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; amending s. 316.2095, F.S.; deleting a
48	requirement that certain motorcycles be equipped with
49	passenger handholds; amending s. 316.211, F.S.; requiring
50	motorcycles registered to certain persons to display a
51	license plate that is unique in design and color;
52	providing penalties; creating s. 316.2123, F.S.;
53	prohibiting operation of all-terrain vehicles on public
54	roads and streets; providing an exception for operation on
55	described roadways; providing conditions; requiring the
56	operator to provide proof of ownership to a law
57	enforcement officer; providing for a local government to
58	restrict such operation; amending s. 316.2125, F.S.;
59	providing for a local governmental entity to enact an
60	ordinance regarding golf cart operation and equipment that
61	is more restrictive than specified provisions; limiting
62	application of such ordinance to unlicensed drivers;
63	creating s. 316.2128, F.S.; providing notice requirements
64	for commercial sale of motorized scooters and miniature
65	motorcycles; providing a definition; providing that a
66	violation of the notice requirements is an unfair and
67	deceptive trade practice; amending s. 316.221, F.S.;
68	providing an exemption from certain taillamp requirements
69	for dump trucks and vehicles with dump bodies; amending s.
70	316.302, F.S.; updating reference to federal commercial
71	motor vehicle regulations; revising hours-of-service
72	requirements for certain intrastate motor carriers;
73	revising conditions for an exemption from commercial
74	driver license requirements; revising weight requirements
75	for application of certain exceptions to specified federal
76	regulations and to operation of certain commercial motor
77	vehicles by persons of a certain age; amending s. 316.515,
78	F.S.; authorizing the Department of Transportation to
79	issue overwidth permits for certain implements of
80	husbandry; authorizing certain uses of forestry equipment;
81	providing width and speed limitations; requiring such
82	vehicles to be operated during daylight hours and in
83	accordance with specified safety requirements; revising
84	length and mount requirements for automobile towaway and
85	driveaway operations; authorizing saddle mount
86	combinations to include one full mount; requiring saddle
87	mount combinations to comply with specified safety
88	regulations; amending s. 318.14, F.S.; providing
89	exceptions to procedures for disposition of citations for
90	certain traffic violations; removing the option for
91	certain offenders to attend driver improvement school;
92	amending s. 318.143, F.S.; revising provisions for court-
93	imposed sanctions on a minor for specified traffic
94	violations; authorizing a court to require a minor and his
95	or her parents or guardian to participate in a registered
96	youthful driver monitoring service; creating s. 318.1435,
97	F.S.; providing for youthful driver monitoring services;
98	providing for registration with the Department of Highway
99	Safety and Motor Vehicles; amending s. 318.18, F.S.;
100	revising penalty provisions to provide for certain
101	criminal penalties; providing increased penalties for
102	certain speed limit violations; defining "conviction" for
103	specified purposes; increasing penalties for violations of
104	vehicle load requirements; imposing a surcharge to be paid
105	for specified traffic-related criminal offenses and all
106	noncriminal moving traffic violations; providing for the
107	proceeds of the surcharge to be used for the state agency
108	law enforcement radio system; amending s. 318.21, F.S.;
109	revising provisions for disposition of civil penalties to
110	provide for distribution of a specified surcharge;
111	amending s. 318.19, F.S.; requiring mandatory hearings for
112	certain speed limit violations; amending s. 318.32, F.S.;
113	revising the powers of civil traffic infraction hearing
114	officers; amending s. 320.015, F.S.; revising provisions
115	relating to the taxation of mobile homes to clarify when
116	specified prefabricated or modular housing units shall be
117	taxed as real property; providing construction with
118	respect to display homes or other inventory being held for
119	sale by a manufacturer or dealer of modular housing units;
120	amending s. 320.02, F.S.; requiring proof of required
121	endorsement on a driver license as a condition for
122	original registration of a motorcycle, motor-driven cycle,
123	or moped; amending s. 320.03, F.S.; revising the
124	requirement to withhold issuance of a license plate or
125	revalidation sticker from certain persons to exempt the
126	owner of a leased vehicle when that vehicle is registered
127	in the name of the lessee; amending s. 320.07, F.S.;
128	providing for responsibility for certain registration
129	violations when the motor vehicle involved is leased and
130	registered in the name of the lessee; amending s.
131	320.0706, F.S.; revising requirements for display of
132	license plates; providing display requirements for dump
133	trucks; prohibiting display in such a manner that the
134	letters and numbers and their proper sequence are not
135	readily identifiable; amending s. 320.08056, F.S.;
136	establishing an annual use fee for the Future Farmers of
137	America license plate; amending s. 320.08058, F.S.;
138	revising provisions for distribution of revenues received
139	from the sale of Sportsmen's National Land Trust license
140	plates; creating the Future Farmers of America license
141	plate and providing for use of funds received from the
142	sale of the plates; amending s. 320.0807, F.S.; providing
143	for license plates for legislative presiding officers;
144	amending s. 320.089, F.S.; providing for Operation Iraqi
145	Freedom and Operation Enduring Freedom license plates for
146	qualified military personnel; amending s. 320.27, F.S.;
147	revising motor vehicle dealer licensing requirements;
148	revising certain training provisions; correcting
149	terminology; correcting a cross-reference; providing for
150	denial, suspension, or revocation of a license for failure
151	to register a mobile home salesperson; amending s.
152	320.405, F.S.; authorizing the department to enter into
153	agreements to schedule payments to settle certain
154	liabilities under the International Registration Plan;
155	amending s. 320.77, F.S.; revising mobile home dealer
156	license requirements; defining "mobile home salesperson";
157	requiring licensees to register salespersons; providing
158	registration criteria and procedures; requiring the
159	licensee to report salesperson separation from employment
160	to the department; amending s. 320.781, F.S.; revising
161	criteria for use of funds in the Mobile Home and
162	Recreational Vehicle Protection Trust Fund to settle a
163	judgment or claim against a mobile home or recreational
164	vehicle dealer or broker for damages, restitution, or
165	expenses; revising conditions for filing a claim and for
166	receiving payment; revising application provisions;
167	amending s. 322.01, F.S.; revising the definition of
168	"driver's license"; defining "identification card,"
169	"temporary driver's license," and "temporary
170	identification card"; amending s. 322.05, F.S.; revising
171	requirements for a person who has not attained 18 years of
172	age to be issued a driver license; amending s. 322.051,
173	F.S.; revising the age requirement for issuance of an
174	identification card; revising criteria for proof of the
175	identity and status of an applicant for an identification
176	card; revising the period of issuance for certain
177	temporary identification cards; amending s. 322.08, F.S.;
178	revising criteria for proof of the identity and status of
179	an applicant for a driver license; revising the period of
180	issuance for certain temporary driver licenses or permits;
181	amending s. 322.12, F.S.; requiring all first-time
182	applicants for licensure to operate a motorcycle to
183	provide proof of completion of a motorcycle safety course;
184	amending s. 322.121, F.S.; revising periodic license
185	examination requirements; providing for such testing of
186	applicants for renewal of a license under provisions
187	requiring an endorsement permitting the applicant to
188	operate a tank vehicle transporting hazardous materials;
189	amending s. 322.2615, F.S.; revising provisions for
190	suspension of driver licenses and review of suspension by
191	the department; revising procedures; revising terms of
192	suspension; revising validity of temporary permit issued;
193	revising criteria for notice of the suspension; revising
194	requirements for information provided by the officer to
195	the department; providing that certain materials shall be
196	considered self-authenticating and available to a hearing
197	officer; revising authority of the hearing officer to
198	subpoena and question witnesses; revising provisions for
199	review of the suspension; removing provision for the
200	department and the person arrested to subpoena witnesses;
201	revising provisions for the scope of a review of the
202	suspension; revising duties of the department upon a
203	determination by the hearing officer; revising provisions
204	for issuance of a license for business or employment
205	purposes only; providing for appeal by a law enforcement
206	agency of a department decision invalidating a suspension;
207	providing that the court review may not be used in a trial
208	for driving under the influence; amending s. 322.27, F.S.;
209	providing for an increase in driver license points
210	assessed for certain speed limit violations and for
211	traffic control signal device violations resulting in a
212	crash; defining "conviction" for specified purposes;
213	amending s. 320.08056, F.S.; exempting collegiate license
214	plates from the requirement for maintaining a specified
215	number of license plate registrations; amending s.
216	316.172, F.S.; providing for school bus stop zones;
217	prohibiting exceeding the posted speed limit within such
218	zones; providing penalties; amending s. 318.18, F.S.;
219	providing a penalty for exceeding the posted speed limit
220	in a school bus stop zone by a certain speed; providing a
221	short title; amending s. 316.006, F.S.; authorizing the
222	board of directors of a homeowner's association to provide
223	for local law enforcement agencies to enforce state
224	traffic laws on private roads that are controlled by the
225	association; amending s. 318.1215, F.S.; increasing the
226	amount of a local option surcharge on traffic penalties;
227	amending s. 318.15, F.S.; providing for the collection of
228	certain service charges by authorized driver licensing
229	agents; amending s. 320.08056, F.S.; exempting collegiate
230	license plates from the requirement for maintaining a
231	specified number of license plate registrations; amending
232	s. 627.733, F.S.; revising security requirements for
233	certain vehicles; amending s. 324.032, F.S.; revising
234	financial responsibility requirements for certain for-hire
235	vehicles; directing the department to study the
236	outsourcing of its driver license services to a provider
237	or other governmental agency, in whole or in part, while
238	retaining responsibility and accountability for the
239	services; requiring that the department submit a report to
240	the Governor and Legislature by a specified date;
241	providing requirements for the department with respect to
242	issues to be included in the study; requiring a cost-
243	benefit analysis and a transition and implementation plan;
244	amending s. 206.606, F.S.; authorizing the use of certain
245	funds for local boating related projects and activities;
246	amending s. 327.59, F.S.; authorizing marina owners,
247	operators, employees, and agents to take actions to secure
248	vessels during severe weather and to charge fees and be
249	held harmless for such service; holding marina operators,
250	employees, and agents liable for damage caused by
251	intentional acts or negligence while removing or securing
252	vessels; authorizing contract provisions and providing
253	contract notice requirements relating to removing or
254	securing vessels; amending s. 327.60, F.S.; providing for
255	local regulation of anchoring within mooring fields;
256	amending s. 328.64, F.S.; requiring the Department of
257	Highway Safety and Motor Vehicles to provide forms for
258	certain notification related to vessels; requiring the
259	department to provide by rule for the surrender and
260	replacement of certificates of registration to reflect
261	change of address; amending s. 328.72, F.S.; requiring
262	counties to use funds for specific boating related
263	purposes; requiring counties to provide reports
264	demonstrating specified expenditure of such funds;
265	providing penalties for failure to comply; amending s.
266	376.11, F.S.; authorizing the distribution of revenues
267	from the Florida Coastal Protection Trust Fund to all
268	local governments for the removal of certain vessels;
269	amending s. 376.15, F.S.; revising provisions relating to
270	the removal of abandoned and derelict vessels; specifying
271	officers authorized to remove such vessels; providing that
272	certain costs are recoverable; requiring the Department of
273	Legal Affairs to represent the Fish and Wildlife
274	Conservation Commission in certain actions; expanding
275	eligibility for disbursement of grant funds for the
276	removal of certain vessels; amending s. 403.813, F.S.;
277	providing exemptions from permitting, registration, and
278	regulation of floating vessel platforms or floating boat
279	lifts by a local government; authorizing local governments
280	to require certain permits or registration for floating
281	vessel platforms or floating boat lifts under certain
282	circumstances; amending s. 705.101, F.S.; revising the
283	definition of "abandoned property" to include certain
284	vessels; amending s. 705.103, F.S.; revising the
285	terminology relating to abandoned or lost property to
286	conform; amending s. 823.11, F.S.; revising provisions
287	relating to abandoned and derelict vessels and the removal
288	of such vessels; providing a definition of "derelict
289	vessel"; specifying which officers may remove such
290	vessels; directing the Fish and Wildlife Conservation
291	Commission to implement a plan for the procurement of
292	federal disaster funds for the removal of derelict
293	vessels; requiring the Department of Legal Affairs to
294	represent the commission in certain actions; deleting a
295	provision authorizing the commission to delegate certain
296	authority to local governments under certain
297	circumstances; authorizing private property owners to
298	remove certain vessels with required notice; providing
299	that cost of such removal is recoverable; prohibiting
300	private property owners from hindering the removal of
301	certain vessels by vessel owners or agents; providing for
302	jurisdictional imposition of civil penalties for
303	violations relating to certain vessels; providing that
304	riparian rights shall include the right to moor a vessel
305	under certain conditions; providing effective dates.
306
307	Be It Enacted by the Legislature of the State of Florida:
308
309	Section 1.  Section 207.008, Florida Statutes, is amended
310	to read:
311	207.008  Retention of records by motor carrier.--Each
312	registered motor carrier shall maintain and keep pertinent
313	records and papers as may be required by the department for the
314	reasonable administration of this chapter and shall preserve the
315	records upon which each quarterly tax return is based for 4
316	years after the due date or filing date of the return, whichever
317	is later such records as long as required by s. 213.35.
318	Section 2.  Section 207.021, Florida Statutes, is amended
319	to read:
320	207.021  Informal conferences; settlement or compromise of
321	taxes, penalties, or interest.--The department may settle or
322	compromise, pursuant to s. 213.21, penalties or interest imposed
323	under this chapter.
324	(1)(a)  The department may adopt rules pursuant to ss.
325	120.536(1) and 120.54 for establishing informal conferences to
326	resolve disputes arising from the assessment of taxes,
327	penalties, or interest or the denial of refunds.
328	(b)  During any proceeding arising under this section, the
329	motor carrier has the right to be represented at and record all
330	proceedings at the motor carrier's expense.
331	(2)(a)  The executive director of the department or his or
332	her designee is authorized to enter into closing agreements with
333	any taxpayer settling or compromising the taxpayer's liability
334	for any tax, interest, or penalty assessed under this chapter.
335	The agreement shall be in writing and must be in the form of a
336	closing agreement approved by the department and signed by the
337	executive director or his or her designee. The agreement shall
338	be final and conclusive except upon a showing of material fraud
339	or misrepresentation of material fact. No additional assessment
340	may be made by the department against the taxpayer for the tax,
341	interest, or penalty specified in the closing agreement for the
342	time specified in the closing agreement, and the taxpayer shall
343	not be entitled to institute any judicial or administrative
344	proceeding to recover any tax, interest, or penalty paid
345	pursuant to the closing agreement. The executive director or his
346	or her designee is authorized to approve any such closing
347	agreement.
348	(b)  Notwithstanding the provisions of paragraph (a), for
349	the purpose of settling and compromising the liability of any
350	taxpayer for tax or interest on the grounds of doubt as to
351	liability based on the taxpayer's reasonable reliance on a
352	written determination issued by the department, the department
353	may compromise the amount of such tax or interest resulting from
354	such reasonable reliance.
355	(3)  A taxpayer's liability for any tax or interest
356	specified in this chapter may be compromised by the department
357	upon the grounds of doubt as to liability for or the ability to
358	collect such tax or interest. Doubt as to the liability of a
359	taxpayer for tax and interest exists if the taxpayer
360	demonstrates that he or she reasonably relied on a written
361	determination of the department.
362	(4)  A taxpayer's liability for any tax or interest under
363	this chapter shall be settled or compromised in whole or in part
364	whenever or to the extent allowable under the International Fuel
365	Tax Agreement Articles of Agreement.
366	(5)  A taxpayer's liability for penalties under this
367	chapter may be settled or compromised if it is determined by the
368	department that the noncompliance is due to reasonable cause and
369	not to willful negligence, willful neglect, or fraud.
370	(6)  The department is authorized to enter into agreements
371	for scheduling payments of taxes, penalties, and interest due to
372	the department as a result of audit assessments issued under
373	this chapter.
374	Section 3.  Effective July 1, 2008, section 261.10, Florida
375	Statutes, is amended to read:
376	261.10  Criteria for recreation areas and trails;
377	limitation on liability.--
378	(1)  Publicly owned or operated off-highway vehicle
379	recreation areas and trails shall be designated and maintained
380	for recreational travel by off-highway vehicles. These areas and
381	trails need not be generally suitable or maintained for normal
382	travel by conventional two-wheel-drive vehicles and should not
383	be designated as recreational footpaths. State off-highway
384	vehicle recreation areas and trails must be selected and managed
385	in accordance with this chapter.
386	(2)  State agencies, water management districts, counties,
387	and municipalities, and officers and employees thereof, that
388	provide off-highway recreation areas and trails on publicly
389	owned land shall not be liable for damage to personal property
390	or personal injury or death to any person resulting from
391	participation in the inherently dangerous risks of off-highway
392	vehicle recreation. This subsection does not limit liability
393	that would otherwise exist for an act of gross negligence by the
394	state agency, water management district, county, or
395	municipality, or officer or employee thereof, that is the
396	proximate cause of the damage, injury, or death. Nothing in this
397	subsection creates a duty of care or basis of liability for
398	death, personal injury, or damage to personal property, nor
399	shall anything in this subsection be deemed to be a waiver of
400	sovereign immunity under any circumstances.
401	Section 4.  Effective July 1, 2008, section 261.20, Florida
402	Statutes, is created to read:
403	261.20  Operation of off-highway vehicles on public lands;
404	restrictions; safety courses; required equipment; prohibited
405	acts; penalties.--
406	(1)  This section applies only to the operation of off-
407	highway vehicles on public lands.
408	(2)  Any person operating an off-highway vehicle as
409	permitted in this section who has not attained 16 years of age
410	must be supervised by an adult while operating the off-highway
411	vehicle.
412	(3)  Effective July 1, 2008, while operating an off-highway
413	vehicle, a person who has not attained 16 years of age must have
414	in his or her possession a certificate evidencing the
415	satisfactory completion of an approved off-highway vehicle
416	safety education course in this state or another jurisdiction. A
417	nonresident who has not attained 16 years of age and who is in
418	this state temporarily for a period not to exceed 30 days is
419	exempt from this subsection. Nothing contained in this chapter
420	shall prohibit an agency from requiring additional safety
421	education courses for all operators.
422	(4)(a)  The department shall approve all off-highway
423	vehicle public safety education courses required by this chapter
424	as a condition for operating on public lands.
425	(b)  An off-highway vehicle must be equipped with a spark
426	arrester that is approved by the United States Department of
427	Agriculture Forest Service, a braking system, and a muffler, all
428	in operating condition.
429	(c)  On and after July 1, 2008, off-highway vehicles
430	operating pursuant to this chapter shall be equipped with a
431	silencer or other device that limits sound emissions. Exhaust
432	noise must not exceed 96 decibels in the A-weighting scale for
433	vehicles manufactured after January 1, 1986, or 99 decibels in
434	the A-weighting scale for vehicles manufactured before January
435	1, 1986, when measured from a distance of 20 inches using test
436	procedures established by the Society of Automotive Engineers
437	under Standard J-1287. Prior to the sale to the general public
438	in this state of any new off-highway vehicle model manufactured
439	after January 1, 2008, off-highway vehicle manufacturers or
440	their agents shall provide to the department revolutions-per-
441	minute data needed to conduct the J-1287 test, where applicable.
442	(d)  An off-highway vehicle that is operated between sunset
443	and sunrise or when visibility is reduced because of rain,
444	smoke, or smog must display a lighted headlamp and taillamp
445	unless the use of such lights is prohibited by other laws, such
446	as a prohibition on the use of lights when hunting at night.
447	(e)  An off-highway vehicle that is used in certain
448	organized and sanctioned competitive events being held on a
449	closed course may be exempted by department rule from any
450	equipment requirement in this subsection.
451	(5)  It is a violation of this section:
452	(a)  To carry a passenger on an off-highway vehicle unless
453	the machine is specifically designed by the manufacturer to
454	carry an operator and a single passenger.
455	(b)  To operate an off-highway vehicle while under the
456	influence of alcohol, a controlled substance, or any
457	prescription or over-the-counter drug that impairs vision or
458	motor function.
