Florida Senate - 2009 SB 986
By the Committee on Transportation
596-01218-09 2009986__
1 A bill to be entitled
2 An act relating to highway safety and motor vehicles;
3 amending s. 17.61, F.S.; requiring the Department of
4 Highway Safety and Motor Vehicles to retain trust fund
5 moneys in the DUI Programs Coordination Trust Fund for
6 investment; amending s. 215.20, F.S.; removing the DUI
7 Programs Coordination Trust Fund from the list of
8 trust funds subject to a statutory service charge;
9 amending s. 316.126, F.S.; requiring drivers of
10 vehicles to behave in a specified fashion when
11 approaching emergency vehicles or wreckers; amending
12 s. 316.2085, F.S.; prohibiting a person under 16 years
13 of age from operating a motorcycle or moped; amending
14 s. 319.14, F.S.; prohibiting a person from knowingly
15 offering for sale, selling, or exchanging a vehicle
16 until the Department of Highway Safety and Motor
17 Vehicles has stamped in a conspicuous place on the
18 certificate of title words stating that the vehicle is
19 a custom vehicle or street rod vehicle; defining the
20 terms “custom vehicle” and “street rod vehicle”;
21 providing that a person who does not make the required
22 disclosures commits a misdemeanor of the second
23 degree; amending s. 319.32, F.S.; requiring that
24 certain specified fees be charged for vehicle
25 inspections; amending s. 319.40, F.S.; authorizing the
26 Department of Highway Safety and Motor Vehicles to
27 issue an electronic certificate of title in lieu of
28 printing a paper title; authorizing the department to
29 collect and use e-mail addresses in lieu of the United
30 States Postal Service to notify motor vehicle owners
31 and registrants; amending s. 320.023, F.S.; requiring
32 that voluntary contributions collected by the
33 department be deposited into and distributed from the
34 Motor Vehicle License Clearing Trust Fund; providing
35 for the implementation of a certain litigation
36 settlement; providing eligibility and procedures to
37 collect the credit; providing for expiration of the
38 provision; amending s. 320.05, F.S.; authorizing the
39 Department of Highway Safety and Motor Vehicles to
40 provide public access to the National Motor Vehicle
41 Title Information System in a specified manner;
42 requiring the department to adopt a fee schedule to
43 provide for the public-access service; amending s.
44 320.0607, F.S.; increasing fees for certain license
45 plates; amending s. 320.08048, F.S.; increasing fees
46 for sample license plates; amending s. 320.0863, F.S.;
47 deleting definitions for “custom vehicle” and “street
48 rod” to conform to changes made by the act; amending
49 s. 320.203, F.S.; providing for the disposition of
50 biennial license tax moneys; amending s. 320.27, F.S.;
51 removing certain information from the application form
52 for motor vehicle dealers; providing additional
53 grounds for the Department of Highway Safety and Motor
54 Vehicles to deny, suspend, or revoke a license issued
55 to a motor vehicle dealer; providing that an insurer
56 may cancel the surety bond of a motor vehicle dealer
57 by giving written notice of the cancellation to the
58 department; providing an effective date of the
59 cancellation; requiring the Department of Highway
60 Safety and Motor Vehicles to revoke, suspend, or deny
61 the license issued to a motor vehicle dealer if the
62 dealer conducts business during the license period
63 without having in full force and effect a surety bond
64 that complies with the law; requiring each motor
65 vehicle dealer to deliver to the department evidence
66 of a new or continued garage liability insurance
67 policy; requiring certain policy limits; requiring the
68 Department of Highway Safety and Motor Vehicles to
69 notify the insurance company of the licensee in
70 writing if the license for the motor vehicle dealer
71 has been denied, suspended, or revoked; requiring the
72 department to revoke, suspend, or deny the license
73 issued to a motor vehicle dealer if a dealer conducts
74 business during the license period without having in
75 full force and effect a liability insurance policy;
76 amending s. 320.642, F.S.; requiring the department to
77 assess a licensee fee in connection with establishing
78 an additional motor vehicle dealership or relocating
79 an existing dealership within a community or territory
80 where the same line-make vehicle is presently
81 represented by a franchised motor vehicle dealer or
82 dealers; amending s. 320.77, F.S.; providing that an
83 insurer may cancel the surety bond of a mobile home
84 dealer by giving written notice of the cancellation to
85 the department; providing an effective date of the
86 cancellation; requiring the Department of Highway
87 Safety and Motor Vehicles to revoke, suspend, or deny
88 the license issued to a mobile home dealer if the
89 dealer conducts business during the license period
90 without having in full force and effect a surety bond
91 that complies with the law; requiring each mobile home
92 dealer to deliver to the department evidence of a new
93 or continued garage liability insurance policy;
94 requiring certain policy limits; requiring the
95 department to notify the insurance company of the
96 licensee in writing if the license for the mobile home
97 dealer has been denied, suspended, or revoked;
98 requiring the department to revoke, suspend, or deny
99 the license issued to a mobile home dealer if a dealer
100 conducts business during the license period without
101 having in full force and effect a liability insurance
102 policy; amending s. 320.95, F.S.; authorizing the
103 Department of Highway Safety and Motor Vehicles to
104 collect and use e-mail addresses in lieu of the United
105 States Postal Service to notify motor vehicle owners
106 and registrants; amending s. 322.03, F.S.; providing
107 for part-time residents of the state to be issued a
108 license that is valid within this state only and
109 continue to hold such license until the next regularly
110 scheduled renewal; providing a termination date for
111 “Florida only” licenses; amending s. 322.051, F.S.;
112 providing for the issuance of a duplicate
113 identification card; amending s. 322.08, F.S.;
114 prohibiting the department from issuing a driver's
115 license or identification card to an applicant if the
116 applicant holds a valid driver's license or
117 identification card issued by another state; amending
118 s. 322.095, F.S.; eliminating the requirement that all
119 instructors teaching in the traffic law and substance
120 abuse education program be certified by the
121 department; amending s. 322.201, F.S.; providing that
122 certain records of the department or the clerk of the
123 court are admissible in evidence in all courts of the
124 state; amending s. 322.22, F.S.; authorizing the
125 department to cancel identification cards; amending s.
126 322.2615, F.S.; eliminating the requirement that a
127 copy of the crash report be submitted to the
128 department within 5 days after issuing the notice of
129 suspension; defining the term “lawful breath, blood,
130 or urine test”; amending s. 322.27, F.S.; authorizing
131 the department to suspend the license or
132 identification card of any person; providing the
133 grounds to suspend an identification card; amending s.
134 322.271, F.S.; authorizing the Department of Highway
135 Safety and Motor Vehicles to modify a revocation,
136 cancellation, or suspension order; providing that the
137 department may waive the hearing process for
138 suspensions and revocations upon request by the driver
139 under certain circumstances; amending s. 322.28, F.S.;
140 providing for the period of suspension or revocation
141 of a license; amending s. 322.293, F.S.; providing for
142 the administration of the DUI programs of the
143 department; amending s. 322.64, F.S.; providing for
144 disqualification of a driver of a commercial motor
145 vehicle for certain violations; amending s. 328.30.
146 F.S.; providing that the Department of Highway Safety
147 and Motor Vehicles may issue an electronic certificate
148 of title in lieu of printing a paper title;
149 authorizing the department to collect and use e-mail
150 addresses in lieu of the United States Postal Service
151 to notify vessel owners and registrants; amending s.
152 328.72, F.S.; defining the term “extended registration
153 period”; providing for registration fees for vessels;
154 amending s. 328.80. F.S.; providing that the
155 Department of Highway Safety and Motor Vehicles may
156 accept any vessel application by electronic or
157 telephonic means; authorizing the department to
158 collect and use e-mail addresses in lieu of the United
159 States Postal Service to notify vessel owners and
160 registrants; providing an effective date.
161
162 Be It Enacted by the Legislature of the State of Florida:
163
164 Section 1. Paragraph (c) of subsection (3) of section
165 17.61, Florida Statutes, is amended to read:
166 17.61 Chief Financial Officer; powers and duties in the
167 investment of certain funds.—
168 (3)
169 (c) Except as provided in this paragraph and except for
170 moneys described in paragraph (d), the following agencies shall
171 not invest trust fund moneys as provided in this section, but
172 shall retain such moneys in their respective trust funds for
173 investment, with interest appropriated to the General Revenue
174 Fund, pursuant to s. 17.57:
175 1. The Agency for Health Care Administration, except for
176 the Tobacco Settlement Trust Fund.
177 2. The Agency for Persons with Disabilities, except for:
178 a. The Federal Grants Trust Fund.
179 b. The Tobacco Settlement Trust Fund.
180 3. The Department of Children and Family Services, except
181 for:
182 a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
183 b. The Social Services Block Grant Trust Fund.
184 c. The Tobacco Settlement Trust Fund.
185 d. The Working Capital Trust Fund.
186 4. The Department of Community Affairs, only for the
187 Operating Trust Fund.
188 5. The Department of Corrections.
189 6. The Department of Elderly Affairs, except for:
190 a. The Federal Grants Trust Fund.
191 b. The Tobacco Settlement Trust Fund.
192 7. The Department of Health, except for:
193 a. The Federal Grants Trust Fund.
194 b. The Grants and Donations Trust Fund.
195 c. The Maternal and Child Health Block Grant Trust Fund.
196 d. The Tobacco Settlement Trust Fund.
197 8. The Department of Highway Safety and Motor Vehicles,
198 only for:
199 a. The DUI Programs Coordination Trust Fund.
200 b. the Security Deposits Trust Fund.
201 9. The Department of Juvenile Justice.
202 10. The Department of Law Enforcement.
203 11. The Department of Legal Affairs.
204 12. The Department of State, only for:
205 a. The Grants and Donations Trust Fund.
206 b. The Records Management Trust Fund.
207 13. The Executive Office of the Governor, only for:
208 a. The Economic Development Transportation Trust Fund.
209 b. The Economic Development Trust Fund.
210 14. The Florida Public Service Commission, only for the
211 Florida Public Service Regulatory Trust Fund.
212 15. The Justice Administrative Commission.
213 16. The state courts system.
214 Section 2. Subsection (4) of section 215.20, Florida
215 Statutes, is amended to read:
216 215.20 Certain income and certain trust funds to contribute
217 to the General Revenue Fund.—
218 (4) The income of a revenue nature deposited in the
219 following described trust funds, by whatever name designated, is
220 that from which the appropriations authorized by subsection (3)
221 shall be made:
222 (a) Within the Agency for Health Care Administration, the
223 Health Care Trust Fund.
224 (b) Within the Agency for Workforce Innovation:
225 1. The Employment Security Administration Trust Fund.
226 2. The Special Employment Security Administration Trust
227 Fund.
228 (c) Within the Department of Agriculture and Consumer
229 Services:
230 1. The Conservation and Recreation Lands Program Trust
231 Fund.
232 2. The General Inspection Trust Fund and subsidiary
233 accounts thereof, unless a different percentage is authorized by
234 s. 570.20.
235 3. The Division of Licensing Trust Fund.
236 (d) Within the Department of Business and Professional
237 Regulation:
238 1. The Administrative Trust Fund.
239 2. The Alcoholic Beverage and Tobacco Trust Fund.
240 3. The Cigarette Tax Collection Trust Fund.
241 4. The Division of Florida Condominiums, Timeshares, and
242 Mobile Homes Trust Fund.
243 5. The Hotel and Restaurant Trust Fund, with the exception
244 of those fees collected for the purpose of funding of the
245 hospitality education program as stated in s. 509.302.
246 6. The Professional Regulation Trust Fund.
247 7. The trust funds administered by the Division of Pari
248 mutuel Wagering.
249 (e) Within the Department of Children and Family Services:
250 1. The Administrative Trust Fund.
251 2. The Child Welfare Training Trust Fund.
252 3. The Domestic Violence Trust Fund.
253 4. The Grants and Donations Trust Fund.
254 5. The Operations and Maintenance Trust Fund.
