Florida Senate - 2010                                    SB 2400
       
       
       
       By Senator Gardiner
       
       
       
       
       9-01043C-10                                           20102400__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 261.03, F.S., relating
    4         to off-highway vehicles; conforming a cross-reference;
    5         amending s. 316.066, F.S.; requiring that additional
    6         information be included on the short-form crash
    7         report; deleting provisions authorizing counties to
    8         establish traffic records centers; deleting a
    9         requirement that fees charged for copies of certain
   10         traffic reports be used to fund traffic records
   11         centers; authorizing the department to waive such fees
   12         for local, state, or federal agencies; revising and
   13         deleting certain provisions prohibiting certain uses
   14         of crash reports; amending s. 316.159, F.S.; requiring
   15         that drivers of certain commercial motor vehicles slow
   16         before crossing a railroad grade; amending s.
   17         316.1923, F.S.; providing that aggressive careless
   18         driving is a moving violation; prohibiting the
   19         issuance of separate citations for the acts
   20         constituting such a violation; amending s. 316.193,
   21         F.S., relating to penalties for driving under the
   22         influence; conforming cross-references; deleting
   23         certain provisions governing the impoundment or
   24         immobilization of a person’s vehicle following an
   25         alcohol-related or drug-related traffic offense;
   26         amending s. 316.1935, F.S.; defining the term
   27         “conviction” for purposes of the offense of fleeing or
   28         attempting to elude a law enforcement officer;
   29         amending s. 316.2085, F.S.; clarifying a provision
   30         prohibiting a person younger than 16 years of age from
   31         operating a motorcycle; amending ss. 316.2122,
   32         316.2124, 316.21265, 316.3026, and 316.550, F.S.,
   33         relating to the operation of low-speed vehicles,
   34         motorized disability access vehicles, and all-terrain
   35         or utility vehicles, the unlawful operation of motor
   36         carriers, and special permits, respectively;
   37         conforming cross-references; amending s. 316.545,
   38         F.S.; providing for the regulation of apportionable
   39         vehicles; amending s. 316.646, F.S.; authorizing the
   40         department to suspend the driving privilege of a
   41         person convicted of failing to maintain the required
   42         security while operating a motor vehicle; amending s.
   43         317.0003, F.S., relating to off-highway vehicles;
   44         conforming a cross-reference; amending s. 318.14,
   45         F.S.; requiring that persons who are cited for certain
   46         additional traffic violations sign and accept a
   47         citation indicating a promise to appear; providing
   48         that refusal to sign such summons is a second-degree
   49         misdemeanor; amending s. 318.18, F.S.; providing an
   50         enhanced penalty for the offense of aggressive
   51         careless driving; amending s. 318.19, F.S.; requiring
   52         a mandatory hearing for the offense of aggressive
   53         careless driving; amending s. 319.14, F.S.;
   54         prohibiting a person from knowingly offering for sale,
   55         selling, or exchanging certain vehicles unless the
   56         department has stamped in a conspicuous place on the
   57         certificate of title words stating that the vehicle is
   58         a custom vehicle or street rod vehicle; defining the
   59         terms “custom vehicle” and “street rod”; amending s.
   60         320.01, F.S.; deleting an obsolete definition;
   61         revising the gross vehicle weight for purposes of
   62         defining the terms “apportionable vehicle” and
   63         “commercial motor vehicle”; amending s. 320.03, F.S.,
   64         relating to the International Registration Plan;
   65         revising the net weight of apportionable vehicles
   66         subject to such registration; amending s. 320.055,
   67         F.S., relating to registration periods for motor
   68         vehicles; clarifying provisions to conform to changes
   69         made by the act; amending s. 320.071, F.S.; revising
   70         the period for early renewal of the registration of an
   71         apportionable vehicle; amending s. 320.0715, F.S.;
   72         clarifying provisions requiring the registration of
   73         apportionable vehicles under the International
   74         Registration Plan; amending s. 320.08, F.S., relating
   75         to license taxes; conforming cross-references;
   76         amending s. 320.0807, F.S.; revising the provisions
   77         governing the special license plates issued to federal
   78         and state legislators; amending s. 320.084, F.S.;
   79         extending the period of registration for a motor
   80         vehicle license plate issued to a disabled veteran;
   81         amending s. 320.0847, F.S., relating to license
   82         plates; conforming cross-references; amending s.
   83         320.0863, F.S., relating to the registration of custom
   84         vehicles and street rods; conforming provisions to
   85         changes made by the act; amending s. 320.131, F.S.,
   86         relating to temporary tags; conforming a cross
   87         reference; amending s. 320.27, F.S.; authorizing the
   88         department to deny, suspend, or revoke the license of
   89         certain licensees who fail to honor a bank draft or
   90         check given to the department as payment for fees or
   91         who fail to obtain specified supplemental licenses;
   92         amending s. 320.77, F.S.; requiring that a mobile home
   93         dealer have certain indicia of ownership for mobile
   94         homes; specifying documents that constitute an indicia
   95         of ownership; amending s. 320.8225, F.S.; providing
   96         requirements for the bond held by a mobile home and
   97         recreational vehicle manufacturer, distributor, or
   98         importer; requiring the department to revoke or
   99         suspend the license of, or deny issuing a license to,
  100         a dealer who conducts business without a surety bond
  101         in full force and effect; amending s. 321.03, F.S.;
  102         prohibiting the possession of a motor vehicle or
  103         motorcycle of the same or similar color as those
  104         prescribed for the Florida Highway Patrol; amending s.
  105         321.05, F.S.; providing that officers of the Florida
  106         Highway Patrol have the same arrest and other
  107         authority as that provided for certain other state law
  108         enforcement officers; amending s. 322.0261, F.S.;
  109         requiring a person who is convicted of or who pleads
  110         nolo contendere to aggressive careless driving to
  111         attend a driver improvement course; amending s.
