1 | A bill to be entitled |
2 | An act relating to highway safety and motor vehicles; |
3 | providing for the implementation of a certain litigation |
4 | settlement; providing eligibility and procedures to |
5 | collect a credit on new or renewal registrations; |
6 | providing a funding mechanism for the credit; requiring |
7 | the credit amounts to be deducted from specified moneys |
8 | deposited into the General Revenue Fund; authorizing |
9 | recipients to return the credit; providing that the |
10 | credits are contingent on court approval of a final |
11 | settlement; providing for expiration; reenacting and |
12 | amending s. 20.24, F.S., relating to creation and |
13 | organization of the Department of Highway Safety and Motor |
14 | Vehicles; removing a provision for a Bureau of Motor |
15 | Vehicle Inspection within the department; amending s. |
16 | 316.003, F.S.; revising the definition of the term |
17 | "motorcycle" to include tri-vehicles; defining the term |
18 | "tri-vehicle" for purposes of the Florida Uniform Traffic |
19 | Control Law; amending s. 316.0741, F.S.; revising the |
20 | definition of the term "hybrid vehicle" to include tri- |
21 | vehicles that are inherently low-emission vehicles; |
22 | amending s. 316.126, F.S.; requiring drivers of vehicles |
23 | to behave in a specified fashion when approaching |
24 | emergency vehicles or wreckers; amending s. 316.2085, |
25 | F.S.; revising requirements for motorcycle and moped |
26 | license tags; prohibiting devices and methods that conceal |
27 | or obscure the license tag; amending s. 316.2122, F.S.; |
28 | authorizing mini truck operation on local roads and urban |
29 | minor arterial roads with specified restrictions; amending |
30 | s. 319.30, F.S.; revising the definitions of the terms |
31 | "certificate of title," "derelict motor vehicle," and |
32 | "derelict motor vehicle certificate"; defining the term |
33 | "seller"; revising provisions for a derelict motor vehicle |
34 | to be dismantled or converted to scrap metal; requiring |
35 | derelict vehicle certificate applications received by |
36 | salvage motor vehicle dealers and secondary metals |
37 | recyclers to contain the identification card number of the |
38 | seller or owner; providing that towing operators may not |
39 | use a derelict motor vehicle certificate application to |
40 | transport, sell, or dispose of a motor vehicle at a |
41 | salvage motor vehicle dealer or metal recycler without |
42 | obtaining the title or certificate of destruction; |
43 | providing penalties; amending s. 320.01, F.S.; revising |
44 | the definition of the term "motorcycle"; defining the term |
45 | "mini truck"; amending s. 320.08, F.S.; providing an |
46 | annual license tax for the operation of tri-vehicles; |
47 | creating s. 320.0847, F.S.; providing for issuance of |
48 | license plates for low-speed vehicles and mini trucks; |
49 | amending s. 320.0848, F.S.; providing that a certifying |
50 | physician may sign a parking permit application on behalf |
51 | of a disabled person unable to physically visit a driver |
52 | license or tax collector's office; amending s. 322.01, |
53 | F.S.; revising the definition of the term "motorcycle" to |
54 | include tri-vehicles; defining the term "tri-vehicle" as |
55 | used in provisions for driver's licenses; amending s. |
56 | 322.0261, F.S.; requiring the department to screen crash |
57 | reports to identify a third crash by the same operator |
58 | within a specified period after the driver's first crash; |
59 | requiring a driver who is convicted of or who pleads nolo |
60 | contendere to a traffic offense giving rise to three or |
61 | more crashes within a specified period to attend a |
62 | department-approved driver improvement course in order to |
63 | maintain his or her driving privileges; providing for |
64 | content of the driving course; requiring successful |
65 | completion of a behind-the-wheel examination; requiring |
66 | that the department cancel an operator's driver's license |
67 | if the operator fails to complete the course within a |
68 | specified time; amending s. 322.03, F.S.; providing for |
69 | part-time residents of the state to be issued a license |
70 | that is valid within this state only and continue to hold |
71 | such license until the next regularly scheduled renewal; |
72 | providing a termination date for Florida-only licenses; |
73 | amending s. 322.08, F.S.; prohibiting the department from |
74 | issuing a driver's license or identification card to an |
75 | applicant if the applicant holds a valid driver's license |
76 | or identification card issued by any state; amending s. |
77 | 322.125, F.S.; directing the department to adopt rules |
78 | with respect to its Medical Advisory Board; amending s. |
79 | 322.271, F.S.; authorizing the department to modify a |
80 | revocation, cancellation, or suspension order; providing |
81 | that the department may waive the hearing process for |
82 | suspensions and revocations upon request by the driver |
83 | under certain circumstances; amending s. 322.64, F.S.; |
84 | providing for disqualification of a driver of a commercial |
85 | motor vehicle for certain violations; providing effective |
86 | dates. |
87 |
|
88 | Be It Enacted by the Legislature of the State of Florida: |
89 |
|
90 | Section 1. Implementation of litigation settlement |
91 | provisions of Collier v. Dickinson.-- |
92 | (1) Any person who held a driver's license, identification |
93 | card, or motor vehicle registration that was valid between June |
94 | 1, 2000, and September 30, 2004, is eligible to receive a single |
95 | $1 credit on a new or renewed motor vehicle registration between |
96 | July 1, 2009, and June 30, 2010. |
97 | (2) Notwithstanding the provisions of s. 320.08046, |
98 | Florida Statutes, the 58 percent of the surcharge levied under |
99 | s. 320.08046, Florida Statutes, that is to be deposited into the |
100 | General Revenue Fund pursuant to that section shall be used to |
101 | fund the $1 credit authorized in subsection (1). |
102 | (3) Eligible recipients may elect to return their credit. |
103 | (4) The Department of Highway Safety and Motor Vehicles |
104 | may only allow the credits authorized in subsection (1) if the |
105 | United States District Court for the Southern District of |
106 | Florida grants an order finally approving the settlement |
107 | agreement in Collier, et al. v. Dickinson, et al., case number |
108 | 04-21351-DV-JEM. |
109 | (5) This section takes effect upon this act becoming a law |
110 | and expires July 1, 2011. |
111 | Section 2. Section 20.24, Florida Statutes, is reenacted |
112 | and amended to read: |
113 | 20.24 Department of Highway Safety and Motor |
114 | Vehicles.--There is created a Department of Highway Safety and |
115 | Motor Vehicles. |
116 | (1) The head of the Department of Highway Safety and Motor |
117 | Vehicles is the Governor and Cabinet. |
118 | (2) The following divisions, and bureaus within the |
119 | divisions, of the Department of Highway Safety and Motor |
120 | Vehicles are established: |
121 | (a) Division of the Florida Highway Patrol. |
122 | (b) Division of Driver Licenses. |
123 | (c) Division of Motor Vehicles. |
124 | 1. Bureau of Motor Vehicle Inspection. |
125 | Section 3. Section 320.08046, Florida Statutes, reads: |
126 | 320.08046 Surcharge on license tax; General Revenue |
127 | Fund.--There is levied on each license tax imposed under s. |
128 | 320.08, except those set forth in s. 320.08(11), a surcharge in |
129 | the amount of $1, which shall be collected in the same manner as |
130 | the license tax. Of the proceeds of the license tax surcharge, |
131 | 58 percent shall be deposited into the General Revenue Fund and |
132 | 42 percent shall be deposited into the Grants and Donations |
133 | Trust Fund in the Department of Juvenile Justice to fund the |
134 | community juvenile justice partnership grants program. |
135 | Section 4. Effective September 1, 2009, subsection (22) of |
136 | section 316.003, Florida Statutes, is amended, and subsection |
137 | (86) is added to that section, to read: |
138 | 316.003 Definitions.--The following words and phrases, |
139 | when used in this chapter, shall have the meanings respectively |
140 | ascribed to them in this section, except where the context |
141 | otherwise requires: |
142 | (22) MOTORCYCLE.--Any motor vehicle having a seat or |
143 | saddle for the use of the rider and designed to travel on not |
144 | more than three wheels in contact with the ground, but excluding |
145 | a tractor, or a moped, or tri-vehicle. |
146 | (86) TRI-VEHICLE.--An enclosed three-wheeled passenger |
147 | vehicle that is designed to operate with three wheels in contact |
148 | with the ground; has a minimum unladen weight of 900 pounds; has |
149 | a single, completely enclosed, occupant compartment; is produced |
150 | by its manufacturer in a minimum quantity of 300 in any calendar |
151 | year; and is equipped with: |
152 | (a) Seats that are certified by the vehicle manufacturer |
153 | to meet the requirements of Federal Motor Vehicle Safety |
154 | Standard No. 207, Seating Systems, Title 49, C.F.R. s. 571.207. |
155 | (b) A steering wheel used to maneuver the vehicle. |
156 | (c) A propulsion unit located either forward or aft of the |