255 (f) Within the Department of Citrus, the Florida Citrus
256 Advertising Trust Fund, including transfers from any subsidiary
257 accounts thereof, unless a different percentage is authorized in
258 s. 601.15(7).
259 (g) Within the Department of Community Affairs, the
260 Operating Trust Fund.
261 (h) Within the Department of Education:
262 1. The Educational Certification and Service Trust Fund.
263 2. The Phosphate Research Trust Fund.
264 (i) Within the Department of Elderly Affairs:
265 1. The Administrative Trust Fund.
266 2. The Federal Grants Trust Fund.
267 3. The Grants and Donations Trust Fund.
268 4. The Operations and Maintenance Trust Fund.
269 (j) Within the Department of Environmental Protection:
270 1. The Administrative Trust Fund.
271 2. The Air Pollution Control Trust Fund.
272 3. The Conservation and Recreation Lands Trust Fund.
273 4. The Ecosystem Management and Restoration Trust Fund.
274 5. The Environmental Laboratory Trust Fund.
275 6. The Florida Coastal Protection Trust Fund.
276 7. The Florida Permit Fee Trust Fund.
277 8. The Grants and Donations Trust Fund.
278 9. The Inland Protection Trust Fund.
279 10. The Internal Improvement Trust Fund.
280 11. The Land Acquisition Trust Fund.
281 12. The Minerals Trust Fund.
282 13. The Nonmandatory Land Reclamation Trust Fund.
283 14. The State Park Trust Fund.
284 15. The Water Quality Assurance Trust Fund.
285 16. The Working Capital Trust Fund.
286 (k) Within the Department of Financial Services:
287 1. The Agents County Tax Trust Fund.
288 2. The Insurance Regulatory Trust Fund.
289 3. The Special Disability Trust Fund.
290 4. The Workers' Compensation Administration Trust Fund.
291 (l) Within the Department of Health:
292 1. The Administrative Trust Fund.
293 2. The Brain and Spinal Cord Injury Program Trust Fund.
294 3. The Donations Trust Fund.
295 4. The Emergency Medical Services Trust Fund.
296 5. The Epilepsy Services Trust Fund.
297 6. The Florida Drug, Device, and Cosmetic Trust Fund.
298 7. The Grants and Donations Trust Fund.
299 8. The Medical Quality Assurance Trust Fund.
300 9. The Nursing Student Loan Forgiveness Trust Fund.
301 10. The Planning and Evaluation Trust Fund.
302 11. The Radiation Protection Trust Fund.
303 (m) Within the Department of Highway Safety and Motor
304 Vehicles, the DUI Programs Coordination Trust Fund.
305 (m)(n) Within the Department of Legal Affairs, the Crimes
306 Compensation Trust Fund.
307 (n)(o) Within the Department of Management Services:
308 1. The Administrative Trust Fund.
309 2. The Architects Incidental Trust Fund.
310 3. The Bureau of Aircraft Trust Fund.
311 4. The Florida Facilities Pool Working Capital Trust Fund.
312 5. The Grants and Donations Trust Fund.
313 6. The Police and Firefighters' Premium Tax Trust Fund.
314 7. The Public Employees Relations Commission Trust Fund.
315 8. The State Personnel System Trust Fund.
316 9. The Supervision Trust Fund.
317 10. The Working Capital Trust Fund.
318 (o)(p) Within the Department of Revenue:
319 1. The Additional Court Cost Clearing Trust Fund.
320 2. The Administrative Trust Fund.
321 3. The Certification Program Trust Fund.
322 4. The Fuel Tax Collection Trust Fund.
323 5. The Local Alternative Fuel User Fee Clearing Trust Fund.
324 6. The Local Option Fuel Tax Trust Fund.
325 7. The Motor Vehicle Rental Surcharge Clearing Trust Fund.
326 8. The Motor Vehicle Warranty Trust Fund.
327 9. The Oil and Gas Tax Trust Fund.
328 10. The Operations Trust Fund.
329 11. The Severance Tax Solid Mineral Trust Fund.
330 12. The State Alternative Fuel User Fee Clearing Trust
331 Fund.
332 13. All taxes levied on motor fuels other than gasoline
333 levied pursuant to the provisions of s. 206.87(1)(a).
334 (p)(q) Within the Department of State:
335 1. The Records Management Trust Fund.
336 2. The trust funds administered by the Division of
337 Historical Resources.
338 (q)(r) Within the Department of Transportation, all income
339 derived from outdoor advertising and overweight violations which
340 is deposited in the State Transportation Trust Fund.
341 (r)(s) Within the Department of Veterans' Affairs:
342 1. The Grants and Donations Trust Fund.
343 2. The Operations and Maintenance Trust Fund.
344 3. The State Homes for Veterans Trust Fund.
345 (s)(t) Within the Division of Administrative Hearings, the
346 Administrative Trust Fund.
347 (t)(u) Within the Fish and Wildlife Conservation
348 Commission:
349 1. The Conservation and Recreation Lands Program Trust
350 Fund.
351 2. The Florida Panther Research and Management Trust Fund.
352 3. The Land Acquisition Trust Fund.
353 4. The Marine Resources Conservation Trust Fund, with the
354 exception of those fees collected for recreational saltwater
355 fishing licenses as provided in s. 379.354.
356 (u)(v) Within the Florida Public Service Commission, the
357 Florida Public Service Regulatory Trust Fund.
358 (v)(w) Within the Justice Administrative Commission, the
359 Indigent Criminal Defense Trust Fund.
360 (w)(x) Within the Office of Financial Regulation of the
361 Financial Services Commission:
362 1. The Administrative Trust Fund.
363 2. The Anti-Fraud Trust Fund.
364 3. The Financial Institutions' Regulatory Trust Fund.
365 4. The Regulatory Trust Fund.
366 The enumeration of the foregoing moneys or trust funds do shall
367 not prohibit the applicability of s. 215.24 should the Governor
368 determine that for the reasons mentioned in s. 215.24 the money
369 or trust funds should be exempt herefrom, as it is the purpose
370 of this law to exempt income from its force and effect when, by
371 the operation of this law, federal matching funds or
372 contributions or private grants to any trust fund would be lost
373 to the state.
374 Section 3. Subsection (1) of section 316.126, Florida
375 Statutes, is amended to read:
376 316.126 Operation of vehicles and actions of pedestrians on
377 approach of authorized emergency vehicle.—
378 (1)(a) Upon the immediate approach of an authorized
379 emergency vehicle, while en route to meet an existing emergency,
380 the driver of every other vehicle shall, when such emergency
381 vehicle is giving audible signals by siren, exhaust whistle, or
382 other adequate device, or visible signals by the use of
383 displayed blue or red lights, yield the right-of-way to the
384 emergency vehicle and shall immediately proceed to a position
385 parallel to, and as close as reasonable to the closest edge of
386 the curb of the roadway, clear of any intersection and shall
387 stop and remain in position until the authorized emergency
388 vehicle has passed, unless otherwise directed by any law
389 enforcement officer.
390 (b) When an authorized emergency vehicle making use of any
391 visual signals is parked or a wrecker displaying amber rotating
392 or flashing lights is performing a recovery or loading on the
393 roadside, the driver of every other vehicle, as soon as it is
394 safe:
395 1. Shall vacate the lane closest to the emergency vehicle
396 or wrecker when driving on an interstate highway or other
397 highway with two or more lanes traveling in the direction of the
398 emergency vehicle or wrecker, except when otherwise directed by
399 a law enforcement officer. If such movement cannot be safely
400 accomplished, the driver shall reduce speed as provided in
401 subparagraph 2.
402 2. Shall slow to a speed that is 20 miles per hour less
403 than the posted speed limit when the posted speed limit is 25
404 miles per hour or greater; or travel at 5 miles per hour when
405 the posted speed limit is 20 miles per hour or less, when
406 driving on a two-lane road, except when otherwise directed by a
407 law enforcement officer.
408 (c) The Department of Highway Safety and Motor Vehicles
409 shall provide an educational awareness campaign informing the
410 motoring public about the Move Over Act. The department shall
411 provide information about the Move Over Act in all newly printed
412 driver's license educational materials after July 1, 2002.
413 This section does shall not relieve the driver of an authorized
414 emergency vehicle from the duty to drive with due regard for the
415 safety of all persons using the highway.
416 Section 4. Subsection (6) of section 316.2085, Florida
417 Statutes, is amended to read:
418 316.2085 Riding on motorcycles or mopeds.—
419 (6) A person under 16 years of age may not:
420 (a) Operate a motorcycle or moped that has a motor with
421 more than 150 cubic centimeters displacement.
422 (b) Rent a motorcycle or a moped.
423 Section 5. Section 319.14, Florida Statutes, is amended to
424 read:
425 319.14 Sale of motor vehicles registered or used as
426 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
427 and nonconforming vehicles, custom vehicles, or street rod
428 vehicles.—
429 (1)(a) A No person may not shall knowingly offer for sale,
430 sell, or exchange any vehicle that has been licensed,
431 registered, or used as a taxicab, police vehicle, or short-term
432 lease vehicle, or a vehicle that has been repurchased by a
433 manufacturer pursuant to a settlement, determination, or
434 decision under chapter 681, until the department has stamped in
435 a conspicuous place on the certificate of title of the vehicle,
436 or its duplicate, words stating the nature of the previous use
437 of the vehicle or the title has been stamped “Manufacturer's Buy
438 Back” to reflect that the vehicle is a nonconforming vehicle. If
439 the certificate of title or duplicate was not so stamped upon
440 initial issuance thereof or if, subsequent to initial issuance
441 of the title, the use of the vehicle is changed to a use
442 requiring the notation provided for in this section, the owner
443 or lienholder of the vehicle shall surrender the certificate of
444 title or duplicate to the department before prior to offering
445 the vehicle for sale, and the department shall stamp the
446 certificate or duplicate as required herein. If When a vehicle
447 has been repurchased by a manufacturer pursuant to a settlement,
448 determination, or decision under chapter 681, the title shall be
449 stamped “Manufacturer's Buy Back” to reflect that the vehicle is
450 a nonconforming vehicle.
451 (b) A No person may not shall knowingly offer for sale,
452 sell, or exchange a rebuilt vehicle until the department has
453 stamped in a conspicuous place on the certificate of title for
454 the vehicle words stating that the vehicle has been rebuilt or
455 assembled from parts, or is a kit car, glider kit, replica, or
456 flood vehicle, custom vehicle, or street rod vehicle unless
457 proper application for a certificate of title for a vehicle that
458 is rebuilt or assembled from parts, or is a kit car, glider kit,
459 replica, or flood vehicle, custom vehicle, or street rod vehicle
460 has been made to the department in accordance with this chapter
461 and the department has conducted the physical examination of the
462 vehicle to assure the identity of the vehicle and all major
463 component parts, as defined in s. 319.30(1), which have been
464 repaired or replaced. Thereafter, the department shall affix a
465 decal to the vehicle, in the manner prescribed by the
466 department, showing the vehicle to be rebuilt.
467 (c) As used in this section, the term:
468 1. “Police vehicle” means a motor vehicle owned or leased
469 by the state or a county or municipality and used in law
470 enforcement.
471 2.a. “Short-term-lease vehicle” means a motor vehicle
472 leased without a driver and under a written agreement to one or
473 more persons from time to time for a period of less than 12
474 months.
475 b. “Long-term-lease vehicle” means a motor vehicle leased
476 without a driver and under a written agreement to one person for
477 a period of 12 months or longer.
478 c. “Lease vehicle” includes both short-term-lease vehicles
479 and long-term-lease vehicles.
480 3. “Rebuilt vehicle” means a motor vehicle or mobile home
481 built from salvage or junk, as defined in s. 319.30(1).
482 4. “Assembled from parts” means a motor vehicle or mobile
483 home assembled from parts or combined from parts of motor
484 vehicles or mobile homes, new or used. “Assembled from parts”
485 does not mean a motor vehicle defined as a “rebuilt vehicle” in
486 subparagraph 3., which has been declared a total loss pursuant
487 to s. 319.30.
