulting from the acts or omissions of which the
1871	person complained;
1872	3.  True copies of all purchase agreements, notices,
1873	service or repair orders or papers or documents of any kind
1874	whatsoever that which the person received in connection with the
1875	purchase, exchange, or lease-purchase of the mobile home or
1876	recreational vehicle from which the person's cause of action
1877	arises; and
1878	4.  An assignment by claimant of rights, title, or interest
1879	in the claim to the department; and
1880	5.4.  Such other information as the department requires.
1881	(c)  The department may require such proof as it deems
1882	necessary to document the matters set forth in the claim.
1883	(7)  Within 90 days after receipt of the application and
1884	verified claim, the department shall issue its determination on
1885	the claim. Such determination shall not be subject to the
1886	provisions of chapter 120, but shall be reviewable only by writ
1887	of certiorari in the circuit court in the county in which the
1888	claimant resides in the manner and within the time provided by
1889	the Florida Rules of Appellate Procedure. The claim must be paid
1890	within 45 days after the determination, or, if judicial review
1891	is sought, within 45 days after the review becomes final. A
1892	person may not be paid an amount from the fund in excess of
1893	$25,000 per mobile home or recreational vehicle, which would
1894	include any damages, restitution, payments received as the
1895	result of a claim against the surety bond, or expenses,
1896	including reasonable attorney's fees. Prior to payment, the
1897	person must execute an assignment to the department of all the
1898	person's rights and title to, and interest in, the unsatisfied
1899	judgment and judgment lien or the claim against the dealer or
1900	broker and its surety.
1901	(9)  This section does not apply to any claim, and a person
1902	may not recover against the trust fund as the result of any
1903	claim, against a mobile home or recreational vehicle dealer or
1904	broker resulting from a cause of action directly related to the
1905	sale, lease-purchase, exchange, brokerage, or installation of a
1906	mobile home or recreational vehicle prior to July 1, 2006
1907	October 1, 1990.
1908	(11)  It is unlawful for any person or his or her agent to
1909	file any notice, statement, or other document required under
1910	this section which is false or contains any material
1911	misstatement of fact. Any person who violates this subsection is
1912	guilty of a misdemeanor of the second degree, punishable as
1913	provided in s. 775.082 or s. 775.083.
1914	Section 36.  Subsection (16) of section 322.01, Florida
1915	Statutes, is amended, subsections (24) through (40) are
1916	renumbered as subsections (25) through (41), respectively,
1917	subsections (41) and (42) are renumbered as subsections (44) and
1918	(45), respectively, and new subsections (24), (42), and (43) are
1919	added to that section, to read:
1920	322.01  Definitions.--As used in this chapter:
1921	(16)  "Driver's license" means a certificate that which,
1922	subject to all other requirements of law, authorizes an
1923	individual to drive a motor vehicle and that denotes an
1924	operator's license as defined in 49 U.S.C. s. 30301.
1925	(24)  "Identification card" means a personal identification
1926	card issued by the department that conforms to the definition in
1927	18 U.S.C. s. 1028(D).
1928	(42)  "Temporary driver's license" means a certificate
1929	issued by the department that, subject to all other requirements
1930	of law, authorizes an individual to drive a motor vehicle,
1931	denotes an operator's license as defined in 49 U.S.C. s. 30301,
1932	and denotes that the holder is not a permanent resident of the
1933	United States but is permitted to stay in the United States for
1934	a short duration of time specified on the license.
1935	(43)  "Temporary identification card" means a personal
1936	identification card issued by the department that conforms to
1937	the definition in 18 U.S.C. s. 1028(D) and denotes that the
1938	holder is not a permanent resident of the United States but is
1939	permitted to stay in the United States for a short duration of
1940	time specified on the card.
1941	Section 37.  Subsection (2) of section 322.05, Florida
1942	Statutes, is amended to read:
1943	322.05  Persons not to be licensed.--The department may not
1944	issue a license:
1945	(2)  To a person who is at least 16 years of age but is
1946	less than under  18 years of age unless the person meets the
1947	requirements of s. 322.091 and holds a valid:
1948	(a)  Learner's driver's license for at least 12 months,
1949	with no moving traffic convictions, before applying for a
1950	license;
1951	(b)  Learner's driver's license for at least 12 months and
1952	who has a moving traffic conviction but elects to attend a
1953	traffic driving school for which adjudication must be withheld
1954	pursuant to s. 318.14; or
1955	(c)  License that was issued in another state or in a
1956	foreign jurisdiction and that would not be subject to suspension
1957	or revocation under the laws of this state.
1958	Section 38.  Subsection (1) of section 322.051, Florida
1959	Statutes, is amended to read:
1960	322.051  Identification cards.--
1961	(1)  Any person who is 5 12 years of age or older, or any
1962	person who has a disability, regardless of age, who applies for
1963	a disabled parking permit under s. 320.0848, may be issued an
1964	identification card by the department upon completion of an
1965	application and payment of an application fee.
1966	(a)  Each such application shall include the following
1967	information regarding the applicant:
1968	1.  Full name (first, middle or maiden, and last), gender,
1969	social security card number, county of residence and mailing
1970	address, country of birth, and a brief description.
1971	2.  Proof of birth date satisfactory to the department.
