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.; requiring that
4	a motor carrier maintain certain tax records for a
5	specified period; amending s. 207.021, F.S.; authorizing
6	the department to adopt rules to resolve disputes with
7	motor carriers involving taxes, penalties, interest, or
8	refunds; providing for an agreement with the department
9	settling or compromising a taxpayer's liability for any
10	tax, interest, or penalty; authorizing agreements for
11	scheduling payments of taxes, penalties, or interest;
12	amending s. 261.10, F.S.; providing a limitation on
13	liability in off-highway vehicle recreation; creating s.
14	261.20, F.S.; authorizing operations of off-highway
15	vehicles on public lands; providing restrictions;
16	requiring safety courses; defining prohibited acts;
17	providing penalties; amending s. 316.003, F.S.; defining
18	the term "full mount"; revising the definition of "saddle
19	mount" to provide for a full mount; amending s. 316.006,
20	F.S.; authorizing the board of directors of a homeowner's
21	association to provide for local law enforcement agencies
22	to enforce state traffic laws on private roads that are
23	controlled by the association; amending s. 316.0085, F.S.;
24	applying provisions that relate to liability with respect
25	to skateboarding, inline skating, and other recreational
26	pursuits to mountain and off-road bicycling as well;
27	requiring demonstration that consent by a parent or legal
28	guardian was provided to a governmental entity in
29	specified circumstances; amending s. 316.1001, F.S.;
30	exempting the owner of a leased vehicle from
31	responsibility for a failure to pay a toll violation under
32	certain circumstances; amending s. 316.192, F.S.; adding
33	to the definition of acts that constitute reckless
34	driving; specifying certain acts that constitute reckless
35	driving per se; amending s. 316.1955, F.S.; exempting the
36	owner of a leased vehicle from responsibility for a
37	violation of certain disabled parking violations in
38	specific circumstances; amending s. 316.2015, F.S.;
39	deleting an exception to a prohibition against persons
40	riding on the exterior of a passenger vehicle; revising
41	exceptions to a prohibition against persons riding on any
42	vehicle on an area of the vehicle not designed or intended
43	for the use of passengers; prohibiting an operator from
44	allowing certain minors to ride within the open body of a
45	pickup truck or flatbed truck on limited access
46	facilities; providing exceptions; providing penalties;
47	providing for counties to be exempted from the section;
48	amending s. 316.2095, F.S.; deleting a requirement that
49	certain motorcycles be equipped with passenger handholds;
50	amending s. 316.211, F.S.; requiring a unique license
51	plate for a motorcycle registered to a person younger than
52	a specified age; creating s. 316.2123, F.S.; providing for
53	all-terrain vehicle operation under certain conditions;
54	requiring the operator to provide proof of ownership to a
55	law enforcement officer; providing for counties to be
56	exempted from the act; amending s. 316.2125, F.S.;
57	granting local jurisdictions the authority to enact
58	ordinances governing the use of golf carts within a
59	retirement community which are more restrictive than state
60	law; creating s. 316.2128, F.S.; providing requirements
61	for the commercial sale of motorized scooters and
62	miniature motorcycles; providing that a violation of the
63	commercial sales requirements is an unfair and deceptive
64	trade practice; amending s. 316.221, F.S.; exempting dump
65	trucks and similar vehicles from the requirement that the
66	rear registration plate be illuminated; amending s.
67	316.302, F.S.; updating references to federal commercial
68	motor vehicle regulations; revising hours-of-service
69	requirements for certain intrastate motor carriers;
70	revising conditions for an exemption from commercial
71	driver's license requirements; revising weight
72	requirements for application of certain exceptions to
73	specified federal regulations and to operation of certain
74	commercial motor vehicles by persons of a certain age;
75	amending s. 316.515, F.S.; authorizing certain uses of
76	forestry equipment; providing width and speed limitations;
77	requiring such vehicles to be operated in accordance with
78	specified safety requirements; revising length and mount
79	requirements for automobile towaway and driveaway
80	operations; authorizing saddle mount combinations to
81	include one full mount; amending s. 318.14, F.S.;
82	providing exceptions to procedures for certain speed-limit
83	violations; removing the option for certain offenders to
84	attend driver improvement school; amending s. 318.143,
85	F.S., relating to sanctions for infractions of ch. 316,
86	F.S., committed by minors; allowing a court to require a
87	minor and his or her parents or guardians to participate
88	in a registered youthful driver monitoring service;
89	creating s. 318.1435, F.S.; defining the term "youthful
90	driver monitoring service"; providing procedures by which
91	such a service may provide monitoring; providing
92	registration requirements; amending s. 318.15, F.S.;
93	providing for the collection of certain service charges by
94	authorized driver licensing agents; amending s. 318.18,
95	F.S.; providing increased penalties for violation of load
96	on vehicle restrictions; amending s. 318.19, F.S.;
97	requiring mandatory hearings for certain speed-limit
98	violations; amending s. 318.32, F.S.; authorizing officers
99	to revoke a driver's license under certain circumstances;
100	amending s. 320.015, F.S.; providing that a prefabricated
101	or modular home shall be taxed as real property after it
102	is permanently affixed to real property; providing an
103	exception for certain display homes or dealer inventory;
104	amending s. 320.02, F.S.; requiring proof of an
105	endorsement before the original registration of a
106	motorcycle, motor-driven cycle, or moped; amending s.
107	320.03, F.S.; exempting certain owners of leased vehicles
108	from certain registration requirements; amending s.
109	320.07, F.S.; exempting certain owners of leased vehicles
110	from certain penalties relating to annual registration-
111	renewal requirements; amending s. 320.0706, F.S.;
112	providing requirements for displaying the rear license
113	plate on a dump truck; amending s. 320.08056, F.S.;
114	providing annual use fees for certain plates; exempting
115	collegiate license plates from the requirement for
116	maintaining a specified number of license plate
117	registrations; amending s. 320.08058, F.S.; creating the
118	Future Farmers of America license plate; providing for the
119	distribution of annual use fees received from the sale of
120	such plates; amending s. 320.089, F.S.; providing for
121	Operation Iraqi Freedom and Operation Enduring Freedom
122	license plates for qualified military personnel; amending
123	s. 320.27, F.S.; exempting certain applicants for a new
124	franchised motor vehicle dealer license from certain
125	training requirements; providing penalties for the failure
126	to register a mobile home salesperson; amending s.
127	320.405, F.S.; authorizing the department to enter into an
128	agreement for scheduling the payment of taxes or
129	penalties; amending s. 320.77, F.S.; providing a
130	definition; requiring mobile home salespersons to be
131	registered with the department; amending s. 320.781, F.S.;
132	providing for certain claims to be satisfied from the
133	Mobile Home and Recreational Vehicle Protection Trust
134	Fund; establishing certain conditions for such claims;
135	providing limits on such claims; amending s. 322.01, F.S.;
136	redefining the term "driver's license" to include an
137	operator's license as defined by federal law; defining the
138	terms "identification card," "temporary driver's license,"
139	and "temporary identification card" for purposes of ch.
140	322, F.S.; amending s. 322.05, F.S.; requiring that a
141	driver holding a learner license may only have his or her
142	application for a Class E license delayed for a moving
143	violation; amending s. 322.051, F.S.; revising the age at
144	which a person may be issued an identification card by the
145	department; authorizing the use of additional
146	documentation for purposes of proving nonimmigrant
147	classification when a person applies for an identification
148	card; amending s. 322.08, F.S.; authorizing the use of
149	additional documentation for purposes of proving
150	nonimmigrant classification when a person applies for a
151	driver's license; amending s. 322.12, F.S.; requiring that
152	all first-time applicants for a license to operate a
153	motorcycle complete a motorcycle safety course; amending
154	s. 322.121, F.S.; revising periodic license examination
155	requirements; providing for such testing of applicants for
156	renewal of a license under provisions requiring an
157	endorsement permitting the applicant to operate a tank
158	vehicle transporting hazardous materials; amending s.
159	322.2615, F.S.; revising the procedures under which a law
160	enforcement officer or correctional officer may suspend
161	the driving privilege of a person who is driving a motor
162	vehicle and who has an unlawful blood-alcohol level or
163	breath-alcohol level or who refuses to submit to a test of
164	his or her urine, breath, or blood; deleting a requirement
165	that such person be arrested for the offense of driving
166	under the influence; revising certain reporting
167	requirements; providing that materials submitted to the
168	department by the law enforcement agency, including the
169	crash report, are self-authenticating and part of the
170	record for the hearing officer; authorizing a law
171	enforcement agency to appeal a decision by the department
172	invalidating a suspension of a person's driving privilege;
173	directing the department to study the outsourcing of its
174	driver license services to a provider or other
175	governmental agency, in whole or in part, while retaining
176	responsibility and accountability for the services;
177	requiring that the department submit a report to the
178	Governor and Legislature by a specified date; providing
179	requirements for the department with respect to issues to
180	be included in the study; requiring a cost-benefit
181	analysis and a transition and implementation plan;
182	amending s. 627.733, F.S.; revising security requirements
183	for certain vehicles; amending s. 324.032, F.S.; revising
184	financial responsibility requirements for certain for-hire
185	vehicles; amending s. 318.1215, F.S.; deleting obsolete
186	language; increasing the amount of the surcharge on each
187	civil traffic penalty which is to be used for driver
188	education programs in schools; amending s. 316.083, F.S.;
189	requiring the driver of a vehicle overtaking a bicycle or
190	other nonmotorized vehicle to pass the bicycle or other
191	nonmotorized vehicle at a safe, specified distance;
192	providing effective dates.
193
194	Be It Enacted by the Legislature of the State of Florida:
195
196	Section 1.  Section 207.008, Florida Statutes, is amended
197	to read:
198	207.008  Retention of records by motor carrier.--Each
199	registered motor carrier shall maintain and keep pertinent
200	records and papers as may be required by the department for the
201	reasonable administration of this chapter and shall preserve the
202	records upon which each quarterly tax return is based for 4
203	years following the due date or filing date of the return,
204	whichever is later such records as long as required by s.
205	213.35.
206	Section 2.  Section 207.021, Florida Statutes, is amended
207	to read:
208	207.021  Informal conferences; settlement or compromise of
209	taxes, penalties, or interest.--
210	(1)(a)  The department may adopt rules for establishing
211	informal conferences for the resolution of disputes arising from
212	the assessment of taxes, penalties, or interest or the denial of
213	refunds under chapter 120.
214	(b)  During any proceeding arising under this section, the
215	motor carrier has the right to be represented and to record all
216	procedures at the motor carrier's expense.
217	(2)(a)  The executive director or his or her designee may
218	enter into a closing agreement with a taxpayer settling or
219	compromising the taxpayer's liability for any tax, interest, or
220	penalty assessed under this chapter. Each agreement must be in
221	writing, in the form of a closing agreement approved by the
222	department, and signed by the executive director or his or her
223	designee. The agreement is final and conclusive, except upon a
224	showing of material fraud or misrepresentation of material fact.
225	The department may not make an additional assessment against the
226	taxpayer for the tax, interest, or penalty specified in the
227	closing agreement for the time specified in the closing
228	agreement, and the taxpayer may not institute a judicial or
229	administrative proceeding to recover any tax, interest, or
230	penalty paid pursuant to the closing agreement. The executive
231	director of the department or his or her designee may approve
232	the closing agreement.
233	(b)  Notwithstanding paragraph (a), for the purpose of
234	settling and compromising the liability of a taxpayer for any
235	tax or interest on the grounds of doubt as to liability based on
236	the taxpayer's reasonable reliance on a written determination
237	issued by the department, the department may compromise the
238	amount of the tax or interest resulting from such reasonable
239	reliance.
240	(3)  A taxpayer's liability for any tax or interest
241	specified in this chapter may be compromised by the department
242	upon the grounds of doubt as to liability for or the
243	collectibility of such tax or interest. Doubt as to the
244	liability of a taxpayer for tax and interest exists if the
245	taxpayer demonstrates that he or she reasonably relied on a
246	written determination of the department.
247	(4)  A taxpayer's liability for any tax or interest under
248	this chapter shall be settled or compromised in whole or in part
249	whenever or to the extent allowable under the Articles of
250	Agreement of the International Fuel Tax Agreement.
251	(5)  A taxpayer's liability for penalties under this
252	chapter may be settled or compromised if it is determined by the
253	department that the noncompliance is due to reasonable cause and
254	not willful negligence, willful neglect, or fraud.
255	(6)  The department may enter into an agreement for
256	scheduling payments of any tax, penalty, or interest owed to the
257	department as a result of an audit assessment issued under this
258	chapter. The department may settle or compromise, pursuant to s.
259	213.21, penalties or interest imposed under this chapter.
260	Section 3.  Effective July 1, 2008, section 261.10, Florida
261	Statutes, is amended to read:
262	261.10  Criteria for recreation areas and trails;
263	limitation on liability.--
264	(1)  Publicly owned or operated off-highway vehicle
265	recreation areas and trails shall be designated and maintained
266	for recreational travel by off-highway vehicles. These areas and
267	trails need not be generally suitable or maintained for normal
268	travel by conventional two-wheel-drive vehicles and should not
269	be designated as recreational footpaths. State off-highway
270	vehicle recreation areas and trails must be selected and managed
271	in accordance with this chapter.
272	(2)  State agencies, water management districts, counties,
273	and municipalities, and officers and employees thereof, which
274	provide off-highway recreation areas and trails on publicly
275	owned land are not liable for damage to personal property or
276	personal injury or death to any person resulting from
277	participation in the inherently dangerous risks of off-highway
278	vehicle recreation. This subsection does not limit liability
279	that would otherwise exist for an act of negligence by a state
280	agency, water management district, county, or municipality, or
281	officer or employee thereof, which is the proximate cause of the
282	damage, injury, or death. Nothing in this subsection creates a
283	duty of care or basis of liability for death, personal injury,
284	or damage to personal property, nor shall anything in this
285	subsection be deemed to be a waiver of sovereign immunity under
286	any circumstances.
287	Section 4.  Effective July 1, 2008, section 261.20, Florida
288	Statutes, is created to read:
289	261.20  Operations of off-highway vehicles on public lands;
290	restrictions; safety courses; required equipment; prohibited
291	acts; penalties.--
292	(1)  This section applies only to the operation of off-
293	highway vehicles on public lands.
294	(2)  Any person operating an off-highway vehicle as
295	permitted in this section who has not attained 16 years of age
296	must be supervised by an adult while operating the off-highway
297	vehicle.
298	(3)  Effective July 1, 2008, while operating an off-highway
299	vehicle, a person who has not attained 16 years of age must have
300	in his or her possession a certificate evidencing the
301	satisfactory completion of an approved off-highway vehicle
302	safety course in this state or another jurisdiction. A
303	nonresident who has not attained 16 years of age and who is in
304	this state temporarily for a period not to exceed 30 days is
305	exempt from this subsection. Nothing contained in this chapter
306	shall prohibit an agency from requiring additional safety-
307	education courses for all operators.
308	(4)(a)  The department shall approve all off-highway
309	vehicle public safety-education programs required by this
310	chapter as a condition for operating on public lands.
311	(b)  An off-highway vehicle must be equipped with a spark
312	arrester that is approved by the United States Department of
313	Agriculture Forest Service, a braking system, and a muffler, all
314	in operating condition.
315	(c)  On and after July 1, 2008, off-highway vehicles, when
316	operating pursuant to this chapter, shall be equipped with a
317	silencer or other device which limits sound emissions. Exhaust
318	noise must not exceed 96 decibels in the A-weighting scale for
319	vehicles manufactured after January 1, 1986, or 99 decibels in
320	the A-weighting scale for vehicles manufactured before January
321	1, 1986, when measured from a distance of 20 inches using test
322	procedures established by the Society of Automotive Engineers
323	under Standard J-1287. Off-highway vehicle manufacturers or
324	their agents prior to the sale to the general public in this
325	state of any new off-highway vehicle model manufactured after
326	January 1, 2008, shall provide to the department revolutions-
327	per-minute data needed to conduct the J-1287 test, where
328	applicable.
329	(d)  An off-highway vehicle that is operated between sunset
330	and sunrise, or when visibility is reduced because of rain,
331	smoke, or smog, must display a lighted headlamp and taillamp
332	unless the use of such lights is prohibited by other laws, such
333	as a prohibition on the use of lights when hunting at night.