459	(c)  For a person who has not attained 16 years of age to
460	operate an off-highway vehicle without wearing eye protection,
461	over-the-ankle boots, and a safety helmet that is approved by
462	the United States Department of Transportation or Snell Memorial
463	Foundation.
464	(d)  To operate an off-highway vehicle in a careless or
465	reckless manner that endangers or causes injury or damage to
466	another person or property.
467	(6)  Any person who violates this section commits a
468	noncriminal infraction, is subject to a fine of not less than
469	$100, and may have his or her privilege to operate an ATV on
470	public lands revoked. However, a person who commits such acts
471	with intent to defraud or who commits a second or subsequent
472	violation is subject to a fine of not less than $500 and may
473	have his or her privilege to operate an ATV on public lands
474	revoked.
475	(7)  Public land managing agencies, through the course of
476	their management activities, are exempt from the provisions of
477	paragraph (5)(a).
478	Section 5.  Subsection (43) of section 316.003, Florida
479	Statutes, is amended to read:
480	316.003  Definitions.--The following words and phrases,
481	when used in this chapter, shall have the meanings respectively
482	ascribed to them in this section, except where the context
483	otherwise requires:
484	(43)  SADDLE MOUNT; FULL MOUNT.--An arrangement whereby the
485	front wheels of one vehicle rest in a secured position upon
486	another vehicle. All of the wheels of the towing vehicle are
487	upon the ground and only the rear wheels of the towed vehicle
488	rest upon the ground. Such combinations may include one full
489	mount, whereby a smaller transport vehicle is placed completely
490	on the last towed vehicle.
491	Section 6.  Subsections (1) through (7) of section
492	316.0085, Florida Statutes, are amended to read:
493	316.0085  Skateboarding; inline skating; freestyle or
494	mountain and off-road bicycling; paintball; definitions;
495	liability.--
496	(1)  The purpose of this section is to encourage
497	governmental owners or lessees of property to make land
498	available to the public for skateboarding, inline skating,
499	paintball, and freestyle or mountain and off-road bicycling. It
500	is recognized that governmental owners or lessees of property
501	have failed to make property available for such activities
502	because of the exposure to liability from lawsuits and the
503	prohibitive cost of insurance, if insurance can be obtained for
504	such activities. It is also recognized that risks and dangers
505	are inherent in these activities, which risks and dangers should
506	be assumed by those participating in such activities.
507	(2)  As used in this section, the term:
508	(a)  "Governmental entity" means:
509	1.  The United States, the State of Florida, any county or
510	municipality, or any department, agency, or other
511	instrumentality thereof.
512	2.  Any school board, special district, authority, or other
513	entity exercising governmental authority.
514	(b)  "Inherent risk" means those dangers or conditions that
515	are characteristic of, intrinsic to, or an integral part of
516	skateboarding, inline skating, paintball, and freestyle or
517	mountain and off-road bicycling.
518	(3)  This section does not grant authority or permission
519	for a person to engage in skateboarding, inline skating,
520	paintball, or freestyle or mountain and off-road bicycling on
521	property owned or controlled by a governmental entity unless
522	such governmental entity has specifically designated such area
523	for skateboarding, inline skating, paintball, or freestyle or
524	mountain and off-road bicycling. Each governmental entity shall
525	post a rule in each specifically designated area that identifies
526	all authorized activities and indicates that a child under 17
527	years of age may not engage in any of those activities until the
528	governmental entity has obtained written consent, in a form
529	acceptable to the governmental entity, from the child's parents
530	or legal guardians.
531	(4)  A governmental entity or public employee is not liable
532	to any person who voluntarily participates in skateboarding,
533	inline skating, paintball, or freestyle or mountain and off-road
534	bicycling for any damage or injury to property or persons that
535	which arises out of a person's participation in such activity,
536	and that which takes place in an area designated for such
537	activity.
538	(5)  This section does not limit liability that would
539	otherwise exist for any of the following:
540	(a)  The failure of the governmental entity or public
541	employee to guard against or warn of a dangerous condition of
542	which a participant does not and cannot reasonably be expected
543	to have notice.
544	(b)  An act of gross negligence by the governmental entity
545	or public employee that is the proximate cause of the injury.
546	(c)  The failure of a governmental entity that provides a
547	designated area for skateboarding, inline skating, paintball, or
548	freestyle or mountain and off-road bicycling to obtain the
549	written consent, in a form acceptable to the governmental
550	entity, from the parents or legal guardians of any child under
551	17 years of age before authorizing such child to participate in
552	skateboarding, inline skating, paintball, or freestyle or
553	mountain and off-road bicycling in such designated area, unless
554	that child's participation is in violation of posted rules
555	governing the authorized use of the designated area, except that
556	a parent or legal guardian must demonstrate that written consent
557	to engage in mountain or off-road bicycling in a designated area
558	was provided to the governmental entity prior to entering the
559	designated area.
560
561	Nothing in this subsection creates a duty of care or basis of
562	liability for death, personal injury, or damage to personal
563	property. Nothing in this section shall be deemed to be a waiver
564	of sovereign immunity under any circumstances.
565	(6)  Nothing in this section shall limit the liability of
566	an independent concessionaire, or any person or organization
567	other than a governmental entity or public employee, whether or
568	not the person or organization has a contractual relationship
569	with a governmental entity to use the public property, for
570	injuries or damages suffered in any case as a result of the
571	operation of skateboards, inline skates, paintball equipment, or
572	freestyle or mountain and off-road bicycles on public property
573	by the concessionaire, person, or organization.
574	(7)(a)  Any person who participates in or assists in
575	skateboarding, inline skating, paintball, or freestyle or
576	mountain and off-road bicycling assumes the known and unknown
577	inherent risks in these activities irrespective of age, and is
578	legally responsible for all damages, injury, or death to himself
579	or herself or other persons or property that results which
580	result from these activities. Any person who observes
581	skateboarding, inline skating, paintball, or freestyle or
582	mountain and off-road bicycling assumes the known and unknown
583	inherent risks in these activities irrespective of age, and is
584	legally responsible for all damages, injury, or death to himself
585	or herself that results which result from these activities. A
586	governmental entity that sponsors, allows, or permits
587	skateboarding, inline skating, paintball, or freestyle or
588	mountain and off-road bicycling on its property is not required
589	to eliminate, alter, or control the inherent risks in these
590	activities.
591	(b)  While engaged in skateboarding, inline skating,
592	paintball, or freestyle or mountain and off-road bicycling,
593	irrespective of where such activities occur, a participant is
594	responsible for doing all of the following:
595	1.  Acting within the limits of his or her ability and the
596	purpose and design of the equipment used.
597	2.  Maintaining control of his or her person and the
598	equipment used.
599	3.  Refraining from acting in any manner that which may
600	cause or contribute to death or injury of himself or herself, or
601	other persons.
602
603	Failure to comply with the requirements of this paragraph shall
604	constitute negligence.
605	Section 7.  Paragraphs (b) and (c) of subsection (2) of
606	section 316.1001, Florida Statutes, are amended to read:
607	316.1001  Payment of toll on toll facilities required;
608	penalties.--
609	(2)
610	(b)  A citation issued under this subsection may be issued
611	by mailing the citation by first class mail, or by certified
612	mail, return receipt requested, to the address of the registered
613	owner of the motor vehicle involved in the violation or, if a
614	leased motor vehicle is involved in the violation and is
615	registered in the name of the lessee, to the address of the
616	registered lessee of such motor vehicle. Mailing the citation to
617	this address constitutes notification. In the case of joint
618	ownership of a motor vehicle, the traffic citation must be
619	mailed to the first name appearing on the registration, unless
620	the first name appearing on the registration is a business
621	organization, in which case the second name appearing on the
622	registration may be used. In the case of a motor vehicle jointly
623	leased and registered in the names of the joint lessees, the
624	traffic citation must be mailed to the first name appearing on
625	the registration, unless the first name appearing on the
626	registration is a business organization, in which case the
627	second name appearing on the registration may be used. A
628	citation issued under this paragraph must be mailed to the
629	registered owner of the motor vehicle involved in the violation
630	or, if a leased motor vehicle is involved in the violation and
631	is registered in the name of the lessee, to the registered
632	lessee of such motor vehicle within 14 days after the date of
633	issuance of the violation. In addition to the citation,
634	notification must be sent to the registered owner of the motor
635	vehicle involved in the violation specifying remedies available
636	under ss. 318.14(12) and 318.18(7) must be sent to the
637	registered owner of the motor vehicle involved in the violation
638	or, if a leased motor vehicle is involved in the violation and
639	is registered in the name of the lessee, to the registered
640	lessee of such motor vehicle.
641	(c)  The owner of the motor vehicle involved in the
642	violation is responsible and liable for payment of a citation
643	issued for failure to pay a toll, unless the owner can establish
644	the motor vehicle was, at the time of the violation, in the
645	care, custody, or control of another person. In order to
646	establish such facts, the owner of the motor vehicle is
647	required, within 14 days after the date of issuance of the
648	citation, to furnish to the appropriate governmental entity an
649	affidavit setting forth:
650	1.  The name, address, date of birth, and, if known, the
651	driver license number of the person who leased, rented, or
652	otherwise had the care, custody, or control of the motor vehicle
653	at the time of the alleged violation; or
654	2.  If stolen, the police report indicating that the
655	vehicle was stolen at the time of the alleged violation.
656
657	Upon receipt of an affidavit the person designated as having
658	care, custody, and control of the motor vehicle at the time of
659	the violation may be issued a citation for failure to pay a
660	required toll. The affidavit shall be admissible in a proceeding
661	pursuant to this section for the purpose of providing that the
662	person identified in the affidavit was in actual care, custody,
663	or control of the motor vehicle. The owner of a leased vehicle
664	for which a citation is issued for failure to pay a toll is not
665	responsible for payment of the citation and is not required to
666	submit an affidavit as specified in this subsection if the motor
667	vehicle involved in the violation is registered in the name of
668	the lessee of such motor vehicle.
669	Section 8.  Paragraph (b) of subsection (1) of section
670	316.1955, Florida Statutes, is amended to read:
671	316.1955  Enforcement of parking requirements for persons
672	who have disabilities.--
673	(1)  It is unlawful for any person to stop, stand, or park
674	a vehicle within, or to obstruct, any such specially designated
675	and marked parking space provided in accordance with s.
676	553.5041, unless the vehicle displays a disabled parking permit
677	issued under s. 316.1958 or s. 320.0848 or a license plate
678	issued under s. 320.084, s. 320.0842, s. 320.0843, or s.
679	320.0845, and the vehicle is transporting the person to whom the
680	displayed permit is issued. The violation may not be dismissed
681	for failure of the marking on the parking space to comply with
682	s. 553.5041 if the space is in general compliance and is clearly
683	distinguishable as a designated accessible parking space for
684	people who have disabilities. Only a warning may be issued for
685	unlawfully parking in a space designated for persons with
686	disabilities if there is no above-grade sign as provided in s.
687	553.5041.
688	(b)  The officer or specialist shall charge the operator or
689	other person in charge of the vehicle in violation with a
690	noncriminal traffic infraction, punishable as provided in s.
691	316.008(4) or s. 318.18(6). The owner of a leased vehicle shall
692	not be responsible for a violation of this section if the
693	vehicle is registered in the name of the lessee.
694	Section 9.  Section 316.2015, Florida Statutes, is amended
695	to read:
696	316.2015  Unlawful for person to ride on exterior of
697	vehicle.--
698	(1)  It is unlawful for any operator of a passenger vehicle
699	to permit any person to ride on the bumper, radiator, fender,
700	hood, top, trunk, or running board of such vehicle when operated
701	upon any street or highway that which is maintained by the
702	state, a county, or a municipality. However, the operator of any
703	vehicle shall not be in violation of this section when such
704	operator permits any person to occupy seats securely affixed to
705	the exterior of such vehicle. Any person who violates the
706	provisions of this subsection shall be cited for a moving
707	violation, punishable as provided in chapter 318.
708	(2)  No person shall ride on any vehicle upon any portion
709	thereof not designed or intended for the use of passengers. This
710	subsection does not apply to an employee of a fire department,
711	an employee of a governmentally operated solid waste disposal
712	department or a waste disposal service operating pursuant to a
713	contract with a governmental entity, or to a volunteer
714	firefighter when the employee or firefighter is engaged in the
715	necessary discharge of a duty and does not apply to a person who
716	is being transported in response to an emergency by a public
717	agency or pursuant to the direction or authority of a public
718	agency. This provision shall not apply to an employee engaged in
719	the necessary discharge of a duty or to a person or persons
720	riding within truck bodies in space intended for merchandise.
721	Any person who violates the provisions of this subsection shall
722	be cited for a nonmoving violation, punishable as provided in
723	chapter 318.
724	(3)  This section shall not apply to a performer engaged in
725	a professional exhibition or person participating in an
726	exhibition or parade, or any such person preparing to
727	participate in such exhibitions or parades.
728	Section 10.  Subsection (1) of section 316.2095, Florida
729	Statutes, is amended to read:
730	316.2095  Footrests, handholds, and handlebars.--
731	(1)  Any motorcycle carrying a passenger, other than in a
732	sidecar or enclosed cab, shall be equipped with footrests and
733	handholds for such passenger.
734	Section 11.  Effective January 1, 2007, subsection (6) of
735	section 316.211, Florida Statutes, is renumbered as subsection
736	(7), and a new subsection (6) is added to that section, to read:
737	316.211  Equipment for motorcycle and moped riders.--
738	(6)  Motorcycles registered to persons who have not
739	attained 21 years of age shall display a license plate that is
740	unique in design and color.
741	(7)(6)  A violation of this section is a noncriminal
742	traffic infraction, punishable as a nonmoving violation as
743	provided in chapter 318.
744	Section 12.  Section 316.2123, Florida Statutes, is created
745	to read:
746	316.2123  Operation of an ATV on certain roadways.--The
747	operation of an ATV as defined in s. 317.0003 upon the public
748	roads or streets of this state is prohibited, except that an ATV
749	may be operated during the daytime on an unpaved roadway where
750	the posted speed limit is less than 35 miles per hour by a
751	licensed driver or by a minor under the supervision of a
752	licensed driver. When operating on an unpaved roadway, the ATV
753	must be equipped with working headlamps and taillamps. The
754	operator must provide proof of ownership pursuant to chapter 317
755	upon request by a law enforcement officer. A county or
756	municipality may adopt an ordinance that prohibits the operation
757	of an ATV on unpaved public roads or streets notwithstanding the
758	authorization of this section. Notice of such an ordinance shall
759	be given to the public by appropriate signage on the roads or
760	streets affected by the local ordinance.
761	Section 13.  Subsection (3) is added to section 316.2125,
762	Florida Statutes, to read:
763	316.2125  Operation of golf carts within a retirement
764	community.--
765	(3)  A local governmental entity may enact an ordinance
766	regarding golf cart operation and equipment that is more
767	restrictive than those enumerated in this section. Upon
768	enactment of any such ordinance, the local governmental entity
769	shall post appropriate signs or otherwise inform the residents
770	that such an ordinance exists and that it shall be enforced
771	within the local government's jurisdictional territory. An
772	ordinance referred to in this section must apply only to an
773	unlicensed driver.
774	Section 14.  Section 316.2128, Florida Statutes, is created
775	to read:
776	316.2128  Motorized scooters and miniature motorcycles;
777	disclosure requirements for sale.--A person who engages in the
778	business or serves in the capacity of, or acts as, a commercial
779	seller of motorized scooters as defined in s. 316.003(82) or
780	miniature motorcycles in this state must comply with this
781	section. Each such person shall prominently display at his or
782	her place of business a notice that such vehicles are not legal
783	to operate on public roads or sidewalks and may not be
784	registered as motor vehicles. The required notice must also
785	appear in all forms of advertising offering motorized scooters
786	or miniature motorcycles for sale. The notice and a copy of this
787	section must also be provided to a consumer prior to the
788	consumer's purchasing or becoming obligated to purchase a
789	motorized scooter or a miniature motorcycle. For purposes of
790	this section, "miniature motorcycle" means any vehicle that has
791	a seat or saddle for the use of the rider, is designed to travel
792	on not more than three wheels in contact with the ground, and,
793	because of its small size, design, or lack of required safety
794	equipment or other noncompliance with federal regulations, is
795	not eligible for a manufacturer's certificate of origin or for
796	registration as a motorcycle pursuant to chapter 320. Any person
797	selling or offering a motorized scooter or a miniature
798	motorcycle for sale in violation of this section commits an
799	unfair and deceptive trade practice as defined in part II of
800	chapter 501. This section does not apply to motorcycles as
801	defined in chapter 316 or to off-highway vehicles as defined in
802	chapter 317.
803	Section 15.  Subsection (2) of section 316.221, Florida
804	Statutes, is amended to read:
805	316.221  Taillamps.--
806	(2)  Either a taillamp or a separate lamp shall be so
807	constructed and placed as to illuminate with a white light the
808	rear registration plate and render it clearly legible from a
809	distance of 50 feet to the rear. Any taillamp or taillamps,
810	together with any separate lamp or lamps for illuminating the
811	rear registration plate, shall be so wired as to be lighted
812	whenever the headlamps or auxiliary driving lamps are lighted.
813	Dump trucks and vehicles with dump bodies are exempt from the
814	requirements of this subsection.
815	Section 16.  Paragraph (b) of subsection (1), paragraphs
816	(b), (c), (d), (f), and (i) of subsection (2), and subsection
817	(3) of section 316.302, Florida Statutes, are amended to read:
818	316.302  Commercial motor vehicles; safety regulations;
819	transporters and shippers of hazardous materials; enforcement.--
820	(1)
821	(b)  Except as otherwise provided in this section, all
822	owners or drivers of commercial motor vehicles that are engaged
823	in intrastate commerce are subject to the rules and regulations
824	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
825	exception of 49 C.F.R. s. 390.5 as it relates to the definition
826	of bus, as such rules and regulations existed on October 1, 2005
827	2004.
828	(2)
829	(b)  Except as provided in 49 C.F.R. s. 395.1, a person who
830	operates a commercial motor vehicle solely in intrastate
831	commerce not transporting any hazardous material in amounts that
832	require placarding pursuant to 49 C.F.R. part 172 may not drive:
833	1.  More than 12 hours following 10 consecutive hours off
834	duty; or
835	2.  For any period after the end of the 16th hour after
836	coming on duty following 10 consecutive hours off duty is exempt
837	from 49 C.F.R. s. 395.3(a) and (b) and may, after 8 hours' rest,
838	and following the required initial motor vehicle inspection, be
839	permitted to drive any part of the first 15 on-duty hours in any
840	24-hour period, but may not be permitted to operate a commercial
841	motor vehicle after that until the requirement of another 8
842	hours' rest has been fulfilled.
843
844	The provisions of this paragraph do not apply to drivers of
845	utility service vehicles as defined in 49 C.F.R. s. 395.2 public
846	utility vehicles or authorized emergency vehicles during periods
847	of severe weather or other emergencies.
848	(c)  Except as provided in 49 C.F.R. s. 395.1, a person who
849	operates a commercial motor vehicle solely in intrastate
850	commerce not transporting any hazardous material in amounts that
851	require placarding pursuant to 49 C.F.R. part 172 may not drive
852	after having been on duty more than 70 hours in any period of 7
853	consecutive days or more than 80 hours in any period of 8
854	consecutive days if the motor carrier operates every day of the
855	week. Thirty-four be on duty more than 72 hours in any period of
856	7 consecutive days, but carriers operating every day in a week
857	may permit drivers to remain on duty for a total of not more
858	than 84 hours in any period of 8 consecutive days; however, 24
859	consecutive hours off duty shall constitute the end of any such
860	period of 7 or 8 consecutive days. This weekly limit does not
861	apply to a person who operates a commercial motor vehicle solely
862	within this state while transporting, during harvest periods,
863	any unprocessed agricultural products or unprocessed food or
864	fiber that is are subject to seasonal harvesting from place of
865	harvest to the first place of processing or storage or from
866	place of harvest directly to market or while transporting
867	livestock, livestock feed, or farm supplies directly related to
868	growing or harvesting agricultural products. Upon request of the
869	Department of Transportation, motor carriers shall furnish time
870	records or other written verification to that department so that
871	the Department of Transportation can determine compliance with
872	this subsection. These time records must be furnished to the
873	Department of Transportation within 2 10 days after receipt of
874	that department's request. Falsification of such information is
875	subject to a civil penalty not to exceed $100. The provisions of
876	this paragraph do not apply to drivers of public utility service
877	vehicles as defined in 49 C.F.R. s. 395.2 or authorized
878	emergency vehicles during periods of severe weather or other
879	emergencies.