488 5. “Kit car” means a motor vehicle assembled with a kit
489 supplied by a manufacturer to rebuild a wrecked or outdated
490 motor vehicle with a new body kit.
491 6. “Glider kit” means a vehicle assembled with a kit
492 supplied by a manufacturer to rebuild a wrecked or outdated
493 truck or truck tractor.
494 7. “Replica” means a complete new motor vehicle
495 manufactured to look like an old vehicle.
496 8. “Flood vehicle” means a motor vehicle or mobile home
497 that has been declared to be a total loss pursuant to s.
498 319.30(3)(a) resulting from damage caused by water.
499 9. “Nonconforming vehicle” means a motor vehicle which has
500 been purchased by a manufacturer pursuant to a settlement,
501 determination, or decision under chapter 681.
502 10. “Settlement” means an agreement entered into between a
503 manufacturer and a consumer that occurs after a dispute is
504 submitted to a program, or an informal dispute settlement
505 procedure established by a manufacturer or is approved for
506 arbitration before the New Motor Vehicle Arbitration Board as
507 defined in s. 681.102.
508 11. “Custom vehicle” means a motor vehicle that:
509 a. Is 25 years of age or older and of a model year after
510 1948, or was manufactured to resemble a vehicle that is 25 years
511 of age or older and of a model year after 1948; and
512 b. Has been altered from the manufacturer's original design
513 or has a body constructed from nonoriginal materials.
514 The model year and year of manufacture which the body of a
515 custom vehicle resembles is the model year and year of
516 manufacture listed on the certificate of title, regardless of
517 when the vehicle was actually manufactured.
518 12. “Street rod” means a motor vehicle that:
519 a. Is a model year of 1948 or older or was manufactured
520 after 1948 to resemble a vehicle of a model year of 1948 or
521 older; and
522 b. Has been altered from the manufacturer's original design
523 or has a body constructed from nonoriginal materials.
524 The model year and year of manufacture which the body of a
525 street rod resembles is the model year and year of manufacture
526 listed on the certificate of title, regardless of when the
527 vehicle was actually manufactured.
528 (2) A No person may not shall knowingly sell, exchange, or
529 transfer a vehicle referred to in subsection (1) without, before
530 prior to consummating the sale, exchange, or transfer,
531 disclosing in writing to the purchaser, customer, or transferee
532 the fact that the vehicle has previously been titled,
533 registered, or used as a taxicab, police vehicle, or short-term
534 lease vehicle, or is a vehicle that is rebuilt or assembled from
535 parts, or is a kit car, glider kit, replica, or flood vehicle,
536 or is a nonconforming vehicle, custom vehicle, or street rod
537 vehicle, as the case may be.
538 (3) Any person who, with intent to offer for sale or
539 exchange any vehicle referred to in subsection (1), knowingly or
540 intentionally advertises, publishes, disseminates, circulates,
541 or places before the public in any communications medium,
542 whether directly or indirectly, any offer to sell or exchange
543 the vehicle shall clearly and precisely state in each such offer
544 that the vehicle has previously been titled, registered, or used
545 as a taxicab, police vehicle, or short-term-lease vehicle or
546 that the vehicle or mobile home is a vehicle that is rebuilt or
547 assembled from parts, or is a kit car, glider kit, replica, or
548 flood vehicle, or is a nonconforming vehicle, custom vehicle, or
549 street rod vehicle, as the case may be. Any person who violates
550 this subsection commits a misdemeanor of the second degree,
551 punishable as provided in s. 775.082 or s. 775.083.
552 (4) If When a certificate of title, including a foreign
553 certificate, is branded to reflect a condition or prior use of
554 the titled vehicle, the brand must be noted on the registration
555 certificate of the vehicle and such brand shall be carried
556 forward on all subsequent certificates of title and registration
557 certificates issued for the life of the vehicle.
558 (5) Any person who knowingly sells, exchanges, or offers to
559 sell or exchange a motor vehicle or mobile home contrary to the
560 provisions of this section or any officer, agent, or employee of
561 a person who knowingly authorizes, directs, aids in, or consents
562 to the sale, exchange, or offer to sell or exchange a motor
563 vehicle or mobile home contrary to the provisions of this
564 section commits a misdemeanor of the second degree, punishable
565 as provided in s. 775.082 or s. 775.083.
566 (6) Any person who removes a rebuilt decal from a rebuilt
567 vehicle with the intent to conceal the rebuilt status of the
568 vehicle commits a felony of the third degree, punishable as
569 provided in s. 775.082, s. 775.083, or s. 775.084.
570 (7) This section applies to a mobile home, travel trailer,
571 camping trailer, truck camper, or fifth-wheel recreation trailer
572 only when the such mobile home or vehicle is a rebuilt vehicle
573 or is assembled from parts.
574 (8) A No person is not shall be liable or accountable in
575 any civil action arising out of a violation of this section if
576 the designation of the previous use or condition of the motor
577 vehicle is not noted on the certificate of title and
578 registration certificate of the vehicle which was received by,
579 or delivered to, such person, unless the such person has
580 actively concealed the prior use or condition of the vehicle
581 from the purchaser.
582 (9) Subsections (1), (2), and (3) do not apply to the
583 transfer of ownership of a motor vehicle after the motor vehicle
584 has ceased to be used as a lease vehicle and the ownership has
585 been transferred to an owner for private use or to the transfer
586 of ownership of a nonconforming vehicle with 36,000 or more
587 miles on its odometer, or 34 months whichever is later and the
588 ownership has been transferred to an owner for private use. Such
589 owner, as shown on the title certificate, may request the
590 department to issue a corrected certificate of title that does
591 not contain the statement of the previous use of the vehicle as
592 a lease vehicle or condition as a nonconforming vehicle.
593 Section 6. Subsection (1) of section 319.32, Florida
594 Statutes, is amended to read:
595 319.32 Fees; service charges; disposition.—
596 (1) The department shall charge a fee of $24 for each
597 original certificate of title except for a certificate of title
598 for a motor vehicle for hire registered under s. 320.08(6), for
599 which the title fee shall be $3, $24 for each duplicate copy of
600 a certificate of title except for a certificate of title for a
601 motor vehicle for hire registered under s. 320.08(6), for which
602 the title fee shall be $3, $2 for each salvage certificate of
603 title, and $3 for each assignment by a lienholder. The
604 department It shall also charge a fee of $2 for noting a lien on
605 a title certificate, which fee shall include the services for
606 the subsequent issuance of a corrected certificate or
607 cancellation of lien when that lien is satisfied. If an
608 application for a certificate of title is for a vehicle that is
609 required to have a physical examination as defined in s.
610 319.14(1) rebuilt vehicle, the department shall charge an
611 additional fee of $40 for each initial inspection and may charge
612 $20 for each subsequent inspection. The physical examination of
613 the vehicle must include, but need not be limited to,
614 verification of the vehicle identification number and
615 verification of the bill of sale or title for major components
616 conducting a physical examination of the vehicle to assure its
617 identity. In addition to all other fees charged, a sum of $1
618 shall be paid for the issuance of an original or duplicate
619 certificate of title to cover the cost of materials used for
620 security purposes.
621 Section 7. Section 319.40, Florida Statutes, is amended to
622 read:
623 319.40 Transactions by electronic or telephonic means.—
624 (1) The department is authorized to accept any application
625 provided for under this chapter by electronic or telephonic
626 means.
627 (2) The department may issue an electronic certificate of
628 title in lieu of printing a paper title.
629 (3) The department may collect and use e-mail addresses of
630 motor vehicle owners and registrants as a notification method in
631 lieu of the United States Postal Service.
632 Section 8. Paragraph (c) of subsection (5) of section
633 320.023, Florida Statutes, is amended to read:
634 320.023 Requests to establish voluntary checkoff on motor
635 vehicle registration application.—
636 (5) A voluntary contribution collected and distributed
637 under this chapter, or any interest earned from those
638 contributions, may not be used for commercial or for-profit
639 activities nor for general or administrative expenses, except as
640 authorized by law.
641 (c) Any voluntary contributions authorized by law must be
642 deposited into and distributed from the Motor Vehicle License
643 Clearing Trust Fund shall only be distributed to an organization
644 under an appropriation by the Legislature.
645 Section 9. Implementation of litigation settlement
646 provisions of Collier v. Dickinson.—
647 (1) Any person who held a driver's license, identification
648 card, or motor vehicle registration that was valid between June
649 1, 2000, and September 30, 2004, is eligible to receive a single
650 $1 credit on a new or renewed motor vehicle registration between
651 July 1, 2009, and June 30, 2010.
652 (2) The revenue generated by s. 320.08046, Florida
653 Statutes, and deposited into the General Revenue Fund shall fund
654 the $1 credit.
655 (3) This section expires July 1, 2011.
656 Section 10. Present subsection (5) of section 320.05,
657 Florida Statutes, is redesignated as subsection (6), and a new
658 subsection (5) is added to that section, to read:
659 320.05 Records of the department; inspection procedure;
660 lists and searches; fees.—
661 (5) The department may provide public access to the
662 National Motor Vehicle Title Information System via an
663 authorized connection with the American Association of Motor
664 Vehicle Administrators in order to access out-of-state motor
665 vehicle records. The department shall adopt a fee schedule to
666 provide for the public-access service, which may not exceed the
667 actual cost of providing the service.
668 Section 11. Subsections (3) and (5) of section 320.0607,
669 Florida Statutes, are amended to read:
670 320.0607 Replacement license plates, validation decal, or
671 mobile home sticker.—
672 (3) Except as provided in subsection (2), in all such
673 cases, upon filing of an application accompanied by a fee of $12
674 $10 plus applicable service charges, the department shall issue
675 a replacement plate, sticker, or decal as the case may be if it
676 is satisfied that the information reported in the application is
677 true. The replacement fee shall be deposited into the Highway
678 Safety Operating Trust Fund.
679 (5) Upon the issuance of an original license plate, the
680 applicant shall pay a fee of $12 $10 to be deposited in the
681 Highway Safety Operating Trust Fund.
682 Section 12. Subsection (1) of section 320.08048, Florida
683 Statutes, is amended to read:
684 320.08048 Sample license plates.—
685 (1) The department is authorized, upon application and
686 payment of a $12 $10 fee per plate, to provide one or more
687 sample regular issuance license plates or specialty license
688 plates based upon availability.
689 Section 13. Section 320.0863, Florida Statutes, is amended
690 to read:
691 320.0863 Custom vehicles and street rods; registration and
692 license plates.—
693 (1) As used in this section, the term:
694 (a) “blue dot tail light” means a red lamp that contains a
695 blue or purple insert that is not more than one inch in diameter
696 and is installed in the rear of a motor vehicle.
697 (b) “Custom vehicle” means a motor vehicle that:
698 1. Is 25 years old or older and of a model year after 1948
699 or was manufactured to resemble a vehicle that is 25 years old
700 or older and of a model year after 1948; and
701 2. Has been altered from the manufacturer's original design
702 or has a body constructed from nonoriginal materials.
703 (c) “Street rod” means a motor vehicle that:
704 1. Is of a model year of 1948 or older or was manufactured
705 after 1948 to resemble a vehicle of a model year of 1948 or
706 older; and
707 2. Has been altered from the manufacturer's original design
708 or has a body constructed from nonoriginal materials.
709 (2) The model year and year of manufacture which the body
710 of a custom vehicle or street rod resembles is the model year
711 and year of manufacture listed on the certificate of title,
712 regardless of when the vehicle was actually manufactured.
