Florida Senate - 2009 CS for SB 1778
By the Committee on Transportation and Economic Development
Appropriations; and Senator Fasano
606-04020A-09 20091778c1
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; terminating the DUI Programs
4 Coordination Trust Fund within the Department of
5 Highway Safety and Motor Vehicles; transferring the
6 current balances in and revenues of the trust fund to
7 the Highway Safety Operating Trust Fund within the
8 department; requiring that the department pay any
9 outstanding debts and obligations of the fund;
10 requiring that the Chief Financial Officer close out
11 and remove the trust fund from the state accounting
12 systems; amending ss. 17.61 and 215.20, F.S.; deleting
13 references to the DUI Programs Coordination Trust Fund
14 within the Department of Highway Safety and Motor
15 Vehicles; amending s. 316.066, F.S.; increasing the
16 fee for a copy of a crash report provided by a
17 certified traffic records center; amending s. 316.605,
18 F.S.; deleting a reference to registration decal to
19 conform to changes made by the act; amending s.
20 318.15, F.S.; increasing the service charge relating
21 to the suspension of a driver’s license; amending s.
22 319.23, F.S.; increasing the fee relating to an
23 application for a certificate of title; amending s.
24 319.32, F.S.; requiring an additional fee for each
25 subsequent inspection of a vehicle that receives a
26 physical examination; providing that the proceeds from
27 such fees be deposited into the General Revenue Fund
28 and the Highway Safety Operating Trust Fund; amending
29 ss. 319.323 and 319.324, F.S.; increasing the fee
30 relating to expedited service on title transfers,
31 title issuances, duplicate titles, recordation of
32 liens, and certificates of repossession; conforming
33 provisions to changes made by the act; amending s.
34 319.33, F.S.; deleting references to decals for the
35 identification of a motor vehicle; ss. 319.34 and
36 320.02, F.S.; conforming provisions to changes made by
37 the act; amending s. 320.023, F.S.; requiring that any
38 voluntary contribution on a motor vehicle registration
39 application be deposited into and distributed from the
40 Motor Vehicle License Clearing Trust Fund; s. 320.025,
41 F.S.; conforming provisions to changes made by the
42 act; amending s. 320.03, F.S.; increasing a fee on
43 license registrations to cover the costs of the
44 Florida Real Time Vehicle Information System; amending
45 s. 320.031, F.S.; conforming provisions to changes
46 made by the act; amending s. 320.04, F.S.; revising
47 provisions relating to service charges for the
48 issuance of registration certificates for a vehicle,
49 vessel, or mobile home to conform to changes made by
50 the act; amending s. 320.05, F.S.; revising provisions
51 relating to fees for providing lists of motor vehicle
52 or vessel records; amending s. 320.055, F.S.; deleting
53 provisions relating to driver’s license registration
54 periods and renewal periods; amending ss. 320.06 and
55 320.0607, F.S.; extending the period for which
56 registration license plates are issued and replaced;
57 increasing fees for the replacement of such plates;
58 amending ss. 320.061, 320.07, and 320.071, F.S.;
59 conforming provisions to changes made by the act;
60 amending s. 320.08, F.S.; increasing the annual
61 license taxes imposed for the operation of motor
62 vehicles, mopeds, motorized bicycles, and mobile
63 homes; providing that a certain portion of each tax be
64 deposited into the General Revenue Fund; revising
65 provisions to changes made by the act; amending s.
66 320.08035, F.S.; conforming a cross-reference;
67 amending s. 320.08046, F.S.; increasing the surcharge
68 levied on each license tax; increasing the percentage
69 of the proceeds of such surcharge for deposit into the
70 General Revenue Fund; amending s. 320.0805, F.S.;
71 increasing the processing fee for personalized
72 prestige license plates; amending s. 320.08056, F.S.;
73 increasing the processing fee for specialty license
74 plates; amending s. 320.0807, F.S.; conforming a
75 cross-reference; amending s. 320.081, F.S.; revising
76 provisions relating to the distribution of annual
77 license taxes imposed on mobile homes, park trailers,
78 travel trailers, and fifth-wheel trailers exceeding 35
79 feet in body length; requiring that such distribution
80 be made by payment by warrant drawn by the Chief
81 Financial Officer upon the treasury on a monthly basis
82 from the License Tax Collection Trust Fund; amending
83 s. 320.084, F.S.; revising provisions relating to
84 license plates for certain disabled veterans to
85 conform to changes made by the act; conforming a
86 cross-reference; amending s. 320.086, F.S.; conforming
87 provisions to changes made by the act; amending s.
88 320.0894, F.S.; deleting provisions relating to Gold
89 Star license plates to conform to changes made by the
90 act; amending ss. 320.10, 320.26, and 320.261, F.S.;
91 conforming provisions to changes made by the act;
92 amending s. 320.822, F.S.; deleting the definition of
93 the term “seal” or “label”; repealing s. 320.824,
94 F.S.; deleting provisions authorizing the department
95 to adopt rules relating to the uniform mobile home
96 standards; deleting provisions authorizing the
97 department or its agent to enter a place or
98 establishment where mobile homes are manufactured,
99 sold, or offered for sale; amending s. 320.8245, F.S.;
100 conforming provisions to changes made by the act;
101 amending s. 320.8249, F.S.; conforming a cross
102 reference; repealing s. 320.8255, F.S.; relating to
103 mobile home inspections; amending ss. 320.827 and
104 320.834, F.S.; deleting provisions to conform to
105 changes made by the act; amending s. 321.23, F.S.;
106 increasing the cost of receiving a copy of a crash
107 report from the Department of Highway Safety and Motor
108 Vehicles; amending s. 322.051, F.S.; revising
109 provisions relating to a fee for obtaining a duplicate
110 identification card; amending s. 322.081, F.S.;
111 requiring that any voluntary contribution on a
112 driver’s license application be deposited into and
113 distributed from the Motor Vehicle License Clearing
114 Trust Fund; amending s. 322.12, F.S.; increasing the
115 examination fees for subsequent knowledge and skills
116 tests for a driver’s license if an applicant failed
117 the initial tests; amending s. 322.20, F.S.;
118 increasing the fee for obtaining records from the
119 Division of Drivers Licenses; amending s. 322.201,
120 F.S.; revising provisions relating to the
121 certification of certain records as evidence; amending
122 s. 322.21, F.S.; increasing licensing fees; creating
123 s. 322.2715, F.S.; requiring that an installer of a
124 ignition interlock device collect and remit an
125 installation fee to the department to be deposited
126 into the Highway Safety Operating Trust Fund for the
127 operation of the Ignition Interlock Device Program;
128 amending ss. 322.29 and 322.293, F.S.; conforming
129 provisions to changes made by the act; providing
130 effective dates.
131
132 Be It Enacted by the Legislature of the State of Florida:
133
134 Section 1. (1) The DUI Programs Coordination Trust Fund
135 within the Department of Highway Safety and Motor Vehicles,
136 FLAIR number 76-2-172, is terminated.
137 (2) All current balances remaining in, and all revenues of,
138 the trust fund shall be transferred to the Highway Safety
139 Operating Trust Fund within the Department of Highway Safety and
140 Motor Vehicles, FLAIR number 76-2-009.
141 (3) The Department of Highway Safety and Motor Vehicles
142 shall pay any outstanding debts and obligations of the
143 terminated trust fund, as soon as practicable. The Chief
144 Financial Officer shall close out and remove the terminated fund
145 from the various state accounting systems using generally
146 accepted accounting principles concerning warrants outstanding,
147 assets, and liabilities.
148 Section 2. Paragraph (c) of subsection (3) of section
149 17.61, Florida Statutes, is amended to read:
150 17.61 Chief Financial Officer; powers and duties in the
151 investment of certain funds.—
152 (3)
153 (c) Except as provided in this paragraph and except for
154 moneys described in paragraph (d), the following agencies shall
155 not invest trust fund moneys as provided in this section, but
156 shall retain such moneys in their respective trust funds for
157 investment, with interest appropriated to the General Revenue
158 Fund, pursuant to s. 17.57:
159 1. The Agency for Health Care Administration, except for
160 the Tobacco Settlement Trust Fund.
161 2. The Agency for Persons with Disabilities, except for:
162 a. The Federal Grants Trust Fund.
163 b. The Tobacco Settlement Trust Fund.
164 3. The Department of Children and Family Services, except
165 for:
166 a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
167 b. The Social Services Block Grant Trust Fund.
168 c. The Tobacco Settlement Trust Fund.
169 d. The Working Capital Trust Fund.
170 4. The Department of Community Affairs, only for the
171 Operating Trust Fund.
172 5. The Department of Corrections.
173 6. The Department of Elderly Affairs, except for:
174 a. The Federal Grants Trust Fund.
175 b. The Tobacco Settlement Trust Fund.
176 7. The Department of Health, except for:
177 a. The Federal Grants Trust Fund.
178 b. The Grants and Donations Trust Fund.
179 c. The Maternal and Child Health Block Grant Trust Fund.
180 d. The Tobacco Settlement Trust Fund.
181 8. The Department of Highway Safety and Motor Vehicles,
182 only for:
183 a. The DUI Programs Coordination Trust Fund.
184 b. the Security Deposits Trust Fund.
185 9. The Department of Juvenile Justice.
186 10. The Department of Law Enforcement.
187 11. The Department of Legal Affairs.
188 12. The Department of State, only for:
189 a. The Grants and Donations Trust Fund.
190 b. The Records Management Trust Fund.
191 13. The Executive Office of the Governor, only for:
192 a. The Economic Development Transportation Trust Fund.
193 b. The Economic Development Trust Fund.
194 14. The Florida Public Service Commission, only for the
195 Florida Public Service Regulatory Trust Fund.
196 15. The Justice Administrative Commission.
197 16. The state courts system.
198 Section 3. Paragraphs (m) through (x) of subsection (4) of
199 section 215.20, Florida Statutes, are amended to read:
200 215.20 Certain income and certain trust funds to contribute
201 to the General Revenue Fund.—
202 (4) The income of a revenue nature deposited in the
203 following described trust funds, by whatever name designated, is
204 that from which the appropriations authorized by subsection (3)
205 shall be made:
206 (m) Within the Department of Highway Safety and Motor
207 Vehicles, the DUI Programs Coordination Trust Fund.
208 (m)(n) Within the Department of Legal Affairs, the Crimes
209 Compensation Trust Fund.
210 (n)(o) Within the Department of Management Services:
211 1. The Administrative Trust Fund.
212 2. The Architects Incidental Trust Fund.
213 3. The Bureau of Aircraft Trust Fund.
214 4. The Florida Facilities Pool Working Capital Trust Fund.
215 5. The Grants and Donations Trust Fund.
216 6. The Police and Firefighters’ Premium Tax Trust Fund.
217 7. The Public Employees Relations Commission Trust Fund.
218 8. The State Personnel System Trust Fund.
219 9. The Supervision Trust Fund.
220 10. The Working Capital Trust Fund.
221 (o)(p) Within the Department of Revenue:
222 1. The Additional Court Cost Clearing Trust Fund.
223 2. The Administrative Trust Fund.
224 3. The Certification Program Trust Fund.
225 4. The Fuel Tax Collection Trust Fund.
226 5. The Local Alternative Fuel User Fee Clearing Trust Fund.
227 6. The Local Option Fuel Tax Trust Fund.
228 7. The Motor Vehicle Rental Surcharge Clearing Trust Fund.
229 8. The Motor Vehicle Warranty Trust Fund.
230 9. The Oil and Gas Tax Trust Fund.
231 10. The Operations Trust Fund.
232 11. The Severance Tax Solid Mineral Trust Fund.
233 12. The State Alternative Fuel User Fee Clearing Trust
234 Fund.
235 13. All taxes levied on motor fuels other than gasoline
236 levied pursuant to the provisions of s. 206.87(1)(a).
237 (p)(q) Within the Department of State:
238 1. The Records Management Trust Fund.
239 2. The trust funds administered by the Division of
240 Historical Resources.
241 (q)(r) Within the Department of Transportation, all income
242 derived from outdoor advertising and overweight violations which
243 is deposited in the State Transportation Trust Fund.
244 (r)(s) Within the Department of Veterans’ Affairs:
245 1. The Grants and Donations Trust Fund.
246 2. The Operations and Maintenance Trust Fund.
247 3. The State Homes for Veterans Trust Fund.
248 (s)(t) Within the Division of Administrative Hearings, the
249 Administrative Trust Fund.
250 (t)(u) Within the Fish and Wildlife Conservation
251 Commission:
252 1. The Conservation and Recreation Lands Program Trust
253 Fund.
254 2. The Florida Panther Research and Management Trust Fund.
255 3. The Land Acquisition Trust Fund.
256 4. The Marine Resources Conservation Trust Fund, with the
257 exception of those fees collected for recreational saltwater
258 fishing licenses as provided in s. 379.354.