334	(e)  An off-highway vehicle that is used in certain
335	organized and sanctioned competitive events being held on a
336	closed course may be exempted by departmental rule from any
337	equipment requirement in this subsection.
338	(5)  It is a violation of this section:
339	(a)  To carry a passenger on an off-highway vehicle, unless
340	the machine is specifically designed by the manufacturer to
341	carry an operator and a single passenger.
342	(b)  To operate an off-highway vehicle while under the
343	influence of alcohol, a controlled substance, or any
344	prescription or over-the-counter drug that impairs vision or
345	motor condition.
346	(c) For a person who has not attained 16 years of age, to
347	operate an off-highway vehicle without wearing eye protection,
348	over-the-ankle boots, and a safety helmet that is approved by
349	the United States Department of Transportation or Snell Memorial
350	Foundation.
351	(d)  To operate an off-highway vehicle in a careless or
352	reckless manner that endangers or causes injury or damage to
353	another person or property.
354	(6)  Any person who violates this section commits a
355	noncriminal infraction and is subject to a fine of not less than
356	$100, and may have his or her privilege to operate an ATV on
357	public lands revoked. However, a person who commits such acts
358	with intent to defraud, or who commits a second or subsequent
359	violation, is subject to a fine of not less than $500 and may
360	have his or her privilege to operate an ATV on public lands
361	revoked.
362	(7)  Public land managing agencies, through the course of
363	their management activities, are exempt from the provisions of
364	subsection (5)(a).
365	Section 5.  Subsection (43) of section 316.003, Florida
366	Statutes, is amended to read:
367	316.003  Definitions.--The following words and phrases,
368	when used in this chapter, shall have the meanings respectively
369	ascribed to them in this section, except where the context
370	otherwise requires:
371	(43)  SADDLE MOUNT; FULL MOUNT.--An arrangement whereby the
372	front wheels of one vehicle rest in a secured position upon
373	another vehicle.  All of the wheels of the towing vehicle are
374	upon the ground and only the rear wheels of the towed vehicle
375	rest upon the ground. Such combinations may include one full
376	mount, whereby a smaller transport vehicle is placed completely
377	on the last towed vehicle.
378	Section 6.  Paragraph (b) of subsection (2) and paragraph
379	(b) of subsection (3) of section 316.006, Florida Statutes, are
380	amended to read:
381	316.006  Jurisdiction.--Jurisdiction to control traffic is
382	vested as follows:
383	(2)  MUNICIPALITIES.--
384	(b)  A municipality may exercise jurisdiction over any
385	private road or roads, or over any limited access road or roads
386	owned or controlled by a special district, located within its
387	boundaries if the municipality and party or parties owning or
388	controlling such road or roads provide, by written agreement
389	approved by the governing body of the municipality, for
390	municipal traffic control jurisdiction over the road or roads
391	encompassed by such agreement. Pursuant thereto:
392	1.  Provision for reimbursement for actual costs of traffic
393	control and enforcement and for liability insurance and
394	indemnification by the party or parties, and such other terms as
395	are mutually agreeable, may be included in such an agreement.
396	2.  The exercise of jurisdiction provided for herein shall
397	be in addition to jurisdictional authority presently exercised
398	by municipalities under law, and nothing in this paragraph shall
399	be construed to limit or remove any such jurisdictional
400	authority. Such jurisdiction includes regulation of access to
401	such road or roads by security devices or personnel.
402	3.  Any such agreement may provide for the installation of
403	multiparty stop signs by the parties controlling the roads
404	covered by the agreement if a determination is made by such
405	parties that the signage will enhance traffic safety. Multiparty
406	stop signs must conform to the manual and specifications of the
407	Department of Transportation; however, minimum traffic volumes
408	may not be required for the installation of such signage.
409	Enforcement for the signs shall be as provided in s. 316.123.
410	4.  The board of directors of a homeowners' association as
411	defined in chapter 720 may, by majority vote, elect to have
412	state traffic laws enforced by local law enforcement agencies on
413	private roads that are controlled by the association.
414	(3)  COUNTIES.--
415	(b)  A county may exercise jurisdiction over any private
416	road or roads, or over any limited access road or roads owned or
417	controlled by a special district, located in the unincorporated
418	area within its boundaries if the county and party or parties
419	owning or controlling such road or roads provide, by written
420	agreement approved by the governing body of the county, for
421	county traffic control jurisdiction over the road or roads
422	encompassed by such agreement.  Pursuant thereto:
423	1.  Provision for reimbursement for actual costs of traffic
424	control and enforcement and for liability insurance and
425	indemnification by the party or parties, and such other terms as
426	are mutually agreeable, may be included in such an agreement.
427	2.  Prior to entering into an agreement which provides for
428	enforcement of the traffic laws of the state over a private road
429	or roads, or over any limited access road or roads owned or
430	controlled by a special district, the governing body of the
431	county shall consult with the sheriff. No such agreement shall
432	take effect prior to October 1, the beginning of the county
433	fiscal year, unless this requirement is waived in writing by the
434	sheriff.
435	3.  The exercise of jurisdiction provided for herein shall
436	be in addition to jurisdictional authority presently exercised
437	by counties under law, and nothing in this paragraph shall be
438	construed to limit or remove any such jurisdictional authority.
439	4.  Any such agreement may provide for the installation of
440	multiparty stop signs by the parties controlling the roads
441	covered by the agreement if a determination is made by such
442	parties that the signage will enhance traffic safety. Multiparty
443	stop signs must conform to the manual and specifications of the
444	Department of Transportation; however, minimum traffic volumes
445	may not be required for the installation of such signage.
446	Enforcement for the signs shall be as provided in s. 316.123.
447	5.  The board of directors of a homeowners' association as
448	defined in chapter 720 may, by majority vote, elect to have
449	state traffic laws enforced by local law enforcement agencies on
450	private roads that are controlled by the association.
451	Section 7.  Section 316.0085, Florida Statutes, is amended
452	to read:
453	316.0085  Skateboarding; inline skating; freestyle or
454	mountain and off-road bicycling; paintball; definitions;
455	liability.--
456	(1)  The purpose of this section is to encourage
457	governmental owners or lessees of property to make land
458	available to the public for skateboarding, inline skating,
459	paintball, and freestyle or mountain and off-road bicycling. It
460	is recognized that governmental owners or lessees of property
461	have failed to make property available for such activities
462	because of the exposure to liability from lawsuits and the
463	prohibitive cost of insurance, if insurance can be obtained for
464	such activities. It is also recognized that risks and dangers
465	are inherent in these activities, which risks and dangers should
466	be assumed by those participating in such activities.
467	(2)  As used in this section, the term:
468	(a)  "Governmental entity" means:
469	1.  The United States, the State of Florida, any county or
470	municipality, or any department, agency, or other
471	instrumentality thereof.
472	2.  Any school board, special district, authority, or other
473	entity exercising governmental authority.
474	(b)  "Inherent risk" means those dangers or conditions that
475	are characteristic of, intrinsic to, or an integral part of
476	skateboarding, inline skating, paintball, and freestyle or
477	mountain and off-road bicycling.
478	(3)  This section does not grant authority or permission
479	for a person to engage in skateboarding, inline skating,
480	paintball, or freestyle or mountain and off-road bicycling on
481	property owned or controlled by a governmental entity unless
482	such governmental entity has specifically designated such area
483	for skateboarding, inline skating, paintball, or freestyle or
484	mountain and off-road bicycling. Each governmental entity shall
485	post a rule in each specifically designated area that identifies
486	all authorized activities and indicates that a child under 17
487	years of age may not engage in any of those activities until the
488	governmental entity has obtained written consent, in a form
489	acceptable to the governmental entity, from the child's parents
490	or legal guardians.
491	(4)  A governmental entity or public employee is not liable
492	to any person who voluntarily participates in skateboarding,
493	inline skating, paintball, or freestyle or mountain and off-road
494	bicycling for any damage or injury to property or persons which
495	arises out of a person's participation in such activity, and
496	which takes place in an area designated for such activity.
497	(5)  This section does not limit liability that would
498	otherwise exist for any of the following:
499	(a)  The failure of the governmental entity or public
500	employee to guard against or warn of a dangerous condition of
501	which a participant does not and cannot reasonably be expected
502	to have notice.
503	(b)  An act of gross negligence by the governmental entity
504	or public employee that is the proximate cause of the injury.
505	(c)  The failure of a governmental entity that provides a
506	designated area for skateboarding, inline skating, paintball, or
507	freestyle or mountain and off-road bicycling to obtain the
508	written consent, in a form acceptable to the governmental
509	entity, from the parents or legal guardians of any child under
510	17 years of age before authorizing such child to participate in
511	skateboarding, inline skating, paintball, or freestyle or
512	mountain and off-road bicycling in such designated area, unless
513	that child's participation is in violation of posted rules
514	governing the authorized use of the designated area, except that
515	a parent or legal guardian must demonstrate that written consent
516	to engage in mountain or off-road bicycling in a designated area
517	was provided to the governmental entity before entering the
518	designated area.
519
520	Nothing in this subsection creates a duty of care or basis of
521	liability for death, personal injury, or damage to personal
522	property. Nothing in this section shall be deemed to be a waiver
523	of sovereign immunity under any circumstances.
524	(6)  Nothing in this section shall limit the liability of
525	an independent concessionaire, or any person or organization
526	other than a governmental entity or public employee, whether or
527	not the person or organization has a contractual relationship
528	with a governmental entity to use the public property, for
529	injuries or damages suffered in any case as a result of the
530	operation of skateboards, inline skates, paintball equipment, or
531	freestyle or mountain and off-road bicycles on public property
532	by the concessionaire, person, or organization.
533	(7)(a)  Any person who participates in or assists in
534	skateboarding, inline skating, paintball, or freestyle or
535	mountain and off-road bicycling assumes the known and unknown
536	inherent risks in these activities irrespective of age, and is
537	legally responsible for all damages, injury, or death to himself
538	or herself or other persons or property which result from these
539	activities. Any person who observes skateboarding, inline
540	skating, paintball, or freestyle or mountain or off-road
541	bicycling assumes the known and unknown inherent risks in these
542	activities irrespective of age, and is legally responsible for
543	all damages, injury, or death to himself or herself which result
544	from these activities. A governmental entity that sponsors,
545	allows, or permits skateboarding, inline skating, paintball, or
546	freestyle or mountain or off-road bicycling on its property is
547	not required to eliminate, alter, or control the inherent risks
548	in these activities.
549	(b)  While engaged in skateboarding, inline skating,
550	paintball, or freestyle or mountain or off-road bicycling,
551	irrespective of where such activities occur, a participant is
552	responsible for doing all of the following:
553	1.  Acting within the limits of his or her ability and the
554	purpose and design of the equipment used.
555	2.  Maintaining control of his or her person and the
556	equipment used.
557	3.  Refraining from acting in any manner which may cause or
558	contribute to death or injury of himself or herself, or other
559	persons.
560
561	Failure to comply with the requirements of this paragraph shall
562	constitute negligence.
563	(8)  The fact that a governmental entity carries insurance
564	which covers any act described in this section shall not
565	constitute a waiver of the protections set forth in this
566	section, regardless of the existence or limits of such coverage.
567	Section 8.  Subsection (2) of section 316.1001, Florida
568	Statutes, is amended to read:
569	316.1001  Payment of toll on toll facilities required;
570	penalties.--
571	(2)(a)  For the purpose of enforcing this section, any
572	governmental entity, as defined in s. 334.03, that owns or
573	operates a toll facility may, by rule or ordinance, authorize a
574	toll enforcement officer to issue a uniform traffic citation for
575	a violation of this section.  Toll enforcement officer means the
576	designee of a governmental entity whose authority is to enforce
577	the payment of tolls.  The governmental entity may designate
578	toll enforcement officers pursuant to s. 316.640(1).
579	(b)  A citation issued under this subsection may be issued
580	by mailing the citation by first class mail, or by certified
581	mail, return receipt requested, to the address of the registered
582	owner of the motor vehicle involved in the violation. Mailing
583	the citation to this address constitutes notification. In the
584	case of joint ownership of a motor vehicle, the traffic citation
585	must be mailed to the first name appearing on the registration,
586	unless the first name appearing on the registration is a
587	business organization, in which case the second name appearing
588	on the registration may be used. A citation issued under this
589	paragraph must be mailed to the registered owner of the motor
590	vehicle involved in the violation within 14 days after the date
591	of issuance of the violation. In addition to the citation,
592	notification must be sent to the registered owner of the motor
593	vehicle involved in the violation specifying remedies available
594	under ss. 318.14(12) and 318.18(7).
595	(c)  The owner of the motor vehicle involved in the
596	violation is responsible and liable for payment of a citation
597	issued for failure to pay a toll, unless the owner can establish
598	the motor vehicle was, at the time of the violation, in the
599	care, custody, or control of another person.  In order to
600	establish such facts, the owner of the motor vehicle is
601	required, within 14 days after the date of issuance of the
602	citation, to furnish to the appropriate governmental entity an
603	affidavit setting forth:
604	1.  The name, address, date of birth, and, if known, the
605	driver license number of the person who leased, rented, or
606	otherwise had the care, custody, or control of the motor vehicle
607	at the time of the alleged violation; or
608	2.  If stolen, the police report indicating that the
609	vehicle was stolen at the time of the alleged violation.
610
611	Upon receipt of an affidavit the person designated as having
612	care, custody, and control of the motor vehicle at the time of
613	the violation may be issued a citation for failure to pay a
614	required toll.  The affidavit shall be admissible in a
615	proceeding pursuant to this section for the purpose of providing
616	that the person identified in the affidavit was in actual care,
617	custody, or control of the motor vehicle. The owner of a leased
618	vehicle for which a citation is issued for failure to pay a toll
619	is not responsible for payment of the citation and is not
620	required to submit an affidavit as specified in this subsection
621	if the motor vehicle involved in the violation is registered in
622	the name of the lessee of such motor vehicle.
623	(d)  A written report of a toll enforcement officer to
624	photographic evidence that a required toll was not paid is
625	admissible in any proceeding to enforce this section and raises
626	a rebuttable presumption that the motor vehicle named in the
627	report or shown in the photographic evidence was used in
628	violation of this section.
629	Section 9.  Subsection (1) of section 316.192, Florida
630	Statutes, is amended to read:
631	316.192  Reckless driving.--
632	(1)(a)  Any person who drives any vehicle in willful or
633	wanton disregard for the safety of persons or property is guilty
634	of reckless driving.
635	(b)  Fleeing a law enforcement officer in a motor vehicle
636	is reckless driving per se.
637	Section 10.  Subsection (1) of section 316.1955, Florida
638	Statutes, is amended to read:
639	316.1955  Enforcement of parking requirements for persons
640	who have disabilities.--
641	(1)  It is unlawful for any person to stop, stand, or park
642	a vehicle within, or to obstruct, any such specially designated
643	and marked parking space provided in accordance with s.
644	553.5041, unless the vehicle displays a disabled parking permit
645	issued under s. 316.1958 or s. 320.0848 or a license plate
646	issued under s. 320.084, s. 320.0842, s. 320.0843, or s.
647	320.0845, and the vehicle is transporting the person to whom the
648	displayed permit is issued. The violation may not be dismissed
649	for failure of the marking on the parking space to comply with
650	s. 553.5041 if the space is in general compliance and is clearly
651	distinguishable as a designated accessible parking space for
652	people who have disabilities. Only a warning may be issued for
653	unlawfully parking in a space designated for persons with
654	disabilities if there is no above-grade sign as provided in s.
655	553.5041.
656	(a)  Whenever a law enforcement officer, a parking
657	enforcement specialist, or the owner or lessee of the space
658	finds a vehicle in violation of this subsection, that officer,
659	owner, or lessor shall have the vehicle in violation removed to
660	any lawful parking space or facility or require the operator or
661	other person in charge of the vehicle immediately to remove the
662	unauthorized vehicle from the parking space.  Whenever any
663	vehicle is removed under this section to a storage lot, garage,
664	or other safe parking space, the cost of the removal and parking
665	constitutes a lien against the vehicle.
666	(b)  The officer or specialist shall charge the operator or
667	other person in charge of the vehicle in violation with a
668	noncriminal traffic infraction, punishable as provided in s.