1972	3.  Proof of identity satisfactory to the department. Such
1973	proof must include one of the following documents issued to the
1974	applicant:
1975	a.  A driver's license record or identification card record
1976	from another jurisdiction that required the applicant to submit
1977	a document for identification that which is substantially
1978	similar to a document required under sub-subparagraph b., sub-
1979	subparagraph c., sub-subparagraph d., sub-subparagraph e., sub-
1980	subparagraph f., or sub-subparagraph g.;
1981	b.  A certified copy of a United States birth certificate;
1982	c.  A United States passport;
1983	d.  A naturalization certificate issued by the United
1984	States Department of Homeland Security;
1985	e.  An alien registration receipt card (green card);
1986	f.  An employment authorization card issued by the United
1987	States Department of Homeland Security; or
1988	g.  Proof of nonimmigrant classification provided by the
1989	United States Department of Homeland Security, for an original
1990	identification card. In order to prove such nonimmigrant
1991	classification, applicants may produce but are not limited to
1992	the following documents:
1993	(I)  A notice of hearing from an immigration court
1994	scheduling a hearing on any proceeding.
1995	(II)  A notice from the Board of Immigration Appeals
1996	acknowledging pendency of an appeal.
1997	(III)  Notice of the approval of an application for
1998	adjustment of status issued by the United States Bureau of
1999	Citizenship and Immigration Services.
2000	(IV)  Any official documentation confirming the filing of a
2001	petition for asylum or refugee status or any other relief issued
2002	by the United States Bureau of Citizenship and Immigration
2003	Services.
2004	(V)  Notice of action transferring any pending matter from
2005	another jurisdiction to Florida, issued by the United States
2006	Bureau of Citizenship and Immigration Services.
2007	(VI)  Order of an immigration judge or immigration officer
2008	granting any relief that authorizes the alien to live and work
2009	in the United States including, but not limited to, asylum.
2010	(VII)  Evidence that an application is pending for
2011	adjustment of status to that of an alien lawfully admitted for
2012	permanent residence in the United States or conditional
2013	permanent resident status in the United States, provided that a
2014	visa number is available with a current priority date for
2015	processing by the United States Bureau of Citizenship and
2016	Immigration Services.
2017
2018	Presentation of any of the documents described in sub-
2019	subparagraph f. or sub-subparagraph g. entitles the applicant to
2020	an identification card for a period not to exceed the expiration
2021	date of the document presented or 1 year 2 years, whichever
2022	first occurs.
2023	(b)  An application for an identification card must be
2024	signed and verified by the applicant in a format designated by
2025	the department before a person authorized to administer oaths.
2026	The fee for an identification card is $3, including payment for
2027	the color photograph or digital image of the applicant.
2028	(c)  Each such applicant may include fingerprints and any
2029	other unique biometric means of identity.
2030	Section 39.  Paragraph (c) of subsection (2) of section
2031	322.08, Florida Statutes, is amended to read:
2032	322.08  Application for license.--
2033	(2)  Each such application shall include the following
2034	information regarding the applicant:
2035	(c)  Proof of identity satisfactory to the department. Such
2036	proof must include one of the following documents issued to the
2037	applicant:
2038	1.  A driver's license record or identification card record
2039	from another jurisdiction that required the applicant to submit
2040	a document for identification that which is substantially
2041	similar to a document required under subparagraph 2.,
2042	subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
2043	6., or subparagraph 7.;
2044	2.  A certified copy of a United States birth certificate;
2045	3.  A United States passport;
2046	4.  A naturalization certificate issued by the United
2047	States Department of Homeland Security;
2048	5.  An alien registration receipt card (green card);
2049	6.  An employment authorization card issued by the United
2050	States Department of Homeland Security; or
2051	7.  Proof of nonimmigrant classification provided by the
2052	United States Department of Homeland Security, for an original
2053	driver's license. In order to prove nonimmigrant classification,
2054	an applicant may produce the following documents, including, but
2055	not limited to:
2056	a.  A notice of hearing from an immigration court
2057	scheduling a hearing on any proceeding.
2058	b.  A notice from the Board of Immigration Appeals
2059	acknowledging pendency of an appeal.
2060	c.  A notice of the approval of an application for
2061	adjustment of status issued by the United States Citizenship and
2062	Immigration Services Immigration and Naturalization Service.
2063	d.  Any official documentation confirming the filing of a
2064	petition for asylum or refugee status or any other relief issued
2065	by the United States Immigration and Naturalization Service.
2066	e.  A notice of action transferring any pending matter from
2067	another jurisdiction to this state issued by the United States
2068	Citizenship and Immigration Services Immigration and
2069	Naturalization Service.
2070	f.  An order of an immigration judge or immigration officer
2071	granting any relief that authorizes the alien to live and work
2072	in the United States, including, but not limited to, asylum.
2073	g.  Evidence that an application is pending for adjustment
2074	of status to that of an alien lawfully admitted for permanent
2075	residence in the United States or conditional permanent resident
2076	status in the United States, provided that a visa number is
2077	available with a current priority date for processing by the
2078	United States Citizenship and Immigration Services.
2079
2080	Presentation of any of the documents in subparagraph 6. or
2081	subparagraph 7. entitles the applicant to a driver's license or
2082	temporary permit for a period not to exceed the expiration date
2083	of the document presented or 1 year 2 years, whichever occurs
2084	first.
