CS for CS for SB 1778 First Engrossed
20091778e1
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; amending s.
131 322.292, F.S.; prohibiting a private probation
132 services provider from referring probationers to any
133 DUI program owned in whole or in part by that
134 probation services provider or its affiliates;
135 requiring that the Department of Highway Safety and
136 Motor Vehicles adopt rules; amending s. 322.293, F.S.,
137 relating to the DUI Programs Coordination Trust Fund;
138 conforming provisions to changes made by the act;
139 providing effective dates.
140
141 Be It Enacted by the Legislature of the State of Florida:
142
143 Section 1. (1) The DUI Programs Coordination Trust Fund
144 within the Department of Highway Safety and Motor Vehicles,
145 FLAIR number 76-2-172, is terminated.
146 (2) All current balances remaining in, and all revenues of,
147 the trust fund shall be transferred to the Highway Safety
148 Operating Trust Fund within the Department of Highway Safety and
149 Motor Vehicles, FLAIR number 76-2-009.
150 (3) The Department of Highway Safety and Motor Vehicles
151 shall pay any outstanding debts and obligations of the
152 terminated trust fund, as soon as practicable. The Chief
153 Financial Officer shall close out and remove the terminated fund
154 from the various state accounting systems using generally
155 accepted accounting principles concerning warrants outstanding,
156 assets, and liabilities.
157 Section 2. Paragraph (c) of subsection (3) of section
158 17.61, Florida Statutes, is amended to read:
159 17.61 Chief Financial Officer; powers and duties in the
160 investment of certain funds.—
161 (3)
162 (c) Except as provided in this paragraph and except for
163 moneys described in paragraph (d), the following agencies shall
164 not invest trust fund moneys as provided in this section, but
165 shall retain such moneys in their respective trust funds for
166 investment, with interest appropriated to the General Revenue
167 Fund, pursuant to s. 17.57:
168 1. The Agency for Health Care Administration, except for
169 the Tobacco Settlement Trust Fund.
170 2. The Agency for Persons with Disabilities, except for:
171 a. The Federal Grants Trust Fund.
172 b. The Tobacco Settlement Trust Fund.
173 3. The Department of Children and Family Services, except
174 for:
175 a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
176 b. The Social Services Block Grant Trust Fund.
177 c. The Tobacco Settlement Trust Fund.
178 d. The Working Capital Trust Fund.
179 4. The Department of Community Affairs, only for the
180 Operating Trust Fund.
181 5. The Department of Corrections.
182 6. The Department of Elderly Affairs, except for:
183 a. The Federal Grants Trust Fund.
184 b. The Tobacco Settlement Trust Fund.
185 7. The Department of Health, except for:
186 a. The Federal Grants Trust Fund.
187 b. The Grants and Donations Trust Fund.
188 c. The Maternal and Child Health Block Grant Trust Fund.
189 d. The Tobacco Settlement Trust Fund.
190 8. The Department of Highway Safety and Motor Vehicles,
191 only for:
192 a. The DUI Programs Coordination Trust Fund.
193 b. the Security Deposits Trust Fund.
194 9. The Department of Juvenile Justice.
195 10. The Department of Law Enforcement.
196 11. The Department of Legal Affairs.
197 12. The Department of State, only for:
198 a. The Grants and Donations Trust Fund.
199 b. The Records Management Trust Fund.
200 13. The Executive Office of the Governor, only for:
201 a. The Economic Development Transportation Trust Fund.
202 b. The Economic Development Trust Fund.
203 14. The Florida Public Service Commission, only for the
204 Florida Public Service Regulatory Trust Fund.
205 15. The Justice Administrative Commission.
206 16. The state courts system.
207 Section 3. Paragraphs (m) through (x) of subsection (4) of
208 section 215.20, Florida Statutes, are amended to read:
209 215.20 Certain income and certain trust funds to contribute
210 to the General Revenue Fund.—
211 (4) The income of a revenue nature deposited in the
212 following described trust funds, by whatever name designated, is
213 that from which the appropriations authorized by subsection (3)
214 shall be made:
215 (m) Within the Department of Highway Safety and Motor
216 Vehicles, the DUI Programs Coordination Trust Fund.
217 (m)(n) Within the Department of Legal Affairs, the Crimes
218 Compensation Trust Fund.
219 (n)(o) Within the Department of Management Services:
220 1. The Administrative Trust Fund.
221 2. The Architects Incidental Trust Fund.
222 3. The Bureau of Aircraft Trust Fund.
223 4. The Florida Facilities Pool Working Capital Trust Fund.
224 5. The Grants and Donations Trust Fund.
225 6. The Police and Firefighters’ Premium Tax Trust Fund.
226 7. The Public Employees Relations Commission Trust Fund.
227 8. The State Personnel System Trust Fund.
228 9. The Supervision Trust Fund.
229 10. The Working Capital Trust Fund.
230 (o)(p) Within the Department of Revenue:
231 1. The Additional Court Cost Clearing Trust Fund.
232 2. The Administrative Trust Fund.
233 3. The Certification Program Trust Fund.
234 4. The Fuel Tax Collection Trust Fund.
235 5. The Local Alternative Fuel User Fee Clearing Trust Fund.
236 6. The Local Option Fuel Tax Trust Fund.
237 7. The Motor Vehicle Rental Surcharge Clearing Trust Fund.
238 8. The Motor Vehicle Warranty Trust Fund.
239 9. The Oil and Gas Tax Trust Fund.
240 10. The Operations Trust Fund.
241 11. The Severance Tax Solid Mineral Trust Fund.
242 12. The State Alternative Fuel User Fee Clearing Trust
243 Fund.
244 13. All taxes levied on motor fuels other than gasoline
245 levied pursuant to the provisions of s. 206.87(1)(a).
246 (p)(q) Within the Department of State:
247 1. The Records Management Trust Fund.
248 2. The trust funds administered by the Division of
249 Historical Resources.
250 (q)(r) Within the Department of Transportation, all income
251 derived from outdoor advertising and overweight violations which
252 is deposited in the State Transportation Trust Fund.
253 (r)(s) Within the Department of Veterans’ Affairs:
254 1. The Grants and Donations Trust Fund.
255 2. The Operations and Maintenance Trust Fund.
256 3. The State Homes for Veterans Trust Fund.
257 (s)(t) Within the Division of Administrative Hearings, the
258 Administrative Trust Fund.
259 (t)(u) Within the Fish and Wildlife Conservation
260 Commission:
261 1. The Conservation and Recreation Lands Program Trust
262 Fund.
263 2. The Florida Panther Research and Management Trust Fund.
264 3. The Land Acquisition Trust Fund.
265 4. The Marine Resources Conservation Trust Fund, with the
266 exception of those fees collected for recreational saltwater
267 fishing licenses as provided in s. 379.354.
268 (u)(v) Within the Florida Public Service Commission, the
269 Florida Public Service Regulatory Trust Fund.
270 (v)(w) Within the Justice Administrative Commission, the
271 Indigent Criminal Defense Trust Fund.
272 (w)(x) Within the Office of Financial Regulation of the
273 Financial Services Commission:
274 1. The Administrative Trust Fund.
275 2. The Anti-Fraud Trust Fund.
276 3. The Financial Institutions’ Regulatory Trust Fund.
277 4. The Regulatory Trust Fund.
278
279 The enumeration of the foregoing moneys or trust funds shall not
280 prohibit the applicability of s. 215.24 should the Governor
281 determine that for the reasons mentioned in s. 215.24 the money
282 or trust funds should be exempt herefrom, as it is the purpose
283 of this law to exempt income from its force and effect when, by
284 the operation of this law, federal matching funds or
285 contributions or private grants to any trust fund would be lost
286 to the state.
287 Section 4. Subsection (4) of section 316.066, Florida
288 Statutes, is amended to read:
289 316.066 Written reports of crashes.—
290 (4)(a) One or more counties may enter into an agreement
291 with the appropriate state agency to be certified by the agency
292 to have a traffic records center for the purpose of tabulating
293 and analyzing countywide traffic crash reports. The agreement
294 must include: certification by the agency that the center has
295 adequate auditing and monitoring mechanisms in place to ensure
296 the quality and accuracy of the data; the time period in which
297 the traffic records center must report crash data to the agency;
298 and the medium in which the traffic records must be submitted to
299 the agency.
300 (b) In the case of a county or multicounty area that has a
301 certified central traffic records center, a law enforcement
302 agency or driver must submit to the center within the time limit
303 prescribed in this section a written report of the crash. A
304 driver who is required to file a crash report must be notified
305 of the proper place to submit the completed report.
306 (c) Fees for copies of public records provided by a
307 certified traffic records center shall be charged and collected
308 as follows:
309
310 For a crash report.......................$10 $2 per copy.
311 For a homicide report.......................$25 per copy.
312 For a uniform traffic citation............$0.50 per copy.
313
314 The fees collected for copies of the public records provided by
315 a certified traffic records center shall be used to fund the
316 center or otherwise as designated by the county or counties
317 participating in the center.
318 Section 5. Subsection (1) of section 316.605, Florida
319 Statutes, is amended to read:
320 316.605 Licensing of vehicles.—
321 (1) Every vehicle, at all times while driven, stopped, or
322 parked upon any highways, roads, or streets of this state, shall
323 be licensed in the name of the owner thereof in accordance with
324 the laws of this state unless such vehicle is not required by
325 the laws of this state to be licensed in this state and shall,
326 except as otherwise provided in s. 320.0706 for front-end
327 registration license plates on truck tractors and s. 320.086(5)
328 which exempts display of license plates on described former
329 military vehicles, display the license plate or both of the
330 license plates assigned to it by the state, one on the rear and,
331 if two, the other on the front of the vehicle, each to be
332 securely fastened to the vehicle outside the main body of the
333 vehicle not higher than 60 inches and not lower than 12 inches
334 from the ground and no more than 24 inches to the left or right
335 of the centerline of the vehicle, and in such manner as to
336 prevent the plates from swinging, and all letters, numerals,
337 printing, writing, and other identification marks upon the
338 plates regarding the word “Florida,” the registration decal, and
339 the alphanumeric designation shall be clear and distinct and
340 free from defacement, mutilation, grease, and other obscuring
341 matter, so that they will be plainly visible and legible at all
342 times 100 feet from the rear or front. Vehicle license plates
343 shall be affixed and displayed in such a manner that the letters
344 and numerals shall be read from left to right parallel to the
345 ground. No vehicle license plate may be displayed in an inverted
346 or reversed position or in such a manner that the letters and
347 numbers and their proper sequence are not readily identifiable.
348 Nothing shall be placed upon the face of a Florida plate except
349 as permitted by law or by rule or regulation of a governmental
350 agency. No license plates other than those furnished by the
351 state shall be used. However, if the vehicle is not required to
352 be licensed in this state, the license plates on such vehicle
353 issued by another state, by a territory, possession, or district
354 of the United States, or by a foreign country, substantially
355 complying with the provisions hereof, shall be considered as
356 complying with this chapter. A violation of this subsection is a
357 noncriminal traffic infraction, punishable as a nonmoving
358 violation as provided in chapter 318.
359 Section 6. Subsection (2) of section 318.15, Florida
360 Statutes, is amended to read:
361 318.15 Failure to comply with civil penalty or to appear;
362 penalty.—
363 (2) After suspension of the driver’s license and privilege
364 to drive of a person under subsection (1), the license and
365 privilege may not be reinstated until the person complies with
366 all obligations and penalties imposed on him or her under s.
367 318.18 and presents to a driver license office a certificate of
368 compliance issued by the court, together with a nonrefundable
369 service charge of up to $60 $47.50 imposed under s. 322.29, or
370 presents a certificate of compliance and pays the aforementioned
371 service charge of up to $47.50 to the clerk of the court or a
372 driver licensing agent authorized in s. 322.135 clearing such
373 suspension. Of the charge collected by the clerk of the court or
374 driver licensing agent, $22.50 $10 shall be remitted to the
375 Department of Revenue to be deposited into the Highway Safety
376 Operating Trust Fund. Such person shall also be in compliance
377 with requirements of chapter 322 prior to reinstatement.