259 (u)(v) Within the Florida Public Service Commission, the
260 Florida Public Service Regulatory Trust Fund.
261 (v)(w) Within the Justice Administrative Commission, the
262 Indigent Criminal Defense Trust Fund.
263 (w)(x) Within the Office of Financial Regulation of the
264 Financial Services Commission:
265 1. The Administrative Trust Fund.
266 2. The Anti-Fraud Trust Fund.
267 3. The Financial Institutions’ Regulatory Trust Fund.
268 4. The Regulatory Trust Fund.
269
270 The enumeration of the foregoing moneys or trust funds shall not
271 prohibit the applicability of s. 215.24 should the Governor
272 determine that for the reasons mentioned in s. 215.24 the money
273 or trust funds should be exempt herefrom, as it is the purpose
274 of this law to exempt income from its force and effect when, by
275 the operation of this law, federal matching funds or
276 contributions or private grants to any trust fund would be lost
277 to the state.
278 Section 4. Subsection (4) of section 316.066, Florida
279 Statutes, is amended to read:
280 316.066 Written reports of crashes.—
281 (4)(a) One or more counties may enter into an agreement
282 with the appropriate state agency to be certified by the agency
283 to have a traffic records center for the purpose of tabulating
284 and analyzing countywide traffic crash reports. The agreement
285 must include: certification by the agency that the center has
286 adequate auditing and monitoring mechanisms in place to ensure
287 the quality and accuracy of the data; the time period in which
288 the traffic records center must report crash data to the agency;
289 and the medium in which the traffic records must be submitted to
290 the agency.
291 (b) In the case of a county or multicounty area that has a
292 certified central traffic records center, a law enforcement
293 agency or driver must submit to the center within the time limit
294 prescribed in this section a written report of the crash. A
295 driver who is required to file a crash report must be notified
296 of the proper place to submit the completed report.
297 (c) Fees for copies of public records provided by a
298 certified traffic records center shall be charged and collected
299 as follows:
300
301 For a crash report.......................$10 $2 per copy.
302 For a homicide report.......................$25 per copy.
303 For a uniform traffic citation............$0.50 per copy.
304
305 The fees collected for copies of the public records provided by
306 a certified traffic records center shall be used to fund the
307 center or otherwise as designated by the county or counties
308 participating in the center.
309 Section 5. Subsection (1) of section 316.605, Florida
310 Statutes, is amended to read:
311 316.605 Licensing of vehicles.—
312 (1) Every vehicle, at all times while driven, stopped, or
313 parked upon any highways, roads, or streets of this state, shall
314 be licensed in the name of the owner thereof in accordance with
315 the laws of this state unless such vehicle is not required by
316 the laws of this state to be licensed in this state and shall,
317 except as otherwise provided in s. 320.0706 for front-end
318 registration license plates on truck tractors and s. 320.086(5)
319 which exempts display of license plates on described former
320 military vehicles, display the license plate or both of the
321 license plates assigned to it by the state, one on the rear and,
322 if two, the other on the front of the vehicle, each to be
323 securely fastened to the vehicle outside the main body of the
324 vehicle not higher than 60 inches and not lower than 12 inches
325 from the ground and no more than 24 inches to the left or right
326 of the centerline of the vehicle, and in such manner as to
327 prevent the plates from swinging, and all letters, numerals,
328 printing, writing, and other identification marks upon the
329 plates regarding the word “Florida,” the registration decal, and
330 the alphanumeric designation shall be clear and distinct and
331 free from defacement, mutilation, grease, and other obscuring
332 matter, so that they will be plainly visible and legible at all
333 times 100 feet from the rear or front. Vehicle license plates
334 shall be affixed and displayed in such a manner that the letters
335 and numerals shall be read from left to right parallel to the
336 ground. No vehicle license plate may be displayed in an inverted
337 or reversed position or in such a manner that the letters and
338 numbers and their proper sequence are not readily identifiable.
339 Nothing shall be placed upon the face of a Florida plate except
340 as permitted by law or by rule or regulation of a governmental
341 agency. No license plates other than those furnished by the
342 state shall be used. However, if the vehicle is not required to
343 be licensed in this state, the license plates on such vehicle
344 issued by another state, by a territory, possession, or district
345 of the United States, or by a foreign country, substantially
346 complying with the provisions hereof, shall be considered as
347 complying with this chapter. A violation of this subsection is a
348 noncriminal traffic infraction, punishable as a nonmoving
349 violation as provided in chapter 318.
350 Section 6. Subsection (2) of section 318.15, Florida
351 Statutes, is amended to read:
352 318.15 Failure to comply with civil penalty or to appear;
353 penalty.—
354 (2) After suspension of the driver’s license and privilege
355 to drive of a person under subsection (1), the license and
356 privilege may not be reinstated until the person complies with
357 all obligations and penalties imposed on him or her under s.
358 318.18 and presents to a driver license office a certificate of
359 compliance issued by the court, together with a nonrefundable
360 service charge of up to $60 $47.50 imposed under s. 322.29, or
361 presents a certificate of compliance and pays the aforementioned
362 service charge of up to $47.50 to the clerk of the court or a
363 driver licensing agent authorized in s. 322.135 clearing such
364 suspension. Of the charge collected by the clerk of the court or
365 driver licensing agent, $22.50 $10 shall be remitted to the
366 Department of Revenue to be deposited into the Highway Safety
367 Operating Trust Fund. Such person shall also be in compliance
368 with requirements of chapter 322 prior to reinstatement.
369 Section 7. Subsection (6) of section 319.23, Florida
370 Statutes, is amended to read:
371 319.23 Application for, and issuance of, certificate of
372 title.—
373 (6) In the case of the sale of a motor vehicle or mobile
374 home by a licensed dealer to a general purchaser, the
375 certificate of title shall be obtained in the name of the
376 purchaser by the dealer upon application signed by the
377 purchaser, and in each other case such certificate shall be
378 obtained by the purchaser. In each case of transfer of a motor
379 vehicle or mobile home, the application for certificate of
380 title, or corrected certificate, or assignment or reassignment,
381 shall be filed within 30 days from the delivery of such motor
382 vehicle or mobile home to the purchaser. An applicant shall be
383 required to pay a fee of $15 $10, in addition to all other fees
384 and penalties required by law, for failing to file such
385 application within the specified time. When a licensed dealer
386 acquires a motor vehicle or mobile home as a trade-in, the
387 dealer must file with the department, within 30 days, a notice
388 of sale signed by the seller. The department shall update its
389 database for that title record to indicate “sold.” A licensed
390 dealer need not apply for a certificate of title for any motor
391 vehicle or mobile home in stock acquired for stock purposes
392 except as provided in s. 319.225.
393 Section 8. Section 319.32, Florida Statutes, is amended to
394 read:
395 319.32 Fees; service charges; disposition.—
396 (1) The department shall charge a fee of $40 $24 for each
397 original certificate of title except for a certificate of title
398 for a motor vehicle for hire registered under s. 320.08(6), for
399 which the title fee shall be $19 $3, $40 $24 for each duplicate
400 copy of a certificate of title except for a certificate of title
401 for a motor vehicle for hire registered under s. 320.08(6), for
402 which the title fee shall be $19 $3, $2 for each salvage
403 certificate of title, and $3 for each assignment by a
404 lienholder. It shall also charge a fee of $2 for noting a lien
405 on a title certificate, which fee shall include the services for
406 the subsequent issuance of a corrected certificate or
407 cancellation of lien when that lien is satisfied. If an
408 application for a certificate of title is for a vehicle that is
409 required to have a physical examination as provided in s.
410 319.14(1)(b) for a rebuilt vehicle, the department shall charge
411 an additional fee of $40 for each initial inspection and $20 for
412 each subsequent inspection. The initial inspection fee shall be
413 deposited into the General Revenue Fund and the subsequent
414 inspection fee shall be deposited into the Highway Safety
415 Operating Trust Fund. A physical examination of a vehicle must
416 include, but need not be limited to, verification of the vehicle
417 identification number and verification of the bills of sale or
418 title for major components conducting a physical examination of
419 the vehicle to assure its identity. In addition to all other
420 fees charged, a sum of $1 shall be paid for the issuance of an
421 original or duplicate certificate of title to cover the cost of
422 materials used for security purposes.
423 Section 9. Section 319.323, Florida Statutes, is amended to
424 read:
425 319.323 Expedited service; applications; fees.—The
426 department shall establish a separate title office which may be
427 utilized by private citizens and licensed motor vehicle dealers
428 to receive expedited service on title transfers, title
429 issuances, duplicate titles, and recordation of liens, and
430 certificates of repossession. A fee of $10 $7 shall be charged
431 for this service, which fee is in addition to the fees imposed
432 by s. 319.32. Application for such expedited service may be made
433 by mail or in person. The department shall issue each title
434 applied for pursuant to this section within 5 working days after
435 receipt of the application except for an application for a
436 duplicate title certificate covered by s. 319.23(4), in which
437 case the title must be issued within 5 working days after
438 compliance with the department’s verification requirements.
439 Section 10. Subsection (1) of section 319.324, Florida
440 Statutes, is amended to read:
441 319.324 Odometer fraud prevention and detection; funding.—
442 (1) Moneys received by the department pursuant to s.
443 319.32(1) in the amount of $1 for each original certificate of
444 title, each duplicate copy of a certificate of title, and each
445 assignment by a lienholder shall be deposited into the Highway
446 Safety Operating Trust Fund. There shall also be deposited into
447 the fund moneys received by the department pursuant to s.
448 319.323 in the amount of $5 $2 for each expedited service
449 performed by the department for which a fee is assessed.
450 Section 11. Subsection (5) of section 319.33, Florida
451 Statutes, is amended to read:
452 319.33 Offenses involving vehicle identification numbers,
453 applications, certificates, papers; penalty.—
454 (5) It is unlawful for any person, firm, or corporation to
455 knowingly possess, manufacture, sell or exchange, offer to sell
456 or exchange, supply in blank, or give away any counterfeit
457 manufacturer’s or state-assigned identification number plates or
458 serial plates or any decal used for the purpose of
459 identification of any motor vehicle; or for any officer, agent,
460 or employee of any person, firm, or corporation, or any person
461 who shall authorize, direct, aid in exchange, or give away such
462 counterfeit manufacturer’s or state-assigned identification
463 number plates or serial plates or any decal; or conspire to do
464 any of the foregoing. However, nothing in this subsection shall
465 be applicable to any approved replacement manufacturer’s or
466 state-assigned identification number plates or serial plates or
467 any decal issued by the department or any state.
468 Section 12. Section 319.34, Florida Statutes, is amended to
469 read:
470 319.34 Transfer without delivery of certificate; operation
471 or use without certificate; failure to surrender; other
472 violations.—Whoever, except as otherwise provided for in this
473 chapter, purports to sell or transfer a motor vehicle or mobile
474 home without delivering to the purchaser or transferee thereof a
475 certificate of title thereto duly assigned to such purchaser as
476 provided in this chapter or operates or uses in this state a
477 motor vehicle or mobile home for which a certificate of title is
478 required without such certificate having been obtained in
479 accordance with the provisions of this chapter, or upon which
480 the certificate of title has been canceled; whoever fails to
481 surrender any certificate of title, certificate of registration,
482 or license plate, or sticker upon cancellation of the same by
483 the department and notice thereof as prescribed in this chapter;
484 whoever fails to surrender the certificate of title to the
485 department as provided in this chapter in case of the
486 destruction or dismantling or change of a motor vehicle or
487 mobile home in such respect that it is not the motor vehicle or
488 mobile home described in the certificate of title; or whoever
489 violates any of the other provisions of this chapter, or any
490 lawful rule adopted pursuant to the provisions of this chapter,
491 shall be fined not more than $500 or imprisoned for not more
492 than 6 months, or both, for each offense.
493 Section 13. Paragraph (b) of subsection (16) of section
494 320.02, Florida Statutes, is amended to read:
495 320.02 Registration required; application for registration;
496 forms.—
497 (16) The department is authorized to withhold registration
498 or re-registration of a motor vehicle if the name of the owner
499 or of a coowner appears on a list submitted to the department by
500 a licensed motor vehicle dealer for a previous registration of
501 that vehicle. The motor vehicle dealer must maintain signed
502 evidence that the owner or coowner acknowledged the dealer’s
503 authority to submit the list to the department if he or she
504 failed to pay and must note the amount for which the owner or
505 coowner would be responsible for the vehicle registration. The
506 dealer must maintain the necessary documentation required in
507 this subsection or face penalties as provided in s. 320.27. This
508 subsection does not affect the issuance of a title to a motor
509 vehicle.
510 (b) If the registered owner’s dispute complies with
511 paragraph (a), the department shall immediately remove the motor
512 vehicle owner or coowner’s name from the list, thereby allowing
513 the issuance of a license plate or revalidation sticker.
514 Section 14. Paragraph (c) of subsection (5) of section
515 320.023, Florida Statutes, is amended to read:
516 320.023 Requests to establish voluntary checkoff on motor
517 vehicle registration application.—
518 (5) A voluntary contribution collected and distributed
519 under this chapter, or any interest earned from those
520 contributions, may not be used for commercial or for-profit
521 activities nor for general or administrative expenses, except as
522 authorized by law.