669	316.008(4) or s. 318.18(6). The owner of a leased vehicle is not
670	responsible for a violation of this section if the vehicle is
671	registered in the name of the lessee.
672	(c)  All convictions for violations of this section must be
673	reported to the Department of Highway Safety and Motor Vehicles
674	by the clerk of the court.
675	(d)  A law enforcement officer or a parking enforcement
676	specialist has the right to demand to be shown the person's
677	disabled parking permit and driver's license or state
678	identification card when investigating the possibility of a
679	violation of this section.  If such a request is refused, the
680	person in charge of the vehicle may be charged with resisting an
681	officer without violence, as provided in s. 843.02.
682	Section 11.  Section 316.2015, Florida Statutes, is amended
683	to read:
684	316.2015  Unlawful for person to ride on exterior of
685	vehicle.--
686	(1)  It is unlawful for any operator of a passenger vehicle
687	to permit any person to ride on the bumper, radiator, fender,
688	hood, top, trunk, or running board of such vehicle when operated
689	upon any street or highway which is maintained by the state,
690	county, or municipality. However, the operator of any vehicle
691	shall not be in violation of this section when such operator
692	permits any person to occupy seats securely affixed to the
693	exterior of such vehicle. Any person who violates the provisions
694	of this subsection shall be cited for a moving violation,
695	punishable as provided in chapter 318.
696	(2)(a)  No person shall ride on any vehicle upon any
697	portion thereof not designed or intended for the use of
698	passengers. This paragraph does not apply to an employee of a
699	fire department, an employee of a governmentally operated solid
700	waste disposal department or a waste disposal service operating
701	pursuant to a contract with a governmental entity, or to a
702	volunteer firefighter when the employee or firefighter is
703	engaged in the necessary discharge of a duty, and does not apply
704	to a person who is being transported in response to an emergency
705	by a public agency or pursuant to the direction or authority of
706	a public agency. This paragraph does provision shall not apply
707	to an employee engaged in the necessary discharge of a duty or
708	to a person or persons riding within truck bodies in space
709	intended for merchandise.
710	(b)  It is unlawful for any operator of a pickup truck or
711	flatbed truck to permit a minor child who has not attained 18
712	years of age to ride upon limited access facilities of the state
713	within the open body of a pickup truck or flatbed truck unless
714	the minor is restrained within the open body in the back of a
715	truck that has been modified to include secure seating and
716	safety restraints to prevent the passenger from being thrown,
717	falling, or jumping from the truck. This paragraph does not
718	apply in a medical emergency if the child is accompanied within
719	the truck by an adult. A county is exempt from this paragraph if
720	the governing body of the county, by majority vote, following a
721	noticed public hearing, votes to exempt the county from this
722	paragraph.
723	(c)  Any person who violates the provisions of this
724	subsection shall be cited for a nonmoving violation, punishable
725	as provided in chapter 318.
726	(3)  This section shall not apply to a performer engaged in
727	a professional exhibition or person participating in an
728	exhibition or parade, or any such person preparing to
729	participate in such exhibitions or parades.
730	Section 12.  Subsection (1) section 316.2095, Florida
731	Statutes, is amended to read:
732	316.2095  Footrests, handholds, and handlebars.--
733	(1)  Any motorcycle carrying a passenger, other than in a
734	sidecar or enclosed cab, shall be equipped with footrests and
735	handholds for such passenger.
736	Section 13.  Effective January 1, 2007, present subsection
737	(6) of section 316.211, Florida Statutes, is redesignated as
738	subsection (7), and a new subsection (6) is added to that
739	section, to read:
740	316.211  Equipment for motorcycle and moped riders.--
741	(6)  Each motorcycle registered to a person under 21 years
742	of age must display a license plate that is unique in design and
743	color.
744	Section 14.  Section 316.2123, Florida Statutes, is created
745	to read:
746	316.2123  Operation of an ATV on certain roadways.--
747	(1)  The operation of an ATV, as defined in s. 317.0003,
748	upon the public roads or streets of this state is prohibited,
749	except that an ATV may be operated during the daytime on an
750	unpaved roadway where the posted speed limit is less than 35
751	miles per hour by a licensed driver or by a minor under the
752	supervision of a licensed driver. The operator must provide
753	proof of ownership pursuant to chapter 317 upon request by a law
754	enforcement officer.
755	(2)  A county is exempt from this section if the governing
756	body of the county, by majority vote, following a noticed public
757	hearing, votes to exempt the county from this section.
758	Section 15.  Subsection (3) is added to section 316.2125,
759	Florida Statutes, to read:
760	316.2125  Operation of golf carts within a retirement
761	community.--
762	(3)  A local governmental entity may enact an ordinance
763	regarding golf cart operation and equipment which is more
764	restrictive than those enumerated in this section. Upon
765	enactment of any such ordinance, the local governmental entity
766	shall post appropriate signs or otherwise inform the residents
767	that such an ordinance exists and that it shall be enforced
768	within the local government's jurisdictional territory. An
769	ordinance referred to in this section must apply only to an
770	unlicensed driver.
771	Section 16.  Section 316.2128, Florida Statutes, is created
772	to read:
773	316.2128  Operation of motorized scooters and miniature
774	motorcycles; requirements for sales.--
775	(1)  A person who engages in the business of, serves in the
776	capacity of, or acts as a commercial seller of motorized
777	scooters or miniature motorcycles in this state must prominently
778	display at his or her place of business a notice that such
779	vehicles are not legal to operate on public roads or sidewalks
780	and may not be registered as motor vehicles. The required notice
781	must also appear in all forms of advertising offering motorized
782	scooters or miniature motorcycles for sale. The notice and a
783	copy of this section must also be provided to a consumer prior
784	to the consumer's purchasing or becoming obligated to purchase a
785	motorized scooter or a miniature motorcycle.
786	(2)  Any person selling or offering a motorized scooter or
787	a miniature motorcycle for sale in violation of this subsection
788	commits an unfair and deceptive trade practice as defined in
789	part II of chapter 501.
790	Section 17.  Subsection (2) of section 316.221, Florida
791	Statutes, is amended to read:
792	316.221  Taillamps.--
793	(2)  Either a taillamp or a separate lamp shall be so
794	constructed and placed as to illuminate with a white light the
795	rear registration plate and render it clearly legible from a
796	distance of 50 feet to the rear.  Any taillamp or taillamps,
797	together with any separate lamp or lamps for illuminating the
798	rear registration plate, shall be so wired as to be lighted
799	whenever the headlamps or auxiliary driving lamps are lighted.
800	Dump trucks and vehicles having dump bodies are exempt from the
801	requirements of this subsection.
802	Section 18.  Paragraph (b) of subsection (1), paragraphs
803	(b), (c), (d), (f), and (i) of subsection (2), and subsection
804	(3) of section 316.302, Florida Statutes, are amended to read:
805	316.302  Commercial motor vehicles; safety regulations;
806	transporters and shippers of hazardous materials; enforcement.--
807	(1)
808	(b)  Except as otherwise provided in this section, all
809	owners or drivers of commercial motor vehicles that are engaged
810	in intrastate commerce are subject to the rules and regulations
811	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
812	exception of 49 C.F.R. s. 390.5 as it relates to the definition
813	of bus, as such rules and regulations existed on October 1, 2005
814	2004.
815	(2)
816	(b)  Except as provided in 49 C.F.R. s. 395.1, a person who
817	operates a commercial motor vehicle solely in intrastate
818	commerce not transporting any hazardous material in amounts that
819	require placarding pursuant to 49 C.F.R. part 172 may not drive:
820	1.  More than 12 hours following 10 consecutive hours off
821	duty; or
822	2.  For any period after the end of the 16th hour after
823	coming on duty following 10 consecutive hours off duty. is
824	exempt from 49 C.F.R. s. 395.3(a) and (b) and may, after 8
825	hours' rest, and following the required initial motor vehicle
826	inspection, be permitted to drive any part of the first 15 on-
827	duty hours in any 24-hour period, but may not be permitted to
828	operate a commercial motor vehicle after that until the
829	requirement of another 8 hours' rest has been fulfilled.
830
831	The provisions of this paragraph do not apply to drivers of
832	utility service vehicles as defined in 49 C.F.R. s. 395.2.
833	public utility vehicles or authorized emergency vehicles during
834	periods of severe weather or other emergencies.
835	(c)  Except as provided in 49 C.F.R. s. 395.1, a person who
836	operates a commercial motor vehicle solely in intrastate
837	commerce not transporting any hazardous material in amounts that
838	require placarding pursuant to 49 C.F.R. part 172 may not drive
839	after having been on duty more than 70 hours in any period of 7
840	consecutive days or more than 80 hours in any period of 8
841	consecutive days if the motor carrier operates every day of the
842	week. Thirty-four be on duty more than 72 hours in any period of
843	7 consecutive days, but carriers operating every day in a week
844	may permit drivers to remain on duty for a total of not more
845	than 84 hours in any period of 8 consecutive days; however, 24
846	consecutive hours off duty shall constitute the end of any such
847	period of 7 or 8 consecutive days. This weekly limit does not
848	apply to a person who operates a commercial motor vehicle solely
849	within this state while transporting, during harvest periods,
850	any unprocessed agricultural products or unprocessed food or
851	fiber that is are subject to seasonal harvesting from place of
852	harvest to the first place of processing or storage or from
853	place of harvest directly to market or while transporting
854	livestock, livestock feed, or farm supplies directly related to
855	growing or harvesting agricultural products. Upon request of the
856	Department of Transportation, motor carriers shall furnish time
857	records or other written verification to that department so that
858	the Department of Transportation can determine compliance with
859	this subsection. These time records must be furnished to the
860	Department of Transportation within 2 10 days after receipt of
861	that department's request. Falsification of such information is
862	subject to a civil penalty not to exceed $100. The provisions of
863	this paragraph do not apply to drivers of public utility service
864	vehicles as defined in 49 C.F.R. s. 395.2. or authorized
865	emergency vehicles during periods of severe weather or other
866	emergencies.
867	(d)  A person who operates a commercial motor vehicle
868	solely in intrastate commerce not transporting any hazardous
869	material in amounts that require placarding pursuant to 49
870	C.F.R. part 172 within a 150 200 air-mile radius of the location
871	where the vehicle is based need not comply with 49 C.F.R. s.
872	395.8, if the requirements of 49 C.F.R. s. 395.1(e)(1)(iii) and
873	(v) are met. If a driver is not released from duty within 12
874	hours after the driver arrives for duty, the motor carrier must
875	maintain documentation of the driver's driving times throughout
876	the duty period except that time records shall be maintained as
877	prescribed in 49 C.F.R. s. 395.1(e)(5).
878	(f)  A person who operates a commercial motor vehicle
879	having a declared gross vehicle weight of less than 26,001
880	26,000 pounds solely in intrastate commerce and who is not
881	transporting hazardous materials in amounts that require
882	placarding pursuant to 49 C.F.R. part 172, or who is
883	transporting petroleum products as defined in s. 376.301, is
884	exempt from subsection (1). However, such person must comply
885	with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.
886	396.3(a)(1) and 396.9.
887	(i)  A person who was a regularly employed driver of a
888	commercial motor vehicle on July 4, 1987, and whose driving
889	record shows no traffic convictions, pursuant to s. 322.61,
890	during the 2-year period immediately preceding the application
891	for the commercial driver's license, and who is otherwise
892	qualified as a driver under 49 C.F.R. part 391, and who operates
893	a commercial vehicle in intrastate commerce only, shall be
894	exempt from the requirements of 49 C.F.R. part 391, subpart E,
895	s. 391.41(b)(10). However, such operators are still subject to
896	the requirements of ss. 322.12 and 322.121.  As proof of
897	eligibility, such driver shall have in his or her possession a
898	physical examination form dated within the past 24 months.
899	(3)  A person who has not attained under the age of 18
900	years of age may not operate a commercial motor vehicle, except
901	that a person who has not attained under the age of 18 years of
902	age may operate a commercial motor vehicle which has a gross
903	vehicle weight of less than 26,001 26,000 pounds while
904	transporting agricultural products, including horticultural or
905	forestry products, from farm or harvest place to storage or
906	market.
907	Section 19.  Subsections (5) and (10) of section 316.515,
908	Florida Statutes, are amended to read:
909	316.515  Maximum width, height, length.--
910	(5)  IMPLEMENTS OF HUSBANDRY;, AGRICULTURAL TRAILERS;,
911	FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.--
912	(a)  Notwithstanding any other provisions of law, straight
913	trucks, agricultural tractors, and cotton module movers, not
914	exceeding 50 feet in length, or any combination of up to and
915	including three implements of husbandry, including the towing
916	power unit, and any single agricultural trailer with a load
917	thereon or any agricultural implements attached to a towing
918	power unit not exceeding 130 inches in width, or a self-
919	propelled agricultural implement or an agricultural tractor not
920	exceeding 130 inches in width, is authorized for the purpose of
921	transporting peanuts, grains, soybeans, cotton, hay, straw, or
922	other perishable farm products from their point of production to
923	the first point of change of custody or of long-term storage,
924	and for the purpose of returning to such point of production, or
925	for the purpose of moving such tractors, movers, and implements
926	from one point of agricultural production to another, by a
927	person engaged in the production of any such product or custom
928	hauler, if such vehicle or combination of vehicles otherwise
929	complies with this section. The Department of Transportation may
930	issue overwidth permits for implements of husbandry greater than
931	130 inches, but not more than 170 inches, in width. Such
932	vehicles shall be operated in accordance with all safety
933	requirements prescribed by law and Department of Transportation
934	rules. The Department of Transportation may issue overlength
935	permits for cotton module movers greater than 50 feet but not
936	more than 55 feet in overall length. Such vehicles shall be
937	operated in accordance with all safety requirements prescribed
938	by law and rules of the Department of Transportation.
939	(b)  Notwithstanding any other provision of law, equipment
940	not exceeding 136 inches in width and not capable of speeds
941	exceeding 20 miles per hour which is used exclusively for
942	harvesting forestry products is authorized for the purpose of
943	transporting equipment from one point of harvest to another
944	point of harvest, not to exceed 10 miles, by a person engaged in
945	the harvesting of forestry products. Such vehicles must be
946	operated during daylight hours only, in accordance with all
947	safety requirements prescribed by s. 316.2295(5) and (6).
948	(10)  AUTOMOBILE TOWAWAY AND DRIVEAWAY OPERATIONS.--An
949	automobile towaway or driveaway operation transporting new or
950	used trucks may use what is known to the trade as "saddle
951	mounts," if the overall length does not exceed 97 75 feet and no
952	more than three saddle mounts are towed. Such combinations may
953	include one full mount. Saddle mount combinations must also
954	comply with the applicable safety regulations in 49 C.F.R. s.
955	393.71.
956	Section 20.  Subsection (9) of section 318.14, Florida
957	Statutes, is amended to read:
958	318.14  Noncriminal traffic infractions; exception;
959	procedures.--
960	(9)  Any person who does not hold a commercial driver's
961	license and who is cited for an infraction under this section
962	other than a violation of s. 316.183(2), s. 316.187, or s.
963	316.189 when the driver exceeds the posted limit by 30 miles per
964	hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
965	s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
966	appearance, elect to attend in the location of his or her choice
967	within this state a basic driver improvement course approved by
968	the Department of Highway Safety and Motor Vehicles. In such a
969	case, adjudication must be withheld; points, as provided by s.
970	322.27, may not be assessed; and the civil penalty that is
971	imposed by s. 318.18(3) must be reduced by 18 percent; however,
972	a person may not make an election under this subsection if the
973	person has made an election under this subsection in the
974	preceding 12 months. A person may make no more than five
975	elections under this subsection. The requirement for community
976	service under s. 318.18(8) is not waived by a plea of nolo
977	contendere or by the withholding of adjudication of guilt by a
978	court.
979	Section 21.  Paragraph (f) is added to subsection (1) of
980	section 318.143, Florida Statutes, to read:
981	318.143  Sanctions for infractions by minors.--
982	(1)  If the court finds that a minor has committed a
983	violation of any of the provisions of chapter 316, the court may
984	also impose one or more of the following sanctions:
985	(f)  The court may require the minor and his or her parents
986	or guardians to participate in a registered youthful driver
987	monitoring service as described in s. 318.1435.