378 Section 7. Subsection (6) of section 319.23, Florida
379 Statutes, is amended to read:
380 319.23 Application for, and issuance of, certificate of
381 title.—
382 (6) In the case of the sale of a motor vehicle or mobile
383 home by a licensed dealer to a general purchaser, the
384 certificate of title shall be obtained in the name of the
385 purchaser by the dealer upon application signed by the
386 purchaser, and in each other case such certificate shall be
387 obtained by the purchaser. In each case of transfer of a motor
388 vehicle or mobile home, the application for certificate of
389 title, or corrected certificate, or assignment or reassignment,
390 shall be filed within 30 days from the delivery of such motor
391 vehicle or mobile home to the purchaser. An applicant shall be
392 required to pay a fee of $15 $10, in addition to all other fees
393 and penalties required by law, for failing to file such
394 application within the specified time. When a licensed dealer
395 acquires a motor vehicle or mobile home as a trade-in, the
396 dealer must file with the department, within 30 days, a notice
397 of sale signed by the seller. The department shall update its
398 database for that title record to indicate “sold.” A licensed
399 dealer need not apply for a certificate of title for any motor
400 vehicle or mobile home in stock acquired for stock purposes
401 except as provided in s. 319.225.
402 Section 8. Section 319.32, Florida Statutes, is amended to
403 read:
404 319.32 Fees; service charges; disposition.—
405 (1) The department shall charge a fee of $40 $24 for each
406 original certificate of title except for a certificate of title
407 for a motor vehicle for hire registered under s. 320.08(6), for
408 which the title fee shall be $19 $3, $40 $24 for each duplicate
409 copy of a certificate of title except for a certificate of title
410 for a motor vehicle for hire registered under s. 320.08(6), for
411 which the title fee shall be $19 $3, $2 for each salvage
412 certificate of title, and $3 for each assignment by a
413 lienholder. It shall also charge a fee of $2 for noting a lien
414 on a title certificate, which fee shall include the services for
415 the subsequent issuance of a corrected certificate or
416 cancellation of lien when that lien is satisfied. If an
417 application for a certificate of title is for a vehicle that is
418 required to have a physical examination as provided in s.
419 319.14(1)(b) for a rebuilt vehicle, the department shall charge
420 an additional fee of $40 for each initial inspection and $20 for
421 each subsequent inspection. The initial inspection fee shall be
422 deposited into the General Revenue Fund and the subsequent
423 inspection fee shall be deposited into the Highway Safety
424 Operating Trust Fund. A physical examination of a vehicle must
425 include, but need not be limited to, verification of the vehicle
426 identification number and verification of the bill of sale or
427 title for major components conducting a physical examination of
428 the vehicle to assure its identity. In addition to all other
429 fees charged, a sum of $1 shall be paid for the issuance of an
430 original or duplicate certificate of title to cover the cost of
431 materials used for security purposes.
432 Section 9. Section 319.323, Florida Statutes, is amended to
433 read:
434 319.323 Expedited service; applications; fees.—The
435 department shall establish a separate title office which may be
436 utilized by private citizens and licensed motor vehicle dealers
437 to receive expedited service on title transfers, title
438 issuances, duplicate titles, and recordation of liens, and
439 certificates of repossession. A fee of $10 $7 shall be charged
440 for this service, which fee is in addition to the fees imposed
441 by s. 319.32. Application for such expedited service may be made
442 by mail or in person. The department shall issue each title
443 applied for pursuant to this section within 5 working days after
444 receipt of the application except for an application for a
445 duplicate title certificate covered by s. 319.23(4), in which
446 case the title must be issued within 5 working days after
447 compliance with the department’s verification requirements.
448 Section 10. Subsection (1) of section 319.324, Florida
449 Statutes, is amended to read:
450 319.324 Odometer fraud prevention and detection; funding.—
451 (1) Moneys received by the department pursuant to s.
452 319.32(1) in the amount of $1 for each original certificate of
453 title, each duplicate copy of a certificate of title, and each
454 assignment by a lienholder shall be deposited into the Highway
455 Safety Operating Trust Fund. There shall also be deposited into
456 the fund moneys received by the department pursuant to s.
457 319.323 in the amount of $5 $2 for each expedited service
458 performed by the department for which a fee is assessed.
459 Section 11. Subsection (5) of section 319.33, Florida
460 Statutes, is amended to read:
461 319.33 Offenses involving vehicle identification numbers,
462 applications, certificates, papers; penalty.—
463 (5) It is unlawful for any person, firm, or corporation to
464 knowingly possess, manufacture, sell or exchange, offer to sell
465 or exchange, supply in blank, or give away any counterfeit
466 manufacturer’s or state-assigned identification number plates or
467 serial plates or any decal used for the purpose of
468 identification of any motor vehicle; or for any officer, agent,
469 or employee of any person, firm, or corporation, or any person
470 who shall authorize, direct, aid in exchange, or give away such
471 counterfeit manufacturer’s or state-assigned identification
472 number plates or serial plates or any decal; or conspire to do
473 any of the foregoing. However, nothing in this subsection shall
474 be applicable to any approved replacement manufacturer’s or
475 state-assigned identification number plates or serial plates or
476 any decal issued by the department or any state.
477 Section 12. Section 319.34, Florida Statutes, is amended to
478 read:
479 319.34 Transfer without delivery of certificate; operation
480 or use without certificate; failure to surrender; other
481 violations.—Whoever, except as otherwise provided for in this
482 chapter, purports to sell or transfer a motor vehicle or mobile
483 home without delivering to the purchaser or transferee thereof a
484 certificate of title thereto duly assigned to such purchaser as
485 provided in this chapter or operates or uses in this state a
486 motor vehicle or mobile home for which a certificate of title is
487 required without such certificate having been obtained in
488 accordance with the provisions of this chapter, or upon which
489 the certificate of title has been canceled; whoever fails to
490 surrender any certificate of title, certificate of registration,
491 or license plate, or sticker upon cancellation of the same by
492 the department and notice thereof as prescribed in this chapter;
493 whoever fails to surrender the certificate of title to the
494 department as provided in this chapter in case of the
495 destruction or dismantling or change of a motor vehicle or
496 mobile home in such respect that it is not the motor vehicle or
497 mobile home described in the certificate of title; or whoever
498 violates any of the other provisions of this chapter, or any
499 lawful rule adopted pursuant to the provisions of this chapter,
500 shall be fined not more than $500 or imprisoned for not more
501 than 6 months, or both, for each offense.
502 Section 13. Paragraph (b) of subsection (16) of section
503 320.02, Florida Statutes, is amended to read:
504 320.02 Registration required; application for registration;
505 forms.—
506 (16) The department is authorized to withhold registration
507 or re-registration of a motor vehicle if the name of the owner
508 or of a coowner appears on a list submitted to the department by
509 a licensed motor vehicle dealer for a previous registration of
510 that vehicle. The motor vehicle dealer must maintain signed
511 evidence that the owner or coowner acknowledged the dealer’s
512 authority to submit the list to the department if he or she
513 failed to pay and must note the amount for which the owner or
514 coowner would be responsible for the vehicle registration. The
515 dealer must maintain the necessary documentation required in
516 this subsection or face penalties as provided in s. 320.27. This
517 subsection does not affect the issuance of a title to a motor
518 vehicle.
519 (b) If the registered owner’s dispute complies with
520 paragraph (a), the department shall immediately remove the motor
521 vehicle owner or coowner’s name from the list, thereby allowing
522 the issuance of a license plate or revalidation sticker.
523 Section 14. Paragraph (c) of subsection (5) of section
524 320.023, Florida Statutes, is amended to read:
525 320.023 Requests to establish voluntary checkoff on motor
526 vehicle registration application.—
527 (5) A voluntary contribution collected and distributed
528 under this chapter, or any interest earned from those
529 contributions, may not be used for commercial or for-profit
530 activities nor for general or administrative expenses, except as
531 authorized by law.
532 (c) Any voluntary contributions authorized by law must be
533 deposited into and distributed from the Motor Vehicle License
534 Clearing Trust Fund to the recipients specified in this chapter
535 shall only be distributed to an organization under an
536 appropriation by the Legislature.
537 Section 15. Subsection (1) of section 320.025, Florida
538 Statutes, is amended to read:
539 320.025 Registration certificate and license plate or decal
540 issued under fictitious name; application.—
541 (1) A confidential registration certificate and
542 registration license plate or decal shall be issued under a
543 fictitious name only for a motor vehicle or vessel owned or
544 operated by a law enforcement agency of state, county,
545 municipal, or federal government, the Attorney General’s
546 Medicaid Fraud Control Unit, or any state public defender’s
547 office. The requesting agency shall file a written application
548 with the department on forms furnished by the department, which
549 includes a statement that the license plate or decal will be
550 used for the Attorney General’s Medicaid Fraud Control Unit or
551 law enforcement or any state public defender’s office activities
552 requiring concealment of publicly leased or owned motor vehicles
553 or vessels and a statement of the position classifications of
554 the individuals who are authorized to use the license plate or
555 decal. The department may modify its records to reflect the
556 fictitious identity of the owner or lessee until such time as
557 the license plate or decal and registration certificate are
558 surrendered to it.
559 Section 16. Subsections (1), (2), (3), (5), and (8) of
560 section 320.03, Florida Statutes, are amended to read:
561 320.03 Registration; duties of tax collectors;
562 International Registration Plan.—
563 (1) The tax collectors in the several counties of the
564 state, as authorized agents of the department, shall issue
565 registration certificates, registration license plates,
566 validation stickers, and mobile home decals stickers to
567 applicants, subject to the requirements of law, in accordance
568 with rules of the department. Any person, firm, or corporation
569 representing itself, through advertising or naming of the
570 business, to be an authorized agent of the department shall be
571 deemed guilty of an unfair and deceptive trade practice as
572 defined in part II of chapter 501. No such person, firm, or
573 corporation shall use either the state or county name as a part
574 of their business name when such use can reasonably be
575 interpreted as an official state or county office.
576 (2) The department may require each tax collector to give a
577 bond, payable to the department, conditioned that the tax
578 collector faithfully and truly perform the duties imposed upon
579 him or her according to the requirements of law and the rules
580 and regulations of the department and that the tax collector pay
581 over and account for all validation stickers, records, and other
582 property and money that comes into his or her possession or
583 control by reason of such service. The amount of the bond is to
584 be determined by the department based on an amount not more than
585 10 percent above the average of the daily deposits of each tax
586 collector.
587 (3) Each tax collector shall keep a full and complete
588 record and account of all validation stickers, mobile home
589 decals stickers, or other properties received by him or her from
590 the department, or from any other source. Notwithstanding
591 chapter 116, every county officer within this state authorized
592 to collect funds provided for in this chapter shall pay all sums
593 officially received by the officer into the State Treasury no
594 later than 5 working days after the close of the business day in
595 which the officer received the funds. Payment by county officers
596 to the state shall be made by means of electronic funds
597 transfer.
598 (5) A fee of $1 50 cents shall be charged, in addition to
599 the fees required under s. 320.08, on every license registration
600 sold to cover the costs of the Florida Real Time Vehicle
601 Information System. The fees collected hereunder shall be
602 distributed as follows: 50 25 cents into the Highway Safety
603 Operating Trust Fund shall be used to fund the Florida Real Time
604 Vehicle Information System and may be used to fund the general
605 operations of the department and 50 25 cents into the Highway
606 Safety Operating Trust Fund to be used exclusively to fund the
607 Florida Real Time Vehicle Information System. The only use of
608 this latter portion of the fee shall be to fund the Florida Real
609 Time Vehicle Information System equipment, software, personnel
610 associated with the maintenance and programming of the system,
611 and networks used in the offices of the county tax collectors as
612 agents of the department and the ancillary technology necessary
613 to integrate the Florida Real Time Vehicle Information System
614 with other tax collection systems. The department shall
615 administer this program upon consultation with the Florida Tax
616 Collectors, Inc., to ensure that each county tax collector’s
617 office will be technologically equipped and functional for the
618 operation of the Florida Real Time Vehicle Information System.
619 Any of the designated revenue collected to support functions of
620 the county tax collectors and not used in a given year will
621 remain exclusively in the trust fund as a carryover to the
622 following year.