157 | enclosed occupant compartment. |
158 | (d) A seat belt for each vehicle occupant certified to |
159 | meet the requirements of Federal Motor Vehicle Safety Standard |
160 | No. 209, Seat Belt Assemblies, Title 49, C.F.R. s. 571.209. |
161 | (e) A windshield and appropriate windshield wipers meeting |
162 | the requirements of Federal Motor Vehicle Safety Standard No. |
163 | 205, Glazing Materials, Title 49, C.F.R. s. 571.205 and Federal |
164 | Motor Vehicle Safety Standard No. 212, Windshield Wiper |
165 | Assemblies, Title 49, C.F.R. s. 571.212. |
166 | (f) A vehicle structure certified by the vehicle |
167 | manufacturer to meet the requirements of Federal Motor Vehicle |
168 | Safety Standard No. 216, Roof Crush Resistance, Title 49, C.F.R. |
169 | s. 571.216. |
170 | Section 5. Effective September 1, 2009, subsection (1) of |
171 | section 316.0741, Florida Statutes, is amended to read: |
172 | 316.0741 High-occupancy-vehicle lanes.-- |
173 | (1) As used in this section, the term: |
174 | (a) "High-occupancy-vehicle lane" or "HOV lane" means a |
175 | lane of a public roadway designated for use by vehicles in which |
176 | there is more than one occupant unless otherwise authorized by |
177 | federal law. |
178 | (b) "Hybrid vehicle" means a motor vehicle: |
179 | 1. That draws propulsion energy from onboard sources of |
180 | stored energy which are both an internal combustion or heat |
181 | engine using combustible fuel and a rechargeable energy-storage |
182 | system; and |
183 | 2. That, in the case of a passenger automobile or light |
184 | truck, has received a certificate of conformity under the Clean |
185 | Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the |
186 | equivalent qualifying California standards for a low-emission |
187 | vehicle; or |
188 | 2. That, in the case of a tri-vehicle, is an inherently |
189 | low-emission vehicle (ILEV) in accordance with subsection (4). |
190 | Section 6. Subsection (1) of section 316.126, Florida |
191 | Statutes, is amended to read: |
192 | 316.126 Operation of vehicles and actions of pedestrians |
193 | on approach of authorized emergency vehicle.-- |
194 | (1)(a) Upon the immediate approach of an authorized |
195 | emergency vehicle, while en route to meet an existing emergency, |
196 | the driver of every other vehicle shall, when such emergency |
197 | vehicle is giving audible signals by siren, exhaust whistle, or |
198 | other adequate device, or visible signals by the use of |
199 | displayed blue or red lights, yield the right-of-way to the |
200 | emergency vehicle and shall immediately proceed to a position |
201 | parallel to, and as close as reasonable to the closest edge of |
202 | the curb of the roadway, clear of any intersection and shall |
203 | stop and remain in position until the authorized emergency |
204 | vehicle has passed, unless otherwise directed by any law |
205 | enforcement officer. |
206 | (b) When an authorized emergency vehicle making use of any |
207 | visual signals is parked or a wrecker displaying amber rotating |
208 | or flashing lights is performing a recovery or loading on the |
209 | roadside, the driver of every other vehicle, as soon as it is |
210 | safe: |
211 | 1. Shall vacate the lane closest to the emergency vehicle |
212 | or wrecker when driving on an interstate highway or other |
213 | highway with two or more lanes traveling in the direction of the |
214 | emergency vehicle or wrecker, except when otherwise directed by |
215 | a law enforcement officer. If such movement cannot be safely |
216 | accomplished, the driver shall reduce speed as provided in |
217 | subparagraph 2. |
218 | 2. Shall slow to a speed that is 20 miles per hour less |
219 | than the posted speed limit when the posted speed limit is 25 |
220 | miles per hour or greater; or travel at 5 miles per hour when |
221 | the posted speed limit is 20 miles per hour or less, when |
222 | driving on a two-lane road, except when otherwise directed by a |
223 | law enforcement officer. |
224 | (c) The Department of Highway Safety and Motor Vehicles |
225 | shall provide an educational awareness campaign informing the |
226 | motoring public about the Move Over Act. The department shall |
227 | provide information about the Move Over Act in all newly printed |
228 | driver's license educational materials after July 1, 2002. |
229 |
|
230 | This section does shall not relieve the driver of an authorized |
231 | emergency vehicle from the duty to drive with due regard for the |
232 | safety of all persons using the highway. |
233 | Section 7. Subsection (3) of section 316.2085, Florida |
234 | Statutes, is amended to read: |
235 | 316.2085 Riding on motorcycles or mopeds.-- |
236 | (3) The license tag of a motorcycle or moped must be |
237 | permanently affixed horizontally to the vehicle ground and may |
238 | not be adjusted or capable of being flipped up. A device for or |
239 | method of concealing or obscuring the legibility of the license |
240 | tag of a motorcycle may not be installed or used. |
241 | Section 8. Section 316.2122, Florida Statutes, is amended |
242 | to read: |
243 | 316.2122 Operation of a low-speed vehicle or mini truck on |
244 | certain roadways.--The operation of a low-speed vehicle, as |
245 | defined in s. 320.01(42), or a mini truck as defined in s. |
246 | 320.01(45) on any road as defined in s. 334.03(15) or (33), is |
247 | authorized with the following restrictions: |
248 | (1) A low-speed vehicle or mini truck may be operated only |
249 | on streets where the posted speed limit is 35 miles per hour or |
250 | less. This does not prohibit a low-speed vehicle or mini truck |
251 | from crossing a road or street at an intersection where the road |
252 | or street has a posted speed limit of more than 35 miles per |
253 | hour. |
254 | (2) A low-speed vehicle must be equipped with headlamps, |
255 | stop lamps, turn signal lamps, taillamps, reflex reflectors, |
256 | parking brakes, rearview mirrors, windshields, seat belts, and |
257 | vehicle identification numbers. |
258 | (3) A low-speed vehicle or mini truck must be registered |
259 | and insured in accordance with s. 320.02 and titled pursuant to |
260 | chapter 319. |
261 | (4) Any person operating a low-speed vehicle or mini truck |
262 | must have in his or her possession a valid driver's license. |
263 | (5) A county or municipality may prohibit the operation of |
264 | low-speed vehicles or mini trucks on any road under its |
265 | jurisdiction if the governing body of the county or municipality |
266 | determines that such prohibition is necessary in the interest of |
267 | safety. |
268 | (6) The Department of Transportation may prohibit the |
269 | operation of low-speed vehicles or mini trucks on any road under |
270 | its jurisdiction if it determines that such prohibition is |
271 | necessary in the interest of safety. |
272 | Section 9. Effective July 1, 2009, paragraphs (c), (e), |
273 | and (f) of subsection (1), paragraphs (b) and (c) of subsection |
274 | (2), and paragraph (a) of subsection (7) of section 319.30, |
275 | Florida Statutes, are amended, paragraphs (f) and (g) of |
276 | subsection (8) are redesignated as paragraphs (g) and (h), |
277 | respectively, a new paragraph (f) is added to subsection (8), |
278 | and paragraph (v) is added to subsection (1) of that section, to |
279 | read: |
280 | 319.30 Definitions; dismantling, destruction, change of |
281 | identity of motor vehicle or mobile home; salvage.-- |
282 | (1) As used in this section, the term: |
283 | (c) "Certificate of title" means a record that serves as |
284 | evidence of ownership of a vehicle, whether such record is a |
285 | paper certificate authorized by the department or by another |
286 | motor vehicle department authorized to issue titles in another |
287 | state or a certificate consisting of information stored in |
288 | electronic form in the department's database. |
289 | (e) "Derelict motor vehicle" means any motor vehicle as |
290 | defined in s. 320.01(1) or mobile home as defined in s. |
291 | 320.01(2), with or without all parts, major parts, or major |
292 | component parts, which is valued under $1,000, is at least 10 |
293 | model years old beginning with the model year of the vehicle |
294 | being year 1, and is in such condition that its highest or |
295 | primary value is for sale, transport, or delivery to a licensed |
296 | salvage motor vehicle dealer or registered secondary metals |
297 | recycler for dismantling its component parts or conversion to |
298 | scrap metal. |
299 | (f) "Derelict motor vehicle certificate" means a |
300 | certificate issued by the department which serves as evidence |
301 | that a derelict motor vehicle will be dismantled or converted to |
302 | scrap metal. The certificate is obtained by completing a |
303 | derelict motor vehicle certificate application authorized by the |
304 | department completed by the derelict motor vehicle owner, the |
305 | owner's authorized transporter when different from the owner, |
306 | and the licensed salvage motor vehicle dealer or the registered |
307 | secondary metals recycler and submitted to the department for |
308 | cancellation of the title record of the derelict motor vehicle. |
309 | A derelict motor vehicle certificate may be reassigned only one |