988	Section 22.  Section 318.1435, Florida Statutes, is created
989	to read:
990	318.1435  Youthful driver monitoring services.--
991	(1)  As used in this section, the term "youthful driver
992	monitoring service" means an entity that enables parents or
993	guardians to monitor the driving performance of their minor
994	children. The service may provide monitoring by posting on a
995	vehicle a placard that shows a toll-free telephone number and a
996	unique identifying number and includes a request to members of
997	the public to call the toll-free telephone number to report
998	inappropriate driving practices. The service shall enter into a
999	contract with the parents or guardians under which the service
1000	shall timely forward to the parents or guardians all reports of
1001	inappropriate driving practices by the minor child.
1002	(2)  A youthful driver monitoring service may register with
1003	the Department of Highway Safety and Motor Vehicles. The
1004	registration must consist of a narrative description of the
1005	services offered by the youthful driver monitoring service, the
1006	name of the manager in charge of the service, the address of the
1007	service, and the telephone number of the service. Registration
1008	under this subsection remains valid indefinitely, but it is the
1009	responsibility of the youthful driver monitoring service to
1010	timely file a revised registration statement to reflect any
1011	changes in the required information. If the department
1012	determines that the youthful driver monitoring service is not
1013	providing the services described in the narrative statement, the
1014	department may suspend the registration; however, the department
1015	must reinstate the registration when the service files a revised
1016	statement that reflects its actual practices.
1017	Section 23.  Subsection (2) of section 318.15, Florida
1018	Statutes, is amended to read:
1019	318.15  Failure to comply with civil penalty or to appear;
1020	penalty.--
1021	(2)  After suspension of the driver's license and privilege
1022	to drive of a person under subsection (1), the license and
1023	privilege may not be reinstated until the person complies with
1024	all obligations and penalties imposed on him or her under s.
1025	318.18 and presents to a driver license office a certificate of
1026	compliance issued by the court, together with a nonrefundable
1027	service charge of up to $47.50 imposed under s. 322.29, or
1028	presents a certificate of compliance and pays the aforementioned
1029	service charge of up to $47.50 to the clerk of the court or a
1030	driver licensing agent authorized in s. 322.135 tax collector
1031	clearing such suspension. Of the charge collected by the clerk
1032	of the court or driver licensing agent the tax collector, $10
1033	shall be remitted to the Department of Revenue to be deposited
1034	into the Highway Safety Operating Trust Fund. Such person shall
1035	also be in compliance with requirements of chapter 322 prior to
1036	reinstatement.
1037	Section 24.  Subsections (3) and (12) of section 318.18,
1038	Florida Statutes, are amended to read:
1039	318.18  Amount of civil penalties.--The penalties required
1040	for a noncriminal disposition pursuant to s. 318.14 are as
1041	follows:
1042	(3)(a)  Except as otherwise provided in this section, $60
1043	for all moving violations not requiring a mandatory appearance.
1044	(b)  For moving violations involving unlawful speed, the
1045	fines are as follows:
1046
1047	For speed exceeding the limit by:                          Fine:
1048	1-5 m.p.h................................................Warning
1049	6-9 m.p.h....................................................$25
1050	10-14 m.p.h.................................................$100
1051	15-19 m.p.h.................................................$125
1052	20-29 m.p.h.................................................$150
1053	30 m.p.h. and above.........................................$250
1054
1055	(c)  Notwithstanding paragraph (b), a person cited for
1056	exceeding the speed limit by up to 5 m.p.h. in a legally posted
1057	school zone will be fined $50. A person exceeding the speed
1058	limit in a school zone shall pay a fine double the amount listed
1059	in paragraph (b).
1060	(d)  A person cited for exceeding the speed limit in a
1061	posted construction zone shall pay a fine double the amount
1062	listed in paragraph (b). The fine shall be doubled for
1063	construction zone violations only if construction personnel are
1064	present or operating equipment on the road or immediately
1065	adjacent to the road under construction.
1066	(e)  If a violation of s. 316.1301 or s. 316.1303 results
1067	in an injury to the pedestrian or damage to the property of the
1068	pedestrian, an additional fine of up to $250 shall be paid. This
1069	amount must be distributed pursuant to s. 318.21.
1070	(f)  A person cited for exceeding the speed limit within a
1071	zone posted for any electronic or manual toll collection
1072	facility shall pay a fine double the amount listed in paragraph
1073	(b). However, no person cited for exceeding the speed limit in
1074	any toll collection zone shall be subject to a doubled fine
1075	unless the governmental entity or authority controlling the toll
1076	collection zone first installs a traffic control device
1077	providing warning that speeding fines are doubled. Any such
1078	traffic control device must meet the requirements of the uniform
1079	system of traffic control devices.
1080	(g)  A person cited for a second or subsequent conviction
1081	of speed exceeding the limit by 30 miles per hour and above
1082	within a 12-month period shall pay a fine that is double the
1083	amount listed in paragraph (b). For purposes of this paragraph,
1084	the term "conviction" means a finding of guilt as a result of a
1085	jury verdict, nonjury trial, or entry of a plea of guilty.
1086	Moneys received from the increased fine imposed by this
1087	paragraph shall be remitted to the Department of Revenue and
1088	deposited into the Department of Health Administrative Trust
1089	Fund to provide financial support to certified trauma centers to
1090	assure the availability and accessibility of trauma services
1091	throughout the state. Funds deposited into the Administrative
1092	Trust Fund under this section shall be allocated as follows:
1093	1.  Fifty percent shall be allocated equally among all
1094	Level I, Level II, and pediatric trauma centers in recognition
1095	of readiness costs for maintaining trauma services.
1096	2.  Fifty percent shall be allocated among Level I, Level
1097	II, and pediatric trauma centers based on each center's relative
1098	volume of trauma cases as reported in the Department of Health
1099	Trauma Registry.
1100	(12)  Two One hundred dollars for a violation of s.
1101	316.520(1) or (2). If, at a hearing, the alleged offender is
1102	found to have committed this offense, the court shall impose a
1103	minimum civil penalty of $200 $100. For a second or subsequent
1104	adjudication within a period of 5 years, the department shall
1105	suspend the driver's license of the person for not less than 1
1106	year 180 days and not more than 2 years 1 year.
1107	Section 25.  Section 318.19, Florida Statutes, is amended
1108	to read:
1109	318.19  Infractions requiring a mandatory hearing.--Any
1110	person cited for the infractions listed in this section shall
1111	not have the provisions of s. 318.14(2), (4), and (9) available
1112	to him or her but must appear before the designated official at
1113	the time and location of the scheduled hearing:
1114	(1)  Any infraction which results in a crash that causes
1115	the death of another;
1116	(2)  Any infraction which results in a crash that causes
1117	"serious bodily injury" of another as defined in s. 316.1933(1);
1118	(3)  Any infraction of s. 316.172(1)(b); or
1119	(4)  Any infraction of s. 316.520(1) or (2); or.
1120	(5)  Any infraction of s. 316.183(2), s. 316.187, or s.
1121	316.189 of exceeding the speed limit by 30 m.p.h. or more.
1122	Section 26.  Subsection (1) of section 318.32, Florida
1123	Statutes, is amended to read:
1124	318.32  Jurisdiction; limitations.--
1125	(1)  Hearing officers shall be empowered to accept pleas
1126	from and decide the guilt or innocence of any person, adult or
1127	juvenile, charged with any civil traffic infraction and shall be
1128	empowered to adjudicate or withhold adjudication of guilt in the
1129	same manner as a county court judge under the statutes, rules,
1130	and procedures presently existing or as subsequently amended,
1131	except that hearing officers shall not:
1132	(a)  Have the power to hold a defendant in contempt of
1133	court, but shall be permitted to file a motion for order of
1134	contempt with the appropriate state trial court judge;
1135	(b)  Hear a case involving a crash resulting in injury or
1136	death;
1137	(c)  Hear a criminal traffic offense case or a case
1138	involving a civil traffic infraction issued in conjunction with
1139	a criminal traffic offense; or
1140	(d)  Have the power to suspend or revoke a defendant's
1141	driver's license pursuant to s. 316.655(2).
1142	Section 27.  Subsection (1) of section 320.015, Florida
1143	Statutes, is amended to read:
1144	320.015  Taxation of mobile homes.--
1145	(1)  A mobile home, as defined in s. 320.01(2), regardless
1146	of its actual use, shall be subject only to a license tax unless
1147	classified and taxed as real property.  A mobile home is to be
1148	considered real property only when the owner of the mobile home
1149	is also the owner of the land on which the mobile home is
1150	situated and said mobile home is permanently affixed thereto.
1151	Any prefabricated or modular housing unit or portion thereof not
1152	manufactured upon an integral chassis or undercarriage for
1153	travel over the highways shall be taxed as real property once it
1154	is permanently affixed to real property. This subsection does
1155	not apply to a display home or other inventory being held for
1156	sale by a manufacturer or dealer of modular housing units even
1157	though transported over the highways to a site for erection or
1158	use.
1159	Section 28.  Effective July 1, 2008, subsection (1) of
1160	section 320.02, Florida Statutes, is amended to read:
1161	320.02  Registration required; application for
1162	registration; forms.--
1163	(1)  Except as otherwise provided in this chapter, every
1164	owner or person in charge of a motor vehicle that which is
1165	operated or driven on the roads of this state shall register the
1166	vehicle in this state.  The owner or person in charge shall
1167	apply to the department or to its authorized agent for
1168	registration of each such vehicle on a form prescribed by the
1169	department. Prior to the original registration of a motorcycle,
1170	motor-driven cycle, or moped, the owner, if a natural person,
1171	must present proof that he or she has a valid motorcycle
1172	endorsement as required in chapter 322. A No registration is not
1173	required for any motor vehicle that which is not operated on the
1174	roads of this state during the registration period.
1175	Section 29.  Subsection (8) of section 320.03, Florida
1176	Statutes, is amended to read:
1177	320.03  Registration; duties of tax collectors;
1178	International Registration Plan.--
1179	(8)  If the applicant's name appears on the list referred
1180	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
1181	license plate or revalidation sticker may not be issued until
1182	that person's name no longer appears on the list or until the
1183	person presents a receipt from the clerk showing that the fines
1184	outstanding have been paid. This subsection does not apply to
1185	the owner of a leased vehicle if the vehicle is registered in
1186	the name of the lessee of the vehicle. The tax collector and the
1187	clerk of the court are each entitled to receive monthly, as
1188	costs for implementing and administering this subsection, 10
1189	percent of the civil penalties and fines recovered from such
1190	persons. As used in this subsection, the term "civil penalties
1191	and fines" does not include a wrecker operator's lien as
1192	described in s. 713.78(13). If the tax collector has private tag
1193	agents, such tag agents are entitled to receive a pro rata share
1194	of the amount paid to the tax collector, based upon the
1195	percentage of license plates and revalidation stickers issued by
1196	the tag agent compared to the total issued within the county.
1197	The authority of any private agent to issue license plates shall
1198	be revoked, after notice and a hearing as provided in chapter
1199	120, if he or she issues any license plate or revalidation
1200	sticker contrary to the provisions of this subsection. This
1201	section applies only to the annual renewal in the owner's birth
1202	month of a motor vehicle registration and does not apply to the
1203	transfer of a registration of a motor vehicle sold by a motor
1204	vehicle dealer licensed under this chapter, except for the
1205	transfer of registrations which is inclusive of the annual
1206	renewals. This section does not affect the issuance of the title
1207	to a motor vehicle, notwithstanding s. 319.23(7)(b).
1208	Section 30.  Section 320.07, Florida Statutes, is amended
1209	to read:
1210	320.07  Expiration of registration; annual renewal
1211	required; penalties.--
1212	(1)  The registration of a motor vehicle or mobile home
1213	shall expire at midnight on the last day of the registration
1214	period.  A vehicle shall not be operated on the roads of this
1215	state after expiration of the renewal period unless the
1216	registration has been renewed according to law.
1217	(2)  Registration shall be renewed annually during the
1218	applicable renewal period, upon payment of the applicable
1219	license tax amount required by s. 320.08, service charges
1220	required by s. 320.04, and any additional fees required by law.
1221	However, any person owning a motor vehicle registered under s.
1222	320.08(4), (6)(b), or (13) may register semiannually as provided
1223	in s. 320.0705.
1224	(3)  The operation of any motor vehicle without having
1225	attached thereto a registration license plate and validation
1226	stickers, or the use of any mobile home without having attached
1227	thereto a mobile home sticker, for the current registration
1228	period shall subject the owner thereof, if he or she is present,
1229	or, if the owner is not present, the operator thereof to the
1230	following penalty provisions:
1231	(a)  Any person whose motor vehicle or mobile home
1232	registration has been expired for a period of 6 months or less
1233	commits a noncriminal traffic infraction, punishable as a
1234	nonmoving violation as provided in chapter 318.
1235	(b)  Any person whose motor vehicle or mobile home
1236	registration has been expired for more than 6 months shall upon
1237	a first offense be subject to the penalty provided in s. 318.14.
1238	(c)  Any person whose motor vehicle or mobile home
1239	registration has been expired for more than 6 months shall upon
1240	a second or subsequent offense be guilty of a misdemeanor of the
1241	second degree, punishable as provided in s. 775.082 or s.
1242	775.083.
1243	(d)  However, no operator shall be charged with a violation
1244	of this subsection if the operator can show, pursuant to a valid
1245	lease agreement, that the vehicle had been leased for a period
1246	of 30 days or less at the time of the offense.
1247	(e)  Any servicemember, as defined in s. 250.01, whose
1248	mobile home registration has expired while serving on active
1249	duty or state active duty shall not be charged with a violation
1250	of this subsection if, at the time of the offense, the
1251	servicemember was serving on active duty or state active duty 35
1252	miles or more from the mobile home. The servicemember must
1253	present to the department either a copy of the official military
1254	orders or a written verification signed by the servicemember's
1255	commanding officer to waive charges.
1256	(f)  The owner of a leased motor vehicle is not responsible
1257	for any penalty specified in this subsection if the motor
1258	vehicle is registered in the name of the lessee of the motor
1259	vehicle.
1260	(4)(a)  In addition to a penalty provided in subsection
1261	(3), a delinquent fee based on the following schedule of license
1262	taxes shall be imposed on any applicant who fails to renew a
1263	registration prior to the end of the month in which renewal
1264	registration is due.  The delinquent fee shall be applied
1265	beginning on the 11th calendar day of the month succeeding the
1266	renewal period. The delinquent fee shall not apply to those
1267	vehicles which have not been required to be registered during
1268	the preceding registration period or as provided in s.
1269	320.18(2).  The delinquent fee shall be imposed as follows:
1270	1.  License tax of $5 but not more than $25:  $5 flat.
1271	2.  License tax over $25 but not more than $50:  $10 flat.
1272	3.  License tax over $50 but not more than $100:  $15 flat.
1273	4.  License tax over $100 but not more than $400: $50 flat.
1274	5.  License tax over $400 but not more than $600:  $100
1275	flat.
1276	6.  License tax over $600 and up: $250 flat.
1277	(b)  A person who has been assessed a penalty pursuant to
1278	s. 316.545(2)(b) for failure to have a valid vehicle
1279	registration certificate is not subject to the delinquent fee
1280	authorized by this subsection if such person obtains a valid
1281	registration certificate within 10 working days after such
1282	penalty was assessed.  The official receipt authorized by s.
1283	316.545(6) constitutes proof of payment of the penalty
1284	authorized in s. 316.545(2)(b).
1285	(c)  The owner of a leased motor vehicle is not responsible
1286	for any delinquent fee specified in this subsection if the motor
1287	vehicle is registered in the name of the lessee of the motor
1288	vehicle.
1289	(5)  Any servicemember, as defined in s. 250.01, whose
1290	motor vehicle or mobile home registration has expired while
1291	serving on active duty or state active duty, shall be able to
1292	renew his or her registration upon return from active duty or
1293	state active duty without penalty, if the servicemember served
1294	on active duty or state active duty 35 miles or more from the
1295	servicemember's home of record prior to entering active duty or
1296	state active duty. The servicemember must provide to the
1297	department either a copy of the official military orders or a
1298	written verification signed by the servicemember's commanding
1299	officer to waive delinquent fees.
1300	(6)  Delinquent fees imposed under this section shall not
1301	be apportionable under the International Registration Plan.