2085	Section 40.   Effective July 1, 2008, paragraph (a) of
2086	subsection (5) of section 322.12, Florida Statutes, is amended
2087	to read:
2088	322.12  Examination of applicants.--
2089	(5)(a)  The department shall formulate a separate
2090	examination for applicants for licenses to operate motorcycles.
2091	Any applicant for a driver's license who wishes to operate a
2092	motorcycle, and who is otherwise qualified, must successfully
2093	complete such an examination, which is in addition to the
2094	examination administered under subsection (3). The examination
2095	must test the applicant's knowledge of the operation of a
2096	motorcycle and of any traffic laws specifically relating thereto
2097	and must include an actual demonstration of his or her ability
2098	to exercise ordinary and reasonable control in the operation of
2099	a motorcycle. Any applicant who fails to pass the initial
2100	knowledge examination will incur a $5 fee for each subsequent
2101	examination, to be deposited into the Highway Safety Operating
2102	Trust Fund. Any applicant who fails to pass the initial skills
2103	examination will incur a $10 fee for each subsequent
2104	examination, to be deposited into the Highway Safety Operating
2105	Trust Fund. In the formulation of the examination, the
2106	department shall consider the use of the Motorcycle Operator
2107	Skills Test and the Motorcycle in Traffic Test offered by the
2108	Motorcycle Safety Foundation. The department shall indicate on
2109	the license of any person who successfully completes the
2110	examination that the licensee is authorized to operate a
2111	motorcycle. If the applicant wishes to be licensed to operate a
2112	motorcycle only, he or she need not take the skill or road test
2113	required under subsection (3) for the operation of a motor
2114	vehicle, and the department shall indicate such a limitation on
2115	his or her license as a restriction. Every first-time applicant
2116	for licensure to operate a motorcycle who is under 21 years of
2117	age must provide proof of completion of a motorcycle safety
2118	course, as provided for in s. 322.0255, before the applicant may
2119	be licensed to operate a motorcycle.
2120	Section 41.  Subsection (8) of section 322.121, Florida
2121	Statutes, is amended to read:
2122	322.121  Periodic reexamination of all drivers.--
2123	(8)  In addition to any other examination authorized by
2124	this section, an applicant for a renewal of an endorsement
2125	issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) may
2126	be required to complete successfully an examination of his or
2127	her knowledge regarding state and federal rules, regulations,
2128	and laws, governing the type of vehicle that which he or she is
2129	seeking an endorsement to operate.
2130	Section 42.  Subsections (1) through (5), paragraphs (a)
2131	and (b) of subsection (6), subsections (7) and (8), paragraph
2132	(b) of subsection (10), and subsections (13) and (14) of section
2133	322.2615, Florida Statutes, are amended to read:
2134	322.2615  Suspension of license; right to review.--
2135	(1)(a)  A law enforcement officer or correctional officer
2136	shall, on behalf of the department, suspend the driving
2137	privilege of a person who is driving or in actual physical
2138	control of a motor vehicle with an has been arrested by a law
2139	enforcement officer for a violation of s. 316.193, relating to
2140	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2141	higher, or of a person who has refused to submit to a breath,
2142	urine, or blood test or a test of his or her breath-alcohol or
2143	blood-alcohol level authorized by s. 316.1932. The officer shall
2144	take the person's driver's license and issue the person a 10-day
2145	temporary permit if the person is otherwise eligible for the
2146	driving privilege and shall issue the person a notice of
2147	suspension. If a blood test has been administered, the results
2148	of which are not available to the officer or at the time of the
2149	arrest, the agency employing the officer shall transmit the such
2150	results to the department within 5 days after receipt of the
2151	results. If the department then determines that the person was
2152	arrested for a violation of s. 316.193 and that the person had a
2153	blood-alcohol level or breath-alcohol level of 0.08 or higher,
2154	the department shall suspend the person's driver's license
2155	pursuant to subsection (3).
2156	(b)  The suspension under paragraph (a) shall be pursuant
2157	to, and the notice of suspension shall inform the driver of, the
2158	following:
2159	1.a.  The driver refused to submit to a lawful breath,
2160	blood, or urine test and his or her driving privilege is
2161	suspended for a period of 1 year for a first refusal or for a
2162	period of 18 months if his or her driving privilege has been
2163	previously suspended as a result of a refusal to submit to such
2164	a test; or
2165	b.  The driver was driving or in actual physical control of
2166	a motor vehicle violated s. 316.193 by driving with an unlawful
2167	blood-alcohol level or breath-alcohol level of 0.08 or higher as
2168	provided in that section and his or her driving privilege is
2169	suspended for a period of 6 months for a first offense or for a
2170	period of 1 year if his or her driving privilege has been
2171	previously suspended under this section for a violation of s.
2172	316.193.
2173	2.  The suspension period shall commence on the date of
2174	arrest or issuance of the notice of suspension, whichever is
2175	later.
2176	3.  The driver may request a formal or informal review of
2177	the suspension by the department within 10 days after the date
2178	of arrest or issuance of the notice of suspension, whichever is
2179	later.
2180	4.  The temporary permit issued at the time of suspension
2181	arrest will expire at midnight of the 10th day following the
2182	date of arrest or issuance of the notice of suspension,
2183	whichever is later.