713 (2)(3) To register a street rod or custom vehicle as
714 defined in s. 319.14(1)(c), the owner shall apply to the
715 department by submitting a completed application form and
716 providing:
717 (a) The license tax prescribed by s. 320.08(2)(a) and a
718 processing fee of $3;
719 (b) A written statement that the vehicle will not be used
720 for general daily transportation but will be maintained for
721 occasional transportation, exhibitions, club activities,
722 parades, tours, or other functions of public interest and
723 similar uses; and
724 (c) A written statement that the vehicle meets state
725 equipment and safety requirements for motor vehicles. However,
726 the vehicle must meet only the requirements that were in effect
727 in this state as a condition of sale in the year listed as the
728 model year on the certificate of title.
729 (3)(4) The registration numbers and special license plates
730 assigned to such vehicles shall run in a separate series,
731 commencing with “Custom Vehicle 1” or “Street Rod 1,”
732 respectively, and the plates shall be of a distinguishing color
733 and design.
734 (4)(5)(a) A vehicle registered under this section is exempt
735 from any law or local ordinance that requires periodic vehicle
736 inspections or the use and inspection of emission controls.
737 (b) Such vehicle may also be equipped with blue dot tail
738 lights for stop lamps, rear turning indicator lamps, rear hazard
739 lamps, and rear reflectors.
740 Section 14. Subsection (1) of section 320.203, Florida
741 Statutes, is amended to read:
742 320.203 Disposition of biennial license tax moneys.—
743 (1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or (b),
744 (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76 and
745 pursuant to s. 216.351, after the provisions of s. 320.20(1),
746 (2), (3), and (4), and (5) are fulfilled, an amount equal to 50
747 percent of revenues collected from the biennial registrations
748 created in s. 320.07 shall be retained in the Motor Vehicle
749 License Clearing Trust Fund, authorized in s. 215.32(2)(b)2.f.,
750 until July 1. After July 1 of the subsequent fiscal year, an
751 amount equal to 50 percent of revenues collected from the
752 biennial registrations created in s. 320.07 shall be distributed
753 according to ss. 320.08(1), (2), (3), (4)(a) or (b), (6), (7),
754 (8), (9), (10), or (11), 320.08058, 328.76, and 320.20(1), (2),
755 (3), and (4), and (5).
756 Section 15. Subsections (3), (9), (10), (11), (12), (13),
757 and (14) of section 320.27, Florida Statutes, are amended to
758 read:
759 320.27 Motor vehicle dealers.—
760 (3) APPLICATION AND FEE.—The application for the license
761 shall be in such form as may be prescribed by the department and
762 shall be subject to such rules with respect thereto as may be so
763 prescribed by it. Such application shall be verified by oath or
764 affirmation and shall contain a full statement of the name and
765 birth date of the person or persons applying therefor; the name
766 of the firm or copartnership, with the names and places of
767 residence of all members thereof, if such applicant is a firm or
768 copartnership; the names and places of residence of the
769 principal officers, if the applicant is a body corporate or
770 other artificial body; the name of the state under whose laws
771 the corporation is organized; the present and former place or
772 places of residence of the applicant; and prior business in
773 which the applicant has been engaged and the location thereof.
774 Such application shall describe the exact location of the place
775 of business and shall state whether the place of business is
776 owned by the applicant and when acquired, or, if leased, a true
777 copy of the lease shall be attached to the application. The
778 applicant shall certify that the location provides an adequately
779 equipped office and is not a residence; that the location
780 affords sufficient unoccupied space upon and within which
781 adequately to store all motor vehicles offered and displayed for
782 sale; and that the location is a suitable place where the
783 applicant can in good faith carry on such business and keep and
784 maintain books, records, and files necessary to conduct such
785 business, which will be available at all reasonable hours to
786 inspection by the department or any of its inspectors or other
787 employees. The applicant shall certify that the business of a
788 motor vehicle dealer is the principal business which shall be
789 conducted at that location. Such application shall contain a
790 statement that the applicant is either franchised by a
791 manufacturer of motor vehicles, in which case the name of each
792 motor vehicle that the applicant is franchised to sell shall be
793 included, or an independent (nonfranchised) motor vehicle
794 dealer. Such application shall contain such other relevant
795 information as may be required by the department, including
796 evidence that the applicant is insured under a garage liability
797 insurance policy or a general liability insurance policy coupled
798 with a business automobile policy, which shall include, at a
799 minimum, $25,000 combined single-limit liability coverage
800 including bodily injury and property damage protection and
801 $10,000 personal injury protection. Franchise dealers must
802 submit a garage liability insurance policy, and all other
803 dealers must submit a garage liability insurance policy or a
804 general liability insurance policy coupled with a business
805 automobile policy. Such policy shall be for the license period,
806 and evidence of a new or continued policy shall be delivered to
807 the department at the beginning of each license period. Upon
808 making initial application, the applicant shall pay to the
809 department a fee of $300 in addition to any other fees now
810 required by law; upon making a subsequent renewal application,
811 the applicant shall pay to the department a fee of $75 in
812 addition to any other fees now required by law. Upon making an
813 application for a change of location, the person shall pay a fee
814 of $50 in addition to any other fees now required by law. The
815 department shall, in the case of every application for initial
816 licensure, verify whether certain facts set forth in the
817 application are true. Each applicant, general partner in the
818 case of a partnership, or corporate officer and director in the
819 case of a corporate applicant, must file a set of fingerprints
820 with the department for the purpose of determining any prior
821 criminal record or any outstanding warrants. The department
822 shall submit the fingerprints to the Department of Law
823 Enforcement for state processing and forwarding to the Federal
824 Bureau of Investigation for federal processing. The actual cost
825 of state and federal processing shall be borne by the applicant
826 and is in addition to the fee for licensure. The department may
827 issue a license to an applicant pending the results of the
828 fingerprint investigation, which license is fully revocable if
829 the department subsequently determines that any facts set forth
830 in the application are not true or correctly represented.
831 (9) DENIAL, SUSPENSION, OR REVOCATION.—
832 (a) The department may deny, suspend, or revoke any license
833 issued under this section, hereunder or under the provisions of
834 s. 320.77 or s. 320.771, upon proof that a licensee has
835 committed any of the following activities:
836 1. Commission of fraud or willful misrepresentation in
837 application for or in obtaining a license.
838 2. Conviction of a felony.
839 3. Failure to honor a bank draft or check given to a motor
840 vehicle dealer for the purchase of a motor vehicle by another
841 motor vehicle dealer within 10 days after notification that the
842 bank draft or check has been dishonored. If the transaction is
843 disputed, the maker of the bank draft or check shall post a bond
844 in accordance with the provisions of s. 559.917, and a no
845 proceeding for revocation or suspension may not shall be
846 commenced until the dispute is resolved.
847 4. Failure to honor a bank draft or check given to the
848 department for payment of any fees within 10 days after
849 notification that the bank draft or check has been dishonored.
850 If the transaction is disputed, the maker of the bank draft or
851 check shall post a bond in accordance with s. 559.917, and a
852 proceeding for revocation or suspension may not be commenced
853 until the dispute is resolved.
854 (b) The department may deny, suspend, or revoke any license
855 issued hereunder or under the provisions of s. 320.77 or s.
856 320.771 upon proof that a licensee has committed, with
857 sufficient frequency so as to establish a pattern of wrongdoing
858 on the part of a licensee, violations of one or more of the
859 following activities:
860 1. Representation that a demonstrator is a new motor
861 vehicle, or the attempt to sell or the sale of a demonstrator as
862 a new motor vehicle without written notice to the purchaser that
863 the vehicle is a demonstrator. For the purposes of this section,
864 the terms a “demonstrator,” a “new motor vehicle,” and a “used
865 motor vehicle” have the same meaning shall be defined as in
866 under s. 320.60.
867 2. Unjustifiable refusal to comply with a licensee's
868 responsibility under the terms of the new motor vehicle warranty
869 issued by its respective manufacturer, distributor, or importer.
870 However, if such refusal is at the direction of the
871 manufacturer, distributor, or importer, such refusal may shall
872 not be a ground under this section.
873 3. Misrepresentation or false, deceptive, or misleading
874 statements with regard to the sale or financing of motor
875 vehicles which any motor vehicle dealer has, or causes to have,
876 advertised, printed, displayed, published, distributed,
877 broadcast, televised, or made in any manner with regard to the
878 sale or financing of motor vehicles.
879 4. Failure by any motor vehicle dealer to provide a
880 customer or purchaser with an odometer disclosure statement and
881 a copy of any bona fide written, executed sales contract or
882 agreement of purchase connected with the purchase of the motor
883 vehicle purchased by the customer or purchaser.
884 5. Failure of any motor vehicle dealer to comply with the
885 terms of any bona fide written, executed agreement, pursuant to
886 the sale of a motor vehicle.
887 6. Failure to apply for transfer of a title as prescribed
888 in s. 319.23(6).
889 7. Use of the dealer license identification number by any
890 person other than the licensed dealer or his or her designee.
891 8. Failure to continually meet the requirements of the
892 licensure law.
893 9. Representation to a customer or any advertisement to the
894 public representing or suggesting that a motor vehicle is a new
895 motor vehicle if the such vehicle lawfully cannot be titled in
896 the name of the customer or other member of the public by the
897 seller using a manufacturer's statement of origin as permitted
898 in s. 319.23(1).
899 10. Requirement by any motor vehicle dealer that a customer
900 or purchaser accept equipment on his or her motor vehicle which
901 was not ordered by the customer or purchaser.
902 11. Requirement by any motor vehicle dealer that any
903 customer or purchaser finance a motor vehicle with a specific
904 financial institution or company.
905 12. Requirement by any motor vehicle dealer that the
906 purchaser of a motor vehicle contract with the dealer for
907 physical damage insurance.
908 13. Perpetration of a fraud upon any person as a result of
909 dealing in motor vehicles, including, without limitation, the
910 misrepresentation to any person by the licensee of the
911 licensee's relationship to any manufacturer, importer, or
912 distributor.
913 14. Violation of any of the provisions of s. 319.35 by any
914 motor vehicle dealer.
915 15. Sale by a motor vehicle dealer of a vehicle offered in
916 trade by a customer before prior to consummation of the sale,
917 exchange, or transfer of a newly acquired vehicle to the
918 customer, unless the customer provides written authorization for
919 the sale of the trade-in vehicle before prior to delivery of the
920 newly acquired vehicle.
921 16. Willful failure to comply with any administrative rule
922 adopted by the department or the provisions of s. 320.131(8).
923 17. Violation of chapter 319, this chapter, or ss. 559.901
924 559.9221, which has to do with dealing in or repairing motor
925 vehicles or mobile homes. Additionally, in the case of used
926 motor vehicles, the willful violation of the federal law and
927 rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
928 consumer sales window form.
929 18. Failure to maintain evidence of notification to the
930 owner or coowner of a vehicle regarding registration or titling
931 fees owed as required in s. 320.02(16).
932 19. Failure to register a mobile home salesperson with the
933 department as required by this section.
934 20. Failure to obtain an off-premises permit as required in
935 subsection (5).
936 (c) If When a motor vehicle dealer is convicted of a crime
937 which results in his or her being prohibited from continuing in
938 that capacity, the dealer may not continue in any capacity
939 within the industry. The offender shall have no financial
940 interest, management, sales, or other role in the operation of a
941 dealership. Further, the offender may not derive income from the
942 dealership beyond reasonable compensation for the sale of his or
943 her ownership interest in the business.
944 (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
945 (a) Annually, before any license is shall be issued to a
946 motor vehicle dealer, the applicant-dealer of new or used motor
947 vehicles shall deliver to the department a good and sufficient
948 surety bond or irrevocable letter of credit, executed by the
949 applicant-dealer as principal, in the sum of $25,000.