1302	Section 31.  Section 320.0706, Florida Statutes, is amended
1303	to read:
1304	320.0706  Display of license plates on trucks.--The owner
1305	of any commercial truck of gross vehicle weight of 26,001 pounds
1306	or more shall display the registration license plate on both the
1307	front and rear of the truck in conformance with all the
1308	requirements of s. 316.605 that do not conflict with this
1309	section. The owner of a dump truck may place the rear license
1310	plate on the gate no higher than 60 inches to allow for better
1311	visibility. However, the owner of a truck tractor shall be
1312	required to display the registration license plate only on the
1313	front of such vehicle.
1314	Section 32.  Paragraph (eee) is added to subsection (4) of
1315	section 320.08056, Florida Statutes, as amended by section 1 of
1316	chapter 2005-357, Laws of Florida, and paragraph (a) of
1317	subsection (8) of that section is amended, to read:
1318	320.08056  Specialty license plates.--
1319	(4)  The following license plate annual use fees shall be
1320	collected for the appropriate specialty license plates:
1321	(eee)  Future Farmers of America license plate, $25.
1322	(8)(a)  The department must discontinue the issuance of an
1323	approved specialty license plate if the number of valid
1324	specialty plate registrations falls below 1,000 plates for at
1325	least 12 consecutive months. A warning letter shall be mailed to
1326	the sponsoring organization following the first month in which
1327	the total number of valid specialty plate registrations is below
1328	1,000 plates. This paragraph does not apply to collegiate
1329	license plates established under s. 320.08058(3).
1330	Section 33.  Subsection (57) is added to section 320.08058,
1331	Florida Statutes, to read:
1332	320.08058  Specialty license plates.--
1333	(57)  FUTURE FARMERS OF AMERICA LICENSE PLATES.--
1334	(a)  Notwithstanding the provisions of s. 320.08053, the
1335	department shall develop a Future Farmers of America license
1336	plate as provided in this section. Future Farmers of America
1337	license plates must bear the colors and design approved by the
1338	department. The word "Florida" must appear at the top of the
1339	plate, and the words "Agricultural Education" must appear at the
1340	bottom of the plate.
1341	(b)  The license plate annual use fee shall be distributed
1342	quarterly to the Florida Future Farmers of America Foundation,
1343	Inc., to fund activities and services of the Future Farmers of
1344	America.
1345	(c)  The Florida Future Farmers of America Foundation,
1346	Inc., shall retain all revenue from the annual use fees until
1347	all startup costs for developing and establishing the plates
1348	have been recovered. Thereafter, up to 10 percent of the annual
1349	use fee revenue may be used for administrative, handling, and
1350	disbursement expenses and up to 5 percent may be used for
1351	advertising and marketing costs. All remaining annual use fee
1352	revenue shall be used by the Florida Future Farmers of America
1353	Foundation, Inc., to fund its activities, programs, and
1354	projects, including, but not limited to, student and teacher
1355	leadership programs, the Foundation for Leadership Training
1356	Center, teacher recruitment and retention, and other special
1357	projects.
1358	Section 34.  Section 320.089, Florida Statutes, is amended
1359	to read:
1360	320.089  Members of National Guard and active United States
1361	Armed Forces reservists; former prisoners of war; survivors of
1362	Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
1363	Freedom and Operation Enduring Freedom Veterans; special license
1364	plates; fee.--
1365	(1)(a)  Each owner or lessee of an automobile or truck for
1366	private use or recreational vehicle as specified in s.
1367	320.08(9)(c) or (d), which is not used for hire or commercial
1368	use, who is a resident of the state and an active or retired
1369	member of the Florida National Guard, a survivor of the attack
1370	on Pearl Harbor, a recipient of the Purple Heart medal, or an
1371	active or retired member of any branch of the United States
1372	Armed Forces Reserve shall, upon application to the department,
1373	accompanied by proof of active membership or retired status in
1374	the Florida National Guard, proof of membership in the Pearl
1375	Harbor Survivors Association or proof of active military duty in
1376	Pearl Harbor on December 7, 1941, proof of being a Purple Heart
1377	medal recipient, or proof of active or retired membership in any
1378	branch of the Armed Forces Reserve, and upon payment of the
1379	license tax for the vehicle as provided in s. 320.08, be issued
1380	a license plate as provided by s. 320.06, upon which, in lieu of
1381	the serial numbers prescribed by s. 320.06, shall be stamped the
1382	words "National Guard," "Pearl Harbor Survivor," "Combat-wounded
1383	veteran," or "U.S. Reserve," as appropriate, followed by the
1384	serial number of the license plate. Additionally, the Purple
1385	Heart plate may have the words "Purple Heart" stamped on the
1386	plate and the likeness of the Purple Heart medal appearing on
1387	the plate.
1388	(b)  Notwithstanding any other provision of law to the
1389	contrary, beginning with fiscal year 2002-2003 and annually
1390	thereafter, the first $100,000 in general revenue generated from
1391	the sale of license plates issued under this section which are
1392	stamped with the words "National Guard," "Pearl Harbor
1393	Survivor," "Combat-wounded veteran," or "U.S. Reserve" shall be
1394	deposited into the Grants and Donations Trust Fund, as described
1395	in s. 296.38(2), to be used for the purposes established by law
1396	for that trust fund.
1397	(c)  Notwithstanding any provisions of law to the contrary,
1398	an applicant for a Pearl Harbor Survivor license plate or a
1399	Purple Heart license plate who also qualifies for a disabled
1400	veteran's license plate under s. 320.084 shall be issued the
1401	appropriate special license plate without payment of the license
1402	tax imposed by s. 320.08.
1403	(2)  Each owner or lessee of an automobile or truck for
1404	private use, truck weighing not more than 7,999 pounds, or
1405	recreational vehicle as specified in s. 320.08(9)(c) or (d),
1406	which is not used for hire or commercial use, who is a resident
1407	of the state and who is a former prisoner of war, or their
1408	unremarried surviving spouse, shall, upon application therefor
1409	to the department, be issued a license plate as provided in s.
1410	320.06, on which license plate are stamped the words "Ex-POW"
1411	followed by the serial number. Each application shall be
1412	accompanied by proof that the applicant meets the qualifications
1413	specified in paragraph (a) or paragraph (b).
1414	(a)  A citizen of the United States who served as a member
1415	of the Armed Forces of the United States or the armed forces of
1416	a nation allied with the United States who was held as a
1417	prisoner of war at such time as the Armed Forces of the United
1418	States were engaged in combat, or their unremarried surviving
1419	spouse, may be issued the special license plate provided for in
1420	this subsection without payment of the license tax imposed by s.
1421	320.08.
1422	(b)  A person who was serving as a civilian with the
1423	consent of the United States Government, or a person who was a
1424	member of the Armed Forces of the United States who was not a
1425	United States citizen and was held as a prisoner of war when the
1426	Armed Forces of the United States were engaged in combat, or
1427	their unremarried surviving spouse, may be issued the special
1428	license plate provided for in this subsection upon payment of
1429	the license tax imposed by s. 320.08.
1430	(3)  Each owner or lessee of an automobile or truck for
1431	private use, truck weighing not more than 7,999 pounds, or
1432	recreational vehicle as specified in s. 320.08(9)(c) or (d),
1433	which is not used for hire or commercial use, who is a resident
1434	of this state and who is the unremarried surviving spouse of a
1435	recipient of the Purple Heart medal shall, upon application
1436	therefor to the department, with the payment of the required
1437	fees, be issued a license plate as provided in s. 320.06, on
1438	which license plate are stamped the words "Purple Heart" and the
1439	likeness of the Purple Heart medal followed by the serial
1440	number. Each application shall be accompanied by proof that the
1441	applicant is the unremarried surviving spouse of a recipient of
1442	the Purple Heart medal.
1443	(4)  The owner or lessee of an automobile or truck for
1444	private use, a truck weighing not more than 7,999 pounds, or a
1445	recreational vehicle as specified in s. 320.08(9)(c) or (d)
1446	which automobile, truck, or recreational vehicle is not used for
1447	hire or commercial use who is a resident of the state and a
1448	current or former member of the United States military who was
1449	deployed and served in Iraq during Operation Iraqi Freedom or in
1450	Afghanistan during Operation Enduring Freedom shall, upon
1451	application to the department, accompanied by proof of active
1452	membership or former active duty status during one of these
1453	operations, and upon payment of the license tax for the vehicle
1454	as provided in s. 320.08, be issued a license plate as provided
1455	by s. 320.06 upon which, in lieu of the registration license
1456	number prescribed by s. 320.06, shall be stamped the words
1457	"Operation Iraqi Freedom" or "Operation Enduring Freedom," as
1458	appropriate, followed by the registration license number of the
1459	plate.
1460	Section 35.  Subsection (4) and paragraph (b) of subsection
1461	(9) of section 320.27, Florida Statutes, are amended to read:
1462	320.27  Motor vehicle dealers.--
1463	(4)  LICENSE CERTIFICATE.--
1464	(a)  A license certificate shall be issued by the
1465	department in accordance with such application when the
1466	application is regular in form and in compliance with the
1467	provisions of this section. The license certificate may be in
1468	the form of a document or a computerized card as determined by
1469	the department. The actual cost of each original, additional, or
1470	replacement computerized card shall be borne by the licensee and
1471	is in addition to the fee for licensure. Such license, when so
1472	issued, entitles the licensee to carry on and conduct the
1473	business of a motor vehicle dealer. Each license issued to a
1474	franchise motor vehicle dealer expires annually on December 31
1475	unless revoked or suspended prior to that date. Each license
1476	issued to an independent or wholesale dealer or auction expires
1477	annually on April 30 unless revoked or suspended prior to that
1478	date. Not less than 60 days prior to the license expiration
1479	date, the department shall deliver or mail to each licensee the
1480	necessary renewal forms. Each independent dealer shall certify
1481	that the dealer principal (owner, partner, officer of the
1482	corporation, or director of the licensee, or a full-time
1483	employee of the licensee that holds a responsible management-
1484	level position) has completed 8 hours of continuing education
1485	prior to filing the renewal forms with the department. Such
1486	certification shall be filed once every 2 years commencing with
1487	the 2006 renewal period. The continuing education shall include
1488	at least 2 hours of legal or legislative issues, 1 hour of
1489	department issues, and 5 hours of relevant motor vehicle
1490	industry topics. Continuing education shall be provided by
1491	dealer schools licensed under paragraph (b) either in a
1492	classroom setting or by correspondence. Such schools shall
1493	provide certificates of completion to the department and the
1494	customer which shall be filed with the license renewal form, and
1495	such schools may charge a fee for providing continuing
1496	education. Any licensee who does not file his or her application
1497	and fees and any other requisite documents, as required by law,
1498	with the department at least 30 days prior to the license
1499	expiration date shall cease to engage in business as a motor
1500	vehicle dealer on the license expiration date. A renewal filed
1501	with the department within 45 days after the expiration date
1502	shall be accompanied by a delinquent fee of $100. Thereafter, a
1503	new application is required, accompanied by the initial license
1504	fee. A license certificate duly issued by the department may be
1505	modified by endorsement to show a change in the name of the
1506	licensee, provided, as shown by affidavit of the licensee, the
1507	majority ownership interest of the licensee has not changed or
1508	the name of the person appearing as franchisee on the sales and
1509	service agreement has not changed. Modification of a license
1510	certificate to show any name change as herein provided shall not
1511	require initial licensure or reissuance of dealer tags; however,
1512	any dealer obtaining a name change shall transact all business
1513	in and be properly identified by that name. All documents
1514	relative to licensure shall reflect the new name. In the case of
1515	a franchise dealer, the name change shall be approved by the
1516	manufacturer, distributor, or importer. A licensee applying for
1517	a name change endorsement shall pay a fee of $25 which fee shall
1518	apply to the change in the name of a main location and all
1519	additional locations licensed under the provisions of subsection
1520	(5). Each initial license application received by the department
1521	shall be accompanied by verification that, within the preceding
1522	6 months, the applicant, or one or more of his or her designated
1523	employees, has attended a training and information seminar
1524	conducted by a licensed motor vehicle dealer training school.
1525	Any applicant for a new franchised motor vehicle dealer license
1526	who has held a valid franchised motor vehicle dealer license
1527	continuously for the past 2 years and who remains in good
1528	standing with the department is exempt from the prelicensing
1529	training requirement. Such seminar shall include, but is not
1530	limited to, statutory dealer requirements, which requirements
1531	include required bookkeeping and recordkeeping procedures,
1532	requirements for the collection of sales and use taxes, and such
1533	other information that in the opinion of the department will
1534	promote good business practices. No seminar may exceed 8 hours
1535	in length.
1536	(b)  Each initial license application received by the
1537	department for licensure under subparagraph (1)(c)2. must be
1538	accompanied by verification that, within the preceding 6 months,
1539	the applicant (owner, partner, officer of the corporation, or
1540	director of the applicant, or a full-time employee of the
1541	applicant that holds a responsible management-level position)
1542	has successfully completed training conducted by a licensed
1543	motor vehicle dealer training school.  Such training must
1544	include training in titling and registration of motor vehicles,
1545	laws relating to unfair and deceptive trade practices, laws
1546	relating to financing with regard to buy-here, pay-here
1547	operations, and such other information that in the opinion of
1548	the department will promote good business practices.  Successful
1549	completion of this training shall be determined by examination
1550	administered at the end of the course and attendance of no less
1551	than 90 percent of the total hours required by such school.  Any
1552	applicant who had held a valid motor vehicle dealer's license
1553	within the past 2 years and who remains in good standing with
1554	the department is exempt from the requirements of this
1555	paragraph. In the case of nonresident applicants, the
1556	requirement to attend such training shall be placed on any
1557	employee of the licensee who holds a responsible management-
1558	level position and who is employed full-time at the motor
1559	vehicle dealership. The department shall have the authority to
1560	adopt any rule necessary for establishing the training
1561	curriculum; length of training, which shall not exceed 8 hours
1562	for required department topics and shall not exceed an
1563	additional 24 hours for topics related to other regulatory
1564	agencies' instructor qualifications; and any other requirements
1565	under this section.  The curriculum for other subjects shall be
1566	approved by any and all other regulatory agencies having
1567	jurisdiction over specific subject matters; however, the overall
1568	administration of the licensing of these dealer schools and
1569	their instructors shall remain with the department.  Such
1570	schools are authorized to charge a fee.  This privatized method
1571	for training applicants for dealer licensing pursuant to
1572	subparagraph (1)(c)2. is a pilot program that shall be evaluated
1573	by the department after it has been in operation for a period of
1574	2 years.
1575	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1576	(b)  The department may deny, suspend, or revoke any
1577	license issued hereunder or under the provisions of s. 320.77 or
1578	s. 320.771 upon proof that a licensee has committed, with
1579	sufficient frequency so as to establish a pattern of wrongdoing
1580	on the part of a licensee, violations of one or more of the
1581	following activities:
1582	1.  Representation that a demonstrator is a new motor
1583	vehicle, or the attempt to sell or the sale of a demonstrator as
1584	a new motor vehicle without written notice to the purchaser that
1585	the vehicle is a demonstrator. For the purposes of this section,
1586	a "demonstrator," a "new motor vehicle," and a "used motor
1587	vehicle" shall be defined as under s. 320.60.
1588	2.  Unjustifiable refusal to comply with a licensee's
1589	responsibility under the terms of the new motor vehicle warranty
1590	issued by its respective manufacturer, distributor, or importer.
1591	However, if such refusal is at the direction of the
1592	manufacturer, distributor, or importer, such refusal shall not
1593	be a ground under this section.
1594	3.  Misrepresentation or false, deceptive, or misleading
1595	statements with regard to the sale or financing of motor
1596	vehicles which any motor vehicle dealer has, or causes to have,
1597	advertised, printed, displayed, published, distributed,
1598	broadcast, televised, or made in any manner with regard to the
1599	sale or financing of motor vehicles.
1600	4.  Failure by any motor vehicle dealer to provide a
1601	customer or purchaser with an odometer disclosure statement and
1602	a copy of any bona fide written, executed sales contract or
1603	agreement of purchase connected with the purchase of the motor
1604	vehicle purchased by the customer or purchaser.
1605	5.  Failure of any motor vehicle dealer to comply with the
1606	terms of any bona fide written, executed agreement, pursuant to
1607	the sale of a motor vehicle.