  112         322.095, F.S.; deleting a provision requiring that
  113         instructors of substance abuse education courses be
  114         certified by the department; amending s. 322.121,
  115         F.S.; deleting provisions requiring that the
  116         reexamination for a driver’s license include tests of
  117         the person’s ability to read and understand highway
  118         signs and pavement markings; amending s. 322.18, F.S.;
  119         authorizing a licensed physician at a federally
  120         established veterans hospital to administer a vision
  121         test for purposes of renewing a driver’s license;
  122         conforming a cross-reference; amending s. 322.212,
  123         F.S.; providing a mandatory minimum sentence for
  124         certain offenses involving the unauthorized possession
  125         or use of a driver’s license or identification card;
  126         amending s. 322.22, F.S.; authorizing the department
  127         to cancel a person’s identification card under certain
  128         circumstances and for certain offenses; requiring that
  129         a cancelled identification card be surrendered to the
  130         department; amending s. 322.2615, F.S.; revising the
  131         requirements for a law enforcement officer with
  132         respect to the information submitted to the department
  133         following suspension of a person’s driver’s license;
  134         conforming provisions to changes made by the act;
  135         amending s. 322.27, F.S.; authorizing the department
  136         to suspend or revoke a person’s identification card;
  137         providing for points to be assessed against a person’s
  138         driving record for the offense of aggressive careless
  139         driving; amending s. 322.271, F.S., relating to
  140         suspended, canceled, or revoked driver’s licenses;
  141         conforming cross-references; amending s. 322.28, F.S.;
  142         providing for determining a prior conviction if
  143         multiple convictions occur on the same date as the
  144         result of separate offenses; amending s. 322.282,
  145         F.S., relating to the revocation, suspension, and
  146         reinstatement of a license or driving privilege;
  147         conforming a cross-reference; amending s. 322.34,
  148         F.S.; specifying circumstances under which
  149         adjudication for certain offenses is withheld if a
  150         person enters a plea of nolo contendere and provides
  151         proof of compliance to the court or the clerk of the
  152         court; providing certain limitations; providing for
  153         the deposit of court costs paid, notwithstanding a
  154         waiver of the fine; amending s. 322.61, F.S.;
  155         extending certain periods of disqualification
  156         following a conviction of violating an out-of-service
  157         order while driving a commercial vehicle; amending s.
  158         327.72, F.S., relating to penalties imposed under ch.
  159         327 or ch. 328, F.S.; providing for determining a
  160         prior conviction if multiple convictions occur on the
  161         same date as the result of separate offenses;
  162         providing an effective date.
  163  
  164  Be It Enacted by the Legislature of the State of Florida:
  165  
  166         Section 1. Subsection (9) of section 261.03, Florida
  167  Statutes, is amended to read:
  168         261.03 Definitions.—As used in this chapter, the term:
  169         (9) “ROV” means any motorized recreational off-highway
  170  vehicle 60 inches or less in width, having a dry weight of 1,500
  171  pounds or less, designed to travel on four or more nonhighway
  172  tires, having nonstraddle seating and a steering wheel, and
  173  manufactured for recreational use by one or more persons. The
  174  term “ROV” does not include a golf cart as defined in ss.
  175  320.01(22) and 316.003(68) or a low-speed vehicle as defined in
  176  s. 320.01(42).
  177         Section 2. Subsections (1), (3), (4), (5), (6), (7), and
  178  (8) of section 316.066, Florida Statutes, are amended to read:
  179         316.066 Written reports of crashes.—
  180         (1) The driver of a vehicle that which is in any manner
  181  involved in a crash resulting in bodily injury to or death of
  182  any person or damage to any vehicle or other property in an
  183  apparent amount of at least $500 shall, within 10 days after the
  184  crash, forward a written report of such crash to the department
  185  or traffic records center. However, when the investigating
  186  officer has made a written report of the crash pursuant to
  187  subsection (3), no written report need be forwarded to the
  188  department or traffic records center by the driver.
  189         (3)(a) Every law enforcement officer who in the regular
  190  course of duty investigates a motor vehicle crash:
  191         1. Which crash resulted in death or personal injury shall,
  192  within 10 days after completing the investigation, forward a
  193  written report of the crash to the department or traffic records
  194  center.
  195         2. Which crash involved a violation of s. 316.061(1) or s.
  196  316.193 shall, within 10 days after completing the
  197  investigation, forward a written report of the crash to the
  198  department or traffic records center.
  199         3. In which crash a vehicle was rendered inoperative to a
  200  degree that which required a wrecker to remove it from traffic
  201  may, within 10 days after completing the investigation, forward
  202  a written report of the crash to the department or traffic
  203  records center if such action is appropriate, in the officer’s
  204  discretion.
  205         (b) In every case in which a crash report is required by
  206  this section and a written report by to a law enforcement
  207  officer is not prepared, the law enforcement officer shall
  208  provide each party involved in the crash a short-form report,
  209  prescribed by the state, to be completed by the party. The
  210  short-form report must include:
  211         1. The date, time, and location of the crash;
  212         2. A description of the vehicles involved;
  213         3. The names and addresses of the parties involved;
  214         4. The names and addresses of all drivers and passengers in
  215  the vehicle involved;
  216         5.4. The names and addresses of witnesses;
  217         6.5. The name, badge number, and law enforcement agency of
  218  the officer investigating the crash; and
  219         7.6. The names of the insurance companies for the
  220  respective parties involved in the crash.
  221         (c) Each party to the crash shall provide the law
  222  enforcement officer with proof of insurance to be included in
  223  the crash report. If a law enforcement officer submits a report
  224  on the crash accident, proof of insurance must be provided to
  225  the officer by each party involved in the crash. Any party who
  226  fails to provide the required information commits is guilty of
  227  an infraction for a nonmoving violation, punishable as provided
  228  in chapter 318 unless the officer determines that due to
  229  injuries or other special circumstances such insurance
  230  information cannot be provided immediately. If the person
  231  provides the law enforcement agency, within 24 hours after the
  232  crash, proof of insurance that was valid at the time of the
  233  crash, the law enforcement agency may void the citation.
  234         (4)(a)One or more counties may enter into an agreement
  235  with the appropriate state agency to be certified by the agency
  236  to have a traffic records center for the purpose of tabulating
  237  and analyzing countywide traffic crash reports. The agreement
  238  must include: certification by the agency that the center has
  239  adequate auditing and monitoring mechanisms in place to ensure
  240  the quality and accuracy of the data; the time period in which
  241  the traffic records center must report crash data to the agency;
  242  and the medium in which the traffic records must be submitted to
  243  the agency.
