Florida Senate - 2009 CS for CS for SB 1778
By the Policy and Steering Committee on Ways and Means; the
Committee on Transportation and Economic Development
Appropriations; and Senator Fasano
576-04514B-09 20091778c2
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.; increasing the title fee for a motor
25 vehicle for hire; requiring an additional fee for each
26 subsequent inspection of a vehicle that receives a
27 physical examination; providing that the proceeds from
28 such fees be deposited into the General Revenue Fund
29 and the Highway Safety Operating Trust Fund; amending
30 ss. 319.323 and 319.324, F.S.; increasing the fee
31 relating to expedited service on title transfers,
32 title issuances, duplicate titles, recordation of
33 liens, and certificates of repossession; conforming
34 provisions to changes made by the act; amending s.
35 319.33, F.S.; deleting references to decals for the
36 identification of a motor vehicle; ss. 319.34 and
37 320.02, F.S.; conforming provisions to changes made by
38 the act; amending s. 320.023, F.S.; requiring that any
39 voluntary contribution on a motor vehicle registration
40 application be deposited into and distributed from the
41 Motor Vehicle License Clearing Trust Fund; amending s.
42 320.025, F.S.; conforming provisions to changes made
43 by the act; amending s. 320.03, F.S.; increasing a fee
44 on license registrations to cover the costs of the
45 Florida Real Time Vehicle Information System; amending
46 s. 320.031, F.S.; conforming provisions to changes
47 made by the act; amending s. 320.04, F.S.; revising
48 provisions relating to service charges for the
49 issuance of registration certificates for a vehicle,
50 vessel, or mobile home to conform to changes made by
51 the act; amending s. 320.05, F.S.; revising provisions
52 relating to fees for providing lists of motor vehicle
53 or vessel records; amending s. 320.055, F.S.; deleting
54 provisions relating to driver’s license registration
55 periods and renewal periods; amending ss. 320.06 and
56 320.0607, F.S.; extending the period for which
57 registration license plates are issued and replaced;
58 increasing fees for the replacement of such plates;
59 amending ss. 320.061, 320.07, and 320.071, F.S.;
60 conforming provisions to changes made by the act;
61 amending s. 320.08, F.S.; increasing the annual
62 license taxes imposed for the operation of motor
63 vehicles, mopeds, motorized bicycles, and mobile
64 homes; providing that a certain portion of each tax be
65 deposited into the General Revenue Fund; conforming
66 provisions to changes made by the act; amending s.
67 320.08035, F.S.; conforming a cross-reference;
68 amending s. 320.08046, F.S.; increasing the surcharge
69 levied on each license tax; increasing the percentage
70 of the proceeds of such surcharge for deposit into the
71 General Revenue Fund; amending s. 320.0805, F.S.;
72 increasing the processing fee for personalized
73 prestige license plates; amending s. 320.08056, F.S.;
74 increasing the processing fee for specialty license
75 plates; amending s. 320.0807, F.S.; conforming a
76 cross-reference; amending s. 320.081, F.S.; revising
77 provisions relating to the distribution of annual
78 license taxes imposed on mobile homes, park trailers,
79 travel trailers, and fifth-wheel trailers exceeding 35
80 feet in body length; requiring that such distribution
81 be made by payment by warrant drawn by the Chief
82 Financial Officer upon the treasury on a monthly basis
83 from the License Tax Collection Trust Fund; amending
84 s. 320.084, F.S.; revising provisions relating to
85 license plates for certain disabled veterans to
86 conform to changes made by the act; conforming a
87 cross-reference; amending s. 320.086, F.S.; conforming
88 provisions to changes made by the act; amending s.
89 320.0894, F.S.; deleting provisions relating to Gold
90 Star license plates to conform to changes made by the
91 act; amending ss. 320.10, 320.26, and 320.261, F.S.;
92 conforming provisions to changes made by the act;
93 amending s. 320.822, F.S.; deleting the definition of
94 the term “seal” or “label”; repealing s. 320.824,
95 F.S.; deleting provisions authorizing the department
96 to adopt rules relating to the uniform mobile home
97 standards; deleting provisions authorizing the
98 department or its agent to enter a place or
99 establishment where mobile homes are manufactured,
100 sold, or offered for sale; amending s. 320.8245, F.S.;
101 conforming provisions to changes made by the act;
102 amending s. 320.8249, F.S.; conforming a cross
103 reference; repealing s. 320.8255, F.S., relating to
104 mobile home inspections; amending ss. 320.827 and
105 320.834, F.S.; deleting provisions to conform to
106 changes made by the act; amending s. 321.23, F.S.;
107 increasing the cost of receiving a copy of a crash
108 report from the Department of Highway Safety and Motor
109 Vehicles; amending s. 322.051, F.S.; revising
110 provisions relating to a fee for obtaining a duplicate
111 identification card; amending s. 322.081, F.S.;
112 requiring that any voluntary contribution on a
113 driver’s license application be deposited into and
114 distributed from the Motor Vehicle License Clearing
115 Trust Fund; amending s. 322.12, F.S.; increasing the
116 examination fees for subsequent knowledge and skills
117 tests for a driver’s license if an applicant failed
118 the initial tests; amending s. 322.20, F.S.;
119 increasing the fee for obtaining records from the
120 Division of Driver Licenses; amending s. 322.201,
121 F.S.; revising provisions relating to the
122 certification of certain records as evidence; amending
123 s. 322.21, F.S.; increasing commercial license fees;
124 amending s. 322.2715, F.S.; requiring that an
125 installer of a ignition interlock device collect and
126 remit an installation fee to the department to be
127 deposited into the Highway Safety Operating Trust Fund
128 for the operation of the Ignition Interlock Device
129 Program; amending s. 322.29, F.S.; conforming
130 provisions to changes made by the act; prohibiting
131 certain private entities from providing supervision
132 services of certain offenders; amending s. 322.293,
133 F.S., relating to the DUI Programs Coordination Trust
134 Fund; conforming provisions to changes made by the
135 act; providing effective dates.
136
137 Be It Enacted by the Legislature of the State of Florida:
138
139 Section 1. (1) The DUI Programs Coordination Trust Fund
140 within the Department of Highway Safety and Motor Vehicles,
141 FLAIR number 76-2-172, is terminated.
142 (2) All current balances remaining in, and all revenues of,
143 the trust fund shall be transferred to the Highway Safety
144 Operating Trust Fund within the Department of Highway Safety and
145 Motor Vehicles, FLAIR number 76-2-009.
146 (3) The Department of Highway Safety and Motor Vehicles
147 shall pay any outstanding debts and obligations of the
148 terminated trust fund, as soon as practicable. The Chief
149 Financial Officer shall close out and remove the terminated fund
150 from the various state accounting systems using generally
151 accepted accounting principles concerning warrants outstanding,
152 assets, and liabilities.
153 Section 2. Paragraph (c) of subsection (3) of section
154 17.61, Florida Statutes, is amended to read:
155 17.61 Chief Financial Officer; powers and duties in the
156 investment of certain funds.—
157 (3)
158 (c) Except as provided in this paragraph and except for
159 moneys described in paragraph (d), the following agencies shall
160 not invest trust fund moneys as provided in this section, but
161 shall retain such moneys in their respective trust funds for
162 investment, with interest appropriated to the General Revenue
163 Fund, pursuant to s. 17.57:
164 1. The Agency for Health Care Administration, except for
165 the Tobacco Settlement Trust Fund.
166 2. The Agency for Persons with Disabilities, except for:
167 a. The Federal Grants Trust Fund.
168 b. The Tobacco Settlement Trust Fund.
169 3. The Department of Children and Family Services, except
170 for:
171 a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
172 b. The Social Services Block Grant Trust Fund.
173 c. The Tobacco Settlement Trust Fund.
174 d. The Working Capital Trust Fund.
175 4. The Department of Community Affairs, only for the
176 Operating Trust Fund.
177 5. The Department of Corrections.
178 6. The Department of Elderly Affairs, except for:
179 a. The Federal Grants Trust Fund.
180 b. The Tobacco Settlement Trust Fund.
181 7. The Department of Health, except for:
182 a. The Federal Grants Trust Fund.
183 b. The Grants and Donations Trust Fund.
184 c. The Maternal and Child Health Block Grant Trust Fund.
185 d. The Tobacco Settlement Trust Fund.
186 8. The Department of Highway Safety and Motor Vehicles,
187 only for:
188 a. The DUI Programs Coordination Trust Fund.
189 b. the Security Deposits Trust Fund.
190 9. The Department of Juvenile Justice.
191 10. The Department of Law Enforcement.
192 11. The Department of Legal Affairs.
193 12. The Department of State, only for:
194 a. The Grants and Donations Trust Fund.
195 b. The Records Management Trust Fund.
196 13. The Executive Office of the Governor, only for:
197 a. The Economic Development Transportation Trust Fund.
198 b. The Economic Development Trust Fund.
199 14. The Florida Public Service Commission, only for the
200 Florida Public Service Regulatory Trust Fund.
201 15. The Justice Administrative Commission.
202 16. The state courts system.
203 Section 3. Paragraphs (m) through (x) of subsection (4) of
204 section 215.20, Florida Statutes, are amended to read:
205 215.20 Certain income and certain trust funds to contribute
206 to the General Revenue Fund.—
207 (4) The income of a revenue nature deposited in the
208 following described trust funds, by whatever name designated, is
209 that from which the appropriations authorized by subsection (3)
210 shall be made:
211 (m) Within the Department of Highway Safety and Motor
212 Vehicles, the DUI Programs Coordination Trust Fund.
213 (m)(n) Within the Department of Legal Affairs, the Crimes
214 Compensation Trust Fund.
215 (n)(o) Within the Department of Management Services:
216 1. The Administrative Trust Fund.
217 2. The Architects Incidental Trust Fund.
218 3. The Bureau of Aircraft Trust Fund.
219 4. The Florida Facilities Pool Working Capital Trust Fund.
220 5. The Grants and Donations Trust Fund.
221 6. The Police and Firefighters’ Premium Tax Trust Fund.
222 7. The Public Employees Relations Commission Trust Fund.
223 8. The State Personnel System Trust Fund.
224 9. The Supervision Trust Fund.
225 10. The Working Capital Trust Fund.
226 (o)(p) Within the Department of Revenue:
227 1. The Additional Court Cost Clearing Trust Fund.
228 2. The Administrative Trust Fund.
229 3. The Certification Program Trust Fund.
230 4. The Fuel Tax Collection Trust Fund.
231 5. The Local Alternative Fuel User Fee Clearing Trust Fund.
232 6. The Local Option Fuel Tax Trust Fund.
233 7. The Motor Vehicle Rental Surcharge Clearing Trust Fund.
234 8. The Motor Vehicle Warranty Trust Fund.
235 9. The Oil and Gas Tax Trust Fund.
236 10. The Operations Trust Fund.
237 11. The Severance Tax Solid Mineral Trust Fund.
238 12. The State Alternative Fuel User Fee Clearing Trust
239 Fund.
240 13. All taxes levied on motor fuels other than gasoline
241 levied pursuant to the provisions of s. 206.87(1)(a).
242 (p)(q) Within the Department of State:
243 1. The Records Management Trust Fund.
244 2. The trust funds administered by the Division of
245 Historical Resources.
246 (q)(r) Within the Department of Transportation, all income
247 derived from outdoor advertising and overweight violations which
248 is deposited in the State Transportation Trust Fund.
249 (r)(s) Within the Department of Veterans’ Affairs:
250 1. The Grants and Donations Trust Fund.
251 2. The Operations and Maintenance Trust Fund.
252 3. The State Homes for Veterans Trust Fund.
253 (s)(t) Within the Division of Administrative Hearings, the
254 Administrative Trust Fund.
255 (t)(u) Within the Fish and Wildlife Conservation
256 Commission:
257 1. The Conservation and Recreation Lands Program Trust
258 Fund.
259 2. The Florida Panther Research and Management Trust Fund.
260 3. The Land Acquisition Trust Fund.
261 4. The Marine Resources Conservation Trust Fund, with the
262 exception of those fees collected for recreational saltwater
263 fishing licenses as provided in s. 379.354.
264 (u)(v) Within the Florida Public Service Commission, the
265 Florida Public Service Regulatory Trust Fund.
266 (v)(w) Within the Justice Administrative Commission, the
267 Indigent Criminal Defense Trust Fund.
268 (w)(x) Within the Office of Financial Regulation of the
269 Financial Services Commission:
270 1. The Administrative Trust Fund.
271 2. The Anti-Fraud Trust Fund.
272 3. The Financial Institutions’ Regulatory Trust Fund.
273 4. The Regulatory Trust Fund.
274
275 The enumeration of the foregoing moneys or trust funds shall not
276 prohibit the applicability of s. 215.24 should the Governor
277 determine that for the reasons mentioned in s. 215.24 the money
278 or trust funds should be exempt herefrom, as it is the purpose
279 of this law to exempt income from its force and effect when, by
280 the operation of this law, federal matching funds or
281 contributions or private grants to any trust fund would be lost
282 to the state.