880	(d)  A person who operates a commercial motor vehicle
881	solely in intrastate commerce not transporting any hazardous
882	material in amounts that require placarding pursuant to 49
883	C.F.R. part 172 within a 150 200 air-mile radius of the location
884	where the vehicle is based need not comply with 49 C.F.R. s.
885	395.8, provided the requirements of 49 C.F.R. s.
886	395.1(e)(1)(iii) and (v) are met. If a driver is not released
887	from duty within 12 hours after the driver arrives for duty, the
888	motor carrier must maintain documentation of the driver's
889	driving times throughout the duty period except that time
890	records shall be maintained as prescribed in 49 C.F.R. s.
891	395.1(e)(5).
892	(f)  A person who operates a commercial motor vehicle
893	having a declared gross vehicle weight of less than 26,001
894	26,000 pounds solely in intrastate commerce and who is not
895	transporting hazardous materials in amounts that require
896	placarding pursuant to 49 C.F.R. part 172, or who is
897	transporting petroleum products as defined in s. 376.301, is
898	exempt from subsection (1). However, such person must comply
899	with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.
900	396.3(a)(1) and 396.9.
901	(i)  A person who was a regularly employed driver of a
902	commercial motor vehicle on July 4, 1987, and whose driving
903	record shows no traffic convictions, pursuant to s. 322.61,
904	during the 2-year period immediately preceding the application
905	for the commercial driver's license, and who is otherwise
906	qualified as a driver under 49 C.F.R. part 391, and who operates
907	a commercial vehicle in intrastate commerce only, shall be
908	exempt from the requirements of 49 C.F.R. part 391, subpart E,
909	s. 391.41(b)(10). However, such operators are still subject to
910	the requirements of ss. 322.12 and 322.121. As proof of
911	eligibility, such driver shall have in his or her possession a
912	physical examination form dated within the past 24 months.
913	(3)  A person who has not attained under the age of 18
914	years of age may not operate a commercial motor vehicle, except
915	that a person who has not attained under the age of 18 years of
916	age may operate a commercial motor vehicle that which has a
917	gross vehicle weight of less than 26,001 26,000 pounds while
918	transporting agricultural products, including horticultural or
919	forestry products, from farm or harvest place to storage or
920	market.
921	Section 17.  Subsections (5) and (10) of section 316.515,
922	Florida Statutes, are amended to read:
923	316.515  Maximum width, height, length.--
924	(5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,
925	FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.--
926	(a)  Notwithstanding any other provisions of law, straight
927	trucks, agricultural tractors, and cotton module movers, not
928	exceeding 50 feet in length, or any combination of up to and
929	including three implements of husbandry including the towing
930	power unit, and any single agricultural trailer with a load
931	thereon or any agricultural implements attached to a towing
932	power unit not exceeding 130 inches in width, or a self-
933	propelled agricultural implement or an agricultural tractor not
934	exceeding 130 inches in width, is authorized for the purpose of
935	transporting peanuts, grains, soybeans, cotton, hay, straw, or
936	other perishable farm products from their point of production to
937	the first point of change of custody or of long-term storage,
938	and for the purpose of returning to such point of production, or
939	for the purpose of moving such tractors, movers, and implements
940	from one point of agricultural production to another, by a
941	person engaged in the production of any such product or custom
942	hauler, if such vehicle or combination of vehicles otherwise
943	complies with this section. The Department of Transportation may
944	issue overwidth permits for implements of husbandry greater than
945	130 inches, but not more than 170 inches, in width. Such
946	vehicles shall be operated in accordance with all safety
947	requirements prescribed by law and Department of Transportation
948	rules. The Department of Transportation may issue overlength
949	permits for cotton module movers greater than 50 feet but not
950	more than 55 feet in overall length. Such vehicles shall be
951	operated in accordance with all safety requirements prescribed
952	by law and Department of Transportation rules.
953	(b)  Notwithstanding any other provisions of law, equipment
954	not exceeding 136 inches in width and not capable of speeds
955	exceeding 20 miles per hour that is used exclusively for the
956	purpose of harvesting forestry products is authorized for the
957	purpose of transporting the equipment from one point of harvest
958	to another point of harvest, not to exceed 10 miles, by a person
959	engaged in the harvesting of forestry products. Such vehicles
960	shall be operated during daylight hours only in accordance with
961	all safety requirements prescribed by s. 316.2295(5) and (6).
962	(10)  AUTOMOBILE TOWAWAY AND DRIVEAWAY OPERATIONS.--An
963	automobile towaway or driveaway operation transporting new or
964	used trucks may use what is known to the trade as "saddle
965	mounts," if the overall length does not exceed 97 75 feet and no
966	more than three saddle mounts are towed. Such combinations may
967	include one full mount. Saddle mount combinations must also
968	comply with the applicable safety regulations in 49 C.F.R. s.
969	393.71.
970	Section 18.  Subsection (9) of section 318.14, Florida
971	Statutes, is amended to read:
972	318.14  Noncriminal traffic infractions; exception;
973	procedures.--
974	(9)  Any person who does not hold a commercial driver's
975	license and who is cited for an infraction under this section
976	other than a violation of s. 316.183(2), s. 316.187, or s.
977	316.189, when the driver exceeds the posted limit by 30 miles
978	per hour or more, or s. 320.0605, s. 320.07(3)(a) or (b), s.
979	322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a
980	court appearance, elect to attend in the location of his or her
981	choice within this state a basic driver improvement course
982	approved by the Department of Highway Safety and Motor Vehicles.
983	In such a case, adjudication must be withheld; points, as
984	provided by s. 322.27, may not be assessed; and the civil
985	penalty that is imposed by s. 318.18(3) must be reduced by 18
986	percent; however, a person may not make an election under this
987	subsection if the person has made an election under this
988	subsection in the preceding 12 months. A person may make no more
989	than five elections under this subsection. The requirement for
990	community service under s. 318.18(8) is not waived by a plea of
991	nolo contendere or by the withholding of adjudication of guilt
992	by a court.
993	Section 19.  Paragraph (f) is added to subsection (1) of
994	section 318.143, Florida Statutes, to read:
995	318.143  Sanctions for infractions by minors.--
996	(1)  If the court finds that a minor has committed a
997	violation of any of the provisions of chapter 316, the court may
998	also impose one or more of the following sanctions:
999	(f)  The court may require the minor and his or her parents
1000	or guardian to participate in a registered youthful driver
1001	monitoring service as described in s. 318.1435.
1002	Section 20.  Section 318.1435, Florida Statutes, is created
1003	to read:
1004	318.1435  Youthful driver monitoring services.--
1005	(1)  As used in this section, the term "youthful driver
1006	monitoring service" means an entity that enables parents or
1007	guardians to monitor the driving performance of their minor
1008	children. The service may provide monitoring by posting on a
1009	vehicle a placard that shows a toll-free telephone number and a
1010	unique identifying number and includes a request to members of
1011	the public to call the toll-free telephone number to report
1012	inappropriate driving practices. The service shall enter into a
1013	contract with the parents or guardians under which the service
1014	shall timely forward to the parents or guardians all reports of
1015	inappropriate driving practices by the minor child.
1016	(2)  A youthful driver monitoring service may register with
1017	the Department of Highway Safety and Motor Vehicles. The
1018	registration must consist of a narrative description of the
1019	services offered by the youthful driver monitoring service, the
1020	name of the manager in charge of the service, the address of the
1021	service, and the telephone number of the service. Registration
1022	under this subsection remains valid indefinitely, but it is the
1023	responsibility of the youthful driver monitoring service to
1024	timely file a revised registration statement to reflect any
1025	changes in the required information. If the department
1026	determines that the youthful driver monitoring service is not
1027	providing the services described in the narrative statement, the
1028	department may suspend the registration; however, the department
1029	must reinstate the registration when the service files a revised
1030	statement that reflects its actual provided services.
1031	Section 21.  Section 318.18, Florida Statutes, is amended
1032	to read:
1033	318.18  Amount of civil penalties.--The penalties required
1034	for a noncriminal disposition pursuant to s. 318.14 or a
1035	criminal offense listed in s. 318.17 are as follows:
1036	(1)  Fifteen dollars for:
1037	(a)  All infractions of pedestrian regulations.
1038	(b)  All infractions of s. 316.2065, unless otherwise
1039	specified.
1040	(c)  Other violations of chapter 316 by persons 14 years of
1041	age or under who are operating bicycles, regardless of the
1042	noncriminal traffic infraction's classification.
1043	(2)  Thirty dollars for all nonmoving traffic violations
1044	and:
1045	(a)  For all violations of s. 322.19.
1046	(b)  For all violations of ss. 320.0605, 320.07(1),
1047	322.065, and 322.15(1). Any person who is cited for a violation
1048	of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
1049	320.07(4).
1050	1.  If a person who is cited for a violation of s. 320.0605
1051	or s. 320.07 can show proof of having a valid registration at
1052	the time of arrest, the clerk of the court may dismiss the case
1053	and may assess a dismissal fee of up to $7.50. A person who
1054	finds it impossible or impractical to obtain a valid
1055	registration certificate must submit an affidavit detailing the
1056	reasons for the impossibility or impracticality. The reasons may
1057	include, but are not limited to, the fact that the vehicle was
1058	sold, stolen, or destroyed; that the state in which the vehicle
1059	is registered does not issue a certificate of registration; or
1060	that the vehicle is owned by another person.
1061	2.  If a person who is cited for a violation of s. 322.03,
1062	s. 322.065, or s. 322.15 can show a driver's license issued to
1063	him or her and valid at the time of arrest, the clerk of the
1064	court may dismiss the case and may assess a dismissal fee of up
1065	to $7.50.
1066	3.  If a person who is cited for a violation of s. 316.646
1067	can show proof of security as required by s. 627.733, issued to
1068	the person and valid at the time of arrest, the clerk of the
1069	court may dismiss the case and may assess a dismissal fee of up
1070	to $7.50. A person who finds it impossible or impractical to
1071	obtain proof of security must submit an affidavit detailing the
1072	reasons for the impracticality. The reasons may include, but are
1073	not limited to, the fact that the vehicle has since been sold,
1074	stolen, or destroyed; that the owner or registrant of the
1075	vehicle is not required by s. 627.733 to maintain personal
1076	injury protection insurance; or that the vehicle is owned by
1077	another person.
1078	(c)  For all violations of ss. 316.2935 and 316.610.
1079	However, for a violation of s. 316.2935 or s. 316.610, if the
1080	person committing the violation corrects the defect and obtains
1081	proof of such timely repair by an affidavit of compliance
1082	executed by the law enforcement agency within 30 days from the
1083	date upon which the traffic citation was issued, and pays $4 to
1084	the law enforcement agency, thereby completing the affidavit of
1085	compliance, then upon presentation of said affidavit by the
1086	defendant to the clerk within the 30-day time period set forth
1087	under s. 318.14(4), the fine must be reduced to $7.50, which the
1088	clerk of the court shall retain.
1089	(d)  For all violations of s. 316.126(1)(b), unless
1090	otherwise specified.
1091	(3)(a)  Except as otherwise provided in this section, $60
1092	for all moving violations not requiring a mandatory appearance.
1093	(b)  For moving violations involving unlawful speed, the
1094	fines are as follows:
1095
1096	For speed exceeding the limit by:     Fine:
1097	1-5 m.p.h.     Warning
1098	6-9 m.p.h.     $ 25
1099	10-14 m.p.h.     $100
1100	15-19 m.p.h.     $125
1101	20-29 m.p.h.     $150
1102	30 m.p.h. and above.     $250
1103	(c)  Notwithstanding paragraph (b), a person cited for
1104	exceeding the speed limit by up to 5 m.p.h. in a legally posted
1105	school zone will be fined $50. A person exceeding the speed
1106	limit in a school zone shall pay a fine double the amount listed
1107	in paragraph (b).
1108	(d)  A person cited for exceeding the speed limit in a
1109	posted construction zone shall pay a fine double the amount
1110	listed in paragraph (b). The fine shall be doubled for
1111	construction zone violations only if construction personnel are
1112	present or operating equipment on the road or immediately
1113	adjacent to the road under construction.
1114	(e)  If a violation of s. 316.1301 or s. 316.1303 results
1115	in an injury to the pedestrian or damage to the property of the
1116	pedestrian, an additional fine of up to $250 shall be paid. This
1117	amount must be distributed pursuant to s. 318.21.
1118	(f)  A person cited for exceeding the speed limit within a
1119	zone posted for any electronic or manual toll collection
1120	facility shall pay a fine double the amount listed in paragraph
1121	(b). However, no person cited for exceeding the speed limit in
1122	any toll collection zone shall be subject to a doubled fine
1123	unless the governmental entity or authority controlling the toll
1124	collection zone first installs a traffic control device
1125	providing warning that speeding fines are doubled. Any such
1126	traffic control device must meet the requirements of the uniform
1127	system of traffic control devices.
1128	(g)  A person cited for a second or subsequent violation of
1129	exceeding the speed limit by 30 miles per hour and above within
1130	a 12-month period shall pay a fine double the amount listed in
1131	paragraph (b). For purposes of this paragraph, the term
1132	"conviction" means a finding of guilt, with or without
1133	adjudication of guilt, as a result of a jury verdict, nonjury
1134	trial, or entry of a plea of guilty or nolo contendere,
1135	notwithstanding s. 318.14(11).
1136	(4)  The penalty imposed under s. 316.545 shall be
1137	determined by the officer in accordance with the provisions of
1138	ss. 316.535 and 316.545.
1139	(5)(a)  One hundred dollars for a violation of s.
1140	316.172(1)(a), failure to stop for a school bus. If, at a
1141	hearing, the alleged offender is found to have committed this
1142	offense, the court shall impose a minimum civil penalty of $100.
1143	In addition to this penalty, for a second or subsequent offense
1144	within a period of 5 years, the department shall suspend the
1145	driver's license of the person for not less than 90 days and not
1146	more than 6 months.
1147	(b)  Two hundred dollars for a violation of s.
1148	316.172(1)(b), passing a school bus on the side that children
1149	enter and exit when the school bus displays a stop signal. If,
1150	at a hearing, the alleged offender is found to have committed
1151	this offense, the court shall impose a minimum civil penalty of
1152	$200. In addition to this penalty, for a second or subsequent
1153	offense within a period of 5 years, the department shall suspend
1154	the driver's license of the person for not less than 180 days
1155	and not more than 1 year.
1156	(6)  One hundred dollars or the fine amount designated by
1157	county ordinance, plus court costs for illegally parking, under
1158	s. 316.1955, in a parking space provided for people who have
1159	disabilities. However, this fine will be waived if a person
1160	provides to the law enforcement agency that issued the citation
1161	for such a violation proof that the person committing the
1162	violation has a valid parking permit or license plate issued
1163	pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845,
1164	or s. 320.0848 or a signed affidavit that the owner of the
1165	disabled parking permit or license plate was present at the time
1166	the violation occurred, and that such a parking permit or
1167	license plate was valid at the time the violation occurred. The
1168	law enforcement officer, upon determining that all required
1169	documentation has been submitted verifying that the required
1170	parking permit or license plate was valid at the time of the
1171	violation, must sign an affidavit of compliance. Upon provision
1172	of the affidavit of compliance and payment of a dismissal fee of
1173	up to $7.50 to the clerk of the circuit court, the clerk shall
1174	dismiss the citation.
1175	(7)  One hundred dollars for a violation of s. 316.1001.
1176	However, a person may elect to pay $30 to the clerk of the
1177	court, in which case adjudication is withheld, and no points are
1178	assessed under s. 322.27. Upon receipt of the fine, the clerk of
1179	the court must retain $5 for administrative purposes and must
1180	forward the $25 to the governmental entity that issued the
1181	citation. Any funds received by a governmental entity for this
1182	violation may be used for any lawful purpose related to the
1183	operation or maintenance of a toll facility.
1184	(8)(a)  Any person who fails to comply with the court's
1185	requirements or who fails to pay the civil penalties specified
1186	in this section within the 30-day period provided for in s.
1187	318.14 must pay an additional civil penalty of $12, $2.50 of
1188	which must be remitted to the Department of Revenue for deposit
1189	in the General Revenue Fund, and $9.50 of which must be remitted
1190	to the Department of Revenue for deposit in the Highway Safety
1191	Operating Trust Fund. The department shall contract with the
1192	Florida Association of Court Clerks, Inc., to design, establish,
1193	operate, upgrade, and maintain an automated statewide Uniform
1194	Traffic Citation Accounting System to be operated by the clerks
1195	of the court that which shall include, but not be limited to,
1196	the accounting for traffic infractions by type, a record of the
1197	disposition of the citations, and an accounting system for the
1198	fines assessed and the subsequent fine amounts paid to the
1199	clerks of the court. On or before December 1, 2001, the clerks
1200	of the court must provide the information required by this
1201	chapter to be transmitted to the department by electronic
1202	transmission pursuant to the contract.
1203	(b)  Any person who fails to comply with the court's
1204	requirements as to civil penalties specified in this section due
1205	to demonstrable financial hardship shall be authorized to
1206	satisfy such civil penalties by public works or community
1207	service. Each hour of such service shall be applied, at the rate
1208	of the minimum wage, toward payment of the person's civil
1209	penalties; provided, however, that if the person has a trade or
1210	profession for which there is a community service need and
1211	application, the rate for each hour of such service shall be the
1212	average standard wage for such trade or profession. Any person
1213	who fails to comply with the court's requirements as to such
1214	civil penalties who does not demonstrate financial hardship may
1215	also, at the discretion of the court, be authorized to satisfy
1216	such civil penalties by public works or community service in the
1217	same manner.
1218	(c)  If the noncriminal infraction has caused or resulted
1219	in the death of another, the person who committed the infraction
1220	may perform 120 community service hours under s. 316.027(4), in
1221	addition to any other penalties.
1222	(9)  One hundred dollars for a violation of s. 316.1575.
1223	(10)  Twenty-five dollars for a violation of s. 316.2074.
1224	(11)(a)  In addition to the stated fine, court costs must
1225	be paid in the following amounts and shall be deposited by the
1226	clerk into the fine and forfeiture fund established pursuant to
1227	s. 142.01:
1228
1229	For pedestrian infractions     $  3.
1230	For nonmoving traffic infractions     $ 16.
1231	For moving traffic infractions     $ 30.
1232	(b)  In addition to the court cost required under paragraph
1233	(a), up to $3 for each infraction shall be collected and
1234	distributed by the clerk in those counties that have been
1235	authorized to establish a criminal justice selection center or a
1236	criminal justice access and assessment center pursuant to the
1237	following special acts of the Legislature:
1238	1.  Chapter 87-423, Laws of Florida, for Brevard County.
1239	2.  Chapter 89-521, Laws of Florida, for Bay County.
1240	3.  Chapter 94-444, Laws of Florida, for Alachua County.
1241	4.  Chapter 97-333, Laws of Florida, for Pinellas County.
1242
1243	Funds collected by the clerk pursuant to this paragraph shall be
1244	distributed to the centers authorized by those special acts.
1245	(c)  In addition to the court cost required under paragraph
1246	(a), a $2.50 court cost must be paid for each infraction to be
1247	distributed by the clerk to the county to help pay for criminal
1248	justice education and training programs pursuant to s. 938.15.
1249	Funds from the distribution to the county not directed by the
1250	county to fund these centers or programs shall be retained by
1251	the clerk and used for funding the court-related services of the
1252	clerk.
1253	(d)  In addition to the court cost required under paragraph
1254	(a), a $3 court cost must be paid for each infraction to be
1255	distributed as provided in s. 938.01 and a $2 court cost as
1256	provided in s. 938.15 when assessed by a municipality or county.