  244         (b)In the case of a county or multicounty area that has a
  245  certified central traffic records center, a law enforcement
  246  agency or driver must submit to the center within the time limit
  247  prescribed in this section a written report of the crash. A
  248  driver who is required to file a crash report must be notified
  249  of the proper place to submit the completed report.
  250         (4)(c) Fees for copies of public records provided by the
  251  investigating law enforcement agency may a certified traffic
  252  records center shall be charged and collected in an amount not
  253  to exceed those established below as follows:
  254  
  255         For a crash report..........................$10 per copy.
  256         For a homicide report.......................$25 per copy.
  257         For a uniform traffic citation............$0.50 per copy.
  258  The fees collected for copies of the public records provided by
  259  a certified traffic records center shall be used to fund the
  260  center or otherwise as designated by the county or counties
  261  participating in the center.
  262         (5)(a) Crash reports that reveal the identity, home or
  263  employment telephone number or home or employment address of, or
  264  other personal information concerning the parties involved in
  265  the crash and that are held by any agency that regularly
  266  receives or prepares information from or concerning the parties
  267  to motor vehicle crashes are confidential and exempt from s.
  268  119.07(1) and s. 24(a), Art. I of the State Constitution for a
  269  period of 60 days after the date of the crash the report is
  270  filed.
  271         (b) Crash reports held by an agency under paragraph (a) may
  272  be made immediately available to the parties involved in the
  273  crash, their legal representatives, their licensed insurance
  274  agents, their insurers or insurers to which they have applied
  275  for coverage, persons under contract with such insurers to
  276  provide claims or underwriting information, prosecutorial
  277  authorities, victim services programs, radio and television
  278  stations licensed by the Federal Communications Commission,
  279  newspapers qualified to publish legal notices under ss. 50.011
  280  and 50.031, and free newspapers of general circulation,
  281  published once a week or more often, available and of interest
  282  to the public generally for the dissemination of news. For the
  283  purposes of this section, the following products or publications
  284  are not newspapers as referred to in this section: those
  285  intended primarily for members of a particular profession or
  286  occupational group; those with the primary purpose of
  287  distributing advertising; and those with the primary purpose of
  288  publishing names and other personal identifying information
  289  concerning parties to motor vehicle crashes.
  290         (c) Any local, state, or federal agency that is authorized
  291  to have access to crash reports by any provision of law shall be
  292  granted such access in the furtherance of the agency’s statutory
  293  duties. The department may waive the above fees for these
  294  agencies.
  295         (d) As a condition precedent to accessing a crash report
  296  within 60 days after the date of the crash the report is filed,
  297  a person must present a valid driver’s license or other
  298  photographic identification, proof of status, or identification
  299  that demonstrates his or her qualifications to access that
  300  information, and file a written sworn statement with the state
  301  or local agency in possession of the information stating that
  302  information from a crash report made confidential and exempt by
  303  this section will not be used for any commercial solicitation of
  304  parties to motor vehicle crashes accident victims, or knowingly
  305  disclosed to any third party for the purpose of such
  306  solicitation, during the period of time that the information
  307  remains confidential and exempt. In lieu of requiring the
  308  written sworn statement, an agency may provide crash reports by
  309  electronic means to third-party vendors under contract with one
  310  or more insurers, but only when such contract states that
  311  information from a crash report made confidential and exempt by
  312  this section will not be used for any commercial solicitation of
  313  parties to motor vehicle crashes accident victims by the
  314  vendors, or knowingly disclosed by the vendors to any third
  315  party for the purpose of such solicitation, during the period of
  316  time that the information remains confidential and exempt, and
  317  only when a copy of such contract is furnished to the agency as
  318  proof of the vendor’s claimed status.
  319         (e) This subsection does not prevent the dissemination or
  320  publication of news to the general public by any legitimate
  321  media entitled to access confidential and exempt information
  322  pursuant to this section.
  323         (6)(a) Any driver failing to file the written report
  324  required under subsection (1) or subsection (2) commits a
  325  noncriminal traffic infraction, punishable as a nonmoving
  326  violation as provided in chapter 318.
  327         (b) Any employee of a state or local agency in possession
  328  of information made confidential and exempt by this section who
  329  knowingly discloses such confidential and exempt information to
  330  a person not entitled to access such information under this
  331  section commits is guilty of a felony of the third degree,
  332  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  333         (c) Any person, knowing that he or she is not entitled to
  334  obtain information made confidential and exempt by this section,
  335  who obtains or attempts to obtain such information commits is
  336  guilty of a felony of the third degree, punishable as provided
  337  in s. 775.082, s. 775.083, or s. 775.084.
  338         (d) Any person who knowingly uses confidential and exempt
  339  information in violation of a filed written sworn statement or
  340  contractual agreement required by this section commits a felony
  341  of the third degree, punishable as provided in s. 775.082, s.
  342  775.083, or s. 775.084.
  343         (7) Except as specified in this subsection, each crash
  344  report made by a person involved in a crash and any statement
  345  made by such person to a law enforcement officer for the purpose
  346  of completing a crash report required by this section shall be
  347  without prejudice to the individual so reporting. No such report
  348  or statement shall be used as evidence in any trial, civil or
  349  criminal. However, subject to the applicable rules of evidence,
  350  a law enforcement officer at a criminal trial may testify as to
  351  any statement made to the officer by the person involved in the
  352  crash if that person’s privilege against self-incrimination is
  353  not violated. The results of breath, urine, and blood tests
  354  administered as provided in s. 316.1932 or s. 316.1933 are not
  355  confidential and shall be admissible into evidence in accordance
  356  with the provisions of s. 316.1934(2). Crash reports made by
  357  persons involved in crashes shall not be used for commercial
  358  solicitation purposes; however, the use of a crash report for
  359  purposes of publication in a newspaper or other news periodical
  360  or a radio or television broadcast shall not be construed as
  361  “commercial purpose.”
  362         (8) A law enforcement officer, as defined in s. 943.10(1),
  363  may enforce this section.