623 (8) If the applicant’s name appears on the list referred to
624 in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
625 plate or revalidation sticker may not be issued until that
626 person’s name no longer appears on the list or until the person
627 presents a receipt from the clerk showing that the fines
628 outstanding have been paid. This subsection does not apply to
629 the owner of a leased vehicle if the vehicle is registered in
630 the name of the lessee of the vehicle. The tax collector and the
631 clerk of the court are each entitled to receive monthly, as
632 costs for implementing and administering this subsection, 10
633 percent of the civil penalties and fines recovered from such
634 persons. As used in this subsection, the term “civil penalties
635 and fines” does not include a wrecker operator’s lien as
636 described in s. 713.78(13). If the tax collector has private tag
637 agents, such tag agents are entitled to receive a pro rata share
638 of the amount paid to the tax collector, based upon the
639 percentage of license plates and revalidation stickers issued by
640 the tag agent compared to the total issued within the county.
641 The authority of any private agent to issue license plates shall
642 be revoked, after notice and a hearing as provided in chapter
643 120, if he or she issues any license plate or revalidation
644 sticker contrary to the provisions of this subsection. This
645 section applies only to the annual renewal in the owner’s birth
646 month of a motor vehicle registration and does not apply to the
647 transfer of a registration of a motor vehicle sold by a motor
648 vehicle dealer licensed under this chapter, except for the
649 transfer of registrations which is inclusive of the annual
650 renewals. This section does not affect the issuance of the title
651 to a motor vehicle, notwithstanding s. 319.23(7)(b).
652 Section 17. Section 320.031, Florida Statutes, is amended
653 to read:
654 320.031 Mailing of registration certificates and, license
655 plates, and validation stickers.—
656 (1) The department and the tax collectors of the several
657 counties of the state may at the request of the applicant use
658 United States mail service to deliver registration certificates
659 and renewals thereof, license plates, and mobile home decals
660 stickers, and validation stickers to applicants.
661 (2) A mail service charge may be collected for each
662 registration certificate, license plate, and mobile home decal
663 sticker, and validation sticker mailed by the department or any
664 tax collector. Each registration certificate, license plate, and
665 mobile home decal sticker, and validation sticker shall be
666 mailed by first-class mail unless otherwise requested by the
667 applicant. The amount of the mail service charge shall be the
668 actual postage required, rounded to the nearest 5 cents, plus a
669 25-cent handling charge. The mail service charge is in addition
670 to the service charge provided by s. 320.04. All charges
671 collected by the department under this section shall be
672 deposited into the Highway Safety Operating Trust Fund.
673 Section 18. Paragraph (a) of subsection (1) of section
674 320.04, Florida Statutes, is amended to read:
675 320.04 Registration service charge.—
676 (1)(a) There shall be a service charge of $2.50 for each
677 application that which is handled in connection with original
678 issuance, duplicate issuance, or transfer of any license plate
679 or, mobile home decal sticker, or validation sticker or with
680 transfer or duplicate issuance of any registration certificate.
681 There shall may also be a service charge of $3, $2 of which
682 shall be deposited into the General Revenue Fund and $1 of which
683 shall be deposited into the Highway Safety Operating Trust Fund,
684 up to $1 for the issuance of each vehicle, vessel, or mobile
685 home registration receipt license plate validation sticker,
686 vessel decal, and mobile home sticker issued from an automated
687 vending facility or printer dispenser machine which shall be
688 payable to and retained by the department to provide for
689 automated vending facilities or printer dispenser machines used
690 to dispense such stickers and decals by each tax collector’s or
691 license tag agent’s employee.
692 Section 19. Paragraphs (b) and (e) of subsection (3) of
693 section 320.05, Florida Statutes, are amended to read:
694 320.05 Records of the department; inspection procedure;
695 lists and searches; fees.—
696 (3)
697 (b) Fees therefor shall be charged and collected as
698 follows:
699 1. For providing lists of motor vehicle or vessel records
700 for the entire state, or any part or parts thereof, divided
701 according to counties, a sum computed at a rate of not less than
702 1 cent nor more than 5 cents per item.
703 2. For providing noncertified photographic copies of motor
704 vehicle or vessel documents, $1 per page.
705 3. For providing noncertified photographic copies of
706 micrographic records, $1 per page.
707 4. For providing certified copies of motor vehicle or
708 vessel records, $3 per record.
709 5. For providing noncertified computer-generated printouts
710 of motor vehicle or vessel records, 50 cents per record.
711 6. For providing certified computer-generated printouts of
712 motor vehicle or vessel records, $3 per record.
713 7. For providing electronic access to motor vehicle,
714 vessel, and mobile home registration data requested by tag,
715 vehicle identification number, title number, or vessel or mobile
716 home decal number, 50 cents per item.
717 8. For providing electronic access to driver’s license
718 status report by name, sex, and date of birth or by driver
719 license number, 50 cents per item.
720 9. For providing lists of licensed mobile home dealers and
721 manufacturers and recreational vehicle dealers and
722 manufacturers, $15 per list.
723 10. For providing lists of licensed motor vehicle dealers,
724 $25 per list.
725 11. For each copy of a videotape record, $15 per tape.
726 12. For each copy of the Division of Motor Vehicles
727 Procedures Manual, $25.
728 (e) When motor vehicle, vessel, or mobile home registration
729 data is provided by electronic access through a tax collector’s
730 office, the applicable fee as provided in paragraph (b) must be
731 collected and deposited pursuant to paragraph (c) a fee for the
732 electronic access is not required to be assessed. However, at
733 the tax collector’s discretion, a fee equal to or less than the
734 fee charged by the department for such information may be
735 assessed by the tax collector for the electronic access.
736 Notwithstanding paragraph (c), any funds collected by the tax
737 collector as a result of providing such access shall be retained
738 by the tax collector.
739 Section 20. Paragraph (c) of subsection (1) of section
740 320.055, Florida Statutes, is amended to read:
741 320.055 Registration periods; renewal periods.—The
742 following registration periods and renewal periods are
743 established:
744 (1)
745 (c) Notwithstanding the requirements of paragraph (a), the
746 owner of a motor vehicle subject to paragraph (a) who has had
747 his or her driver’s license suspended pursuant to a violation of
748 s. 316.193 or pursuant to s. 322.26(2) for driving under the
749 influence must obtain a 6-month registration as a condition of
750 reinstating the license, subject to renewal during the 3-year
751 period that financial responsibility requirements apply. The
752 registration period begins the first day of the birth month of
753 the owner and ends the last day of the fifth month immediately
754 following the owner’s birth month. For such vehicles, the
755 department shall issue a vehicle registration certificate that
756 is valid for 6 months and shall issue a validation sticker that
757 displays an expiration date of 6 months after the date of
758 issuance. The license tax required by s. 320.08 and all other
759 applicable license taxes shall be one-half of the amount
760 otherwise required, except the service charge required by s.
761 320.04 shall be paid in full for each 6-month registration. A
762 vehicle required to be registered under this paragraph is not
763 eligible for the extended registration period under paragraph
764 (b).
765 Section 21. Section 320.06, Florida Statutes, as amended by
766 section 2 of chapter 2009-14, Laws of Florida, is amended to
767 read:
768 320.06 Registration certificates and, license plates, and
769 validation stickers generally.—
770 (1)(a) Upon the receipt of an initial application for
771 registration and payment of the appropriate license tax and
772 other fees required by law, the department shall assign to the
773 motor vehicle a registration license number consisting of
774 letters and numerals or numerals and issue to the owner or
775 lessee a certificate of registration and one registration
776 license plate, unless two plates are required for display by s.
777 320.0706, for each vehicle so registered.
778 (b) Registration license plates bearing a graphic symbol
779 and the alphanumeric system of identification shall be issued
780 for a 10-year 6-year period. At the end of that 10-year 6-year
781 period, upon renewal, the plate shall be replaced. The
782 department shall extend the scheduled license plate replacement
783 date to the 10-year period. The department shall stagger the
784 implementation of the 6-year license plate replacement cycle.
785 The fee for such replacement is $25 $12, $2.50 $2 of which shall
786 be paid each year before the plate is replaced, to be credited
787 towards the next $25 $12 replacement fee. The fees shall be
788 deposited into the Highway Safety Operating Trust Fund. A credit
789 or refund may shall not be given for any prior years’ payments
790 of such prorated replacement fee if the plate is replaced or
791 surrendered before the end of the 10-year 6-year period, except
792 that a credit may be given when a registrant is required by the
793 department to replace a license plate under s. 320.08056(8)(a).
794 With each license plate, there shall be issued a validation
795 sticker showing the owner’s birth month, license plate number,
796 and the year of expiration or the appropriate renewal period if
797 the owner is not a natural person. The validation sticker shall
798 be placed on the upper right corner of the license plate. Such
799 license plate and validation sticker shall be issued based on
800 the applicant’s appropriate renewal period. The registration
801 period is a period of 12 months, the extended registration
802 period is a period of 24 months, and all expirations shall occur
803 based on the applicant’s appropriate registration period. A
804 vehicle with an apportioned registration shall be issued an
805 annual license plate and a cab card that denote the declared
806 gross vehicle weight for each apportioned jurisdiction in which
807 the vehicle is authorized to operate.
808 (c) Registration license plates equipped with validation
809 stickers subject to the registration period are valid for not
810 more than 12 months and expire at midnight on the last day of
811 the registration period. A registration license plate equipped
812 with a validation sticker subject to the extended registration
813 period is valid for not more than 24 months and expires at
814 midnight on the last day of the extended registration period.
815 For each registration period after the one in which the metal
816 registration license plate is issued, and until the license
817 plate is required to be replaced, a validation sticker showing
818 the month and year of expiration shall be issued upon payment of
819 the proper license tax amount and fees and is valid for not more
820 than 12 months. For each extended registration period occurring
821 after the one in which the metal registration license plate is
822 issued and until the license plate is required to be replaced, a
823 validation sticker showing the year of expiration shall be
824 issued upon payment of the proper license tax amount and fees
825 and is valid for not more than 24 months. When license plates
826 equipped with validation stickers are issued in any month other
827 than the owner’s birth month or the designated registration
828 period for any other motor vehicle, the effective date shall
829 reflect the birth month or month and the year of renewal.
830 However, when a license plate or validation sticker is issued
831 for a period of less than 12 months, the applicant shall pay the
832 appropriate amount of license tax and the applicable fee under
833 s. 320.14 in addition to all other fees. Validation stickers
834 issued for vehicles taxed under s. 320.08(6)(a), for any company
835 that owns 250 vehicles or more, or for semitrailers taxed under
836 the provisions of s. 320.08(5)(a), for any company that owns 50
837 vehicles or more, may be placed on any vehicle in the fleet so
838 long as the vehicle receiving the validation sticker has the
839 same owner’s name and address as the vehicle to which the
840 validation sticker was originally assigned.
841 (2) The department shall provide the several tax collectors
842 and license plate agents with the necessary number of validation
843 stickers.
844 (2)(3)(a) Registration license plates shall be of metal
845 specially treated with a retroreflective material, as specified
846 by the department. The registration license plate is designed to
847 increase nighttime visibility and legibility and shall be at
848 least 6 inches wide and not less than 12 inches in length,
849 unless a plate with reduced dimensions is deemed necessary by
850 the department to accommodate motorcycles, mopeds, or similar
851 smaller vehicles. Validation stickers shall be treated with a
852 retroreflective material, shall be of such size as specified by
853 the department, and shall adhere to the license plate. The
854 registration license plate shall be imprinted with a combination
855 of bold letters and numerals or numerals, not to exceed seven
856 digits, to identify the registration license plate number. The
857 license plate shall also be imprinted with the word “Florida” at
858 the top and the name of the county in which it is sold, the
859 state motto, or the words “Sunshine State” at the bottom.
860 Apportioned license plates shall have the word “Apportioned” at
861 the bottom and license plates issued for vehicles taxed under s.
862 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) shall have
863 the word “Restricted” at the bottom. License plates issued for
864 vehicles taxed under s. 320.08(12) must be imprinted with the
865 word “Florida” at the top and the word “Dealer” at the bottom.
866 Manufacturer license plates issued for vehicles taxed under s.
867 320.08(12) must be imprinted with the word “Florida” at the top
868 and the word “Manufacturer” at the bottom. License plates issued
869 for vehicles taxed under s. 320.08(5)(d) or (e) must be
870 imprinted with the word “Wrecker” at the bottom. Any county may,
871 upon majority vote of the county commission, elect to have the
872 county name removed from the license plates sold in that county.