283 Section 4. Subsection (4) of section 316.066, Florida
284 Statutes, is amended to read:
285 316.066 Written reports of crashes.—
286 (4)(a) One or more counties may enter into an agreement
287 with the appropriate state agency to be certified by the agency
288 to have a traffic records center for the purpose of tabulating
289 and analyzing countywide traffic crash reports. The agreement
290 must include: certification by the agency that the center has
291 adequate auditing and monitoring mechanisms in place to ensure
292 the quality and accuracy of the data; the time period in which
293 the traffic records center must report crash data to the agency;
294 and the medium in which the traffic records must be submitted to
295 the agency.
296 (b) In the case of a county or multicounty area that has a
297 certified central traffic records center, a law enforcement
298 agency or driver must submit to the center within the time limit
299 prescribed in this section a written report of the crash. A
300 driver who is required to file a crash report must be notified
301 of the proper place to submit the completed report.
302 (c) Fees for copies of public records provided by a
303 certified traffic records center shall be charged and collected
304 as follows:
305
306 For a crash report.......................$10 $2 per copy.
307 For a homicide report.......................$25 per copy.
308 For a uniform traffic citation............$0.50 per copy.
309
310 The fees collected for copies of the public records provided by
311 a certified traffic records center shall be used to fund the
312 center or otherwise as designated by the county or counties
313 participating in the center.
314 Section 5. Subsection (1) of section 316.605, Florida
315 Statutes, is amended to read:
316 316.605 Licensing of vehicles.—
317 (1) Every vehicle, at all times while driven, stopped, or
318 parked upon any highways, roads, or streets of this state, shall
319 be licensed in the name of the owner thereof in accordance with
320 the laws of this state unless such vehicle is not required by
321 the laws of this state to be licensed in this state and shall,
322 except as otherwise provided in s. 320.0706 for front-end
323 registration license plates on truck tractors and s. 320.086(5)
324 which exempts display of license plates on described former
325 military vehicles, display the license plate or both of the
326 license plates assigned to it by the state, one on the rear and,
327 if two, the other on the front of the vehicle, each to be
328 securely fastened to the vehicle outside the main body of the
329 vehicle not higher than 60 inches and not lower than 12 inches
330 from the ground and no more than 24 inches to the left or right
331 of the centerline of the vehicle, and in such manner as to
332 prevent the plates from swinging, and all letters, numerals,
333 printing, writing, and other identification marks upon the
334 plates regarding the word “Florida,” the registration decal, and
335 the alphanumeric designation shall be clear and distinct and
336 free from defacement, mutilation, grease, and other obscuring
337 matter, so that they will be plainly visible and legible at all
338 times 100 feet from the rear or front. Vehicle license plates
339 shall be affixed and displayed in such a manner that the letters
340 and numerals shall be read from left to right parallel to the
341 ground. No vehicle license plate may be displayed in an inverted
342 or reversed position or in such a manner that the letters and
343 numbers and their proper sequence are not readily identifiable.
344 Nothing shall be placed upon the face of a Florida plate except
345 as permitted by law or by rule or regulation of a governmental
346 agency. No license plates other than those furnished by the
347 state shall be used. However, if the vehicle is not required to
348 be licensed in this state, the license plates on such vehicle
349 issued by another state, by a territory, possession, or district
350 of the United States, or by a foreign country, substantially
351 complying with the provisions hereof, shall be considered as
352 complying with this chapter. A violation of this subsection is a
353 noncriminal traffic infraction, punishable as a nonmoving
354 violation as provided in chapter 318.
355 Section 6. Subsection (2) of section 318.15, Florida
356 Statutes, is amended to read:
357 318.15 Failure to comply with civil penalty or to appear;
358 penalty.—
359 (2) After suspension of the driver’s license and privilege
360 to drive of a person under subsection (1), the license and
361 privilege may not be reinstated until the person complies with
362 all obligations and penalties imposed on him or her under s.
363 318.18 and presents to a driver license office a certificate of
364 compliance issued by the court, together with a nonrefundable
365 service charge of up to $60 $47.50 imposed under s. 322.29, or
366 presents a certificate of compliance and pays the aforementioned
367 service charge of up to $47.50 to the clerk of the court or a
368 driver licensing agent authorized in s. 322.135 clearing such
369 suspension. Of the charge collected by the clerk of the court or
370 driver licensing agent, $22.50 $10 shall be remitted to the
371 Department of Revenue to be deposited into the Highway Safety
372 Operating Trust Fund. Such person shall also be in compliance
373 with requirements of chapter 322 prior to reinstatement.
374 Section 7. Subsection (6) of section 319.23, Florida
375 Statutes, is amended to read:
376 319.23 Application for, and issuance of, certificate of
377 title.—
378 (6) In the case of the sale of a motor vehicle or mobile
379 home by a licensed dealer to a general purchaser, the
380 certificate of title shall be obtained in the name of the
381 purchaser by the dealer upon application signed by the
382 purchaser, and in each other case such certificate shall be
383 obtained by the purchaser. In each case of transfer of a motor
384 vehicle or mobile home, the application for certificate of
385 title, or corrected certificate, or assignment or reassignment,
386 shall be filed within 30 days from the delivery of such motor
387 vehicle or mobile home to the purchaser. An applicant shall be
388 required to pay a fee of $15 $10, in addition to all other fees
389 and penalties required by law, for failing to file such
390 application within the specified time. When a licensed dealer
391 acquires a motor vehicle or mobile home as a trade-in, the
392 dealer must file with the department, within 30 days, a notice
393 of sale signed by the seller. The department shall update its
394 database for that title record to indicate “sold.” A licensed
395 dealer need not apply for a certificate of title for any motor
396 vehicle or mobile home in stock acquired for stock purposes
397 except as provided in s. 319.225.
398 Section 8. Section 319.32, Florida Statutes, is amended to
399 read:
400 319.32 Fees; service charges; disposition.—
401 (1) The department shall charge a fee of $40 $24 for each
402 original certificate of title except for a certificate of title
403 for a motor vehicle for hire registered under s. 320.08(6), for
404 which the title fee shall be $19 $3, $40 $24 for each duplicate
405 copy of a certificate of title except for a certificate of title
406 for a motor vehicle for hire registered under s. 320.08(6), for
407 which the title fee shall be $19 $3, $2 for each salvage
408 certificate of title, and $3 for each assignment by a
409 lienholder. It shall also charge a fee of $2 for noting a lien
410 on a title certificate, which fee shall include the services for
411 the subsequent issuance of a corrected certificate or
412 cancellation of lien when that lien is satisfied. If an
413 application for a certificate of title is for a vehicle that is
414 required to have a physical examination as provided in s.
415 319.14(1)(b) for a rebuilt vehicle, the department shall charge
416 an additional fee of $40 for each initial inspection and $20 for
417 each subsequent inspection. The initial inspection fee shall be
418 deposited into the General Revenue Fund and the subsequent
419 inspection fee shall be deposited into the Highway Safety
420 Operating Trust Fund. A physical examination of a vehicle must
421 include, but need not be limited to, verification of the vehicle
422 identification number and verification of the bill of sale or
423 title for major components conducting a physical examination of
424 the vehicle to assure its identity. In addition to all other
425 fees charged, a sum of $1 shall be paid for the issuance of an
426 original or duplicate certificate of title to cover the cost of
427 materials used for security purposes.
428 Section 9. Section 319.323, Florida Statutes, is amended to
429 read:
430 319.323 Expedited service; applications; fees.—The
431 department shall establish a separate title office which may be
432 utilized by private citizens and licensed motor vehicle dealers
433 to receive expedited service on title transfers, title
434 issuances, duplicate titles, and recordation of liens, and
435 certificates of repossession. A fee of $10 $7 shall be charged
436 for this service, which fee is in addition to the fees imposed
437 by s. 319.32. Application for such expedited service may be made
438 by mail or in person. The department shall issue each title
439 applied for pursuant to this section within 5 working days after
440 receipt of the application except for an application for a
441 duplicate title certificate covered by s. 319.23(4), in which
442 case the title must be issued within 5 working days after
443 compliance with the department’s verification requirements.
444 Section 10. Subsection (1) of section 319.324, Florida
445 Statutes, is amended to read:
446 319.324 Odometer fraud prevention and detection; funding.—
447 (1) Moneys received by the department pursuant to s.
448 319.32(1) in the amount of $1 for each original certificate of
449 title, each duplicate copy of a certificate of title, and each
450 assignment by a lienholder shall be deposited into the Highway
451 Safety Operating Trust Fund. There shall also be deposited into
452 the fund moneys received by the department pursuant to s.
453 319.323 in the amount of $5 $2 for each expedited service
454 performed by the department for which a fee is assessed.
455 Section 11. Subsection (5) of section 319.33, Florida
456 Statutes, is amended to read:
457 319.33 Offenses involving vehicle identification numbers,
458 applications, certificates, papers; penalty.—
459 (5) It is unlawful for any person, firm, or corporation to
460 knowingly possess, manufacture, sell or exchange, offer to sell
461 or exchange, supply in blank, or give away any counterfeit
462 manufacturer’s or state-assigned identification number plates or
463 serial plates or any decal used for the purpose of
464 identification of any motor vehicle; or for any officer, agent,
465 or employee of any person, firm, or corporation, or any person
466 who shall authorize, direct, aid in exchange, or give away such
467 counterfeit manufacturer’s or state-assigned identification
468 number plates or serial plates or any decal; or conspire to do
469 any of the foregoing. However, nothing in this subsection shall
470 be applicable to any approved replacement manufacturer’s or
471 state-assigned identification number plates or serial plates or
472 any decal issued by the department or any state.
473 Section 12. Section 319.34, Florida Statutes, is amended to
474 read:
475 319.34 Transfer without delivery of certificate; operation
476 or use without certificate; failure to surrender; other
477 violations.—Whoever, except as otherwise provided for in this
478 chapter, purports to sell or transfer a motor vehicle or mobile
479 home without delivering to the purchaser or transferee thereof a
480 certificate of title thereto duly assigned to such purchaser as
481 provided in this chapter or operates or uses in this state a
482 motor vehicle or mobile home for which a certificate of title is
483 required without such certificate having been obtained in
484 accordance with the provisions of this chapter, or upon which
485 the certificate of title has been canceled; whoever fails to
486 surrender any certificate of title, certificate of registration,
487 or license plate, or sticker upon cancellation of the same by
488 the department and notice thereof as prescribed in this chapter;
489 whoever fails to surrender the certificate of title to the
490 department as provided in this chapter in case of the
491 destruction or dismantling or change of a motor vehicle or
492 mobile home in such respect that it is not the motor vehicle or
493 mobile home described in the certificate of title; or whoever
494 violates any of the other provisions of this chapter, or any
495 lawful rule adopted pursuant to the provisions of this chapter,
496 shall be fined not more than $500 or imprisoned for not more
497 than 6 months, or both, for each offense.
498 Section 13. Paragraph (b) of subsection (16) of section
499 320.02, Florida Statutes, is amended to read:
500 320.02 Registration required; application for registration;
501 forms.—
502 (16) The department is authorized to withhold registration
503 or re-registration of a motor vehicle if the name of the owner
504 or of a coowner appears on a list submitted to the department by
505 a licensed motor vehicle dealer for a previous registration of
506 that vehicle. The motor vehicle dealer must maintain signed
507 evidence that the owner or coowner acknowledged the dealer’s
508 authority to submit the list to the department if he or she
509 failed to pay and must note the amount for which the owner or
510 coowner would be responsible for the vehicle registration. The
511 dealer must maintain the necessary documentation required in
512 this subsection or face penalties as provided in s. 320.27. This
513 subsection does not affect the issuance of a title to a motor
514 vehicle.
515 (b) If the registered owner’s dispute complies with
516 paragraph (a), the department shall immediately remove the motor
517 vehicle owner or coowner’s name from the list, thereby allowing
518 the issuance of a license plate or revalidation sticker.
519 Section 14. Paragraph (c) of subsection (5) of section
520 320.023, Florida Statutes, is amended to read:
521 320.023 Requests to establish voluntary checkoff on motor
522 vehicle registration application.—
523 (5) A voluntary contribution collected and distributed
524 under this chapter, or any interest earned from those
525 contributions, may not be used for commercial or for-profit
526 activities nor for general or administrative expenses, except as
527 authorized by law.
528 (c) Any voluntary contributions authorized by law must be
529 deposited into and distributed from the Motor Vehicle License
530 Clearing Trust Fund to the recipients specified in this chapter
531 shall only be distributed to an organization under an
532 appropriation by the Legislature.