310 | time if the derelict motor vehicle certificate was completed by |
311 | a licensed salvage motor vehicle dealer and the derelict motor |
312 | vehicle was sold to a secondary metals recycler. |
313 | (v) "Seller" means a person who has physical possession of |
314 | and responsibility for a derelict motor vehicle and attests that |
315 | all attempts to locate the lawful titled owner have been |
316 | exhausted. A seller does not include a towing company, a repair |
317 | shop, or a landlord unless such company, shop, or landlord has |
318 | obtained a certificate of title, salvage certificate of title, |
319 | or certificate of destruction in its own name. |
320 | (2) |
321 | (b)1. When a motor vehicle, recreational vehicle, or |
322 | mobile home is sold, transported, or delivered to a salvage |
323 | motor vehicle dealer, it shall be accompanied by: |
324 | a. A valid certificate of title issued in the name of the |
325 | seller or properly endorsed, as required in s. 319.22, over to |
326 | the seller; |
327 | b. A valid salvage certificate of title issued in the name |
328 | of the seller or properly endorsed, as required in s. 319.22, |
329 | over to the seller; or |
330 | c. A valid certificate of destruction issued in the name |
331 | of the seller or properly endorsed over to the seller. |
332 | 2. Any person who willfully and deliberately violates this |
333 | paragraph by selling, transporting, delivering, purchasing, or |
334 | receiving a motor vehicle, recreational vehicle, or mobile home |
335 | without obtaining a properly endorsed certificate of title, |
336 | salvage certificate of title, or certificate of destruction from |
337 | the owner commits a felony of the third degree, punishable as |
338 | provided in s. 775.082, s. 775.083, or s. 775.084. |
339 | (c)1. When a derelict motor vehicle is sold, transported, |
340 | or delivered to a licensed salvage motor vehicle dealer, the |
341 | purchaser shall record the date of purchase and the name, |
342 | address, and personal identification card number of the person |
343 | selling the derelict motor vehicle, and it shall be accompanied |
344 | by: |
345 | a. A valid certificate of title issued in the name of the |
346 | seller or properly endorsed, as required in s. 319.22, over to |
347 | the seller; |
348 | b. A valid salvage certificate of title issued in the name |
349 | of the seller or properly endorsed, as required in s. 319.22, |
350 | over to the seller; or |
351 | c. A valid certificate of destruction issued in the name |
352 | of the seller or properly endorsed over to the seller. |
353 | 2. If the certificate of title, salvage certificate of |
354 | title, or certificate of destruction is not available, a |
355 | derelict motor vehicle certificate application shall be |
356 | completed by the seller or owner of the motor vehicle or mobile |
357 | home, the seller's or owner's authorized transporter, and the |
358 | licensed salvage motor vehicle dealer at the time of sale, |
359 | transport, or delivery to the licensed salvage motor vehicle |
360 | dealer. The derelict motor vehicle certificate application shall |
361 | be used by the seller or owner, the seller's or owner's |
362 | authorized transporter, and the licensed salvage motor vehicle |
363 | dealer to obtain a derelict motor vehicle certificate from the |
364 | department. The identifying number on the personal |
365 | identification card of the seller or owner must be recorded on |
366 | the derelict motor vehicle certificate application. The derelict |
367 | motor vehicle certificate application must be accompanied by a |
368 | copy of the seller's or owner's personal identification card if |
369 | the personal identification card is not a driver's license or |
370 | identification card issued by this state. The licensed salvage |
371 | motor vehicle dealer shall secure the motor vehicle or mobile |
372 | home for 3 full business days, excluding weekends and holidays, |
373 | before destroying or dismantling the derelict motor vehicle and |
374 | shall follow all reporting procedures established by the |
375 | department, including electronic notification to the department |
376 | or delivery of the original derelict motor vehicle certificate |
377 | application to an agent of the department within 24 hours after |
378 | receiving the derelict motor vehicle. |
379 | 3. Any person who willfully and deliberately violates this |
380 | paragraph by selling, transporting, delivering, purchasing, or |
381 | receiving a derelict motor vehicle without obtaining a |
382 | certificate of title, salvage certificate of title, certificate |
383 | of destruction, or derelict motor vehicle certificate |
384 | application; enters false or fictitious information on a |
385 | derelict motor vehicle certificate application; does not |
386 | complete the derelict motor vehicle certificate application as |
387 | required; does not obtain a copy of the seller's or owner's |
388 | personal identification card when required; or does not make the |
389 | required notification to the department; or destroys or |
390 | dismantles a derelict motor vehicle without waiting the required |
391 | 3 full business days commits a felony of the third degree, |
392 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
393 | (7)(a) In the event of a purchase by a secondary metals |
394 | recycler, that has been issued a certificate of registration |
395 | number, of: |
396 | 1. Materials, prepared materials, or parts from any seller |
397 | for purposes other than the processing of such materials, |
398 | prepared materials, or parts, the purchaser shall obtain such |
399 | documentation as may be required by this section and shall |
400 | record the seller's name and address, date of purchase, and the |
401 | personal identification card number of the person delivering |
402 | such items. |
403 | 2. Parts or prepared materials from any seller for |
404 | purposes of the processing of such parts or prepared materials, |
405 | the purchaser shall record the seller's name and address and |
406 | date of purchase and, in the event of a purchase transaction |
407 | consisting primarily of parts or prepared materials, the |
408 | personal identification card number of the person delivering |
409 | such items. |
410 | 3. Materials from another secondary metals recycler for |
411 | purposes of the processing of such materials, the purchaser |
412 | shall record the seller's name and address and date of purchase. |
413 | 4.a. Motor vehicles, recreational vehicles, mobile homes, |
414 | or derelict motor vehicles from other than a secondary metals |
415 | recycler for purposes of the processing of such motor vehicles, |
416 | recreational vehicles, mobile homes, or derelict motor vehicles, |
417 | the purchaser shall record the date of purchase and the name, |
418 | address, and personal identification card number of the person |
419 | selling such items and shall obtain the following documentation |
420 | from the seller with respect to each item purchased: |
421 | (I) A valid certificate of title issued in the name of the |
422 | seller or properly endorsed, as required in s. 319.22, over to |
423 | the seller; |
424 | (II) A valid salvage certificate of title issued in the |
425 | name of the seller or properly endorsed, as required in s. |
426 | 319.22, over to the seller; |
427 | (III)(II) A valid certificate of destruction issued in the |
428 | name of the seller or properly endorsed over to the seller; or |
429 | (IV)(III) A valid derelict motor vehicle certificate |
430 | obtained from the department completed by a licensed salvage |
431 | motor vehicle dealer and properly reassigned to the secondary |
432 | metals recycler. |
433 | b. If a valid certificate of title, salvage certificate of |
434 | title, certificate of destruction, or derelict motor vehicle |
435 | certificate is not available and the motor vehicle or mobile |
436 | home is a derelict motor vehicle, a derelict motor vehicle |
437 | certificate application shall be completed by the seller or |
438 | owner of the motor vehicle or mobile home, the seller's or |
439 | owner's authorized transporter, and the registered secondary |
440 | metals recycler at the time of sale, transport, or delivery to |
441 | the registered secondary metals recycler. The derelict motor |
442 | vehicle certificate application shall be used by the seller or |
443 | owner, the seller's or owner's authorized transporter, and the |
444 | registered secondary metals recycler to obtain a derelict motor |
445 | vehicle certificate from the department. The identifying number |
446 | on the personal identification card of the seller or owner must |
447 | be recorded on the derelict motor vehicle certificate |
448 | application. The derelict motor vehicle certificate application |
449 | must be accompanied by a copy of the seller's or owner's |
450 | personal identification card if the personal identification card |
451 | is not a driver's license or identification card issued by this |
452 | state. The registered secondary metals recycler shall secure the |
453 | derelict motor vehicle for 3 full business days, excluding |
454 | weekends and holidays, before destroying or dismantling the |
455 | derelict motor vehicle and shall follow all reporting procedures |