523 (c) Any voluntary contributions authorized by law must be
524 deposited into and distributed from the Motor Vehicle License
525 Clearing Trust Fund to the recipients specified in chapter 320
526 shall only be distributed to an organization under an
527 appropriation by the Legislature.
528 Section 15. Subsection (1) of section 320.025, Florida
529 Statutes, is amended to read:
530 320.025 Registration certificate and license plate or decal
531 issued under fictitious name; application.—
532 (1) A confidential registration certificate and
533 registration license plate or decal shall be issued under a
534 fictitious name only for a motor vehicle or vessel owned or
535 operated by a law enforcement agency of state, county,
536 municipal, or federal government, the Attorney General’s
537 Medicaid Fraud Control Unit, or any state public defender’s
538 office. The requesting agency shall file a written application
539 with the department on forms furnished by the department, which
540 includes a statement that the license plate or decal will be
541 used for the Attorney General’s Medicaid Fraud Control Unit or
542 law enforcement or any state public defender’s office activities
543 requiring concealment of publicly leased or owned motor vehicles
544 or vessels and a statement of the position classifications of
545 the individuals who are authorized to use the license plate or
546 decal. The department may modify its records to reflect the
547 fictitious identity of the owner or lessee until such time as
548 the license plate or decal and registration certificate are
549 surrendered to it.
550 Section 16. Subsections (1), (2), (3), (5), and (8) of
551 section 320.03, Florida Statutes, are amended to read:
552 320.03 Registration; duties of tax collectors;
553 International Registration Plan.—
554 (1) The tax collectors in the several counties of the
555 state, as authorized agents of the department, shall issue
556 registration certificates, registration license plates,
557 validation stickers, and mobile home decals stickers to
558 applicants, subject to the requirements of law, in accordance
559 with rules of the department. Any person, firm, or corporation
560 representing itself, through advertising or naming of the
561 business, to be an authorized agent of the department shall be
562 deemed guilty of an unfair and deceptive trade practice as
563 defined in part II of chapter 501. No such person, firm, or
564 corporation shall use either the state or county name as a part
565 of their business name when such use can reasonably be
566 interpreted as an official state or county office.
567 (2) The department may require each tax collector to give a
568 bond, payable to the department, conditioned that the tax
569 collector faithfully and truly perform the duties imposed upon
570 him or her according to the requirements of law and the rules
571 and regulations of the department and that the tax collector pay
572 over and account for all validation stickers, records, and other
573 property and money that comes into his or her possession or
574 control by reason of such service. The amount of the bond is to
575 be determined by the department based on an amount not more than
576 10 percent above the average of the daily deposits of each tax
577 collector.
578 (3) Each tax collector shall keep a full and complete
579 record and account of all validation stickers, mobile home
580 decals stickers, or other properties received by him or her from
581 the department, or from any other source. Notwithstanding
582 chapter 116, every county officer within this state authorized
583 to collect funds provided for in this chapter shall pay all sums
584 officially received by the officer into the State Treasury no
585 later than 5 working days after the close of the business day in
586 which the officer received the funds. Payment by county officers
587 to the state shall be made by means of electronic funds
588 transfer.
589 (5) A fee of $1 50 cents shall be charged, in addition to
590 the fees required under s. 320.08, on every license registration
591 sold to cover the costs of the Florida Real Time Vehicle
592 Information System. The fees collected hereunder shall be
593 distributed as follows: 50 25 cents into the Highway Safety
594 Operating Trust Fund shall be used to fund the Florida Real Time
595 Vehicle Information System and may be used to fund the general
596 operations of the department and 50 25 cents into the Highway
597 Safety Operating Trust Fund to be used exclusively to fund the
598 Florida Real Time Vehicle Information System. The only use of
599 this latter portion of the fee shall be to fund the Florida Real
600 Time Vehicle Information System equipment, software, personnel
601 associated with the maintenance and programming of the system,
602 and networks used in the offices of the county tax collectors as
603 agents of the department and the ancillary technology necessary
604 to integrate the Florida Real Time Vehicle Information System
605 with other tax collection systems. The department shall
606 administer this program upon consultation with the Florida Tax
607 Collectors, Inc., to ensure that each county tax collector’s
608 office will be technologically equipped and functional for the
609 operation of the Florida Real Time Vehicle Information System.
610 Any of the designated revenue collected to support functions of
611 the county tax collectors and not used in a given year will
612 remain exclusively in the trust fund as a carryover to the
613 following year.
614 (8) If the applicant’s name appears on the list referred to
615 in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
616 plate or revalidation sticker may not be issued until that
617 person’s name no longer appears on the list or until the person
618 presents a receipt from the clerk showing that the fines
619 outstanding have been paid. This subsection does not apply to
620 the owner of a leased vehicle if the vehicle is registered in
621 the name of the lessee of the vehicle. The tax collector and the
622 clerk of the court are each entitled to receive monthly, as
623 costs for implementing and administering this subsection, 10
624 percent of the civil penalties and fines recovered from such
625 persons. As used in this subsection, the term “civil penalties
626 and fines” does not include a wrecker operator’s lien as
627 described in s. 713.78(13). If the tax collector has private tag
628 agents, such tag agents are entitled to receive a pro rata share
629 of the amount paid to the tax collector, based upon the
630 percentage of license plates and revalidation stickers issued by
631 the tag agent compared to the total issued within the county.
632 The authority of any private agent to issue license plates shall
633 be revoked, after notice and a hearing as provided in chapter
634 120, if he or she issues any license plate or revalidation
635 sticker contrary to the provisions of this subsection. This
636 section applies only to the annual renewal in the owner’s birth
637 month of a motor vehicle registration and does not apply to the
638 transfer of a registration of a motor vehicle sold by a motor
639 vehicle dealer licensed under this chapter, except for the
640 transfer of registrations which is inclusive of the annual
641 renewals. This section does not affect the issuance of the title
642 to a motor vehicle, notwithstanding s. 319.23(7)(b).
643 Section 17. Section 320.031, Florida Statutes, is amended
644 to read:
645 320.031 Mailing of registration certificates and, license
646 plates, and validation stickers.—
647 (1) The department and the tax collectors of the several
648 counties of the state may at the request of the applicant use
649 United States mail service to deliver registration certificates
650 and renewals thereof, license plates, and mobile home decals
651 stickers, and validation stickers to applicants.
652 (2) A mail service charge may be collected for each
653 registration certificate, license plate, and mobile home decal
654 sticker, and validation sticker mailed by the department or any
655 tax collector. Each registration certificate, license plate, and
656 mobile home decal sticker, and validation sticker shall be
657 mailed by first-class mail unless otherwise requested by the
658 applicant. The amount of the mail service charge shall be the
659 actual postage required, rounded to the nearest 5 cents, plus a
660 25-cent handling charge. The mail service charge is in addition
661 to the service charge provided by s. 320.04. All charges
662 collected by the department under this section shall be
663 deposited into the Highway Safety Operating Trust Fund.
664 Section 18. Paragraph (a) of subsection (1) of section
665 320.04, Florida Statutes, is amended to read:
666 320.04 Registration service charge.—
667 (1)(a) There shall be a service charge of $2.50 for each
668 application that which is handled in connection with original
669 issuance, duplicate issuance, or transfer of any license plate
670 or, mobile home decal sticker, or validation sticker or with
671 transfer or duplicate issuance of any registration certificate.
672 There shall may also be a service charge of $3, $2 of which
673 shall be deposited into the General Revenue Fund and $1
674 deposited into the Highway Safety Operating Trust Fund, up to $1
675 for the issuance of each vehicle, vessel, or mobile home
676 registration receipt license plate validation sticker, vessel
677 decal, and mobile home sticker issued from an automated vending
678 facility or printer dispenser machine which shall be payable to
679 and retained by the department to provide for automated vending
680 facilities or printer dispenser machines used to dispense such
681 stickers and decals by each tax collector’s or license tag
682 agent’s employee.
683 Section 19. Paragraphs (b) and (e) of subsection (3) of
684 section 320.05, Florida Statutes, are amended to read:
685 320.05 Records of the department; inspection procedure;
686 lists and searches; fees.—
687 (3)
688 (b) Fees therefor shall be charged and collected as
689 follows:
690 1. For providing lists of motor vehicle or vessel records
691 for the entire state, or any part or parts thereof, divided
692 according to counties, a sum computed at a rate of not less than
693 1 cent nor more than 5 cents per item.
694 2. For providing noncertified photographic copies of motor
695 vehicle or vessel documents, $1 per page.
696 3. For providing noncertified photographic copies of
697 micrographic records, $1 per page.
698 4. For providing certified copies of motor vehicle or
699 vessel records, $3 per record.
700 5. For providing noncertified computer-generated printouts
701 of motor vehicle or vessel records, 50 cents per record.
702 6. For providing certified computer-generated printouts of
703 motor vehicle or vessel records, $3 per record.
704 7. For providing electronic access to motor vehicle,
705 vessel, and mobile home registration data requested by tag,
706 vehicle identification number, title number, or vessel or mobile
707 home decal number, 50 cents per item.
708 8. For providing electronic access to driver’s license
709 status report by name, sex, and date of birth or by driver
710 license number, 50 cents per item.
711 9. For providing lists of licensed mobile home dealers and
712 manufacturers and recreational vehicle dealers and
713 manufacturers, $15 per list.
714 10. For providing lists of licensed motor vehicle dealers,
715 $25 per list.
716 11. For each copy of a videotape record, $15 per tape.
717 12. For each copy of the Division of Motor Vehicles
718 Procedures Manual, $25.
719 (e) When motor vehicle, vessel, or mobile home registration
720 data is provided by electronic access through a tax collector’s
721 office, the applicable fee as provided in paragraph (b) must be
722 collected and deposited pursuant to paragraph (c) a fee for the
723 electronic access is not required to be assessed. However, at
724 the tax collector’s discretion, a fee equal to or less than the
725 fee charged by the department for such information may be
726 assessed by the tax collector for the electronic access.
727 Notwithstanding paragraph (c), any funds collected by the tax
728 collector as a result of providing such access shall be retained
729 by the tax collector.
730 Section 20. Paragraph (c) of subsection (1) of section
731 320.055, Florida Statutes, is amended to read:
732 320.055 Registration periods; renewal periods.—The
733 following registration periods and renewal periods are
734 established:
735 (1)
736 (c) Notwithstanding the requirements of paragraph (a), the
737 owner of a motor vehicle subject to paragraph (a) who has had
738 his or her driver’s license suspended pursuant to a violation of
739 s. 316.193 or pursuant to s. 322.26(2) for driving under the
740 influence must obtain a 6-month registration as a condition of
741 reinstating the license, subject to renewal during the 3-year
742 period that financial responsibility requirements apply. The
743 registration period begins the first day of the birth month of
744 the owner and ends the last day of the fifth month immediately
745 following the owner’s birth month. For such vehicles, the
746 department shall issue a vehicle registration certificate that
747 is valid for 6 months and shall issue a validation sticker that
748 displays an expiration date of 6 months after the date of
749 issuance. The license tax required by s. 320.08 and all other
750 applicable license taxes shall be one-half of the amount
751 otherwise required, except the service charge required by s.
752 320.04 shall be paid in full for each 6-month registration. A
753 vehicle required to be registered under this paragraph is not
754 eligible for the extended registration period under paragraph
755 (b).
756 Section 21. Section 320.06, Florida Statutes, as amended by
757 section 2 of chapter 2009-14, Laws of Florida, is amended to
758 read:
759 320.06 Registration certificates and, license plates, and
760 validation stickers generally.—
761 (1)(a) Upon the receipt of an initial application for
762 registration and payment of the appropriate license tax and
763 other fees required by law, the department shall assign to the
764 motor vehicle a registration license number consisting of
765 letters and numerals or numerals and issue to the owner or
766 lessee a certificate of registration and one registration
767 license plate, unless two plates are required for display by s.
768 320.0706, for each vehicle so registered.
769 (b) Registration license plates bearing a graphic symbol
770 and the alphanumeric system of identification shall be issued
771 for a 10-year 6-year period. At the end of that 10-year 6-year
772 period, upon renewal, the plate shall be replaced. The
773 department shall extend the scheduled license plate replacement
774 date to the 10-year period. The department shall stagger the
775 implementation of the 6-year license plate replacement cycle.
776 The fee for such replacement is $25 $12, $2.50 $2 of which shall
777 be paid each year before the plate is replaced, to be credited
778 towards the next $25 $12 replacement fee. The fees shall be
779 deposited into the Highway Safety Operating Trust Fund. A credit
780 or refund may shall not be given for any prior years’ payments
781 of such prorated replacement fee if the plate is replaced or
782 surrendered before the end of the 10-year 6-year period, except
783 that a credit may be given when a registrant is required by the
784 department to replace a license plate under s. 320.08056(8)(a).