533 Section 15. Subsection (1) of section 320.025, Florida
534 Statutes, is amended to read:
535 320.025 Registration certificate and license plate or decal
536 issued under fictitious name; application.—
537 (1) A confidential registration certificate and
538 registration license plate or decal shall be issued under a
539 fictitious name only for a motor vehicle or vessel owned or
540 operated by a law enforcement agency of state, county,
541 municipal, or federal government, the Attorney General’s
542 Medicaid Fraud Control Unit, or any state public defender’s
543 office. The requesting agency shall file a written application
544 with the department on forms furnished by the department, which
545 includes a statement that the license plate or decal will be
546 used for the Attorney General’s Medicaid Fraud Control Unit or
547 law enforcement or any state public defender’s office activities
548 requiring concealment of publicly leased or owned motor vehicles
549 or vessels and a statement of the position classifications of
550 the individuals who are authorized to use the license plate or
551 decal. The department may modify its records to reflect the
552 fictitious identity of the owner or lessee until such time as
553 the license plate or decal and registration certificate are
554 surrendered to it.
555 Section 16. Subsections (1), (2), (3), (5), and (8) of
556 section 320.03, Florida Statutes, are amended to read:
557 320.03 Registration; duties of tax collectors;
558 International Registration Plan.—
559 (1) The tax collectors in the several counties of the
560 state, as authorized agents of the department, shall issue
561 registration certificates, registration license plates,
562 validation stickers, and mobile home decals stickers to
563 applicants, subject to the requirements of law, in accordance
564 with rules of the department. Any person, firm, or corporation
565 representing itself, through advertising or naming of the
566 business, to be an authorized agent of the department shall be
567 deemed guilty of an unfair and deceptive trade practice as
568 defined in part II of chapter 501. No such person, firm, or
569 corporation shall use either the state or county name as a part
570 of their business name when such use can reasonably be
571 interpreted as an official state or county office.
572 (2) The department may require each tax collector to give a
573 bond, payable to the department, conditioned that the tax
574 collector faithfully and truly perform the duties imposed upon
575 him or her according to the requirements of law and the rules
576 and regulations of the department and that the tax collector pay
577 over and account for all validation stickers, records, and other
578 property and money that comes into his or her possession or
579 control by reason of such service. The amount of the bond is to
580 be determined by the department based on an amount not more than
581 10 percent above the average of the daily deposits of each tax
582 collector.
583 (3) Each tax collector shall keep a full and complete
584 record and account of all validation stickers, mobile home
585 decals stickers, or other properties received by him or her from
586 the department, or from any other source. Notwithstanding
587 chapter 116, every county officer within this state authorized
588 to collect funds provided for in this chapter shall pay all sums
589 officially received by the officer into the State Treasury no
590 later than 5 working days after the close of the business day in
591 which the officer received the funds. Payment by county officers
592 to the state shall be made by means of electronic funds
593 transfer.
594 (5) A fee of $1 50 cents shall be charged, in addition to
595 the fees required under s. 320.08, on every license registration
596 sold to cover the costs of the Florida Real Time Vehicle
597 Information System. The fees collected hereunder shall be
598 distributed as follows: 50 25 cents into the Highway Safety
599 Operating Trust Fund shall be used to fund the Florida Real Time
600 Vehicle Information System and may be used to fund the general
601 operations of the department and 50 25 cents into the Highway
602 Safety Operating Trust Fund to be used exclusively to fund the
603 Florida Real Time Vehicle Information System. The only use of
604 this latter portion of the fee shall be to fund the Florida Real
605 Time Vehicle Information System equipment, software, personnel
606 associated with the maintenance and programming of the system,
607 and networks used in the offices of the county tax collectors as
608 agents of the department and the ancillary technology necessary
609 to integrate the Florida Real Time Vehicle Information System
610 with other tax collection systems. The department shall
611 administer this program upon consultation with the Florida Tax
612 Collectors, Inc., to ensure that each county tax collector’s
613 office will be technologically equipped and functional for the
614 operation of the Florida Real Time Vehicle Information System.
615 Any of the designated revenue collected to support functions of
616 the county tax collectors and not used in a given year will
617 remain exclusively in the trust fund as a carryover to the
618 following year.
619 (8) If the applicant’s name appears on the list referred to
620 in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
621 plate or revalidation sticker may not be issued until that
622 person’s name no longer appears on the list or until the person
623 presents a receipt from the clerk showing that the fines
624 outstanding have been paid. This subsection does not apply to
625 the owner of a leased vehicle if the vehicle is registered in
626 the name of the lessee of the vehicle. The tax collector and the
627 clerk of the court are each entitled to receive monthly, as
628 costs for implementing and administering this subsection, 10
629 percent of the civil penalties and fines recovered from such
630 persons. As used in this subsection, the term “civil penalties
631 and fines” does not include a wrecker operator’s lien as
632 described in s. 713.78(13). If the tax collector has private tag
633 agents, such tag agents are entitled to receive a pro rata share
634 of the amount paid to the tax collector, based upon the
635 percentage of license plates and revalidation stickers issued by
636 the tag agent compared to the total issued within the county.
637 The authority of any private agent to issue license plates shall
638 be revoked, after notice and a hearing as provided in chapter
639 120, if he or she issues any license plate or revalidation
640 sticker contrary to the provisions of this subsection. This
641 section applies only to the annual renewal in the owner’s birth
642 month of a motor vehicle registration and does not apply to the
643 transfer of a registration of a motor vehicle sold by a motor
644 vehicle dealer licensed under this chapter, except for the
645 transfer of registrations which is inclusive of the annual
646 renewals. This section does not affect the issuance of the title
647 to a motor vehicle, notwithstanding s. 319.23(7)(b).
648 Section 17. Section 320.031, Florida Statutes, is amended
649 to read:
650 320.031 Mailing of registration certificates and, license
651 plates, and validation stickers.—
652 (1) The department and the tax collectors of the several
653 counties of the state may at the request of the applicant use
654 United States mail service to deliver registration certificates
655 and renewals thereof, license plates, and mobile home decals
656 stickers, and validation stickers to applicants.
657 (2) A mail service charge may be collected for each
658 registration certificate, license plate, and mobile home decal
659 sticker, and validation sticker mailed by the department or any
660 tax collector. Each registration certificate, license plate, and
661 mobile home decal sticker, and validation sticker shall be
662 mailed by first-class mail unless otherwise requested by the
663 applicant. The amount of the mail service charge shall be the
664 actual postage required, rounded to the nearest 5 cents, plus a
665 25-cent handling charge. The mail service charge is in addition
666 to the service charge provided by s. 320.04. All charges
667 collected by the department under this section shall be
668 deposited into the Highway Safety Operating Trust Fund.
669 Section 18. Paragraph (a) of subsection (1) of section
670 320.04, Florida Statutes, is amended to read:
671 320.04 Registration service charge.—
672 (1)(a) There shall be a service charge of $2.50 for each
673 application that which is handled in connection with original
674 issuance, duplicate issuance, or transfer of any license plate
675 or, mobile home decal sticker, or validation sticker or with
676 transfer or duplicate issuance of any registration certificate.
677 There shall may also be a service charge of $3, $2 of which
678 shall be deposited into the General Revenue Fund and $1 of which
679 shall be deposited into the Highway Safety Operating Trust Fund,
680 up to $1 for the issuance of each vehicle, vessel, or mobile
681 home registration receipt license plate validation sticker,
682 vessel decal, and mobile home sticker issued from an automated
683 vending facility or printer dispenser machine which shall be
684 payable to and retained by the department to provide for
685 automated vending facilities or printer dispenser machines used
686 to dispense such stickers and decals by each tax collector’s or
687 license tag agent’s employee.
688 Section 19. Paragraphs (b) and (e) of subsection (3) of
689 section 320.05, Florida Statutes, are amended to read:
690 320.05 Records of the department; inspection procedure;
691 lists and searches; fees.—
692 (3)
693 (b) Fees therefor shall be charged and collected as
694 follows:
695 1. For providing lists of motor vehicle or vessel records
696 for the entire state, or any part or parts thereof, divided
697 according to counties, a sum computed at a rate of not less than
698 1 cent nor more than 5 cents per item.
699 2. For providing noncertified photographic copies of motor
700 vehicle or vessel documents, $1 per page.
701 3. For providing noncertified photographic copies of
702 micrographic records, $1 per page.
703 4. For providing certified copies of motor vehicle or
704 vessel records, $3 per record.
705 5. For providing noncertified computer-generated printouts
706 of motor vehicle or vessel records, 50 cents per record.
707 6. For providing certified computer-generated printouts of
708 motor vehicle or vessel records, $3 per record.
709 7. For providing electronic access to motor vehicle,
710 vessel, and mobile home registration data requested by tag,
711 vehicle identification number, title number, or vessel or mobile
712 home decal number, 50 cents per item.
713 8. For providing electronic access to driver’s license
714 status report by name, sex, and date of birth or by driver
715 license number, 50 cents per item.
716 9. For providing lists of licensed mobile home dealers and
717 manufacturers and recreational vehicle dealers and
718 manufacturers, $15 per list.
719 10. For providing lists of licensed motor vehicle dealers,
720 $25 per list.
721 11. For each copy of a videotape record, $15 per tape.
722 12. For each copy of the Division of Motor Vehicles
723 Procedures Manual, $25.
724 (e) When motor vehicle, vessel, or mobile home registration
725 data is provided by electronic access through a tax collector’s
726 office, the applicable fee as provided in paragraph (b) must be
727 collected and deposited pursuant to paragraph (c) a fee for the
728 electronic access is not required to be assessed. However, at
729 the tax collector’s discretion, a fee equal to or less than the
730 fee charged by the department for such information may be
731 assessed by the tax collector for the electronic access.
732 Notwithstanding paragraph (c), any funds collected by the tax
733 collector as a result of providing such access shall be retained
734 by the tax collector.
735 Section 20. Paragraph (c) of subsection (1) of section
736 320.055, Florida Statutes, is amended to read:
737 320.055 Registration periods; renewal periods.—The
738 following registration periods and renewal periods are
739 established:
740 (1)
741 (c) Notwithstanding the requirements of paragraph (a), the
742 owner of a motor vehicle subject to paragraph (a) who has had
743 his or her driver’s license suspended pursuant to a violation of
744 s. 316.193 or pursuant to s. 322.26(2) for driving under the
745 influence must obtain a 6-month registration as a condition of
746 reinstating the license, subject to renewal during the 3-year
747 period that financial responsibility requirements apply. The
748 registration period begins the first day of the birth month of
749 the owner and ends the last day of the fifth month immediately
750 following the owner’s birth month. For such vehicles, the
751 department shall issue a vehicle registration certificate that
752 is valid for 6 months and shall issue a validation sticker that
753 displays an expiration date of 6 months after the date of
754 issuance. The license tax required by s. 320.08 and all other
755 applicable license taxes shall be one-half of the amount
756 otherwise required, except the service charge required by s.
757 320.04 shall be paid in full for each 6-month registration. A
758 vehicle required to be registered under this paragraph is not
759 eligible for the extended registration period under paragraph
760 (b).
761 Section 21. Section 320.06, Florida Statutes, as amended by
762 section 2 of chapter 2009-14, Laws of Florida, is amended to
763 read:
764 320.06 Registration certificates and, license plates, and
765 validation stickers generally.—
766 (1)(a) Upon the receipt of an initial application for
767 registration and payment of the appropriate license tax and
768 other fees required by law, the department shall assign to the
769 motor vehicle a registration license number consisting of
770 letters and numerals or numerals and issue to the owner or
771 lessee a certificate of registration and one registration
772 license plate, unless two plates are required for display by s.
773 320.0706, for each vehicle so registered.
774 (b) Registration license plates bearing a graphic symbol
775 and the alphanumeric system of identification shall be issued
776 for a 10-year 6-year period. At the end of that 10-year 6-year
777 period, upon renewal, the plate shall be replaced. The
778 department shall extend the scheduled license plate replacement
779 date to the 10-year period. The department shall stagger the
780 implementation of the 6-year license plate replacement cycle.
781 The fee for such replacement is $25 $12, $2.50 $2 of which shall
782 be paid each year before the plate is replaced, to be credited
783 towards the next $25 $12 replacement fee. The fees shall be
784 deposited into the Highway Safety Operating Trust Fund. A credit
785 or refund may shall not be given for any prior years’ payments
786 of such prorated replacement fee if the plate is replaced or
787 surrendered before the end of the 10-year 6-year period, except
788 that a credit may be given when a registrant is required by the
789 department to replace a license plate under s. 320.08056(8)(a).
790 With each license plate, there shall be issued a validation
791 sticker showing the owner’s birth month, license plate number,
792 and the year of expiration or the appropriate renewal period if
793 the owner is not a natural person. The validation sticker shall
794 be placed on the upper right corner of the license plate. Such
795 license plate and validation sticker shall be issued based on
796 the applicant’s appropriate renewal period. The registration
797 period is a period of 12 months, the extended registration
798 period is a period of 24 months, and all expirations shall occur
799 based on the applicant’s appropriate registration period. A
800 vehicle with an apportioned registration shall be issued an
801 annual license plate and a cab card that denote the declared
802 gross vehicle weight for each apportioned jurisdiction in which
803 the vehicle is authorized to operate.