  364         Section 3. Section 316.159, Florida Statutes, is amended to
  365  read:
  366         316.159 Certain vehicles to stop or slow at all railroad
  367  grade crossings.—
  368         (1) The driver of any motor vehicle carrying passengers for
  369  hire, excluding taxicabs, of any school bus carrying any school
  370  child, or of any vehicle carrying explosive substances or
  371  flammable liquids as a cargo or part of a cargo, before crossing
  372  at grade any track or tracks of a railroad, shall stop such
  373  vehicle within 50 feet but not less than 15 feet from the
  374  nearest rail of the railroad and, while so stopped, shall listen
  375  and look in both directions along the track for any approaching
  376  train, and for signals indicating the approach of a train,
  377  except as hereinafter provided, and shall not proceed until he
  378  or she can do so safely. After stopping as required herein and
  379  upon proceeding when it is safe to do so, the driver of any such
  380  vehicle shall cross only in a gear of the vehicle so that there
  381  will be no necessity for changing gears while traversing the
  382  crossing, and the driver shall not shift gears while crossing
  383  the track or tracks.
  384         (2) No stop need be made at any such crossing where a
  385  police officer, a traffic control signal, or a sign directs
  386  traffic to proceed. However, any school bus carrying any school
  387  child shall be required to stop unless directed to proceed by a
  388  police officer.
  389         (3) The driver of any commercial motor vehicle that is not
  390  required to stop under subsection (1) or subsection (2) before
  391  crossing the track or tracks of any railroad grade crossing
  392  shall slow the motor vehicle and check that the tracks are clear
  393  of an approaching train.
  394         (4)(3) A violation of this section is a noncriminal traffic
  395  infraction, punishable as a moving violation as provided in
  396  chapter 318.
  397         Section 4. Section 316.1923, Florida Statutes, is amended
  398  to read:
  399         316.1923 Aggressive careless driving.—
  400         (1) “Aggressive careless driving” means committing two or
  401  more of the following acts simultaneously or in succession:
  402         (a)(1) Exceeding the posted speed as defined in s.
  403  322.27(3)(d)5.b.
  404         (b)(2) Unsafely or improperly changing lanes as defined in
  405  s. 316.085.
  406         (c)(3) Following another vehicle too closely as defined in
  407  s. 316.0895(1).
  408         (d)(4) Failing to yield the right-of-way as defined in s.
  409  316.079, s. 316.0815, or s. 316.123.
  410         (e)(5) Improperly passing as defined in s. 316.083, s.
  411  316.084, or s. 316.085.
  412         (f)(6) Violating traffic control and signal devices as
  413  defined in ss. 316.074 and 316.075.
  414         (2) A violation of this section is a moving violation,
  415  punishable as provided in chapter 318. A law enforcement officer
  416  issuing a citation for a violation of this section may not also
  417  issue separate citations for violations of the acts listed in
  418  subsection (1).
  419         Section 5. Paragraphs (b), (c), (d), and (i) of subsection
  420  (6) and subsections (13) and (14) of section 316.193, Florida
  421  Statutes, are amended to read:
  422         316.193 Driving under the influence; penalties.—
  423         (6) With respect to any person convicted of a violation of
  424  subsection (1), regardless of any penalty imposed pursuant to
  425  subsection (2), subsection (3), or subsection (4):
  426         (b) For the second conviction for an offense that occurs
  427  within a period of 5 years after the date of a prior conviction
  428  for violation of this section, the court shall order
  429  imprisonment for not less than 10 days. The court must also, as
  430  a condition of probation, order the impoundment or
  431  immobilization of all vehicles owned by the defendant at the
  432  time of impoundment or immobilization, for a period of 30 days
  433  or for the unexpired term of any lease or rental agreement that
  434  expires within 30 days. The impoundment or immobilization must
  435  not occur concurrently with the incarceration of the defendant
  436  and must occur concurrently with the driver’s license revocation
  437  imposed under s. 322.28(2)(b)2. s. 322.28(2)(a)2. The
  438  impoundment or immobilization order may be dismissed in
  439  accordance with paragraph (e), paragraph (f), paragraph (g), or
  440  paragraph (h). At least 48 hours of confinement must be
  441  consecutive.
  442         (c) For the third or subsequent conviction for an offense
  443  that occurs within a period of 10 years after the date of a
  444  prior conviction for violation of this section, the court shall
  445  order imprisonment for not less than 30 days. The court must
  446  also, as a condition of probation, order the impoundment or
  447  immobilization of all vehicles owned by the defendant at the
  448  time of impoundment or immobilization, for a period of 90 days
  449  or for the unexpired term of any lease or rental agreement that
  450  expires within 90 days. The impoundment or immobilization must
  451  not occur concurrently with the incarceration of the defendant
  452  and must occur concurrently with the driver’s license revocation
  453  imposed under s. 322.28(2)(b)3. s. 322.28(2)(a)3. The
  454  impoundment or immobilization order may be dismissed in
  455  accordance with paragraph (e), paragraph (f), paragraph (g), or
  456  paragraph (h). At least 48 hours of confinement must be
  457  consecutive.
  458         (d) The court must at the time of sentencing the defendant
  459  issue an order for the impoundment or immobilization of a
  460  vehicle. The order of impoundment or immobilization must include
  461  the name and telephone numbers of all immobilization agencies
  462  meeting all of the conditions of subsection (13). Within 7
  463  business days after the date that the court issues the order of
  464  impoundment or immobilization, the clerk of the court must send
  465  notice by certified mail, return receipt requested, to the
  466  registered owner of each vehicle, if the registered owner is a
  467  person other than the defendant, and to each person of record
  468  claiming a lien against the vehicle.
  469         (i) All costs and fees for the impoundment or
  470  immobilization, including the cost of notification, must be paid
  471  by the owner of the vehicle or, if the vehicle is leased or
  472  rented, by the person leasing or renting the vehicle, unless the
  473  impoundment or immobilization order is dismissed. All provisions
  474  of s. 713.78 shall apply. The costs and fees for the impoundment
  475  or immobilization must be paid directly to the person impounding
  476  or immobilizing the vehicle.