950 (b) Surety bonds and irrevocable letters of credit must
951 shall be in a form to be approved by the department and shall be
952 conditioned that the motor vehicle dealer shall comply with the
953 conditions of any written contract made by the such dealer in
954 connection with the sale or exchange of any motor vehicle and
955 shall not violate any of the provisions of chapter 319 and this
956 chapter in the conduct of the business for which the dealer is
957 licensed. Such bonds and letters of credit shall be to the
958 department and in favor of any person in a retail or wholesale
959 transaction who shall suffer any loss as a result of any
960 violation of the conditions hereinabove contained. If When the
961 department determines that a person has incurred a loss as a
962 result of a violation of chapter 319 or this chapter, it shall
963 notify the person in writing of the existence of the bond or
964 letter of credit. Such bonds and letters of credit shall be for
965 the license period, and a new bond or letter of credit or a
966 proper continuation certificate shall be delivered to the
967 department at the beginning of each license period. However, the
968 aggregate liability of the surety in any one year shall in no
969 event exceed the sum of the bond or, in the case of a letter of
970 credit, the aggregate liability of the issuing bank may shall
971 not exceed the sum of the credit.
972 (c) Surety bonds must shall be executed by a surety company
973 authorized to do business in the state as surety, and
974 irrevocable letters of credit shall be issued by a bank
975 authorized to do business in the state as a bank.
976 (d) Irrevocable letters of credit shall be engaged by a
977 bank as an agreement to honor demands for payment as specified
978 in this section.
979 (e) The department shall, upon denial, suspension, or
980 revocation of any license, notify the surety company of the
981 licensee, or bank issuing an irrevocable letter of credit for
982 the licensee, in writing, that the license has been denied,
983 suspended, or revoked and shall state the reason for such
984 denial, suspension, or revocation.
985 (f) Any surety company which pays any claim against the
986 bond of any licensee or any bank which honors a demand for
987 payment as a condition specified in a letter of credit of a
988 licensee shall notify the department in writing that such action
989 has been taken and shall state the amount of the claim or
990 payment.
991 (g) Any surety company which cancels the bond of any
992 licensee or any bank which cancels an irrevocable letter of
993 credit shall notify the department in writing of such
994 cancellation, giving reason for the cancellation. The insurer
995 may cancel the surety bond by giving written notice of the
996 cancellation to the department. The cancellation of the surety
997 bond is effective no earlier than 30 days after the notice is
998 received by the department.
999 (h) The department shall revoke, suspend, or deny a
1000 dealer's license issued under this chapter if the dealer
1001 conducts business during the license period without having in
1002 full force and effect a surety bond that complies with this
1003 subsection.
1004 (11) LIABILITY INSURANCE REQUIRED.-
1005 (a) Annually, before any license is issued to a franchised
1006 motor vehicle dealer, the applicant for the dealer's license
1007 shall deliver to the department evidence of a new or continued
1008 garage liability insurance policy, executed by the applicant as
1009 principal, which includes, at a minimum, $25,000 combined
1010 single-limit liability coverage, including bodily injury and
1011 property damage protection, and $10,000 personal injury
1012 protection. The policy must cover the period of the issued
1013 license.
1014 (b) Annually, before any license is issued to any other
1015 motor vehicle dealer not included in paragraph (a), the
1016 applicant shall deliver to the department evidence of a new or
1017 continued garage liability insurance policy, or general
1018 liability insurance policy, coupled with a business automobile
1019 policy executed by the applicant as principal, which includes,
1020 at a minimum, $25,000 combined single-limit liability coverage,
1021 including bodily injury and property damage protection, and
1022 $10,000 personal injury protection. The policy must cover the
1023 period of the issued license.
1024 (c) The insurance requirement set forth in paragraphs (a)
1025 and (b) must be in a form approved by the department and must be
1026 conditioned on the motor vehicle dealer complying with the
1027 conditions of any written contract made by the dealer in
1028 connection with the sale or exchange of any recreational vehicle
1029 and not violating any provision of chapter 319 or this chapter
1030 in the conduct of the business for which the dealer is licensed.
1031 Such evidence of liability insurance shall be to the department
1032 and in favor of any person in a retail or wholesale transaction
1033 who suffers any loss as a result of a violation of this section.
1034 If the department determines that a person has incurred a loss
1035 as a result of a violation of chapter 319 or this chapter, the
1036 department shall notify the person in writing of the existence
1037 of the garage liability insurance.
1038 (d) The liability insurance shall be executed by an
1039 insurance company authorized to do business in the state.
1040 (e) The department shall, upon denial, suspension, or
1041 revocation of any license, notify the insurance company of the
1042 licensee in writing that the license has been denied, suspended,
1043 or revoked and state the reason for the denial, suspension, or
1044 revocation.
1045 (f) An insurance company that pays any claim against the
1046 bond of any licensee shall notify the department in writing that
1047 such action has been taken and state the amount of the claim or
1048 payment.
1049 (g) An insurance company that cancels the insurance of any
1050 licensee shall notify the department in writing of such
1051 cancellation, giving reason for the cancellation. The insurance
1052 company may cancel the liability insurance by giving written
1053 notice of the cancellation to the department. The cancellation
1054 of the liability insurance is effective no earlier than 30 days
1055 after the notice is received by the department.
1056 (h) The department shall revoke, suspend, or deny a
1057 dealer's license issued under this chapter if the dealer
1058 conducts business during the license period without having in
1059 full force and effect liability insurance that complies with
1060 this subsection.
1061 (12)(11) INJUNCTION.—In addition to the remedies provided
1062 in this chapter and notwithstanding the existence of any
1063 adequate remedy at law, the department may apply is authorized
1064 to make application to any circuit court of the state, and such
1065 circuit court shall have jurisdiction, upon a hearing and for
1066 cause shown, to grant a temporary or permanent injunction, or
1067 both, restraining any person from acting as a motor vehicle
1068 dealer under the terms of this section without being properly
1069 licensed hereunder, from violating or continuing to violate any
1070 of the provisions of chapter 319, this chapter, or ss. 559.901
1071 559.9221, or for failing or refusing to comply with the
1072 requirements of chapter 319, this chapter, or ss. 559.901
1073 559.9221, or any rule or regulation adopted thereunder, such
1074 injunction to be issued without bond. A single act in violation
1075 of the provisions of chapter 319, this chapter, or chapter 559
1076 is shall be sufficient to authorize the issuance of an
1077 injunction.
1078 (13)(12) CIVIL FINES; PROCEDURE.—In addition to the
1079 exercise of other powers provided in this section, the
1080 department may levy and collect a civil fine, in an amount not
1081 to exceed $1,000 for each violation, against any licensee if it
1082 finds that the licensee has violated any provision of this
1083 section or has violated any other law of this state or the
1084 federal law and administrative rule set forth in paragraph
1085 (9)(a) related to dealing in motor vehicles. A Any licensee is
1086 shall be entitled to a hearing pursuant to chapter 120 if the
1087 licensee contests the fine levied, or about to be levied, upon
1088 him or her.
1089 (14)(13) DEPOSIT AND USE OF FEES.—The fees charged
1090 applicants for both the required background investigation and
1091 the computerized card as provided in this section shall be
1092 deposited into the Highway Safety Operating Trust Fund and shall
1093 be used to cover the cost of such service.
1094 (15)(14) EXEMPTION.—The provisions of This section does do
1095 not apply to persons who sell or deliver motorized disability
1096 access vehicles as defined in s. 320.01.
1097 Section 16. Subsection (1) of section 320.642, Florida
1098 Statutes, is amended to read:
1099 320.642 Dealer licenses in areas previously served;
1100 procedure.—
1101 (1) Any licensee who proposes to establish an additional
1102 motor vehicle dealership or permit the relocation of an existing
1103 dealer to a location within a community or territory where the
1104 same line-make vehicle is presently represented by a franchised
1105 motor vehicle dealer or dealers shall give written notice of its
1106 intention to the department. Such notice shall state:
1107 (a) The specific location at which the additional or
1108 relocated motor vehicle dealership will be established.
1109 (b) The date on or after which the licensee intends to be
1110 engaged in business with the additional or relocated motor
1111 vehicle dealer at the proposed location.
1112 (c) The identity of all motor vehicle dealers who are
1113 franchised to sell the same line-make vehicle with licensed
1114 locations in the county or any contiguous county to the county
1115 where the additional or relocated motor vehicle dealer is
1116 proposed to be located.
1117 (d) The names and addresses of the dealer-operator and
1118 principal investors in the proposed additional or relocated
1119 motor vehicle dealership.
1120 Immediately upon receipt of such notice the department shall
1121 cause a notice to be published in the Florida Administrative
1122 Weekly. The published notice shall state that a petition or
1123 complaint by any dealer with standing to protest pursuant to
1124 subsection (3) must be filed not more than 30 days from the date
1125 of publication of the notice in the Florida Administrative
1126 Weekly. The published notice shall describe and identify the
1127 proposed dealership sought to be licensed, and the department
1128 shall mail cause a copy of the notice to be mailed to those
1129 dealers identified in the licensee's notice under paragraph (c).
1130 The department shall assess the licensee a fee of $75 to pay for
1131 the cost of publication and a service charge of $2.50 for each
1132 publication that is handled in connection with establishing an
1133 additional motor vehicle dealership or relocating an existing
1134 dealership.
1135 Section 17. Subsection (16) of section 320.77, Florida
1136 Statutes, is amended, and subsection (17) is added to that
1137 section, to read:
1138 320.77 License required of mobile home dealers.—
1139 (16) SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF
1140 CREDIT REQUIRED.—
1141 (a) Before any license is shall be issued or renewed, the
1142 applicant or licensee shall deliver to the department a good and
1143 sufficient surety bond, cash bond, or irrevocable letter of
1144 credit, executed by the applicant or licensee as principal. The
1145 bond or irrevocable letter of credit shall be in a form to be
1146 approved by the department and must shall be conditioned upon
1147 the dealer's complying with the conditions of any written
1148 contract made by the dealer in connection with the sale,
1149 exchange, or improvement of any mobile home and his or her not
1150 violating any of the provisions of chapter 319 or this chapter
1151 in the conduct of the business for which the dealer is licensed.
1152 The bond or irrevocable letter of credit shall be to the
1153 department and in favor of any retail customer who shall suffer
1154 any loss as a result of any violation of the conditions
1155 contained in this section. The bond or irrevocable letter of
1156 credit shall be for the license period, and a new bond or
1157 irrevocable letter of credit or a proper continuation
1158 certificate shall be delivered to the department at the
1159 beginning of each license period. However, the aggregate
1160 liability of the surety in any one license year may not shall in
1161 no event exceed the sum of such bond, or, in the case of a
1162 letter of credit, the aggregate liability of the issuing bank
1163 may shall not exceed the sum of the credit. The amount of the
1164 bond required shall be as follows:
1165 1. A single dealer who buys, sells, or deals in mobile
1166 homes and who has four or fewer supplemental licenses shall
1167 provide a surety bond, cash bond, or irrevocable letter of
1168 credit executed by the dealer applicant or licensee in the
1169 amount of $25,000.
1170 2. A single dealer who buys, sells, or deals in mobile
1171 homes and who has more than four supplemental licenses shall
1172 provide a surety bond, cash bond, or irrevocable letter of
1173 credit executed by the dealer applicant or licensee in the
1174 amount of $50,000.
1175 For the purposes of this paragraph, any person who buys, sells,
1176 or deals in both mobile homes and recreational vehicles shall
1177 provide the same surety bond required of dealers who buy, sell,
1178 or deal in mobile homes only.
1179 (b) Surety bonds shall be executed by a surety company
1180 authorized to do business in the state as surety, and
1181 irrevocable letters of credit shall be issued by a bank
1182 authorized to do business in the state as a bank.
1183 (c) Irrevocable letters of credit shall be engaged by a
1184 bank as an agreement to honor demands for payment as specified
1185 in this section.
1186 (d) The department shall, upon denial, suspension, or
1187 revocation of any license, notify the surety company of the
1188 licensee or bank issuing an irrevocable letter of credit for the
1189 licensee, in writing, that the license has been denied,
1190 suspended, or revoked and shall state the reason for such
1191 denial, suspension, or revocation.
1192 (e) Any surety company that pays any claim against the bond
1193 of any licensee or any bank that honors a demand for payment as
1194 a condition specified in a letter of credit of a licensee shall
1195 notify the department, in writing, that such action has been
1196 taken and shall state the amount of the claim or payment.