873 The state motto or the words “Sunshine State” shall be printed
874 in lieu thereof. A license plate issued for a vehicle taxed
875 under s. 320.08(6) may not be assigned a registration license
876 number, or be issued with any other distinctive character or
877 designation, that distinguishes the motor vehicle as a for-hire
878 motor vehicle.
879 (b) A materials processing An additional fee of $2, $1.50
880 of which shall be deposited into the General Revenue Fund 50
881 cents shall be collected and 50 cents of which shall be
882 deposited into the Highway Safety Operating Trust Fund, is
883 imposed for on each motor vehicle registration or motor vehicle
884 renewal registration issued in this state in order that all
885 license plates and validation stickers be fully treated with
886 retroreflective material.
887 (3)(4) The corporation organized under chapter 946 may
888 manufacture license plates, validation stickers, and decals, as
889 well as temporary tags, disabled hang tags, vessel decals, and
890 fuel use decals, for the Department of Highway Safety and Motor
891 Vehicles as provided in this chapter and chapter 327. The
892 Department of Highway Safety and Motor Vehicles is not required
893 to obtain competitive bids in order to contract with the
894 corporation.
895 Section 22. Section 320.0607, Florida Statutes, are amended
896 to read:
897 320.0607 Replacement license plates, validation decal, or
898 mobile home decal sticker.—
899 (1) Any law enforcement officer or department license and
900 registration inspector may at any time inspect a license plate
901 or validation decal for proper display and legibility as
902 prescribed by chapter 316. A damaged or defaced plate or decal
903 may be required to be replaced.
904 (2) When a license plate or, mobile home decal sticker, or
905 validation decal has been lost, stolen, or destroyed, the owner
906 of the motor vehicle or mobile home for which the plate,
907 sticker, or decal was issued shall make application to the
908 department for a replacement. The application shall contain the
909 plate, sticker, or decal number being replaced and a statement
910 that the item was lost, stolen, or destroyed. If the application
911 includes a copy of the police report prepared in response to a
912 report of a stolen plate, sticker, or mobile home decal, such
913 plate, sticker, or mobile home decal must be replaced at no
914 charge.
915 (3) Except as provided in subsection (2), in all such
916 cases, upon filing of an application accompanied by a fee of $25
917 $10 plus applicable service charges, the department shall issue
918 a replacement plate, sticker, or mobile home decal as the case
919 may be if it is satisfied that the information reported in the
920 application is true. The replacement fee shall be deposited into
921 the Highway Safety Operating Trust Fund.
922 (4) Any license plate, sticker, or decal lost in the mail
923 may be replaced at no charge. Neither the service charge nor the
924 replacement fee shall be applied to this replacement. However,
925 the application for a replacement shall contain a statement of
926 such fact, the audit number of the lost item, and the date
927 issued.
928 (5) Upon the issuance of an original license plate, the
929 applicant shall pay a fee of $25 $10 to be deposited in the
930 Highway Safety Operating Trust Fund.
931 (6) All funds derived from the sale of temporary tags under
932 the provisions of s. 320.131 shall be deposited in the Highway
933 Safety Operating Trust Fund.
934 Section 23. Section 320.061, Florida Statutes, is amended
935 to read:
936 320.061 Unlawful to alter motor vehicle registration
937 certificates, license plates, mobile home decals stickers, or
938 validation stickers or to obscure license plates; penalty.—No
939 person shall alter the original appearance of any registration
940 license plate, mobile home decal sticker, validation sticker, or
941 vehicle registration certificate issued for and assigned to any
942 motor vehicle or mobile home, whether by mutilation, alteration,
943 defacement, or change of color or in any other manner. No person
944 shall apply or attach any substance, reflective matter,
945 illuminated device, spray, coating, covering, or other material
946 onto or around any license plate that interferes with the
947 legibility, angular visibility, or detectability of any feature
948 or detail on the license plate or interferes with the ability to
949 record any feature or detail on the license plate. Any person
950 who violates this section commits a misdemeanor of the second
951 degree, punishable as provided in s. 775.082 or s. 775.083.
952 Section 24. Subsection (3) of section 320.07, Florida
953 Statutes, is amended to read:
954 320.07 Expiration of registration; renewal required;
955 penalties.—
956 (3) The operation of any motor vehicle without having
957 attached thereto a registration license plate and validation
958 stickers, or the use of any mobile home without having attached
959 thereto a mobile home decal sticker, for the current
960 registration period shall subject the owner thereof, if he or
961 she is present, or, if the owner is not present, the operator
962 thereof to the following penalty provisions:
963 (a) Any person whose motor vehicle or mobile home
964 registration has been expired for a period of 6 months or less
965 commits a noncriminal traffic infraction, punishable as a
966 nonmoving violation as provided in chapter 318.
967 (b) Any person whose motor vehicle or mobile home
968 registration has been expired for more than 6 months, upon a
969 first offense, is subject to the penalty provided in s. 318.14.
970 (c) Any person whose motor vehicle or mobile home
971 registration has been expired for more than 6 months, upon a
972 second or subsequent offense, commits a misdemeanor of the
973 second degree, punishable as provided in s. 775.082 or s.
974 775.083.
975 (d) However, an operator shall not be charged with a
976 violation of this subsection if the operator can show, pursuant
977 to a valid lease agreement, that the vehicle had been leased for
978 a period of 30 days or less at the time of the offense.
979 (e) Any servicemember, as defined in s. 250.01, whose
980 mobile home registration expired while he or she was serving on
981 active duty or state active duty shall not be charged with a
982 violation of this subsection if, at the time of the offense, the
983 servicemember was serving on active duty or state active duty 35
984 miles or more from the mobile home. The servicemember must
985 present to the department either a copy of the official military
986 orders or a written verification signed by the servicemember’s
987 commanding officer to receive a waiver of charges.
988 (f) The owner of a leased motor vehicle is not responsible
989 for any penalty specified in this subsection if the motor
990 vehicle is registered in the name of the lessee of the motor
991 vehicle.
992 Section 25. Subsections (2) and (3) of section 320.071,
993 Florida Statutes, are amended to read:
994 320.071 Advance registration renewal; procedures.—
995 (2) Upon the filing of the application and payment of the
996 appropriate license tax under s. 320.08, service charges
997 required by s. 320.04, and any additional fees required by law,
998 the department or its agent shall issue to the owner of the
999 motor vehicle or mobile home a validation sticker or mobile home
1000 decal sticker, as appropriate, which, when affixed to the
1001 license plate or mobile home, shall renew the registration for
1002 the appropriate registration period.
1003 (3) Any person who uses a mobile home decal sticker or
1004 validation sticker without lawful authority or who willfully
1005 violates any rule of the department relating to this section is
1006 guilty of a misdemeanor of the second degree, punishable as
1007 provided in s. 775.082 or s. 775.083.
1008 Section 26. Subsections (1) through (9) and subsections
1009 (12) through (15) of section 320.08, Florida Statutes, as
1010 amended by section 3 of chapter 2009-14, Laws of Florida, are
1011 amended to read:
1012 320.08 License taxes.—Except as otherwise provided herein,
1013 there are hereby levied and imposed annual license taxes for the
1014 operation of motor vehicles, mopeds, motorized bicycles as
1015 defined in s. 316.003(2), and mobile homes, as defined in s.
1016 320.01, which shall be paid to and collected by the department
1017 or its agent upon the registration or renewal of registration of
1018 the following:
1019 (1) MOTORCYCLES AND MOPEDS.—
1020 (a) Any motorcycle: $11 $10 flat, $1 of which is deposited
1021 into the General Revenue Fund.
1022 (b) Any moped: $6 $5 flat, $1 of which is deposited into
1023 the General Revenue Fund.
1024 (c) Upon registration of any motorcycle, motor-driven
1025 cycle, or moped there shall be paid in addition to the license
1026 taxes specified in this subsection a nonrefundable motorcycle
1027 safety education fee in the amount of $2.50. The proceeds of
1028 such additional fee shall be deposited in the Highway Safety
1029 Operating Trust Fund to fund a motorcycle driver improvement
1030 program implemented pursuant to s. 322.025, the Florida
1031 Motorcycle Safety Education Program established in s. 322.0255,
1032 or the general operations of the department.
1033 (d) An ancient or antique motorcycle: $11 $10 flat, $1 of
1034 which is deposited into the General Revenue Fund.
1035 (2) AUTOMOBILES FOR PRIVATE USE.—
1036 (a) An ancient or antique automobile, as defined in s.
1037 320.086, or a street rod, as defined in s. 320.0863: $8.50 $7.50
1038 flat, $1 of which is deposited into the General Revenue Fund.
1039 (b) Net weight of less than 2,500 pounds: $16 $14.50 flat,
1040 $1.50 of which is deposited into the General Revenue Fund.
1041 (c) Net weight of 2,500 pounds or more, but less than 3,500
1042 pounds: $24.75 $22.50 flat, $2.25 of which is deposited into the
1043 General Revenue Fund.
1044 (d) Net weight of 3,500 pounds or more: $35.75 $32.50 flat,
1045 $3.25 of which is deposited into the General Revenue Fund.
1046 (3) TRUCKS.—
1047 (a) Net weight of less than 2,000 pounds: $16 $14.50 flat,
1048 $1.50 of which is deposited into the General Revenue Fund.
1049 (b) Net weight of 2,000 pounds or more, but not more than
1050 3,000 pounds: $24.75 $22.50 flat, $2.25 of which is deposited
1051 into the General Revenue Fund.
1052 (c) Net weight more than 3,000 pounds, but not more than
1053 5,000 pounds: $35.75 $32.50 flat, $3.25 of which is deposited
1054 into the General Revenue Fund.
1055 (d) A truck defined as a “goat,” or any other vehicle when
1056 used in the field by a farmer or in the woods for the purpose of
1057 harvesting a crop, including naval stores, during such
1058 harvesting operations, and which is not principally operated
1059 upon the roads of the state: $8.50 $7.50 flat, $1 of which is
1060 deposited into the General Revenue Fund. A “goat” is a motor
1061 vehicle designed, constructed, and used principally for the
1062 transportation of citrus fruit within citrus groves or for the
1063 transportation of crops on farms, and which can also be used for
1064 the hauling of associated equipment or supplies, including
1065 required sanitary equipment, and the towing of farm trailers.
1066 (e) An ancient or antique truck, as defined in s. 320.086:
1067 $8.50 $7.50 flat, $1 of which is deposited into the General
1068 Revenue Fund.
1069 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1070 VEHICLE WEIGHT.—
1071 (a) Gross vehicle weight of 5,001 pounds or more, but less
1072 than 6,000 pounds: $49.50 $45 flat, $4.50 of which is deposited
1073 into the General Revenue Fund.
1074 (b) Gross vehicle weight of 6,000 pounds or more, but less
1075 than 8,000 pounds: $71.50 $65 flat, $6.50 of which is deposited
1076 into the General Revenue Fund.
1077 (c) Gross vehicle weight of 8,000 pounds or more, but less
1078 than 10,000 pounds: $84 $76 flat, $8 of which is deposited into
1079 the General Revenue Fund.
1080 (d) Gross vehicle weight of 10,000 pounds or more, but less
1081 than 15,000 pounds: $96 $87 flat, $9 of which is deposited into
1082 the General Revenue Fund.
1083 (e) Gross vehicle weight of 15,000 pounds or more, but less
1084 than 20,000 pounds: $144 $131 flat, $13 of which is deposited
1085 into the General Revenue Fund.
1086 (f) Gross vehicle weight of 20,000 pounds or more, but less
1087 than 26,001 pounds: $205 $186 flat, $19 of which is deposited
1088 into the General Revenue Fund.
1089 (g) Gross vehicle weight of 26,001 pounds or more, but less
1090 than 35,000: $264 $240 flat, $24 of which is deposited into the
1091 General Revenue Fund.
1092 (h) Gross vehicle weight of 35,000 pounds or more, but less
1093 than 44,000 pounds: $330 $300 flat, $30 of which is deposited
1094 into the General Revenue Fund.
1095 (i) Gross vehicle weight of 44,000 pounds or more, but less
1096 than 55,000 pounds: $629 $572 flat, $57 of which is deposited
1097 into the General Revenue Fund.
1098 (j) Gross vehicle weight of 55,000 pounds or more, but less
1099 than 62,000 pounds: $746 $678 flat, $68 of which is deposited
1100 into the General Revenue Fund.