2184	5.  The driver may submit to the department any materials
2185	relevant to the suspension arrest.
2186	(2)  Except as provided in paragraph (1)(a), the law
2187	enforcement officer shall forward to the department, within 5
2188	days after issuing the date of the arrest, a copy of the notice
2189	of suspension, the person's driver's license and of the person
2190	arrested, and a report of the arrest, including an affidavit
2191	stating the officer's grounds for belief that the person was
2192	driving or in actual physical control of a motor vehicle while
2193	under the influence of alcoholic beverages or chemical or
2194	controlled substances arrested was in violation of s. 316.193;
2195	the results of any breath or blood test or an affidavit stating
2196	that a breath, blood, or urine test was requested by a law
2197	enforcement officer or correctional officer and that the person
2198	arrested refused to submit; a copy of the citation issued to the
2199	person arrested; and the officer's description of the person's
2200	field sobriety test, if any; a copy of the crash report, if any;
2201	and the notice of suspension. The failure of the officer to
2202	submit materials within the 5-day period specified in this
2203	subsection and in subsection (1) shall not affect the
2204	department's ability to consider any evidence submitted at or
2205	prior to the hearing. The officer may also submit a copy of a
2206	videotape of the field sobriety test or the attempt to
2207	administer such test. Materials submitted to the department by a
2208	law enforcement agency or correctional agency shall be
2209	considered self-authenticating and shall be in the record for
2210	consideration by the hearing officer. Notwithstanding s.
2211	316.066(4), the crash report shall be considered by the hearing
2212	officer.
2213	(3)  If the department determines that the license of the
2214	person arrested should be suspended pursuant to this section and
2215	if the notice of suspension has not already been served upon the
2216	person by a law enforcement officer or correctional officer as
2217	provided in subsection (1), the department shall issue a notice
2218	of suspension and, unless the notice is mailed pursuant to s.
2219	322.251, a temporary permit that which expires 10 days after the
2220	date of issuance if the driver is otherwise eligible.
2221	(4)  If the person whose license is suspended arrested
2222	requests an informal review pursuant to subparagraph (1)(b)3.,
2223	the department shall conduct the informal review by a hearing
2224	officer employed by the department. Such informal review hearing
2225	shall consist solely of an examination by the department of the
2226	materials submitted by a law enforcement officer or correctional
2227	officer and by the person whose license is suspended arrested,
2228	and the presence of an officer or witness is not required.
2229	(5)  After completion of the informal review, notice of the
2230	department's decision sustaining, amending, or invalidating the
2231	suspension of the person's driver's license of the person
2232	arrested must be provided to such person. Such notice must be
2233	mailed to the person at the last known address shown on the
2234	department's records, or to the address provided in the law
2235	enforcement officer's report if such address differs from the
2236	address of record, within 21 days after the expiration of the
2237	temporary permit issued pursuant to subsection (1) or subsection
2238	(3).
2239	(6)(a)  If the person whose license is suspended arrested
2240	requests a formal review, the department must schedule a hearing
2241	to be held within 30 days after such request is received by the
2242	department and must notify the person of the date, time, and
2243	place of the hearing.
2244	(b)  Such formal review hearing shall be held before a
2245	hearing officer employed by the department, and the hearing
2246	officer shall be authorized to administer oaths, examine
2247	witnesses and take testimony, receive relevant evidence, issue
2248	subpoenas for the officers and witnesses identified in documents
2249	provided in subsection (2), regulate the course and conduct of
2250	the hearing, question witnesses, and make a ruling on the
2251	suspension. The department and the person arrested may subpoena
2252	witnesses, and the party requesting the presence of a witness
2253	shall be responsible for the payment of any witness fees and for
2254	notifying in writing the state attorney's office in the
2255	appropriate circuit of the issuance of the subpoena. If the
2256	person who requests a formal review hearing fails to appear and
2257	the hearing officer finds such failure to be without just cause,
2258	the right to a formal hearing is waived and the suspension shall
2259	be sustained.
2260	(7)  In a formal review hearing under subsection (6) or an
2261	informal review hearing under subsection (4), the hearing
2262	officer shall determine by a preponderance of the evidence
2263	whether sufficient cause exists to sustain, amend, or invalidate
2264	the suspension. The scope of the review shall be limited to the
2265	following issues:
2266	(a)  If the license was suspended for driving with an
2267	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2268	higher in violation of s. 316.193:
2269	1.  Whether the arresting law enforcement officer had
2270	probable cause to believe that the person whose license is
2271	suspended was driving or in actual physical control of a motor
2272	vehicle in this state while under the influence of alcoholic
2273	beverages or chemical or controlled substances.
2274	2.  Whether the person was placed under lawful arrest for a
2275	violation of s. 316.193.
2276	2.3.  Whether the person whose license is suspended had an
2277	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2278	higher as provided in s. 316.193.
2279	(b)  If the license was suspended for refusal to submit to
2280	a breath, blood, or urine test:
2281	1.  Whether the arresting law enforcement officer had
2282	probable cause to believe that the person whose license is
2283	suspended was driving or in actual physical control of a motor
2284	vehicle in this state while under the influence of alcoholic
2285	beverages or chemical or controlled substances.