804 (c) Registration license plates equipped with validation
805 stickers subject to the registration period are valid for not
806 more than 12 months and expire at midnight on the last day of
807 the registration period. A registration license plate equipped
808 with a validation sticker subject to the extended registration
809 period is valid for not more than 24 months and expires at
810 midnight on the last day of the extended registration period.
811 For each registration period after the one in which the metal
812 registration license plate is issued, and until the license
813 plate is required to be replaced, a validation sticker showing
814 the month and year of expiration shall be issued upon payment of
815 the proper license tax amount and fees and is valid for not more
816 than 12 months. For each extended registration period occurring
817 after the one in which the metal registration license plate is
818 issued and until the license plate is required to be replaced, a
819 validation sticker showing the year of expiration shall be
820 issued upon payment of the proper license tax amount and fees
821 and is valid for not more than 24 months. When license plates
822 equipped with validation stickers are issued in any month other
823 than the owner’s birth month or the designated registration
824 period for any other motor vehicle, the effective date shall
825 reflect the birth month or month and the year of renewal.
826 However, when a license plate or validation sticker is issued
827 for a period of less than 12 months, the applicant shall pay the
828 appropriate amount of license tax and the applicable fee under
829 s. 320.14 in addition to all other fees. Validation stickers
830 issued for vehicles taxed under s. 320.08(6)(a), for any company
831 that owns 250 vehicles or more, or for semitrailers taxed under
832 the provisions of s. 320.08(5)(a), for any company that owns 50
833 vehicles or more, may be placed on any vehicle in the fleet so
834 long as the vehicle receiving the validation sticker has the
835 same owner’s name and address as the vehicle to which the
836 validation sticker was originally assigned.
837 (2) The department shall provide the several tax collectors
838 and license plate agents with the necessary number of validation
839 stickers.
840 (2)(3)(a) Registration license plates shall be of metal
841 specially treated with a retroreflective material, as specified
842 by the department. The registration license plate is designed to
843 increase nighttime visibility and legibility and shall be at
844 least 6 inches wide and not less than 12 inches in length,
845 unless a plate with reduced dimensions is deemed necessary by
846 the department to accommodate motorcycles, mopeds, or similar
847 smaller vehicles. Validation stickers shall be treated with a
848 retroreflective material, shall be of such size as specified by
849 the department, and shall adhere to the license plate. The
850 registration license plate shall be imprinted with a combination
851 of bold letters and numerals or numerals, not to exceed seven
852 digits, to identify the registration license plate number. The
853 license plate shall also be imprinted with the word “Florida” at
854 the top and the name of the county in which it is sold, the
855 state motto, or the words “Sunshine State” at the bottom.
856 Apportioned license plates shall have the word “Apportioned” at
857 the bottom and license plates issued for vehicles taxed under s.
858 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) shall have
859 the word “Restricted” at the bottom. License plates issued for
860 vehicles taxed under s. 320.08(12) must be imprinted with the
861 word “Florida” at the top and the word “Dealer” at the bottom.
862 Manufacturer license plates issued for vehicles taxed under s.
863 320.08(12) must be imprinted with the word “Florida” at the top
864 and the word “Manufacturer” at the bottom. License plates issued
865 for vehicles taxed under s. 320.08(5)(d) or (e) must be
866 imprinted with the word “Wrecker” at the bottom. Any county may,
867 upon majority vote of the county commission, elect to have the
868 county name removed from the license plates sold in that county.
869 The state motto or the words “Sunshine State” shall be printed
870 in lieu thereof. A license plate issued for a vehicle taxed
871 under s. 320.08(6) may not be assigned a registration license
872 number, or be issued with any other distinctive character or
873 designation, that distinguishes the motor vehicle as a for-hire
874 motor vehicle.
875 (b) A materials processing An additional fee of $2, $1.50
876 of which shall be deposited into the General Revenue Fund 50
877 cents shall be collected and 50 cents of which shall be
878 deposited into the Highway Safety Operating Trust Fund, is
879 imposed for on each motor vehicle registration or motor vehicle
880 renewal registration issued in this state in order that all
881 license plates and validation stickers be fully treated with
882 retroreflective material.
883 (3)(4) The corporation organized under chapter 946 may
884 manufacture license plates, validation stickers, and decals, as
885 well as temporary tags, disabled hang tags, vessel decals, and
886 fuel use decals, for the Department of Highway Safety and Motor
887 Vehicles as provided in this chapter and chapter 327. The
888 Department of Highway Safety and Motor Vehicles is not required
889 to obtain competitive bids in order to contract with the
890 corporation.
891 Section 22. Section 320.0607, Florida Statutes, are amended
892 to read:
893 320.0607 Replacement license plates, validation decal, or
894 mobile home decal sticker.—
895 (1) Any law enforcement officer or department license and
896 registration inspector may at any time inspect a license plate
897 or validation decal for proper display and legibility as
898 prescribed by chapter 316. A damaged or defaced plate or decal
899 may be required to be replaced.
900 (2) When a license plate or, mobile home decal sticker, or
901 validation decal has been lost, stolen, or destroyed, the owner
902 of the motor vehicle or mobile home for which the plate,
903 sticker, or decal was issued shall make application to the
904 department for a replacement. The application shall contain the
905 plate, sticker, or decal number being replaced and a statement
906 that the item was lost, stolen, or destroyed. If the application
907 includes a copy of the police report prepared in response to a
908 report of a stolen plate, sticker, or mobile home decal, such
909 plate, sticker, or mobile home decal must be replaced at no
910 charge.
911 (3) Except as provided in subsection (2), in all such
912 cases, upon filing of an application accompanied by a fee of $25
913 $10 plus applicable service charges, the department shall issue
914 a replacement plate, sticker, or mobile home decal as the case
915 may be if it is satisfied that the information reported in the
916 application is true. The replacement fee shall be deposited into
917 the Highway Safety Operating Trust Fund.
918 (4) Any license plate, sticker, or decal lost in the mail
919 may be replaced at no charge. Neither the service charge nor the
920 replacement fee shall be applied to this replacement. However,
921 the application for a replacement shall contain a statement of
922 such fact, the audit number of the lost item, and the date
923 issued.
924 (5) Upon the issuance of an original license plate, the
925 applicant shall pay a fee of $25 $10 to be deposited in the
926 Highway Safety Operating Trust Fund.
927 (6) All funds derived from the sale of temporary tags under
928 the provisions of s. 320.131 shall be deposited in the Highway
929 Safety Operating Trust Fund.
930 Section 23. Section 320.061, Florida Statutes, is amended
931 to read:
932 320.061 Unlawful to alter motor vehicle registration
933 certificates, license plates, mobile home decals stickers, or
934 validation stickers or to obscure license plates; penalty.—No
935 person shall alter the original appearance of any registration
936 license plate, mobile home decal sticker, validation sticker, or
937 vehicle registration certificate issued for and assigned to any
938 motor vehicle or mobile home, whether by mutilation, alteration,
939 defacement, or change of color or in any other manner. No person
940 shall apply or attach any substance, reflective matter,
941 illuminated device, spray, coating, covering, or other material
942 onto or around any license plate that interferes with the
943 legibility, angular visibility, or detectability of any feature
944 or detail on the license plate or interferes with the ability to
945 record any feature or detail on the license plate. Any person
946 who violates this section commits a misdemeanor of the second
947 degree, punishable as provided in s. 775.082 or s. 775.083.
948 Section 24. Subsection (3) of section 320.07, Florida
949 Statutes, is amended to read:
950 320.07 Expiration of registration; renewal required;
951 penalties.—
952 (3) The operation of any motor vehicle without having
953 attached thereto a registration license plate and validation
954 stickers, or the use of any mobile home without having attached
955 thereto a mobile home decal sticker, for the current
956 registration period shall subject the owner thereof, if he or
957 she is present, or, if the owner is not present, the operator
958 thereof to the following penalty provisions:
959 (a) Any person whose motor vehicle or mobile home
960 registration has been expired for a period of 6 months or less
961 commits a noncriminal traffic infraction, punishable as a
962 nonmoving violation as provided in chapter 318.
963 (b) Any person whose motor vehicle or mobile home
964 registration has been expired for more than 6 months, upon a
965 first offense, is subject to the penalty provided in s. 318.14.
966 (c) Any person whose motor vehicle or mobile home
967 registration has been expired for more than 6 months, upon a
968 second or subsequent offense, commits a misdemeanor of the
969 second degree, punishable as provided in s. 775.082 or s.
970 775.083.
971 (d) However, an operator shall not be charged with a
972 violation of this subsection if the operator can show, pursuant
973 to a valid lease agreement, that the vehicle had been leased for
974 a period of 30 days or less at the time of the offense.
975 (e) Any servicemember, as defined in s. 250.01, whose
976 mobile home registration expired while he or she was serving on
977 active duty or state active duty shall not be charged with a
978 violation of this subsection if, at the time of the offense, the
979 servicemember was serving on active duty or state active duty 35
980 miles or more from the mobile home. The servicemember must
981 present to the department either a copy of the official military
982 orders or a written verification signed by the servicemember’s
983 commanding officer to receive a waiver of charges.
984 (f) The owner of a leased motor vehicle is not responsible
985 for any penalty specified in this subsection if the motor
986 vehicle is registered in the name of the lessee of the motor
987 vehicle.
988 Section 25. Subsections (2) and (3) of section 320.071,
989 Florida Statutes, are amended to read:
990 320.071 Advance registration renewal; procedures.—
991 (2) Upon the filing of the application and payment of the
992 appropriate license tax under s. 320.08, service charges
993 required by s. 320.04, and any additional fees required by law,
994 the department or its agent shall issue to the owner of the
995 motor vehicle or mobile home a validation sticker or mobile home
996 decal sticker, as appropriate, which, when affixed to the
997 license plate or mobile home, shall renew the registration for
998 the appropriate registration period.
999 (3) Any person who uses a mobile home decal sticker or
1000 validation sticker without lawful authority or who willfully
1001 violates any rule of the department relating to this section is
1002 guilty of a misdemeanor of the second degree, punishable as
1003 provided in s. 775.082 or s. 775.083.
1004 Section 26. Subsections (1) through (9) and subsections
1005 (12) through (15) of section 320.08, Florida Statutes, as
1006 amended by section 3 of chapter 2009-14, Laws of Florida, are
1007 amended to read:
1008 320.08 License taxes.—Except as otherwise provided herein,
1009 there are hereby levied and imposed annual license taxes for the
1010 operation of motor vehicles, mopeds, motorized bicycles as
1011 defined in s. 316.003(2), and mobile homes, as defined in s.
1012 320.01, which shall be paid to and collected by the department
1013 or its agent upon the registration or renewal of registration of
1014 the following:
1015 (1) MOTORCYCLES AND MOPEDS.—
1016 (a) Any motorcycle: $11 $10 flat, $1 of which is deposited
1017 into the General Revenue Fund.
1018 (b) Any moped: $6 $5 flat, $1 of which is deposited into
1019 the General Revenue Fund.
1020 (c) Upon registration of any motorcycle, motor-driven
1021 cycle, or moped there shall be paid in addition to the license
1022 taxes specified in this subsection a nonrefundable motorcycle
1023 safety education fee in the amount of $2.50. The proceeds of
1024 such additional fee shall be deposited in the Highway Safety
1025 Operating Trust Fund to fund a motorcycle driver improvement
1026 program implemented pursuant to s. 322.025, the Florida
1027 Motorcycle Safety Education Program established in s. 322.0255,
1028 or the general operations of the department.
1029 (d) An ancient or antique motorcycle: $11 $10 flat, $1 of
1030 which is deposited into the General Revenue Fund.
1031 (2) AUTOMOBILES FOR PRIVATE USE.—
1032 (a) An ancient or antique automobile, as defined in s.
1033 320.086, or a street rod, as defined in s. 320.0863: $8.50 $7.50
1034 flat, $1 of which is deposited into the General Revenue Fund.
1035 (b) Net weight of less than 2,500 pounds: $16 $14.50 flat,
1036 $1.50 of which is deposited into the General Revenue Fund.
1037 (c) Net weight of 2,500 pounds or more, but less than 3,500
1038 pounds: $24.75 $22.50 flat, $2.25 of which is deposited into the
1039 General Revenue Fund.
1040 (d) Net weight of 3,500 pounds or more: $35.75 $32.50 flat,
1041 $3.25 of which is deposited into the General Revenue Fund.
1042 (3) TRUCKS.—
1043 (a) Net weight of less than 2,000 pounds: $16 $14.50 flat,
1044 $1.50 of which is deposited into the General Revenue Fund.