1257	(12)  Two One hundred dollars for a violation of s.
1258	316.520(1) or (2). If, at a hearing, the alleged offender is
1259	found to have committed this offense, the court shall impose a
1260	minimum civil penalty of $200 $100. For a second or subsequent
1261	adjudication within a period of 5 years, the department shall
1262	suspend the driver's license of the person for not less than 1
1263	year 180 days and not more than 2 years 1 year.
1264	(13)  In addition to any penalties imposed for noncriminal
1265	traffic infractions pursuant to this chapter or imposed for
1266	criminal violations listed in s. 318.17, a board of county
1267	commissioners or any unit of local government that which is
1268	consolidated as provided by s. 9, Art. VIII of the State
1269	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1270	Constitution of 1968:
1271	(a)  May impose by ordinance a surcharge of up to $15 for
1272	any infraction or violation to fund state court facilities. The
1273	court shall not waive this surcharge. Up to 25 percent of the
1274	revenue from such surcharge may be used to support local law
1275	libraries provided that the county or unit of local government
1276	provides a level of service equal to that provided prior to July
1277	1, 2004, which shall include the continuation of library
1278	facilities located in or near the county courthouse or annexes.
1279	(b)  That imposed increased fees or service charges by
1280	ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the
1281	purpose of securing payment of the principal and interest on
1282	bonds issued by the county before July 1, 2003, to finance state
1283	court facilities, may impose by ordinance a surcharge for any
1284	infraction or violation for the exclusive purpose of securing
1285	payment of the principal and interest on bonds issued by the
1286	county before July 1, 2003, to fund state court facilities until
1287	the date of stated maturity. The court shall not waive this
1288	surcharge. Such surcharge may not exceed an amount per violation
1289	calculated as the quotient of the maximum annual payment of the
1290	principal and interest on the bonds as of July 1, 2003, divided
1291	by the number of traffic citations for county fiscal year 2002-
1292	2003 certified as paid by the clerk of the court of the county.
1293	Such quotient shall be rounded up to the next highest dollar
1294	amount. The bonds may be refunded only if savings will be
1295	realized on payments of debt service and the refunding bonds are
1296	scheduled to mature on the same date or before the bonds being
1297	refunded.
1298
1299	A county may not impose both of the surcharges authorized under
1300	paragraphs (a) and (b) concurrently. The clerk of court shall
1301	report, no later than 30 days after the end of the quarter, the
1302	amount of funds collected under this subsection during each
1303	quarter of the fiscal year. The clerk shall submit the report,
1304	in a format developed by the Office of State Courts
1305	Administrator, to the chief judge of the circuit, the Governor,
1306	the President of the Senate, and the Speaker of the House of
1307	Representatives.
1308	(14)  In addition to any penalties imposed for noncriminal
1309	traffic infractions under this chapter or imposed for criminal
1310	violations listed in s. 318.17, any unit of local government
1311	that is consolidated as provided by s. 9, Art. VIII of the State
1312	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
1313	State Constitution of 1968, and that is granted the authority in
1314	the State Constitution to exercise all the powers of a municipal
1315	corporation, and any unit of local government operating under a
1316	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
1317	VIII of the State Constitution of 1885, as preserved by s. 6(e),
1318	Art. VIII of the State Constitution of 1968, that is granted the
1319	authority in the State Constitution to exercise all the powers
1320	conferred now or hereafter by general law upon municipalities,
1321	may impose by ordinance a surcharge of up to $15 for any
1322	infraction or violation. Revenue from the surcharge shall be
1323	transferred to such unit of local government for the purpose of
1324	replacing fine revenue deposited into the clerk's fine and
1325	forfeiture fund under s. 142.01. The court may not waive this
1326	surcharge. Proceeds from the imposition of the surcharge
1327	authorized in this subsection shall not be used for the purpose
1328	of securing payment of the principal and interest on bonds. This
1329	subsection, and any surcharge imposed pursuant to this
1330	subsection, shall stand repealed September 30, 2007.
1331	(15)  One hundred twenty-five dollars for a violation of s.
1332	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
1333	stop at a traffic signal. Sixty dollars shall be distributed as
1334	provided in s. 318.21, and the remaining $65 shall be remitted
1335	to the Department of Revenue for deposit into the Administrative
1336	Trust Fund of the Department of Health.
1337	(16)  In addition to any penalties imposed, a surcharge of
1338	$4 must be paid for all criminal offenses listed in s. 318.17
1339	and for all noncriminal moving traffic violations under chapter
1340	316. Revenue from the surcharge shall be remitted to the
1341	Department of Revenue and deposited quarterly into the State
1342	Agency Law Enforcement Radio System Trust Fund of the Department
1343	of Management Services for the state agency law enforcement
1344	radio system, as described in s. 282.1095.
1345	Section 22.  Subsection (15) is added to section 318.21,
1346	Florida Statutes, to read:
1347	318.21  Disposition of civil penalties by county
1348	courts.--All civil penalties received by a county court pursuant
1349	to the provisions of this chapter shall be distributed and paid
1350	monthly as follows:
1351	(15)  Notwithstanding subsections (1) and (2), the proceeds
1352	from the surcharge imposed under s. 318.18(16) shall be
1353	distributed as provided in that subsection.
1354	Section 23.  Section 318.19, Florida Statutes, is amended
1355	to read:
1356	318.19  Infractions requiring a mandatory hearing.--Any
1357	person cited for the infractions listed in this section shall
1358	not have the provisions of s. 318.14(2), (4), and (9) available
1359	to him or her but must appear before the designated official at
1360	the time and location of the scheduled hearing:
1361	(1)  Any infraction which results in a crash that causes
1362	the death of another;
1363	(2)  Any infraction which results in a crash that causes
1364	"serious bodily injury" of another as defined in s. 316.1933(1);
1365	(3)  Any infraction of s. 316.172(1)(b); or
1366	(4)  Any infraction of s. 316.520(1) or (2); or
1367	(5)  Any infraction of s. 316.183(2), s. 316.187, or s.
1368	316.189 of exceeding the speed limit by 30 miles per hour or
1369	more.
1370	Section 24.  Paragraph (d) of subsection (1) of section
1371	318.32, Florida Statutes, is amended to read:
1372	318.32  Jurisdiction; limitations.--
1373	(1)  Hearing officers shall be empowered to accept pleas
1374	from and decide the guilt or innocence of any person, adult or
1375	juvenile, charged with any civil traffic infraction and shall be
1376	empowered to adjudicate or withhold adjudication of guilt in the
1377	same manner as a county court judge under the statutes, rules,
1378	and procedures presently existing or as subsequently amended,
1379	except that hearing officers shall not:
1380	(d)  Have the power to suspend or revoke a defendant's
1381	driver's license pursuant to s. 316.655(2).
1382	Section 25.  Subsection (1) of section 320.015, Florida
1383	Statutes, is amended to read:
1384	320.015  Taxation of mobile homes.--
1385	(1)  A mobile home, as defined in s. 320.01(2), regardless
1386	of its actual use, shall be subject only to a license tax unless
1387	classified and taxed as real property. A mobile home is to be
1388	considered real property only when the owner of the mobile home
1389	is also the owner of the land on which the mobile home is
1390	situated and said mobile home is permanently affixed thereto.
1391	Any prefabricated or modular housing unit or portion thereof not
1392	manufactured upon an integral chassis or undercarriage for
1393	travel over the highways shall be taxed as real property once
1394	permanently affixed to real property. This section shall not be
1395	construed to apply to a display home or other inventory being
1396	held for sale by a manufacturer or dealer of modular housing
1397	units even though transported over the highways to a site for
1398	erection or use.
1399	Section 26.  Effective July 1, 2008, subsection (1) of
1400	section 320.02, Florida Statutes, is amended to read:
1401	320.02  Registration required; application for
1402	registration; forms.--
1403	(1)  Except as otherwise provided in this chapter, every
1404	owner or person in charge of a motor vehicle that which is
1405	operated or driven on the roads of this state shall register the
1406	vehicle in this state. The owner or person in charge shall apply
1407	to the department or to its authorized agent for registration of
1408	each such vehicle on a form prescribed by the department. Prior
1409	to an original registration of any motorcycle, motor-driven
1410	cycle, or moped, the owner, if a natural person, shall present
1411	proof that he or she has a valid motorcycle endorsement as
1412	required in chapter 322. No registration is required for any
1413	motor vehicle that which is not operated on the roads of this
1414	state during the registration period.
1415	Section 27.  Subsection (8) of section 320.03, Florida
1416	Statutes, is amended to read:
1417	320.03  Registration; duties of tax collectors;
1418	International Registration Plan.--
1419	(8)  If the applicant's name appears on the list referred
1420	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1421	license plate or revalidation sticker may not be issued until
1422	that person's name no longer appears on the list or until the
1423	person presents a receipt from the clerk showing that the fines
1424	outstanding have been paid. This subsection shall not apply to
1425	the owner of a leased vehicle if the vehicle is registered in
1426	the name of the lessee of such vehicle. The tax collector and
1427	the clerk of the court are each entitled to receive monthly, as
1428	costs for implementing and administering this subsection, 10
1429	percent of the civil penalties and fines recovered from such
1430	persons. As used in this subsection, the term "civil penalties
1431	and fines" does not include a wrecker operator's lien as
1432	described in s. 713.78(13). If the tax collector has private tag
1433	agents, such tag agents are entitled to receive a pro rata share
1434	of the amount paid to the tax collector, based upon the
1435	percentage of license plates and revalidation stickers issued by
1436	the tag agent compared to the total issued within the county.
1437	The authority of any private agent to issue license plates shall
1438	be revoked, after notice and a hearing as provided in chapter
1439	120, if he or she issues any license plate or revalidation
1440	sticker contrary to the provisions of this subsection. This
1441	section applies only to the annual renewal in the owner's birth
1442	month of a motor vehicle registration and does not apply to the
1443	transfer of a registration of a motor vehicle sold by a motor
1444	vehicle dealer licensed under this chapter, except for the
1445	transfer of registrations which is inclusive of the annual
1446	renewals. This section does not affect the issuance of the title
1447	to a motor vehicle, notwithstanding s. 319.23(7)(b).
1448	Section 28.  Paragraph (f) is added to subsection (3) and
1449	paragraph (c) is added to subsection (4) of section 320.07,
1450	Florida Statutes, to read:
1451	320.07  Expiration of registration; annual renewal
1452	required; penalties.--
1453	(3)  The operation of any motor vehicle without having
1454	attached thereto a registration license plate and validation
1455	stickers, or the use of any mobile home without having attached
1456	thereto a mobile home sticker, for the current registration
1457	period shall subject the owner thereof, if he or she is present,
1458	or, if the owner is not present, the operator thereof to the
1459	following penalty provisions:
1460	(f)  The owner of a leased motor vehicle shall not be
1461	responsible for any of the penalties specified in this
1462	subsection if the motor vehicle is registered in the name of the
1463	lessee of such motor vehicle.
1464	(4)
1465	(c)  The owner of a leased motor vehicle shall not be
1466	responsible for any delinquent fee specified in this subsection
1467	if the motor vehicle is registered in the name of the lessee of
1468	such motor vehicle.
1469	Section 29.  Section 320.0706, Florida Statutes, is amended
1470	to read:
1471	320.0706  Display of license plates on trucks.--The owner
1472	of any commercial truck of gross vehicle weight of 26,001 pounds
1473	or more shall display the registration license plate on both the
1474	front and rear of the truck in conformance with all the
1475	requirements of s. 316.605 that do not conflict with this
1476	section. To allow for better visibility, the owner of a dump
1477	truck may place the rear license plate on the gate so that the
1478	distance from the ground to the top of the license plate is no
1479	more than 60 inches. However, the owner of a truck tractor shall
1480	be required to display the registration license plate only on
1481	the front of such vehicle. Vehicle license plates shall be
1482	affixed and displayed in such a manner that the letters and
1483	numerals shall be read from left to right parallel to the
1484	ground. No vehicle license plate may be displayed in an inverted
1485	or reversed position or in such a manner that the letters and
1486	numbers and their proper sequence are not readily identifiable.
1487	Section 30.  Paragraph (eee) is added to subsection (4) of
1488	section 320.08056, Florida Statutes, to read:
1489	320.08056  Specialty license plates.--
1490	(4)  The following license plate annual use fees shall be
1491	collected for the appropriate specialty license plates:
1492	(eee)  Future Farmers of America license plate, $25.
1493	Section 31.  Subsection (48) of section 320.08058, Florida
1494	Statutes, is amended, and subsection (57) is added to that
1495	section, to read:
1496	320.08058  Specialty license plates.--
1497	(48)  SPORTSMEN'S NATIONAL LAND TRUST LICENSE PLATES.--
1498	(a)  The department shall develop a Sportsmen's National
1499	Land Trust license plate as provided in this section. The word
1500	"Florida" must appear at the top of the plate, and the words
1501	"Sportsmen's National Land Trust" must appear at the bottom of
1502	the plate.
1503	(b)  The annual revenues from the sales of the license
1504	plate shall be distributed to the Sportsmen's National Land
1505	Trust. Such annual revenues must be used by the trust in the
1506	following manner:
1507	1.  Fifty percent may be retained until fifty percent of
1508	all startup costs for developing and establishing the plate have
1509	been recovered.
1510	2.  Twenty-five percent must be used to fund programs and
1511	projects within the state that preserve open space and wildlife
1512	habitat, promote conservation, improve wildlife habitat, and
1513	establish open space for the perpetual use of the public.
1514	3.  Twenty-five percent may be used for promotion,
1515	marketing, and administrative costs directly associated with
1516	operation of the trust.
1517	(c)  When the provisions of subparagraph (b)1. are met,
1518	those annual revenues shall be used for the purposes of
1519	subparagraph (b)2.
1520	(57)  FUTURE FARMERS OF AMERICA LICENSE PLATES.--
1521	(a)  Notwithstanding s. 320.08053, the department shall
1522	develop a Future Farmers of America license plate as provided in
1523	this section. Future Farmers of America license plates must bear
1524	the colors and design approved by the department. The word
1525	"Florida" must appear at the top of the plate, and the words
1526	"Agricultural Education" must appear at the bottom of the plate.
1527	(b)  The license plate annual use fee shall be distributed
1528	quarterly to the Florida Future Farmers of America Foundation,
1529	Inc., to fund activities and services of the Future Farmers of
1530	America.
1531	(c)  The Florida Future Farmers of America Foundation,
1532	Inc., shall retain all revenue from the annual use fees until
1533	all startup costs for developing and establishing the plates
1534	have been recovered. Thereafter, up to 10 percent of the annual
1535	use fee revenue may be used for administrative, handling, and
1536	disbursement expenses and up to 5 percent may be used for
1537	advertising and marketing costs. All remaining annual use fee
1538	revenue shall be used by the Florida Future Farmers of America
1539	Foundation, Inc., to fund its activities, programs, and
1540	projects, including, but not limited to, student and teacher
1541	leadership programs, the Foundation for Leadership Training
1542	Center, teacher recruitment and retention, and other special
1543	projects.
1544	Section 32.  Subsection (5) of section 320.0807, Florida
1545	Statutes, is renumbered as subsection (6), and a new subsection
1546	(5) is added to that section to read:
1547	320.0807  Special license plates for Governor and federal
1548	and state legislators.--
1549	(5)  Upon application by any current or former President of
1550	the Senate and payment of the fees prescribed by s. 320.0805,
1551	the department is authorized to issue a license plate stamped in
1552	bold letters "Senate President" followed by the number assigned
1553	by the department or chosen by the applicant if the number is
1554	not already in use. Upon application by any current or former
1555	Speaker of the House of Representatives and payment of the fees
1556	prescribed by s. 320.0805, the department is authorized to issue
1557	a license plate stamped in bold letters "House Speaker" followed
1558	by the number assigned by the department or chosen by the
1559	applicant if the number is not already in use.
1560	Section 33.  Subsection (4) is added to section 320.089,
1561	Florida Statutes, to read:
1562	320.089  Members of National Guard and active United States
1563	Armed Forces reservists; former prisoners of war; survivors of
1564	Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1565	Freedom and Operation Enduring Freedom veterans; special license
1566	plates; fee.--
1567	(4)  Each owner or lessee of an automobile or truck for
1568	private use, truck weighing not more than 7,999 pounds, or
1569	recreational vehicle as specified in s. 320.08(9)(c) or (d),
1570	which automobile, truck, or recreational vehicle is not used for
1571	hire or commercial use, who is a resident of the state and a
1572	current or former member of the United States military who was
1573	deployed and served in Iraq during Operation Iraqi Freedom or in
1574	Afghanistan during Operation Enduring Freedom shall, upon
1575	application to the department, accompanied by proof of active
1576	membership or former active duty status during one of these
1577	operations, and upon payment of the license tax for the vehicle
1578	as provided in s. 320.08, be issued a license plate as provided
1579	by s. 320.06 upon which, in lieu of the registration license
1580	number prescribed by s. 320.06, shall be stamped the words
1581	"Operation Iraqi Freedom" or "Operation Enduring Freedom," as
1582	appropriate, followed by the registration license number of the
1583	plate.
1584	Section 34.  Paragraphs (a) and (b) of subsection (4) and
1585	paragraph (b) of subsection (9) of section 320.27, Florida
1586	Statutes, are amended to read:
1587	320.27  Motor vehicle dealers.--
1588	(4)  LICENSE CERTIFICATE.--
1589	(a)  A license certificate shall be issued by the
1590	department in accordance with such application when the
1591	application is regular in form and in compliance with the
1592	provisions of this section. The license certificate may be in
1593	the form of a document or a computerized card as determined by
1594	the department. The actual cost of each original, additional, or
1595	replacement computerized card shall be borne by the licensee and
1596	is in addition to the fee for licensure. Such license, when so
1597	issued, entitles the licensee to carry on and conduct the
1598	business of a motor vehicle dealer. Each license issued to a
1599	franchise motor vehicle dealer expires annually on December 31
1600	unless revoked or suspended prior to that date. Each license
1601	issued to an independent or wholesale dealer or auction expires
1602	annually on April 30 unless revoked or suspended prior to that
1603	date. Not less than 60 days prior to the license expiration
1604	date, the department shall deliver or mail to each licensee the
1605	necessary renewal forms. Each independent dealer who has been in
1606	business for less than 15 years shall certify that the dealer
1607	principal (owner, partner, officer of the corporation, or
1608	director of the licensee, or full-time employee of the licensee
1609	who holds a responsible management-level position) has completed
1610	8 hours of continuing education prior to filing the renewal
1611	forms with the department. Such certification shall be filed
1612	once every 2 years commencing with the 2006 renewal period. The
1613	continuing education shall include at least 2 hours of legal or
1614	legislative issues, 1 hour of department issues, and 5 hours of
1615	relevant motor vehicle industry topics. Continuing education
1616	shall be provided by dealer schools licensed under paragraph (b)
1617	either in a classroom setting or by correspondence. Such schools
1618	shall provide certificates of completion to the department and
1619	the customer which shall be filed with the license renewal form,
1620	and such schools may charge a fee for providing continuing
1621	education. Any licensee who does not file his or her application
1622	and fees and any other requisite documents, as required by law,
1623	with the department at least 30 days prior to the license
1624	expiration date shall cease to engage in business as a motor
1625	vehicle dealer on the license expiration date. A renewal filed
1626	with the department within 45 days after the expiration date
1627	shall be accompanied by a delinquent fee of $100. Thereafter, a
1628	new application is required, accompanied by the initial license
1629	fee. A license certificate duly issued by the department may be
1630	modified by endorsement to show a change in the name of the
1631	licensee, provided, as shown by affidavit of the licensee, the
1632	majority ownership interest of the licensee has not changed or
1633	the name of the person appearing as franchisee on the sales and
1634	service agreement has not changed. Modification of a license
1635	certificate to show any name change as herein provided shall not
1636	require initial licensure or reissuance of dealer tags; however,
1637	any dealer obtaining a name change shall transact all business
1638	in and be properly identified by that name. All documents
1639	relative to licensure shall reflect the new name. In the case of
1640	a franchise dealer, the name change shall be approved by the
1641	manufacturer, distributor, or importer. A licensee applying for
1642	a name change endorsement shall pay a fee of $25, which fee
1643	shall apply to the change in the name of a main location and all
1644	additional locations licensed under the provisions of subsection
1645	(5). Each initial license application received by the department
1646	shall be accompanied by verification that, within the preceding
1647	6 months, the applicant, or one or more of his or her designated
1648	employees, has attended a training and information seminar
1649	conducted by a licensed motor vehicle dealer training school.