456 | established by the department, including electronic notification |
457 | to the department or delivery of the original derelict motor |
458 | vehicle certificate application to an agent of the department |
459 | within 24 hours after receiving the derelict motor vehicle. |
460 | c. Any person who willfully and deliberately violates this |
461 | subparagraph by selling, transporting, delivering, purchasing, |
462 | or receiving a motor vehicle, recreational motor vehicle, mobile |
463 | home, or derelict motor vehicle without obtaining a certificate |
464 | of title, salvage certificate of title, certificate of |
465 | destruction, or derelict motor vehicle certificate, or derelict |
466 | motor vehicle certificate application; enters false or |
467 | fictitious information on a derelict motor vehicle certificate |
468 | application; does not complete the derelict motor vehicle |
469 | certificate application as required; does not obtain a copy of |
470 | the seller's or owner's personal identification card when |
471 | required; or does not make the required notification to the |
472 | department; or destroys or dismantles a derelict motor vehicle |
473 | without waiting the required 3 full business days commits a |
474 | felony of the third degree, punishable as provided in s. |
475 | 775.082, s. 775.083, or s. 775.084. |
476 | 5. Major parts from other than a secondary metals recycler |
477 | for purposes of the processing of such major parts, the |
478 | purchaser shall record the seller's name, address, date of |
479 | purchase, and the personal identification card number of the |
480 | person delivering such items, as well as the vehicle |
481 | identification number, if available, of each major part |
482 | purchased. |
483 | (8) |
484 | (f) This section does not authorize any person who is |
485 | engaged in the business of recovering, towing, or storing |
486 | vehicles pursuant to s. 713.78 and claims a lien for performing |
487 | labor or services on a motor vehicle or mobile home pursuant to |
488 | s. 713.58 or claims a motor vehicle or mobile home has remained |
489 | on a premises after tenancy has terminated pursuant to s. |
490 | 715.104 to use a derelict motor vehicle certificate application |
491 | for the purpose of transporting, selling, or disposing of a |
492 | motor vehicle at a salvage motor vehicle dealer or metal |
493 | recycler without obtaining the title or certificate of |
494 | destruction required under s. 713.58, s. 713.78, or s. 715.104. |
495 | Any person who transports, sells, or disposes of any motor |
496 | vehicle or mobile home that was recovered, towed, or stored |
497 | pursuant to s. 713.78 and claims a lien for performing labor or |
498 | services on a motor vehicle or mobile home pursuant to s. 713.58 |
499 | or claims a motor vehicle or mobile home has remained on a |
500 | premises after tenancy has terminated pursuant to s. 715.104 |
501 | with a derelict motor vehicle certificate application commits a |
502 | felony of the third degree, punishable as provided in s. |
503 | 775.082, s. 775.083, or s. 775.084. |
504 | (g)(f) The department is authorized to adopt rules |
505 | pursuant to ss. 120.536(1) and 120.54 establishing policies and |
506 | procedures to administer and enforce this section. |
507 | (h)(g) The department shall charge a fee of $3 for each |
508 | derelict motor vehicle certificate delivered to the department |
509 | or one of its agents for processing and shall mark the title |
510 | record canceled. A service charge may be collected under s. |
511 | 320.04. |
512 | (9) Except as otherwise provided in this section, any |
513 | person who violates this section commits a felony of the third |
514 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
515 | 775.084. |
516 | Section 10. Subsection (27) of section 320.01, Florida |
517 | Statutes, is amended, and subsection (45) is added to that |
518 | section, to read: |
519 | 320.01 Definitions, general.--As used in the Florida |
520 | Statutes, except as otherwise provided, the term: |
521 | (27) "Motorcycle" means any motor vehicle having a seat or |
522 | saddle for the use of the rider and designed to travel on not |
523 | more than three wheels in contact with the ground, but excluding |
524 | a tractor, a moped, or a vehicle in which the operator is |
525 | enclosed by a cabin unless it meets the requirements set forth |
526 | by the National Highway Traffic Safety Administration for a |
527 | motorcycle. The term "motorcycle" does not include a tractor or |
528 | a moped. |
529 | (45) "Mini truck" means any four-wheeled, reduced- |
530 | dimension truck that does not have a National Highway Traffic |
531 | Safety Administration truck classification, with a top speed of |
532 | 55 miles per hour, and which is equipped with headlamps, stop |
533 | lamps, turn signal lamps, taillamps, reflex reflectors, parking |
534 | brakes, rearview mirrors, windshields, and seat belts. |
535 | Section 11. Effective September 1, 2009, section 320.08, |
536 | Florida Statutes, is amended to read: |
537 | 320.08 License taxes.--Except as otherwise provided |
538 | herein, there are hereby levied and imposed annual license taxes |
539 | for the operation of motor vehicles, mopeds, motorized bicycles |
540 | as defined in s. 316.003(2), tri-vehicles, and mobile homes, as |
541 | defined in s. 320.01, which shall be paid to and collected by |
542 | the department or its agent upon the registration or renewal of |
543 | registration of the following: |
544 | (1) MOTORCYCLES AND MOPEDS.-- |
545 | (a) Any motorcycle: $10 flat. |
546 | (b) Any moped: $5 flat. |
547 | (c) Upon registration of any motorcycle, motor-driven |
548 | cycle, or moped there shall be paid in addition to the license |
549 | taxes specified in this subsection a nonrefundable motorcycle |
550 | safety education fee in the amount of $2.50. The proceeds of |
551 | such additional fee shall be deposited in the Highway Safety |
552 | Operating Trust Fund to fund a motorcycle driver improvement |
553 | program implemented pursuant to s. 322.025, the Florida |
554 | Motorcycle Safety Education Program established in s. 322.0255, |
555 | or the general operations of the department. |
556 | (d) An ancient or antique motorcycle: $10 flat. |
557 | (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.-- |
558 | (a) An ancient or antique automobile, as defined in s. |
559 | 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat. |
560 | (b) Net weight of less than 2,500 pounds: $14.50 flat. |
561 | (c) Net weight of 2,500 pounds or more, but less than |
562 | 3,500 pounds: $22.50 flat. |
563 | (d) Net weight of 3,500 pounds or more: $32.50 flat. |
564 | (3) TRUCKS.-- |
565 | (a) Net weight of less than 2,000 pounds: $14.50 flat. |
566 | (b) Net weight of 2,000 pounds or more, but not more than |
567 | 3,000 pounds: $22.50 flat. |
568 | (c) Net weight more than 3,000 pounds, but not more than |
569 | 5,000 pounds: $32.50 flat. |
570 | (d) A truck defined as a "goat," or any other vehicle when |
571 | used in the field by a farmer or in the woods for the purpose of |
572 | harvesting a crop, including naval stores, during such |
573 | harvesting operations, and which is not principally operated |
574 | upon the roads of the state: $7.50 flat. A "goat" is a motor |
575 | vehicle designed, constructed, and used principally for the |
576 | transportation of citrus fruit within citrus groves or for the |
577 | transportation of crops on farms, and which can also be used for |
578 | the hauling of associated equipment or supplies, including |
579 | required sanitary equipment, and the towing of farm trailers. |
580 | (e) An ancient or antique truck, as defined in s. 320.086: |
581 | $7.50 flat. |
582 | (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS |
583 | VEHICLE WEIGHT.-- |
584 | (a) Gross vehicle weight of 5,001 pounds or more, but less |
585 | than 6,000 pounds: $45 flat. |
586 | (b) Gross vehicle weight of 6,000 pounds or more, but less |
587 | than 8,000 pounds: $65 flat. |
588 | (c) Gross vehicle weight of 8,000 pounds or more, but less |
589 | than 10,000 pounds: $76 flat. |
590 | (d) Gross vehicle weight of 10,000 pounds or more, but |
591 | less than 15,000 pounds: $87 flat. |
592 | (e) Gross vehicle weight of 15,000 pounds or more, but |
593 | less than 20,000 pounds: $131 flat. |
594 | (f) Gross vehicle weight of 20,000 pounds or more, but |
595 | less than 26,001 pounds: $186 flat. |
596 | (g) Gross vehicle weight of 26,001 pounds or more, but |
597 | less than 35,000: $240 flat. |
598 | (h) Gross vehicle weight of 35,000 pounds or more, but |
599 | less than 44,000 pounds: $300 flat. |
600 | (i) Gross vehicle weight of 44,000 pounds or more, but |
601 | less than 55,000 pounds: $572 flat. |
602 | (j) Gross vehicle weight of 55,000 pounds or more, but |
603 | less than 62,000 pounds: $678 flat. |
604 | (k) Gross vehicle weight of 62,000 pounds or more, but |
605 | less than 72,000 pounds: $800 flat. |
606 | (l) Gross vehicle weight of 72,000 pounds or more: $979 |
607 | flat. |
608 | (m) Notwithstanding the declared gross vehicle weight, a |
609 | truck tractor used within a 150-mile radius of its home address |
610 | shall be eligible for a license plate for a fee of $240 flat if: |