2286	2.  Whether the person was placed under lawful arrest for a
2287	violation of s. 316.193.
2288	2.3.  Whether the person whose license is suspended refused
2289	to submit to any such test after being requested to do so by a
2290	law enforcement officer or correctional officer.
2291	3.4.  Whether the person whose license is suspended was
2292	told that if he or she refused to submit to such test his or her
2293	privilege to operate a motor vehicle would be suspended for a
2294	period of 1 year or, in the case of a second or subsequent
2295	refusal, for a period of 18 months.
2296	(8)  Based on the determination of the hearing officer
2297	pursuant to subsection (7) for both informal hearings under
2298	subsection (4) and formal hearings under subsection (6), the
2299	department shall:
2300	(a)  Sustain the suspension of the person's driving
2301	privilege for a period of 1 year for a first refusal, or for a
2302	period of 18 months if the driving privilege of such person has
2303	been previously suspended as a result of a refusal to submit to
2304	such tests, if the arrested person refused to submit to a lawful
2305	breath, blood, or urine test. The suspension period commences on
2306	the date of the arrest or issuance of the notice of suspension,
2307	whichever is later.
2308	(b)  Sustain the suspension of the person's driving
2309	privilege for a period of 6 months for a blood-alcohol level or
2310	breath-alcohol level of 0.08 or higher violation of s. 316.193,
2311	or for a period of 1 year if the driving privilege of such
2312	person has been previously suspended under this section as a
2313	result of driving with an unlawful blood-alcohol level or
2314	breath-alcohol level a violation of s. 316.193. The suspension
2315	period commences on the date of the arrest or issuance of the
2316	notice of suspension, whichever is later.
2317	(10)  A person whose driver's license is suspended under
2318	subsection (1) or subsection (3) may apply for issuance of a
2319	license for business or employment purposes only if the person
2320	is otherwise eligible for the driving privilege pursuant to s.
2321	322.271.
2322	(b)  If the suspension of the person's driver's license of
2323	the person arrested for a violation of s. 316.193, relating to
2324	an unlawful blood-alcohol level or breath-alcohol level of 0.08
2325	or higher, is sustained, the person is not eligible to receive a
2326	license for business or employment purposes only pursuant to s.
2327	322.271 until 30 days have elapsed after the expiration of the
2328	last temporary permit issued. If the driver is not issued a 10-
2329	day permit pursuant to this section or s. 322.64 because he or
2330	she is ineligible for the permit and the suspension for a
2331	violation of s. 316.193, relating to an unlawful blood-alcohol
2332	level or breath-alcohol level of 0.08 or higher, is not
2333	invalidated by the department, the driver is not eligible to
2334	receive a business or employment license pursuant to s. 322.271
2335	until 30 days have elapsed from the date of the suspension
2336	arrest.
2337	(13)  A person may appeal any decision of the department
2338	sustaining a suspension of his or her driver's license by a
2339	petition for writ of certiorari to the circuit court in the
2340	county wherein such person resides or wherein a formal or
2341	informal review was conducted pursuant to s. 322.31. However, an
2342	appeal shall not stay the suspension. A law enforcement agency
2343	may appeal any decision of the department invalidating a
2344	suspension by a petition for writ of certiorari to the circuit
2345	court in the county where a formal or informal review was
2346	conducted. This subsection shall not be construed to provide for
2347	a de novo appeal.
2348	(14)(a)  The decision of the department under this section
2349	or any circuit court review thereof may not be considered in any
2350	trial for a violation of s. 316.193, and a written statement
2351	submitted by a person in his or her request for departmental
2352	review under this section may not be admitted into evidence
2353	against him or her in any such trial.
2354	(b)  The disposition of any related criminal proceedings
2355	does not affect a suspension for refusal to submit to a blood,
2356	breath, or urine test, authorized by s. 316.1932 or s. 316.1933,
2357	imposed under this section.
2358	Section 43.  Paragraph (d) of subsection (3) of section
2359	322.27, Florida Statutes, is amended, and paragraph (j) is added
2360	to that subsection, to read:
2361	322.27  Authority of department to suspend or revoke
2362	license.--
2363	(3)  There is established a point system for evaluation of
2364	convictions of violations of motor vehicle laws or ordinances,
2365	and violations of applicable provisions of s. 403.413(6)(b) when
2366	such violations involve the use of motor vehicles, for the
2367	determination of the continuing qualification of any person to
2368	operate a motor vehicle. The department is authorized to suspend
2369	the license of any person upon showing of its records or other
2370	good and sufficient evidence that the licensee has been
2371	convicted of violation of motor vehicle laws or ordinances, or
2372	applicable provisions of s. 403.413(6)(b), amounting to 12 or
2373	more points as determined by the point system. The suspension
2374	shall be for a period of not more than 1 year.
2375	(d)  The point system shall have as its basic element a
2376	graduated scale of points assigning relative values to
2377	convictions of the following violations:
2378	1.  Reckless driving, willful and wanton--4 points.
2379	2.  Leaving the scene of a crash resulting in property
2380	damage of more than $50--6 points.
2381	3.  Unlawful speed resulting in a crash--6 points.
2382	4.  Passing a stopped school bus--4 points.
2383	5.  Unlawful speed:
2384	a.  Not in excess of 15 miles per hour of lawful or posted
2385	speed--3 points.