1608	6.  Failure to apply for transfer of a title as prescribed
1609	in s. 319.23(6).
1610	7.  Use of the dealer license identification number by any
1611	person other than the licensed dealer or his or her designee.
1612	8.  Failure to continually meet the requirements of the
1613	licensure law.
1614	9.  Representation to a customer or any advertisement to
1615	the public representing or suggesting that a motor vehicle is a
1616	new motor vehicle if such vehicle lawfully cannot be titled in
1617	the name of the customer or other member of the public by the
1618	seller using a manufacturer's statement of origin as permitted
1619	in s. 319.23(1).
1620	10.  Requirement by any motor vehicle dealer that a
1621	customer or purchaser accept equipment on his or her motor
1622	vehicle which was not ordered by the customer or purchaser.
1623	11.  Requirement by any motor vehicle dealer that any
1624	customer or purchaser finance a motor vehicle with a specific
1625	financial institution or company.
1626	12.  Requirement by any motor vehicle dealer that the
1627	purchaser of a motor vehicle contract with the dealer for
1628	physical damage insurance.
1629	13.  Perpetration of a fraud upon any person as a result of
1630	dealing in motor vehicles, including, without limitation, the
1631	misrepresentation to any person by the licensee of the
1632	licensee's relationship to any manufacturer, importer, or
1633	distributor.
1634	14.  Violation of any of the provisions of s. 319.35 by any
1635	motor vehicle dealer.
1636	15.  Sale by a motor vehicle dealer of a vehicle offered in
1637	trade by a customer prior to consummation of the sale, exchange,
1638	or transfer of a newly acquired vehicle to the customer, unless
1639	the customer provides written authorization for the sale of the
1640	trade-in vehicle prior to delivery of the newly acquired
1641	vehicle.
1642	16.  Willful failure to comply with any administrative rule
1643	adopted by the department or the provisions of s. 320.131(8).
1644	17.  Violation of chapter 319, this chapter, or ss.
1645	559.901-559.9221, which has to do with dealing in or repairing
1646	motor vehicles or mobile homes. Additionally, in the case of
1647	used motor vehicles, the willful violation of the federal law
1648	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1649	the consumer sales window form.
1650	18.  Failure to maintain evidence of notification to the
1651	owner or coowner of a vehicle regarding registration or titling
1652	fees owned as required in s. 320.02(19).
1653	19.  Failure to register a mobile home salesperson with the
1654	department as required by this section.
1655	Section 36.  Subsection (5) is added to section 320.405,
1656	Florida Statutes, to read:
1657	320.405  International Registration Plan; inspection of
1658	records; hearings.--
1659	(5)  The department may enter into an agreement for
1660	scheduling the payment of taxes or penalties owed to the
1661	department as a result of an audit assessment issued under this
1662	section.
1663	Section 37.  Subsection (1) of section 320.77 is amended,
1664	present subsections (9) through (15) are redesignated as
1665	subsections (10) through (16), respectively, and a new
1666	subsection (9) is added to that section, to read:
1667	320.77  License required of mobile home dealers.--
1668	(1)  DEFINITIONS.--As used in this section:
1669	(a)  "Dealer" means any person engaged in the business of
1670	buying, selling, or dealing in mobile homes or offering or
1671	displaying mobile homes for sale.  The term "dealer" includes a
1672	mobile home broker. Any person who buys, sells, deals in, or
1673	offers or displays for sale, or who acts as the agent for the
1674	sale of, one or more mobile homes in any 12-month period shall
1675	be prima facie presumed to be a dealer. The terms "selling" and
1676	"sale" include lease-purchase transactions. The term "dealer"
1677	does not include banks, credit unions, and finance companies
1678	that acquire mobile homes as an incident to their regular
1679	business and does not include mobile home rental and leasing
1680	companies that sell mobile homes to dealers licensed under this
1681	section. A licensed dealer may transact business in recreational
1682	vehicles with a motor vehicle auction as defined in s.
1683	320.27(1)(c)4.  Any licensed dealer dealing exclusively in
1684	mobile homes shall not have benefit of the privilege of using
1685	dealer license plates.
1686	(b)  "Mobile home broker" means any person who is engaged
1687	in the business of offering to procure or procuring used mobile
1688	homes for the general public; who holds himself or herself out
1689	through solicitation, advertisement, or otherwise as one who
1690	offers to procure or procures used mobile homes for the general
1691	public; or who acts as the agent or intermediary on behalf of
1692	the owner or seller of a used mobile home which is for sale or
1693	who assists or represents the seller in finding a buyer for the
1694	mobile home.
1695	(c)1.  "Mobile home salesperson" means a person not
1696	otherwise expressly excluded by this section who:
1697	a.  Is employed as a salesperson by a mobile home dealer,
1698	as defined in s. 320.77, or who, under any contract, agreement,
1699	or arrangement with a dealer, for a commission, money, profit,
1700	or any other thing of value, sells, exchanges, buys, or offers
1701	for sale, negotiates, or attempts to negotiate a sale or
1702	exchange of an interest in a mobile home required to be titled
1703	under this chapter;
1704	b.  Induces or attempts to induce any person to buy or
1705	exchange an interest in a mobile home required to be registered
1706	and who receives or expects to receive a commission, money,
1707	brokerage fees, profit, or any other thing of value from the
1708	seller or purchaser of the mobile home; or
1709	c.  Exercises managerial control over the business of a
1710	licensed mobile home dealer or who supervises mobile home
1711	salespersons employed by a licensed mobile home dealer, whether
1712	compensated by salary or commission, including, but not limited
1713	to, any person who is employed by the mobile home dealer as a
1714	general manager, assistant general manager, or sales manager, or
1715	any employee of a licensed mobile home dealer who negotiates
1716	with or induces a customer to enter into a security agreement or
1717	purchase agreement or purchase order for the sale of a mobile
1718	home on behalf of the licensed mobile home dealer.
1719	2.  The term does not include:
1720	a.  A representative of an insurance company or a finance
1721	company, or a public official who, in the regular course of
1722	business, is required to dispose of or sell mobile homes under a
1723	contractual right or obligation of the employer, in the
1724	performance of an official duty, or under the authority of any
1725	court if the sale is to save the seller from any loss or
1726	pursuant to the authority of a court.
1727	b.  A person who is licensed as a manufacturer,
1728	remanufacturer, transporter, distributor, or representative of
1729	mobile homes.
1730	c.  A person who is licensed as a mobile home dealer under
1731	this chapter.
1732	d.  A person not engaged in the purchase or sale of mobile
1733	homes as a business who is disposing of mobile homes acquired
1734	for his or her own use or for use in his or her business if the
1735	mobile homes were acquired and used in good faith and not for
1736	the purpose of avoiding the provisions of this chapter.
1737	(9)  Salespersons to be registered by licensees.--
1738	(a)  Each licensee shall register with the department,
1739	within 30 days after the date of hire, the name, local residence
1740	address, and home telephone number of each person employed by
1741	such licensee as a mobile home salesperson. A licensee may not
1742	provide a post office box in lieu of a physical residential
1743	address.
1744	(b)  Each time a mobile home salesperson employed by a
1745	licensee changes his residence address, the salesperson must
1746	notify the department within 20 days after the change.
1747	(c)  Quarterly, each licensee shall notify the department
1748	of the termination or separation from employment of each mobile
1749	home salesperson employed by the licensee. Each notification
1750	must be on a form prescribed by the department.
1751	Section 38.  Section 320.781, Florida Statutes, is amended
1752	to read:
1753	320.781  Mobile Home and Recreational Vehicle Protection
1754	Trust Fund.--
1755	(1)  There is hereby established a Mobile Home and
1756	Recreational Vehicle Protection Trust Fund.  The trust fund
1757	shall be administered and managed by the Department of Highway
1758	Safety and Motor Vehicles.  The expenses incurred by the
1759	department in administering this section shall be paid only from
1760	appropriations made from the trust fund.
1761	(2)  Beginning October 1, 1990, the department shall charge
1762	and collect an additional fee of $1 for each new mobile home and
1763	new recreational vehicle title transaction for which it charges
1764	a fee.  This additional fee shall be deposited into the trust
1765	fund.  The Department of Highway Safety and Motor Vehicles shall
1766	charge a fee of $40 per annual dealer and manufacturer license
1767	and license renewal, which shall be deposited into the trust
1768	fund. The sums deposited in the trust fund shall be used
1769	exclusively for carrying out the purposes of this section.
1770	These sums may be invested and reinvested by the Chief Financial
1771	Officer under the same limitations as apply to investment of
1772	other state funds, with all interest from these investments
1773	deposited to the credit of the trust fund.
1774	(3)  The trust fund shall be used to satisfy any judgment
1775	or claim by any person, as provided by this section, against a
1776	mobile home or recreational vehicle dealer or broker for
1777	damages, restitution, or expenses, including reasonable
1778	attorney's fees, resulting from a cause of action directly
1779	related to the conditions of any written contract made by him or
1780	her in connection with the sale, exchange, or improvement of any
1781	mobile home or recreational vehicle, or for any violation of
1782	chapter 319 or this chapter.
1783	(4)  The trust fund shall not be liable for any judgment,
1784	or part thereof, resulting from any tort claim except as
1785	expressly provided in subsection (3), nor for any punitive,
1786	exemplary, double, or treble damages.  A person, the state, or
1787	any political subdivision thereof may recover against the mobile
1788	home or recreational vehicle dealer, broker, or surety, jointly
1789	and severally, for such damages, restitution, or expenses;
1790	provided, however, that in no event shall the trust fund or the
1791	surety be liable for an amount in excess of actual damages,
1792	restitution, or expenses.
1793	(5)  Subject to the limitations and requirements of this
1794	section, the trust fund shall be used by the department to
1795	compensate persons who have unsatisfied judgments, or in certain
1796	limited circumstances unsatisfied claims, against a mobile home
1797	or recreational vehicle dealer or broker. The following
1798	conditions must exist for a person to be eligible to file a
1799	claim against the trust fund in one of the following situations:
1800	(a)  The claimant has obtained a final judgment that which
1801	is unsatisfied against the mobile home or recreational vehicle
1802	dealer or broker or its surety jointly and severally, or against
1803	the mobile home dealer or broker only, if the court found that
1804	the surety was not liable due to prior payment of valid claims
1805	against the bond in an amount equal to, or greater than, the
1806	face amount of the applicable bond; or the claimant is
1807	prohibited from filing a claim in a lawsuit because a bankruptcy
1808	proceeding is pending by the dealer or broker, and the claimant
1809	has filed a claim in that bankruptcy proceeding; or the dealer
1810	or broker has closed his or her business and cannot be found or
1811	located within the jurisdiction of the state; and.
1812	(b)  A claim has been made in a lawsuit against the surety
1813	and a judgment obtained is unsatisfied; a claim has been made in
1814	a lawsuit against the surety which has been stayed or discharged
1815	in a bankruptcy proceeding; or a claimant is prohibited from
1816	filing a claim in a lawsuit because a bankruptcy proceeding is
1817	pending by surety or the surety is not liable due to the prior
1818	payment of valid claims against the bond in an amount equal to,
1819	or greater than, the face amount of the applicable bond.
1820	However, a claimant may not recover against the trust fund if
1821	the claimant has recovered from the surety an amount that is
1822	equal to or greater than the total loss. The claimant has
1823	obtained a judgment against the surety of the mobile home or
1824	recreational vehicle dealer or broker that is unsatisfied.
1825	(c)  The claimant has alleged a claim against the mobile
1826	home or recreational vehicle dealer or broker in a lawsuit which
1827	has been stayed or discharged as a result of the filing for
1828	reorganization or discharge in bankruptcy by the dealer or
1829	broker, and judgment against the surety is not possible because
1830	of the bankruptcy or liquidation of the surety, or because the
1831	surety has been found by a court of competent jurisdiction not
1832	to be liable due to prior payment of valid claims against the
1833	bond in an amount equal to, or greater than, the face amount of
1834	the applicable bond.
1835	(6)  In order to recover from the trust fund, the person
1836	must file an application and verified claim with the department.
1837	(a)  If the claimant has obtained a judgment that which is
1838	unsatisfied against the mobile home or recreational vehicle
1839	dealer or broker or its surety as set forth in this section, the
1840	verified claim must specify the following:
1841	1.a.  That the judgment against the mobile home or
1842	recreational vehicle dealer or broker and its surety has been
1843	entered; or
1844	b.  That the judgment against the mobile home or
1845	recreational vehicle dealer or broker contains a specific
1846	finding that the surety has no liability, that execution has
1847	been returned unsatisfied, and that a judgment lien has been
1848	perfected;
1849	2.  The amount of actual damages broken down by category as
1850	awarded by the court or jury in the cause which resulted in the
1851	unsatisfied judgment, and the amount of attorney's fees set
1852	forth in the unsatisfied judgment;
1853	3.  The amount of payment or other consideration received,
1854	if any, from the mobile home or recreational vehicle dealer or
1855	broker or its surety;
1856	4.  The amount that may be realized, if any, from the sale
1857	of real or personal property or other assets of the judgment
1858	debtor liable to be sold or applied in satisfaction of the
1859	judgment and the balance remaining due on the judgment after
1860	application of the amount which has been realized and a
1861	certification that the claimant has made a good faith effort to
1862	collect the judgment; and
1863	5.  An assignment by the claimant of rights, title, or
1864	interest in the unsatisfied judgement lien to the department;
1865	and
1866	6.5.  Such other information as the department requires.
1867	(b)  If the claimant has alleged a claim as set forth in
1868	paragraph (5)(a) (5)(c) and for the reasons set forth therein
1869	has not been able to secure a judgment, the verified claim must
1870	contain the following:
1871	1.  A true copy of the pleadings in the lawsuit that which
1872	was stayed or discharged by the bankruptcy court and the order
1873	of the bankruptcy court staying those proceedings or a true copy
1874	of the claim that was filed in the bankruptcy court proceedings;
1875	2.  Allegations of the acts or omissions by the mobile home
1876	or recreational vehicle dealer or broker setting forth the
1877	specific acts or omissions complained of which resulted in
1878	actual damage to the person, along with the actual dollar amount
1879	necessary to reimburse or compensate the person for costs or
1880	expenses resulting from the acts or omissions of which the
1881	person complained;
1882	3.  True copies of all purchase agreements, notices,
1883	service or repair orders or papers or documents of any kind
1884	whatsoever which the person received in connection with the
1885	purchase, exchange, or lease-purchase of the mobile home or
1886	recreational vehicle from which the person's cause of action
1887	arises; and
1888	4.  An assignment by the claimant of rights, title, or
1889	interest in the claim to the department; and
1890	5.4.  Such other information as the department requires.
1891	(c)  The department may require such proof as it deems
1892	necessary to document the matters set forth in the claim.
1893	(7)  Within 90 days after receipt of the application and
1894	verified claim, the department shall issue its determination on
1895	the claim.  Such determination shall not be subject to the
1896	provisions of chapter 120, but shall be reviewable only by writ
1897	of certiorari in the circuit court in the county in which the
1898	claimant resides in the manner and within the time provided by
1899	the Florida Rules of Appellate Procedure.  The claim must be
1900	paid within 45 days after the determination, or, if judicial
1901	review is sought, within 45 days after the review becomes final.
1902	A person may not be paid an amount from the fund in excess of
1903	$25,000 per mobile home or recreational vehicle, which includes
1904	any damages, restitution, payments received as the result of a
1905	claim against the surety bond, or expenses, including reasonable
1906	attorney's fees.  Prior to payment, the person must execute an
1907	assignment to the department of all the person's rights and
1908	title to, and interest in, the unsatisfied judgment and judgment
1909	lien or the claim against the dealer or broker and its surety.
1910	(8)  The department, in its discretion and where feasible,
1911	may try to recover from the mobile home or recreational vehicle
1912	dealer or broker, or the judgment debtor or its surety, all sums
1913	paid to persons from the trust fund.  Any sums recovered shall
1914	be deposited to the credit of the trust fund. The department
1915	shall be awarded a reasonable attorney's fee for all actions
1916	taken to recover any sums paid to persons from the trust fund
1917	pursuant to this section.