611 | 1. The truck tractor is used exclusively for hauling |
612 | forestry products; or |
613 | 2. The truck tractor is used primarily for the hauling of |
614 | forestry products, and is also used for the hauling of |
615 | associated forestry harvesting equipment used by the owner of |
616 | the truck tractor. |
617 | (n) A truck tractor or heavy truck, not operated as a for- |
618 | hire vehicle, which is engaged exclusively in transporting raw, |
619 | unprocessed, and nonmanufactured agricultural or horticultural |
620 | products within a 150-mile radius of its home address, shall be |
621 | eligible for a restricted license plate for a fee of $65 flat, |
622 | if such vehicle's declared gross vehicle weight is less than |
623 | 44,000 pounds; or $240 flat, if such vehicle's declared gross |
624 | vehicle weight is 44,000 pounds or more and such vehicle only |
625 | transports: |
626 | 1. From the point of production to the point of primary |
627 | manufacture; |
628 | 2. From the point of production to the point of assembling |
629 | the same; or |
630 | 3. From the point of production to a shipping point of |
631 | either a rail, water, or motor transportation company. |
632 |
|
633 | Such not-for-hire truck tractors and heavy trucks used |
634 | exclusively in transporting raw, unprocessed, and |
635 | nonmanufactured agricultural or horticultural products may be |
636 | incidentally used to haul farm implements and fertilizers when |
637 | delivered direct to the growers. The department may require any |
638 | such documentation deemed necessary to determine eligibility |
639 | prior to issuance of this license plate. For the purpose of this |
640 | paragraph, "not-for-hire" means the owner of the motor vehicle |
641 | must also be the owner of the raw, unprocessed, and |
642 | nonmanufactured agricultural or horticultural product, or the |
643 | user of the farm implements and fertilizer being delivered. |
644 | (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; |
645 | SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-- |
646 | (a)1. A semitrailer drawn by a GVW truck tractor by means |
647 | of a fifth-wheel arrangement: $10 flat per registration year or |
648 | any part thereof. |
649 | 2. A semitrailer drawn by a GVW truck tractor by means of |
650 | a fifth-wheel arrangement: $50 flat per permanent registration. |
651 | (b) A motor vehicle equipped with machinery and designed |
652 | for the exclusive purpose of well drilling, excavation, |
653 | construction, spraying, or similar activity, and which is not |
654 | designed or used to transport loads other than the machinery |
655 | described above over public roads: $32.50 flat. |
656 | (c) A school bus used exclusively to transport pupils to |
657 | and from school or school or church activities or functions |
658 | within their own county: $30 flat. |
659 | (d) A wrecker, as defined in s. 320.01(40), which is used |
660 | to tow a vessel as defined in s. 327.02(39), a disabled, |
661 | abandoned, stolen-recovered, or impounded motor vehicle as |
662 | defined in s. 320.01(38), or a replacement motor vehicle as |
663 | defined in s. 320.01(39): $30 flat. |
664 | (e) A wrecker, as defined in s. 320.01(40), which is used |
665 | to tow any motor vehicle, regardless of whether or not such |
666 | motor vehicle is a disabled motor vehicle as defined in s. |
667 | 320.01(38), a replacement motor vehicle as defined in s. |
668 | 320.01(39), a vessel as defined in s. 327.02(39), or any other |
669 | cargo, as follows: |
670 | 1. Gross vehicle weight of 10,000 pounds or more, but less |
671 | than 15,000 pounds: $87 flat. |
672 | 2. Gross vehicle weight of 15,000 pounds or more, but less |
673 | than 20,000 pounds: $131 flat. |
674 | 3. Gross vehicle weight of 20,000 pounds or more, but less |
675 | than 26,000 pounds: $186 flat. |
676 | 4. Gross vehicle weight of 26,000 pounds or more, but less |
677 | than 35,000 pounds: $240 flat. |
678 | 5. Gross vehicle weight of 35,000 pounds or more, but less |
679 | than 44,000 pounds: $300 flat. |
680 | 6. Gross vehicle weight of 44,000 pounds or more, but less |
681 | than 55,000 pounds: $572 flat. |
682 | 7. Gross vehicle weight of 55,000 pounds or more, but less |
683 | than 62,000 pounds: $678 flat. |
684 | 8. Gross vehicle weight of 62,000 pounds or more, but less |
685 | than 72,000 pounds: $800 flat. |
686 | 9. Gross vehicle weight of 72,000 pounds or more: $979 |
687 | flat. |
688 | (f) A hearse or ambulance: $30 flat. |
689 | (6) MOTOR VEHICLES FOR HIRE.-- |
690 | (a) Under nine passengers: $12.50 flat plus $1 per cwt. |
691 | (b) Nine passengers and over: $12.50 flat plus $1.50 per |
692 | cwt. |
693 | (7) TRAILERS FOR PRIVATE USE.-- |
694 | (a) Any trailer weighing 500 pounds or less: $5 flat per |
695 | year or any part thereof. |
696 | (b) Net weight over 500 pounds: $2.50 flat plus 75 cents |
697 | per cwt. |
698 | (8) TRAILERS FOR HIRE.-- |
699 | (a) Net weight under 2,000 pounds: $2.50 flat plus $1 per |
700 | cwt. |
701 | (b) Net weight 2,000 pounds or more: $10 flat plus $1 per |
702 | cwt. |
703 | (9) RECREATIONAL VEHICLE-TYPE UNITS.-- |
704 | (a) A travel trailer or fifth-wheel trailer, as defined by |
705 | s. 320.01(1)(b), that does not exceed 35 feet in length: $20 |
706 | flat. |
707 | (b) A camping trailer, as defined by s. 320.01(1)(b)2.: |
708 | $10 flat. |
709 | (c) A motor home, as defined by s. 320.01(1)(b)4.: |
710 | 1. Net weight of less than 4,500 pounds: $20 flat. |
711 | 2. Net weight of 4,500 pounds or more: $35 flat. |
712 | (d) A truck camper as defined by s. 320.01(1)(b)3.: |
713 | 1. Net weight of less than 4,500 pounds: $20 flat. |
714 | 2. Net weight of 4,500 pounds or more: $35 flat. |
715 | (e) A private motor coach as defined by s. 320.01(1)(b)5.: |
716 | 1. Net weight of less than 4,500 pounds: $20 flat. |
717 | 2. Net weight of 4,500 pounds or more: $35 flat. |
718 | (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS; |
719 | 35 FEET TO 40 FEET.-- |
720 | (a) Park trailers.--Any park trailer, as defined in s. |
721 | 320.01(1)(b)7.: $25 flat. |
722 | (b) A travel trailer or fifth-wheel trailer, as defined in |
723 | s. 320.01(1)(b), that exceeds 35 feet: $25 flat. |
724 | (11) MOBILE HOMES.-- |
725 | (a) A mobile home not exceeding 35 feet in length: $20 |
726 | flat. |
727 | (b) A mobile home over 35 feet in length, but not |
728 | exceeding 40 feet: $25 flat. |
729 | (c) A mobile home over 40 feet in length, but not |
730 | exceeding 45 feet: $30 flat. |
731 | (d) A mobile home over 45 feet in length, but not |
732 | exceeding 50 feet: $35 flat. |
733 | (e) A mobile home over 50 feet in length, but not |
734 | exceeding 55 feet: $40 flat. |
735 | (f) A mobile home over 55 feet in length, but not |
736 | exceeding 60 feet: $45 flat. |
737 | (g) A mobile home over 60 feet in length, but not |
738 | exceeding 65 feet: $50 flat. |
739 | (h) A mobile home over 65 feet in length: $80 flat. |
740 | (12) DEALER AND MANUFACTURER LICENSE PLATES.--A franchised |
741 | motor vehicle dealer, independent motor vehicle dealer, marine |
742 | boat trailer dealer, or mobile home dealer and manufacturer |
743 | license plate: $12.50 flat. |
744 | (13) EXEMPT OR OFFICIAL LICENSE PLATES.--Any exempt or |
745 | official license plate: $3 flat. |
746 | (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.--A motor |
747 | vehicle for hire operated wholly within a city or within 25 |
748 | miles thereof: $12.50 flat plus $1.50 per cwt. |
749 | (15) TRANSPORTER.--Any transporter license plate issued to |
750 | a transporter pursuant to s. 320.133: $75 flat. |
751 | Section 12. Section 320.0847, Florida Statutes, is created |
752 | to read: |
753 | 320.0847 Mini truck and low-speed vehicle license |
754 | plates.-- |
755 | (1) The department shall issue a license plate to the |
756 | owner or lessee of any vehicle registered as a low-speed vehicle |
757 | as defined in s. 320.01(42) or a mini truck as defined in s. |
758 | 320.01(45) upon payment of the appropriate license taxes and |
759 | fees prescribed in s. 320.08. |
760 | (2) The license plate for a low-speed vehicle or mini |
761 | truck shall comply with the provisions of s. 320.06. |
762 | Section 13. Effective November 1, 2009, paragraph (a) of |
763 | subsection (2) of section 320.0848, Florida Statutes, is amended |
764 | to read: |
765 | 320.0848 Persons who have disabilities; issuance of |
766 | disabled parking permits; temporary permits; permits for certain |
767 | providers of transportation services to persons who have |
768 | disabilities.-- |
769 | (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM |
770 | MOBILITY PROBLEMS.-- |
771 | (a) The disabled parking permit is a placard that can be |
772 | placed in a motor vehicle so as to be visible from the front and |
773 | rear of the vehicle. Each side of the placard must have the |
774 | international symbol of accessibility in a contrasting color in |
775 | the center so as to be visible. One side of the placard must |
776 | display the applicant's driver's license number or state |
777 | identification card number along with a warning that the |
778 | applicant must have such identification at all times while using |
779 | the parking permit. A validation sticker must also be issued |
780 | with each disabled parking permit, showing the month and year of |