1101 (k) Gross vehicle weight of 62,000 pounds or more, but less
1102 than 72,000 pounds: $880 $800 flat, $80 of which is deposited
1103 into the General Revenue Fund.
1104 (l) Gross vehicle weight of 72,000 pounds or more: $1,077
1105 $979 flat, $98 of which is deposited into the General Revenue
1106 Fund.
1107 (m) Notwithstanding the declared gross vehicle weight, a
1108 truck tractor used within a 150-mile radius of its home address
1109 shall be eligible for a license plate for a fee of $264 $240
1110 flat, $24 of which is deposited into the General Revenue Fund
1111 if:
1112 1. The truck tractor is used exclusively for hauling
1113 forestry products; or
1114 2. The truck tractor is used primarily for the hauling of
1115 forestry products, and is also used for the hauling of
1116 associated forestry harvesting equipment used by the owner of
1117 the truck tractor.
1118 (n) A truck tractor or heavy truck, not operated as a for
1119 hire vehicle, which is engaged exclusively in transporting raw,
1120 unprocessed, and nonmanufactured agricultural or horticultural
1121 products within a 150-mile radius of its home address, shall be
1122 eligible for a restricted license plate for a fee of $71.50 $65
1123 flat, $6.50 of which is deposited into the General Revenue Fund,
1124 if such vehicle’s declared gross vehicle weight is less than
1125 44,000 pounds; or $264 $240 flat, $24 of which is deposited into
1126 the General Revenue Fund, if such vehicle’s declared gross
1127 vehicle weight is 44,000 pounds or more and such vehicle only
1128 transports:
1129 1. From the point of production to the point of primary
1130 manufacture;
1131 2. From the point of production to the point of assembling
1132 the same; or
1133 3. From the point of production to a shipping point of
1134 either a rail, water, or motor transportation company.
1135
1136 Such not-for-hire truck tractors and heavy trucks used
1137 exclusively in transporting raw, unprocessed, and
1138 nonmanufactured agricultural or horticultural products may be
1139 incidentally used to haul farm implements and fertilizers when
1140 delivered direct to the growers. The department may require any
1141 such documentation deemed necessary to determine eligibility
1142 prior to issuance of this license plate. For the purpose of this
1143 paragraph, “not-for-hire” means the owner of the motor vehicle
1144 must also be the owner of the raw, unprocessed, and
1145 nonmanufactured agricultural or horticultural product, or the
1146 user of the farm implements and fertilizer being delivered.
1147 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1148 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
1149 (a)1. A semitrailer drawn by a GVW truck tractor by means
1150 of a fifth-wheel arrangement: $11 $10 flat, $1 of which is
1151 deposited into the General Revenue Fund per registration year or
1152 any part thereof.
1153 2. A semitrailer drawn by a GVW truck tractor by means of a
1154 fifth-wheel arrangement: $55 $50 flat, $5 of which is deposited
1155 into the General Revenue Fund per permanent registration.
1156 (b) A motor vehicle equipped with machinery and designed
1157 for the exclusive purpose of well drilling, excavation,
1158 construction, spraying, or similar activity, and which is not
1159 designed or used to transport loads other than the machinery
1160 described above over public roads: $35.75 $32.50 flat, $3.25 of
1161 which is deposited into the General Revenue Fund.
1162 (c) A school bus used exclusively to transport pupils to
1163 and from school or school or church activities or functions
1164 within their own county: $33 $30 flat, $3 of which is deposited
1165 into the General Revenue Fund.
1166 (d) A wrecker, as defined in s. 320.01(40), which is used
1167 to tow a vessel as defined in s. 327.02(39), a disabled,
1168 abandoned, stolen-recovered, or impounded motor vehicle as
1169 defined in s. 320.01(38), or a replacement motor vehicle as
1170 defined in s. 320.01(39):$33 $30 flat, $3 of which is deposited
1171 into the General Revenue Fund.
1172 (e) A wrecker, as defined in s. 320.01(40), which is used
1173 to tow any motor vehicle, regardless of whether or not such
1174 motor vehicle is a disabled motor vehicle as defined in s.
1175 320.01(38), a replacement motor vehicle as defined in s.
1176 320.01(39), a vessel as defined in s. 327.02(39), or any other
1177 cargo, as follows:
1178 1. Gross vehicle weight of 10,000 pounds or more, but less
1179 than 15,000 pounds: $96 $87 flat, $9 of which is deposited into
1180 the General Revenue Fund.
1181 2. Gross vehicle weight of 15,000 pounds or more, but less
1182 than 20,000 pounds: $144 $131 flat, $13 of which is deposited
1183 into the General Revenue Fund.
1184 3. Gross vehicle weight of 20,000 pounds or more, but less
1185 than 26,000 pounds: $205 $186 flat, $19 of which is deposited
1186 into the General Revenue Fund.
1187 4. Gross vehicle weight of 26,000 pounds or more, but less
1188 than 35,000 pounds: $264 $240 flat, $24 of which is deposited
1189 into the General Revenue Fund.
1190 5. Gross vehicle weight of 35,000 pounds or more, but less
1191 than 44,000 pounds: $330 $300 flat, $30 of which is deposited
1192 into the General Revenue Fund.
1193 6. Gross vehicle weight of 44,000 pounds or more, but less
1194 than 55,000 pounds: $629 $572 flat, $57 of which is deposited
1195 into the General Revenue Fund.
1196 7. Gross vehicle weight of 55,000 pounds or more, but less
1197 than 62,000 pounds: $746 $678 flat, $68 of which is deposited
1198 into the General Revenue Fund.
1199 8. Gross vehicle weight of 62,000 pounds or more, but less
1200 than 72,000 pounds: $880 $800 flat, $80 of which is deposited
1201 into the General Revenue Fund.
1202 9. Gross vehicle weight of 72,000 pounds or more: $1,077
1203 $979 flat, $98 of which is deposited in the General Revenue
1204 Fund.
1205 (f) A hearse or ambulance: $33 $30 flat, $3 of which is
1206 deposited into the General Revenue Fund.
1207 (6) MOTOR VEHICLES FOR HIRE.—
1208 (a) Under nine passengers: $13.75 $12.50 flat, $1.25 of
1209 which is deposited into the General Revenue Fund plus $1 per
1210 cwt.
1211 (b) Nine passengers and over: $13.75 $12.50 flat, $1.25 of
1212 which is deposited into the General Revenue Fund plus $1.50 per
1213 cwt.
1214 (7) TRAILERS FOR PRIVATE USE.—
1215 (a) Any trailer weighing 500 pounds or less: $6 $5 flat, $1
1216 of which is deposited into the General Revenue Fund per year or
1217 any part thereof.
1218 (b) Net weight over 500 pounds: $2.75 $2.50 flat, 25 cents
1219 of which is deposited into the General Revenue Fund plus 75
1220 cents per cwt.
1221 (8) TRAILERS FOR HIRE.—
1222 (a) Net weight under 2,000 pounds: $2.75 $2.50 flat, 25
1223 cents of which is deposited into the General Revenue Fund plus
1224 $1 per cwt.
1225 (b) Net weight 2,000 pounds or more: $11 $10 flat, $1 of
1226 which is deposited into the General Revenue Fund plus $1 per
1227 cwt.
1228 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
1229 (a) A travel trailer or fifth-wheel trailer, as defined by
1230 s. 320.01(1)(b), that does not exceed 35 feet in length: $22 $20
1231 flat, $2 of which is deposited into the General Revenue Fund.
1232 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $11
1233 $10 flat, $1 of which is deposited into the General Revenue
1234 Fund.
1235 (c) A motor home, as defined by s. 320.01(1)(b)4.:
1236 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1237 of which is deposited into the General Revenue Fund.
1238 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1239 $3.50 of which is deposited into the General Revenue Fund.
1240 (d) A truck camper as defined by s. 320.01(1)(b)3.:
1241 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1242 of which is deposited into the General Revenue Fund.
1243 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1244 $3.50 of which is deposited into the General Revenue Fund.
1245 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
1246 1. Net weight of less than 4,500 pounds: $22 $20 flat, $2
1247 of which is deposited into the General Revenue Fund.
1248 2. Net weight of 4,500 pounds or more: $38.50 $35 flat,
1249 $3.50 of which is deposited into the General Revenue Fund.
1250 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
1251 motor vehicle dealer, independent motor vehicle dealer, marine
1252 boat trailer dealer, or mobile home dealer and manufacturer
1253 license plate: $14 $12.50 flat, $1.50 of which is deposited into
1254 the General Revenue Fund.
1255 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
1256 official license plate: $3.50 $3 flat, 50 cents of which is
1257 deposited into the General Revenue Fund.
1258 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
1259 vehicle for hire operated wholly within a city or within 25
1260 miles thereof: $14 $12.50 flat, $1.50 of which is deposited into
1261 the General Revenue Fund, plus $1.50 per cwt.
1262 (15) TRANSPORTER.—Any transporter license plate issued to a
1263 transporter pursuant to s. 320.133: $83 $75 flat, $8 of which is
1264 deposited into the General Revenue Fund.
1265 Section 27. Section 320.08035, Florida Statutes, is amended
1266 to read:
1267 320.08035 Persons who have disabilities; reduced dimension
1268 license plate.—The owner or lessee of a motorcycle, moped, or
1269 motorized disability access vehicle who resides in this state
1270 and qualifies for a parking permit for a person who has a
1271 disability under s. 320.0848, upon application and payment of
1272 the appropriate license tax and fees under s. 320.08(1), must be
1273 issued a license plate that has reduced dimensions as provided
1274 under s. 320.06(2)(a) s. 320.06(3)(a). The plate must be stamped
1275 with the international symbol of accessibility after the numeric
1276 and alpha serial number of the license plate. The plate entitles
1277 the person to all privileges afforded by a disabled parking
1278 permit issued under s. 320.0848.
1279 Section 28. Section 320.08046, Florida Statutes, is amended
1280 to read:
1281 320.08046 Surcharge on license tax; General Revenue Fund.
1282 There is levied on each license tax imposed under s. 320.08,
1283 except those set forth in s. 320.08(11), a surcharge in the
1284 amount of $5 $1, which shall be collected in the same manner as
1285 the license tax. Of the proceeds of the license tax surcharge,
1286 $4.50 58 percent shall be deposited into the General Revenue
1287 Fund and 50 cents 42 percent shall be deposited into the Grants
1288 and Donations Trust Fund in the Department of Juvenile Justice
1289 to fund the community juvenile justice partnership grants
1290 program.
1291 Section 29. Subsection (2) of section 320.0805, Florida
1292 Statutes, as amended by section 4 of chapter 2009-14, Laws of
1293 Florida, is amended to read:
1294 320.0805 Personalized prestige license plates.—
1295 (2) Each request for specific numbers or letters or
1296 combinations thereof shall be submitted annually to the
1297 department on an application form supplied by the department,
1298 accompanied by the following tax and fees:
1299 (a) The license tax required for the vehicle, as set forth
1300 in s. 320.08.
1301 (b) A prestige plate annual use fee of $10.
1302 (c) A processing fee of $5 $2, $3 of which shall be
1303 deposited into the General Revenue Fund and $2 to be deposited
1304 into the Highway Safety Operating Trust Fund.
1305 Section 30. Subsection (3) of section 320.08056, Florida
1306 Statutes, as amended by section 5 of chapter 2009-14, Laws of
1307 Florida, is amended to read:
1308 320.08056 Specialty license plates.—
1309 (3) Each request must be made annually to the department,
1310 accompanied by the following tax and fees:
1311 (a) The license tax required for the vehicle as set forth
1312 in s. 320.08.
1313 (b) A processing fee of $5 $2, $3 of which shall to be
1314 deposited into the General Revenue Fund and $2 deposited into
1315 the Highway Safety Operating Trust Fund.
1316 (c) A license plate fee as required by s. 320.06(1)(b).
1317 (d) A license plate annual use fee as required in
1318 subsection (4).
1319
1320 A request may be made any time during a registration period. If
1321 a request is made for a specialty license plate to replace a
1322 current valid license plate, the specialty license plate must be
1323 issued with appropriate decals attached at no tax for the plate,
1324 but all fees and service charges must be paid. When a request is
1325 made for a specialty license plate at the beginning of the
1326 registration period, the tax, together with all applicable fees
1327 and service charges, must be paid.