1918	(9)  This section does not apply to any claim, and a person
1919	may not recover against the trust fund as the result of any
1920	claim, against a mobile home or recreational vehicle dealer or
1921	broker resulting from a cause of action directly related to the
1922	sale, lease-purchase, exchange, brokerage, or installation of a
1923	mobile home or recreational vehicle prior to July 1, 2006
1924	October 1, 1990.
1925	(10)  Neither the department, nor the trust fund shall be
1926	liable to any person for recovery if the trust fund does not
1927	have the moneys necessary to pay amounts claimed.  If the trust
1928	fund does not have sufficient assets to pay the claimant, it
1929	shall log the time and date of its determination for payment to
1930	a claimant.  If moneys become available, the department shall
1931	pay the claimant whose unpaid claim is the earliest by time and
1932	date of determination.
1933	(11)  It is unlawful for any person or his or her agent to
1934	file any notice, statement, or other document required under
1935	this section which is false or contains any material
1936	misstatement of fact.  Any person who violates this subsection
1937	is guilty of a misdemeanor of the second degree, punishable as
1938	provided in s. 775.082 or s. 775.083.
1939	Section 39.  Subsection (16) of section 322.01, Florida
1940	Statutes, is amended, and subsections (43) and (44) are added to
1941	that section, to read:
1942	322.01  Definitions.--As used in this chapter:
1943	(16)  "Driver's license" means a certificate that which,
1944	subject to all other requirements of law, authorizes an
1945	individual to drive a motor vehicle and denotes an operator's
1946	license as defined in 49 U.S.C. s. 30301.
1947	(43)  "Identification card" means a personal identification
1948	card issued by the department which conforms to the definition
1949	in 18 U.S.C. s. 1028(d).
1950	(44)  "Temporary driver's license" or "temporary
1951	identification card" means a certificate issued by the
1952	department which, subject to all other requirements of law,
1953	authorizes an individual to drive a motor vehicle and denotes an
1954	operator's license, as defined in 49 U.S.C. s. 30301, or a
1955	personal identification card issued by the department which
1956	conforms to the definition in 18 U.S.C. s. 1028(d) and denotes
1957	that the holder is permitted to stay for a short duration of
1958	time, as specified on the temporary identification card, and is
1959	not a permanent resident of the United States.
1960	Section 40.  Subsection (2) of section 322.05, Florida
1961	Statutes, is amended to read:
1962	322.05  Persons not to be licensed.--The department may not
1963	issue a license:
1964	(2)  To a person who is at least 16 years of age but is
1965	under 18 years of age unless the person meets the requirements
1966	of s. 322.091 and holds a valid:
1967	(a)  Learner's driver's license for at least 12 months,
1968	with no moving traffic convictions, before applying for a
1969	license;
1970	(b)  Learner's driver's license for at least 12 months and
1971	who has a moving traffic conviction but elects to attend a
1972	traffic driving school for which adjudication must be withheld
1973	pursuant to s. 318.14; or
1974	(c)  License that was issued in another state or in a
1975	foreign jurisdiction and that would not be subject to suspension
1976	or revocation under the laws of this state.
1977	Section 41.  Subsection (1) of section 322.051, Florida
1978	Statutes, is amended to read:
1979	322.051  Identification cards.--
1980	(1)  Any person who is 5 12 years of age or older, or any
1981	person who has a disability, regardless of age, who applies for
1982	a disabled parking permit under s. 320.0848, may be issued an
1983	identification card by the department upon completion of an
1984	application and payment of an application fee.
1985	(a)  Each such application shall include the following
1986	information regarding the applicant:
1987	1.  Full name (first, middle or maiden, and last), gender,
1988	social security card number, county of residence and mailing
1989	address, country of birth, and a brief description.
1990	2.  Proof of birth date satisfactory to the department.
1991	3.  Proof of identity satisfactory to the department. Such
1992	proof must include one of the following documents issued to the
1993	applicant:
1994	a.  A driver's license record or identification card record
1995	from another jurisdiction that required the applicant to submit
1996	a document for identification which is substantially similar to
1997	a document required under sub-subparagraph b., sub-subparagraph
1998	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
1999	f., or sub-subparagraph g.;
2000	b.  A certified copy of a United States birth certificate;
2001	c.  A United States passport;
2002	d.  A naturalization certificate issued by the United
2003	States Department of Homeland Security;
2004	e.  An alien registration receipt card (green card);
2005	f.  An employment authorization card issued by the United
2006	States Department of Homeland Security; or
2007	g.  Proof of nonimmigrant classification provided by the
2008	United States Department of Homeland Security, for an original
2009	identification card. In order to prove such nonimmigrant
2010	classification, applicants may produce but are not limited to
2011	the following documents:
2012	(I)  A notice of hearing from an immigration court
2013	scheduling a hearing on any proceeding.
2014	(II)  A notice from the Board of Immigration Appeals
2015	acknowledging pendency of an appeal.
2016	(III)  Notice of the approval of an application for
2017	adjustment of status issued by the United States Bureau of
2018	Citizenship and Immigration Services.
2019	(IV)  Any official documentation confirming the filing of a
2020	petition for asylum or refugee status or any other relief issued
2021	by the United States Bureau of Citizenship and Immigration
2022	Services.
2023	(V)  Notice of action transferring any pending matter from
2024	another jurisdiction to Florida, issued by the United States
2025	Bureau of Citizenship and Immigration Services.
2026	(VI)  Order of an immigration judge or immigration officer
2027	granting any relief that authorizes the alien to live and work
2028	in the United States including, but not limited to asylum.
2029	(VII)  Evidence that an application is pending for
2030	adjustment of status to that of an alien lawfully admitted for
2031	permanent residence in the United States or conditional
2032	permanent resident status in the United States, if a visa number
2033	is available having a current priority date for processing by
2034	the United States Bureau of Citizenship and Immigration
2035	Services.
2036
2037	Presentation of any of the documents described in sub-
2038	subparagraph f. or sub-subparagraph g. entitles the applicant to
2039	an identification card for a period not to exceed the expiration
2040	date of the document presented or 1 year 2 years, whichever
2041	first occurs.
2042	(b)  An application for an identification card must be
2043	signed and verified by the applicant in a format designated by
2044	the department before a person authorized to administer oaths.
2045	The fee for an identification card is $3, including payment for
2046	the color photograph or digital image of the applicant.
2047	(c)  Each such applicant may include fingerprints and any
2048	other unique biometric means of identity.
2049	Section 42.  Subsection (2) of section 322.08, Florida
2050	Statutes, is amended to read:
2051	322.08  Application for license.--
2052	(2)  Each such application shall include the following
2053	information regarding the applicant:
2054	(a)  Full name (first, middle or maiden, and last), gender,
2055	social security card number, county of residence and mailing
2056	address, country of birth, and a brief description.
2057	(b)  Proof of birth date satisfactory to the department.
2058	(c)  Proof of identity satisfactory to the department. Such
2059	proof must include one of the following documents issued to the
2060	applicant:
2061	1.  A driver's license record or identification card record
2062	from another jurisdiction that required the applicant to submit
2063	a document for identification which is substantially similar to
2064	a document required under subparagraph 2., subparagraph 3.,
2065	subparagraph 4., subparagraph 5., subparagraph 6., or
2066	subparagraph 7.;
2067	2.  A certified copy of a United States birth certificate;
2068	3.  A United States passport;
2069	4.  A naturalization certificate issued by the United
2070	States Department of Homeland Security;
2071	5.  An alien registration receipt card (green card);
2072	6.  An employment authorization card issued by the United
2073	States Department of Homeland Security; or
2074	7.  Proof of nonimmigrant classification provided by the
2075	United States Department of Homeland Security, for an original
2076	driver's license. In order to prove nonimmigrant classification,
2077	an applicant may produce the following documents, including, but
2078	not limited to:
2079	a.  A notice of hearing from an immigration court
2080	scheduling a hearing on any proceeding.
2081	b.  A notice from the Board of Immigration Appeals
2082	acknowledging pendency of an appeal.
2083	c.  A notice of the approval of an application for
2084	adjustment of status issued by the United States Bureau of
2085	Citizenship and Immigration Services and Naturalization Service.
2086	d.  Any official documentation confirming the filing of a
2087	petition for asylum or refugee status or any other relief issued
2088	by the United States Bureau of Citizenship and Immigration
2089	Services and Naturalization Service.
2090	e.  A notice of action transferring any pending matter from
2091	another jurisdiction to this state issued by the United States
2092	Bureau of Citizenship and Immigration Services and
2093	Naturalization Service.
2094	f.  An order of an immigration judge or immigration officer
2095	granting any relief that authorizes the alien to live and work
2096	in the United States, including, but not limited to, asylum.
2097	g.  Evidence that an application is pending for adjustment
2098	of status to that of an alien lawfully admitted for permanent
2099	residence in the United States or conditional permanent resident
2100	status in the United States, if a visa number is available
2101	having a current priority date for processing by the United
2102	States Bureau of Citizenship and Immigration Services.
2103
2104	Presentation of any of the documents in subparagraph 6. or
2105	subparagraph 7. entitles the applicant to a driver's license or
2106	temporary permit for a period not to exceed the expiration date
2107	of the document presented or 1 year 2 years, whichever occurs
2108	first.
2109	(d)  Whether the applicant has previously been licensed to
2110	drive, and, if so, when and by what state, and whether any such
2111	license or driving privilege has ever been disqualified,
2112	revoked, or suspended, or whether an application has ever been
2113	refused, and, if so, the date of and reason for such
2114	disqualification, suspension, revocation, or refusal.
2115	(e)  Each such application may include fingerprints and
2116	other unique biometric means of identity.
2117	Section 43.  Effective July 1, 2008, subsection (5) of
2118	section 322.12, Florida Statutes, is amended to read:
2119	322.12  Examination of applicants.--
2120	(5)(a)  The department shall formulate a separate
2121	examination for applicants for licenses to operate motorcycles.
2122	Any applicant for a driver's license who wishes to operate a
2123	motorcycle, and who is otherwise qualified, must successfully
2124	complete such an examination, which is in addition to the
2125	examination administered under subsection (3). The examination
2126	must test the applicant's knowledge of the operation of a
2127	motorcycle and of any traffic laws specifically relating thereto
2128	and must include an actual demonstration of his or her ability
2129	to exercise ordinary and reasonable control in the operation of
2130	a motorcycle. Any applicant who fails to pass the initial
2131	knowledge examination will incur a $5 fee for each subsequent
2132	examination, to be deposited into the Highway Safety Operating
2133	Trust Fund. Any applicant who fails to pass the initial skills
2134	examination will incur a $10 fee for each subsequent
2135	examination, to be deposited into the Highway Safety Operating
2136	Trust Fund. In the formulation of the examination, the
2137	department shall consider the use of the Motorcycle Operator
2138	Skills Test and the Motorcycle in Traffic Test offered by the
2139	Motorcycle Safety Foundation. The department shall indicate on
2140	the license of any person who successfully completes the
2141	examination that the licensee is authorized to operate a
2142	motorcycle. If the applicant wishes to be licensed to operate a
2143	motorcycle only, he or she need not take the skill or road test
2144	required under subsection (3) for the operation of a motor
2145	vehicle, and the department shall indicate such a limitation on
2146	his or her license as a restriction. Every first-time applicant
2147	for licensure to operate a motorcycle who is under 21 years of
2148	age must provide proof of completion of a motorcycle safety
2149	course, as provided for in s. 322.0255, before the applicant may
2150	be licensed to operate a motorcycle.
2151	(b)  The department may exempt any applicant from the
2152	examination provided in this subsection if the applicant
2153	presents a certificate showing successful completion of a course
2154	approved by the department, which course includes a similar
2155	examination of the knowledge and skill of the applicant in the
2156	operation of a motorcycle.
2157	Section 44.  Subsection (8) of section 322.121, Florida
2158	Statutes, is amended to read:
2159	322.121  Periodic reexamination of all drivers.--
2160	(8)  In addition to any other examination authorized by
2161	this section, an applicant for a renewal of an endorsement
2162	issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) may
2163	be required to complete successfully an examination of his or
2164	her knowledge regarding state and federal rules, regulations,
2165	and laws, governing the type of vehicle which he or she is
2166	seeking an endorsement to operate.
2167	Section 45.  Section 322.2615, Florida Statutes, is amended
2168	to read:
2169	322.2615  Suspension of license; right to review.--
2170	(1)(a)  A law enforcement officer or correctional officer
2171	shall, on behalf of the department, suspend the driving
2172	privilege of a person who is driving or in actual physical
2173	control of a motor vehicle and who has an has been arrested by a
2174	law enforcement officer for a violation of s. 316.193, relating
2175	to unlawful blood-alcohol level or breath-alcohol level of 0.08
2176	or higher, or of a person who has refused to submit to a breath,
2177	urine, or blood test or a test of his or her breath-alcohol or
2178	blood-alcohol level authorized by s. 316.1932. The officer shall
2179	take the person's driver's license and issue the person a 10-day
2180	temporary permit if the person is otherwise eligible for the
2181	driving privilege and shall issue the person a notice of
2182	suspension. If a blood test has been administered, the results
2183	of which are not available to the officer or at the time of the
2184	arrest, the agency employing the officer shall transmit such
2185	results to the department within 5 days after receipt of the
2186	results. If the department then determines that the person was
2187	arrested for a violation of s. 316.193 and that the person had a
2188	blood-alcohol level or breath-alcohol level of 0.08 or higher,
2189	the department shall suspend the person's driver's license
2190	pursuant to subsection (3).
2191	(b)  The suspension under paragraph (a) shall be pursuant
2192	to, and the notice of suspension shall inform the driver of, the
2193	following:
2194	1.a.  The driver refused to submit to a lawful breath,
2195	blood, or urine test and his or her driving privilege is
2196	suspended for a period of 1 year for a first refusal or for a
2197	period of 18 months if his or her driving privilege has been
2198	previously suspended as a result of a refusal to submit to such
2199	a test; or
2200	b.  The driver was driving or in actual physical control of
2201	a motor vehicle and had violated s. 316.193 by driving with an
2202	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2203	higher as provided in that section and his or her driving
2204	privilege is suspended for a period of 6 months for a first
2205	offense or for a period of 1 year if his or her driving
2206	privilege has been previously suspended under this section for a
2207	violation of s. 316.193.
2208	2.  The suspension period shall commence on the date of
2209	arrest or issuance of the notice of suspension, whichever is
2210	later.
2211	3.  The driver may request a formal or informal review of
2212	the suspension by the department within 10 days after the date
2213	of arrest or issuance of the notice of suspension, whichever is
2214	later.
2215	4.  The temporary permit issued at the time of suspension
2216	arrest expires will expire at midnight of the 10th day following
2217	the date of arrest or issuance of the notice of suspension,
2218	whichever is later.
2219	5.  The driver may submit to the department any materials
2220	relevant to the suspension arrest.
2221	(2)  Except as provided in paragraph (1)(a), the law
2222	enforcement officer shall forward to the department, within 5
2223	days after issuing the date of the arrest, a copy of the notice
2224	of suspension, the driver's license; of the person arrested, and
2225	a report of the arrest, including an affidavit stating the
2226	officer's grounds for belief that the person was driving or in
2227	actual physical control of a motor vehicle while under the
2228	influence of alcoholic beverages or chemical or controlled
2229	substances arrested was in violation of s. 316.193; the results
2230	of any breath or blood test or an affidavit stating that a
2231	breath, blood, or urine test was requested by a law enforcement
2232	officer or correctional officer and that the person arrested
2233	refused to submit; a copy of the citation issued to the person
2234	arrested; and the officer's description of the person's field
2235	sobriety test, if any; the notice of suspension; and a copy of
2236	the crash report, if any.  The failure of the officer to submit
2237	materials within the 5-day period specified in this subsection
2238	and in subsection (1) does shall not affect the department's
2239	ability to consider any evidence submitted at or prior to the
2240	hearing.  The officer may also submit a copy of a videotape of
2241	the field sobriety test or the attempt to administer such test.
2242	Materials submitted to the department by a law enforcement
2243	agency or correctional agency shall be considered self-
2244	authenticating and shall be in the record for consideration by
2245	the hearing officer. Notwithstanding s. 316.066(4), the crash
2246	report shall be considered by the hearing officer.
2247	(3)  If the department determines that the license of the
2248	person arrested should be suspended pursuant to this section and
2249	if the notice of suspension has not already been served upon the
2250	person by a law enforcement officer or correctional officer as
2251	provided in subsection (1), the department shall issue a notice
2252	of suspension and, unless the notice is mailed pursuant to s.