781 | expiration on each side of the placard. Validation stickers must |
782 | be of the size specified by the Department of Highway Safety and |
783 | Motor Vehicles and must be affixed to the disabled parking |
784 | permits. The disabled parking permits must use the same colors |
785 | as license plate validations. If the severity of the disability |
786 | prevents a disabled person from physically visiting or being |
787 | transported to a driver's license or tax collector's office to |
788 | obtain a driver's license or identification card, a certifying |
789 | physician can sign the exemption section of the department's |
790 | parking permit application to exempt the disabled person from |
791 | being issued a driver's license or identification card for the |
792 | number to be displayed on the parking permit. |
793 | Section 14. Effective September 1, 2009, subsection (26) |
794 | of section 322.01, Florida Statutes, is amended, and subsection |
795 | (46) is added to that section, to read: |
796 | 322.01 Definitions.--As used in this chapter: |
797 | (26) "Motorcycle" means a motor vehicle powered by a motor |
798 | with a displacement of more than 50 cubic centimeters, having a |
799 | seat or saddle for the use of the rider, and designed to travel |
800 | on not more than three wheels in contact with the ground, but |
801 | excluding a tractor, or moped, or tri-vehicle. |
802 | (46) "Tri-vehicle" means an enclosed three-wheeled |
803 | passenger vehicle that is designed to operate with three wheels |
804 | in contact with the ground; has a minimum unladen weight of 900 |
805 | pounds; has a single, completely enclosed, occupant compartment; |
806 | is produced by its manufacturer in a minimum quantity of 300 in |
807 | any calendar year; and is equipped with: |
808 | (a) Seats that are certified by the vehicle manufacturer |
809 | to meet the requirements of Federal Motor Vehicle Safety |
810 | Standard No. 207, Seating Systems, Title 49, C.F.R. s. 571.207. |
811 | (b) A steering wheel used to maneuver the vehicle. |
812 | (c) A propulsion unit located either forward or aft of the |
813 | enclosed occupant compartment. |
814 | (d) A seat belt for each vehicle occupant certified to |
815 | meet the requirements of Federal Motor Vehicle Safety Standard |
816 | No. 209, Seat Belt Assemblies, Title 49, C.F.R. s. 571.209. |
817 | (e) A windshield and appropriate windshield wipers meeting |
818 | the requirements of Federal Motor Vehicle Safety Standard No. |
819 | 205, Glazing Materials, Title 49, C.F.R. s. 571.205 and Federal |
820 | Motor Vehicle Safety Standard No. 212, Windshield Wiper |
821 | Assemblies, Title 49, C.F.R. s. 571.212. |
822 | (f) A vehicle structure certified by the vehicle |
823 | manufacturer to meet the requirements of Federal Motor Vehicle |
824 | Safety Standard No. 216, Roof Crush Resistance, Title 49, C.F.R. |
825 | s. 571.216. |
826 | Section 15. Effective January 1, 2010, section 322.0261, |
827 | Florida Statutes, is amended to read: |
828 | 322.0261 Driver improvement course; requirement to |
829 | maintain driving privileges; failure to complete; department |
830 | approval of course.-- |
831 | (1) The department shall screen crash reports received |
832 | under s. 316.066 or s. 324.051 to identify crashes involving the |
833 | following: |
834 | (a) A crash involving death or a bodily injury requiring |
835 | transport to a medical facility; or |
836 | (b) A second crash by the same operator within the |
837 | previous 2-year period involving property damage in an apparent |
838 | amount of at least $500; or |
839 | (c) A third crash by the same operator within 36 months |
840 | after the first crash. |
841 | (2) With respect to an operator convicted of, or who |
842 | pleaded nolo contendere to, a traffic offense giving rise to a |
843 | crash identified in paragraph (1)(a) or paragraph (1)(b) |
844 | pursuant to subsection (1), the department shall require that |
845 | the operator, in addition to other applicable penalties, attend |
846 | a department-approved driver improvement course in order to |
847 | maintain his or her driving privileges. If the operator fails to |
848 | complete the course within 90 days after of receiving notice |
849 | from the department, the operator's driver's license shall be |
850 | canceled by the department until the course is successfully |
851 | completed. |
852 | (3) With respect to an operator convicted of, or who |
853 | pleaded nolo contendere to, a traffic offense giving rise to a |
854 | crash identified in paragraph (1)(c), the department shall |
855 | require that the operator, in addition to other applicable |
856 | penalties, attend a department-approved driver improvement |
857 | course in order to maintain his or her driving privileges. The |
858 | course must include behind-the-wheel instruction and an |
859 | assessment of the operator's ability to safely operate a motor |
860 | vehicle. Successful completion of a behind-the-wheel examination |
861 | is required in order to receive completion credit for the |
862 | course. If the operator fails to complete the course within 90 |
863 | days after receiving notice from the department, the operator's |
864 | driver's license shall be canceled by the department until the |
865 | course is successfully completed. |
866 | (4)(3) The department shall identify any operator |
867 | convicted of, or who pleaded nolo contendere to, a second |
868 | violation of s. 316.074(1) or s. 316.075(1)(c)1., which |
869 | violation occurred within 12 months after the first violation, |
870 | and shall require that operator, in addition to other applicable |
871 | penalties, to attend a department-approved driver improvement |
872 | course in order to maintain driving privileges. If the operator |
873 | fails to complete the course within 90 days after receiving |
874 | notice from the department, the operator's driver license shall |
875 | be canceled by the department until the course is successfully |
876 | completed. |
877 | (5)(4) In determining whether to approve a driver |
878 | improvement course for the purposes of this section, the |
879 | department shall consider course content designed to promote |
880 | safety, driver awareness, crash avoidance techniques, and other |
881 | factors or criteria to improve driver performance from a safety |
882 | viewpoint. |
883 | Section 16. Effective November 1, 2009, subsection (1) of |
884 | section 322.03, Florida Statutes, is amended to read: |
885 | 322.03 Drivers must be licensed; penalties.-- |
886 | (1) Except as otherwise authorized in this chapter, a |
887 | person may not drive any motor vehicle upon a highway in this |
888 | state unless such person has a valid driver's license issued |
889 | under the provisions of this chapter. |
890 | (a) A person who drives a commercial motor vehicle may |
891 | shall not receive a driver's license unless and until he or she |
892 | surrenders to the department all driver's licenses in his or her |
893 | possession issued to him or her by any other jurisdiction or |
894 | makes an affidavit that he or she does not possess a driver's |
895 | license. Any such person who fails to surrender such licenses or |
896 | who makes a false affidavit concerning such licenses commits is |
897 | guilty of a misdemeanor of the first degree, punishable as |
898 | provided in s. 775.082 or s. 775.083. |
899 | (b) A person who does not drive a commercial motor vehicle |
900 | is not required to surrender a license issued by another |
901 | jurisdiction, upon a showing to the department that such license |
902 | is necessary because of employment or part-time residence. Any |
903 | person who retains a driver's license because of employment or |
904 | part-time residence shall, upon qualifying for a license in this |
905 | state, be issued a driver's license which shall be valid within |
906 | this state only. All surrendered licenses may be returned by the |
907 | department to the issuing jurisdiction together with information |
908 | that the licensee is now licensed in a new jurisdiction or may |
909 | be destroyed by the department, which shall notify the issuing |
910 | jurisdiction of such destruction. A person may not have more |
911 | than one valid Florida driver's license at any time. |
912 | (c) Part-time residents of this state issued a license |
913 | that is valid within this state only under paragraph (b) as that |
914 | paragraph existed before November 1, 2009, may continue to hold |
915 | such license until the next issuance of a Florida driver's |
916 | license or identification card. Licenses that are identified as |
917 | "Valid in Florida Only" may not be issued or renewed effective |
918 | November 1, 2009. This paragraph expires June 30, 2017. |
919 | Section 17. Effective November 1, 2009, subsection (6) of |
920 | section 322.08, Florida Statutes, is renumbered as subsection |
921 | (7), and new subsection (6) is added to that section, to read: |
922 | 322.08 Application for license.-- |
923 | (6) The department may not issue a driver's license or |
924 | identification card, as described in s. 322.051, to an applicant |
925 | if the applicant holds a valid driver's license or |
926 | identification card issued by any state. |