1650	Any applicant for a new franchised motor vehicle dealer license
1651	who has held a valid franchised motor vehicle dealer license
1652	continuously for the preceding 2 years and who remains in good
1653	standing with the department is exempt from the prelicensing
1654	training requirement. Such seminar shall include, but is not
1655	limited to, statutory dealer requirements, which requirements
1656	include required bookkeeping and recordkeeping procedures,
1657	requirements for the collection of sales and use taxes, and such
1658	other information that in the opinion of the department will
1659	promote good business practices. No seminar may exceed 8 hours
1660	in length.
1661	(b)  Each initial license application received by the
1662	department for licensure under subparagraph (1)(c)2. must be
1663	accompanied by verification that, within the preceding 6 months,
1664	the applicant (owner, partner, officer of the corporation, or
1665	director of the applicant, or full-time employee of the
1666	applicant who holds a responsible management-level position) has
1667	successfully completed training conducted by a licensed motor
1668	vehicle dealer training school. Such training must include
1669	training in titling and registration of motor vehicles, laws
1670	relating to unfair and deceptive trade practices, laws relating
1671	to financing with regard to buy-here, pay-here operations, and
1672	such other information that in the opinion of the department
1673	will promote good business practices. Successful completion of
1674	this training shall be determined by examination administered at
1675	the end of the course and attendance of no less than 90 percent
1676	of the total hours required by such school. Any applicant who
1677	had held a valid motor vehicle dealer's license within the past
1678	2 years and who remains in good standing with the department is
1679	exempt from the requirements of this paragraph. In the case of
1680	nonresident applicants, the requirement to attend such training
1681	shall be placed on any employee of the licensee who holds a
1682	responsible management-level position and who is employed full-
1683	time at the motor vehicle dealership. The department shall have
1684	the authority to adopt any rule necessary for establishing the
1685	training curriculum; length of training, which shall not exceed
1686	8 hours for required department topics and shall not exceed an
1687	additional 24 hours for topics related to other regulatory
1688	agencies' instructor qualifications; and any other requirements
1689	under this section. The curriculum for other subjects shall be
1690	approved by any and all other regulatory agencies having
1691	jurisdiction over specific subject matters; however, the overall
1692	administration of the licensing of these dealer schools and
1693	their instructors shall remain with the department. Such schools
1694	are authorized to charge a fee. This privatized method for
1695	training applicants for dealer licensing pursuant to
1696	subparagraph (1)(c)2. is a pilot program that shall be evaluated
1697	by the department after it has been in operation for a period of
1698	2 years.
1699	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1700	(b)  The department may deny, suspend, or revoke any
1701	license issued hereunder or under the provisions of s. 320.77 or
1702	s. 320.771 upon proof that a licensee has committed, with
1703	sufficient frequency so as to establish a pattern of wrongdoing
1704	on the part of a licensee, violations of one or more of the
1705	following activities:
1706	1.  Representation that a demonstrator is a new motor
1707	vehicle, or the attempt to sell or the sale of a demonstrator as
1708	a new motor vehicle without written notice to the purchaser that
1709	the vehicle is a demonstrator. For the purposes of this section,
1710	a "demonstrator," a "new motor vehicle," and a "used motor
1711	vehicle" shall be defined as under s. 320.60.
1712	2.  Unjustifiable refusal to comply with a licensee's
1713	responsibility under the terms of the new motor vehicle warranty
1714	issued by its respective manufacturer, distributor, or importer.
1715	However, if such refusal is at the direction of the
1716	manufacturer, distributor, or importer, such refusal shall not
1717	be a ground under this section.
1718	3.  Misrepresentation or false, deceptive, or misleading
1719	statements with regard to the sale or financing of motor
1720	vehicles that which any motor vehicle dealer has, or causes to
1721	have, advertised, printed, displayed, published, distributed,
1722	broadcast, televised, or made in any manner with regard to the
1723	sale or financing of motor vehicles.
1724	4.  Failure by any motor vehicle dealer to provide a
1725	customer or purchaser with an odometer disclosure statement and
1726	a copy of any bona fide written, executed sales contract or
1727	agreement of purchase connected with the purchase of the motor
1728	vehicle purchased by the customer or purchaser.
1729	5.  Failure of any motor vehicle dealer to comply with the
1730	terms of any bona fide written, executed agreement, pursuant to
1731	the sale of a motor vehicle.
1732	6.  Failure to apply for transfer of a title as prescribed
1733	in s. 319.23(6).
1734	7.  Use of the dealer license identification number by any
1735	person other than the licensed dealer or his or her designee.
1736	8.  Failure to continually meet the requirements of the
1737	licensure law.
1738	9.  Representation to a customer or any advertisement to
1739	the public representing or suggesting that a motor vehicle is a
1740	new motor vehicle if such vehicle lawfully cannot be titled in
1741	the name of the customer or other member of the public by the
1742	seller using a manufacturer's statement of origin as permitted
1743	in s. 319.23(1).
1744	10.  Requirement by any motor vehicle dealer that a
1745	customer or purchaser accept equipment on his or her motor
1746	vehicle that which was not ordered by the customer or purchaser.
1747	11.  Requirement by any motor vehicle dealer that any
1748	customer or purchaser finance a motor vehicle with a specific
1749	financial institution or company.
1750	12.  Requirement by any motor vehicle dealer that the
1751	purchaser of a motor vehicle contract with the dealer for
1752	physical damage insurance.
1753	13.  Perpetration of a fraud upon any person as a result of
1754	dealing in motor vehicles, including, without limitation, the
1755	misrepresentation to any person by the licensee of the
1756	licensee's relationship to any manufacturer, importer, or
1757	distributor.
1758	14.  Violation of any of the provisions of s. 319.35 by any
1759	motor vehicle dealer.
1760	15.  Sale by a motor vehicle dealer of a vehicle offered in
1761	trade by a customer prior to consummation of the sale, exchange,
1762	or transfer of a newly acquired vehicle to the customer, unless
1763	the customer provides written authorization for the sale of the
1764	trade-in vehicle prior to delivery of the newly acquired
1765	vehicle.
1766	16.  Willful failure to comply with any administrative rule
1767	adopted by the department or the provisions of s. 320.131(8).
1768	17.  Violation of chapter 319, this chapter, or ss.
1769	559.901-559.9221, which has to do with dealing in or repairing
1770	motor vehicles or mobile homes. Additionally, in the case of
1771	used motor vehicles, the willful violation of the federal law
1772	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1773	the consumer sales window form.
1774	18.  Failure to maintain evidence of notification to the
1775	owner or coowner of a vehicle regarding registration or titling
1776	fees owed owned as required in s. 320.02(17) 320.02(19).
1777	19.  Failure to register a mobile home salesperson with the
1778	department as required by this chapter.
1779	Section 35.  Subsection (5) is added to section 320.405,
1780	Florida Statutes, to read:
1781	320.405  International Registration Plan; inspection of
1782	records; hearings.--
1783	(5)  The department is authorized to enter into agreements
1784	for scheduling payments of taxes and penalties due to the
1785	department as a result of audit assessments issued under this
1786	section.
1787	Section 36.  Paragraph (c) is added to subsection (1) of
1788	section 320.77, Florida Statutes, subsections (8) through (15)
1789	are renumbered as subsections (9) through (16), respectively,
1790	and a new subsection (8) is added to that section, to read:
1791	320.77  License required of mobile home dealers.--
1792	(1)  DEFINITIONS.--As used in this section:
1793	(c)1.  "Mobile home salesperson" is a person, not otherwise
1794	expressly excluded by this section, who:
1795	a.  Is employed as a salesperson by a mobile home dealer or
1796	who, under any form of contract, agreement, or arrangement with
1797	a dealer for commission, money, profit, or other thing of value,
1798	sells, exchanges, buys, or offers for sale, or negotiates or
1799	attempts to negotiate a sale or exchange of, an interest in a
1800	mobile home required to be titled under this chapter;
1801	b.  Induces or attempts to induce any person to buy or
1802	exchange an interest in a mobile home required to be registered
1803	and receives or expects to receive a commission, money,
1804	brokerage fees, profit, or any other thing of value from either
1805	the seller or purchaser of the mobile home; or
1806	c.  Exercises managerial control over the business of a
1807	licensed mobile home dealer or supervises mobile home
1808	salespersons employed by a licensed mobile home dealer, whether
1809	compensated by salary or commission, including, but not limited
1810	to, any person employed by the mobile home dealer as a general
1811	manager, assistant general manager, or sales manager or any
1812	employee of a licensed mobile home dealer who negotiates with or
1813	induces a customer to enter into a security agreement or
1814	purchase agreement or purchase order for the sale of a mobile
1815	home on behalf of the licensed mobile home dealer.
1816	2.  "Mobile home salesperson" does not include any of the
1817	following:
1818	a.  A representative of an insurance company or a finance
1819	company or a public official who, in the regular course of
1820	business, is required to dispose of or sell mobile homes under a
1821	contractual right or obligation of the employer or in the
1822	performance of an official duty or under the authority of any
1823	court of law, if the sale is for the purpose of saving the
1824	seller from any loss or pursuant to the authority of a court of
1825	competent jurisdiction.
1826	b.  A persons who is licensed as a manufacturer,
1827	remanufacturer, transporter, distributor, or representative of
1828	mobile homes.
1829	c.  A person who is licensed as a mobile home dealer under
1830	this chapter.
1831	d.  A person not engaged in the purchase or sale of mobile
1832	homes as a business but disposing of mobile homes acquired for
1833	his or her own use or for use in his or her business when the
1834	mobile homes have been so acquired and used in good faith and
1835	not for the purpose of avoiding the provisions of this chapter.
1836	(8)  SALESPERSONS TO BE REGISTERED BY LICENSEES.--
1837	(a)  Within 30 days after the date of hire, each licensee
1838	shall register with the department the name, local residence
1839	address, and home telephone number of each person employed by
1840	the licensee as a mobile home salesperson. A licensee may not
1841	provide a post office box in lieu of a physical residential
1842	address.
1843	(b)  Each time a mobile home salesperson employed by a
1844	licensee changes his or her residence address, the salesperson
1845	shall notify the department within 20 days after such change.
1846	(c)  Quarterly, each licensee is required to notify the
1847	department of the termination or separation from employment of
1848	each mobile home salesperson employed by the licensee. Each
1849	notification required in this subsection shall be on a form
1850	prescribed by the department.
1851	Section 37.  Subsections (3), (5), (6), (7), and (9) of
1852	section 320.781, Florida Statutes, are amended to read:
1853	320.781  Mobile Home and Recreational Vehicle Protection
1854	Trust Fund.--
1855	(3)  The trust fund shall be used to satisfy any judgment
1856	or claim by any person, as provided by this section, against a
1857	mobile home or recreational vehicle dealer or broker for
1858	damages, restitution, or expenses, including reasonable
1859	attorney's fees, resulting from a cause of action directly
1860	related to the conditions of any written contract made by him or
1861	her in connection with the sale, exchange, or improvement of any
1862	mobile home or recreational vehicle, or for any violation of
1863	chapter 319 or this chapter.
1864	(5)  Subject to the limitations and requirements of this
1865	section, the trust fund shall be used by the department to
1866	compensate persons who have unsatisfied judgments, or in certain
1867	limited circumstances unsatisfied claims, against a mobile home
1868	or recreational vehicle dealer or broker. The following
1869	conditions must exist to be eligible to file a claim against the
1870	trust fund in one of the following situations:
1871	(a)  The claimant has obtained a final judgment that which
1872	is unsatisfied against the mobile home or recreational vehicle
1873	dealer or broker or its surety jointly and severally, or against
1874	the mobile home dealer or broker only, if the court found that
1875	the surety was not liable due to prior payment of valid claims
1876	against the bond in an amount equal to, or greater than, the
1877	face amount of the applicable bond; or a claimant is prohibited
1878	from filing a claim in a lawsuit because a bankruptcy proceeding
1879	is pending by the dealer or broker and the claimant has filed a
1880	claim in that bankruptcy proceeding; or the dealer or broker has
1881	closed his or her business and cannot be found or located within
1882	the jurisdiction of this state; and.
1883	(b)  Either a claim has been made in a lawsuit against the
1884	surety and a judgment obtained is unsatisfied; or a claim has
1885	been made in a lawsuit against the surety that has been stayed
1886	or discharged in a bankruptcy proceeding; or a claimant is
1887	prohibited from filing a claim in a lawsuit because a bankruptcy
1888	proceeding is pending by surety or the surety is not liable due
1889	to the prior payment of valid claims against the bond in an
1890	amount equal to, or greater than, the face amount of the
1891	applicable bond. However, no claimant shall be entitled to
1892	recover against the trust fund if the claimant has recovered
1893	from the surety an amount that is equal to or greater than the
1894	total loss. The claimant has obtained a judgment against the
1895	surety of the mobile home or recreational vehicle dealer or
1896	broker that is unsatisfied.
1897	(c)  The claimant has alleged a claim against the mobile
1898	home or recreational vehicle dealer or broker in a lawsuit which
1899	has been stayed or discharged as a result of the filing for
1900	reorganization or discharge in bankruptcy by the dealer or
1901	broker, and judgment against the surety is not possible because
1902	of the bankruptcy or liquidation of the surety, or because the
1903	surety has been found by a court of competent jurisdiction not
1904	to be liable due to prior payment of valid claims against the
1905	bond in an amount equal to, or greater than, the face amount of
1906	the applicable bond.
1907	(6)  In order to recover from the trust fund, the person
1908	must file an application and verified claim with the department.
1909	(a)  If the claimant has obtained a judgment that which is
1910	unsatisfied against the mobile home or recreational vehicle
1911	dealer or broker or its surety as set forth in this section, the
1912	verified claim must specify the following:
1913	1.a.  That the judgment against the mobile home or
1914	recreational vehicle dealer or broker and its surety has been
1915	entered; or
1916	b.  That the judgment against the mobile home or
1917	recreational vehicle dealer or broker contains a specific
1918	finding that the surety has no liability, that execution has
1919	been returned unsatisfied, and that a judgment lien has been
1920	perfected;
1921	2.  The amount of actual damages broken down by category as
1922	awarded by the court or jury in the cause that which resulted in
1923	the unsatisfied judgment, and the amount of attorney's fees set
1924	forth in the unsatisfied judgment;
1925	3.  The amount of payment or other consideration received,
1926	if any, from the mobile home or recreational vehicle dealer or
1927	broker or its surety;
1928	4.  The amount that may be realized, if any, from the sale
1929	of real or personal property or other assets of the judgment
1930	debtor liable to be sold or applied in satisfaction of the
1931	judgment and the balance remaining due on the judgment after
1932	application of the amount that which has been realized and a
1933	certification that the claimant has made a good faith effort to
1934	collect the judgment; and
1935	5.  An assignment by claimant of rights, title, or interest
1936	in the unsatisfied judgment and judgment lien; and
1937	6.5. Such other information as the department requires.
1938	(b)  If the claimant has alleged a claim as set forth in
1939	paragraph (5)(a)(c) and for the reasons set forth therein has
1940	not been able to secure a judgment, the verified claim must
1941	contain the following:
1942	1.  A true copy of the pleadings in the lawsuit that which
1943	was stayed or discharged by the bankruptcy court and the order
1944	of the bankruptcy court staying those proceedings, or a true
1945	copy of the claim that was filed in the bankruptcy court
1946	proceeding;
1947	2.  Allegations of the acts or omissions by the mobile home
1948	or recreational vehicle dealer or broker setting forth the
1949	specific acts or omissions complained of that which resulted in
1950	actual damage to the person, along with the actual dollar amount
1951	necessary to reimburse or compensate the person for costs or
1952	expenses resulting from the acts or omissions of which the
1953	person complained;
1954	3.  True copies of all purchase agreements, notices,
1955	service or repair orders or papers or documents of any kind
1956	whatsoever that which the person received in connection with the
1957	purchase, exchange, or lease-purchase of the mobile home or
1958	recreational vehicle from which the person's cause of action
1959	arises; and
1960	4.  An assignment by claimant of rights, title, or interest
1961	in the claim to the department; and
1962	5.4.  Such other information as the department requires.
1963	(c)  The department may require such proof as it deems
1964	necessary to document the matters set forth in the claim.
1965	(7)  Within 90 days after receipt of the application and
1966	verified claim, the department shall issue its determination on
1967	the claim. Such determination shall not be subject to the
1968	provisions of chapter 120, but shall be reviewable only by writ
1969	of certiorari in the circuit court in the county in which the
1970	claimant resides in the manner and within the time provided by
1971	the Florida Rules of Appellate Procedure. The claim must be paid
1972	within 45 days after the determination, or, if judicial review
1973	is sought, within 45 days after the review becomes final. A
1974	person may not be paid an amount from the fund in excess of
1975	$25,000 per mobile home or recreational vehicle, which would
1976	include any damages, restitution, payments received as the
1977	result of a claim against the surety bond, or expenses,
1978	including reasonable attorney's fees. Prior to payment, the
1979	person must execute an assignment to the department of all the
1980	person's rights and title to, and interest in, the unsatisfied
1981	judgment and judgment lien or the claim against the dealer or
1982	broker and its surety.
1983	(9)  This section does not apply to any claim, and a person
1984	may not recover against the trust fund as the result of any
1985	claim, against a mobile home or recreational vehicle dealer or
1986	broker resulting from a cause of action directly related to the
1987	sale, lease-purchase, exchange, brokerage, or installation of a
1988	mobile home or recreational vehicle prior to July 1, 2006
1989	October 1, 1990.
1990	(11)  It is unlawful for any person or his or her agent to
1991	file any notice, statement, or other document required under
1992	this section which is false or contains any material
1993	misstatement of fact. Any person who violates this subsection is
1994	guilty of a misdemeanor of the second degree, punishable as
1995	provided in s. 775.082 or s. 775.083.
1996	Section 38.  Subsection (16) of section 322.01, Florida
1997	Statutes, is amended, subsections (24) through (40) are
1998	renumbered as subsections (25) through (41), respectively,
1999	subsections (41) and (42) are renumbered as subsections (44) and
2000	(45), respectively, and new subsections (24), (42), and (43) are
2001	added to that section, to read:
2002	322.01  Definitions.--As used in this chapter:
2003	(16)  "Driver's license" means a certificate that which,
2004	subject to all other requirements of law, authorizes an
2005	individual to drive a motor vehicle and that denotes an
2006	operator's license as defined in 49 U.S.C. s. 30301.
2007	(24)  "Identification card" means a personal identification
2008	card issued by the department that conforms to the definition in
2009	18 U.S.C. s. 1028(D).
2010	(42)  "Temporary driver's license" means a certificate
2011	issued by the department that, subject to all other requirements
2012	of law, authorizes an individual to drive a motor vehicle,
2013	denotes an operator's license as defined in 49 U.S.C. s. 30301,
2014	and denotes that the holder is not a permanent resident of the
2015	United States but is permitted to stay in the United States for
2016	a short duration of time specified on the license.
2017	(43)  "Temporary identification card" means a personal
2018	identification card issued by the department that conforms to
2019	the definition in 18 U.S.C. s. 1028(D) and denotes that the
2020	holder is not a permanent resident of the United States but is
2021	permitted to stay in the United States for a short duration of
2022	time specified on the card.