2386	b.  In excess of 15 miles per hour but not in excess of 30
2387	miles per hour of lawful or posted speed--4 points.
2388	c.  In excess of 30 miles per hour of lawful or posted
2389	speed--6 points.
2390	6.a.  A violation of a traffic control signal device as
2391	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
2392	b.  A violation of a traffic control signal device as
2393	provided in s. 316.074(1) or s. 316.075(1)(c)1. resulting in a
2394	crash--6 points.
2395	7.  All other moving violations (including parking on a
2396	highway outside the limits of a municipality)--3 points.
2397	However, no points shall be imposed for a violation of s.
2398	316.0741 or s. 316.2065(12).
2399	8.  Any moving violation covered above, excluding unlawful
2400	speed, resulting in a crash--4 points.
2401	9.  Any conviction under s. 403.413(6)(b)--3 points.
2402	10.  Any conviction under s. 316.0775(2)--4 points.
2403	(j)  For purposes of sub-subparagraph (d)5.c., the term
2404	"conviction" means a finding of guilt, with or without
2405	adjudication of guilt, as a result of a jury verdict, nonjury
2406	trial, or entry of a plea of guilty or nolo contendere,
2407	notwithstanding s. 318.14(11).
2408	Section 44.  Effective upon this act becoming a law,
2409	paragraph (a) of subsection (8) of section 320.08056, Florida
2410	Statutes, is amended to read:
2411	320.08056  Specialty license plates.--
2412	(8)(a)  The department must discontinue the issuance of an
2413	approved specialty license plate if the number of valid
2414	specialty plate registrations falls below 1,000 plates for at
2415	least 12 consecutive months. A warning letter shall be mailed to
2416	the sponsoring organization following the first month in which
2417	the total number of valid specialty plate registrations is below
2418	1,000 plates. This paragraph does not apply to collegiate
2419	license plates established under s. 320.08058(3).
2420	Section 45.  Subsection (3) of section 316.172, Florida
2421	Statutes, is renumbered as subsection (4), and a new subsection
2422	(3) is added to that section to read:
2423	316.172  Traffic to stop for school bus.--
2424	(3)  When a school bus is stopped with warning lights
2425	displayed and is discharging or loading passengers, the area of
2426	highway 500 linear feet in front of the bus and 500 linear feet
2427	behind the bus shall be considered a school bus stop zone. A
2428	person may not drive a vehicle on a roadway considered a school
2429	bus stop zone at a speed greater than that posted for that
2430	location. Violation of the speed limit within the school bus
2431	stop zone must be cited as a moving violation, punishable as
2432	provided in chapter 318.
2433	Section 46.  Paragraph (c) of subsection (3) of section
2434	318.18, Florida Statutes, is amended to read:
2435	318.18  Amount of civil penalties.--The penalties required
2436	for a noncriminal disposition pursuant to s. 318.14 are as
2437	follows:
2438	(3)
2439	(c)  Notwithstanding paragraph (b), a person cited for
2440	exceeding the speed limit by up to 5 m.p.h. in a legally posted
2441	school zone or school bus stop zone will be fined $50. A person
2442	exceeding the speed limit in a school zone or school bus stop
2443	zone shall pay a fine double the amount listed in paragraph (b).
2444	Section 47.  This act may be cited as the "Mann Family
2445	Memorial Highway Safety Act."
2446	Section 48.  Paragraph (b) of subsection (2) and paragraph
2447	(b) of subsection (3) of section 316.006, Florida Statutes, are
2448	amended to read:
2449	316.006  Jurisdiction.--Jurisdiction to control traffic is
2450	vested as follows:
2451	(2)  MUNICIPALITIES.--
2452	(b)  A municipality may exercise jurisdiction over any
2453	private road or roads, or over any limited access road or roads
2454	owned or controlled by a special district, located within its
2455	boundaries if the municipality and party or parties owning or
2456	controlling such road or roads provide, by written agreement
2457	approved by the governing body of the municipality, for
2458	municipal traffic control jurisdiction over the road or roads
2459	encompassed by such agreement. Pursuant thereto:
2460	1.  Provision for reimbursement for actual costs of traffic
2461	control and enforcement and for liability insurance and
2462	indemnification by the party or parties, and such other terms as
2463	are mutually agreeable, may be included in such an agreement.
2464	2.  The exercise of jurisdiction provided for herein shall
2465	be in addition to jurisdictional authority presently exercised
2466	by municipalities under law, and nothing in this paragraph shall
2467	be construed to limit or remove any such jurisdictional
2468	authority. Such jurisdiction includes regulation of access to
2469	such road or roads by security devices or personnel.
2470	3.  Any such agreement may provide for the installation of
2471	multiparty stop signs by the parties controlling the roads
2472	covered by the agreement if a determination is made by such
2473	parties that the signage will enhance traffic safety. Multiparty
2474	stop signs must conform to the manual and specifications of the
2475	Department of Transportation; however, minimum traffic volumes
2476	may not be required for the installation of such signage.
2477	Enforcement for the signs shall be as provided in s. 316.123.
2478	4.  The board of directors of a homeowners' association as
2479	defined in chapter 720 may, by majority vote, elect to have
2480	state traffic laws enforced by local law enforcement agencies on
2481	private roads that are controlled by the association.