1328 Section 31. Subsection (4) of section 320.0807, Florida
1329 Statutes, is amended to read:
1330 320.0807 Special license plates for Governor and federal
1331 and state legislators.—
1332 (4) License plates purchased under subsection (1),
1333 subsection (2), or subsection (3) shall be replaced by the
1334 department at no cost, other than the fees required by ss.
1335 320.04 and 320.06(2)(b) 320.06(3)(b), when the person to whom
1336 such plates have been issued leaves the elective office with
1337 respect to which such license plates were issued. Within 30 days
1338 after leaving office, the person to whom such license plates
1339 have been issued shall make application to the department for a
1340 replacement license plate. Such person may return the prestige
1341 license plates to the department or may retain such plates as
1342 souvenirs. Upon receipt of the replacement license plate, such
1343 person shall not continue to display on any vehicle the prestige
1344 license plate or plates issued with respect to his or her former
1345 office.
1346 Section 32. Subsection (5) of section 320.081, Florida
1347 Statutes, is amended to read:
1348 320.081 Collection and distribution of annual license tax
1349 imposed on the following type units.—
1350 (5) The department shall keep records showing the total
1351 number of stickers issued to each type unit governed by this
1352 section, the total amount of license taxes collected, and the
1353 county or city wherein each such unit is located and shall from
1354 month to month certify to the Chief Financial Officer the amount
1355 derived from license taxes in each county and each city within
1356 the county. Such amount, less the amount of $1.50 collected on
1357 each license and the $1 license tax surcharge imposed by s.
1358 320.08015, shall be paid to the counties and cities within the
1359 counties wherein the unit or units are located as follows: one
1360 half to the district school board and the remainder either to
1361 the board of county commissioners, for units which are located
1362 within the unincorporated areas of the county, or to any city
1363 within such county, for units which are located within its
1364 corporate limits. Payment shall be by warrant drawn by the Chief
1365 Financial Officer upon the treasury, on a which amount is hereby
1366 appropriated monthly basis out of the License Tax Collection
1367 Trust Fund.
1368 Section 33. Subsections (3) and (4) of section 320.084,
1369 Florida Statutes, are amended to read:
1370 320.084 Free motor vehicle license plate to certain
1371 disabled veterans.—
1372 (3) The department shall, as it deems necessary, require
1373 each person to whom a motor vehicle license plate has been
1374 issued pursuant to subsection (1) to apply to the department for
1375 reissuance of his or her registration license plate. Upon
1376 receipt of the application and proof of the applicant’s
1377 continued eligibility, the department shall issue a new
1378 permanent “DV” numerical motor vehicle license plate which shall
1379 be of the colors red, white, and blue similar to the colors of
1380 the United States flag. The operation of a motor vehicle
1381 displaying a “DV” license plate from a previous issue period or
1382 a noncurrent validation sticker after the date specified by the
1383 department shall subject the owner if he or she is present,
1384 otherwise the operator, to the penalty provided in s. 318.18(2).
1385 Such permanent license plate shall be removed upon sale of the
1386 vehicle, but may be transferred to another vehicle owned by such
1387 veteran in the manner prescribed by law. The license number of
1388 each plate issued under this section shall be identified by the
1389 letter designation “DV.” Upon request of any such veteran, the
1390 department is authorized to issue a designation plate containing
1391 only the letters “DV,” to be displayed on the front of the
1392 vehicle.
1393 (4)(a) With the issuance of each new permanent “DV”
1394 numerical motor vehicle license plate, the department shall
1395 initially issue, without cost to the applicant, a validation
1396 sticker reflecting the owner’s birth month and a serially
1397 numbered validation sticker reflecting the year of expiration.
1398 The initial sticker reflecting the year of expiration may not
1399 exceed 15 months.
1400 (a)(b) There shall be a service charge in accordance with
1401 the provisions of s. 320.04 for each initial application or
1402 renewal of registration and an additional sum of 50 cents on
1403 each license plate and validation sticker as provided in s.
1404 320.06(2)(b) s. 320.06(3)(b).
1405 (b)(c) Registration under this section shall be renewed
1406 annually during the applicable renewal period on forms
1407 prescribed by the department, which shall include, in addition
1408 to any other information required by the department, a certified
1409 statement as to the continued eligibility of the applicant to
1410 receive the special “DV” license plate. Any applicant who
1411 falsely or fraudulently submits to the department the certified
1412 statement required by this paragraph is guilty of a noncriminal
1413 violation and is subject to a civil penalty of $50.
1414 Section 34. Subsection (4) of section 320.086, Florida
1415 Statutes, is amended to read:
1416 320.086 Ancient or antique motor vehicles; horseless
1417 carriage, antique, or historical license plates; former military
1418 vehicles.—
1419 (4) Any person who is the registered owner of a motor
1420 vehicle as defined in this section and manufactured in the model
1421 year 1974 or earlier may apply to the department for permission
1422 to use a historical Florida license plate that clearly
1423 represents the model year of the vehicle as a personalized
1424 prestige license plate. This plate shall be furnished by such
1425 person and shall be presented to the department with a
1426 reasonable fee to be determined by the department for approval
1427 and for authentication that the historic license plate and any
1428 applicable decals were issued by this state in the same year as
1429 the model year of the car or truck. The requirements of s.
1430 320.0805(8)(b) do not apply to historical plates authorized
1431 under this subsection.
1432 Section 35. Subsections (3) and (5) of section 320.0894,
1433 Florida Statutes, are amended to read:
1434 320.0894 Motor vehicle license plates to Gold Star family
1435 members.—The department shall develop a special license plate
1436 honoring the family members of servicemembers who have been
1437 killed while serving in the Armed Forces of the United States.
1438 The license plate shall be officially designated as the Gold
1439 Star license plate and shall be developed and issued as provided
1440 in this section.
1441 (3)(a) Each owner or lessee of an automobile or truck for
1442 private use, truck weighing not more than 7,999 pounds, or
1443 recreational vehicle as specified in s. 320.08(9)(c) or (d),
1444 which automobile, truck, or vehicle is not used for hire or
1445 commercial use, who is a resident of this state, and who meets
1446 the qualifications provided in subsection (4) shall, upon
1447 application therefor to the department and payment of the
1448 license tax and appropriate fees established in this chapter, be
1449 issued a Gold Star license plate. Each initial application for a
1450 Gold Star license plate must be accompanied by proof that the
1451 applicant meets the requirements provided in subsection (4).
1452 (b) The surviving spouse and a surviving parent meeting the
1453 requirements in subsection (4) shall each, upon application
1454 therefor, be issued the Gold Star license plate for one vehicle
1455 per household free of charge. Renewal decals for the plate
1456 issued under this paragraph shall be issued at no cost.
1457 (5) An eligible family member may request a Gold Star
1458 license plate at any time during his or her registration period.
1459 If such a license plate is to replace a current valid license
1460 plate, the license plate shall be issued with appropriate
1461 renewal decals attached.
1462 Section 36. Subsection (2) of section 320.10, Florida
1463 Statutes, is amended to read:
1464 320.10 Exemptions.—
1465 (2) Any such vehicle or mobile home, except one owned or
1466 operated exclusively by the Federal Government, shall be
1467 furnished a license plate, validation sticker, or mobile home
1468 decal sticker upon the proper application to the department and
1469 upon the payment of $3 to cover the cost of same. For any motor
1470 vehicle or mobile home which is exempt under paragraph (1)(a),
1471 there shall be issued a license plate, validation sticker, or
1472 mobile home decal sticker prescribed by s. 320.06; and for any
1473 vehicle which is exempt under paragraphs (1)(c)-(h), there shall
1474 be issued a license plate under series “X.” Vehicles exempt
1475 under this provision must be equipped with proper license plates
1476 showing such exempt status.
1477 Section 37. Section 320.26, Florida Statutes, is amended to
1478 read:
1479 320.26 Counterfeiting license plates, validation stickers,
1480 mobile home decals stickers, cab cards, trip permits, or special
1481 temporary operational permits prohibited; penalty.—
1482 (1)(a) No person shall counterfeit registration license
1483 plates, validation stickers, or mobile home decals stickers, or
1484 have in his or her possession any such plates or decals
1485 stickers; nor shall any person manufacture, sell, or dispose of
1486 registration license plates, validation stickers, or mobile home
1487 decals stickers in the state without first having obtained the
1488 permission and authority of the department in writing.
1489 (b) No person shall counterfeit, alter, or manufacture
1490 International Registration Plan cab cards, trip permits, special
1491 temporary permits, or temporary operational permits; nor shall
1492 any person sell or dispose of International Registration Plan
1493 cab cards, trip permits, special temporary permits, or temporary
1494 operational permits without first having obtained the permission
1495 and authority of the department in writing.
1496 (2) Any person who violates this section is guilty of a
1497 felony of the third degree.
1498 (a) If the violator is a natural person, he or she is
1499 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1500 (b) If the violator is an association or corporation, it is
1501 punishable as provided in s. 775.083, and the official of the
1502 association or corporation under whose direction or with whose
1503 knowledge, consent, or acquiescence such violation occurred may
1504 be punished as provided in s. 775.082, in addition to the fine
1505 which may be imposed upon such association or corporation.
1506 Section 38. Section 320.261, Florida Statutes, is amended
1507 to read:
1508 320.261 Attaching registration license plate not assigned
1509 unlawful; penalty.—Any person who knowingly attaches to any
1510 motor vehicle or mobile home any registration license plate, or
1511 who knowingly attaches any validation sticker or mobile home
1512 decal sticker to a registration license plate, which plate or
1513 decal sticker was not issued and assigned or lawfully
1514 transferred to such vehicle, commits is guilty of a misdemeanor
1515 of the second degree, punishable as provided in s. 775.082 or s.
1516 775.083.
1517 Section 39. Subsections (13) through (18) of section
1518 320.822, Florida Statutes, are amended to read:
1519 320.822 Definitions; ss. 320.822-320.862.—In construing ss.
1520 320.822-320.862, unless the context otherwise requires, the
1521 following words or phrases have the following meanings:
1522 (13) “Seal” or “label” means a device issued by the
1523 department certifying that a mobile home or recreational vehicle
1524 meets the appropriate code, which device is to be displayed on
1525 the exterior of the mobile home or recreational vehicle.
1526 (13)(14) “Setup” or “installation” means the operations
1527 performed at the occupancy site which render a mobile home or
1528 park trailer fit for habitation. Such operations include, but
1529 are not limited to, transporting; positioning; blocking;
1530 leveling, supporting, installing foundation products,
1531 components, and systems; connecting utility systems; making
1532 minor adjustments; or assembling multiple or expandable units.
1533 (14)(15) “Substantial defect” means:
1534 (a) Any substantial deficiency or defect in materials or
1535 workmanship occurring to a mobile home or recreational vehicle
1536 which has been reasonably maintained and cared for in normal
1537 use.
1538 (b) Any structural element, utility system, or component of
1539 the mobile home or recreational vehicle, which fails to comply
1540 with the code.
1541 (15)(16) “Supplier” means the original producer of
1542 completed components, including refrigerators, stoves, hot water
1543 heaters, dishwashers, cabinets, air conditioners, heating units,
1544 and similar components, which are furnished to a manufacturer or
1545 dealer for installation in the mobile home or recreational
1546 vehicle prior to sale to a buyer.
1547 (16)(17) “Width of a mobile home” means the distance from
1548 the exterior of one side wall to the exterior of the opposite
1549 side wall where such walls enclose living or other interior
1550 space and such distance includes expandable rooms but not bay
1551 windows, porches, wall and roof extensions, or other
1552 attachments.
1553 (17)(18) “Body size” of a park trailer, travel trailer, or
1554 fifth-wheel trailer means the distance from the exterior side or
1555 end to the opposite exterior side or end of the body. Such
1556 distance includes expandable rooms, bay windows, wall and roof
1557 extensions, or other extrusions in the travel mode. The
1558 following exceptions apply:
1559 (a) Travel trailers shall not exceed 320 square feet. All
1560 square footage measurements are of the exterior when in setup
1561 mode, including bay windows.
1562 (b) Park trailers constructed to ANSI A-119.5 shall not
1563 exceed 400 square feet. Park trailers constructed to the United
1564 States Department of Housing and Urban Development standard
1565 shall not exceed 500 square feet. All square footage
1566 measurements are of the exterior when in setup mode and do not
1567 include bay windows.