2023	Section 39.  Subsection (2) of section 322.05, Florida
2024	Statutes, is amended to read:
2025	322.05  Persons not to be licensed.--The department may not
2026	issue a license:
2027	(2)  To a person who is at least 16 years of age but is
2028	less than under  18 years of age unless the person meets the
2029	requirements of s. 322.091 and holds a valid:
2030	(a)  Learner's driver's license for at least 12 months,
2031	with no moving traffic convictions, before applying for a
2032	license;
2033	(b)  Learner's driver's license for at least 12 months and
2034	who has a moving traffic conviction but elects to attend a
2035	traffic driving school for which adjudication must be withheld
2036	pursuant to s. 318.14; or
2037	(c)  License that was issued in another state or in a
2038	foreign jurisdiction and that would not be subject to suspension
2039	or revocation under the laws of this state.
2040	Section 40.  Subsection (1) of section 322.051, Florida
2041	Statutes, is amended to read:
2042	322.051  Identification cards.--
2043	(1)  Any person who is 5 12 years of age or older, or any
2044	person who has a disability, regardless of age, who applies for
2045	a disabled parking permit under s. 320.0848, may be issued an
2046	identification card by the department upon completion of an
2047	application and payment of an application fee.
2048	(a)  Each such application shall include the following
2049	information regarding the applicant:
2050	1.  Full name (first, middle or maiden, and last), gender,
2051	social security card number, county of residence and mailing
2052	address, country of birth, and a brief description.
2053	2.  Proof of birth date satisfactory to the department.
2054	3.  Proof of identity satisfactory to the department. Such
2055	proof must include one of the following documents issued to the
2056	applicant:
2057	a.  A driver's license record or identification card record
2058	from another jurisdiction that required the applicant to submit
2059	a document for identification that which is substantially
2060	similar to a document required under sub-subparagraph b., sub-
2061	subparagraph c., sub-subparagraph d., sub-subparagraph e., sub-
2062	subparagraph f., or sub-subparagraph g.;
2063	b.  A certified copy of a United States birth certificate;
2064	c.  A United States passport;
2065	d.  A naturalization certificate issued by the United
2066	States Department of Homeland Security;
2067	e.  An alien registration receipt card (green card);
2068	f.  An employment authorization card issued by the United
2069	States Department of Homeland Security; or
2070	g.  Proof of nonimmigrant classification provided by the
2071	United States Department of Homeland Security, for an original
2072	identification card. In order to prove such nonimmigrant
2073	classification, applicants may produce but are not limited to
2074	the following documents:
2075	(I)  A notice of hearing from an immigration court
2076	scheduling a hearing on any proceeding.
2077	(II)  A notice from the Board of Immigration Appeals
2078	acknowledging pendency of an appeal.
2079	(III)  Notice of the approval of an application for
2080	adjustment of status issued by the United States Bureau of
2081	Citizenship and Immigration Services.
2082	(IV)  Any official documentation confirming the filing of a
2083	petition for asylum or refugee status or any other relief issued
2084	by the United States Bureau of Citizenship and Immigration
2085	Services.
2086	(V)  Notice of action transferring any pending matter from
2087	another jurisdiction to Florida, issued by the United States
2088	Bureau of Citizenship and Immigration Services.
2089	(VI)  Order of an immigration judge or immigration officer
2090	granting any relief that authorizes the alien to live and work
2091	in the United States including, but not limited to, asylum.
2092	(VII)  Evidence that an application is pending for
2093	adjustment of status to that of an alien lawfully admitted for
2094	permanent residence in the United States or conditional
2095	permanent resident status in the United States, provided that a
2096	visa number is available with a current priority date for
2097	processing by the United States Bureau of Citizenship and
2098	Immigration Services.
2099
2100	Presentation of any of the documents described in sub-
2101	subparagraph f. or sub-subparagraph g. entitles the applicant to
2102	an identification card for a period not to exceed the expiration
2103	date of the document presented or 1 year 2 years, whichever
2104	first occurs.
2105	(b)  An application for an identification card must be
2106	signed and verified by the applicant in a format designated by
2107	the department before a person authorized to administer oaths.
2108	The fee for an identification card is $3, including payment for
2109	the color photograph or digital image of the applicant.
2110	(c)  Each such applicant may include fingerprints and any
2111	other unique biometric means of identity.
2112	Section 41.  Paragraph (c) of subsection (2) of section
2113	322.08, Florida Statutes, is amended to read:
2114	322.08  Application for license.--
2115	(2)  Each such application shall include the following
2116	information regarding the applicant:
2117	(c)  Proof of identity satisfactory to the department. Such
2118	proof must include one of the following documents issued to the
2119	applicant:
2120	1.  A driver's license record or identification card record
2121	from another jurisdiction that required the applicant to submit
2122	a document for identification that which is substantially
2123	similar to a document required under subparagraph 2.,
2124	subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
2125	6., or subparagraph 7.;
2126	2.  A certified copy of a United States birth certificate;
2127	3.  A United States passport;
2128	4.  A naturalization certificate issued by the United
2129	States Department of Homeland Security;
2130	5.  An alien registration receipt card (green card);
2131	6.  An employment authorization card issued by the United
2132	States Department of Homeland Security; or
2133	7.  Proof of nonimmigrant classification provided by the
2134	United States Department of Homeland Security, for an original
2135	driver's license. In order to prove nonimmigrant classification,
2136	an applicant may produce the following documents, including, but
2137	not limited to:
2138	a.  A notice of hearing from an immigration court
2139	scheduling a hearing on any proceeding.
2140	b.  A notice from the Board of Immigration Appeals
2141	acknowledging pendency of an appeal.
2142	c.  A notice of the approval of an application for
2143	adjustment of status issued by the United States Citizenship and
2144	Immigration Services Immigration and Naturalization Service.
2145	d.  Any official documentation confirming the filing of a
2146	petition for asylum or refugee status or any other relief issued
2147	by the United States Immigration and Naturalization Service.
2148	e.  A notice of action transferring any pending matter from
2149	another jurisdiction to this state issued by the United States
2150	Citizenship and Immigration Services Immigration and
2151	Naturalization Service.
2152	f.  An order of an immigration judge or immigration officer
2153	granting any relief that authorizes the alien to live and work
2154	in the United States, including, but not limited to, asylum.
2155	g.  Evidence that an application is pending for adjustment
2156	of status to that of an alien lawfully admitted for permanent
2157	residence in the United States or conditional permanent resident
2158	status in the United States, provided that a visa number is
2159	available with a current priority date for processing by the
2160	United States Citizenship and Immigration Services.
2161
2162	Presentation of any of the documents in subparagraph 6. or
2163	subparagraph 7. entitles the applicant to a driver's license or
2164	temporary permit for a period not to exceed the expiration date
2165	of the document presented or 1 year 2 years, whichever occurs
2166	first.
2167	Section 42.   Effective July 1, 2008, paragraph (a) of
2168	subsection (5) of section 322.12, Florida Statutes, is amended
2169	to read:
2170	322.12  Examination of applicants.--
2171	(5)(a)  The department shall formulate a separate
2172	examination for applicants for licenses to operate motorcycles.
2173	Any applicant for a driver's license who wishes to operate a
2174	motorcycle, and who is otherwise qualified, must successfully
2175	complete such an examination, which is in addition to the
2176	examination administered under subsection (3). The examination
2177	must test the applicant's knowledge of the operation of a
2178	motorcycle and of any traffic laws specifically relating thereto
2179	and must include an actual demonstration of his or her ability
2180	to exercise ordinary and reasonable control in the operation of
2181	a motorcycle. Any applicant who fails to pass the initial
2182	knowledge examination will incur a $5 fee for each subsequent
2183	examination, to be deposited into the Highway Safety Operating
2184	Trust Fund. Any applicant who fails to pass the initial skills
2185	examination will incur a $10 fee for each subsequent
2186	examination, to be deposited into the Highway Safety Operating
2187	Trust Fund. In the formulation of the examination, the
2188	department shall consider the use of the Motorcycle Operator
2189	Skills Test and the Motorcycle in Traffic Test offered by the
2190	Motorcycle Safety Foundation. The department shall indicate on
2191	the license of any person who successfully completes the
2192	examination that the licensee is authorized to operate a
2193	motorcycle. If the applicant wishes to be licensed to operate a
2194	motorcycle only, he or she need not take the skill or road test
2195	required under subsection (3) for the operation of a motor
2196	vehicle, and the department shall indicate such a limitation on
2197	his or her license as a restriction. Every first-time applicant
2198	for licensure to operate a motorcycle who is under 21 years of
2199	age must provide proof of completion of a motorcycle safety
2200	course, as provided for in s. 322.0255, before the applicant may
2201	be licensed to operate a motorcycle.
2202	Section 43.  Subsection (8) of section 322.121, Florida
2203	Statutes, is amended to read:
2204	322.121  Periodic reexamination of all drivers.--
2205	(8)  In addition to any other examination authorized by
2206	this section, an applicant for a renewal of an endorsement
2207	issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) may
2208	be required to complete successfully an examination of his or
2209	her knowledge regarding state and federal rules, regulations,
2210	and laws, governing the type of vehicle that which he or she is
2211	seeking an endorsement to operate.
2212	Section 44.  Subsections (1) through (5), paragraphs (a)
2213	and (b) of subsection (6), subsections (7) and (8), paragraph
2214	(b) of subsection (10), and subsections (13) and (14) of section
2215	322.2615, Florida Statutes, are amended to read:
2216	322.2615  Suspension of license; right to review.--
2217	(1)(a)  A law enforcement officer or correctional officer
2218	shall, on behalf of the department, suspend the driving
2219	privilege of a person who is driving or in actual physical
2220	control of a motor vehicle with an has been arrested by a law
2221	enforcement officer for a violation of s. 316.193, relating to
2222	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2223	higher, or of a person who has refused to submit to a breath,
2224	urine, or blood test or a test of his or her breath-alcohol or
2225	blood-alcohol level authorized by s. 316.1932. The officer shall
2226	take the person's driver's license and issue the person a 10-day
2227	temporary permit if the person is otherwise eligible for the
2228	driving privilege and shall issue the person a notice of
2229	suspension. If a blood test has been administered, the results
2230	of which are not available to the officer or at the time of the
2231	arrest, the agency employing the officer shall transmit the such
2232	results to the department within 5 days after receipt of the
2233	results. If the department then determines that the person was
2234	arrested for a violation of s. 316.193 and that the person had a
2235	blood-alcohol level or breath-alcohol level of 0.08 or higher,
2236	the department shall suspend the person's driver's license
2237	pursuant to subsection (3).
2238	(b)  The suspension under paragraph (a) shall be pursuant
2239	to, and the notice of suspension shall inform the driver of, the
2240	following:
2241	1.a.  The driver refused to submit to a lawful breath,
2242	blood, or urine test and his or her driving privilege is
2243	suspended for a period of 1 year for a first refusal or for a
2244	period of 18 months if his or her driving privilege has been
2245	previously suspended as a result of a refusal to submit to such
2246	a test; or
2247	b.  The driver was driving or in actual physical control of
2248	a motor vehicle violated s. 316.193 by driving with an unlawful
2249	blood-alcohol level or breath-alcohol level of 0.08 or higher as
2250	provided in that section and his or her driving privilege is
2251	suspended for a period of 6 months for a first offense or for a
2252	period of 1 year if his or her driving privilege has been
2253	previously suspended under this section for a violation of s.
2254	316.193.
2255	2.  The suspension period shall commence on the date of
2256	arrest or issuance of the notice of suspension, whichever is
2257	later.
2258	3.  The driver may request a formal or informal review of
2259	the suspension by the department within 10 days after the date
2260	of arrest or issuance of the notice of suspension, whichever is
2261	later.
2262	4.  The temporary permit issued at the time of suspension
2263	arrest will expire at midnight of the 10th day following the
2264	date of arrest or issuance of the notice of suspension,
2265	whichever is later.
2266	5.  The driver may submit to the department any materials
2267	relevant to the suspension arrest.
2268	(2)  Except as provided in paragraph (1)(a), the law
2269	enforcement officer shall forward to the department, within 5
2270	days after issuing the date of the arrest, a copy of the notice
2271	of suspension, the person's driver's license and of the person
2272	arrested, and a report of the arrest, including an affidavit
2273	stating the officer's grounds for belief that the person was
2274	driving or in actual physical control of a motor vehicle while
2275	under the influence of alcoholic beverages or chemical or
2276	controlled substances arrested was in violation of s. 316.193;
2277	the results of any breath or blood test or an affidavit stating
2278	that a breath, blood, or urine test was requested by a law
2279	enforcement officer or correctional officer and that the person
2280	arrested refused to submit; a copy of the citation issued to the
2281	person arrested; and the officer's description of the person's
2282	field sobriety test, if any; a copy of the crash report, if any;
2283	and the notice of suspension. The failure of the officer to
2284	submit materials within the 5-day period specified in this
2285	subsection and in subsection (1) shall not affect the
2286	department's ability to consider any evidence submitted at or
2287	prior to the hearing. The officer may also submit a copy of a
2288	videotape of the field sobriety test or the attempt to
2289	administer such test. Materials submitted to the department by a
2290	law enforcement agency or correctional agency shall be
2291	considered self-authenticating and shall be in the record for
2292	consideration by the hearing officer. Notwithstanding s.
2293	316.066(4), the crash report shall be considered by the hearing
2294	officer.
2295	(3)  If the department determines that the license of the
2296	person arrested should be suspended pursuant to this section and
2297	if the notice of suspension has not already been served upon the
2298	person by a law enforcement officer or correctional officer as
2299	provided in subsection (1), the department shall issue a notice
2300	of suspension and, unless the notice is mailed pursuant to s.
2301	322.251, a temporary permit that which expires 10 days after the
2302	date of issuance if the driver is otherwise eligible.
2303	(4)  If the person whose license is suspended arrested
2304	requests an informal review pursuant to subparagraph (1)(b)3.,
2305	the department shall conduct the informal review by a hearing
2306	officer employed by the department. Such informal review hearing
2307	shall consist solely of an examination by the department of the
2308	materials submitted by a law enforcement officer or correctional
2309	officer and by the person whose license is suspended arrested,
2310	and the presence of an officer or witness is not required.
2311	(5)  After completion of the informal review, notice of the
2312	department's decision sustaining, amending, or invalidating the
2313	suspension of the person's driver's license of the person
2314	arrested must be provided to such person. Such notice must be
2315	mailed to the person at the last known address shown on the
2316	department's records, or to the address provided in the law
2317	enforcement officer's report if such address differs from the
2318	address of record, within 21 days after the expiration of the
2319	temporary permit issued pursuant to subsection (1) or subsection
2320	(3).
2321	(6)(a)  If the person whose license is suspended arrested
2322	requests a formal review, the department must schedule a hearing
2323	to be held within 30 days after such request is received by the
2324	department and must notify the person of the date, time, and
2325	place of the hearing.
2326	(b)  Such formal review hearing shall be held before a
2327	hearing officer employed by the department, and the hearing
2328	officer shall be authorized to administer oaths, examine
2329	witnesses and take testimony, receive relevant evidence, issue
2330	subpoenas for the officers and witnesses identified in documents
2331	provided in subsection (2), regulate the course and conduct of
2332	the hearing, question witnesses, and make a ruling on the
2333	suspension. The department and the person arrested may subpoena
2334	witnesses, and the party requesting the presence of a witness
2335	shall be responsible for the payment of any witness fees and for
2336	notifying in writing the state attorney's office in the
2337	appropriate circuit of the issuance of the subpoena. If the
2338	person who requests a formal review hearing fails to appear and
2339	the hearing officer finds such failure to be without just cause,
2340	the right to a formal hearing is waived and the suspension shall
2341	be sustained.
2342	(7)  In a formal review hearing under subsection (6) or an
2343	informal review hearing under subsection (4), the hearing
2344	officer shall determine by a preponderance of the evidence
2345	whether sufficient cause exists to sustain, amend, or invalidate
2346	the suspension. The scope of the review shall be limited to the
2347	following issues:
2348	(a)  If the license was suspended for driving with an
2349	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2350	higher in violation of s. 316.193:
2351	1.  Whether the arresting law enforcement officer had
2352	probable cause to believe that the person whose license is
2353	suspended was driving or in actual physical control of a motor
2354	vehicle in this state while under the influence of alcoholic
2355	beverages or chemical or controlled substances.
2356	2.  Whether the person was placed under lawful arrest for a
2357	violation of s. 316.193.
2358	2.3.  Whether the person whose license is suspended had an
2359	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2360	higher as provided in s. 316.193.
2361	(b)  If the license was suspended for refusal to submit to
2362	a breath, blood, or urine test:
2363	1.  Whether the arresting law enforcement officer had
2364	probable cause to believe that the person whose license is
2365	suspended was driving or in actual physical control of a motor
2366	vehicle in this state while under the influence of alcoholic
2367	beverages or chemical or controlled substances.
2368	2.  Whether the person was placed under lawful arrest for a
2369	violation of s. 316.193.
2370	2.3.  Whether the person whose license is suspended refused
2371	to submit to any such test after being requested to do so by a
2372	law enforcement officer or correctional officer.
2373	3.4.  Whether the person whose license is suspended was
2374	told that if he or she refused to submit to such test his or her
2375	privilege to operate a motor vehicle would be suspended for a
2376	period of 1 year or, in the case of a second or subsequent
2377	refusal, for a period of 18 months.
2378	(8)  Based on the determination of the hearing officer
2379	pursuant to subsection (7) for both informal hearings under
2380	subsection (4) and formal hearings under subsection (6), the
2381	department shall:
2382	(a)  Sustain the suspension of the person's driving
2383	privilege for a period of 1 year for a first refusal, or for a
2384	period of 18 months if the driving privilege of such person has
2385	been previously suspended as a result of a refusal to submit to
2386	such tests, if the arrested person refused to submit to a lawful
2387	breath, blood, or urine test. The suspension period commences on
2388	the date of the arrest or issuance of the notice of suspension,
2389	whichever is later.
2390	(b)  Sustain the suspension of the person's driving
2391	privilege for a period of 6 months for a blood-alcohol level or
2392	breath-alcohol level of 0.08 or higher violation of s. 316.193,
2393	or for a period of 1 year if the driving privilege of such
2394	person has been previously suspended under this section as a
2395	result of driving with an unlawful blood-alcohol level or
2396	breath-alcohol level a violation of s. 316.193. The suspension
2397	period commences on the date of the arrest or issuance of the
2398	notice of suspension, whichever is later.
2399	(10)  A person whose driver's license is suspended under
2400	subsection (1) or subsection (3) may apply for issuance of a
2401	license for business or employment purposes only if the person
2402	is otherwise eligible for the driving privilege pursuant to s.
2403	322.271.
2404	(b)  If the suspension of the person's driver's license of
2405	the person arrested for a violation of s. 316.193, relating to
2406	an unlawful blood-alcohol level or breath-alcohol level of 0.08
2407	or higher, is sustained, the person is not eligible to receive a
2408	license for business or employment purposes only pursuant to s.
2409	322.271 until 30 days have elapsed after the expiration of the
2410	last temporary permit issued. If the driver is not issued a 10-
2411	day permit pursuant to this section or s. 322.64 because he or
2412	she is ineligible for the permit and the suspension for a
2413	violation of s. 316.193, relating to an unlawful blood-alcohol
2414	level or breath-alcohol level of 0.08 or higher, is not
2415	invalidated by the department, the driver is not eligible to
2416	receive a business or employment license pursuant to s. 322.271
2417	until 30 days have elapsed from the date of the suspension
2418	arrest.
2419	(13)  A person may appeal any decision of the department
2420	sustaining a suspension of his or her driver's license by a
2421	petition for writ of certiorari to the circuit court in the
2422	county wherein such person resides or wherein a formal or
2423	informal review was conducted pursuant to s. 322.31. However, an
2424	appeal shall not stay the suspension. A law enforcement agency
2425	may appeal any decision of the department invalidating a
2426	suspension by a petition for writ of certiorari to the circuit
2427	court in the county where a formal or informal review was
2428	conducted. This subsection shall not be construed to provide for
2429	a de novo appeal.
2430	(14)(a)  The decision of the department under this section
2431	or any circuit court review thereof may not be considered in any
2432	trial for a violation of s. 316.193, and a written statement
2433	submitted by a person in his or her request for departmental
2434	review under this section may not be admitted into evidence
2435	against him or her in any such trial.