  477  
  478  For the purposes of this section, any conviction for a violation
  479  of s. 327.35; a previous conviction for the violation of former
  480  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  481  previous conviction outside this state for driving under the
  482  influence, driving while intoxicated, driving with an unlawful
  483  blood-alcohol level, driving with an unlawful breath-alcohol
  484  level, or any other similar alcohol-related or drug-related
  485  traffic offense, is also considered a previous conviction for
  486  violation of this section. However, in satisfaction of the fine
  487  imposed pursuant to this section, the court may, upon a finding
  488  that the defendant is financially unable to pay either all or
  489  part of the fine, order that the defendant participate for a
  490  specified additional period of time in public service or a
  491  community work project in lieu of payment of that portion of the
  492  fine which the court determines the defendant is unable to pay.
  493  In determining such additional sentence, the court shall
  494  consider the amount of the unpaid portion of the fine and the
  495  reasonable value of the services to be ordered; however, the
  496  court may not compute the reasonable value of services at a rate
  497  less than the federal minimum wage at the time of sentencing.
  498         (13)If personnel of the circuit court or the sheriff do
  499  not immobilize vehicles, only immobilization agencies that meet
  500  the conditions of this subsection shall immobilize vehicles in
  501  that judicial circuit.
  502         (a)The immobilization agency responsible for immobilizing
  503  vehicles in that judicial circuit shall be subject to strict
  504  compliance with all of the following conditions and
  505  restrictions:
  506         1.Any immobilization agency engaged in the business of
  507  immobilizing vehicles shall:
  508         a.Have a class “R” license issued pursuant to part IV of
  509  chapter 493;
  510         b.Have at least 3 years of verifiable experience in
  511  immobilizing vehicles; and
  512         c.Maintain accurate and complete records of all payments
  513  for the immobilization, copies of all documents pertaining to
  514  the court’s order of impoundment or immobilization, and any
  515  other documents relevant to each immobilization. Such records
  516  must be maintained by the immobilization agency for at least 3
  517  years.
  518         2.The person who immobilizes a vehicle must never have
  519  been convicted of any felony or of driving or boating under the
  520  influence of alcohol or a controlled substance in the last 3
  521  years.
  522         (b)A person who violates paragraph (a) commits a
  523  misdemeanor of the first degree, punishable as provided in s.
  524  775.082 or s. 775.083.
  525         (c)Any immobilization agency who is aggrieved by a
  526  person’s violation of paragraph (a) may bring a civil action
  527  against the person who violated paragraph (a) seeking injunctive
  528  relief, damages, reasonable attorney’s fees and costs, and any
  529  other remedy available at law or in equity as may be necessary
  530  to enforce this subsection. In any action to enforce this
  531  subsection, establishment of a violation of paragraph (a) shall
  532  conclusively establish a clear legal right to injunctive relief,
  533  that irreparable harm will be caused if an injunction does not
  534  issue, that no adequate remedy at law exists, and that public
  535  policy favors issuance of injunctive relief.
  536         (14)As used in this chapter, the term:
  537         (a)“Immobilization,” “immobilizing,” or “immobilize” means
  538  the act of installing a vehicle antitheft device on the steering
  539  wheel of a vehicle, the act of placing a tire lock or wheel
  540  clamp on a vehicle, or a governmental agency’s act of taking
  541  physical possession of the license tag and vehicle registration
  542  rendering a vehicle legally inoperable to prevent any person
  543  from operating the vehicle pursuant to an order of impoundment
  544  or immobilization under subsection (6).
  545         (b)“Immobilization agency” or “immobilization agencies”
  546  means any firm, company, agency, organization, partnership,
  547  corporation, association, trust, or other business entity of any
  548  kind whatsoever that meets all of the conditions of subsection
  549  (13).
  550         (c)“Impoundment,” “impounding,” or “impound” means the act
  551  of storing a vehicle at a storage facility pursuant to an order
  552  of impoundment or immobilization under subsection (6) where the
  553  person impounding the vehicle exercises control, supervision,
  554  and responsibility over the vehicle.
  555         (d)“Person” means any individual, firm, company, agency,
  556  organization, partnership, corporation, association, trust, or
  557  other business entity of any kind whatsoever.
  558         Section 6. Present subsections (6) and (7) of section
  559  316.1935, Florida Statutes, are renumbered as subsections (7)
  560  and (8), respectively, and a new subsection (6) is added to that
  561  section, to read:
  562         316.1935 Fleeing or attempting to elude a law enforcement
  563  officer; aggravated fleeing or eluding.—
  564         (6) As used in this section, the term “conviction” means a
  565  determination of guilt that is the result of a plea or trial,
  566  regardless of whether adjudication is withheld.
  567         Section 7. Subsection (6) of section 316.2085, Florida
  568  Statutes, is amended to read:
  569         316.2085 Riding on motorcycles or mopeds.—
  570         (6) A person under 16 years of age may not:
  571         (a) Operate a motorcycle that has a motor with more than
  572  150 cubic centimeters displacement.
  573         (b) Rent a motorcycle or a moped.
  574         Section 8. Section 316.2122, Florida Statutes, is amended
  575  to read:
  576         316.2122 Operation of a low-speed vehicle or mini truck on
  577  certain roadways.—The operation of a low-speed vehicle as
  578  defined in s. 320.01(42) or a mini truck as defined in s.
  579  320.01(45) on any road as defined in s. 334.03(15) or (33) is
  580  authorized with the following restrictions:
  581         (1) A low-speed vehicle or mini truck may be operated only
  582  on streets where the posted speed limit is 35 miles per hour or
  583  less. This does not prohibit a low-speed vehicle or mini truck
  584  from crossing a road or street at an intersection where the road
  585  or street has a posted speed limit of more than 35 miles per
  586  hour.
  587         (2) A low-speed vehicle must be equipped with headlamps,
  588  stop lamps, turn signal lamps, taillamps, reflex reflectors,
  589  parking brakes, rearview mirrors, windshields, seat belts, and
  590  vehicle identification numbers.
  591         (3) A low-speed vehicle or mini truck must be registered
  592  and insured in accordance with s. 320.02 and titled pursuant to
  593  chapter 319.
  594         (4) Any person operating a low-speed vehicle or mini truck
  595  must have in his or her possession a valid driver’s license.
  596         (5) A county or municipality may prohibit the operation of
  597  low-speed vehicles or mini trucks on any road under its
  598  jurisdiction if the governing body of the county or municipality
  599  determines that such prohibition is necessary in the interest of
  600  safety.