785 With each license plate, there shall be issued a validation
786 sticker showing the owner’s birth month, license plate number,
787 and the year of expiration or the appropriate renewal period if
788 the owner is not a natural person. The validation sticker shall
789 be placed on the upper right corner of the license plate. Such
790 license plate and validation sticker shall be issued based on
791 the applicant’s appropriate renewal period. The registration
792 period is a period of 12 months, the extended registration
793 period is a period of 24 months, and all expirations shall occur
794 based on the applicant’s appropriate registration period. A
795 vehicle with an apportioned registration shall be issued an
796 annual license plate and a cab card that denote the declared
797 gross vehicle weight for each apportioned jurisdiction in which
798 the vehicle is authorized to operate.
799 (c) Registration license plates equipped with validation
800 stickers subject to the registration period are valid for not
801 more than 12 months and expire at midnight on the last day of
802 the registration period. A registration license plate equipped
803 with a validation sticker subject to the extended registration
804 period is valid for not more than 24 months and expires at
805 midnight on the last day of the extended registration period.
806 For each registration period after the one in which the metal
807 registration license plate is issued, and until the license
808 plate is required to be replaced, a validation sticker showing
809 the month and year of expiration shall be issued upon payment of
810 the proper license tax amount and fees and is valid for not more
811 than 12 months. For each extended registration period occurring
812 after the one in which the metal registration license plate is
813 issued and until the license plate is required to be replaced, a
814 validation sticker showing the year of expiration shall be
815 issued upon payment of the proper license tax amount and fees
816 and is valid for not more than 24 months. When license plates
817 equipped with validation stickers are issued in any month other
818 than the owner’s birth month or the designated registration
819 period for any other motor vehicle, the effective date shall
820 reflect the birth month or month and the year of renewal.
821 However, when a license plate or validation sticker is issued
822 for a period of less than 12 months, the applicant shall pay the
823 appropriate amount of license tax and the applicable fee under
824 s. 320.14 in addition to all other fees. Validation stickers
825 issued for vehicles taxed under s. 320.08(6)(a), for any company
826 that owns 250 vehicles or more, or for semitrailers taxed under
827 the provisions of s. 320.08(5)(a), for any company that owns 50
828 vehicles or more, may be placed on any vehicle in the fleet so
829 long as the vehicle receiving the validation sticker has the
830 same owner’s name and address as the vehicle to which the
831 validation sticker was originally assigned.
832 (2) The department shall provide the several tax collectors
833 and license plate agents with the necessary number of validation
834 stickers.
835 (2)(3)(a) Registration license plates shall be of metal
836 specially treated with a retroreflective material, as specified
837 by the department. The registration license plate is designed to
838 increase nighttime visibility and legibility and shall be at
839 least 6 inches wide and not less than 12 inches in length,
840 unless a plate with reduced dimensions is deemed necessary by
841 the department to accommodate motorcycles, mopeds, or similar
842 smaller vehicles. Validation stickers shall be treated with a
843 retroreflective material, shall be of such size as specified by
844 the department, and shall adhere to the license plate. The
845 registration license plate shall be imprinted with a combination
846 of bold letters and numerals or numerals, not to exceed seven
847 digits, to identify the registration license plate number. The
848 license plate shall also be imprinted with the word “Florida” at
849 the top and the name of the county in which it is sold, the
850 state motto, or the words “Sunshine State” at the bottom.
851 Apportioned license plates shall have the word “Apportioned” at
852 the bottom and license plates issued for vehicles taxed under s.
853 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) shall have
854 the word “Restricted” at the bottom. License plates issued for
855 vehicles taxed under s. 320.08(12) must be imprinted with the
856 word “Florida” at the top and the word “Dealer” at the bottom.
857 Manufacturer license plates issued for vehicles taxed under s.
858 320.08(12) must be imprinted with the word “Florida” at the top
859 and the word “Manufacturer” at the bottom. License plates issued
860 for vehicles taxed under s. 320.08(5)(d) or (e) must be
861 imprinted with the word “Wrecker” at the bottom. Any county may,
862 upon majority vote of the county commission, elect to have the
863 county name removed from the license plates sold in that county.
864 The state motto or the words “Sunshine State” shall be printed
865 in lieu thereof. A license plate issued for a vehicle taxed
866 under s. 320.08(6) may not be assigned a registration license
867 number, or be issued with any other distinctive character or
868 designation, that distinguishes the motor vehicle as a for-hire
869 motor vehicle.
870 (b) A materials processing An additional fee of $2, $1.50
871 of which shall be deposited into the General Revenue Fund 50
872 cents shall be collected and 50 cents shall be deposited into
873 the Highway Safety Operating Trust Fund, for on each motor
874 vehicle registration or motor vehicle renewal registration
875 issued in this state in order that all license plates and
876 validation stickers be fully treated with retroreflective
877 material.
878 (3)(4) The corporation organized under chapter 946 may
879 manufacture license plates, validation stickers, and decals, as
880 well as temporary tags, disabled hang tags, vessel decals, and
881 fuel use decals, for the Department of Highway Safety and Motor
882 Vehicles as provided in this chapter and chapter 327. The
883 Department of Highway Safety and Motor Vehicles is not required
884 to obtain competitive bids in order to contract with the
885 corporation.
886 Section 22. Section 320.0607, Florida Statutes, are amended
887 to read:
888 320.0607 Replacement license plates, validation decal, or
889 mobile home decal sticker.—
890 (1) Any law enforcement officer or department license and
891 registration inspector may at any time inspect a license plate
892 or validation decal for proper display and legibility as
893 prescribed by chapter 316. A damaged or defaced plate or decal
894 may be required to be replaced.
895 (2) When a license plate or, mobile home decal sticker, or
896 validation decal has been lost, stolen, or destroyed, the owner
897 of the motor vehicle or mobile home for which the plate,
898 sticker, or decal was issued shall make application to the
899 department for a replacement. The application shall contain the
900 plate, sticker, or decal number being replaced and a statement
901 that the item was lost, stolen, or destroyed. If the application
902 includes a copy of the police report prepared in response to a
903 report of a stolen plate, sticker, or mobile home decal, such
904 plate, sticker, or mobile home decal must be replaced at no
905 charge.
906 (3) Except as provided in subsection (2), in all such
907 cases, upon filing of an application accompanied by a fee of $25
908 $10 plus applicable service charges, the department shall issue
909 a replacement plate, sticker, or mobile home decal as the case
910 may be if it is satisfied that the information reported in the
911 application is true. The replacement fee shall be deposited into
912 the Highway Safety Operating Trust Fund.
913 (4) Any license plate, sticker, or decal lost in the mail
914 may be replaced at no charge. Neither the service charge nor the
915 replacement fee shall be applied to this replacement. However,
916 the application for a replacement shall contain a statement of
917 such fact, the audit number of the lost item, and the date
918 issued.
919 (5) Upon the issuance of an original license plate, the
920 applicant shall pay a fee of $25 $10 to be deposited in the
921 Highway Safety Operating Trust Fund.
922 (6) All funds derived from the sale of temporary tags under
923 the provisions of s. 320.131 shall be deposited in the Highway
924 Safety Operating Trust Fund.
925 Section 23. Section 320.061, Florida Statutes, is amended
926 to read:
927 320.061 Unlawful to alter motor vehicle registration
928 certificates, license plates, mobile home decals stickers, or
929 validation stickers or to obscure license plates; penalty.—No
930 person shall alter the original appearance of any registration
931 license plate, mobile home decal sticker, validation sticker, or
932 vehicle registration certificate issued for and assigned to any
933 motor vehicle or mobile home, whether by mutilation, alteration,
934 defacement, or change of color or in any other manner. No person
935 shall apply or attach any substance, reflective matter,
936 illuminated device, spray, coating, covering, or other material
937 onto or around any license plate that interferes with the
938 legibility, angular visibility, or detectability of any feature
939 or detail on the license plate or interferes with the ability to
940 record any feature or detail on the license plate. Any person
941 who violates this section commits a misdemeanor of the second
942 degree, punishable as provided in s. 775.082 or s. 775.083.
943 Section 24. Subsection (3) of section 320.07, Florida
944 Statutes, is amended to read:
945 320.07 Expiration of registration; renewal required;
946 penalties.—
947 (3) The operation of any motor vehicle without having
948 attached thereto a registration license plate and validation
949 stickers, or the use of any mobile home without having attached
950 thereto a mobile home decal sticker, for the current
951 registration period shall subject the owner thereof, if he or
952 she is present, or, if the owner is not present, the operator
953 thereof to the following penalty provisions:
954 (a) Any person whose motor vehicle or mobile home
955 registration has been expired for a period of 6 months or less
956 commits a noncriminal traffic infraction, punishable as a
957 nonmoving violation as provided in chapter 318.
958 (b) Any person whose motor vehicle or mobile home
959 registration has been expired for more than 6 months, upon a
960 first offense, is subject to the penalty provided in s. 318.14.
961 (c) Any person whose motor vehicle or mobile home
962 registration has been expired for more than 6 months, upon a
963 second or subsequent offense, commits a misdemeanor of the
964 second degree, punishable as provided in s. 775.082 or s.
965 775.083.
966 (d) However, an operator shall not be charged with a
967 violation of this subsection if the operator can show, pursuant
968 to a valid lease agreement, that the vehicle had been leased for
969 a period of 30 days or less at the time of the offense.
970 (e) Any servicemember, as defined in s. 250.01, whose
971 mobile home registration expired while he or she was serving on
972 active duty or state active duty shall not be charged with a
973 violation of this subsection if, at the time of the offense, the
974 servicemember was serving on active duty or state active duty 35
975 miles or more from the mobile home. The servicemember must
976 present to the department either a copy of the official military
977 orders or a written verification signed by the servicemember’s
978 commanding officer to receive a waiver of charges.
979 (f) The owner of a leased motor vehicle is not responsible
980 for any penalty specified in this subsection if the motor
981 vehicle is registered in the name of the lessee of the motor
982 vehicle.
983 Section 25. Subsections (2) and (3) of section 320.071,
984 Florida Statutes, are amended to read:
985 320.071 Advance registration renewal; procedures.—
986 (2) Upon the filing of the application and payment of the
987 appropriate license tax under s. 320.08, service charges
988 required by s. 320.04, and any additional fees required by law,
989 the department or its agent shall issue to the owner of the
990 motor vehicle or mobile home a validation sticker or mobile home
991 decal sticker, as appropriate, which, when affixed to the
992 license plate or mobile home, shall renew the registration for
993 the appropriate registration period.
994 (3) Any person who uses a mobile home decal sticker or
995 validation sticker without lawful authority or who willfully
996 violates any rule of the department relating to this section is
997 guilty of a misdemeanor of the second degree, punishable as
998 provided in s. 775.082 or s. 775.083.
999 Section 26. Subsections (1) through (9) and subsections
1000 (12) through (15) of section 320.08, Florida Statutes, as
1001 amended by section 3 of chapter 2009-14, Laws of Florida, are
1002 amended to read:
1003 320.08 License taxes.—Except as otherwise provided herein,
1004 there are hereby levied and imposed annual license taxes for the
1005 operation of motor vehicles, mopeds, motorized bicycles as
1006 defined in s. 316.003(2), and mobile homes, as defined in s.
1007 320.01, which shall be paid to and collected by the department
1008 or its agent upon the registration or renewal of registration of
1009 the following:
1010 (1) MOTORCYCLES AND MOPEDS.—
1011 (a) Any motorcycle: $11 $10 flat, $1 of which is deposited
1012 into the General Revenue Fund.
1013 (b) Any moped: $6 $5 flat, $1 of which is deposited into
1014 the General Revenue Fund.
1015 (c) Upon registration of any motorcycle, motor-driven
1016 cycle, or moped there shall be paid in addition to the license
1017 taxes specified in this subsection a nonrefundable motorcycle
1018 safety education fee in the amount of $2.50. The proceeds of
1019 such additional fee shall be deposited in the Highway Safety
1020 Operating Trust Fund to fund a motorcycle driver improvement
1021 program implemented pursuant to s. 322.025, the Florida
1022 Motorcycle Safety Education Program established in s. 322.0255,
1023 or the general operations of the department.
1024 (d) An ancient or antique motorcycle: $11 $10 flat, $1 of
1025 which is deposited into the General Revenue Fund.
1026 (2) AUTOMOBILES FOR PRIVATE USE.—
1027 (a) An ancient or antique automobile, as defined in s.
1028 320.086, or a street rod, as defined in s. 320.0863: $8.50 $7.50
1029 flat, $1 of which is deposited into the General Revenue Fund.
1030 (b) Net weight of less than 2,500 pounds: $16 $14.50 flat,
1031 $1.50 of which is deposited into the General Revenue Fund.
1032 (c) Net weight of 2,500 pounds or more, but less than 3,500
1033 pounds: $24.75 $22.50 flat, $2.25 of which is deposited into the
1034 General Revenue Fund.
1035 (d) Net weight of 3,500 pounds or more: $35.75 $32.50 flat,
1036 $3.25 of which is deposited into the General Revenue Fund.