2436	(b)  The disposition of any related criminal proceedings
2437	does not affect a suspension for refusal to submit to a blood,
2438	breath, or urine test, authorized by s. 316.1932 or s. 316.1933,
2439	imposed under this section.
2440	Section 45.  Paragraph (d) of subsection (3) of section
2441	322.27, Florida Statutes, is amended, and paragraph (j) is added
2442	to that subsection, to read:
2443	322.27  Authority of department to suspend or revoke
2444	license.--
2445	(3)  There is established a point system for evaluation of
2446	convictions of violations of motor vehicle laws or ordinances,
2447	and violations of applicable provisions of s. 403.413(6)(b) when
2448	such violations involve the use of motor vehicles, for the
2449	determination of the continuing qualification of any person to
2450	operate a motor vehicle. The department is authorized to suspend
2451	the license of any person upon showing of its records or other
2452	good and sufficient evidence that the licensee has been
2453	convicted of violation of motor vehicle laws or ordinances, or
2454	applicable provisions of s. 403.413(6)(b), amounting to 12 or
2455	more points as determined by the point system. The suspension
2456	shall be for a period of not more than 1 year.
2457	(d)  The point system shall have as its basic element a
2458	graduated scale of points assigning relative values to
2459	convictions of the following violations:
2460	1.  Reckless driving, willful and wanton--4 points.
2461	2.  Leaving the scene of a crash resulting in property
2462	damage of more than $50--6 points.
2463	3.  Unlawful speed resulting in a crash--6 points.
2464	4.  Passing a stopped school bus--4 points.
2465	5.  Unlawful speed:
2466	a.  Not in excess of 15 miles per hour of lawful or posted
2467	speed--3 points.
2468	b.  In excess of 15 miles per hour but not in excess of 30
2469	miles per hour of lawful or posted speed--4 points.
2470	c.  In excess of 30 miles per hour of lawful or posted
2471	speed--6 points.
2472	6.a.  A violation of a traffic control signal device as
2473	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
2474	b.  A violation of a traffic control signal device as
2475	provided in s. 316.074(1) or s. 316.075(1)(c)1. resulting in a
2476	crash--6 points.
2477	7.  All other moving violations (including parking on a
2478	highway outside the limits of a municipality)--3 points.
2479	However, no points shall be imposed for a violation of s.
2480	316.0741 or s. 316.2065(12).
2481	8.  Any moving violation covered above, excluding unlawful
2482	speed, resulting in a crash--4 points.
2483	9.  Any conviction under s. 403.413(6)(b)--3 points.
2484	10.  Any conviction under s. 316.0775(2)--4 points.
2485	(j)  For purposes of sub-subparagraph (d)5.c., the term
2486	"conviction" means a finding of guilt, with or without
2487	adjudication of guilt, as a result of a jury verdict, nonjury
2488	trial, or entry of a plea of guilty or nolo contendere,
2489	notwithstanding s. 318.14(11).
2490	Section 46.  Effective upon this act becoming a law,
2491	paragraph (a) of subsection (8) of section 320.08056, Florida
2492	Statutes, is amended to read:
2493	320.08056  Specialty license plates.--
2494	(8)(a)  The department must discontinue the issuance of an
2495	approved specialty license plate if the number of valid
2496	specialty plate registrations falls below 1,000 plates for at
2497	least 12 consecutive months. A warning letter shall be mailed to
2498	the sponsoring organization following the first month in which
2499	the total number of valid specialty plate registrations is below
2500	1,000 plates. This paragraph does not apply to collegiate
2501	license plates established under s. 320.08058(3).
2502	Section 47.  Subsection (3) of section 316.172, Florida
2503	Statutes, is renumbered as subsection (4), and a new subsection
2504	(3) is added to that section to read:
2505	316.172  Traffic to stop for school bus.--
2506	(3)  When a school bus is stopped with warning lights
2507	displayed and is discharging or loading passengers, the area of
2508	highway 500 linear feet in front of the bus and 500 linear feet
2509	behind the bus shall be considered a school bus stop zone. A
2510	person may not drive a vehicle on a roadway considered a school
2511	bus stop zone at a speed greater than that posted for that
2512	location. Violation of the speed limit within the school bus
2513	stop zone must be cited as a moving violation, punishable as
2514	provided in chapter 318.
2515	Section 48.  Paragraph (c) of subsection (3) of section
2516	318.18, Florida Statutes, is amended to read:
2517	318.18  Amount of civil penalties.--The penalties required
2518	for a noncriminal disposition pursuant to s. 318.14 are as
2519	follows:
2520	(3)
2521	(c)  Notwithstanding paragraph (b), a person cited for
2522	exceeding the speed limit by up to 5 m.p.h. in a legally posted
2523	school zone or school bus stop zone will be fined $50. A person
2524	exceeding the speed limit in a school zone or school bus stop
2525	zone shall pay a fine double the amount listed in paragraph (b).
2526	Section 49.  This act may be cited as the "Mann Family
2527	Memorial Highway Safety Act."
2528	Section 50.  Paragraph (b) of subsection (2) and paragraph
2529	(b) of subsection (3) of section 316.006, Florida Statutes, are
2530	amended to read:
2531	316.006  Jurisdiction.--Jurisdiction to control traffic is
2532	vested as follows:
2533	(2)  MUNICIPALITIES.--
2534	(b)  A municipality may exercise jurisdiction over any
2535	private road or roads, or over any limited access road or roads
2536	owned or controlled by a special district, located within its
2537	boundaries if the municipality and party or parties owning or
2538	controlling such road or roads provide, by written agreement
2539	approved by the governing body of the municipality, for
2540	municipal traffic control jurisdiction over the road or roads
2541	encompassed by such agreement. Pursuant thereto:
2542	1.  Provision for reimbursement for actual costs of traffic
2543	control and enforcement and for liability insurance and
2544	indemnification by the party or parties, and such other terms as
2545	are mutually agreeable, may be included in such an agreement.
2546	2.  The exercise of jurisdiction provided for herein shall
2547	be in addition to jurisdictional authority presently exercised
2548	by municipalities under law, and nothing in this paragraph shall
2549	be construed to limit or remove any such jurisdictional
2550	authority. Such jurisdiction includes regulation of access to
2551	such road or roads by security devices or personnel.
2552	3.  Any such agreement may provide for the installation of
2553	multiparty stop signs by the parties controlling the roads
2554	covered by the agreement if a determination is made by such
2555	parties that the signage will enhance traffic safety. Multiparty
2556	stop signs must conform to the manual and specifications of the
2557	Department of Transportation; however, minimum traffic volumes
2558	may not be required for the installation of such signage.
2559	Enforcement for the signs shall be as provided in s. 316.123.
2560	4.  The board of directors of a homeowners' association as
2561	defined in chapter 720 may, by majority vote, elect to have
2562	state traffic laws enforced by local law enforcement agencies on
2563	private roads that are controlled by the association.
2564	(3)  COUNTIES.--
2565	(b)  A county may exercise jurisdiction over any private
2566	road or roads, or over any limited access road or roads owned or
2567	controlled by a special district, located in the unincorporated
2568	area within its boundaries if the county and party or parties
2569	owning or controlling such road or roads provide, by written
2570	agreement approved by the governing body of the county, for
2571	county traffic control jurisdiction over the road or roads
2572	encompassed by such agreement.  Pursuant thereto:
2573	1.  Provision for reimbursement for actual costs of traffic
2574	control and enforcement and for liability insurance and
2575	indemnification by the party or parties, and such other terms as
2576	are mutually agreeable, may be included in such an agreement.
2577	2.  Prior to entering into an agreement which provides for
2578	enforcement of the traffic laws of the state over a private road
2579	or roads, or over any limited access road or roads owned or
2580	controlled by a special district, the governing body of the
2581	county shall consult with the sheriff. No such agreement shall
2582	take effect prior to October 1, the beginning of the county
2583	fiscal year, unless this requirement is waived in writing by the
2584	sheriff.
2585	3.  The exercise of jurisdiction provided for herein shall
2586	be in addition to jurisdictional authority presently exercised
2587	by counties under law, and nothing in this paragraph shall be
2588	construed to limit or remove any such jurisdictional authority.
2589	4.  Any such agreement may provide for the installation of
2590	multiparty stop signs by the parties controlling the roads
2591	covered by the agreement if a determination is made by such
2592	parties that the signage will enhance traffic safety. Multiparty
2593	stop signs must conform to the manual and specifications of the
2594	Department of Transportation; however, minimum traffic volumes
2595	may not be required for the installation of such signage.
2596	Enforcement for the signs shall be as provided in s. 316.123.
2597	5.  The board of directors of a homeowners' association as
2598	defined in chapter 720 may, by majority vote, elect to have
2599	state traffic laws enforced by local law enforcement agencies on
2600	private roads that are controlled by the association.
2601	Section 51.  Section 318.1215, Florida Statutes, is amended
2602	to read:
2603	318.1215  Dori Slosberg Driver Education Safety
2604	Act.--Effective October 1, 2002, Notwithstanding the provisions
2605	of s. 318.121, a board of county commissioners may require, by
2606	ordinance, that the clerk of the court collect an additional $5
2607	$3 with each civil traffic penalty, which shall be used to fund
2608	driver education programs in public and nonpublic schools. The
2609	ordinance shall provide for the board of county commissioners to
2610	administer the funds, which shall be used for enhancement, and
2611	not replacement, of driver education program funds. The funds
2612	shall be used for direct educational expenses and shall not be
2613	used for administration. Each driver education program receiving
2614	funds pursuant to this section shall require that a minimum of
2615	30 percent of a student's time in the program be behind-the-
2616	wheel training. This section may be cited as the "Dori Slosberg
2617	Driver Education Safety Act."
2618	Section 52.  Subsection (2) of section 318.15, Florida
2619	Statutes, is amended to read:
2620	318.15  Failure to comply with civil penalty or to appear;
2621	penalty.--
2622	(2)  After suspension of the driver's license and privilege
2623	to drive of a person under subsection (1), the license and
2624	privilege may not be reinstated until the person complies with
2625	all obligations and penalties imposed on him or her under s.
2626	318.18 and presents to a driver license office a certificate of
2627	compliance issued by the court, together with a nonrefundable
2628	service charge of up to $47.50 imposed under s. 322.29, or
2629	presents a certificate of compliance and pays the aforementioned
2630	service charge of up to $47.50 to the clerk of the court or a
2631	driver licensing agent authorized in s. 322.135 tax collector
2632	clearing such suspension. Of the charge collected by the clerk
2633	of the court or driver licensing agent the tax collector, $10
2634	shall be remitted to the Department of Revenue to be deposited
2635	into the Highway Safety Operating Trust Fund. Such person shall
2636	also be in compliance with requirements of chapter 322 prior to
2637	reinstatement.
2638	Section 53.  Effective July 1, 2006, paragraph (a) of
2639	subsection (8) of section 320.08056, Florida Statutes, is
2640	amended to read:
2641	320.08056  Specialty license plates.--
2642	(8)(a)  The department must discontinue the issuance of an
2643	approved specialty license plate if the number of valid
2644	specialty plate registrations falls below 1,000 plates for at
2645	least 12 consecutive months. A warning letter shall be mailed to
2646	the sponsoring organization following the first month in which
2647	the total number of valid specialty plate registrations is below
2648	1,000 plates. This paragraph does not apply to collegiate
2649	license plates established under s. 320.08058(3).
2650	Section 54.  Subsection (1) of section 627.733, Florida
2651	Statutes, is amended to read:
2652	627.733  Required security.--
2653	(1)(a)  Every owner or registrant of a motor vehicle, other
2654	than a motor vehicle used as a taxicab, school bus as defined in
2655	s. 1006.25, or limousine, required to be registered and licensed
2656	in this state shall maintain security as required by subsection
2657	(3) in effect continuously throughout the registration or
2658	licensing period.
2659	(b)  Every owner or registrant of a motor vehicle used as a
2660	taxicab shall not be governed by paragraph (1)(a) but shall
2661	maintain security as required under s. 324.032(1), and s.
2662	627.737 shall not apply to any motor vehicle used as a taxicab.
2663	Section 55.  Subsection (1) of section 324.032, Florida
2664	Statutes, is amended to read:
2665	324.032  Manner of proving financial responsibility; for-
2666	hire passenger transportation vehicles.--Notwithstanding the
2667	provisions of s. 324.031:
2668	(1)(a)  A person who is either the owner or a lessee
2669	required to maintain insurance under s. 627.733(1)(b) s.
2670	324.021(9)(b) and who operates one or more taxicabs, limousines,
2671	jitneys, or any other for-hire passenger transportation vehicles
2672	may prove financial responsibility by furnishing satisfactory
2673	evidence of holding a motor vehicle liability policy as defined
2674	in s. 324.031, but with minimum limits of
2675	$125,000/250,000/50,000.
2676	(b)  A person who is either the owner or a lessee required
2677	to maintain insurance under s. 324.021(9)(b) and who operates
2678	limousines, jitneys, or any other for-hire passenger vehicles,
2679	other than taxicabs, may prove financial responsibility by
2680	furnishing satisfactory evidence of holding a motor vehicle
2681	liability policy as defined in s. 324.031.
2682
2683	Upon request by the department, the applicant must provide the
2684	department at the applicant's principal place of business in
2685	this state access to the applicant's underlying financial
2686	information and financial statements that provide the basis of
2687	the certified public accountant's certification. The applicant
2688	shall reimburse the requesting department for all reasonable
2689	costs incurred by it in reviewing the supporting information.
2690	The maximum amount of self-insurance permissible under this
2691	subsection is $300,000 and must be stated on a per-occurrence
2692	basis, and the applicant shall maintain adequate excess
2693	insurance issued by an authorized or eligible insurer licensed
2694	or approved by the Office of Insurance Regulation. All risks
2695	self-insured shall remain with the owner or lessee providing it,
2696	and the risks are not transferable to any other person, unless a
2697	policy complying with subsection (1) is obtained.
2698	Section 56.  (1)  The Department of Highway Safety and
2699	Motor Vehicles shall study the outsourcing of its driver license
2700	services and shall make recommendations to the Governor, the
2701	President of the Senate, and the Speaker of the House of
2702	Representatives by January 1, 2007. As used in this section, the
2703	term "outsourcing" means the process of contracting with an
2704	external service provider or other governmental agency to
2705	provide a service, in whole or in part, while the department
2706	retains the responsibility and accountability for the service.
2707	(2)  As part of its study, the department shall provide a
2708	description of the services to be outsourced. Types of issues
2709	for the department to consider must include, but need not be
2710	limited to:
2711	(a)  A detailed description of the service to be outsourced
2712	and a description and analysis of the department's current
2713	performance of the service.
2714	(b)  A cost-benefit analysis describing the estimated
2715	specific direct and indirect costs or savings; performance
2716	improvements, including reduced wait times at driver license
2717	offices; risks; and qualitative and quantitative benefits
2718	involved in or resulting from outsourcing the service. The cost-
2719	benefit analysis must include a detailed plan and timeline
2720	identifying all actions that must be implemented to realize the
2721	expected benefits.
2722	(c)  A statement of the potential effect on applicable
2723	federal, state, and local revenues and expenditures. The
2724	statement must specifically describe the effect on general
2725	revenue, trust funds, general revenue service charges, and
2726	interest on trust funds, together with the potential direct or
2727	indirect effect on federal funding and cost allocations.
2728	(d)  A plan to ensure compliance with public records law.
2729	(e)  A transition and implementation plan for addressing
2730	changes in the number of department personnel, affected business
2731	processes, and employee-transition issues. Such a plan must also
2732	specify the mechanism for continuing the operation of the
2733	service if the contractor fails to perform or comply with the
2734	performance standards and provisions of the contract. Within
2735	this plan, the department shall identify all resources,
2736	including full-time equivalent positions, that are subject to
2737	outsourcing.
2738	Section 57.  Paragraph (b) of subsection (1) of section
2739	206.606, Florida Statutes, is amended to read:
2740	206.606  Distribution of certain proceeds.--
2741	(1)  Moneys collected pursuant to ss. 206.41(1)(g) and
2742	206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
2743	Fund. Such moneys, after deducting the service charges imposed
2744	by s. 215.20, the refunds granted pursuant to s. 206.41, and the
2745	administrative costs incurred by the department in collecting,
2746	administering, enforcing, and distributing the tax, which
2747	administrative costs may not exceed 2 percent of collections,
2748	shall be distributed monthly to the State Transportation Trust
2749	Fund, except that:
2750	(b)  $2.5 million shall be transferred to the State Game
2751	Trust Fund in the Fish and Wildlife Conservation Commission in
2752	each fiscal year and used for recreational boating activities,
2753	and freshwater fisheries management and research. The transfers
2754	must be made in equal monthly amounts beginning on July 1 of
2755	each fiscal year. The commission shall annually determine where
2756	unmet needs exist for boating-related activities, and may fund
2757	such activities in counties where, due to the number of vessel
2758	registrations, sufficient financial resources are unavailable.
2759	1.  A minimum of $1.25 million shall be used to fund local
2760	projects to provide recreational channel marking and other
2761	uniform waterway markers, public boat ramps, lifts, and hoists,
2762	marine railways, and other public launching facilities, derelict
2763	vessel removal aquatic plant control, and other local boating
2764	related activities. In funding the projects, the commission
2765	shall give priority consideration as follows:
2766	a.  Unmet needs in counties with populations of 100,000 or
2767	less.
2768	b.  Unmet needs in coastal counties with a high level of
2769	boating related activities from individuals residing in other
2770	counties.
2771	2.  The remaining $1.25 million may be used for
2772	recreational boating activities and freshwater fisheries
2773	management and research.
2774	3.  The commission is authorized to adopt rules pursuant to
2775	ss. 120.536(1) and 120.54 to implement a Florida Boating
2776	Improvement Program similar to the program administered by the
2777	Department of Environmental Protection and established in rules
2778	62D-5.031 - 62D-5.036, Florida Administrative Code, to determine
2779	projects eligible for funding under this subsection.
2780
2781	On February 1 of each year, the commission shall file an annual
2782	report with the President of the Senate and the Speaker of the
2783	House of Representatives outlining the status of its Florida
2784	Boating Improvement Program, including the projects funded, and
2785	a list of counties whose needs are unmet due to insufficient
2786	financial resources from vessel registration fees.
2787	Section 58.  Section 327.59, Florida Statutes, is amended
2788	to read:
2789	327.59  Marina evacuations.--
2790	(1)  After June 1, 1994, marinas may not adopt, maintain,
2791	or enforce policies pertaining to evacuation of vessels which
2792	require vessels to be removed from marinas following the
2793	issuance of a hurricane watch or warning, in order to ensure
2794	that protecting the lives and safety of vessel owners is placed
2795	before interests of protecting property.
2796	(2)  Nothing in this section may be construed to restrict
2797	the ability of an owner of a vessel or the owner's authorized
2798	representative to remove a vessel voluntarily from a marina at
2799	any time or to restrict a marina owner from dictating the kind
2800	of cleats, ropes, fenders, and other measures that must be used
2801	on vessels as a condition of use of a marina. After a tropical
2802	storm or hurricane watch has been issued, a marina owner or
2803	operator, or an employee or agent of such owner or operator, may
2804	take reasonable actions to further secure any vessel within the
2805	marina to minimize damage to a vessel and to protect marina
2806	property, private property, and the environment and may charge a
2807	reasonable fee for such services.