1045 (b) Net weight of 2,000 pounds or more, but not more than
1046 3,000 pounds: $24.75 $22.50 flat, $2.25 of which is deposited
1047 into the General Revenue Fund.
1048 (c) Net weight more than 3,000 pounds, but not more than
1049 5,000 pounds: $35.75 $32.50 flat, $3.25 of which is deposited
1050 into the General Revenue Fund.
1051 (d) A truck defined as a “goat,” or any other vehicle when
1052 used in the field by a farmer or in the woods for the purpose of
1053 harvesting a crop, including naval stores, during such
1054 harvesting operations, and which is not principally operated
1055 upon the roads of the state: $8.50 $7.50 flat, $1 of which is
1056 deposited into the General Revenue Fund. A “goat” is a motor
1057 vehicle designed, constructed, and used principally for the
1058 transportation of citrus fruit within citrus groves or for the
1059 transportation of crops on farms, and which can also be used for
1060 the hauling of associated equipment or supplies, including
1061 required sanitary equipment, and the towing of farm trailers.
1062 (e) An ancient or antique truck, as defined in s. 320.086:
1063 $8.50 $7.50 flat, $1 of which is deposited into the General
1064 Revenue Fund.
1065 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1066 VEHICLE WEIGHT.—
1067 (a) Gross vehicle weight of 5,001 pounds or more, but less
1068 than 6,000 pounds: $49.50 $45 flat, $4.50 of which is deposited
1069 into the General Revenue Fund.
1070 (b) Gross vehicle weight of 6,000 pounds or more, but less
1071 than 8,000 pounds: $71.50 $65 flat, $6.50 of which is deposited
1072 into the General Revenue Fund.
1073 (c) Gross vehicle weight of 8,000 pounds or more, but less
1074 than 10,000 pounds: $84 $76 flat, $8 of which is deposited into
1075 the General Revenue Fund.
1076 (d) Gross vehicle weight of 10,000 pounds or more, but less
1077 than 15,000 pounds: $96 $87 flat, $9 of which is deposited into
1078 the General Revenue Fund.
1079 (e) Gross vehicle weight of 15,000 pounds or more, but less
1080 than 20,000 pounds: $144 $131 flat, $13 of which is deposited
1081 into the General Revenue Fund.
1082 (f) Gross vehicle weight of 20,000 pounds or more, but less
1083 than 26,001 pounds: $205 $186 flat, $19 of which is deposited
1084 into the General Revenue Fund.
1085 (g) Gross vehicle weight of 26,001 pounds or more, but less
1086 than 35,000: $264 $240 flat, $24 of which is deposited into the
1087 General Revenue Fund.
1088 (h) Gross vehicle weight of 35,000 pounds or more, but less
1089 than 44,000 pounds: $330 $300 flat, $30 of which is deposited
1090 into the General Revenue Fund.
1091 (i) Gross vehicle weight of 44,000 pounds or more, but less
1092 than 55,000 pounds: $629 $572 flat, $57 of which is deposited
1093 into the General Revenue Fund.
1094 (j) Gross vehicle weight of 55,000 pounds or more, but less
1095 than 62,000 pounds: $746 $678 flat, $68 of which is deposited
1096 into the General Revenue Fund.
1097 (k) Gross vehicle weight of 62,000 pounds or more, but less
1098 than 72,000 pounds: $880 $800 flat, $80 of which is deposited
1099 into the General Revenue Fund.
1100 (l) Gross vehicle weight of 72,000 pounds or more: $1,077
1101 $979 flat, $98 of which is deposited into the General Revenue
1102 Fund.
1103 (m) Notwithstanding the declared gross vehicle weight, a
1104 truck tractor used within a 150-mile radius of its home address
1105 shall be eligible for a license plate for a fee of $264 $240
1106 flat, $24 of which is deposited into the General Revenue Fund
1107 if:
1108 1. The truck tractor is used exclusively for hauling
1109 forestry products; or
1110 2. The truck tractor is used primarily for the hauling of
1111 forestry products, and is also used for the hauling of
1112 associated forestry harvesting equipment used by the owner of
1113 the truck tractor.
1114 (n) A truck tractor or heavy truck, not operated as a for
1115 hire vehicle, which is engaged exclusively in transporting raw,
1116 unprocessed, and nonmanufactured agricultural or horticultural
1117 products within a 150-mile radius of its home address, shall be
1118 eligible for a restricted license plate for a fee of $71.50 $65
1119 flat, $6.50 of which is deposited into the General Revenue Fund,
1120 if such vehicle’s declared gross vehicle weight is less than
1121 44,000 pounds; or $264 $240 flat, $24 of which is deposited into
1122 the General Revenue Fund, if such vehicle’s declared gross
1123 vehicle weight is 44,000 pounds or more and such vehicle only
1124 transports:
1125 1. From the point of production to the point of primary
1126 manufacture;
1127 2. From the point of production to the point of assembling
1128 the same; or
1129 3. From the point of production to a shipping point of
1130 either a rail, water, or motor transportation company.
1131
1132 Such not-for-hire truck tractors and heavy trucks used
1133 exclusively in transporting raw, unprocessed, and
1134 nonmanufactured agricultural or horticultural products may be
1135 incidentally used to haul farm implements and fertilizers when
1136 delivered direct to the growers. The department may require any
1137 such documentation deemed necessary to determine eligibility
1138 prior to issuance of this license plate. For the purpose of this
1139 paragraph, “not-for-hire” means the owner of the motor vehicle
1140 must also be the owner of the raw, unprocessed, and
1141 nonmanufactured agricultural or horticultural product, or the
1142 user of the farm implements and fertilizer being delivered.
1143 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1144 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
1145 (a)1. A semitrailer drawn by a GVW truck tractor by means
1146 of a fifth-wheel arrangement: $11 $10 flat, $1 of which is
1147 deposited into the General Revenue Fund per registration year or
1148 any part thereof.
1149 2. A semitrailer drawn by a GVW truck tractor by means of a
1150 fifth-wheel arrangement: $55 $50 flat, $5 of which is deposited
1151 into the General Revenue Fund per permanent registration.
1152 (b) A motor vehicle equipped with machinery and designed
1153 for the exclusive purpose of well drilling, excavation,
1154 construction, spraying, or similar activity, and which is not
1155 designed or used to transport loads other than the machinery
1156 described above over public roads: $35.75 $32.50 flat, $3.25 of
1157 which is deposited into the General Revenue Fund.
1158 (c) A school bus used exclusively to transport pupils to
1159 and from school or school or church activities or functions
1160 within their own county: $33 $30 flat, $3 of which is deposited
1161 into the General Revenue Fund.
1162 (d) A wrecker, as defined in s. 320.01(40), which is used
1163 to tow a vessel as defined in s. 327.02(39), a disabled,
1164 abandoned, stolen-recovered, or impounded motor vehicle as
1165 defined in s. 320.01(38), or a replacement motor vehicle as
1166 defined in s. 320.01(39):$33 $30 flat, $3 of which is deposited
1167 into the General Revenue Fund.
1168 (e) A wrecker, as defined in s. 320.01(40), which is used
1169 to tow any motor vehicle, regardless of whether or not such
1170 motor vehicle is a disabled motor vehicle as defined in s.
1171 320.01(38), a replacement motor vehicle as defined in s.
1172 320.01(39), a vessel as defined in s. 327.02(39), or any other
1173 cargo, as follows:
1174 1. Gross vehicle weight of 10,000 pounds or more, but less
1175 than 15,000 pounds: $96 $87 flat, $9 of which is deposited into
1176 the General Revenue Fund.
1177 2. Gross vehicle weight of 15,000 pounds or more, but less
1178 than 20,000 pounds: $144 $131 flat, $13 of which is deposited
1179 into the General Revenue Fund.
1180 3. Gross vehicle weight of 20,000 pounds or more, but less
1181 than 26,000 pounds: $205 $186 flat, $19 of which is deposited
1182 into the General Revenue Fund.
1183 4. Gross vehicle weight of 26,000 pounds or more, but less
1184 than 35,000 pounds: $264 $240 flat, $24 of which is deposited
1185 into the General Revenue Fund.
1186 5. Gross vehicle weight of 35,000 pounds or more, but less
1187 than 44,000 pounds: $330 $300 flat, $30 of which is deposited
1188 into the General Revenue Fund.
1189 6. Gross vehicle weight of 44,000 pounds or more, but less
1190 than 55,000 pounds: $629 $572 flat, $57 of which is deposited
1191 into the General Revenue Fund.
1192 7. Gross vehicle weight of 55,000 pounds or more, but less
1193 than 62,000 pounds: $746 $678 flat, $68 of which is deposited
1194 into the General Revenue Fund.
1195 8. Gross vehicle weight of 62,000 pounds or more, but less
1196 than 72,000 pounds: $880 $800 flat, $80 of which is deposited
1197 into the General Revenue Fund.
1198 9. Gross vehicle weight of 72,000 pounds or more: $1,077
1199 $979 flat, $98 of which is deposited in the General Revenue
1200 Fund.
1201 (f) A hearse or ambulance: $33 $30 flat, $3 of which is
1202 deposited into the General Revenue Fund.
1203 (6) MOTOR VEHICLES FOR HIRE.—
1204 (a) Under nine passengers: $13.75 $12.50 flat, $1.25 of
1205 which is deposited into the General Revenue Fund plus $1 per
1206 cwt.
1207 (b) Nine passengers and over: $13.75 $12.50 flat, $1.25 of
1208 which is deposited into the General Revenue Fund plus $1.50 per
1209 cwt.
1210 (7) TRAILERS FOR PRIVATE USE.—
1211 (a) Any trailer weighing 500 pounds or less: $6 $5 flat, $1
1212 of which is deposited into the General Revenue Fund per year or
1213 any part thereof.
1214 (b) Net weight over 500 pounds: $2.75 $2.50 flat, 25 cents
1215 of which is deposited into the General Revenue Fund plus 75
1216 cents per cwt.
1217 (8) TRAILERS FOR HIRE.—
1218 (a) Net weight under 2,000 pounds: $2.75 $2.50 flat, 25
1219 cents of which is deposited into the General Revenue Fund plus
1220 $1 per cwt.
1221 (b) Net weight 2,000 pounds or more: $11 $10 flat, $1 of
1222 which is deposited into the General Revenue Fund plus $1 per
1223 cwt.
1224 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
1225 (a) A travel trailer or fifth-wheel trailer, as defined by
1226 s. 320.01(1)(b), that does not exceed 35 feet in length: $22 $20
1227 flat, $2 of which is deposited into the General Revenue Fund.
1228 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $11
1229 $10 flat, $1 of which is deposited into the General Revenue
1230 Fund.
1231 (c) A motor home, as defined by s. 320.01(1)(b)4.:
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 (d) A truck camper as defined by s. 320.01(1)(b)3.:
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 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
1242 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1243 of which is deposited into the General Revenue Fund.
1244 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1245 $3.50 of which is deposited into the General Revenue Fund.
1246 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
1247 motor vehicle dealer, independent motor vehicle dealer, marine
1248 boat trailer dealer, or mobile home dealer and manufacturer
1249 license plate: $14 $12.50 flat, $1.50 of which is deposited into
1250 the General Revenue Fund.
1251 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
1252 official license plate: $3.50 $3 flat, 50 cents of which is
1253 deposited into the General Revenue Fund.
1254 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
1255 vehicle for hire operated wholly within a city or within 25
1256 miles thereof: $14 $12.50 flat, $1.50 of which is deposited into
1257 the General Revenue Fund, plus $1.50 per cwt.
1258 (15) TRANSPORTER.—Any transporter license plate issued to a
1259 transporter pursuant to s. 320.133: $83 $75 flat, $8 of which is
1260 deposited into the General Revenue Fund.
1261 Section 27. Section 320.08035, Florida Statutes, is amended
1262 to read:
1263 320.08035 Persons who have disabilities; reduced dimension
1264 license plate.—The owner or lessee of a motorcycle, moped, or
1265 motorized disability access vehicle who resides in this state
1266 and qualifies for a parking permit for a person who has a
1267 disability under s. 320.0848, upon application and payment of
1268 the appropriate license tax and fees under s. 320.08(1), must be
1269 issued a license plate that has reduced dimensions as provided
1270 under s. 320.06(2)(a) s. 320.06(3)(a). The plate must be stamped
1271 with the international symbol of accessibility after the numeric
1272 and alpha serial number of the license plate. The plate entitles
1273 the person to all privileges afforded by a disabled parking
1274 permit issued under s. 320.0848.
1275 Section 28. Section 320.08046, Florida Statutes, is amended
1276 to read:
1277 320.08046 Surcharge on license tax; General Revenue Fund.
1278 There is levied on each license tax imposed under s. 320.08,
1279 except those set forth in s. 320.08(11), a surcharge in the
1280 amount of $5 $1, which shall be collected in the same manner as
1281 the license tax. Of the proceeds of the license tax surcharge,
1282 $4.50 58 percent shall be deposited into the General Revenue
1283 Fund and 50 cents 42 percent shall be deposited into the Grants
1284 and Donations Trust Fund in the Department of Juvenile Justice
1285 to fund the community juvenile justice partnership grants
1286 program.