  601         (6) The Department of Transportation may prohibit the
  602  operation of low-speed vehicles or mini trucks on any road under
  603  its jurisdiction if it determines that such prohibition is
  604  necessary in the interest of safety.
  605         Section 9. Section 316.2124, Florida Statutes, is amended
  606  to read:
  607         316.2124 Motorized disability access vehicles.—The
  608  Department of Highway Safety and Motor Vehicles is directed to
  609  provide, by rule, for the regulation of motorized disability
  610  access vehicles as described in s. 320.01(34). The department
  611  shall provide that motorized disability access vehicles shall be
  612  registered in the same manner as motorcycles and shall pay the
  613  same registration fee as for a motorcycle. There shall also be
  614  assessed, in addition to the registration fee, a $2.50 surcharge
  615  for motorized disability access vehicles. This surcharge shall
  616  be paid into the Highway Safety Operating Trust Fund. Motorized
  617  disability access vehicles shall not be required to be titled by
  618  the department. The department shall require motorized
  619  disability access vehicles to be subject to the same safety
  620  requirements as set forth in this chapter for motorcycles.
  621         Section 10. Subsection (1) of section 316.21265, Florida
  622  Statutes, is amended to read:
  623         316.21265 Use of all-terrain vehicles, golf carts, low
  624  speed vehicles, or utility vehicles by law enforcement
  625  agencies.—
  626         (1) Notwithstanding any provision of law to the contrary,
  627  any law enforcement agency in this state may operate all-terrain
  628  vehicles as defined in s. 316.2074, golf carts as defined in s.
  629  320.01(22), low-speed vehicles as defined in s. 320.01(42), or
  630  utility vehicles as defined in s. 320.01(43) on any street,
  631  road, or highway in this state while carrying out its official
  632  duties.
  633         Section 11. Subsection (1) of section 316.3026, Florida
  634  Statutes, is amended to read:
  635         316.3026 Unlawful operation of motor carriers.—
  636         (1) The Office of Motor Carrier Compliance of the
  637  Department of Transportation may issue out-of-service orders to
  638  motor carriers, as defined in s. 320.01(33), who have after
  639  proper notice failed to pay any penalty or fine assessed by the
  640  department, or its agent, against any owner or motor carrier for
  641  violations of state law, refused to submit to a compliance
  642  review and provide records pursuant to s. 316.302(5) or s.
  643  316.70, or violated safety regulations pursuant to s. 316.302 or
  644  insurance requirements found in s. 627.7415. Such out-of-service
  645  orders shall have the effect of prohibiting the operations of
  646  any motor vehicles owned, leased, or otherwise operated by the
  647  motor carrier upon the roadways of this state, until such time
  648  as the violations have been corrected or penalties have been
  649  paid. Out-of-service orders issued under this section must be
  650  approved by the Secretary of Transportation or his or her
  651  designee. An administrative hearing pursuant to s. 120.569 shall
  652  be afforded to motor carriers subject to such orders.
  653         Section 12. Subsection (3) of section 316.545, Florida
  654  Statutes, is amended to read:
  655         316.545 Weight and load unlawful; special fuel and motor
  656  fuel tax enforcement; inspection; penalty; review.—
  657         (3) Any person who violates the overloading provisions of
  658  this chapter shall be conclusively presumed to have damaged the
  659  highways of this state by reason of such overloading, which
  660  damage is hereby fixed as follows:
  661         (a) When the excess weight is 200 pounds or less than the
  662  maximum herein provided, the penalty shall be $10;
  663         (b) Five cents per pound for each pound of weight in excess
  664  of the maximum herein provided when the excess weight exceeds
  665  200 pounds. However, whenever the gross weight of the vehicle or
  666  combination of vehicles does not exceed the maximum allowable
  667  gross weight, the maximum fine for the first 600 pounds of
  668  unlawful axle weight shall be $10;
  669         (c) An apportionable apportioned motor vehicle, as defined
  670  in s. 320.01, operating on the highways of this state without
  671  being properly licensed and registered shall be subject to the
  672  penalties as herein provided; and
  673         (d) Vehicles operating on the highways of this state from
  674  nonmember International Registration Plan jurisdictions which
  675  are not in compliance with the provisions of s. 316.605 shall be
  676  subject to the penalties as herein provided.
  677         Section 13. Paragraph (a) of subsection (4) and subsection
  678  (9) of section 316.550, Florida Statutes, are amended to read:
  679         316.550 Operations not in conformity with law; special
  680  permits.—
  681         (4)(a) The Department of Transportation may issue a wrecker
  682  special blanket permit to authorize a wrecker as defined in s.
  683  320.01(40) to tow a disabled vehicle as defined in s. 320.01(38)
  684  where the combination of the wrecker and the disabled vehicle
  685  being towed exceeds the maximum weight limits as established by
  686  s. 316.535.
  687         (9) Whenever any motor vehicle, or the combination of a
  688  wrecker as defined in s. 320.01(40) and a towed motor vehicle,
  689  exceeds any weight or dimensional criteria or special
  690  operational or safety stipulation contained in a special permit
  691  issued under the provisions of this section, the penalty
  692  assessed to the owner or operator shall be as follows:
  693         (a) For violation of weight criteria contained in a special
  694  permit, the penalty per pound or portion thereof exceeding the
  695  permitted weight shall be as provided in s. 316.545.
  696         (b) For each violation of dimensional criteria in a special
  697  permit, the penalty shall be as provided in s. 316.516 and
  698  penalties for multiple violations of dimensional criteria shall
  699  be cumulative except that the total penalty for the vehicle
  700  shall not exceed $1,000.
  701         (c) For each violation of an operational or safety
  702  stipulation in a special permit, the penalty shall be an amount
  703  not to exceed $1,000 per violation and penalties for multiple
  704  violations of operational or safety stipulations shall be
  705  cumulative except that the total penalty for the vehicle shall
  706  not exceed $1,000.
  707         (d) For violation of any special condition that has been
  708  prescribed in the rules of the Department of Transportation and
  709  declared on the permit, the vehicle shall be determined to be
  710  out of conformance with the permit and the permit shall be
  711  declared null and void for the vehicle, and weight and
  712  dimensional limits for the vehicle shall be as established in s.