2482	(3)  COUNTIES.--
2483	(b)  A county may exercise jurisdiction over any private
2484	road or roads, or over any limited access road or roads owned or
2485	controlled by a special district, located in the unincorporated
2486	area within its boundaries if the county and party or parties
2487	owning or controlling such road or roads provide, by written
2488	agreement approved by the governing body of the county, for
2489	county traffic control jurisdiction over the road or roads
2490	encompassed by such agreement.  Pursuant thereto:
2491	1.  Provision for reimbursement for actual costs of traffic
2492	control and enforcement and for liability insurance and
2493	indemnification by the party or parties, and such other terms as
2494	are mutually agreeable, may be included in such an agreement.
2495	2.  Prior to entering into an agreement which provides for
2496	enforcement of the traffic laws of the state over a private road
2497	or roads, or over any limited access road or roads owned or
2498	controlled by a special district, the governing body of the
2499	county shall consult with the sheriff. No such agreement shall
2500	take effect prior to October 1, the beginning of the county
2501	fiscal year, unless this requirement is waived in writing by the
2502	sheriff.
2503	3.  The exercise of jurisdiction provided for herein shall
2504	be in addition to jurisdictional authority presently exercised
2505	by counties under law, and nothing in this paragraph shall be
2506	construed to limit or remove any such jurisdictional authority.
2507	4.  Any such agreement may provide for the installation of
2508	multiparty stop signs by the parties controlling the roads
2509	covered by the agreement if a determination is made by such
2510	parties that the signage will enhance traffic safety. Multiparty
2511	stop signs must conform to the manual and specifications of the
2512	Department of Transportation; however, minimum traffic volumes
2513	may not be required for the installation of such signage.
2514	Enforcement for the signs shall be as provided in s. 316.123.
2515	5.  The board of directors of a homeowners' association as
2516	defined in chapter 720 may, by majority vote, elect to have
2517	state traffic laws enforced by local law enforcement agencies on
2518	private roads that are controlled by the association.
2519	Section 49.  Section 318.1215, Florida Statutes, is amended
2520	to read:
2521	318.1215  Dori Slosberg Driver Education Safety
2522	Act.--Effective October 1, 2002, Notwithstanding the provisions
2523	of s. 318.121, a board of county commissioners may require, by
2524	ordinance, that the clerk of the court collect an additional $5
2525	$3 with each civil traffic penalty, which shall be used to fund
2526	driver education programs in public and nonpublic schools. The
2527	ordinance shall provide for the board of county commissioners to
2528	administer the funds, which shall be used for enhancement, and
2529	not replacement, of driver education program funds. The funds
2530	shall be used for direct educational expenses and shall not be
2531	used for administration. Each driver education program receiving
2532	funds pursuant to this section shall require that a minimum of
2533	30 percent of a student's time in the program be behind-the-
2534	wheel training. This section may be cited as the "Dori Slosberg
2535	Driver Education Safety Act."
2536	Section 50.  Subsection (2) of section 318.15, Florida
2537	Statutes, is amended to read:
2538	318.15  Failure to comply with civil penalty or to appear;
2539	penalty.--
2540	(2)  After suspension of the driver's license and privilege
2541	to drive of a person under subsection (1), the license and
2542	privilege may not be reinstated until the person complies with
2543	all obligations and penalties imposed on him or her under s.
2544	318.18 and presents to a driver license office a certificate of
2545	compliance issued by the court, together with a nonrefundable
2546	service charge of up to $47.50 imposed under s. 322.29, or
2547	presents a certificate of compliance and pays the aforementioned
2548	service charge of up to $47.50 to the clerk of the court or a
2549	driver licensing agent authorized in s. 322.135 tax collector
2550	clearing such suspension. Of the charge collected by the clerk
2551	of the court or driver licensing agent the tax collector, $10
2552	shall be remitted to the Department of Revenue to be deposited
2553	into the Highway Safety Operating Trust Fund. Such person shall
2554	also be in compliance with requirements of chapter 322 prior to
2555	reinstatement.
2556	Section 51.  Effective July 1, 2006, paragraph (a) of
2557	subsection (8) of section 320.08056, Florida Statutes, is
2558	amended to read:
2559	320.08056  Specialty license plates.--
2560	(8)(a)  The department must discontinue the issuance of an
2561	approved specialty license plate if the number of valid
2562	specialty plate registrations falls below 1,000 plates for at
2563	least 12 consecutive months. A warning letter shall be mailed to
2564	the sponsoring organization following the first month in which
2565	the total number of valid specialty plate registrations is below
2566	1,000 plates. This paragraph does not apply to collegiate
2567	license plates established under s. 320.08058(3).
2568	Section 52.  Subsection (1) of section 322.02, Florida
2569	Statutes, is amended to read:
2570	322.02  Legislative intent; administration.--
2571	(1)  The Legislature finds that over the past several years
2572	the department and individual county tax collectors have entered
2573	into contracts for the delivery of full and limited driver
2574	license services where such contractual relationships best
2575	served the public interest through state administration and
2576	enforcement and local government implementation. It is the
2577	intent of the Legislature that future interests and processes
2578	for developing and expanding the department's relationship with
2579	tax collectors and other county constitutional officers through
2580	contractual relationships for the delivery of driver license
2581	services be achieved through the provisions of this chapter,
2582	thereby serving best the public interest considering
2583	accountability, cost-effectiveness, efficiency, responsiveness,
2584	and high-quality service to the drivers in Florida.