2808	(3)  Notwithstanding any other provisions of this section,
2809	in order to minimize damage to a vessel and to protect marina
2810	property, private property, and the environment, a marina owner
2811	may provide by contract that in the event a vessel owner fails
2812	to promptly remove a vessel from a marina after a tropical storm
2813	or hurricane watch has been issued, the marina owner, operator,
2814	employee, or agent may remove the vessel, if reasonable, from
2815	its slip or take whatever reasonable actions are deemed
2816	necessary to properly secure a vessel to minimize damage to a
2817	vessel and to protect marina property, private property, and the
2818	environment and may charge the vessel owner a reasonable fee for
2819	any such services rendered. In order to add such a provision to
2820	a contract, the marina owner must provide notice to the vessel
2821	owner in any such contract in a font size of at least 10 points
2822	and in substantially the following form:
2823
2824	NOTICE TO VESSEL OWNER
2825
2826	The undersigned hereby informs you that in the event you fail to
2827	remove your vessel from the marina promptly (timeframe to be
2828	determined between the marina owner or operator and the vessel
2829	owner) after the issuance of a tropical storm or hurricane watch
2830	for (insert geographic area), Florida, under Florida law, the
2831	undersigned or his or her employees or agents are authorized to
2832	remove your vessel, if reasonable, from its slip or take any and
2833	all other reasonable actions deemed appropriate by the
2834	undersigned or his or her employees or agents in order to better
2835	secure your vessel and to protect marina property, private
2836	property, and the environment. You are further notified that you
2837	may be charged a reasonable fee for any such action.
2838	(4)  A marina owner, operator, employee, or agent shall not
2839	be held liable for any damage incurred to a vessel from storms
2840	or hurricanes and is held harmless as a result of such actions.
2841	Nothing in this section may be construed to provide immunity to
2842	a marina operator, employee, or agent for any damage caused by
2843	intentional acts or negligence when removing or securing a
2844	vessel as permitted under this section.
2845	Section 59.  Subsection (2) of section 327.60, Florida
2846	Statutes, is amended to read:
2847	327.60  Local regulations; limitations.--
2848	(2)  Nothing contained in the provisions of this section
2849	shall be construed to prohibit local governmental authorities
2850	from the enactment or enforcement of regulations which prohibit
2851	or restrict the mooring or anchoring of floating structures or
2852	live-aboard vessels within their jurisdictions or of any vessels
2853	within the marked boundaries of mooring fields permitted as
2854	provided in s. 327.40. However, local governmental authorities
2855	are prohibited from regulating the anchoring outside of such
2856	mooring fields anchorage of non-live-aboard vessels engaged in
2857	the exercise of rights of navigation.
2858	Section 60.  Section 328.64, Florida Statutes, is amended
2859	to read:
2860	328.64  Change of interest and address.--
2861	(1)  The owner shall furnish the Department of Highway
2862	Safety and Motor Vehicles notice of the transfer of all or any
2863	part of his or her interest in a vessel registered or titled in
2864	this state pursuant to this chapter or chapter 328 or of the
2865	destruction or abandonment of such vessel, within 30 days
2866	thereof, on a form prescribed by the department. Such transfer,
2867	destruction, or abandonment shall terminate the certificate for
2868	such vessel, except that in the case of a transfer of a part
2869	interest which does not affect the owner's right to operate such
2870	vessel, such transfer shall not terminate the certificate. The
2871	department shall provide the form for such notice and shall
2872	attach the form to every vessel title issued or reissued.
2873	(2)  Any holder of a certificate of registration shall
2874	notify the Department of Highway Safety and Motor Vehicles or
2875	the county tax collector within 30 days, if his or her address
2876	no longer conforms to the address appearing on the certificate
2877	and shall, as a part of such notification, furnish the
2878	department or such county tax collector with the new address.
2879	The department shall may provide in its rules and regulations
2880	for the surrender of the certificate bearing the former address
2881	and its replacement with a certificate bearing the new address
2882	or for the alteration of an outstanding certificate to show the
2883	new address of the holder.
2884	Section 61.  Subsection (15) of section 328.72, Florida
2885	Statutes, is amended to read:
2886	328.72  Classification; registration; fees and charges;
2887	surcharge; disposition of fees; fines; marine turtle stickers.--
2888	(15)  DISTRIBUTION OF FEES.--Except for the first $2, $1 of
2889	which shall be remitted to the state for deposit into the Save
2890	the Manatee Trust Fund created within the Fish and Wildlife
2891	Conservation Commission and $1 of which shall be remitted to the
2892	state for deposit into the Marine Resources Conservation Trust
2893	Fund to fund a grant program for public launching facilities,
2894	pursuant to s. 206.606 327.47, giving priority consideration to
2895	counties with more than 35,000 registered vessels, moneys
2896	designated for the use of the counties, as specified in
2897	subsection (1), shall be distributed by the tax collector to the
2898	board of county commissioners for use only as provided in this
2899	section. Such moneys to be returned to the counties are for the
2900	sole purposes of providing recreational channel marking and
2901	other uniform waterway markers, public boat ramps, lifts, and
2902	hoists, marine railways, and other public launching facilities,
2903	derelict vessel removal, and other boating-related activities,
2904	for removal of vessels and floating structures deemed a hazard
2905	to public safety and health for failure to comply with s.
2906	327.53, and for manatee and marine mammal protection and
2907	recovery. Counties shall that demonstrate through an annual
2908	detailed accounting report of vessel registration revenues that
2909	at least $1 of the registration fees were spent as provided in
2910	this subsection on boating infrastructure shall only be required
2911	to transfer the first $1 of the fees to the Save the Manatee
2912	Trust Fund. This report shall be provided to the Fish and
2913	Wildlife Conservation Commission no later than November 1 of
2914	each year. If, prior to January 1 of each calendar year, the
2915	annual detailed accounting report meeting the prescribed
2916	criteria has still not been provided to the commission, the tax
2917	collector of that county shall not distribute the moneys
2918	designated for the use of counties, as specified in subsection
2919	(1), to the board of county commissioners but shall, instead,
2920	for the next calendar year, remit such moneys to the state for
2921	deposit into the Marine Resources Conservation Trust Fund. The
2922	commission shall return those moneys to the county if the county
2923	fully complies with this section within that calendar year. If
2924	the county does not fully comply with this section within that
2925	calendar year, the moneys shall remain within the Marine
2926	Resources Trust Fund and may be appropriated for the purposes
2927	specified in this subsection The commission shall provide an
2928	exemption letter to the department by December 15 of each year
2929	for qualifying counties.
2930	Section 62.  Paragraph (g) of subsection (4) of section
2931	376.11, Florida Statutes, is amended to read:
2932	376.11  Florida Coastal Protection Trust Fund.--
2933	(4)  Moneys in the Florida Coastal Protection Trust Fund
2934	shall be disbursed for the following purposes and no others:
2935	(g)  The funding of a grant program to coastal local
2936	governments, pursuant to s. 376.15(2)(b) and (c), for the
2937	removal of derelict vessels from the public waters of the state.
2938	Section 63.  Section 376.15, Florida Statutes, is amended
2939	to read:
2940	376.15  Derelict vessels; removal from public waters.--
2941	(1)  It is unlawful for any person, firm, or corporation to
2942	store, leave, or abandon any derelict vessel as defined in s.
2943	823.11(1) in this state or leave any vessel in a wrecked,
2944	junked, or substantially dismantled condition or abandoned upon
2945	any public waters or at any port in this state without the
2946	consent of the agency having jurisdiction thereof or docked at
2947	any private property without the consent of the owner of the
2948	private property.
2949	(2)(a)  The Fish and Wildlife Conservation Commission and
2950	its officers and all law enforcement officers as specified in s.
2951	327.70 are is hereby designated as the agency of the state
2952	authorized and empowered to remove any derelict vessel as
2953	defined in s. 823.11(1) described in subsection (1) from public
2954	waters. All costs incurred by the commission or other law
2955	enforcement agency in the removal of any abandoned or derelict
2956	vessel shall be recoverable against the owner of the vessel. The
2957	Department of Legal Affairs shall represent the commission in
2958	such actions.
2959	(b)  The commission may establish a program to provide
2960	grants to coastal local governments for the removal of derelict
2961	vessels from the public waters of the state. The program shall
2962	be funded from the Florida Coastal Protection Trust Fund.
2963	Notwithstanding the provisions in s. 216.181(11), funds
2964	available for grants may only be authorized by appropriations
2965	acts of the Legislature.
2966	(c)  The commission shall adopt by rule procedures for
2967	submitting a grant application and criteria for allocating
2968	available funds. Such criteria shall include, but not be limited
2969	to, the following:
2970	1.  The number of derelict vessels within the jurisdiction
2971	of the applicant.
2972	2.  The threat posed by such vessels to public health or
2973	safety, the environment, navigation, or the aesthetic condition
2974	of the general vicinity.
2975	3.  The degree of commitment of the local government to
2976	maintain waters free of abandoned and derelict vessels and to
2977	seek legal action against those who abandon vessels in the
2978	waters of the state.
2979	(d)  This section shall constitute the authority of the
2980	commission for such removal, but is not intended to be in
2981	contravention of any applicable federal act.
2982	(e)  The Department of Legal Affairs shall represent the
2983	Fish and Wildlife Conservation Commission in such actions.
2984	Section 64.  Paragraph (s) of subsection (2) of section
2985	403.813, Florida Statutes, is amended to read:
2986	403.813  Permits issued at district centers; exceptions.--
2987	(2)  A permit is not required under this chapter, chapter
2988	373, chapter 61-691, Laws of Florida, or chapter 25214 or
2989	chapter 25270, 1949, Laws of Florida, for activities associated
2990	with the following types of projects; however, except as
2991	otherwise provided in this subsection, nothing in this
2992	subsection relieves an applicant from any requirement to obtain
2993	permission to use or occupy lands owned by the Board of Trustees
2994	of the Internal Improvement Trust Fund or any water management
2995	district in its governmental or proprietary capacity or from
2996	complying with applicable local pollution control programs
2997	authorized under this chapter or other requirements of county
2998	and municipal governments:
2999	(s)  The construction, installation, operation, or
3000	maintenance of floating vessel platforms or floating boat lifts,
3001	provided that such structures:
3002	1.  Float at all times in the water for the sole purpose of
3003	supporting a vessel so that the vessel is out of the water when
3004	not in use;
3005	2.  Are wholly contained within a boat slip previously
3006	permitted under ss. 403.91-403.929, 1984 Supplement to the
3007	Florida Statutes 1983, as amended, or part IV of chapter 373, or
3008	do not exceed a combined total of 500 square feet, or 200 square
3009	feet in an Outstanding Florida Water, when associated with a
3010	dock that is exempt under this subsection or associated with a
3011	permitted dock with no defined boat slip or attached to a
3012	bulkhead on a parcel of land where there is no other docking
3013	structure, do not exceed a combined total of 500 square feet, or
3014	200 square feet in an Outstanding Florida Water;
3015	3.  Are not used for any commercial purpose or for mooring
3016	vessels that remain in the water when not in use, and do not
3017	substantially impede the flow of water, create a navigational
3018	hazard, or unreasonably infringe upon the riparian rights of
3019	adjacent property owners, as defined in s. 253.141;
3020	4.  Are constructed and used so as to minimize adverse
3021	impacts to submerged lands, wetlands, shellfish areas, aquatic
3022	plant and animal species, and other biological communities,
3023	including locating such structures in areas where no seagrasses
3024	are least dense exist if such areas are present adjacent to the
3025	dock or bulkhead; and
3026	5.  Are not constructed in areas specifically prohibited
3027	for boat mooring under conditions of a permit issued in
3028	accordance with ss. 403.91-403.929, 1984 Supplement to the
3029	Florida Statutes 1983, as amended, or part IV of chapter 373, or
3030	other form of authorization issued by a local government.
3031
3032	Structures that qualify for this exemption are relieved from any
3033	requirement to obtain permission to use or occupy lands owned by
3034	the Board of Trustees of the Internal Improvement Trust Fund
3035	and, with the exception of those structures attached to a
3036	bulkhead on a parcel of land where there is no docking
3037	structure, shall not be subject to any more stringent permitting
3038	requirements, registration requirements, or other regulation by
3039	any local government. Local governments may require either
3040	permitting or one-time registration of floating vessel platforms
3041	to be attached to a bulkhead on a parcel of land where there is
3042	no other docking structure as necessary to ensure compliance
3043	with local ordinances, codes, or regulations. Local governments
3044	may require either permitting or one-time registration of all
3045	other floating vessel platforms as necessary to ensure
3046	compliance with the exemption criteria in this section; to
3047	ensure compliance with local ordinances, codes, or regulations
3048	relating to building or zoning, which are no more stringent than
3049	the exemption criteria in this section or address subjects other
3050	than subjects addressed by the exemption criteria in this
3051	section; and to ensure proper installation, maintenance, and
3052	precautionary or evacuation action following a tropical storm or
3053	hurricane watch of a floating vessel platform or floating boat
3054	lift that is proposed to be attached to a bulkhead or parcel of
3055	land where there is no other docking structure. The exemption
3056	provided in this paragraph shall be in addition to the exemption
3057	provided in paragraph (b). By January 1, 2003, The department
3058	shall adopt a general permit by rule for the construction,
3059	installation, operation, or maintenance of those floating vessel
3060	platforms or floating boat lifts that do not qualify for the
3061	exemption provided in this paragraph but do not cause
3062	significant adverse impacts to occur individually or
3063	cumulatively. The issuance of such general permit shall also
3064	constitute permission to use or occupy lands owned by the Board
3065	of Trustees of the Internal Improvement Trust Fund. Upon the
3066	adoption of the rule creating such general permit, No local
3067	government shall impose a more stringent regulation, permitting
3068	requirement, registration requirement, or other regulation
3069	covered by such general permit. Local governments may require
3070	either permitting or one-time registration of floating vessel
3071	platforms as necessary to ensure compliance with the general
3072	permit in this section; to ensure compliance with local
3073	ordinances, codes, or regulations relating to building or zoning
3074	that are no more stringent than the general permit in this
3075	section; and to ensure proper installation and maintenance of a
3076	floating vessel platform or floating boat lift that is proposed
3077	to be attached to a bulkhead or parcel of land where there is no
3078	other docking structure on floating vessel platforms or floating
3079	boat lifts covered by such general permit.
3080	Section 65.  Subsection (3) of section 705.101, Florida
3081	Statutes, is amended to read:
3082	705.101  Definitions.--As used in this chapter:
3083	(3)  "Abandoned property" means all tangible personal
3084	property that does not have an identifiable owner and that has
3085	been disposed on public property in a wrecked, inoperative, or
3086	partially dismantled condition or has no apparent intrinsic
3087	value to the rightful owner. The term includes derelict vessels
3088	as defined in s. 823.11(1) Vessels determined to be derelict by
3089	the Fish and Wildlife Conservation Commission or a county or
3090	municipality in accordance with the provisions of s. 823.11 are
3091	included within this definition.
3092	Section 66.  Subsection (4) of section 705.103, Florida
3093	Statutes, is amended to read:
3094	705.103  Procedure for abandoned or lost property.--
3095	(4)  The owner of any abandoned or lost property who, after
3096	notice as provided in this section, does not remove such
3097	property within the specified period shall be liable to the law
3098	enforcement agency for all costs of removal, storage, and
3099	destruction of such property, less any salvage value obtained by
3100	disposal of the property. Upon final disposition of the
3101	property, the law enforcement officer shall notify the owner, if
3102	known, of the amount owed. In the case of an abandoned vessel
3103	boat or motor vehicle, any person who neglects or refuses to pay
3104	such amount is not entitled to be issued a certificate of
3105	registration for such vessel boat or motor vehicle, or any other
3106	vessel boat or motor vehicle, until such costs have been paid.
3107	The law enforcement officer shall supply the Department of
3108	Highway Safety and Motor Vehicles with a list of persons whose
3109	vessel boat registration privileges or whose motor vehicle
3110	privileges have been revoked under this subsection. Neither the
3111	department nor any other person acting as agent thereof shall
3112	issue a certificate of registration to a person whose vessel
3113	boat or motor vehicle registration privileges have been revoked,
3114	as provided by this subsection, until such costs have been paid.
3115	Section 67.  Section 823.11, Florida Statutes, is amended
3116	to read:
3117	823.11  Abandoned and derelict vessels; removal; penalty.--
3118	(1)  "Derelict vessel" means any vessel, as defined in s.
3119	327.02, that is left, stored, or abandoned:
3120	(a)  In a wrecked, junked, or substantially dismantled
3121	condition upon any public waters of this state.
3122	(b)  At any port in this state without the consent of the
3123	agency having jurisdiction thereof.
3124	(c)  Docked or grounded at or beached upon the property of
3125	another without the consent of the owner of the property.
3126	(2)  It is unlawful for any person, firm, or corporation to
3127	store, leave, or abandon any derelict vessel as defined in this
3128	section in this state or leave any vessel as defined by maritime
3129	law in a wrecked, junked, or substantially dismantled condition
3130	or abandoned upon or in any public water or at any port in this
3131	state without the consent of the agency having jurisdiction
3132	thereof, or docked at any private property without the consent
3133	of the owner of such property.
3134	(3)(a)(2)  The Fish and Wildlife Conservation Commission
3135	and its officers and all law enforcement officers as specified
3136	in s. 327.70 are is designated as the agency of the state
3137	authorized and empowered to remove or cause to be removed any
3138	abandoned or derelict vessel from public waters in any instance
3139	when the same obstructs or threatens to obstruct navigation or
3140	in any way constitutes a danger to the environment. Removal of
3141	vessels pursuant to this section may be funded by grants
3142	provided in ss. 206.606 and 376.15. The Fish and Wildlife
3143	Conservation Commission is directed to implement a plan for the
3144	procurement of any available federal disaster funds and to use
3145	such funds for the removal of derelict vessels. All costs
3146	incurred by the commission or other law enforcement agency in
3147	the removal of any abandoned or derelict vessel as set out above
3148	shall be recoverable against the owner thereof. The Department
3149	of Legal Affairs shall represent the commission in such actions.
3150	As provided in s. 705.103(4), any person who neglects or refuses
3151	to pay such amount is not entitled to be issued a certificate of
3152	registration for such vessel or for any other vessel or motor
3153	vehicle until the costs have been paid.
3154	(b)  When a derelict vessel is docked or grounded at or
3155	beached upon private property without the consent of the owner
3156	of the property, the owner of the property may remove the vessel
3157	at the vessel owner's expense 60 days after compliance with the
3158	notice requirements specified in s. 328.17(5). The private
3159	property owner may not hinder reasonable efforts by the vessel
3160	owner or agent to remove the vessel. Any notice given pursuant
3161	to this paragraph shall be presumed delivered when it is
3162	deposited with the United States Postal Service, certified, and
3163	properly addressed with prepaid postage. Pursuant to an
3164	agreement with the governing body of a county or municipality,
3165	and upon a finding by the commission that the county or
3166	municipality is competent to undertake said responsibilities,
3167	the commission may delegate to the county or municipality its
3168	authority to remove or cause to be removed an abandoned or
3169	derelict vessel from public waters within the county or
3170	municipality.
3171	(4)(3)  Any person, firm, or corporation violating this act
3172	commits is guilty of a misdemeanor of the first degree and shall
3173	be punished as provided by law. Conviction under this section
3174	shall not bar the assessment and collection of the civil penalty
3175	provided in s. 376.16 for violation of s. 376.15. The court
3176	having jurisdiction over the criminal offense, notwithstanding
3177	any jurisdictional limitations on the amount in controversy, may
3178	order the imposition of such civil penalty in addition to any
3179	sentence imposed for the first criminal offense.
3180	Section 68.  For upland properties bordering on navigable
3181	waters, notwithstanding any other provision of Florida Statutes,
3182	rules, or local ordinances, riparian rights shall include the
3183	right to moor a vessel of a length that is less than the width
3184	of the property, provided the dock runs adjacent and parallel to
3185	a seawall, does not interfere with navigation as defined by
3186	International Navigational Rules Act of 1977, Public Law 95-75,
3187	91 Stat. 308, or 33 U.S.C. 1601-1608, or, the Inland Navigation
3188	Rules Act of 1980, Public Law 96-591, 94 Stat. 3415, 33 U.S.C.
3189	ss. 2001-2038, the vessel is registered in the name of the owner
3190	of the upland property, the owner of the upland property has
3191	designated the property homestead pursuant to s. 222.01, Florida
3192	Statutes, and no dredging or alteration of the submerged land is
3193	needed to accommodate the vessel.
3194	Section 69.  Except as otherwise expressly provided in this
3195	act, and except for this section, which shall take effect upon
3196	this act becoming a law, this act shall take effect October 1,
3197	2006.

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