  713  316.515 or s. 316.535, whichever is applicable, and:
  714         1. For weight violations, a penalty as provided in s.
  715  316.545 shall be assessed for those weights which exceed the
  716  limits thus established for the vehicle; and
  717         2. For dimensional, operational, or safety violations, a
  718  penalty as established in paragraph (c) or s. 316.516, whichever
  719  is applicable, shall be assessed for each nonconforming
  720  dimensional, operational, or safety violation and the penalties
  721  for multiple violations shall be cumulative for the vehicle.
  722         Section 14. Subsection (3) of section 316.646, Florida
  723  Statutes, is amended to read:
  724         316.646 Security required; proof of security and display
  725  thereof; dismissal of cases.—
  726         (3) Any person who violates this section commits a
  727  nonmoving traffic infraction subject to the penalty provided in
  728  chapter 318 and shall be required to furnish proof of security
  729  as provided in this section. If any person is found guilty and
  730  convicted of charged with a violation of this section and fails
  731  to furnish proof, at or before the scheduled court appearance
  732  date, that security was in effect at the time of the violation,
  733  the court shall notify the department to may immediately suspend
  734  the registration and driver’s license of such person. If the
  735  court fails to order the suspension of the driving privilege for
  736  a conviction of a violation of this section at the time of
  737  sentencing, the department shall, upon receiving the conviction
  738  from the court, suspend the driving privilege as provided in s.
  739  324.0221. Such license and registration may be reinstated only
  740  as provided in s. 324.0221.
  741         Section 15. Subsection (9) of section 317.0003, Florida
  742  Statutes, is amended to read:
  743         317.0003 Definitions.—As used in this chapter, the term:
  744         (9) “ROV” means any motorized recreational off-highway
  745  vehicle 60 inches or less in width, having a dry weight of 1,500
  746  pounds or less, designed to travel on four or more nonhighway
  747  tires, having nonstraddle seating and a steering wheel, and
  748  manufactured for recreational use by one or more persons. The
  749  term “ROV” does not include a golf cart as defined in ss.
  750  320.01(22) and 316.003(68) or a low-speed vehicle as defined in
  751  s. 320.01(42).
  752         Section 16. Subsections (1), (2), and (3) and paragraph (a)
  753  of subsection (13) of section 318.14, Florida Statutes, are
  754  amended to read:
  755         318.14 Noncriminal traffic infractions; exception;
  756  procedures.—
  757         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
  758  person cited for a violation of chapter 316, s. 320.0605, s.
  759  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
  760  (3), s. 322.1615 s. 322.161(5), s. 322.19, or s. 1006.66(3) is
  761  charged with a noncriminal infraction and must be cited for such
  762  an infraction and cited to appear before an official. If another
  763  person dies as a result of the noncriminal infraction, the
  764  person cited may be required to perform 120 community service
  765  hours under s. 316.027(4), in addition to any other penalties.
  766         (2) Except as provided in s. 316.1001(2), any person cited
  767  for a violation requiring a mandatory hearing listed in s.
  768  318.19, or for any other criminal traffic violation listed in
  769  chapter 316, an infraction under this section must sign and
  770  accept a citation indicating a promise to appear. The officer
  771  may indicate on the traffic citation the time and location of
  772  the scheduled hearing and must indicate the applicable civil
  773  penalty established in s. 318.18.
  774         (3) Any person who willfully refuses to accept and sign a
  775  summons as provided in subsection (2) commits is guilty of a
  776  misdemeanor of the second degree.
  777         (13)(a) A person cited for a violation listed in of s.
  778  316.1926 shall, in addition to any other requirements provided
  779  in this section, pay a fine of $1,000. This fine is in lieu of
  780  the fine required under s. 318.18(3)(b), if the person was cited
  781  for violation of s. 316.1926(2).
  782         Section 17. Subsection (3) of section 318.18, Florida
  783  Statutes, is amended to read:
  784         318.18 Amount of penalties.—The penalties required for a
  785  noncriminal disposition pursuant to s. 318.14 or a criminal
  786  offense listed in s. 318.17 are as follows:
  787         (3)(a) Except as otherwise provided in this section, $60
  788  for all moving violations not requiring a mandatory appearance.
  789         (b) For moving violations involving unlawful speed, the
  790  fines are as follows:
  791  
  792  For speed exceeding the limit by:                          Fine:
  793  1-5 m.p.h................................................Warning
  794  6-9 m.p.h....................................................$25
  795  10-14 m.p.h.................................................$100
  796  15-19 m.p.h.................................................$150
  797  20-29 m.p.h.................................................$175
  798  30 m.p.h. and above.........................................$250
  799         (c) Notwithstanding paragraph (b), a person cited for
  800  exceeding the speed limit by up to 5 m.p.h. in a legally posted
  801  school zone will be fined $50. A person exceeding the speed
  802  limit in a school zone shall pay a fine double the amount listed
  803  in paragraph (b).
  804         (d) A person cited for exceeding the speed limit in a
  805  posted construction zone, which posting must include
  806  notification of the speed limit and the doubling of fines, shall
  807  pay a fine double the amount listed in paragraph (b). The fine
  808  shall be doubled for construction zone violations only if
  809  construction personnel are present or operating equipment on the
  810  road or immediately adjacent to the road under construction.
  811         (e) A person cited for exceeding the speed limit in an
  812  enhanced penalty zone shall pay a fine amount of $50 plus the
  813  amount listed in paragraph (b). Notwithstanding paragraph (b), a
  814  person cited for exceeding the speed limit by up to 5 m.p.h. in
  815  a legally posted enhanced penalty zone shall pay a fine amount
  816  of $50.
  817         (f) If a violation of s. 316.1301 or s. 316.1303 results in
  818  an injury to the pedestrian or damage to the property of the
  819  pedestrian, an additional fine of up to $250 shall be paid. This
  820  amount must be distributed pursuant to s. 318.21.