2585	Section 53.  Subsection (10) is added to section 322.135,
2586	Florida Statutes, to read:
2587	322.135  Driver's license agents.--
2588	(10)  The department may contract with any county
2589	constitutional officer to provide driver license services in the
2590	same manner as provided in this section in a county where the
2591	tax collector is not elected or elects not to provide driver
2592	license services.
2593	Section 54.  Subsection (1) of section 627.733, Florida
2594	Statutes, is amended to read:
2595	627.733  Required security.--
2596	(1)(a)  Every owner or registrant of a motor vehicle, other
2597	than a motor vehicle used as a taxicab, school bus as defined in
2598	s. 1006.25, or limousine, required to be registered and licensed
2599	in this state shall maintain security as required by subsection
2600	(3) in effect continuously throughout the registration or
2601	licensing period.
2602	(b)  Every owner or registrant of a motor vehicle used as a
2603	taxicab shall maintain security as required under s. 324.032(1).
2604	Section 55.  Subsection (1) of section 324.032, Florida
2605	Statutes, is amended to read:
2606	324.032  Manner of proving financial responsibility; for-
2607	hire passenger transportation vehicles.--Notwithstanding the
2608	provisions of s. 324.031:
2609	(1)(a)  A person who is either the owner or a lessee
2610	required to maintain insurance under s. 627.733(1)(b) s.
2611	324.021(9)(b) and who operates one or more taxicabs, limousines,
2612	jitneys, or any other for-hire passenger transportation vehicles
2613	may prove financial responsibility by furnishing satisfactory
2614	evidence of holding a motor vehicle liability policy as defined
2615	in s. 324.031, but with minimum limits of
2616	$125,000/250,000/50,000.
2617	(b)  A person who is either the owner or a lessee required
2618	to maintain insurance under s. 324.021(9)(b) and who operates
2619	limousines, jitneys, or any other for-hire passenger vehicles,
2620	other than taxicabs, may prove financial responsibility by
2621	furnishing satisfactory evidence of holding a motor vehicle
2622	liability policy as defined in s. 324.031.
2623
2624	Upon request by the department, the applicant must provide the
2625	department at the applicant's principal place of business in
2626	this state access to the applicant's underlying financial
2627	information and financial statements that provide the basis of
2628	the certified public accountant's certification. The applicant
2629	shall reimburse the requesting department for all reasonable
2630	costs incurred by it in reviewing the supporting information.
2631	The maximum amount of self-insurance permissible under this
2632	subsection is $300,000 and must be stated on a per-occurrence
2633	basis, and the applicant shall maintain adequate excess
2634	insurance issued by an authorized or eligible insurer licensed
2635	or approved by the Office of Insurance Regulation. All risks
2636	self-insured shall remain with the owner or lessee providing it,
2637	and the risks are not transferable to any other person, unless a
2638	policy complying with subsection (1) is obtained.
2639	Section 56.  (1)  The Department of Highway Safety and
2640	Motor Vehicles shall study the outsourcing of its driver license
2641	services and shall make recommendations to the Governor, the
2642	President of the Senate, and the Speaker of the House of
2643	Representatives by January 1, 2007. As used in this section, the
2644	term "outsourcing" means the process of contracting with an
2645	external service provider or other governmental agency to
2646	provide a service, in whole or in part, while the department
2647	retains the responsibility and accountability for the service.
2648	(2)  As part of its study, the department shall provide a
2649	description of the services to be outsourced. Types of issues
2650	for the department to consider must include, but need not be
2651	limited to:
2652	(a)  A detailed description of the service to be outsourced
2653	and a description and analysis of the department's current
2654	performance of the service.
2655	(b)  A cost-benefit analysis describing the estimated
2656	specific direct and indirect costs or savings; performance
2657	improvements, including reduced wait times at driver license
2658	offices; risks; and qualitative and quantitative benefits
2659	involved in or resulting from outsourcing the service. The cost-
2660	benefit analysis must include a detailed plan and timeline
2661	identifying all actions that must be implemented to realize the
2662	expected benefits.
2663	(c)  A statement of the potential effect on applicable
2664	federal, state, and local revenues and expenditures. The
2665	statement must specifically describe the effect on general
2666	revenue, trust funds, general revenue service charges, and
2667	interest on trust funds, together with the potential direct or
2668	indirect effect on federal funding and cost allocations.
2669	(d)  A plan to ensure compliance with public records law.
2670	(e)  A transition and implementation plan for addressing
2671	changes in the number of department personnel, affected business
2672	processes, and employee-transition issues. Such a plan must also
2673	specify the mechanism for continuing the operation of the
2674	service if the contractor fails to perform or comply with the
2675	performance standards and provisions of the contract. Within
2676	this plan, the department shall identify all resources,
2677	including full-time equivalent positions, that are subject to
2678	outsourcing.
2679	Section 57.  Except as otherwise expressly provided in this
2680	act, and except for this section, which shall take effect upon
2681	this act becoming a law, this act shall take effect October 1,
2682	2006.

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