1037 (3) TRUCKS.—
1038 (a) Net weight of less than 2,000 pounds: $16 $14.50 flat,
1039 $1.50 of which is deposited into the General Revenue Fund.
1040 (b) Net weight of 2,000 pounds or more, but not more than
1041 3,000 pounds: $24.75 $22.50 flat, $2.25 of which is deposited
1042 into the General Revenue Fund.
1043 (c) Net weight more than 3,000 pounds, but not more than
1044 5,000 pounds: $35.75 $32.50 flat, $3.25 of which is deposited
1045 into the General Revenue Fund.
1046 (d) A truck defined as a “goat,” or any other vehicle when
1047 used in the field by a farmer or in the woods for the purpose of
1048 harvesting a crop, including naval stores, during such
1049 harvesting operations, and which is not principally operated
1050 upon the roads of the state: $8.50 $7.50 flat, $1 of which is
1051 deposited into the General Revenue Fund. A “goat” is a motor
1052 vehicle designed, constructed, and used principally for the
1053 transportation of citrus fruit within citrus groves or for the
1054 transportation of crops on farms, and which can also be used for
1055 the hauling of associated equipment or supplies, including
1056 required sanitary equipment, and the towing of farm trailers.
1057 (e) An ancient or antique truck, as defined in s. 320.086:
1058 $8.50 $7.50 flat, $1 of which is deposited into the General
1059 Revenue Fund.
1060 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1061 VEHICLE WEIGHT.—
1062 (a) Gross vehicle weight of 5,001 pounds or more, but less
1063 than 6,000 pounds: $49.50 $45 flat, $4.50 of which is deposited
1064 into the General Revenue Fund.
1065 (b) Gross vehicle weight of 6,000 pounds or more, but less
1066 than 8,000 pounds: $71.50 $65 flat, $6.50 of which is deposited
1067 into the General Revenue Fund.
1068 (c) Gross vehicle weight of 8,000 pounds or more, but less
1069 than 10,000 pounds: $84 $76 flat, $8 of which is deposited into
1070 the General Revenue Fund.
1071 (d) Gross vehicle weight of 10,000 pounds or more, but less
1072 than 15,000 pounds: $96 $87 flat, $9 of which is deposited into
1073 the General Revenue Fund.
1074 (e) Gross vehicle weight of 15,000 pounds or more, but less
1075 than 20,000 pounds: $144 $131 flat, $13 of which is deposited
1076 into the General Revenue Fund.
1077 (f) Gross vehicle weight of 20,000 pounds or more, but less
1078 than 26,001 pounds: $205 $186 flat, $19 of which is deposited
1079 into the General Revenue Fund.
1080 (g) Gross vehicle weight of 26,001 pounds or more, but less
1081 than 35,000: $264 $240 flat, $24 of which is deposited into the
1082 General Revenue Fund.
1083 (h) Gross vehicle weight of 35,000 pounds or more, but less
1084 than 44,000 pounds: $330 $300 flat, $30 of which is deposited
1085 into the General Revenue Fund.
1086 (i) Gross vehicle weight of 44,000 pounds or more, but less
1087 than 55,000 pounds: $629 $572 flat, $57 of which is deposited
1088 into the General Revenue Fund.
1089 (j) Gross vehicle weight of 55,000 pounds or more, but less
1090 than 62,000 pounds: $746 $678 flat, $68 of which is deposited
1091 into the General Revenue Fund.
1092 (k) Gross vehicle weight of 62,000 pounds or more, but less
1093 than 72,000 pounds: $880 $800 flat, $80 of which is deposited
1094 into the General Revenue Fund.
1095 (l) Gross vehicle weight of 72,000 pounds or more: $1,077
1096 $979 flat, $98 of which is deposited into the General Revenue
1097 Fund.
1098 (m) Notwithstanding the declared gross vehicle weight, a
1099 truck tractor used within a 150-mile radius of its home address
1100 shall be eligible for a license plate for a fee of $264 $240
1101 flat, $24 of which is deposited into the General Revenue Fund
1102 if:
1103 1. The truck tractor is used exclusively for hauling
1104 forestry products; or
1105 2. The truck tractor is used primarily for the hauling of
1106 forestry products, and is also used for the hauling of
1107 associated forestry harvesting equipment used by the owner of
1108 the truck tractor.
1109 (n) A truck tractor or heavy truck, not operated as a for
1110 hire vehicle, which is engaged exclusively in transporting raw,
1111 unprocessed, and nonmanufactured agricultural or horticultural
1112 products within a 150-mile radius of its home address, shall be
1113 eligible for a restricted license plate for a fee of $71.50 $65
1114 flat, $6.50 of which is deposited into the General Revenue Fund,
1115 if such vehicle’s declared gross vehicle weight is less than
1116 44,000 pounds; or $264 $240 flat, $24 of which is deposited into
1117 the General Revenue Fund, if such vehicle’s declared gross
1118 vehicle weight is 44,000 pounds or more and such vehicle only
1119 transports:
1120 1. From the point of production to the point of primary
1121 manufacture;
1122 2. From the point of production to the point of assembling
1123 the same; or
1124 3. From the point of production to a shipping point of
1125 either a rail, water, or motor transportation company.
1126
1127 Such not-for-hire truck tractors and heavy trucks used
1128 exclusively in transporting raw, unprocessed, and
1129 nonmanufactured agricultural or horticultural products may be
1130 incidentally used to haul farm implements and fertilizers when
1131 delivered direct to the growers. The department may require any
1132 such documentation deemed necessary to determine eligibility
1133 prior to issuance of this license plate. For the purpose of this
1134 paragraph, “not-for-hire” means the owner of the motor vehicle
1135 must also be the owner of the raw, unprocessed, and
1136 nonmanufactured agricultural or horticultural product, or the
1137 user of the farm implements and fertilizer being delivered.
1138 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1139 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
1140 (a)1. A semitrailer drawn by a GVW truck tractor by means
1141 of a fifth-wheel arrangement: $11 $10 flat, $1 of which is
1142 deposited into the General Revenue Fund per registration year or
1143 any part thereof.
1144 2. A semitrailer drawn by a GVW truck tractor by means of a
1145 fifth-wheel arrangement: $55 $50 flat, $5 of which is deposited
1146 into the General Revenue Fund per permanent registration.
1147 (b) A motor vehicle equipped with machinery and designed
1148 for the exclusive purpose of well drilling, excavation,
1149 construction, spraying, or similar activity, and which is not
1150 designed or used to transport loads other than the machinery
1151 described above over public roads: $35.75 $32.50 flat, $3.25 of
1152 which is deposited into the General Revenue Fund.
1153 (c) A school bus used exclusively to transport pupils to
1154 and from school or school or church activities or functions
1155 within their own county: $33 $30 flat, $3 of which is deposited
1156 into the General Revenue Fund.
1157 (d) A wrecker, as defined in s. 320.01(40), which is used
1158 to tow a vessel as defined in s. 327.02(39), a disabled,
1159 abandoned, stolen-recovered, or impounded motor vehicle as
1160 defined in s. 320.01(38), or a replacement motor vehicle as
1161 defined in s. 320.01(39):$33 $30 flat, $3 of which is deposited
1162 into the General Revenue Fund.
1163 (e) A wrecker, as defined in s. 320.01(40), which is used
1164 to tow any motor vehicle, regardless of whether or not such
1165 motor vehicle is a disabled motor vehicle as defined in s.
1166 320.01(38), a replacement motor vehicle as defined in s.
1167 320.01(39), a vessel as defined in s. 327.02(39), or any other
1168 cargo, as follows:
1169 1. Gross vehicle weight of 10,000 pounds or more, but less
1170 than 15,000 pounds: $96 $87 flat, $9 of which is deposited into
1171 the General Revenue Fund.
1172 2. Gross vehicle weight of 15,000 pounds or more, but less
1173 than 20,000 pounds: $144 $131 flat, $13 of which is deposited
1174 into the General Revenue Fund.
1175 3. Gross vehicle weight of 20,000 pounds or more, but less
1176 than 26,000 pounds: $205 $186 flat, $19 of which is deposited
1177 into the General Revenue Fund.
1178 4. Gross vehicle weight of 26,000 pounds or more, but less
1179 than 35,000 pounds: $264 $240 flat, $24 of which is deposited
1180 into the General Revenue Fund.
1181 5. Gross vehicle weight of 35,000 pounds or more, but less
1182 than 44,000 pounds: $330 $300 flat, $30 of which is deposited
1183 into the General Revenue Fund.
1184 6. Gross vehicle weight of 44,000 pounds or more, but less
1185 than 55,000 pounds: $629 $572 flat, $57 of which is deposited
1186 into the General Revenue Fund.
1187 7. Gross vehicle weight of 55,000 pounds or more, but less
1188 than 62,000 pounds: $746 $678 flat, $68 of which is deposited
1189 into the General Revenue Fund.
1190 8. Gross vehicle weight of 62,000 pounds or more, but less
1191 than 72,000 pounds: $880 $800 flat, $80 of which is deposited
1192 into the General Revenue Fund.
1193 9. Gross vehicle weight of 72,000 pounds or more: $1,077
1194 $979 flat, $98 of which is deposited in the General Revenue
1195 Fund.
1196 (f) A hearse or ambulance: $33 $30 flat, $3 of which is
1197 deposited into the General Revenue Fund.
1198 (6) MOTOR VEHICLES FOR HIRE.—
1199 (a) Under nine passengers: $13.75 $12.50 flat, $1.25 of
1200 which is deposited into the General Revenue Fund plus $1 per
1201 cwt.
1202 (b) Nine passengers and over: $13.75 $12.50 flat, $1.25 of
1203 which is deposited into the General Revenue Fund plus $1.50 per
1204 cwt.
1205 (7) TRAILERS FOR PRIVATE USE.—
1206 (a) Any trailer weighing 500 pounds or less: $6 $5 flat, $1
1207 of which is deposited into the General Revenue Fund per year or
1208 any part thereof.
1209 (b) Net weight over 500 pounds: $2.75 $2.50 flat, 25 cents
1210 of which is deposited into the General Revenue Fund plus 75
1211 cents per cwt.
1212 (8) TRAILERS FOR HIRE.—
1213 (a) Net weight under 2,000 pounds: $2.75 $2.50 flat, 25
1214 cents of which is deposited into the General Revenue Fund plus
1215 $1 per cwt.
1216 (b) Net weight 2,000 pounds or more: $11 $10 flat, $1 of
1217 which is deposited into the General Revenue Fund plus $1 per
1218 cwt.
1219 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
1220 (a) A travel trailer or fifth-wheel trailer, as defined by
1221 s. 320.01(1)(b), that does not exceed 35 feet in length: $22 $20
1222 flat, $2 of which is deposited into the General Revenue Fund.
1223 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $11
1224 $10 flat, $1 of which is deposited into the General Revenue
1225 Fund.
1226 (c) A motor home, as defined by s. 320.01(1)(b)4.:
1227 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1228 of which is deposited into the General Revenue Fund.
1229 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1230 $3.50 of which is deposited into the General Revenue Fund.
1231 (d) A truck camper as defined by s. 320.01(1)(b)3.:
1232 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1233 of which is deposited into the General Revenue Fund.
1234 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1235 $3.50 of which is deposited into the General Revenue Fund.
1236 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
1237 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1238 of which is deposited into the General Revenue Fund.
1239 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1240 $3.50 of which is deposited into the General Revenue Fund.
1241 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
1242 motor vehicle dealer, independent motor vehicle dealer, marine
1243 boat trailer dealer, or mobile home dealer and manufacturer
1244 license plate: $14 $12.50 flat, $1.50 of which is deposited into
1245 the General Revenue Fund.
1246 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
1247 official license plate: $3.50 $3 flat, 50 cents of which is
1248 deposited into the General Revenue Fund.
1249 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
1250 vehicle for hire operated wholly within a city or within 25
1251 miles thereof: $14 $12.50 flat, $1.50 of which is deposited into
1252 the General Revenue Fund, plus $1.50 per cwt.
1253 (15) TRANSPORTER.—Any transporter license plate issued to a
1254 transporter pursuant to s. 320.133: $83 $75 flat, $8 of which is
1255 deposited into the General Revenue Fund.
1256 Section 27. Section 320.08035, Florida Statutes, is amended
1257 to read:
1258 320.08035 Persons who have disabilities; reduced dimension
1259 license plate.—The owner or lessee of a motorcycle, moped, or
1260 motorized disability access vehicle who resides in this state
1261 and qualifies for a parking permit for a person who has a
1262 disability under s. 320.0848, upon application and payment of
1263 the appropriate license tax and fees under s. 320.08(1), must be
1264 issued a license plate that has reduced dimensions as provided
1265 under s. 320.06(2)(a) s. 320.06(3)(a). The plate must be stamped
1266 with the international symbol of accessibility after the numeric
1267 and alpha serial number of the license plate. The plate entitles
1268 the person to all privileges afforded by a disabled parking
1269 permit issued under s. 320.0848.