1568 (c) Fifth-wheel trailers may not exceed 400 square feet.
1569 All square footage measurements are of the exterior when in
1570 setup mode, including bay windows.
1571 Section 40. Section 320.824, Florida Statutes, is repealed.
1572 Section 41. Section 320.8245, Florida Statutes, is amended
1573 to read:
1574 320.8245 Limitation of alteration or modification to mobile
1575 homes or recreational vehicles.—
1576 (1) LIMITATION OF ALTERATIONS OR MODIFICATIONS.—No
1577 alteration or modification shall be made to a mobile home or
1578 recreational vehicle by a licensed dealer after shipment from
1579 the manufacturer’s plant unless such alteration or modification
1580 is authorized in this section.
1581 (2) EFFECT ON MOBILE HOME WARRANTY.—Unless an alteration or
1582 modification is performed by a qualified person as defined in
1583 subsection (3) (4), the warranty responsibility of the
1584 manufacturer as to the altered or modified item shall be void.
1585 (a) An alteration or modification performed by a mobile
1586 home or recreational vehicle dealer or his or her agent or
1587 employee shall place warranty responsibility for the altered or
1588 modified item upon the dealer. If the manufacturer fulfills, or
1589 is required to fulfill, the warranty on the altered or modified
1590 item, he or she shall be entitled to recover damages in the
1591 amount of his or her costs and attorneys’ fees from the dealer.
1592 (b) An alteration or modification performed by a mobile
1593 home or recreational vehicle owner or his or her agent shall
1594 render the manufacturer’s warranty as to that item void. A
1595 statement shall be displayed clearly and conspicuously on the
1596 face of the warranty that the warranty is void as to the altered
1597 or modified item if the alteration or modification is performed
1598 by other than a qualified person. Failure to display such
1599 statement shall result in warranty responsibility on the
1600 manufacturer.
1601 (3) AUTHORITY OF THE DEPARTMENT.—The department is
1602 authorized to promulgate rules and regulations pursuant to
1603 chapter 120 which define the alterations or modifications which
1604 must be made by qualified personnel. The department may regulate
1605 only those alterations and modifications which substantially
1606 impair the structural integrity or safety of the mobile home.
1607 (3)(4) DESIGNATION AS A QUALIFIED PERSON.—
1608 (a) In order to be designated as a person qualified to
1609 alter or modify a mobile home or recreational vehicle, a person
1610 must comply with local or county licensing or competency
1611 requirements in skills relevant to performing alterations or
1612 modifications on mobile homes or recreational vehicles.
1613 (b) When no local or county licensing or competency
1614 requirements exist, the department may certify persons to
1615 perform mobile home alterations or modifications. The department
1616 shall by rule or regulation determine what skills and competency
1617 requirements are requisite to the issuance of a certification. A
1618 fee sufficient to cover the costs of issuing certifications may
1619 be charged by the department. The certification shall be valid
1620 for a period which terminates when the county or other local
1621 governmental unit enacts relevant competency or licensing
1622 requirements. The certification shall be valid only in counties
1623 or localities without licensing or competency requirements.
1624 (c) The department shall determine which counties and
1625 localities have licensing or competency requirements adequate to
1626 eliminate the requirement of certification. This determination
1627 shall be based on a review of the relevant county or local
1628 standards for adequacy in regulating persons who perform
1629 alterations or modifications to mobile homes. The department
1630 shall find local or county standards adequate when minimal
1631 licensing or competency standards are provided.
1632 Section 42. Subsection (6) of section 320.8249, Florida
1633 Statutes, is amended to read:
1634 320.8249 Mobile home installers license.—
1635 (6) “Installation,” as used herein, is synonymous with
1636 “setup” as defined in s.320.822(13) s. 320.822(14).
1637 Section 43. Section 320.8255, Florida Statutes, is
1638 repealed.
1639 Section 44. Section 320.827, Florida Statutes, is amended
1640 to read:
1641 320.827 Label; procedures for issuance; certification;
1642 requirements.—No dealer shall sell or offer for sale in this
1643 state any new mobile home manufactured after January 1, 1968,
1644 unless the mobile home bears a label and the certification by
1645 the manufacturer that the mobile home to which the label is
1646 attached meets or exceeds the appropriate code. Any mobile home
1647 bearing the insignia of approval pursuant to this section shall
1648 be deemed to comply with the requirements of all local
1649 government ordinances or rules which govern construction, and no
1650 mobile home bearing an the department insignia of approval shall
1651 be in any way modified except in compliance with this chapter.
1652 Labels may be issued by the department when applied for with an
1653 affidavit certifying that the dealer or manufacturer applying
1654 will not attach a label to any new mobile home that does not
1655 meet or exceed the appropriate code. No mobile home may be
1656 manufactured in this state unless it bears a label and
1657 certification that the mobile home meets or exceeds the code of
1658 the United States Department of Housing and Urban Development.
1659 The label for each mobile home shall be displayed in a manner to
1660 be prescribed by the department.
1661 Section 45. Section 320.834, Florida Statutes, is amended
1662 to read:
1663 320.834 Purpose.—It is the intent of the Legislature to
1664 ensure the safety and welfare of residents of mobile homes
1665 through a licensing an inspection program conducted by the
1666 Department of Highway Safety and Motor Vehicles. Mobile homes
1667 are a primary affordable housing resource of many of the
1668 residents of the state and satisfy a large segment of statewide
1669 housing needs. It is the further intent of the Legislature that
1670 the department, mobile home dealers, and mobile home
1671 manufacturers continue to work together to meet the applicable
1672 code requirements for mobile homes and that such dealers and
1673 manufacturers share the responsibilities of warranting mobile
1674 homes in accordance with applicable codes and resolving
1675 legitimate consumer complaints in a timely, efficient manner.
1676 Section 46. Paragraph (a) of subsection (2) of section
1677 321.23, Florida Statutes, is amended to read:
1678 321.23 Public records; fees for copies; destruction of
1679 obsolete records; photographing records; effect as evidence.—
1680 (2) Fees for copies of public records shall be charged and
1681 collected as follows:
1682 (a) For a crash report, a copy.....................$10 $2
1683 Section 47. Subsection (3) of section 322.051, Florida
1684 Statutes, is amended to read:
1685 322.051 Identification cards.—
1686 (3) If an identification card issued under this section is
1687 lost, destroyed, or mutilated or a new name is acquired, the
1688 person to whom it was issued may obtain a duplicate upon
1689 furnishing satisfactory proof of such fact to the department and
1690 upon payment of a fee as provided in s. 322.21 of $10 for such
1691 duplicate, $2.50 of which shall be deposited into the General
1692 Revenue Fund and $7.50 into the Highway Safety Operating Trust
1693 Fund. The fee shall include payment for the color photograph or
1694 digital image of the applicant. Any person who loses an
1695 identification card and who, after obtaining a duplicate, finds
1696 the original card shall immediately surrender the original card
1697 to the department. The same documentary evidence shall be
1698 furnished for a duplicate as for an original identification
1699 card.
1700 Section 48. Paragraph (c) of subsection (5) of section
1701 322.081, Florida Statutes, is amended to read:
1702 322.081 Requests to establish voluntary check-off on
1703 driver’s license application.—
1704 (5) A voluntary contribution collected and distributed
1705 under this chapter, or any interest earned from those
1706 contributions, may not be used for commercial or for-profit
1707 activities nor for general or administrative expenses, except as
1708 authorized by law.
1709 (c) Any voluntary contributions authorized by law must be
1710 deposited into and distributed from the Motor Vehicle License
1711 Clearing Trust Fund to the recipients specified in this chapter
1712 shall only be distributed to an organization under an
1713 appropriation by the Legislature.
1714 Section 49. Subsection (1) of section 322.12, Florida
1715 Statutes, is amended to read:
1716 322.12 Examination of applicants.—
1717 (1) It is the intent of the Legislature that every
1718 applicant for an original driver’s license in this state be
1719 required to pass an examination pursuant to this section.
1720 However, the department may waive the knowledge, endorsement,
1721 and skills tests for an applicant who is otherwise qualified and
1722 who surrenders a valid driver’s license from another state or a
1723 province of Canada, or a valid driver’s license issued by the
1724 United States Armed Forces, if the driver applies for a Florida
1725 license of an equal or lesser classification. Any applicant who
1726 fails to pass the initial knowledge test will incur a $10 $5 fee
1727 for each subsequent test, to be deposited into the Highway
1728 Safety Operating Trust Fund. Any applicant who fails to pass the
1729 initial skills test will incur a $20 $10 fee for each subsequent
1730 test, to be deposited into the Highway Safety Operating Trust
1731 Fund. A person who seeks to retain a hazardous-materials
1732 endorsement, pursuant to s. 322.57(1)(d), must pass the
1733 hazardous-materials test, upon surrendering his or her
1734 commercial driver’s license, if the person has not taken and
1735 passed the hazardous-materials test within 2 years preceding his
1736 or her application for a commercial driver’s license in this
1737 state.
1738 Section 50. Subsection (9) and paragraph (a) of subsection
1739 (11) of section 322.20, Florida Statutes, are amended to read:
1740 322.20 Records of the department; fees; destruction of
1741 records.—
1742 (9) The department may, upon application, furnish to any
1743 person, from the records of the Division of Driver Licenses, a
1744 list of the names, addresses, and birth dates of the licensed
1745 drivers of the entire state or any portion thereof by age group.
1746 In addition, the department may furnish to the courts, for the
1747 purpose of establishing jury selection lists, the names,
1748 addresses, and birth dates of the persons of the entire state or
1749 any portion thereof by age group having identification cards
1750 issued by the department. Each person who requests such
1751 information shall pay a fee, set by the department, of 5 cents 1
1752 cent per name listed, except that the department shall furnish
1753 such information without charge to the courts for the purpose of
1754 jury selection or to any state agency or to any state attorney,
1755 sheriff, or chief of police. Such court, state agency, state
1756 attorney, or law enforcement agency may not sell, give away, or
1757 allow the copying of such information. Noncompliance with this
1758 prohibition shall authorize the department to charge the
1759 noncomplying court, state agency, state attorney, or law
1760 enforcement agency the appropriate fee for any subsequent lists
1761 requested. The department may adopt rules necessary to implement
1762 this subsection.
1763 (11)(a) The department is authorized to charge the
1764 following fees for the following services and documents:
1765 1. For providing a transcript of any one individual’s
1766 driver history record or any portion thereof for the past 3 or 7
1767 years or for searching for such record when no record is found
1768 to be on file $10 $2.10
1769 2. For providing a transcript of any one individual’s
1770 driver history record or any portion thereof for the past 7
1771 years or for searching for such record when no record is found
1772 to be on file $3.10
1773 2.3. For providing a certified copy of a transcript of the
1774 driver history record or any portion thereof for any one
1775 individual $10 $3.10
1776 3.4. For providing a certified photographic copy of a
1777 document, per page $1.00
1778 4.5. For providing an exemplified record $15.00
1779 5.6. For providing photocopies of documents, papers,
1780 letters, clearances, or license or insurance status reports, per
1781 page $0.50
1782 6.7. For assisting persons in searching any one
1783 individual’s driver record at a terminal located at the
1784 department’s general headquarters in Tallahassee $2.00
1785 Section 51. Section 322.201, Florida Statutes, is amended
1786 to read:
1787 322.201 Records as evidence.—A copy, computer copy, or
1788 transcript of all abstracts of crash reports and all abstracts
1789 of court records of convictions received by the department and
1790 the complete driving record of any individual duly certified by
1791 machine imprint of the department or by machine imprint of the
1792 clerk of a court shall be received as evidence in all courts of
1793 this state without further authentication, provided the same is
1794 otherwise admissible in evidence. Further, any court or the
1795 office of the clerk of any court of this state which is
1796 electronically connected by a terminal device to the computer
1797 data center of the department may use as evidence in any case
1798 the information obtained by this device from the records of the
1799 department without need of such certification; however, if a
1800 genuine issue as to the authenticity of such information is
1801 raised by a party or by the court, the court in its sound
1802 discretion may require that a record certified by the department
1803 be submitted for admission into evidence. For such computer
1804 copies generated by a terminal device of a court or clerk of
1805 court, entry in a driver’s record that the notice required by s.