1287 Section 29. Subsection (2) of section 320.0805, Florida
1288 Statutes, as amended by section 4 of chapter 2009-14, Laws of
1289 Florida, is amended to read:
1290 320.0805 Personalized prestige license plates.—
1291 (2) Each request for specific numbers or letters or
1292 combinations thereof shall be submitted annually to the
1293 department on an application form supplied by the department,
1294 accompanied by the following tax and fees:
1295 (a) The license tax required for the vehicle, as set forth
1296 in s. 320.08.
1297 (b) A prestige plate annual use fee of $10.
1298 (c) A processing fee of $5 $2, $3 of which shall be
1299 deposited into the General Revenue Fund and $2 to be deposited
1300 into the Highway Safety Operating Trust Fund.
1301 Section 30. Subsection (3) of section 320.08056, Florida
1302 Statutes, as amended by section 5 of chapter 2009-14, Laws of
1303 Florida, is amended to read:
1304 320.08056 Specialty license plates.—
1305 (3) Each request must be made annually to the department,
1306 accompanied by the following tax and fees:
1307 (a) The license tax required for the vehicle as set forth
1308 in s. 320.08.
1309 (b) A processing fee of $5 $2, $3 of which shall to be
1310 deposited into the General Revenue Fund and $2 deposited into
1311 the Highway Safety Operating Trust Fund.
1312 (c) A license plate fee as required by s. 320.06(1)(b).
1313 (d) A license plate annual use fee as required in
1314 subsection (4).
1315
1316 A request may be made any time during a registration period. If
1317 a request is made for a specialty license plate to replace a
1318 current valid license plate, the specialty license plate must be
1319 issued with appropriate decals attached at no tax for the plate,
1320 but all fees and service charges must be paid. When a request is
1321 made for a specialty license plate at the beginning of the
1322 registration period, the tax, together with all applicable fees
1323 and service charges, must be paid.
1324 Section 31. Subsection (4) of section 320.0807, Florida
1325 Statutes, is amended to read:
1326 320.0807 Special license plates for Governor and federal
1327 and state legislators.—
1328 (4) License plates purchased under subsection (1),
1329 subsection (2), or subsection (3) shall be replaced by the
1330 department at no cost, other than the fees required by ss.
1331 320.04 and 320.06(2)(b) 320.06(3)(b), when the person to whom
1332 such plates have been issued leaves the elective office with
1333 respect to which such license plates were issued. Within 30 days
1334 after leaving office, the person to whom such license plates
1335 have been issued shall make application to the department for a
1336 replacement license plate. Such person may return the prestige
1337 license plates to the department or may retain such plates as
1338 souvenirs. Upon receipt of the replacement license plate, such
1339 person shall not continue to display on any vehicle the prestige
1340 license plate or plates issued with respect to his or her former
1341 office.
1342 Section 32. Subsection (5) of section 320.081, Florida
1343 Statutes, is amended to read:
1344 320.081 Collection and distribution of annual license tax
1345 imposed on the following type units.—
1346 (5) The department shall keep records showing the total
1347 number of stickers issued to each type unit governed by this
1348 section, the total amount of license taxes collected, and the
1349 county or city wherein each such unit is located and shall from
1350 month to month certify to the Chief Financial Officer the amount
1351 derived from license taxes in each county and each city within
1352 the county. Such amount, less the amount of $1.50 collected on
1353 each license and the $1 license tax surcharge imposed by s.
1354 320.08015, shall be paid to the counties and cities within the
1355 counties wherein the unit or units are located as follows: one
1356 half to the district school board and the remainder either to
1357 the board of county commissioners, for units which are located
1358 within the unincorporated areas of the county, or to any city
1359 within such county, for units which are located within its
1360 corporate limits. Payment shall be by warrant drawn by the Chief
1361 Financial Officer upon the treasury, on a which amount is hereby
1362 appropriated monthly basis out of the License Tax Collection
1363 Trust Fund.
1364 Section 33. Subsections (3) and (4) of section 320.084,
1365 Florida Statutes, are amended to read:
1366 320.084 Free motor vehicle license plate to certain
1367 disabled veterans.—
1368 (3) The department shall, as it deems necessary, require
1369 each person to whom a motor vehicle license plate has been
1370 issued pursuant to subsection (1) to apply to the department for
1371 reissuance of his or her registration license plate. Upon
1372 receipt of the application and proof of the applicant’s
1373 continued eligibility, the department shall issue a new
1374 permanent “DV” numerical motor vehicle license plate which shall
1375 be of the colors red, white, and blue similar to the colors of
1376 the United States flag. The operation of a motor vehicle
1377 displaying a “DV” license plate from a previous issue period or
1378 a noncurrent validation sticker after the date specified by the
1379 department shall subject the owner if he or she is present,
1380 otherwise the operator, to the penalty provided in s. 318.18(2).
1381 Such permanent license plate shall be removed upon sale of the
1382 vehicle, but may be transferred to another vehicle owned by such
1383 veteran in the manner prescribed by law. The license number of
1384 each plate issued under this section shall be identified by the
1385 letter designation “DV.” Upon request of any such veteran, the
1386 department is authorized to issue a designation plate containing
1387 only the letters “DV,” to be displayed on the front of the
1388 vehicle.
1389 (4)(a) With the issuance of each new permanent “DV”
1390 numerical motor vehicle license plate, the department shall
1391 initially issue, without cost to the applicant, a validation
1392 sticker reflecting the owner’s birth month and a serially
1393 numbered validation sticker reflecting the year of expiration.
1394 The initial sticker reflecting the year of expiration may not
1395 exceed 15 months.
1396 (a)(b) There shall be a service charge in accordance with
1397 the provisions of s. 320.04 for each initial application or
1398 renewal of registration and an additional sum of 50 cents on
1399 each license plate and validation sticker as provided in s.
1400 320.06(2)(b) s. 320.06(3)(b).
1401 (b)(c) Registration under this section shall be renewed
1402 annually during the applicable renewal period on forms
1403 prescribed by the department, which shall include, in addition
1404 to any other information required by the department, a certified
1405 statement as to the continued eligibility of the applicant to
1406 receive the special “DV” license plate. Any applicant who
1407 falsely or fraudulently submits to the department the certified
1408 statement required by this paragraph is guilty of a noncriminal
1409 violation and is subject to a civil penalty of $50.
1410 Section 34. Subsection (4) of section 320.086, Florida
1411 Statutes, is amended to read:
1412 320.086 Ancient or antique motor vehicles; horseless
1413 carriage, antique, or historical license plates; former military
1414 vehicles.—
1415 (4) Any person who is the registered owner of a motor
1416 vehicle as defined in this section and manufactured in the model
1417 year 1974 or earlier may apply to the department for permission
1418 to use a historical Florida license plate that clearly
1419 represents the model year of the vehicle as a personalized
1420 prestige license plate. This plate shall be furnished by such
1421 person and shall be presented to the department with a
1422 reasonable fee to be determined by the department for approval
1423 and for authentication that the historic license plate and any
1424 applicable decals were issued by this state in the same year as
1425 the model year of the car or truck. The requirements of s.
1426 320.0805(8)(b) do not apply to historical plates authorized
1427 under this subsection.
1428 Section 35. Subsections (3) and (5) of section 320.0894,
1429 Florida Statutes, are amended to read:
1430 320.0894 Motor vehicle license plates to Gold Star family
1431 members.—The department shall develop a special license plate
1432 honoring the family members of servicemembers who have been
1433 killed while serving in the Armed Forces of the United States.
1434 The license plate shall be officially designated as the Gold
1435 Star license plate and shall be developed and issued as provided
1436 in this section.
1437 (3)(a) Each owner or lessee of an automobile or truck for
1438 private use, truck weighing not more than 7,999 pounds, or
1439 recreational vehicle as specified in s. 320.08(9)(c) or (d),
1440 which automobile, truck, or vehicle is not used for hire or
1441 commercial use, who is a resident of this state, and who meets
1442 the qualifications provided in subsection (4) shall, upon
1443 application therefor to the department and payment of the
1444 license tax and appropriate fees established in this chapter, be
1445 issued a Gold Star license plate. Each initial application for a
1446 Gold Star license plate must be accompanied by proof that the
1447 applicant meets the requirements provided in subsection (4).
1448 (b) The surviving spouse and a surviving parent meeting the
1449 requirements in subsection (4) shall each, upon application
1450 therefor, be issued the Gold Star license plate for one vehicle
1451 per household free of charge. Renewal decals for the plate
1452 issued under this paragraph shall be issued at no cost.
1453 (5) An eligible family member may request a Gold Star
1454 license plate at any time during his or her registration period.
1455 If such a license plate is to replace a current valid license
1456 plate, the license plate shall be issued with appropriate
1457 renewal decals attached.
1458 Section 36. Subsection (2) of section 320.10, Florida
1459 Statutes, is amended to read:
1460 320.10 Exemptions.—
1461 (2) Any such vehicle or mobile home, except one owned or
1462 operated exclusively by the Federal Government, shall be
1463 furnished a license plate, validation sticker, or mobile home
1464 decal sticker upon the proper application to the department and
1465 upon the payment of $3 to cover the cost of same. For any motor
1466 vehicle or mobile home which is exempt under paragraph (1)(a),
1467 there shall be issued a license plate, validation sticker, or
1468 mobile home decal sticker prescribed by s. 320.06; and for any
1469 vehicle which is exempt under paragraphs (1)(c)-(h), there shall
1470 be issued a license plate under series “X.” Vehicles exempt
1471 under this provision must be equipped with proper license plates
1472 showing such exempt status.
1473 Section 37. Section 320.26, Florida Statutes, is amended to
1474 read:
1475 320.26 Counterfeiting license plates, validation stickers,
1476 mobile home decals stickers, cab cards, trip permits, or special
1477 temporary operational permits prohibited; penalty.—
1478 (1)(a) No person shall counterfeit registration license
1479 plates, validation stickers, or mobile home decals stickers, or
1480 have in his or her possession any such plates or decals
1481 stickers; nor shall any person manufacture, sell, or dispose of
1482 registration license plates, validation stickers, or mobile home
1483 decals stickers in the state without first having obtained the
1484 permission and authority of the department in writing.
1485 (b) No person shall counterfeit, alter, or manufacture
1486 International Registration Plan cab cards, trip permits, special
1487 temporary permits, or temporary operational permits; nor shall
1488 any person sell or dispose of International Registration Plan
1489 cab cards, trip permits, special temporary permits, or temporary
1490 operational permits without first having obtained the permission
1491 and authority of the department in writing.
1492 (2) Any person who violates this section is guilty of a
1493 felony of the third degree.
1494 (a) If the violator is a natural person, he or she is
1495 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1496 (b) If the violator is an association or corporation, it is
1497 punishable as provided in s. 775.083, and the official of the
1498 association or corporation under whose direction or with whose
1499 knowledge, consent, or acquiescence such violation occurred may
1500 be punished as provided in s. 775.082, in addition to the fine
1501 which may be imposed upon such association or corporation.
1502 Section 38. Section 320.261, Florida Statutes, is amended
1503 to read:
1504 320.261 Attaching registration license plate not assigned
1505 unlawful; penalty.—Any person who knowingly attaches to any
1506 motor vehicle or mobile home any registration license plate, or
1507 who knowingly attaches any validation sticker or mobile home
1508 decal sticker to a registration license plate, which plate or
1509 decal sticker was not issued and assigned or lawfully
1510 transferred to such vehicle, commits is guilty of a misdemeanor
1511 of the second degree, punishable as provided in s. 775.082 or s.
1512 775.083.
1513 Section 39. Subsections (13) through (18) of section
1514 320.822, Florida Statutes, are amended to read:
1515 320.822 Definitions; ss. 320.822-320.862.—In construing ss.
1516 320.822-320.862, unless the context otherwise requires, the
1517 following words or phrases have the following meanings:
1518 (13) “Seal” or “label” means a device issued by the
1519 department certifying that a mobile home or recreational vehicle
1520 meets the appropriate code, which device is to be displayed on
1521 the exterior of the mobile home or recreational vehicle.
1522 (13)(14) “Setup” or “installation” means the operations
1523 performed at the occupancy site which render a mobile home or
1524 park trailer fit for habitation. Such operations include, but
1525 are not limited to, transporting; positioning; blocking;
1526 leveling, supporting, installing foundation products,
1527 components, and systems; connecting utility systems; making
1528 minor adjustments; or assembling multiple or expandable units.
1529 (14)(15) “Substantial defect” means:
1530 (a) Any substantial deficiency or defect in materials or
1531 workmanship occurring to a mobile home or recreational vehicle
1532 which has been reasonably maintained and cared for in normal
1533 use.