1270 Section 28. Section 320.08046, Florida Statutes, is amended
1271 to read:
1272 320.08046 Surcharge on license tax; General Revenue Fund.
1273 There is levied on each license tax imposed under s. 320.08,
1274 except those set forth in s. 320.08(11), a surcharge in the
1275 amount of $5 $1, which shall be collected in the same manner as
1276 the license tax. Of the proceeds of the license tax surcharge,
1277 $4.50 58 percent shall be deposited into the General Revenue
1278 Fund and 50 cents 42 percent shall be deposited into the Grants
1279 and Donations Trust Fund in the Department of Juvenile Justice
1280 to fund the community juvenile justice partnership grants
1281 program.
1282 Section 29. Subsection (2) of section 320.0805, Florida
1283 Statutes, as amended by section 4 of chapter 2009-14, Laws of
1284 Florida, is amended to read:
1285 320.0805 Personalized prestige license plates.—
1286 (2) Each request for specific numbers or letters or
1287 combinations thereof shall be submitted annually to the
1288 department on an application form supplied by the department,
1289 accompanied by the following tax and fees:
1290 (a) The license tax required for the vehicle, as set forth
1291 in s. 320.08.
1292 (b) A prestige plate annual use fee of $10.
1293 (c) A processing fee of $5 $2, $3 of which shall be
1294 deposited into the General Revenue Fund and $2 to be deposited
1295 into the Highway Safety Operating Trust Fund.
1296 Section 30. Subsection (3) of section 320.08056, Florida
1297 Statutes, as amended by section 5 of chapter 2009-14, Laws of
1298 Florida, is amended to read:
1299 320.08056 Specialty license plates.—
1300 (3) Each request must be made annually to the department,
1301 accompanied by the following tax and fees:
1302 (a) The license tax required for the vehicle as set forth
1303 in s. 320.08.
1304 (b) A processing fee of $5 $2, $3 of which shall to be
1305 deposited into the General Revenue Fund and $2 deposited into
1306 the Highway Safety Operating Trust Fund.
1307 (c) A license plate fee as required by s. 320.06(1)(b).
1308 (d) A license plate annual use fee as required in
1309 subsection (4).
1310
1311 A request may be made any time during a registration period. If
1312 a request is made for a specialty license plate to replace a
1313 current valid license plate, the specialty license plate must be
1314 issued with appropriate decals attached at no tax for the plate,
1315 but all fees and service charges must be paid. When a request is
1316 made for a specialty license plate at the beginning of the
1317 registration period, the tax, together with all applicable fees
1318 and service charges, must be paid.
1319 Section 31. Subsection (4) of section 320.0807, Florida
1320 Statutes, is amended to read:
1321 320.0807 Special license plates for Governor and federal
1322 and state legislators.—
1323 (4) License plates purchased under subsection (1),
1324 subsection (2), or subsection (3) shall be replaced by the
1325 department at no cost, other than the fees required by ss.
1326 320.04 and 320.06(2)(b) 320.06(3)(b), when the person to whom
1327 such plates have been issued leaves the elective office with
1328 respect to which such license plates were issued. Within 30 days
1329 after leaving office, the person to whom such license plates
1330 have been issued shall make application to the department for a
1331 replacement license plate. Such person may return the prestige
1332 license plates to the department or may retain such plates as
1333 souvenirs. Upon receipt of the replacement license plate, such
1334 person shall not continue to display on any vehicle the prestige
1335 license plate or plates issued with respect to his or her former
1336 office.
1337 Section 32. Subsection (5) of section 320.081, Florida
1338 Statutes, is amended to read:
1339 320.081 Collection and distribution of annual license tax
1340 imposed on the following type units.—
1341 (5) The department shall keep records showing the total
1342 number of stickers issued to each type unit governed by this
1343 section, the total amount of license taxes collected, and the
1344 county or city wherein each such unit is located and shall from
1345 month to month certify to the Chief Financial Officer the amount
1346 derived from license taxes in each county and each city within
1347 the county. Such amount, less the amount of $1.50 collected on
1348 each license and the $1 license tax surcharge imposed by s.
1349 320.08015, shall be paid to the counties and cities within the
1350 counties wherein the unit or units are located as follows: one
1351 half to the district school board and the remainder either to
1352 the board of county commissioners, for units which are located
1353 within the unincorporated areas of the county, or to any city
1354 within such county, for units which are located within its
1355 corporate limits. Payment shall be by warrant drawn by the Chief
1356 Financial Officer upon the treasury, on a which amount is hereby
1357 appropriated monthly basis out of the License Tax Collection
1358 Trust Fund.
1359 Section 33. Subsections (3) and (4) of section 320.084,
1360 Florida Statutes, are amended to read:
1361 320.084 Free motor vehicle license plate to certain
1362 disabled veterans.—
1363 (3) The department shall, as it deems necessary, require
1364 each person to whom a motor vehicle license plate has been
1365 issued pursuant to subsection (1) to apply to the department for
1366 reissuance of his or her registration license plate. Upon
1367 receipt of the application and proof of the applicant’s
1368 continued eligibility, the department shall issue a new
1369 permanent “DV” numerical motor vehicle license plate which shall
1370 be of the colors red, white, and blue similar to the colors of
1371 the United States flag. The operation of a motor vehicle
1372 displaying a “DV” license plate from a previous issue period or
1373 a noncurrent validation sticker after the date specified by the
1374 department shall subject the owner if he or she is present,
1375 otherwise the operator, to the penalty provided in s. 318.18(2).
1376 Such permanent license plate shall be removed upon sale of the
1377 vehicle, but may be transferred to another vehicle owned by such
1378 veteran in the manner prescribed by law. The license number of
1379 each plate issued under this section shall be identified by the
1380 letter designation “DV.” Upon request of any such veteran, the
1381 department is authorized to issue a designation plate containing
1382 only the letters “DV,” to be displayed on the front of the
1383 vehicle.
1384 (4)(a) With the issuance of each new permanent “DV”
1385 numerical motor vehicle license plate, the department shall
1386 initially issue, without cost to the applicant, a validation
1387 sticker reflecting the owner’s birth month and a serially
1388 numbered validation sticker reflecting the year of expiration.
1389 The initial sticker reflecting the year of expiration may not
1390 exceed 15 months.
1391 (a)(b) There shall be a service charge in accordance with
1392 the provisions of s. 320.04 for each initial application or
1393 renewal of registration and an additional sum of 50 cents on
1394 each license plate and validation sticker as provided in s.
1395 320.06(2)(b) s. 320.06(3)(b).
1396 (b)(c) Registration under this section shall be renewed
1397 annually during the applicable renewal period on forms
1398 prescribed by the department, which shall include, in addition
1399 to any other information required by the department, a certified
1400 statement as to the continued eligibility of the applicant to
1401 receive the special “DV” license plate. Any applicant who
1402 falsely or fraudulently submits to the department the certified
1403 statement required by this paragraph is guilty of a noncriminal
1404 violation and is subject to a civil penalty of $50.
1405 Section 34. Subsection (4) of section 320.086, Florida
1406 Statutes, is amended to read:
1407 320.086 Ancient or antique motor vehicles; horseless
1408 carriage, antique, or historical license plates; former military
1409 vehicles.—
1410 (4) Any person who is the registered owner of a motor
1411 vehicle as defined in this section and manufactured in the model
1412 year 1974 or earlier may apply to the department for permission
1413 to use a historical Florida license plate that clearly
1414 represents the model year of the vehicle as a personalized
1415 prestige license plate. This plate shall be furnished by such
1416 person and shall be presented to the department with a
1417 reasonable fee to be determined by the department for approval
1418 and for authentication that the historic license plate and any
1419 applicable decals were issued by this state in the same year as
1420 the model year of the car or truck. The requirements of s.
1421 320.0805(8)(b) do not apply to historical plates authorized
1422 under this subsection.
1423 Section 35. Subsections (3) and (5) of section 320.0894,
1424 Florida Statutes, are amended to read:
1425 320.0894 Motor vehicle license plates to Gold Star family
1426 members.—The department shall develop a special license plate
1427 honoring the family members of servicemembers who have been
1428 killed while serving in the Armed Forces of the United States.
1429 The license plate shall be officially designated as the Gold
1430 Star license plate and shall be developed and issued as provided
1431 in this section.
1432 (3)(a) Each owner or lessee of an automobile or truck for
1433 private use, truck weighing not more than 7,999 pounds, or
1434 recreational vehicle as specified in s. 320.08(9)(c) or (d),
1435 which automobile, truck, or vehicle is not used for hire or
1436 commercial use, who is a resident of this state, and who meets
1437 the qualifications provided in subsection (4) shall, upon
1438 application therefor to the department and payment of the
1439 license tax and appropriate fees established in this chapter, be
1440 issued a Gold Star license plate. Each initial application for a
1441 Gold Star license plate must be accompanied by proof that the
1442 applicant meets the requirements provided in subsection (4).
1443 (b) The surviving spouse and a surviving parent meeting the
1444 requirements in subsection (4) shall each, upon application
1445 therefor, be issued the Gold Star license plate for one vehicle
1446 per household free of charge. Renewal decals for the plate
1447 issued under this paragraph shall be issued at no cost.
1448 (5) An eligible family member may request a Gold Star
1449 license plate at any time during his or her registration period.
1450 If such a license plate is to replace a current valid license
1451 plate, the license plate shall be issued with appropriate
1452 renewal decals attached.
1453 Section 36. Subsection (2) of section 320.10, Florida
1454 Statutes, is amended to read:
1455 320.10 Exemptions.—
1456 (2) Any such vehicle or mobile home, except one owned or
1457 operated exclusively by the Federal Government, shall be
1458 furnished a license plate, validation sticker, or mobile home
1459 decal sticker upon the proper application to the department and
1460 upon the payment of $3 to cover the cost of same. For any motor
1461 vehicle or mobile home which is exempt under paragraph (1)(a),
1462 there shall be issued a license plate, validation sticker, or
1463 mobile home decal sticker prescribed by s. 320.06; and for any
1464 vehicle which is exempt under paragraphs (1)(c)-(h), there shall
1465 be issued a license plate under series “X.” Vehicles exempt
1466 under this provision must be equipped with proper license plates
1467 showing such exempt status.
1468 Section 37. Section 320.26, Florida Statutes, is amended to
1469 read:
1470 320.26 Counterfeiting license plates, validation stickers,
1471 mobile home decals stickers, cab cards, trip permits, or special
1472 temporary operational permits prohibited; penalty.—
1473 (1)(a) No person shall counterfeit registration license
1474 plates, validation stickers, or mobile home decals stickers, or
1475 have in his or her possession any such plates or decals
1476 stickers; nor shall any person manufacture, sell, or dispose of
1477 registration license plates, validation stickers, or mobile home
1478 decals stickers in the state without first having obtained the
1479 permission and authority of the department in writing.
1480 (b) No person shall counterfeit, alter, or manufacture
1481 International Registration Plan cab cards, trip permits, special
1482 temporary permits, or temporary operational permits; nor shall
1483 any person sell or dispose of International Registration Plan
1484 cab cards, trip permits, special temporary permits, or temporary
1485 operational permits without first having obtained the permission
1486 and authority of the department in writing.
1487 (2) Any person who violates this section is guilty of a
1488 felony of the third degree.
1489 (a) If the violator is a natural person, he or she is
1490 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1491 (b) If the violator is an association or corporation, it is
1492 punishable as provided in s. 775.083, and the official of the
1493 association or corporation under whose direction or with whose
1494 knowledge, consent, or acquiescence such violation occurred may
1495 be punished as provided in s. 775.082, in addition to the fine
1496 which may be imposed upon such association or corporation.
1497 Section 38. Section 320.261, Florida Statutes, is amended
1498 to read:
1499 320.261 Attaching registration license plate not assigned
1500 unlawful; penalty.—Any person who knowingly attaches to any
1501 motor vehicle or mobile home any registration license plate, or
1502 who knowingly attaches any validation sticker or mobile home
1503 decal sticker to a registration license plate, which plate or
1504 decal sticker was not issued and assigned or lawfully
1505 transferred to such vehicle, is guilty of a misdemeanor of the
1506 second degree, punishable as provided in s. 775.082 or s.
1507 775.083.
1508 Section 39. Subsections (13) through (18) of section
1509 320.822, Florida Statutes, are amended to read:
1510 320.822 Definitions; ss. 320.822-320.862.—In construing ss.
1511 320.822-320.862, unless the context otherwise requires, the
1512 following words or phrases have the following meanings:
1513 (13) “Seal” or “label” means a device issued by the
1514 department certifying that a mobile home or recreational vehicle
1515 meets the appropriate code, which device is to be displayed on
1516 the exterior of the mobile home or recreational vehicle.
1517 (13)(14) “Setup” or “installation” means the operations
1518 performed at the occupancy site which render a mobile home or
1519 park trailer fit for habitation. Such operations include, but
1520 are not limited to, transporting; positioning; blocking;
1521 leveling, supporting, installing foundation products,
1522 components, and systems; connecting utility systems; making
1523 minor adjustments; or assembling multiple or expandable units.