2253	322.251, a temporary permit that which expires 10 days after the
2254	date of issuance if the driver is otherwise eligible.
2255	(4)  If the person whose license was suspended arrested
2256	requests an informal review pursuant to subparagraph (1)(b)3.,
2257	the department shall conduct the informal review by a hearing
2258	officer employed by the department.  Such informal review
2259	hearing shall consist solely of an examination by the department
2260	of the materials submitted by a law enforcement officer or
2261	correctional officer and by the person whose license was
2262	suspended arrested, and the presence of an officer or witness is
2263	not required.
2264	(5)  After completion of the informal review, notice of the
2265	department's decision sustaining, amending, or invalidating the
2266	suspension of the driver's license of the person whose license
2267	was suspended arrested must be provided to such person. Such
2268	notice must be mailed to the person at the last known address
2269	shown on the department's records, or to the address provided in
2270	the law enforcement officer's report if such address differs
2271	from the address of record, within 21 days after the expiration
2272	of the temporary permit issued pursuant to subsection (1) or
2273	subsection (3).
2274	(6)(a)  If the person whose license was suspended arrested
2275	requests a formal review, the department must schedule a hearing
2276	to be held within 30 days after such request is received by the
2277	department and must notify the person of the date, time, and
2278	place of the hearing.
2279	(b)  Such formal review hearing shall be held before a
2280	hearing officer employed by the department, and the hearing
2281	officer shall be authorized to administer oaths, examine
2282	witnesses and take testimony, receive relevant evidence, issue
2283	subpoenas for the officers and witnesses identified in documents
2284	in subsection (2), regulate the course and conduct of the
2285	hearing, question witnesses, and make a ruling on the
2286	suspension. The department and the person arrested may subpoena
2287	witnesses, and the party requesting the presence of a witness
2288	shall be responsible for the payment of any witness fees and for
2289	notifying in writing the state attorney's office in the
2290	appropriate circuit of the issuance of the subpoena.  If the
2291	person who requests a formal review hearing fails to appear and
2292	the hearing officer finds such failure to be without just cause,
2293	the right to a formal hearing is waived and the suspension shall
2294	be sustained.
2295	(c)  A party may seek enforcement of a subpoena under
2296	paragraph (b) by filing a petition for enforcement in the
2297	circuit court of the judicial circuit in which the person
2298	failing to comply with the subpoena resides.  A failure to
2299	comply with an order of the court shall result in a finding of
2300	contempt of court. However, a person is shall not be in contempt
2301	while a subpoena is being challenged.
2302	(d)  The department must, within 7 working days after a
2303	formal review hearing, send notice to the person of the hearing
2304	officer's decision as to whether sufficient cause exists to
2305	sustain, amend, or invalidate the suspension.
2306	(7)  In a formal review hearing under subsection (6) or an
2307	informal review hearing under subsection (4), the hearing
2308	officer shall determine by a preponderance of the evidence
2309	whether sufficient cause exists to sustain, amend, or invalidate
2310	the suspension. The scope of the review shall be limited to the
2311	following issues:
2312	(a)  If the license was suspended for driving with an
2313	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2314	higher in violation of s. 316.193:
2315	1.  Whether the arresting law enforcement officer had
2316	probable cause to believe that the person whose license was
2317	suspended was driving or in actual physical control of a motor
2318	vehicle in this state while under the influence of alcoholic
2319	beverages or chemical or controlled substances.
2320	2.  Whether the person was placed under lawful arrest for a
2321	violation of s. 316.193.
2322	2.3.  Whether the person whose license was suspended had an
2323	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2324	higher as provided in s. 316.193.
2325	(b)  If the license was suspended for refusal to submit to
2326	a breath, blood, or urine test:
2327	1.  Whether the arresting law enforcement officer had
2328	probable cause to believe that the person whose license was
2329	suspended was driving or in actual physical control of a motor
2330	vehicle in this state while under the influence of alcoholic
2331	beverages or chemical or controlled substances.
2332	2.  Whether the person was placed under lawful arrest for a
2333	violation of s. 316.193.
2334	2.3.  Whether the person whose license was suspended
2335	refused to submit to any such test after being requested to do
2336	so by a law enforcement officer or correctional officer.
2337	3.4.  Whether the person whose license was suspended was
2338	told that if he or she refused to submit to such test his or her
2339	privilege to operate a motor vehicle would be suspended for a
2340	period of 1 year or, in the case of a second or subsequent
2341	refusal, for a period of 18 months.
2342	(8)  Based on the determination of the hearing officer
2343	pursuant to subsection (7) for both informal hearings under
2344	subsection (4) and formal hearings under subsection (6), the
2345	department shall:
2346	(a)  Sustain the suspension of the person's driving
2347	privilege for a period of 1 year for a first refusal, or for a
2348	period of 18 months if the driving privilege of such person has
2349	been previously suspended as a result of a refusal to submit to
2350	such tests, if the arrested person refused to submit to a lawful
2351	breath, blood, or urine test.  The suspension period commences
2352	on the date of the arrest or issuance of the notice of
2353	suspension, whichever is later.
2354	(b)  Sustain the suspension of the person's driving
2355	privilege for a period of 6 months for a blood-alcohol level or
2356	breath-alcohol level of 0.08 or higher violation of s. 316.193,
2357	or for a period of 1 year if the driving privilege of such
2358	person has been previously suspended under this section as a
2359	result of driving with an unlawful alcohol level a violation of
2360	s. 316.193.  The suspension period commences on the date of the
2361	arrest or issuance of the notice of suspension, whichever is
2362	later.
2363	(9)  A request for a formal review hearing or an informal
2364	review hearing shall not stay the suspension of the person's
2365	driver's license.  If the department fails to schedule the
2366	formal review hearing to be held within 30 days after receipt of
2367	the request therefor, the department shall invalidate the
2368	suspension.  If the scheduled hearing is continued at the
2369	department's initiative, the department shall issue a temporary
2370	driving permit that which shall be valid until the hearing is
2371	conducted if the person is otherwise eligible for the driving
2372	privilege. Such permit may shall not be issued to a person who
2373	sought and obtained a continuance of the hearing.  The permit
2374	issued under this subsection shall authorize driving for
2375	business or employment use only.
2376	(10)  A person whose driver's license is suspended under
2377	subsection (1) or subsection (3) may apply for issuance of a
2378	license for business or employment purposes only if the person
2379	is otherwise eligible for the driving privilege pursuant to s.
2380	322.271.
2381	(a)  If the suspension of the driver's license of the
2382	person for failure to submit to a breath, urine, or blood test
2383	is sustained, the person is not eligible to receive a license
2384	for business or employment purposes only, pursuant to s.
2385	322.271, until 90 days have elapsed after the expiration of the
2386	last temporary permit issued. If the driver is not issued a 10-
2387	day permit pursuant to this section or s. 322.64 because he or
2388	she is ineligible for the permit and the suspension for failure
2389	to submit to a breath, urine, or blood test is not invalidated
2390	by the department, the driver is not eligible to receive a
2391	business or employment license pursuant to s. 322.271 until 90
2392	days have elapsed from the date of the suspension.
2393	(b)  If the suspension of the driver's license of the
2394	person arrested for a violation of s. 316.193, relating to
2395	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2396	higher, is sustained, the person is not eligible to receive a
2397	license for business or employment purposes only pursuant to s.
2398	322.271 until 30 days have elapsed after the expiration of the
2399	last temporary permit issued. If the driver is not issued a 10-
2400	day permit pursuant to this section or s. 322.64 because he or
2401	she is ineligible for the permit and the suspension for a
2402	violation of s. 316.193, relating to unlawful blood-alcohol
2403	level or breath-alcohol level of 0.08 or higher, is not
2404	invalidated by the department, the driver is not eligible to
2405	receive a business or employment license pursuant to s. 322.271
2406	until 30 days have elapsed from the date of the suspension
2407	arrest.
2408	(11)  The formal review hearing may be conducted upon a
2409	review of the reports of a law enforcement officer or a
2410	correctional officer, including documents relating to the
2411	administration of a breath test or blood test or the refusal to
2412	take either test or the refusal to take a urine test. However,
2413	as provided in subsection (6), the driver may subpoena the
2414	officer or any person who administered or analyzed a breath or
2415	blood test.
2416	(12)  The formal review hearing and the informal review
2417	hearing are exempt from the provisions of chapter 120.  The
2418	department may is authorized to adopt rules for the conduct of
2419	reviews under this section.
2420	(13)  A person may appeal any decision of the department
2421	sustaining a suspension of his or her driver's license by a
2422	petition for writ of certiorari to the circuit court in the
2423	county wherein such person resides or wherein a formal or
2424	informal review was conducted pursuant to s. 322.31. However, an
2425	appeal shall not stay the suspension. A law enforcement agency
2426	may appeal any decision of the department invalidating a
2427	suspension by a petition for writ of certiorari to the circuit
2428	court in the county wherein a formal or informal review was
2429	conducted. This subsection shall not be construed to provide for
2430	a de novo appeal.
2431	(14)(a)  The decision of the department under this section
2432	or any circuit court review thereof may not be considered in any
2433	trial for a violation of s. 316.193, and a written statement
2434	submitted by a person in his or her request for departmental
2435	review under this section may not be admitted into evidence
2436	against him or her in any such trial.
2437	(b)  The disposition of any related criminal proceedings
2438	does not affect a suspension for refusal to submit to a blood,
2439	breath, or urine test, authorized by s. 316.1932 or s. 316.1933,
2440	imposed under this section.
2441	(15)  If the department suspends a person's license under
2442	s. 322.2616, it may not also suspend the person's license under
2443	this section for the same episode that was the basis for the
2444	suspension under s. 322.2616.
2445	(16)  The department shall invalidate a suspension for
2446	driving with an unlawful blood-alcohol level or breath-alcohol
2447	level imposed under this section if the suspended person is
2448	found not guilty at trial of an underlying violation of s.
2449	316.193.
2450	Section 46.  (1)  The Department of Highway Safety and
2451	Motor Vehicles shall study the outsourcing of its driver license
2452	services and shall make recommendations to the Governor, the
2453	President of the Senate, and the Speaker of the House of
2454	Representatives by January 1, 2007. As used in this section, the
2455	term "outsourcing" means the process of contracting with an
2456	external service provider or other governmental agency to
2457	provide a service, in whole or in part, while the department
2458	retains the responsibility and accountability for the service.
2459	(2)  As part of its study, the department shall provide a
2460	description of the services to be outsourced. Types of issues
2461	for the department to consider must include, but need not be
2462	limited to:
2463	(a)  A detailed description of the service to be outsourced
2464	and a description and analysis of the department's current
2465	performance of the service.
2466	(b)  A cost-benefit analysis describing the estimated
2467	specific direct and indirect costs or savings; performance
2468	improvements, including reduced wait times at driver license
2469	offices; risks; and qualitative and quantitative benefits
2470	involved in or resulting from outsourcing the service. The cost-
2471	benefit analysis must include a detailed plan and timeline
2472	identifying all actions that must be implemented to realize the
2473	expected benefits.
2474	(c)  A statement of the potential effect on applicable
2475	federal, state, and local revenues and expenditures. The
2476	statement must specifically describe the effect on general
2477	revenue, trust funds, general revenue service charges, and
2478	interest on trust funds, together with the potential direct or
2479	indirect effect on federal funding and cost allocations.
2480	(d)  A plan to ensure compliance with public-records law.
2481	(e)  A transition and implementation plan for addressing
2482	changes in the number of department personnel, affected business
2483	processes, and employee-transition issues. Such a plan must also
2484	specify the mechanism for continuing the operation of the
2485	service if the contractor fails to perform or comply with the
2486	performance standards and provisions of the contract. Within
2487	this plan, the department shall identify all resources,
2488	including full-time equivalent positions, which are subject to
2489	outsourcing.
2490	Section 47.  Subsection (1) of section 627.733, Florida
2491	Statutes, is amended to read:
2492	627.733  Required security.--
2493	(1)(a)  Every owner or registrant of a motor vehicle, other
2494	than a motor vehicle used as a taxicab, school bus as defined in
2495	s. 1006.25, or limousine, required to be registered and licensed
2496	in this state shall maintain security as required by subsection
2497	(3) in effect continuously throughout the registration or
2498	licensing period.
2499	(b)  Every owner or registrant of a motor vehicle used as a
2500	taxicab shall not be governed by paragraph (1)(a) but shall
2501	maintain security as required under s. 324.032(1), and s.
2502	627.737 shall not apply to any motor vehicle used as a taxicab.
2503	Section 48.  Subsection (1) of section 324.032, Florida
2504	Statutes, is amended to read:
2505	324.032  Manner of proving financial responsibility; for-
2506	hire passenger transportation vehicles.--Notwithstanding the
2507	provisions of s. 324.031:
2508	(1)(a)  A person who is either the owner or a lessee
2509	required to maintain insurance under s. 627.733(1)(b) s.
2510	324.021(9)(b) and who operates one or more taxicabs, limousines,
2511	jitneys, or any other for-hire passenger transportation vehicles
2512	may prove financial responsibility by furnishing satisfactory
2513	evidence of holding a motor vehicle liability policy as defined
2514	in s. 324.031, but with minimum limits of
2515	$125,000/250,000/50,000.
2516	(b)  A person who is either the owner or a lessee required
2517	to maintain insurance under s. 324.021(9)(b) and who operates
2518	limousines, jitneys, or any other for-hire passenger vehicles,
2519	other than taxicabs, may prove financial responsibility by
2520	furnishing satisfactory evidence of holding a motor vehicle
2521	liability policy as defined in s. 324.031.
2522
2523	Upon request by the department, the applicant must provide the
2524	department at the applicant's principal place of business in
2525	this state access to the applicant's underlying financial
2526	information and financial statements that provide the basis of
2527	the certified public accountant's certification. The applicant
2528	shall reimburse the requesting department for all reasonable
2529	costs incurred by it in reviewing the supporting information.
2530	The maximum amount of self-insurance permissible under this
2531	subsection is $300,000 and must be stated on a per-occurrence
2532	basis, and the applicant shall maintain adequate excess
2533	insurance issued by an authorized or eligible insurer licensed
2534	or approved by the Office of Insurance Regulation. All risks
2535	self-insured shall remain with the owner or lessee providing it,
2536	and the risks are not transferable to any other person, unless a
2537	policy complying with subsection (1) is obtained.
2538	Section 49.  Section 318.1215, Florida Statutes, is amended
2539	to read:
2540	318.1215  Dori Slosberg Driver Education Safety Act.--
2541	Effective October 1, 2002, Notwithstanding the provisions of s.
2542	318.121, a board of county commissioners may require, by
2543	ordinance, that the clerk of the court collect an additional $5
2544	$3 with each civil traffic penalty, which shall be used to fund
2545	driver education programs in public and nonpublic schools. The
2546	ordinance shall provide for the board of county commissioners to
2547	administer the funds, which shall be used for enhancement, and
2548	not replacement, of driver education program funds. The funds
2549	shall be used for direct educational expenses and shall not be
2550	used for administration. Each driver education program receiving
2551	funds pursuant to this section shall require that a minimum of
2552	30 percent of a student's time in the program be behind-the-
2553	wheel training. This section may be cited as the "Dori Slosberg
2554	Driver Education Safety Act."
2555	Section 50.  Subsection (1) of section 316.083, Florida
2556	Statutes, is amended to read:
2557	316.083  Overtaking and passing a vehicle.--The following
2558	rules shall govern the overtaking and passing of vehicles
2559	proceeding in the same direction, subject to those limitations,
2560	exceptions, and special rules hereinafter stated:
2561	(1)  The driver of a vehicle overtaking another vehicle
2562	proceeding in the same direction shall give an appropriate
2563	signal as provided for in s. 316.156, shall pass to the left
2564	thereof at a safe distance, and shall not again drive to the
2565	right side of the roadway until safely clear of the overtaken
2566	vehicle. The driver of a vehicle overtaking a bicycle or other
2567	nonmotorized vehicle must pass the bicycle or other nonmotorized
2568	vehicle at a safe distance of not less than 3 feet between the
2569	vehicle and the bicycle or other nonmotorized vehicle.
2570	Section 51.  Except as otherwise expressly provided in this
2571	act, this act shall take effect October 1, 2006.

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