1534 (b) Any structural element, utility system, or component of
1535 the mobile home or recreational vehicle, which fails to comply
1536 with the code.
1537 (15)(16) “Supplier” means the original producer of
1538 completed components, including refrigerators, stoves, hot water
1539 heaters, dishwashers, cabinets, air conditioners, heating units,
1540 and similar components, which are furnished to a manufacturer or
1541 dealer for installation in the mobile home or recreational
1542 vehicle prior to sale to a buyer.
1543 (16)(17) “Width of a mobile home” means the distance from
1544 the exterior of one side wall to the exterior of the opposite
1545 side wall where such walls enclose living or other interior
1546 space and such distance includes expandable rooms but not bay
1547 windows, porches, wall and roof extensions, or other
1548 attachments.
1549 (17)(18) “Body size” of a park trailer, travel trailer, or
1550 fifth-wheel trailer means the distance from the exterior side or
1551 end to the opposite exterior side or end of the body. Such
1552 distance includes expandable rooms, bay windows, wall and roof
1553 extensions, or other extrusions in the travel mode. The
1554 following exceptions apply:
1555 (a) Travel trailers shall not exceed 320 square feet. All
1556 square footage measurements are of the exterior when in setup
1557 mode, including bay windows.
1558 (b) Park trailers constructed to ANSI A-119.5 shall not
1559 exceed 400 square feet. Park trailers constructed to the United
1560 States Department of Housing and Urban Development standard
1561 shall not exceed 500 square feet. All square footage
1562 measurements are of the exterior when in setup mode and do not
1563 include bay windows.
1564 (c) Fifth-wheel trailers may not exceed 400 square feet.
1565 All square footage measurements are of the exterior when in
1566 setup mode, including bay windows.
1567 Section 40. Section 320.824, Florida Statutes, is repealed.
1568 Section 41. Section 320.8245, Florida Statutes, is amended
1569 to read:
1570 320.8245 Limitation of alteration or modification to mobile
1571 homes or recreational vehicles.—
1572 (1) LIMITATION OF ALTERATIONS OR MODIFICATIONS.—No
1573 alteration or modification shall be made to a mobile home or
1574 recreational vehicle by a licensed dealer after shipment from
1575 the manufacturer’s plant unless such alteration or modification
1576 is authorized in this section.
1577 (2) EFFECT ON MOBILE HOME WARRANTY.—Unless an alteration or
1578 modification is performed by a qualified person as defined in
1579 subsection (3) (4), the warranty responsibility of the
1580 manufacturer as to the altered or modified item shall be void.
1581 (a) An alteration or modification performed by a mobile
1582 home or recreational vehicle dealer or his or her agent or
1583 employee shall place warranty responsibility for the altered or
1584 modified item upon the dealer. If the manufacturer fulfills, or
1585 is required to fulfill, the warranty on the altered or modified
1586 item, he or she shall be entitled to recover damages in the
1587 amount of his or her costs and attorneys’ fees from the dealer.
1588 (b) An alteration or modification performed by a mobile
1589 home or recreational vehicle owner or his or her agent shall
1590 render the manufacturer’s warranty as to that item void. A
1591 statement shall be displayed clearly and conspicuously on the
1592 face of the warranty that the warranty is void as to the altered
1593 or modified item if the alteration or modification is performed
1594 by other than a qualified person. Failure to display such
1595 statement shall result in warranty responsibility on the
1596 manufacturer.
1597 (3) AUTHORITY OF THE DEPARTMENT.—The department is
1598 authorized to promulgate rules and regulations pursuant to
1599 chapter 120 which define the alterations or modifications which
1600 must be made by qualified personnel. The department may regulate
1601 only those alterations and modifications which substantially
1602 impair the structural integrity or safety of the mobile home.
1603 (3)(4) DESIGNATION AS A QUALIFIED PERSON.—
1604 (a) In order to be designated as a person qualified to
1605 alter or modify a mobile home or recreational vehicle, a person
1606 must comply with local or county licensing or competency
1607 requirements in skills relevant to performing alterations or
1608 modifications on mobile homes or recreational vehicles.
1609 (b) When no local or county licensing or competency
1610 requirements exist, the department may certify persons to
1611 perform mobile home alterations or modifications. The department
1612 shall by rule or regulation determine what skills and competency
1613 requirements are requisite to the issuance of a certification. A
1614 fee sufficient to cover the costs of issuing certifications may
1615 be charged by the department. The certification shall be valid
1616 for a period which terminates when the county or other local
1617 governmental unit enacts relevant competency or licensing
1618 requirements. The certification shall be valid only in counties
1619 or localities without licensing or competency requirements.
1620 (c) The department shall determine which counties and
1621 localities have licensing or competency requirements adequate to
1622 eliminate the requirement of certification. This determination
1623 shall be based on a review of the relevant county or local
1624 standards for adequacy in regulating persons who perform
1625 alterations or modifications to mobile homes. The department
1626 shall find local or county standards adequate when minimal
1627 licensing or competency standards are provided.
1628 Section 42. Subsection (6) of section 320.8249, Florida
1629 Statutes, is amended to read:
1630 320.8249 Mobile home installers license.—
1631 (6) “Installation,” as used herein, is synonymous with
1632 “setup” as defined in s.320.822(13) s. 320.822(14).
1633 Section 43. Section 320.8255, Florida Statutes, is
1634 repealed.
1635 Section 44. Section 320.827, Florida Statutes, is amended
1636 to read:
1637 320.827 Label; procedures for issuance; certification;
1638 requirements.—No dealer shall sell or offer for sale in this
1639 state any new mobile home manufactured after January 1, 1968,
1640 unless the mobile home bears a label and the certification by
1641 the manufacturer that the mobile home to which the label is
1642 attached meets or exceeds the appropriate code. Any mobile home
1643 bearing the insignia of approval pursuant to this section shall
1644 be deemed to comply with the requirements of all local
1645 government ordinances or rules which govern construction, and no
1646 mobile home bearing an the department insignia of approval shall
1647 be in any way modified except in compliance with this chapter.
1648 Labels may be issued by the department when applied for with an
1649 affidavit certifying that the dealer or manufacturer applying
1650 will not attach a label to any new mobile home that does not
1651 meet or exceed the appropriate code. No mobile home may be
1652 manufactured in this state unless it bears a label and
1653 certification that the mobile home meets or exceeds the code of
1654 the United States Department of Housing and Urban Development.
1655 The label for each mobile home shall be displayed in a manner to
1656 be prescribed by the department.
1657 Section 45. Section 320.834, Florida Statutes, is amended
1658 to read:
1659 320.834 Purpose.—It is the intent of the Legislature to
1660 ensure the safety and welfare of residents of mobile homes
1661 through a licensing an inspection program conducted by the
1662 Department of Highway Safety and Motor Vehicles. Mobile homes
1663 are a primary affordable housing resource of many of the
1664 residents of the state and satisfy a large segment of statewide
1665 housing needs. It is the further intent of the Legislature that
1666 the department, mobile home dealers, and mobile home
1667 manufacturers continue to work together to meet the applicable
1668 code requirements for mobile homes and that such dealers and
1669 manufacturers share the responsibilities of warranting mobile
1670 homes in accordance with applicable codes and resolving
1671 legitimate consumer complaints in a timely, efficient manner.
1672 Section 46. Paragraph (a) of subsection (2) of section
1673 321.23, Florida Statutes, is amended to read:
1674 321.23 Public records; fees for copies; destruction of
1675 obsolete records; photographing records; effect as evidence.—
1676 (2) Fees for copies of public records shall be charged and
1677 collected as follows:
1678 (a) For a crash report, a copy.....................$10 $2
1679 Section 47. Subsection (3) of section 322.051, Florida
1680 Statutes, is amended to read:
1681 322.051 Identification cards.—
1682 (3) If an identification card issued under this section is
1683 lost, destroyed, or mutilated or a new name is acquired, the
1684 person to whom it was issued may obtain a duplicate upon
1685 furnishing satisfactory proof of such fact to the department and
1686 upon payment of a fee as provided in s. 322.21 of $10 for such
1687 duplicate, $2.50 of which shall be deposited into the General
1688 Revenue Fund and $7.50 into the Highway Safety Operating Trust
1689 Fund. The fee shall include payment for the color photograph or
1690 digital image of the applicant. Any person who loses an
1691 identification card and who, after obtaining a duplicate, finds
1692 the original card shall immediately surrender the original card
1693 to the department. The same documentary evidence shall be
1694 furnished for a duplicate as for an original identification
1695 card.
1696 Section 48. Paragraph (c) of subsection (5) of section
1697 322.081, Florida Statutes, is amended to read:
1698 322.081 Requests to establish voluntary check-off on
1699 driver’s license application.—
1700 (5) A voluntary contribution collected and distributed
1701 under this chapter, or any interest earned from those
1702 contributions, may not be used for commercial or for-profit
1703 activities nor for general or administrative expenses, except as
1704 authorized by law.
1705 (c) Any voluntary contributions authorized by law must be
1706 deposited into and distributed from the Motor Vehicle License
1707 Clearing Trust Fund to the recipients specified in this chapter
1708 shall only be distributed to an organization under an
1709 appropriation by the Legislature.
1710 Section 49. Subsection (1) of section 322.12, Florida
1711 Statutes, is amended to read:
1712 322.12 Examination of applicants.—
1713 (1) It is the intent of the Legislature that every
1714 applicant for an original driver’s license in this state be
1715 required to pass an examination pursuant to this section.
1716 However, the department may waive the knowledge, endorsement,
1717 and skills tests for an applicant who is otherwise qualified and
1718 who surrenders a valid driver’s license from another state or a
1719 province of Canada, or a valid driver’s license issued by the
1720 United States Armed Forces, if the driver applies for a Florida
1721 license of an equal or lesser classification. Any applicant who
1722 fails to pass the initial knowledge test will incur a $10 $5 fee
1723 for each subsequent test, to be deposited into the Highway
1724 Safety Operating Trust Fund. Any applicant who fails to pass the
1725 initial skills test will incur a $20 $10 fee for each subsequent
1726 test, to be deposited into the Highway Safety Operating Trust
1727 Fund. A person who seeks to retain a hazardous-materials
1728 endorsement, pursuant to s. 322.57(1)(d), must pass the
1729 hazardous-materials test, upon surrendering his or her
1730 commercial driver’s license, if the person has not taken and
1731 passed the hazardous-materials test within 2 years preceding his
1732 or her application for a commercial driver’s license in this
1733 state.
1734 Section 50. Subsection (9) and paragraph (a) of subsection
1735 (11) of section 322.20, Florida Statutes, are amended to read:
1736 322.20 Records of the department; fees; destruction of
1737 records.—
1738 (9) The department may, upon application, furnish to any
1739 person, from the records of the Division of Driver Licenses, a
1740 list of the names, addresses, and birth dates of the licensed
1741 drivers of the entire state or any portion thereof by age group.
1742 In addition, the department may furnish to the courts, for the
1743 purpose of establishing jury selection lists, the names,
1744 addresses, and birth dates of the persons of the entire state or
1745 any portion thereof by age group having identification cards
1746 issued by the department. Each person who requests such
1747 information shall pay a fee, set by the department, of 5 cents 1
1748 cent per name listed, except that the department shall furnish
1749 such information without charge to the courts for the purpose of
1750 jury selection or to any state agency or to any state attorney,
1751 sheriff, or chief of police. Such court, state agency, state
1752 attorney, or law enforcement agency may not sell, give away, or
1753 allow the copying of such information. Noncompliance with this
1754 prohibition shall authorize the department to charge the
1755 noncomplying court, state agency, state attorney, or law
1756 enforcement agency the appropriate fee for any subsequent lists
1757 requested. The department may adopt rules necessary to implement
1758 this subsection.
1759 (11)(a) The department is authorized to charge the
1760 following fees for the following services and documents:
1761 1. For providing a transcript of any one individual’s
1762 driver history record or any portion thereof for the past 3 or 7
1763 years or for searching for such record when no record is found
1764 to be on file $10 $2.10
1765 2. For providing a transcript of any one individual’s
1766 driver history record or any portion thereof for the past 7
1767 years or for searching for such record when no record is found
1768 to be on file $3.10
1769 2.3. For providing a certified copy of a transcript of the
1770 driver history record or any portion thereof for any one
1771 individual $10 $3.10
1772 3.4. For providing a certified photographic copy of a
1773 document, per page $1.00
1774 4.5. For providing an exemplified record $15.00
1775 5.6. For providing photocopies of documents, papers,
1776 letters, clearances, or license or insurance status reports, per
1777 page $0.50
1778 6.7. For assisting persons in searching any one
1779 individual’s driver record at a terminal located at the
1780 department’s general headquarters in Tallahassee $2.00
1781 Section 51. Section 322.201, Florida Statutes, is amended
1782 to read:
1783 322.201 Records as evidence.—A copy, computer copy, or
1784 transcript of all abstracts of crash reports and all abstracts
1785 of court records of convictions received by the department and
1786 the complete driving record of any individual duly certified by
1787 machine imprint of the department or by machine imprint of the
1788 clerk of a court shall be received as evidence in all courts of
1789 this state without further authentication, provided the same is
1790 otherwise admissible in evidence. Further, any court or the
1791 office of the clerk of any court of this state which is
1792 electronically connected by a terminal device to the computer
1793 data center of the department may use as evidence in any case
1794 the information obtained by this device from the records of the
1795 department without need of such certification; however, if a
1796 genuine issue as to the authenticity of such information is
1797 raised by a party or by the court, the court in its sound
1798 discretion may require that a record certified by the department
1799 be submitted for admission into evidence. For such computer
1800 copies generated by a terminal device of a court or clerk of
1801 court, entry in a driver’s record that the notice required by s.