1524 (14)(15) “Substantial defect” means:
1525 (a) Any substantial deficiency or defect in materials or
1526 workmanship occurring to a mobile home or recreational vehicle
1527 which has been reasonably maintained and cared for in normal
1528 use.
1529 (b) Any structural element, utility system, or component of
1530 the mobile home or recreational vehicle, which fails to comply
1531 with the code.
1532 (15)(16) “Supplier” means the original producer of
1533 completed components, including refrigerators, stoves, hot water
1534 heaters, dishwashers, cabinets, air conditioners, heating units,
1535 and similar components, which are furnished to a manufacturer or
1536 dealer for installation in the mobile home or recreational
1537 vehicle prior to sale to a buyer.
1538 (16)(17) “Width of a mobile home” means the distance from
1539 the exterior of one side wall to the exterior of the opposite
1540 side wall where such walls enclose living or other interior
1541 space and such distance includes expandable rooms but not bay
1542 windows, porches, wall and roof extensions, or other
1543 attachments.
1544 (17)(18) “Body size” of a park trailer, travel trailer, or
1545 fifth-wheel trailer means the distance from the exterior side or
1546 end to the opposite exterior side or end of the body. Such
1547 distance includes expandable rooms, bay windows, wall and roof
1548 extensions, or other extrusions in the travel mode. The
1549 following exceptions apply:
1550 (a) Travel trailers shall not exceed 320 square feet. All
1551 square footage measurements are of the exterior when in setup
1552 mode, including bay windows.
1553 (b) Park trailers constructed to ANSI A-119.5 shall not
1554 exceed 400 square feet. Park trailers constructed to the United
1555 States Department of Housing and Urban Development standard
1556 shall not exceed 500 square feet. All square footage
1557 measurements are of the exterior when in setup mode and do not
1558 include bay windows.
1559 (c) Fifth-wheel trailers may not exceed 400 square feet.
1560 All square footage measurements are of the exterior when in
1561 setup mode, including bay windows.
1562 Section 40. Section 320.824, Florida Statutes, is repealed.
1563 Section 41. Section 320.8245, Florida Statutes, is amended
1564 to read:
1565 320.8245 Limitation of alteration or modification to mobile
1566 homes or recreational vehicles.—
1567 (1) LIMITATION OF ALTERATIONS OR MODIFICATIONS.—No
1568 alteration or modification shall be made to a mobile home or
1569 recreational vehicle by a licensed dealer after shipment from
1570 the manufacturer’s plant unless such alteration or modification
1571 is authorized in this section.
1572 (2) EFFECT ON MOBILE HOME WARRANTY.—Unless an alteration or
1573 modification is performed by a qualified person as defined in
1574 subsection (3) (4), the warranty responsibility of the
1575 manufacturer as to the altered or modified item shall be void.
1576 (a) An alteration or modification performed by a mobile
1577 home or recreational vehicle dealer or his or her agent or
1578 employee shall place warranty responsibility for the altered or
1579 modified item upon the dealer. If the manufacturer fulfills, or
1580 is required to fulfill, the warranty on the altered or modified
1581 item, he or she shall be entitled to recover damages in the
1582 amount of his or her costs and attorneys’ fees from the dealer.
1583 (b) An alteration or modification performed by a mobile
1584 home or recreational vehicle owner or his or her agent shall
1585 render the manufacturer’s warranty as to that item void. A
1586 statement shall be displayed clearly and conspicuously on the
1587 face of the warranty that the warranty is void as to the altered
1588 or modified item if the alteration or modification is performed
1589 by other than a qualified person. Failure to display such
1590 statement shall result in warranty responsibility on the
1591 manufacturer.
1592 (3) AUTHORITY OF THE DEPARTMENT.—The department is
1593 authorized to promulgate rules and regulations pursuant to
1594 chapter 120 which define the alterations or modifications which
1595 must be made by qualified personnel. The department may regulate
1596 only those alterations and modifications which substantially
1597 impair the structural integrity or safety of the mobile home.
1598 (3)(4) DESIGNATION AS A QUALIFIED PERSON.—
1599 (a) In order to be designated as a person qualified to
1600 alter or modify a mobile home or recreational vehicle, a person
1601 must comply with local or county licensing or competency
1602 requirements in skills relevant to performing alterations or
1603 modifications on mobile homes or recreational vehicles.
1604 (b) When no local or county licensing or competency
1605 requirements exist, the department may certify persons to
1606 perform mobile home alterations or modifications. The department
1607 shall by rule or regulation determine what skills and competency
1608 requirements are requisite to the issuance of a certification. A
1609 fee sufficient to cover the costs of issuing certifications may
1610 be charged by the department. The certification shall be valid
1611 for a period which terminates when the county or other local
1612 governmental unit enacts relevant competency or licensing
1613 requirements. The certification shall be valid only in counties
1614 or localities without licensing or competency requirements.
1615 (c) The department shall determine which counties and
1616 localities have licensing or competency requirements adequate to
1617 eliminate the requirement of certification. This determination
1618 shall be based on a review of the relevant county or local
1619 standards for adequacy in regulating persons who perform
1620 alterations or modifications to mobile homes. The department
1621 shall find local or county standards adequate when minimal
1622 licensing or competency standards are provided.
1623 Section 42. Subsection (6) of section 320.8249, Florida
1624 Statutes, is amended to read:
1625 320.8249 Mobile home installers license.—
1626 (6) “Installation,” as used herein, is synonymous with
1627 “setup” as defined in s.320.822(13) s. 320.822(14).
1628 Section 43. Section 320.8255, Florida Statutes, is
1629 repealed.
1630 Section 44. Section 320.827, Florida Statutes, is amended
1631 to read:
1632 320.827 Label; procedures for issuance; certification;
1633 requirements.—No dealer shall sell or offer for sale in this
1634 state any new mobile home manufactured after January 1, 1968,
1635 unless the mobile home bears a label and the certification by
1636 the manufacturer that the mobile home to which the label is
1637 attached meets or exceeds the appropriate code. Any mobile home
1638 bearing the insignia of approval pursuant to this section shall
1639 be deemed to comply with the requirements of all local
1640 government ordinances or rules which govern construction, and no
1641 mobile home bearing an the department insignia of approval shall
1642 be in any way modified except in compliance with this chapter.
1643 Labels may be issued by the department when applied for with an
1644 affidavit certifying that the dealer or manufacturer applying
1645 will not attach a label to any new mobile home that does not
1646 meet or exceed the appropriate code. No mobile home may be
1647 manufactured in this state unless it bears a label and
1648 certification that the mobile home meets or exceeds the code of
1649 the United States Department of Housing and Urban Development.
1650 The label for each mobile home shall be displayed in a manner to
1651 be prescribed by the department.
1652 Section 45. Section 320.834, Florida Statutes, is amended
1653 to read:
1654 320.834 Purpose.—It is the intent of the Legislature to
1655 ensure the safety and welfare of residents of mobile homes
1656 through a licensing an inspection program conducted by the
1657 Department of Highway Safety and Motor Vehicles. Mobile homes
1658 are a primary affordable housing resource of many of the
1659 residents of the state and satisfy a large segment of statewide
1660 housing needs. It is the further intent of the Legislature that
1661 the department, mobile home dealers, and mobile home
1662 manufacturers continue to work together to meet the applicable
1663 code requirements for mobile homes and that such dealers and
1664 manufacturers share the responsibilities of warranting mobile
1665 homes in accordance with applicable codes and resolving
1666 legitimate consumer complaints in a timely, efficient manner.
1667 Section 46. Paragraph (a) of subsection (2) of section
1668 321.23, Florida Statutes, is amended to read:
1669 321.23 Public records; fees for copies; destruction of
1670 obsolete records; photographing records; effect as evidence.—
1671 (2) Fees for copies of public records shall be charged and
1672 collected as follows:
1673 (a) For a crash report, a copy.....................$10 $2
1674 Section 47. Subsection (3) of section 322.051, Florida
1675 Section 48. Subsection (3) of section 322.051, Florida
1676 Statutes, is amended to read:
1677 322.051 Identification cards.—
1678 (3) If an identification card issued under this section is
1679 lost, destroyed, or mutilated or a new name is acquired, the
1680 person to whom it was issued may obtain a duplicate upon
1681 furnishing satisfactory proof of such fact to the department and
1682 upon payment of a fee as provided in s. 322.21 of $10 for such
1683 duplicate, $2.50 of which shall be deposited into the General
1684 Revenue Fund and $7.50 into the Highway Safety Operating Trust
1685 Fund. The fee shall include payment for the color photograph or
1686 digital image of the applicant. Any person who loses an
1687 identification card and who, after obtaining a duplicate, finds
1688 the original card shall immediately surrender the original card
1689 to the department. The same documentary evidence shall be
1690 furnished for a duplicate as for an original identification
1691 card.
1692 Section 49. Paragraph (c) of subsection (5) of section
1693 322.081, Florida Statutes, is amended to read:
1694 322.081 Requests to establish voluntary check-off on
1695 driver’s license application.—
1696 (5) A voluntary contribution collected and distributed
1697 under this chapter, or any interest earned from those
1698 contributions, may not be used for commercial or for-profit
1699 activities nor for general or administrative expenses, except as
1700 authorized by law.
1701 (c) Any voluntary contributions authorized by law must be
1702 deposited into and distributed from the Motor Vehicle License
1703 Clearing Trust Fund to the recipients specified in chapter 322
1704 shall only be distributed to an organization under an
1705 appropriation by the Legislature.
1706 Section 50. Subsection (1) of section 322.12, Florida
1707 Statutes, is amended to read:
1708 322.12 Examination of applicants.—
1709 (1) It is the intent of the Legislature that every
1710 applicant for an original driver’s license in this state be
1711 required to pass an examination pursuant to this section.
1712 However, the department may waive the knowledge, endorsement,
1713 and skills tests for an applicant who is otherwise qualified and
1714 who surrenders a valid driver’s license from another state or a
1715 province of Canada, or a valid driver’s license issued by the
1716 United States Armed Forces, if the driver applies for a Florida
1717 license of an equal or lesser classification. Any applicant who
1718 fails to pass the initial knowledge test will incur a $10 $5 fee
1719 for each subsequent test, to be deposited into the Highway
1720 Safety Operating Trust Fund. Any applicant who fails to pass the
1721 initial skills test will incur a $20 $10 fee for each subsequent
1722 test, to be deposited into the Highway Safety Operating Trust
1723 Fund. A person who seeks to retain a hazardous-materials
1724 endorsement, pursuant to s. 322.57(1)(d), must pass the
1725 hazardous-materials test, upon surrendering his or her
1726 commercial driver’s license, if the person has not taken and
1727 passed the hazardous-materials test within 2 years preceding his
1728 or her application for a commercial driver’s license in this
1729 state.
1730 Section 51. Subsection (9) and paragraph (a) of subsection
1731 (11) of section 322.20, Florida Statutes, are amended to read:
1732 322.20 Records of the department; fees; destruction of
1733 records.—
1734 (9) The department may, upon application, furnish to any
1735 person, from the records of the Division of Driver Licenses, a
1736 list of the names, addresses, and birth dates of the licensed
1737 drivers of the entire state or any portion thereof by age group.
1738 In addition, the department may furnish to the courts, for the
1739 purpose of establishing jury selection lists, the names,
1740 addresses, and birth dates of the persons of the entire state or
1741 any portion thereof by age group having identification cards
1742 issued by the department. Each person who requests such
1743 information shall pay a fee, set by the department, of 5 cents 1
1744 cent per name listed, except that the department shall furnish
1745 such information without charge to the courts for the purpose of
1746 jury selection or to any state agency or to any state attorney,
1747 sheriff, or chief of police. Such court, state agency, state
1748 attorney, or law enforcement agency may not sell, give away, or
1749 allow the copying of such information. Noncompliance with this
1750 prohibition shall authorize the department to charge the
1751 noncomplying court, state agency, state attorney, or law
1752 enforcement agency the appropriate fee for any subsequent lists
1753 requested. The department may adopt rules necessary to implement
1754 this subsection.
