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.