1197 (f) Any surety company that cancels the bond of any
1198 licensee or any bank that cancels an irrevocable letter of
1199 credit shall notify the department, in writing, of such
1200 cancellation, giving reason for the cancellation. The insurer
1201 may cancel the surety bond by giving written notice of the
1202 cancellation to the department. The cancellation of the surety
1203 bond is effective no earlier than 30 days after the notice is
1204 received by the department.
1205 (g) The department shall revoke, suspend, or deny a
1206 dealer's license issued under this chapter if the dealer
1207 conducts business during the license period without having in
1208 full force and effect a surety bond that complies with this
1209 subsection.
1210 (17) GARAGE LIABILITY INSURANCE REQUIRED.-Any person who
1211 buys, sells, or deals in both mobile homes and recreational
1212 vehicles shall provide the same garage liability insurance
1213 required of dealers who buy, sell, or deal only in recreational
1214 vehicles.
1215 (a) Before any license is issued or renewed, the applicant
1216 shall deliver to the department evidence of a new or continued
1217 garage liability insurance policy or a general liability
1218 insurance policy coupled with a business automobile policy,
1219 executed by the applicant as principal, which shall include, at
1220 minimum, $25,000 combined single-limit liability coverage,
1221 including bodily injury and property damage protection, and
1222 $10,000 personal injury protection. The policy shall be for the
1223 license period.
1224 (b) Proof of garage liability must be in a form approved by
1225 the department and conditioned upon the dealer complying with
1226 the conditions of any written contract made by that dealer in
1227 connection with the sale, exchange, or improvement of any
1228 recreational vehicle and not violating any provision of chapter
1229 319 or this chapter in the conduct of the business for which he
1230 or she is licensed. The garage liability insurance shall be to
1231 the department and in favor of any retail customer who suffers
1232 any loss as a result of any violation of this section.
1233 (c) The department shall, upon denial, suspension, or
1234 revocation of any license, notify the insurance company of the
1235 licensee in writing that the license has been denied, suspended,
1236 or revoked and state the reason for such denial, suspension, or
1237 revocation.
1238 (d) An insurance company that pays any claim against the
1239 bond of any licensee shall notify the department in writing that
1240 such action has been taken and the amount of the claim or
1241 payment.
1242 (e) An insurance company that cancels the insurance of any
1243 licensee shall notify the department in writing of the
1244 cancellation, giving the reason for the cancellation. The
1245 insurance company may cancel the liability insurance by giving
1246 written notice of the cancellation to the department. The
1247 cancellation of the liability insurance is effective no earlier
1248 than 30 days after the notice is received by the department.
1249 (f) The department shall revoke, suspend, or deny a
1250 dealer's license issued under this chapter if the dealer
1251 conducts business during the license period without having in
1252 full force and effect garage liability insurance that complies
1253 with this subsection.
1254 Section 18. Section 320.95, Florida Statutes, is amended to
1255 read:
1256 320.95 Transactions by electronic or telephonic means.—
1257 (1) The department may is authorized to accept any
1258 application provided for under this chapter by electronic or
1259 telephonic means.
1260 (2) The department may collect and use e-mail addresses of
1261 motor vehicle owners and registrants as a notification method in
1262 lieu of the United States Postal Service.
1263 Section 19. Subsection (1) of section 322.03, Florida
1264 Statutes, is amended to read:
1265 322.03 Drivers must be licensed; penalties.—
1266 (1) Except as otherwise authorized in this chapter, a
1267 person may not drive any motor vehicle upon a highway in this
1268 state unless such person has a valid driver's license issued
1269 under the provisions of this chapter.
1270 (a) A person who drives a commercial motor vehicle may
1271 shall not receive a driver's license unless and until he or she
1272 surrenders to the department all driver's licenses in his or her
1273 possession issued to him or her by any other jurisdiction or
1274 makes an affidavit that he or she does not possess a driver's
1275 license. Any such person who fails to surrender such licenses or
1276 who makes a false affidavit concerning such licenses commits is
1277 guilty of a misdemeanor of the first degree, punishable as
1278 provided in s. 775.082 or s. 775.083.
1279 (b) A person who does not drive a commercial motor vehicle
1280 is not required to surrender a license issued by another
1281 jurisdiction, upon a showing to the department that such license
1282 is necessary because of employment or part-time residence. Any
1283 person who retains a driver's license because of employment or
1284 part-time residence shall, upon qualifying for a license in this
1285 state, be issued a driver's license which shall be valid within
1286 this state only. All surrendered licenses may be returned by the
1287 department to the issuing jurisdiction together with information
1288 that the licensee is now licensed in a new jurisdiction or may
1289 be destroyed by the department, which shall notify the issuing
1290 jurisdiction of such destruction. A person may not have more
1291 than one valid Florida driver's license at any time.
1292 (c) Part-time residents of this state issued a license that
1293 is valid within this state only under paragraph (b) as that
1294 paragraph existed before June 30, 2009, may continue to hold
1295 such license until the next regularly scheduled renewal.
1296 Licenses that are identified as “Valid in Florida Only” may not
1297 be issued or renewed effective July 1, 2009. This paragraph
1298 expires June 30, 2017.
1299 Section 20. Subsection (3) of section 322.051, Florida
1300 Statutes, is amended to read:
1301 322.051 Identification cards.—
1302 (3) If an identification card issued under this section is
1303 lost, destroyed, or mutilated or a new name is acquired, the
1304 person to whom it was issued may obtain a duplicate upon
1305 furnishing satisfactory proof of such fact to the department and
1306 upon payment of the applicable fee under s. 322.21 a fee of $10
1307 for such duplicate, $2.50 of which shall be deposited into the
1308 General Revenue Fund and $7.50 into the Highway Safety Operating
1309 Trust Fund. The fee must shall include payment for the color
1310 photograph or digital image of the applicant. Any person who
1311 loses an identification card and who, after obtaining a
1312 duplicate, finds the original card shall immediately surrender
1313 the original card to the department. The same documentary
1314 evidence must shall be furnished for a duplicate as for an
1315 original identification card.
1316 Section 21. Present subsection (6) of section 322.08,
1317 Florida Statutes, is redesignated as subsection (7), and a new
1318 subsection (6) is added to that section, to read:
1319 322.08 Application for license.—
1320 (6) The department may not issue a driver's license or
1321 identification card, as described in s. 322.051, to an applicant
1322 if the applicant holds a valid driver's license or
1323 identification card issued by any state.
1324 Section 22. Subsection (1) of section 322.095, Florida
1325 Statutes, is amended to read:
1326 322.095 Traffic law and substance abuse education program
1327 for driver's license applicants.—
1328 (1) The Department of Highway Safety and Motor Vehicles
1329 must approve traffic law and substance abuse education courses
1330 that must be completed by applicants for a Florida driver's
1331 license. The curricula for the courses must provide instruction
1332 on the physiological and psychological consequences of the abuse
1333 of alcohol and other drugs, the societal and economic costs of
1334 alcohol and drug abuse, the effects of alcohol and drug abuse on
1335 the driver of a motor vehicle, and the laws of this state
1336 relating to the operation of a motor vehicle. All instructors
1337 teaching the courses shall be certified by the department.
1338 Section 23. Section 322.201, Florida Statutes, is amended
1339 to read:
1340 322.201 Records as evidence.—A copy, computer copy, or
1341 transcript of all abstracts of crash reports and all abstracts
1342 of court records of convictions received by the department and
1343 the complete driving record of any individual duly certified by
1344 machine imprint of the department or by machine imprint of the
1345 clerk of a court shall be received as evidence in all courts of
1346 this state without further authentication, provided the same is
1347 otherwise admissible in evidence. Further, any court or the
1348 office of the clerk of any court of this state which is
1349 electronically connected by a terminal device to the computer
1350 data center of the department may use as evidence in any case
1351 the information obtained by this device from the records of the
1352 department without need of such certification; however, if a
1353 genuine issue as to the authenticity of such information is
1354 raised by a party or by the court, the court in its sound
1355 discretion may require that a record certified by the department
1356 be submitted for admission into evidence. For such computer
1357 copies generated by a terminal device of a court or clerk of
1358 court, entry in a driver's record that the notice required by s.
1359 322.251 was given shall constitute sufficient evidence that such
1360 notice was given.
1361 Section 24. Section 322.22, Florida Statutes, is amended to
1362 read:
1363 322.22 Authority of department to cancel license or
1364 identification card.—
1365 (1) The department may is authorized to cancel any driver's
1366 license or identification card, upon determining that the
1367 licensee or identification cardholder was not entitled to the
1368 issuance thereof, or that the licensee or identification
1369 cardholder failed to give the required or correct information in
1370 his or her application or committed any fraud in making such
1371 application, or that the licensee or identification cardholder
1372 has two or more licenses on file with the department, each in a
1373 different name but bearing the photograph of the licensee or
1374 identification cardholder, unless the licensee or identification
1375 cardholder has complied with the requirements of this chapter in
1376 obtaining the licenses or identification cards. The department
1377 may cancel any driver's license, identification card, vehicle or
1378 vessel registration, or fuel-use decal if the licensee or
1379 identification cardholder fails to pay the correct fee or pays
1380 for the driver's license, identification card, vehicle or vessel
1381 registration, or fuel-use decal; pays any tax liability,
1382 penalty, or interest specified in chapter 207; or pays any
1383 administrative, delinquency, or reinstatement fee by a
1384 dishonored check.
1385 (2) Upon such cancellation, the licensee or identification
1386 cardholder must surrender to the department the license or
1387 identification card so canceled.
1388 Section 25. Subsection (2) of section 322.2615, Florida
1389 Statutes, is amended, and subsection (17) is added to that
1390 section, to read:
1391 322.2615 Suspension of license; right to review.—
1392 (2) Except as provided in paragraph (1)(a), the law
1393 enforcement officer shall forward to the department, within 5
1394 days after issuing the notice of suspension, the driver's
1395 license; an affidavit stating the officer's grounds for belief
1396 that the person was driving or in actual physical control of a
1397 motor vehicle while under the influence of alcoholic beverages
1398 or chemical or controlled substances; the results of any breath
1399 or blood test or an affidavit stating that a breath, blood, or
1400 urine test was requested by a law enforcement officer or
1401 correctional officer and that the person refused to submit; the
1402 officer's description of the person's field sobriety test, if
1403 any; and the notice of suspension; and a copy of the crash
1404 report, if any. The failure of the officer to submit materials
1405 within the 5-day period specified in this subsection and in
1406 subsection (1) does not affect the department's ability to
1407 consider any evidence submitted at or prior to the hearing. The
1408 officer may also submit a copy of the crash report or a copy of
1409 a videotape of the field sobriety test or the attempt to
1410 administer such test. Materials submitted to the department by a
1411 law enforcement agency or correctional agency shall be
1412 considered self-authenticating and shall be in the record for
1413 consideration by the hearing officer. Notwithstanding s.
1414 316.066(7), the crash report shall be considered by the hearing
1415 officer.
1416 (17) Notwithstanding s. 316.1932, the term “lawful breath,
1417 blood, or urine test” means any test approved by the Department
1418 of Law Enforcement.
1419 Section 26. Section 322.27, Florida Statutes, is amended to
1420 read:
1421 322.27 Authority of department to suspend or revoke license
1422 or identification card.—
1423 (1) Notwithstanding any provisions to the contrary in
1424 chapter 120, the department may is hereby authorized to suspend
1425 the license or identification card of any person without
1426 preliminary hearing upon a showing of its records or other
1427 sufficient evidence that the licensee or identification
1428 cardholder:
1429 (a) Has committed an offense for which mandatory revocation
1430 of license is required upon conviction. A law enforcement agency
1431 must provide information to the department within 24 hours after
1432 any traffic fatality or when the law enforcement agency
1433 initiates action under pursuant to s. 316.1933;
1434 (b) Has been convicted of a violation of any traffic law
1435 which resulted in a crash that caused the death or personal
1436 injury of another or property damage in excess of $500;
1437 (c) Is incompetent to drive a motor vehicle;
1438 (d) Has permitted an unlawful or fraudulent use of such
1439 license or identification card or has knowingly been a party to
1440 the obtaining of a license or identification card by fraud or
1441 misrepresentation or to display, or represent as one's own, any
1442 driver's license or identification card not issued him or her.