1755 (11)(a) The department is authorized to charge the
1756 following fees for the following services and documents:
1757 1. For providing a transcript of any one individual’s
1758 driver history record or any portion thereof for the past 3 or 7
1759 years or for searching for such record when no record is found
1760 to be on file $10 $2.10
1761 2. For providing a transcript of any one individual’s
1762 driver history record or any portion thereof for the past 7
1763 years or for searching for such record when no record is found
1764 to be on file $3.10
1765 2.3. For providing a certified copy of a transcript of the
1766 driver history record or any portion thereof for any one
1767 individual $10 $3.10
1768 3.4. For providing a certified photographic copy of a
1769 document, per page $1.00
1770 4.5. For providing an exemplified record $15.00
1771 5.6. For providing photocopies of documents, papers,
1772 letters, clearances, or license or insurance status reports, per
1773 page $0.50
1774 6.7. For assisting persons in searching any one
1775 individual’s driver record at a terminal located at the
1776 department’s general headquarters in Tallahassee $2.00
1777 Section 52. Section 322.201, Florida Statutes, is amended
1778 to read:
1779 322.201 Records as evidence.—A copy, computer copy, or
1780 transcript of all abstracts of crash reports and all abstracts
1781 of court records of convictions received by the department and
1782 the complete driving record of any individual duly certified by
1783 machine imprint of the department or by machine imprint of the
1784 clerk of a court shall be received as evidence in all courts of
1785 this state without further authentication, provided the same is
1786 otherwise admissible in evidence. Further, any court or the
1787 office of the clerk of any court of this state which is
1788 electronically connected by a terminal device to the computer
1789 data center of the department may use as evidence in any case
1790 the information obtained by this device from the records of the
1791 department without need of such certification; however, if a
1792 genuine issue as to the authenticity of such information is
1793 raised by a party or by the court, the court in its sound
1794 discretion may require that a record certified by the department
1795 be submitted for admission into evidence. For such computer
1796 copies generated by a terminal device of a court or clerk of
1797 court, entry in a driver’s record that the notice required by s.
1798 322.251 was given shall constitute sufficient evidence that such
1799 notice was given.
1800 Section 53. Section 322.21, Florida Statutes, is amended to
1801 read:
1802 322.21 License fees; procedure for handling and collecting
1803 fees.—
1804 (1) Except as otherwise provided herein, the fee for:
1805 (a) An original or renewal commercial driver’s license is
1806 $75 $67, which shall include the fee for driver education
1807 provided by s. 1003.48; however, if an applicant has completed
1808 training and is applying for employment or is currently employed
1809 in a public or nonpublic school system that requires the
1810 commercial license, the fee shall be the same as for a Class E
1811 driver’s license. A delinquent fee of $10 $1 shall be added for
1812 a renewal made not more than 12 months after the license
1813 expiration date.
1814 (b) An original Class E driver’s license is $35 $27, which
1815 shall include the fee for driver’s education provided by s.
1816 1003.48; however, if an applicant has completed training and is
1817 applying for employment or is currently employed in a public or
1818 nonpublic school system that requires a commercial driver
1819 license, the fee shall be the same as for a Class E license.
1820 (c) The renewal or extension of a Class E driver’s license
1821 or of a license restricted to motorcycle use only is $28 $20,
1822 except that a delinquent fee of $10 $1 shall be added for a
1823 renewal or extension made not more than 12 months after the
1824 license expiration date. The fee provided in this paragraph
1825 shall include the fee for driver’s education provided by s.
1826 1003.48.
1827 (d) An original driver’s license restricted to motorcycle
1828 use only is $35 $27, which shall include the fee for driver’s
1829 education provided by s. 1003.48.
1830 (e) A replacement driver’s license issued pursuant to s.
1831 322.17 is $20 $10. Of this amount $7 shall be deposited into the
1832 Highway Safety Operating Trust Fund and $13 $3 shall be
1833 deposited into the General Revenue Fund.
1834 (f) An original, renewal, or replacement identification
1835 card issued pursuant to s. 322.051 is $11 $10. Funds collected
1836 from these fees shall be distributed as follows:
1837 1. For an original identification card issued pursuant to
1838 s. 322.051 the fee shall be $11 $10. This amount shall be
1839 deposited into the General Revenue Fund.
1840 2. For a renewal identification card issued pursuant to s.
1841 322.051 the fee shall be $11 $10. Of this amount, $6 shall be
1842 deposited into the Highway Safety Operating Trust Fund and $5 $4
1843 shall be deposited into the General Revenue Fund.
1844 3. For a replacement identification card issued pursuant to
1845 s. 322.051 the fee shall be $11 $10. Of this amount, $9 shall be
1846 deposited into the Highway Safety Operating Trust Fund and $2 $1
1847 shall be deposited into the General Revenue Fund.
1848 (g) Each endorsement required by s. 322.57 is $7.
1849 (h) A hazardous-materials endorsement, as required by s.
1850 322.57(1)(d), shall be set by the department by rule and shall
1851 reflect the cost of the required criminal history check,
1852 including the cost of the state and federal fingerprint check,
1853 and the cost to the department of providing and issuing the
1854 license. The fee shall not exceed $100. This fee shall be
1855 deposited in the Highway Safety Operating Trust Fund. The
1856 department may adopt rules to administer this section.
1857 (2) It is the duty of the Director of the Division of
1858 Driver Licenses to set up a division in the department with the
1859 necessary personnel to perform the necessary clerical and
1860 routine work for the department in issuing and recording
1861 applications, licenses, and certificates of eligibility,
1862 including the receiving and accounting of all license funds and
1863 their payment into the State Treasury, and other incidental
1864 clerical work connected with the administration of this chapter.
1865 The department is authorized to use such electronic, mechanical,
1866 or other devices as necessary to accomplish the purposes of this
1867 chapter.
1868 (3) The department shall prepare sufficient forms for
1869 certificates of eligibility, applications, notices, and license
1870 materials to supply all applicants for driver’s licenses and all
1871 renewal licenses.
1872 (4) If the department determines from its records or is
1873 otherwise satisfied that the holder of a license about to expire
1874 is entitled to have it renewed, the department shall mail a
1875 renewal notice to him or her at his or her last known address,
1876 not less than 30 days prior to the licensee’s birthday. The
1877 licensee shall be issued a renewal license, after reexamination,
1878 if required, during the 30 days immediately preceding his or her
1879 birthday upon presenting a renewal notice, his or her current
1880 license, and the fee for renewal to the department at any
1881 driver’s license examining office.
1882 (5) The department shall collect and transmit all fees
1883 received by it under this section to the Chief Financial Officer
1884 to be placed in the General Revenue Fund of the state, and
1885 sufficient funds for the necessary expenses of the department
1886 shall be included in the appropriations act. The fees shall be
1887 used for the maintenance and operation of the department.
1888 (6) Any member of the Armed Forces or his or her spouse,
1889 daughter, son, stepdaughter, or stepson, who holds a Florida
1890 driver’s license and who presents an affidavit showing that he
1891 or she was out of the state due to service in the Armed Forces
1892 of the United States at the time of license expiration is exempt
1893 from paying the delinquent fee, if the application for renewal
1894 is made within 15 months after the expiration of his or her
1895 license and within 90 days after the date of discharge or
1896 transfer to a military or naval establishment in this state as
1897 shown in the affidavit. However, such a person is not exempt
1898 from any reexamination requirement.
1899 (7) Any veteran honorably discharged from the Armed Forces
1900 who has been issued a valid identification card by the
1901 Department of Veterans’ Affairs in accordance with s. 295.17, or
1902 has been determined by the United States Department of Veterans
1903 Affairs or its predecessor to have a 100-percent total and
1904 permanent service-connected disability rating for compensation,
1905 or has been determined to have a service-connected total and
1906 permanent disability rating of 100 percent and is in receipt of
1907 disability retirement pay from any branch of the United States
1908 Armed Services, and who is qualified to obtain a driver’s
1909 license under this chapter is exempt from all fees required by
1910 this section.
1911 (8) Any person who applies for reinstatement following the
1912 suspension or revocation of the person’s driver’s license shall
1913 pay a service fee of $45 $35 following a suspension, and $75 $60
1914 following a revocation, which is in addition to the fee for a
1915 license. Any person who applies for reinstatement of a
1916 commercial driver’s license following the disqualification of
1917 the person’s privilege to operate a commercial motor vehicle
1918 shall pay a service fee of $75 $60, which is in addition to the
1919 fee for a license. The department shall collect all of these
1920 fees at the time of reinstatement. The department shall issue
1921 proper receipts for such fees and shall promptly transmit all
1922 funds received by it as follows:
1923 (a) Of the $45 $35 fee received from a licensee for
1924 reinstatement following a suspension, the department shall
1925 deposit $15 in the General Revenue Fund and $30 $20 in the
1926 Highway Safety Operating Trust Fund.
1927 (b) Of the $75 $60 fee received from a licensee for
1928 reinstatement following a revocation or disqualification, the
1929 department shall deposit $35 in the General Revenue Fund and $40
1930 $25 in the Highway Safety Operating Trust Fund.
1931 (9)(a) An applicant requesting a review authorized in s.
1932 322.222, s. 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must
1933 pay a filing fee of $25.00 to be deposited into the Highway
1934 Safety Operating Trust Fund.
1935 (b) An applicant petitioning the department for a hearing
1936 authorized in s. 322.271, must pay a filing fee of $12.00 to be
1937 deposited into the Highway Safety Operating Trust Fund.
1938
1939 If the revocation or suspension of the driver’s license was for
1940 a violation of s. 316.193, or for refusal to submit to a lawful
1941 breath, blood, or urine test, an additional fee of $130 $115
1942 must be charged. However, only one $130 $115 fee may be
1943 collected from one person convicted of violations arising out of
1944 the same incident. The department shall collect the $130 $115
1945 fee and deposit the fee into the Highway Safety Operating Trust
1946 Fund at the time of reinstatement of the person’s driver’s
1947 license, but the fee may not be collected if the suspension or
1948 revocation is overturned. If the revocation or suspension of the
1949 driver’s license was for a conviction for a violation of s.
1950 817.234(8) or (9) or s. 817.505, an additional fee of $180 is
1951 imposed for each offense. The department shall collect and
1952 deposit the additional fee into the Highway Safety Operating
1953 Trust Fund at the time of reinstatement of the person’s driver’s
1954 license.
1955 Section 54. Subsection (5) is added to section 322.2715,
1956 Florida Statutes, to read:
1957 322.2715 Ignition interlock device.—
1958 (5) In addition to any fees authorized by rule for the
1959 installation and maintenance of the ignition interlock device,
1960 the authorized installer of the device shall collect and remit
1961 $12 for each installation to the department which shall be
1962 deposited into the Highway Safety Operating Trust Fund to be
1963 used for the operation of the Ignition Interlock Device Program.
1964 Section 55. Subsection (2) of section 322.29, Florida
1965 Statutes, is amended to read:
1966 322.29 Surrender and return of license.—
1967 (2) The provisions of subsection (1) to the contrary
1968 notwithstanding, no examination is required for the return of a
1969 license suspended under s. 318.15 or s. 322.245 unless an
1970 examination is otherwise required by this chapter. Every person
1971 applying for the return of a license suspended under s. 318.15
1972 or s. 322.245 shall present to the department certification from
1973 the court that he or she has complied with all obligations and
1974 penalties imposed on him or her pursuant to s. 318.15 or, in the
1975 case of a suspension pursuant to s. 322.245, that he or she has
1976 complied with all directives of the court and the requirements
1977 of s. 322.245 and shall pay to the department a nonrefundable
1978 service fee of $60 $47.50, of which $37.50 shall be deposited
1979 into the General Revenue Fund and $22.50 $10 shall be deposited
1980 into the Highway Safety Operating Trust Fund. If reinstated by
1981 the clerk of the court or tax collector, $37.50 shall be
1982 retained and $22.50 $10 shall be remitted to the Department of
1983 Revenue for deposit into the Highway Safety Operating Trust
1984 Fund. However, the service fee is not required if the person is
1985 required to pay a $45 $35 fee or $75 $60 fee under the
1986 provisions of s. 322.21.
1987 Section 56. Effective July 1, 2009, section 322.293,
1988 Florida Statutes, is amended to read:
1989 322.293 DUI programs Coordination Trust Fund; assessment;
1990 disposition.—
1991 (1) The DUI programs Coordination Trust Fund shall be
1992 administered by the department, and the costs of administration
1993 shall be borne by the collections of revenue provided in this
1994 section the fund. All funds received by the department DUI
1995 Programs Coordination Trust Fund shall be used solely for the
1996 purposes set forth in this chapter and for the general
1997 operations of the department section and s. 322.292. However, if
1998 the Legislature passes legislation consolidating existing trust
1999 funds assigned to the department, all funds remaining in and
2000 deposited to the DUI Programs Coordination Trust Fund shall be
2001 transferred to the consolidated trust funds, subject to their
2002 being earmarked for use solely for the purposes set forth in
2003 this section and s. 322.292.
2004 (2) Each DUI program shall assess $12 against each person
2005 enrolling in a DUI program at the time of enrollment, including
2006 persons who transfer to or from a program in another state. In
2007 addition, second and third offenders and those offenders under
2008 permanent driver’s-license revocation who are evaluated for
2009 eligibility for license restrictions under s. 322.271(2)(b) and
2010 (4) shall be assessed $12 upon enrollment in the program and
2011 upon each subsequent anniversary date while they are in the
2012 program, for the duration of the license period.
2013 (3) All assessments collected under this section shall be
2014 deposited in the Highway Safety Operating forwarded to the DUI
2015 Programs Coordination Trust Fund within 30 days after the last
2016 day of the month in which the assessment was received.
2017 Section 57. This act shall take effect September 1, 2009.