1806 322.251 was given shall constitute sufficient evidence that such
1807 notice was given.
1808 Section 52. Section 322.21, Florida Statutes, is amended to
1809 read:
1810 322.21 License fees; procedure for handling and collecting
1811 fees.—
1812 (1) Except as otherwise provided herein, the fee for:
1813 (a) An original or renewal commercial driver’s license is
1814 $75 $67, which shall include the fee for driver education
1815 provided by s. 1003.48; however, if an applicant has completed
1816 training and is applying for employment or is currently employed
1817 in a public or nonpublic school system that requires the
1818 commercial license, the fee shall be the same as for a Class E
1819 driver’s license. A delinquent fee of $10 $1 shall be added for
1820 a renewal made not more than 12 months after the license
1821 expiration date.
1822 (b) An original Class E driver’s license is $35 $27, which
1823 shall include the fee for driver’s education provided by s.
1824 1003.48; however, if an applicant has completed training and is
1825 applying for employment or is currently employed in a public or
1826 nonpublic school system that requires a commercial driver
1827 license, the fee shall be the same as for a Class E license.
1828 (c) The renewal or extension of a Class E driver’s license
1829 or of a license restricted to motorcycle use only is $28 $20,
1830 except that a delinquent fee of $10 $1 shall be added for a
1831 renewal or extension made not more than 12 months after the
1832 license expiration date. The fee provided in this paragraph
1833 shall include the fee for driver’s education provided by s.
1834 1003.48.
1835 (d) An original driver’s license restricted to motorcycle
1836 use only is $35 $27, which shall include the fee for driver’s
1837 education provided by s. 1003.48.
1838 (e) A replacement driver’s license issued pursuant to s.
1839 322.17 is $20 $10. Of this amount $7 shall be deposited into the
1840 Highway Safety Operating Trust Fund and $13 $3 shall be
1841 deposited into the General Revenue Fund.
1842 (f) An original, renewal, or replacement identification
1843 card issued pursuant to s. 322.051 is $11 $10. Funds collected
1844 from these fees shall be distributed as follows:
1845 1. For an original identification card issued pursuant to
1846 s. 322.051 the fee shall be $11 $10. This amount shall be
1847 deposited into the General Revenue Fund.
1848 2. For a renewal identification card issued pursuant to s.
1849 322.051 the fee shall be $11 $10. Of this amount, $6 shall be
1850 deposited into the Highway Safety Operating Trust Fund and $5 $4
1851 shall be deposited into the General Revenue Fund.
1852 3. For a replacement identification card issued pursuant to
1853 s. 322.051 the fee shall be $11 $10. Of this amount, $9 shall be
1854 deposited into the Highway Safety Operating Trust Fund and $2 $1
1855 shall be deposited into the General Revenue Fund.
1856 (g) Each endorsement required by s. 322.57 is $7.
1857 (h) A hazardous-materials endorsement, as required by s.
1858 322.57(1)(d), shall be set by the department by rule and shall
1859 reflect the cost of the required criminal history check,
1860 including the cost of the state and federal fingerprint check,
1861 and the cost to the department of providing and issuing the
1862 license. The fee shall not exceed $100. This fee shall be
1863 deposited in the Highway Safety Operating Trust Fund. The
1864 department may adopt rules to administer this section.
1865 (2) It is the duty of the Director of the Division of
1866 Driver Licenses to set up a division in the department with the
1867 necessary personnel to perform the necessary clerical and
1868 routine work for the department in issuing and recording
1869 applications, licenses, and certificates of eligibility,
1870 including the receiving and accounting of all license funds and
1871 their payment into the State Treasury, and other incidental
1872 clerical work connected with the administration of this chapter.
1873 The department is authorized to use such electronic, mechanical,
1874 or other devices as necessary to accomplish the purposes of this
1875 chapter.
1876 (3) The department shall prepare sufficient forms for
1877 certificates of eligibility, applications, notices, and license
1878 materials to supply all applicants for driver’s licenses and all
1879 renewal licenses.
1880 (4) If the department determines from its records or is
1881 otherwise satisfied that the holder of a license about to expire
1882 is entitled to have it renewed, the department shall mail a
1883 renewal notice to him or her at his or her last known address,
1884 not less than 30 days prior to the licensee’s birthday. The
1885 licensee shall be issued a renewal license, after reexamination,
1886 if required, during the 30 days immediately preceding his or her
1887 birthday upon presenting a renewal notice, his or her current
1888 license, and the fee for renewal to the department at any
1889 driver’s license examining office.
1890 (5) The department shall collect and transmit all fees
1891 received by it under this section to the Chief Financial Officer
1892 to be placed in the General Revenue Fund of the state, and
1893 sufficient funds for the necessary expenses of the department
1894 shall be included in the appropriations act. The fees shall be
1895 used for the maintenance and operation of the department.
1896 (6) Any member of the Armed Forces or his or her spouse,
1897 daughter, son, stepdaughter, or stepson, who holds a Florida
1898 driver’s license and who presents an affidavit showing that he
1899 or she was out of the state due to service in the Armed Forces
1900 of the United States at the time of license expiration is exempt
1901 from paying the delinquent fee, if the application for renewal
1902 is made within 15 months after the expiration of his or her
1903 license and within 90 days after the date of discharge or
1904 transfer to a military or naval establishment in this state as
1905 shown in the affidavit. However, such a person is not exempt
1906 from any reexamination requirement.
1907 (7) Any veteran honorably discharged from the Armed Forces
1908 who has been issued a valid identification card by the
1909 Department of Veterans’ Affairs in accordance with s. 295.17, or
1910 has been determined by the United States Department of Veterans
1911 Affairs or its predecessor to have a 100-percent total and
1912 permanent service-connected disability rating for compensation,
1913 or has been determined to have a service-connected total and
1914 permanent disability rating of 100 percent and is in receipt of
1915 disability retirement pay from any branch of the United States
1916 Armed Services, and who is qualified to obtain a driver’s
1917 license under this chapter is exempt from all fees required by
1918 this section.
1919 (8) Any person who applies for reinstatement following the
1920 suspension or revocation of the person’s driver’s license shall
1921 pay a service fee of $45 $35 following a suspension, and $75 $60
1922 following a revocation, which is in addition to the fee for a
1923 license. Any person who applies for reinstatement of a
1924 commercial driver’s license following the disqualification of
1925 the person’s privilege to operate a commercial motor vehicle
1926 shall pay a service fee of $75 $60, which is in addition to the
1927 fee for a license. The department shall collect all of these
1928 fees at the time of reinstatement. The department shall issue
1929 proper receipts for such fees and shall promptly transmit all
1930 funds received by it as follows:
1931 (a) Of the $45 $35 fee received from a licensee for
1932 reinstatement following a suspension, the department shall
1933 deposit $15 in the General Revenue Fund and $30 $20 in the
1934 Highway Safety Operating Trust Fund.
1935 (b) Of the $75 $60 fee received from a licensee for
1936 reinstatement following a revocation or disqualification, the
1937 department shall deposit $35 in the General Revenue Fund and $40
1938 $25 in the Highway Safety Operating Trust Fund.
1939 (9)(a) An applicant requesting a review authorized in s.
1940 322.222, s. 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must
1941 pay a filing fee of $25 to be deposited into the Highway Safety
1942 Operating Trust Fund.
1943 (b) An applicant petitioning the department for a hearing
1944 authorized in s. 322.271, must pay a filing fee of $12 to be
1945 deposited into the Highway Safety Operating Trust Fund.
1946
1947 If the revocation or suspension of the driver’s license was for
1948 a violation of s. 316.193, or for refusal to submit to a lawful
1949 breath, blood, or urine test, an additional fee of $130 $115
1950 must be charged. However, only one $130 $115 fee may be
1951 collected from one person convicted of violations arising out of
1952 the same incident. The department shall collect the $130 $115
1953 fee and deposit the fee into the Highway Safety Operating Trust
1954 Fund at the time of reinstatement of the person’s driver’s
1955 license, but the fee may not be collected if the suspension or
1956 revocation is overturned. If the revocation or suspension of the
1957 driver’s license was for a conviction for a violation of s.
1958 817.234(8) or (9) or s. 817.505, an additional fee of $180 is
1959 imposed for each offense. The department shall collect and
1960 deposit the additional fee into the Highway Safety Operating
1961 Trust Fund at the time of reinstatement of the person’s driver’s
1962 license.
1963 Section 53. Subsection (5) is added to section 322.2715,
1964 Florida Statutes, to read:
1965 322.2715 Ignition interlock device.—
1966 (5) In addition to any fees authorized by rule for the
1967 installation and maintenance of the ignition interlock device,
1968 the authorized installer of the device shall collect and remit
1969 $12 for each installation to the department which shall be
1970 deposited into the Highway Safety Operating Trust Fund to be
1971 used for the operation of the Ignition Interlock Device Program.
1972 Section 54. Subsection (2) of section 322.29, Florida
1973 Statutes, is amended to read:
1974 322.29 Surrender and return of license.—
1975 (2) The provisions of subsection (1) to the contrary
1976 notwithstanding, no examination is required for the return of a
1977 license suspended under s. 318.15 or s. 322.245 unless an
1978 examination is otherwise required by this chapter. Every person
1979 applying for the return of a license suspended under s. 318.15
1980 or s. 322.245 shall present to the department certification from
1981 the court that he or she has complied with all obligations and
1982 penalties imposed on him or her pursuant to s. 318.15 or, in the
1983 case of a suspension pursuant to s. 322.245, that he or she has
1984 complied with all directives of the court and the requirements
1985 of s. 322.245 and shall pay to the department a nonrefundable
1986 service fee of $60 $47.50, of which $37.50 shall be deposited
1987 into the General Revenue Fund and $22.50 $10 shall be deposited
1988 into the Highway Safety Operating Trust Fund. If reinstated by
1989 the clerk of the court or tax collector, $37.50 shall be
1990 retained and $22.50 $10 shall be remitted to the Department of
1991 Revenue for deposit into the Highway Safety Operating Trust
1992 Fund. However, the service fee is not required if the person is
1993 required to pay a $45 $35 fee or $75 $60 fee under the
1994 provisions of s. 322.21.
1995 Section 55. Subsection (5) is added to section 322.292,
1996 Florida Statutes, to read:
1997 322.292 DUI programs supervision; powers and duties of the
1998 department.—
1999 (5) A private probation services provider authorized under
2000 s. 948.15 may not refer probationers to any DUI program owned in
2001 whole or in part by that probation services provider or its
2002 affiliates. The Department of Highway Safety and Motor Vehicles
2003 shall establish rules to implement this subsection.
2004 Section 56. Effective July 1, 2009, section 322.293,
2005 Florida Statutes, is amended to read:
2006 322.293 DUI programs Coordination Trust Fund; assessment;
2007 disposition.—
2008 (1) The DUI programs Coordination Trust Fund shall be
2009 administered by the department, and the costs of administration
2010 shall be borne by the collections of revenue provided in this
2011 section the fund. All funds received by the department DUI
2012 Programs Coordination Trust Fund shall be used solely for the
2013 purposes set forth in this chapter and for the general
2014 operations of the department section and s. 322.292. However, if
2015 the Legislature passes legislation consolidating existing trust
2016 funds assigned to the department, all funds remaining in and
2017 deposited to the DUI Programs Coordination Trust Fund shall be
2018 transferred to the consolidated trust funds, subject to their
2019 being earmarked for use solely for the purposes set forth in
2020 this section and s. 322.292.
2021 (2) Each DUI program shall assess $12 against each person
2022 enrolling in a DUI program at the time of enrollment, including
2023 persons who transfer to or from a program in another state. In
2024 addition, second and third offenders and those offenders under
2025 permanent driver’s-license revocation who are evaluated for
2026 eligibility for license restrictions under s. 322.271(2)(b) and
2027 (4) shall be assessed $12 upon enrollment in the program and
2028 upon each subsequent anniversary date while they are in the
2029 program, for the duration of the license period.
2030 (3) All assessments collected under this section shall be
2031 deposited in the Highway Safety Operating forwarded to the DUI
2032 Programs Coordination Trust Fund within 30 days after the last
2033 day of the month in which the assessment was received.
2034 Section 57. Except as otherwise expressly provided in this
2035 act and except for this section, which shall take effect July 1,
2036 2009, this act shall take effect September 1, 2009.