1443 Provided, However, no provision of this section does not shall
1444 be construed to include the provisions of s. 322.32(1);
1445 (e) Has committed an offense in another state which if
1446 committed in this state would be grounds for suspension or
1447 revocation; or
1448 (f) Has committed a second or subsequent violation of s.
1449 316.172(1) within a 5-year period of any previous violation.
1450 (2) The department shall suspend the license of any person
1451 without preliminary hearing upon a showing of its records that
1452 the licensee has been convicted in any court having jurisdiction
1453 over offenses committed under this chapter or any other law of
1454 this state regulating the operation of a motor vehicle on the
1455 highways, upon direction of the court, when the court feels that
1456 the seriousness of the offense and the circumstances surrounding
1457 the conviction warrant the suspension of the licensee's driving
1458 privilege.
1459 (3) There is established a point system for evaluation of
1460 convictions of violations of motor vehicle laws or ordinances,
1461 and violations of applicable provisions of s. 403.413(6)(b) when
1462 such violations involve the use of motor vehicles, for the
1463 determination of the continuing qualification of any person to
1464 operate a motor vehicle. The department is authorized to suspend
1465 the license of any person upon showing of its records or other
1466 good and sufficient evidence that the licensee has been
1467 convicted of violation of motor vehicle laws or ordinances, or
1468 applicable provisions of s. 403.413(6)(b), amounting to 12 or
1469 more points as determined by the point system. The suspension
1470 shall be for a period of not more than 1 year.
1471 (a) When a licensee accumulates 12 points within a 12-month
1472 period, the period of suspension shall be for not more than 30
1473 days.
1474 (b) When a licensee accumulates 18 points, including points
1475 upon which suspension action is taken under paragraph (a),
1476 within an 18-month period, the suspension shall be for a period
1477 of not more than 3 months.
1478 (c) When a licensee accumulates 24 points, including points
1479 upon which suspension action is taken under paragraphs (a) and
1480 (b), within a 36-month period, the suspension shall be for a
1481 period of not more than 1 year.
1482 (d) The point system shall have as its basic element a
1483 graduated scale of points assigning relative values to
1484 convictions of the following violations:
1485 1. Reckless driving, willful and wanton—4 points.
1486 2. Leaving the scene of a crash resulting in property
1487 damage of more than $50—6 points.
1488 3. Unlawful speed resulting in a crash—6 points.
1489 4. Passing a stopped school bus—4 points.
1490 5. Unlawful speed:
1491 a. Not in excess of 15 miles per hour of lawful or posted
1492 speed—3 points.
1493 b. In excess of 15 miles per hour of lawful or posted
1494 speed—4 points.
1495 6. A violation of a traffic control signal device as
1496 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
1497 7. All other moving violations (including parking on a
1498 highway outside the limits of a municipality)—3 points. However,
1499 no points shall be imposed for a violation of s. 316.0741 or s.
1500 316.2065(12).
1501 8. Any moving violation covered above, excluding unlawful
1502 speed, resulting in a crash—4 points.
1503 9. Any conviction under s. 403.413(6)(b)—3 points.
1504 10. Any conviction under s. 316.0775(2)—4 points.
1505 (e) A conviction in another state of a violation therein
1506 which, if committed in this state, would be a violation of the
1507 traffic laws of this state, or a conviction of an offense under
1508 any federal law substantially conforming to the traffic laws of
1509 this state, except a violation of s. 322.26, may be recorded
1510 against a driver on the basis of the same number of points
1511 received had the conviction been made in a court of this state.
1512 (f) In computing the total number of points, when the
1513 licensee reaches the danger zone, the department is authorized
1514 to send the licensee a warning letter advising that any further
1515 convictions may result in suspension of his or her driving
1516 privilege.
1517 (g) The department shall administer and enforce the
1518 provisions of this law and may make rules and regulations
1519 necessary for its administration.
1520 (h) Three points shall be deducted from the driver history
1521 record of any person whose driving privilege has been suspended
1522 only once pursuant to this subsection and has been reinstated,
1523 if such person has complied with all other requirements of this
1524 chapter.
1525 (i) This subsection shall not apply to persons operating a
1526 nonmotorized vehicle for which a driver's license is not
1527 required.
1528 (4) The department, in computing the points and period of
1529 time for suspensions under this section, shall use the offense
1530 date of all convictions.
1531 (5) The department shall revoke the license of any person
1532 designated a habitual offender, as set forth in s. 322.264, and
1533 such person shall not be eligible to be relicensed for a minimum
1534 of 5 years from the date of revocation, except as provided for
1535 in s. 322.271. Any person whose license is revoked may, by
1536 petition to the department, show cause why his or her license
1537 should not be revoked.
1538 (6) The department shall revoke the driving privilege of
1539 any person who is convicted of a felony for the possession of a
1540 controlled substance if, at the time of such possession, the
1541 person was driving or in actual physical control of a motor
1542 vehicle. A person whose driving privilege has been revoked
1543 pursuant to this subsection shall not be eligible to receive a
1544 limited business or employment purpose license during the term
1545 of such revocation.
1546 (7) Review of an order of suspension or revocation shall be
1547 by writ of certiorari as provided in s. 322.31.
1548 Section 27. Subsection (2) of section 322.271, Florida
1549 Statutes, is amended to read:
1550 322.271 Authority to modify revocation, cancellation, or
1551 suspension order.—
1552 (2)(a) At Upon such hearing, the person whose license has
1553 been suspended, canceled, or revoked may show that such
1554 suspension, cancellation, or revocation of his or her license
1555 causes a serious hardship and precludes the person from person's
1556 carrying out his or her normal business occupation, trade, or
1557 employment and that the use of the person's license in the
1558 normal course of his or her business is necessary to the proper
1559 support of the person or his or her family.
1560 (a) Except as otherwise provided in this subsection, the
1561 department shall require proof of the successful completion of
1562 the applicable department-approved driver training course
1563 operating pursuant to s. 318.1451 or DUI program substance abuse
1564 education course and evaluation as provided in s. 316.193(5).
1565 Letters of recommendation from respected business persons in the
1566 community, law enforcement officers, or judicial officers may
1567 also be required to determine whether the such person should be
1568 permitted to operate a motor vehicle on a restricted basis for
1569 business or employment use only and in determining whether such
1570 person can be trusted to so operate a motor vehicle. If a
1571 driver's license has been suspended under the point system or
1572 under pursuant to s. 322.2615, the department shall require
1573 proof of enrollment in the applicable department-approved driver
1574 training course or licensed DUI program substance abuse
1575 education course, including evaluation and treatment, if
1576 referred, and may require letters of recommendation described in
1577 this paragraph subsection to determine if the driver should be
1578 reinstated on a restricted basis. If the such person fails to
1579 complete the approved course within 90 days after reinstatement
1580 or subsequently fails to complete treatment, if applicable, the
1581 department shall cancel his or her driver's license until the
1582 course and treatment, if applicable, is successfully completed,
1583 notwithstanding the terms of the court order or any suspension
1584 or revocation of the driving privilege. The department may
1585 temporarily reinstate the driving privilege on a restricted
1586 basis upon verification from the DUI program that the offender
1587 has reentered and is currently participating in treatment and
1588 has completed the DUI education course and evaluation
1589 requirement. If the DUI program notifies the department of the
1590 second failure to complete treatment, the department shall
1591 reinstate the driving privilege only after notice of completion
1592 of treatment from the DUI program. The privilege of driving on a
1593 limited or restricted basis for business or employment use may
1594 shall not be granted to a person who has been convicted of a
1595 violation of s. 316.193 until completion of the DUI program
1596 substance abuse education course and evaluations as provided in
1597 s. 316.193(5). Except as provided in paragraph (c) (b), the
1598 privilege of driving on a limited or restricted basis for
1599 business or employment use may shall not be granted to a person
1600 whose license is revoked pursuant to s. 322.28 or suspended
1601 pursuant to s. 322.2615 and who has been convicted of a
1602 violation of s. 316.193 two or more times or whose license has
1603 been suspended two or more times for refusal to submit to a test
1604 pursuant to s. 322.2615 or former s. 322.261.
1605 (b) The department may waive the hearing process for
1606 suspensions and revocations upon request by the driver if the
1607 driver has enrolled or completed the applicable driver training
1608 course approved under s. 318.1451 or the DUI program substance
1609 abuse education course and evaluation provided in s. 316.193(5).
1610 However, the department may not waive the hearing for
1611 suspensions or revocations that involve death or serious bodily
1612 injury, multiple convictions for violations of s. 316.193
1613 pursuant to s. 322.27(5), or a second or subsequent suspension
1614 or revocation pursuant to the same provision of this chapter.
1615 This paragraph does not preclude the department from requiring a
1616 hearing for any suspension or revocation that it determines is
1617 warranted based on the severity of the offense.
1618 (c)(b) A person whose license has been revoked for a period
1619 of 5 years or less pursuant to s. 322.28(2)(a) may, upon the
1620 expiration of 12 months after the date the said revocation was
1621 imposed, petition the department for reinstatement of his or her
1622 driving privilege on a restricted basis. A person whose license
1623 has been revoked for a period of more than 5 years under s.
1624 322.28(2)(a) may, upon the expiration of 24 months after the
1625 date the revocation was imposed, petition the department for
1626 reinstatement of his or her driving privilege on a restricted
1627 basis. Reinstatement under of the driving privilege pursuant to
1628 this subsection is shall be restricted to business or employment
1629 purposes only. In addition, the department shall require such
1630 persons upon reinstatement to have not driven and to have been
1631 drug free for at least 12 months immediately before the prior to
1632 such reinstatement, to be supervised by a DUI program licensed
1633 by the department, and to report to the program at least three
1634 times a year as required by the program for the duration of the
1635 revocation period for supervision. Such supervision includes
1636 shall include evaluation, education, referral into treatment,
1637 and other activities required by the department. Such persons
1638 shall assume reasonable costs of supervision. If the such person
1639 fails to comply with the required supervision, the program shall
1640 report the failure to the department, and the department shall
1641 cancel the such person's driving privilege. This paragraph does
1642 not apply to any person whose driving privilege has been
1643 permanently revoked.
1644 (d)(c) For the purpose of this section, a previous
1645 conviction of driving under the influence, driving while
1646 intoxicated, driving with an unlawful blood-alcohol level, or
1647 any other similar alcohol-related or drug-related offense
1648 outside this state or a previous conviction of former s.
1649 316.1931, former s. 316.028, or former s. 860.01 is shall be
1650 considered a previous conviction for violation of s. 316.193.
1651 (e)(d) The department, based upon review of the licensee's
1652 application for reinstatement, may require use of an ignition
1653 interlock device pursuant to s. 322.2715.
1654 Section 28. Paragraph (a) of subsection (2) of section
1655 322.28, Florida Statutes, is amended to read:
1656 322.28 Period of suspension or revocation.—
1657 (2) In a prosecution for a violation of s. 316.193 or
1658 former s. 316.1931, the following provisions apply:
1659 (a) Upon conviction of the driver, the court, along with
1660 imposing sentence, shall revoke the driver's license or driving
1661 privilege of the person so convicted, effective on the date of
1662 conviction, and shall prescribe the period of such revocation in
1663 accordance with the following provisions:
1664 1. Upon a first conviction, or any conviction that does not
1665 fall under subparagraph 2. or subparagraph 3., for a violation
1666 of the provisions of s. 316.193 or former s. 316.1931, except a
1667 violation resulting in death, the driver's license or driving
1668 privilege shall be revoked for not less than 180 days or more
1669 than 1 year.