927 | Section 18. Section 322.125, Florida Statutes, is amended |
928 | to read: |
929 | 322.125 Medical Advisory Board.-- |
930 | (1) There shall be a Medical Advisory Board composed of |
931 | not fewer than 12 or more than 25 members, at least one of whom |
932 | must be 60 years of age or older and all but one of whose |
933 | medical and other specialties must relate to driving abilities, |
934 | which number must include a doctor of medicine who is employed |
935 | by the Department of Highway Safety and Motor Vehicles in |
936 | Tallahassee, who shall serve as administrative officer for the |
937 | board. The executive director of the Department of Highway |
938 | Safety and Motor Vehicles shall recommend persons to serve as |
939 | board members. Every member but two must be a doctor of medicine |
940 | licensed to practice medicine in this or any other state and |
941 | must be a member in good standing of the Florida Medical |
942 | Association or the Florida Osteopathic Association. One member |
943 | must be an optometrist licensed to practice optometry in this |
944 | state and must be a member in good standing of the Florida |
945 | Optometric Association. One member must be a chiropractic |
946 | physician licensed to practice chiropractic medicine in this |
947 | state. Members shall be approved by the Cabinet and shall serve |
948 | 4-year staggered terms. The board membership must, to the |
949 | maximum extent possible, consist of equal representation of the |
950 | disciplines of the medical community treating the mental or |
951 | physical disabilities that could affect the safe operation of |
952 | motor vehicles. |
953 | (2) The advisory board shall meet at the call of its |
954 | chair, at the request of a majority of its membership, at the |
955 | request of the department, or at such times as may be prescribed |
956 | by its rules. |
957 | (3)(a) The board shall advise the department on medical |
958 | criteria and vision standards relating to the licensing of |
959 | drivers. In fulfillment of this duty, the board shall assist the |
960 | department in developing, and keeping current with medical and |
961 | scientific advancements, coded restrictions to be placed upon |
962 | drivers' licenses of persons whose medical condition warrants a |
963 | requirement that they wear medical identification bracelets when |
964 | operating a motor vehicle, pursuant to s. 322.16(1)(d). |
965 | (b) Upon request of the department, the board shall report |
966 | to the department on the individual physical and mental |
967 | qualifications of a licensed driver or applicant. When a board |
968 | member acts directly as a consultant to the department, a board |
969 | member's individual review and evaluation of physical and mental |
970 | qualifications of a licensed driver or applicant is exempt from |
971 | the provisions of s. 286.011. |
972 | (4) Reports received or made by the board or its members |
973 | for the purpose of assisting the department in determining |
974 | whether a person is qualified to be licensed are for the |
975 | confidential use of the board or the department and may not be |
976 | divulged to any person except the licensed driver or applicant |
977 | or used as evidence in any trial, and are exempt from the |
978 | provisions of s. 119.07(1), except that the reports may be |
979 | admitted in proceedings under s. 322.271 or s. 322.31. Any |
980 | person conducting an examination pursuant to this section may be |
981 | compelled to testify concerning his or her observations and |
982 | findings in such proceedings. |
983 | (5) There shall be no monetary liability on the part of, |
984 | and no cause of action for damages shall arise against, any |
985 | member of the board for any action taken without intentional |
986 | fraud in carrying out the provisions of this section. |
987 | (6) Members of the board shall be entitled to per diem and |
988 | travel expenses pursuant to s. 112.061. |
989 | (7) The department shall adopt such rules and regulations |
990 | necessary to carry out the purpose of this section. |
991 | Section 19. Subsection (2) of section 322.271, Florida |
992 | Statutes, is amended to read: |
993 | 322.271 Authority to modify revocation, cancellation, or |
994 | suspension order.-- |
995 | (2)(a) At Upon such hearing, the person whose license has |
996 | been suspended, canceled, or revoked may show that such |
997 | suspension, cancellation, or revocation of his or her license |
998 | causes a serious hardship and precludes the person from person's |
999 | carrying out his or her normal business occupation, |
1000 | employment and that the use of the person's license in |
1001 | normal course of his or her business is necessary to the |
1002 | support of the person or his or her family. |
1003 | (a) Except as otherwise provided in this subsection, the |
1004 | department shall require proof of the successful completion of |
1005 | the applicable department-approved driver training course |
1006 | operating pursuant to s. 318.1451 or DUI program substance abuse |
1007 | education course and evaluation as provided in s. 316.193(5). |
1008 | Letters of recommendation from respected business persons in the |
1009 | community, law enforcement officers, or judicial officers may |
1010 | also be required to determine whether the such person should be |
1011 | permitted to operate a motor vehicle on a restricted basis for |
1012 | business or employment use only and in determining whether such |
1013 | person can be trusted to so operate a motor vehicle. If a |
1014 | driver's license has been suspended under the point system or |
1015 | under pursuant to s. 322.2615, the department shall require |
1016 | proof of enrollment in the applicable department-approved driver |
1017 | training course or licensed DUI program substance abuse |
1018 | education course, including evaluation and treatment, if |
1019 | referred, and may require letters of recommendation described in |
1020 | this paragraph subsection to determine if the driver should be |
1021 | reinstated on a restricted basis. If the such person fails to |
1022 | complete the approved course within 90 days after reinstatement |
1023 | or subsequently fails to complete treatment, if applicable, the |
1024 | department shall cancel his or her driver's license until the |
1025 | course and treatment, if applicable, is successfully completed, |
1026 | notwithstanding the terms of the court order or any suspension |
1027 | or revocation of the driving privilege. The department may |
1028 | temporarily reinstate the driving privilege on a restricted |
1029 | basis upon verification from the DUI program that the offender |
1030 | has reentered and is currently participating in treatment and |
1031 | has completed the DUI education course and evaluation |
1032 | requirement. If the DUI program notifies the department of the |
1033 | second failure to complete treatment, the department shall |
1034 | reinstate the driving privilege only after notice of completion |
1035 | of treatment from the DUI program. The privilege of driving on a |
1036 | limited or restricted basis for business or employment use may |
1037 | shall not be granted to a person who has been convicted of a |
1038 | violation of s. 316.193 until completion of the DUI program |
1039 | substance abuse education course and evaluations as provided in |
1040 | s. 316.193(5). Except as provided in paragraph (c) (b), the |
1041 | privilege of driving on a limited or restricted basis for |
1042 | business or employment use may shall not be granted to a person |
1043 | whose license is revoked pursuant to s. 322.28 or suspended |
1044 | pursuant to s. 322.2615 and who has been convicted of a |
1045 | violation of s. 316.193 two or more times or whose license has |
1046 | been suspended two or more times for refusal to submit to a test |
1047 | pursuant to s. 322.2615 or former s. 322.261. |
1048 | (b) The department may waive the hearing process for |
1049 | suspensions and revocations upon request by the driver if the |
1050 | driver has enrolled in or completed the applicable driver |
1051 | training course approved under s. 318.1451 or the DUI program |
1052 | substance abuse education course and evaluation provided in s. |
1053 | 316.193(5). However, the department may not waive the hearing |
1054 | for suspensions or revocations that involve death or serious |
1055 | bodily injury, multiple convictions for violations of s. 316.193 |
1056 | pursuant to s. 322.27(5), or a second or subsequent suspension |
1057 | or revocation pursuant to the same provision of this chapter. |
1058 | This paragraph does not preclude the department from requiring a |
1059 | hearing for any suspension or revocation that it determines is |
1060 | warranted based on the severity of the offense. |
1061 | (c)(b) A person whose license has been revoked for a |
1062 | period of 5 years or less pursuant to s. 322.28(2)(a) may, upon |
1063 | the expiration of 12 months after the date the said revocation |
1064 | was imposed, petition the department for reinstatement of his or |
1065 | her driving privilege on a restricted basis. A person whose |
1066 | license has been revoked for a period of more than 5 years under |
1067 | s. 322.28(2)(a) may, upon the expiration of 24 months after the |