1802 322.251 was given shall constitute sufficient evidence that such
1803 notice was given.
1804 Section 52. Section 322.21, Florida Statutes, is amended to
1805 read:
1806 322.21 License fees; procedure for handling and collecting
1807 fees.—
1808 (1) Except as otherwise provided herein, the fee for:
1809 (a) An original or renewal commercial driver’s license is
1810 $75 $67, which shall include the fee for driver education
1811 provided by s. 1003.48; however, if an applicant has completed
1812 training and is applying for employment or is currently employed
1813 in a public or nonpublic school system that requires the
1814 commercial license, the fee shall be the same as for a Class E
1815 driver’s license. A delinquent fee of $10 $1 shall be added for
1816 a renewal made not more than 12 months after the license
1817 expiration date.
1818 (b) An original Class E driver’s license is $35 $27, which
1819 shall include the fee for driver’s education provided by s.
1820 1003.48; however, if an applicant has completed training and is
1821 applying for employment or is currently employed in a public or
1822 nonpublic school system that requires a commercial driver
1823 license, the fee shall be the same as for a Class E license.
1824 (c) The renewal or extension of a Class E driver’s license
1825 or of a license restricted to motorcycle use only is $28 $20,
1826 except that a delinquent fee of $10 $1 shall be added for a
1827 renewal or extension made not more than 12 months after the
1828 license expiration date. The fee provided in this paragraph
1829 shall include the fee for driver’s education provided by s.
1830 1003.48.
1831 (d) An original driver’s license restricted to motorcycle
1832 use only is $35 $27, which shall include the fee for driver’s
1833 education provided by s. 1003.48.
1834 (e) A replacement driver’s license issued pursuant to s.
1835 322.17 is $20 $10. Of this amount $7 shall be deposited into the
1836 Highway Safety Operating Trust Fund and $13 $3 shall be
1837 deposited into the General Revenue Fund.
1838 (f) An original, renewal, or replacement identification
1839 card issued pursuant to s. 322.051 is $11 $10. Funds collected
1840 from these fees shall be distributed as follows:
1841 1. For an original identification card issued pursuant to
1842 s. 322.051 the fee shall be $11 $10. This amount shall be
1843 deposited into the General Revenue Fund.
1844 2. For a renewal identification card issued pursuant to s.
1845 322.051 the fee shall be $11 $10. Of this amount, $6 shall be
1846 deposited into the Highway Safety Operating Trust Fund and $5 $4
1847 shall be deposited into the General Revenue Fund.
1848 3. For a replacement identification card issued pursuant to
1849 s. 322.051 the fee shall be $11 $10. Of this amount, $9 shall be
1850 deposited into the Highway Safety Operating Trust Fund and $2 $1
1851 shall be deposited into the General Revenue Fund.
1852 (g) Each endorsement required by s. 322.57 is $7.
1853 (h) A hazardous-materials endorsement, as required by s.
1854 322.57(1)(d), shall be set by the department by rule and shall
1855 reflect the cost of the required criminal history check,
1856 including the cost of the state and federal fingerprint check,
1857 and the cost to the department of providing and issuing the
1858 license. The fee shall not exceed $100. This fee shall be
1859 deposited in the Highway Safety Operating Trust Fund. The
1860 department may adopt rules to administer this section.
1861 (2) It is the duty of the Director of the Division of
1862 Driver Licenses to set up a division in the department with the
1863 necessary personnel to perform the necessary clerical and
1864 routine work for the department in issuing and recording
1865 applications, licenses, and certificates of eligibility,
1866 including the receiving and accounting of all license funds and
1867 their payment into the State Treasury, and other incidental
1868 clerical work connected with the administration of this chapter.
1869 The department is authorized to use such electronic, mechanical,
1870 or other devices as necessary to accomplish the purposes of this
1871 chapter.
1872 (3) The department shall prepare sufficient forms for
1873 certificates of eligibility, applications, notices, and license
1874 materials to supply all applicants for driver’s licenses and all
1875 renewal licenses.
1876 (4) If the department determines from its records or is
1877 otherwise satisfied that the holder of a license about to expire
1878 is entitled to have it renewed, the department shall mail a
1879 renewal notice to him or her at his or her last known address,
1880 not less than 30 days prior to the licensee’s birthday. The
1881 licensee shall be issued a renewal license, after reexamination,
1882 if required, during the 30 days immediately preceding his or her
1883 birthday upon presenting a renewal notice, his or her current
1884 license, and the fee for renewal to the department at any
1885 driver’s license examining office.
1886 (5) The department shall collect and transmit all fees
1887 received by it under this section to the Chief Financial Officer
1888 to be placed in the General Revenue Fund of the state, and
1889 sufficient funds for the necessary expenses of the department
1890 shall be included in the appropriations act. The fees shall be
1891 used for the maintenance and operation of the department.
1892 (6) Any member of the Armed Forces or his or her spouse,
1893 daughter, son, stepdaughter, or stepson, who holds a Florida
1894 driver’s license and who presents an affidavit showing that he
1895 or she was out of the state due to service in the Armed Forces
1896 of the United States at the time of license expiration is exempt
1897 from paying the delinquent fee, if the application for renewal
1898 is made within 15 months after the expiration of his or her
1899 license and within 90 days after the date of discharge or
1900 transfer to a military or naval establishment in this state as
1901 shown in the affidavit. However, such a person is not exempt
1902 from any reexamination requirement.
1903 (7) Any veteran honorably discharged from the Armed Forces
1904 who has been issued a valid identification card by the
1905 Department of Veterans’ Affairs in accordance with s. 295.17, or
1906 has been determined by the United States Department of Veterans
1907 Affairs or its predecessor to have a 100-percent total and
1908 permanent service-connected disability rating for compensation,
1909 or has been determined to have a service-connected total and
1910 permanent disability rating of 100 percent and is in receipt of
1911 disability retirement pay from any branch of the United States
1912 Armed Services, and who is qualified to obtain a driver’s
1913 license under this chapter is exempt from all fees required by
1914 this section.
1915 (8) Any person who applies for reinstatement following the
1916 suspension or revocation of the person’s driver’s license shall
1917 pay a service fee of $45 $35 following a suspension, and $75 $60
1918 following a revocation, which is in addition to the fee for a
1919 license. Any person who applies for reinstatement of a
1920 commercial driver’s license following the disqualification of
1921 the person’s privilege to operate a commercial motor vehicle
1922 shall pay a service fee of $75 $60, which is in addition to the
1923 fee for a license. The department shall collect all of these
1924 fees at the time of reinstatement. The department shall issue
1925 proper receipts for such fees and shall promptly transmit all
1926 funds received by it as follows:
1927 (a) Of the $45 $35 fee received from a licensee for
1928 reinstatement following a suspension, the department shall
1929 deposit $15 in the General Revenue Fund and $30 $20 in the
1930 Highway Safety Operating Trust Fund.
1931 (b) Of the $75 $60 fee received from a licensee for
1932 reinstatement following a revocation or disqualification, the
1933 department shall deposit $35 in the General Revenue Fund and $40
1934 $25 in the Highway Safety Operating Trust Fund.
1935 (9)(a) An applicant requesting a review authorized in s.
1936 322.222, s. 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must
1937 pay a filing fee of $25 to be deposited into the Highway Safety
1938 Operating Trust Fund.
1939 (b) An applicant petitioning the department for a hearing
1940 authorized in s. 322.271, must pay a filing fee of $12 to be
1941 deposited into the Highway Safety Operating Trust Fund.
1942
1943 If the revocation or suspension of the driver’s license was for
1944 a violation of s. 316.193, or for refusal to submit to a lawful
1945 breath, blood, or urine test, an additional fee of $130 $115
1946 must be charged. However, only one $130 $115 fee may be
1947 collected from one person convicted of violations arising out of
1948 the same incident. The department shall collect the $130 $115
1949 fee and deposit the fee into the Highway Safety Operating Trust
1950 Fund at the time of reinstatement of the person’s driver’s
1951 license, but the fee may not be collected if the suspension or
1952 revocation is overturned. If the revocation or suspension of the
1953 driver’s license was for a conviction for a violation of s.
1954 817.234(8) or (9) or s. 817.505, an additional fee of $180 is
1955 imposed for each offense. The department shall collect and
1956 deposit the additional fee into the Highway Safety Operating
1957 Trust Fund at the time of reinstatement of the person’s driver’s
1958 license.
1959 Section 53. Subsection (5) is added to section 322.2715,
1960 Florida Statutes, to read:
1961 322.2715 Ignition interlock device.—
1962 (5) In addition to any fees authorized by rule for the
1963 installation and maintenance of the ignition interlock device,
1964 the authorized installer of the device shall collect and remit
1965 $12 for each installation to the department which shall be
1966 deposited into the Highway Safety Operating Trust Fund to be
1967 used for the operation of the Ignition Interlock Device Program.
1968 Section 54. Subsection (2) of section 322.29, Florida
1969 Statutes, is amended to read:
1970 322.29 Surrender and return of license.—
1971 (2)(a) The provisions of subsection (1) to the contrary
1972 notwithstanding, no examination is required for the return of a
1973 license suspended under s. 318.15 or s. 322.245 unless an
1974 examination is otherwise required by this chapter. Every person
1975 applying for the return of a license suspended under s. 318.15
1976 or s. 322.245 shall present to the department certification from
1977 the court that he or she has complied with all obligations and
1978 penalties imposed on him or her pursuant to s. 318.15 or, in the
1979 case of a suspension pursuant to s. 322.245, that he or she has
1980 complied with all directives of the court and the requirements
1981 of s. 322.245 and shall pay to the department a nonrefundable
1982 service fee of $60 $47.50, of which $37.50 shall be deposited
1983 into the General Revenue Fund and $22.50 $10 shall be deposited
1984 into the Highway Safety Operating Trust Fund. If reinstated by
1985 the clerk of the court or tax collector, $37.50 shall be
1986 retained and $22.50 $10 shall be remitted to the Department of
1987 Revenue for deposit into the Highway Safety Operating Trust
1988 Fund. However, the service fee is not required if the person is
1989 required to pay a $45 $35 fee or $75 $60 fee under the
1990 provisions of s. 322.21.
1991 (b) A private entity providing services licensed under this
1992 section may not provide supervision services listed in s.
1993 948.15.
1994 Section 55. Effective July 1, 2009, section 322.293,
1995 Florida Statutes, is amended to read:
1996 322.293 DUI programs Coordination Trust Fund; assessment;
1997 disposition.—
1998 (1) The DUI programs Coordination Trust Fund shall be
1999 administered by the department, and the costs of administration
2000 shall be borne by the collections of revenue provided in this
2001 section the fund. All funds received by the department DUI
2002 Programs Coordination Trust Fund shall be used solely for the
2003 purposes set forth in this chapter and for the general
2004 operations of the department section and s. 322.292. However, if
2005 the Legislature passes legislation consolidating existing trust
2006 funds assigned to the department, all funds remaining in and
2007 deposited to the DUI Programs Coordination Trust Fund shall be
2008 transferred to the consolidated trust funds, subject to their
2009 being earmarked for use solely for the purposes set forth in
2010 this section and s. 322.292.
2011 (2) Each DUI program shall assess $12 against each person
2012 enrolling in a DUI program at the time of enrollment, including
2013 persons who transfer to or from a program in another state. In
2014 addition, second and third offenders and those offenders under
2015 permanent driver’s-license revocation who are evaluated for
2016 eligibility for license restrictions under s. 322.271(2)(b) and
2017 (4) shall be assessed $12 upon enrollment in the program and
2018 upon each subsequent anniversary date while they are in the
2019 program, for the duration of the license period.
2020 (3) All assessments collected under this section shall be
2021 deposited in the Highway Safety Operating forwarded to the DUI
2022 Programs Coordination Trust Fund within 30 days after the last
2023 day of the month in which the assessment was received.
2024 Section 56. Except as otherwise expressly provided in this
2025 act and except for this section, which shall take effect July 1,
2026 2009, this act shall take effect September 1, 2009.