1670 2. Upon a second conviction for an offense that occurs
1671 within a period of 5 years after the date of a prior conviction
1672 for a violation of the provisions of s. 316.193 or former s.
1673 316.1931 or a combination of such sections, the driver's license
1674 or driving privilege shall be revoked for not less than 5 years.
1675 3. Upon a third conviction for an offense that occurs
1676 within a period of 10 years after the date of a prior conviction
1677 for the violation of the provisions of s. 316.193 or former s.
1678 316.1931 or a combination of such sections, the driver's license
1679 or driving privilege shall be revoked for not less than 10
1680 years.
1681 For the purposes of this paragraph, a previous conviction
1682 outside this state for driving under the influence, driving
1683 while intoxicated, driving with an unlawful blood-alcohol level,
1684 or any other alcohol-related or drug-related traffic offense
1685 similar to the offense of driving under the influence as
1686 proscribed by s. 316.193 will be considered a previous
1687 conviction for violation of s. 316.193, and a conviction for
1688 violation of former s. 316.028, former s. 316.1931, or former s.
1689 860.01 is considered a conviction for violation of s. 316.193.
1690 Additionally, if a person has two offenses for violating s.
1691 316.193 pending at the same time which were committed on
1692 different offense dates and the person is subsequently convicted
1693 for each violation, the court shall impose the sanction as if
1694 the first conviction preceded the offense date of the second
1695 conviction.
1696 Section 29. Section 322.293, Florida Statutes, is amended
1697 to read:
1698 322.293 DUI Programs Coordination Trust Fund; assessment;
1699 disposition.—
1700 (1) The DUI Programs Coordination Trust Fund shall be
1701 administered by the department, and the costs of administration
1702 shall be paid borne by the revenue collections provided in this
1703 section fund. All funds received by the department DUI Programs
1704 Coordination Trust Fund shall be used solely for the purposes
1705 set forth in this chapter and for the general operation of the
1706 department section and s. 322.292. However, if the Legislature
1707 passes legislation consolidating existing trust funds assigned
1708 to the department, all funds remaining in and deposited to the
1709 DUI Programs Coordination Trust Fund shall be transferred to the
1710 consolidated trust funds, subject to their being earmarked for
1711 use solely for the purposes set forth in this section and s.
1712 322.292.
1713 (2) Each DUI program shall assess $12 against each person
1714 enrolling in a DUI program at the time of enrollment, including
1715 persons who transfer to or from a program in another state. In
1716 addition, second and third offenders and those offenders under
1717 permanent driver's-license revocation who are evaluated for
1718 eligibility for license restrictions under s. 322.271(2) s.
1719 322.271(2)(b) and (4) shall be assessed $12 upon enrollment in
1720 the program and upon each subsequent anniversary date while they
1721 are in the program, for the duration of the license period.
1722 (3) All assessments collected under this section shall be
1723 deposited in the Highway Safety Operating forwarded to the DUI
1724 Programs Coordination Trust Fund within 30 days after the last
1725 day of the month in which the assessment was received.
1726 Section 30. Subsection (1), paragraph (b) of subsection
1727 (7), and subsection (8) of section 322.64, Florida Statutes, are
1728 amended to read:
1729 322.64 Holder of commercial driver's license; persons
1730 operating a commercial motor vehicle; driving with unlawful
1731 blood-alcohol level; refusal to submit to breath, urine, or
1732 blood test.—
1733 (1)(a) A law enforcement officer or correctional officer
1734 shall, on behalf of the department, disqualify from operating
1735 any commercial motor vehicle a person who while operating or in
1736 actual physical control of a commercial motor vehicle is
1737 arrested for a violation of s. 316.193, relating to unlawful
1738 blood-alcohol level or breath-alcohol level, or a person who has
1739 refused to submit to a breath, urine, or blood test authorized
1740 by s. 322.63 or s. 316.1932 arising out of the operation or
1741 actual physical control of a commercial motor vehicle. A law
1742 enforcement officer or correctional officer shall, on behalf of
1743 the department, disqualify the holder of a commercial driver's
1744 license from operating any commercial motor vehicle if the
1745 licenseholder, while operating or in actual physical control of
1746 a motor vehicle, is arrested for a violation of s. 316.193,
1747 relating to unlawful blood-alcohol level or breath-alcohol
1748 level, or refused to submit to a breath, urine, or blood test
1749 authorized by s. 322.63 or s. 316.1932. Upon disqualification of
1750 the person, the officer shall take the person's driver's license
1751 and issue the person a 10-day temporary permit for the operation
1752 of noncommercial vehicles only if the person is otherwise
1753 eligible for the driving privilege and shall issue the person a
1754 notice of disqualification. If the person has been given a
1755 blood, breath, or urine test, the results of which are not
1756 available to the officer at the time of the arrest, the agency
1757 employing the officer shall transmit such results to the
1758 department within 5 days after receipt of the results. If the
1759 department then determines that the person had a blood-alcohol
1760 level or breath-alcohol level of 0.08 or higher, the department
1761 shall disqualify the person from operating a commercial motor
1762 vehicle pursuant to subsection (3).
1763 (b) The disqualification under paragraph (a) shall be
1764 pursuant to, and the notice of disqualification shall inform the
1765 driver of, the following:
1766 1.a. The driver refused to submit to a lawful breath,
1767 blood, or urine test and he or she is disqualified from
1768 operating a commercial motor vehicle for a period of 1 year, for
1769 a first refusal, or permanently, if he or she has previously
1770 been disqualified under this section as a result of a refusal to
1771 submit to such a test; or
1772 b. The driver was driving or in actual physical control of
1773 a commercial motor vehicle, or any motor vehicle if the driver
1774 holds a commercial driver's license, had an unlawful blood
1775 alcohol level or breath-alcohol level of 0.08 or higher, and his
1776 or her driving privilege shall be disqualified for a period of 1
1777 year for a first offense or permanently disqualified if his or
1778 her driving privilege has been previously disqualified under
1779 this section.
1780 2. The disqualification period for operating commercial
1781 vehicles shall commence on the date of issuance of the notice of
1782 disqualification.
1783 3. The driver may request a formal or informal review of
1784 the disqualification by the department within 10 days after the
1785 date of issuance of the notice of disqualification.
1786 4. The temporary permit issued at the time of
1787 disqualification expires at midnight of the 10th day following
1788 the date of disqualification.
1789 5. The driver may submit to the department any materials
1790 relevant to the disqualification.
1791 (7) In a formal review hearing under subsection (6) or an
1792 informal review hearing under subsection (4), the hearing
1793 officer shall determine by a preponderance of the evidence
1794 whether sufficient cause exists to sustain, amend, or invalidate
1795 the disqualification. The scope of the review shall be limited
1796 to the following issues:
1797 (b) If the person was disqualified from operating a
1798 commercial motor vehicle for refusal to submit to a breath,
1799 blood, or urine test:
1800 1. Whether the law enforcement officer had probable cause
1801 to believe that the person was driving or in actual physical
1802 control of a commercial motor vehicle, or any motor vehicle if
1803 the driver holds a commercial driver's license, in this state
1804 while he or she had any alcohol, chemical substances, or
1805 controlled substances in his or her body.
1806 2. Whether the person refused to submit to the test after
1807 being requested to do so by a law enforcement officer or
1808 correctional officer.
1809 3. Whether the person was told that if he or she refused to
1810 submit to such test he or she would be disqualified from
1811 operating a commercial motor vehicle for a period of 1 year or,
1812 if previously disqualified under this section in the case of a
1813 second refusal, permanently.
1814 (8) Based on the determination of the hearing officer
1815 pursuant to subsection (7) for both informal hearings under
1816 subsection (4) and formal hearings under subsection (6), the
1817 department shall:
1818 (a) Sustain the disqualification for a period of 1 year for
1819 a first refusal, or permanently if such person has been
1820 previously disqualified from operating a commercial motor
1821 vehicle under this section as a result of a refusal to submit to
1822 such tests. The disqualification period commences on the date of
1823 the arrest or issuance of the notice of disqualification,
1824 whichever is later.
1825 (b) Sustain the disqualification:
1826 1. For a period of 1 year if the person was driving or in
1827 actual physical control of a commercial motor vehicle, or any
1828 motor vehicle if the driver holds a commercial driver's license,
1829 and had an unlawful blood-alcohol level or breath-alcohol level
1830 of 0.08 or higher; or
1831 2. Permanently if the person has been previously
1832 disqualified from operating a commercial motor vehicle under
1833 this section or his or her driving privilege has been previously
1834 suspended for driving or being in actual physical control of a
1835 commercial motor vehicle, or any motor vehicle if the driver
1836 holds a commercial driver's license, and had an unlawful blood
1837 alcohol level or breath-alcohol level of 0.08 or higher.
1838 The disqualification period commences on the date of the arrest
1839 or issuance of the notice of disqualification.
1840 Section 31. Section 328.30, Florida Statutes, is amended to
1841 read:
1842 328.30 Transactions by electronic or telephonic means.—
1843 (1) The department may is authorized to accept any
1844 application provided for under this chapter by electronic or
1845 telephonic means.
1846 (2) The department may issue an electronic certificate of
1847 title in lieu of printing a paper title.
1848 (3) The department may collect and use e-mail addresses of
1849 vessel owners and registrants as a notification method in lieu
1850 of the United States Postal Service.
1851 Section 32. Subsection (12) of section 328.72, Florida
1852 Statutes, is amended, present subsections (13), (14), (15),
1853 (16), and (17) of that section, are redesignated as subsections
1854 (14), (15), (16), (17), and (18), respectively, and a new
1855 subsection (13) is added to that section, to read:
1856 328.72 Classification; registration; fees and charges;
1857 surcharge; disposition of fees; fines; marine turtle stickers.—
1858 (12) REGISTRATION.—
1859 (a) “Registration period” is a period of 12 months during
1860 which a vessel registration is valid.
1861 (b) “Extended registration period” means a period of 24
1862 months during which a vessel registration is valid.
1863 (c)(b) Any vessel owner who is subject to registration
1864 under subparagraph (c)1. is eligible for an extended
1865 registration period that begins the first day of the birth month
1866 of the owner and ends the last day of the month immediately
1867 preceding the owner's birth month 24 months after the beginning
1868 of the registration period. If the vessel is registered in the
1869 name of more than one person, the birth month of the person
1870 whose name first appears on the registration shall be used to
1871 determine the extended registration period. For a vessel subject
1872 to this extended registration period, the renewal period is the
1873 30-day period ending at midnight on the vessel owner's date of
1874 birth.
1875 (d)(c) The following registration periods and renewal
1876 periods are established:
1877 1. For vessels owned by individuals, the registration
1878 period begins the first day of the birth month of the owner and
1879 ends the last day of the month immediately preceding the owner's
1880 birth month in the succeeding year. If the vessel is registered
1881 in the name of more than one person, the birth month of the
1882 person whose name first appears on the registration shall be
1883 used to determine the registration period. For a vessel subject
1884 to this registration period, the renewal period is the 30-day
1885 period ending at midnight on the vessel owner's date of birth.
1886 2. For vessels owned by companies, corporations,
1887 governmental entities, and registrations issued to dealers and
1888 manufacturers, the registration period begins July 1 and ends
1889 June 30. The renewal period is the 30-day period beginning June
1890 1.
1891 (13) Registration fees shall be prorated on a monthly basis
1892 when the registration period is other than 12 months or 24
1893 months. An annual registration may not exceed 15 months and a
1894 biennial registration may not exceed 27 months.
1895 Section 33. Section 328.80, Florida Statutes, is amended to
1896 read:
1897 328.80 Transactions by electronic or telephonic means.—
1898 (1) The department may commission is authorized to accept
1899 any application provided for under this chapter by electronic or
1900 telephonic means.
1901 (2) The department may collect and use e-mail addresses of
1902 vessel owners and registrants as a notification method in lieu
1903 of the United States Postal Service.
1904 Section 34. This act shall take effect October 1, 2009.