1068 | date the revocation was imposed, petition the department for |
1069 | reinstatement of his or her driving privilege on a restricted |
1070 | basis. Reinstatement under of the driving privilege pursuant to |
1071 | this subsection is shall be restricted to business or employment |
1072 | purposes only. In addition, the department shall require such |
1073 | persons upon reinstatement to have not driven and to have been |
1074 | drug free for at least 12 months immediately before the prior to |
1075 | such reinstatement, to be supervised by a DUI program licensed |
1076 | by the department, and to report to the program at least three |
1077 | times a year as required by the program for the duration of the |
1078 | revocation period for supervision. Such supervision includes |
1079 | shall include evaluation, education, referral into treatment, |
1080 | and other activities required by the department. Such persons |
1081 | shall assume reasonable costs of supervision. If the such person |
1082 | fails to comply with the required supervision, the program shall |
1083 | report the failure to the department, and the department shall |
1084 | cancel the such person's driving privilege. This paragraph does |
1085 | not apply to any person whose driving privilege has been |
1086 | permanently revoked. |
1087 | (d)(c) For the purpose of this section, a previous |
1088 | conviction of driving under the influence, driving while |
1089 | intoxicated, driving with an unlawful blood-alcohol level, or |
1090 | any other similar alcohol-related or drug-related offense |
1091 | outside this state or a previous conviction of former s. |
1092 | 316.1931, former s. 316.028, or former s. 860.01 is shall be |
1093 | considered a previous conviction for violation of s. 316.193. |
1094 | (e)(d) The department, based upon review of the licensee's |
1095 | application for reinstatement, may require use of an ignition |
1096 | interlock device pursuant to s. 322.2715. |
1097 | Section 20. Subsection (1), paragraph (b) of subsection |
1098 | (7), and subsection (8) of section 322.64, Florida Statutes, are |
1099 | amended to read: |
1100 | 322.64 Holder of commercial driver's license; persons |
1101 | operating a commercial motor vehicle; driving with unlawful |
1102 | blood-alcohol level; refusal to submit to breath, urine, or |
1103 | blood test.-- |
1104 | (1)(a) A law enforcement officer or correctional officer |
1105 | shall, on behalf of the department, disqualify from operating |
1106 | any commercial motor vehicle a person who while operating or in |
1107 | actual physical control of a commercial motor vehicle is |
1108 | arrested for a violation of s. 316.193, relating to unlawful |
1109 | blood-alcohol level or breath-alcohol level, or a person who has |
1110 | refused to submit to a breath, urine, or blood test authorized |
1111 | by s. 322.63 or s. 316.1932 arising out of the operation or |
1112 | actual physical control of a commercial motor vehicle. A law |
1113 | enforcement officer or correctional officer shall, on behalf of |
1114 | the department, disqualify the holder of a commercial driver's |
1115 | license from operating any commercial motor vehicle if the |
1116 | licenseholder, while operating or in actual physical control of |
1117 | a motor vehicle, is arrested for a violation of s. 316.193, |
1118 | relating to unlawful blood-alcohol level or breath-alcohol |
1119 | level, or refused to submit to a breath, urine, or blood test |
1120 | authorized by s. 322.63 or s. 316.1932. Upon disqualification of |
1121 | the person, the officer shall take the person's driver's license |
1122 | and issue the person a 10-day temporary permit for the operation |
1123 | of noncommercial vehicles only if the person is otherwise |
1124 | eligible for the driving privilege and shall issue the person a |
1125 | notice of disqualification. If the person has been given a |
1126 | blood, breath, or urine test, the results of which are not |
1127 | available to the officer at the time of the arrest, the agency |
1128 | employing the officer shall transmit such results to the |
1129 | department within 5 days after receipt of the results. If the |
1130 | department then determines that the person had a blood-alcohol |
1131 | level or breath-alcohol level of 0.08 or higher, the department |
1132 | shall disqualify the person from operating a commercial motor |
1133 | vehicle pursuant to subsection (3). |
1134 | (b) The disqualification under paragraph (a) shall be |
1135 | pursuant to, and the notice of disqualification shall inform the |
1136 | driver of, the following: |
1137 | 1.a. The driver refused to submit to a lawful breath, |
1138 | blood, or urine test and he or she is disqualified from |
1139 | operating a commercial motor vehicle for a period of 1 year, for |
1140 | a first refusal, or permanently, if he or she has previously |
1141 | been disqualified under this section as a result of a refusal to |
1142 | submit to such a test; or |
1143 | b. The driver was driving or in actual physical control of |
1144 | a commercial motor vehicle, or any motor vehicle if the driver |
1145 | holds a commercial driver's license, had an unlawful blood- |
1146 | alcohol level or breath-alcohol level of 0.08 or higher, and his |
1147 | or her driving privilege shall be disqualified for a period of 1 |
1148 | year for a first offense or permanently disqualified if his or |
1149 | her driving privilege has been previously disqualified under |
1150 | this section. |
1151 | 2. The disqualification period for operating commercial |
1152 | vehicles shall commence on the date of issuance of the notice of |
1153 | disqualification. |
1154 | 3. The driver may request a formal or informal review of |
1155 | the disqualification by the department within 10 days after the |
1156 | date of issuance of the notice of disqualification. |
1157 | 4. The temporary permit issued at the time of |
1158 | disqualification expires at midnight of the 10th day following |
1159 | the date of disqualification. |
1160 | 5. The driver may submit to the department any materials |
1161 | relevant to the disqualification. |
1162 | (7) In a formal review hearing under subsection (6) or an |
1163 | informal review hearing under subsection (4), the hearing |
1164 | officer shall determine by a preponderance of the evidence |
1165 | whether sufficient cause exists to sustain, amend, or invalidate |
1166 | the disqualification. The scope of the review shall be limited |
1167 | to the following issues: |
1168 | (b) If the person was disqualified from operating a |
1169 | commercial motor vehicle for refusal to submit to a breath, |
1170 | blood, or urine test: |
1171 | 1. Whether the law enforcement officer had probable cause |
1172 | to believe that the person was driving or in actual physical |
1173 | control of a commercial motor vehicle, or any motor vehicle if |
1174 | the driver holds a commercial driver's license, in this state |
1175 | while he or she had any alcohol, chemical substances, or |
1176 | controlled substances in his or her body. |
1177 | 2. Whether the person refused to submit to the test after |
1178 | being requested to do so by a law enforcement officer or |
1179 | correctional officer. |
1180 | 3. Whether the person was told that if he or she refused |
1181 | to submit to such test he or she would be disqualified from |
1182 | operating a commercial motor vehicle for a period of 1 year or, |
1183 | if previously disqualified under this section in the case of a |
1184 | second refusal, permanently. |
1185 | (8) Based on the determination of the hearing officer |
1186 | pursuant to subsection (7) for both informal hearings under |
1187 | subsection (4) and formal hearings under subsection (6), the |
1188 | department shall: |
1189 | (a) Sustain the disqualification for a period of 1 year |
1190 | for a first refusal, or permanently if such person has been |
1191 | previously disqualified from operating a commercial motor |
1192 | vehicle under this section as a result of a refusal to submit to |
1193 | such tests. The disqualification period commences on the date of |
1194 | the arrest or issuance of the notice of disqualification, |
1195 | whichever is later. |
1196 | (b) Sustain the disqualification: |
1197 | 1. For a period of 1 year if the person was driving or in |
1198 | actual physical control of a commercial motor vehicle, or any |
1199 | motor vehicle if the driver holds a commercial driver's license, |
1200 | and had an unlawful blood-alcohol level or breath-alcohol level |
1201 | of 0.08 or higher; or |
1202 | 2. Permanently if the person has been previously |
1203 | disqualified from operating a commercial motor vehicle under |
1204 | this section or his or her driving privilege has been previously |
1205 | suspended for driving or being in actual physical control of a |
1206 | commercial motor vehicle, or any motor vehicle if the driver |
1207 | holds a commercial driver's license, and had an unlawful blood- |
1208 | alcohol level or breath-alcohol level of 0.08 or higher. |
1209 |
|
1210 | The disqualification period commences on the date of the arrest |
1211 | or issuance of the notice of disqualification. |
1212 | Section 21. Except as otherwise expressly provided in this |
1213 | act, this act shall take effect July 1, 2009. |