  821         (g) A person cited for exceeding the speed limit within a
  822  zone posted for any electronic or manual toll collection
  823  facility shall pay a fine double the amount listed in paragraph
  824  (b). However, no person cited for exceeding the speed limit in
  825  any toll collection zone shall be subject to a doubled fine
  826  unless the governmental entity or authority controlling the toll
  827  collection zone first installs a traffic control device
  828  providing warning that speeding fines are doubled. Any such
  829  traffic control device must meet the requirements of the uniform
  830  system of traffic control devices.
  831         (h) A person cited for a second or subsequent conviction of
  832  speed exceeding the limit by 30 miles per hour and above within
  833  a 12-month period shall pay a fine that is double the amount
  834  listed in paragraph (b). For purposes of this paragraph, the
  835  term “conviction” means a finding of guilt as a result of a jury
  836  verdict, nonjury trial, or entry of a plea of guilty. Moneys
  837  received from the increased fine imposed by this paragraph shall
  838  be remitted to the Department of Revenue and deposited into the
  839  Department of Health Administrative Trust Fund to provide
  840  financial support to certified trauma centers to assure the
  841  availability and accessibility of trauma services throughout the
  842  state. Funds deposited into the Administrative Trust Fund under
  843  this section shall be allocated as follows:
  844         1. Fifty percent shall be allocated equally among all Level
  845  I, Level II, and pediatric trauma centers in recognition of
  846  readiness costs for maintaining trauma services.
  847         2. Fifty percent shall be allocated among Level I, Level
  848  II, and pediatric trauma centers based on each center’s relative
  849  volume of trauma cases as reported in the Department of Health
  850  Trauma Registry.
  851         (i) A person cited for aggressive careless driving as
  852  provided in s. 316.1923 shall pay a fine at least double the
  853  amount listed in paragraph (a).
  854         Section 18. Section 318.19, Florida Statutes, is amended to
  855  read:
  856         318.19 Infractions requiring a mandatory hearing.—Any
  857  person cited for the infractions listed in this section shall
  858  not have the provisions of s. 318.14(2), (4), and (9) available
  859  to him or her but must appear before the designated official at
  860  the time and location of the scheduled hearing:
  861         (1) Any infraction which results in a crash that causes the
  862  death of another;
  863         (2) Any infraction which results in a crash that causes
  864  “serious bodily injury” of another as defined in s. 316.1933(1);
  865         (3) Any infraction of s. 316.172(1)(b);
  866         (4) Any infraction of s. 316.520(1) or (2); or
  867         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  868  316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
  869         (6) Any infraction of s. 316.1923.
  870         Section 19. Section 319.14, Florida Statutes, is amended to
  871  read:
  872         319.14 Sale of motor vehicles registered or used as
  873  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
  874  and nonconforming vehicles, custom vehicles, or street rod
  875  vehicles.—
  876         (1)(a) A No person may not shall knowingly offer for sale,
  877  sell, or exchange any vehicle that has been licensed,
  878  registered, or used as a taxicab, police vehicle, or short-term
  879  lease vehicle, or a vehicle that has been repurchased by a
  880  manufacturer pursuant to a settlement, determination, or
  881  decision under chapter 681, until the department has stamped in
  882  a conspicuous place on the certificate of title of the vehicle,
  883  or its duplicate, words stating the nature of the previous use
  884  of the vehicle or the title has been stamped “Manufacturer’s Buy
  885  Back” to reflect that the vehicle is a nonconforming vehicle. If
  886  the certificate of title or duplicate was not so stamped upon
  887  initial issuance thereof or if, subsequent to initial issuance
  888  of the title, the use of the vehicle is changed to a use
  889  requiring the notation provided for in this section, the owner
  890  or lienholder of the vehicle shall surrender the certificate of
  891  title or duplicate to the department before prior to offering
  892  the vehicle for sale, and the department shall stamp the
  893  certificate or duplicate as required herein. If When a vehicle
  894  has been repurchased by a manufacturer pursuant to a settlement,
  895  determination, or decision under chapter 681, the title shall be
  896  stamped “Manufacturer’s Buy Back” to reflect that the vehicle is
  897  a nonconforming vehicle.
  898         (b) A No person may not shall knowingly offer for sale,
  899  sell, or exchange a rebuilt vehicle until the department has
  900  stamped in a conspicuous place on the certificate of title for
  901  the vehicle words stating that the vehicle has been rebuilt or
  902  assembled from parts, or is a kit car, glider kit, replica, or
  903  flood vehicle, custom vehicle, or street rod vehicle unless
  904  proper application for a certificate of title for a vehicle that
  905  is rebuilt or assembled from parts, or is a kit car, glider kit,
  906  replica, or flood vehicle, custom vehicle, or street rod vehicle
  907  has been made to the department in accordance with this chapter
  908  and the department has conducted the physical examination of the
  909  vehicle to assure the identity of the vehicle and all major
  910  component parts, as defined in s. 319.30(1), which have been
  911  repaired or replaced. Thereafter, the department shall affix a
  912  decal to the vehicle, in the manner prescribed by the
  913  department, showing the vehicle to be rebuilt.
  914         (c) As used in this section, the term:
  915         1. “Police vehicle” means a motor vehicle owned or leased
  916  by the state or a county or municipality and used in law
  917  enforcement.
  918         2.a. “Short-term-lease vehicle” means a motor vehicle
  919  leased without a driver and under a written agreement to one or
  920  more persons from time to time for a period of less than 12
  921  months.
  922         b. “Long-term-lease vehicle” means a motor vehicle leased
  923  without a driver and under a written agreement to one person for
  924  a period of 12 months or longer.
  925         c. “Lease vehicle” includes both short-term-lease vehicles
  926  and long-term-lease vehicles.
  927         3. “Rebuilt vehicle” means a motor vehicle or mobile home
  928  built from salvage or junk, as defined in s. 319.30(1).
  929         4. “Assembled from parts” means a motor vehicle or mobile
  930  home assembled from parts or combined from parts of motor
  931  vehicles or mobile homes, new or used. “Assembled from parts”
  932  does not mean a motor vehicle defined as a “rebuilt vehicle” in
  933  subparagraph 3., which has been declared a total loss pursuant
  934  to s. 319.30.
  935         5. “Kit car” means a motor vehicle assembled with a kit
  936  supplied by a manufacturer to rebuild a wrecked or outdated
  937  motor vehicle with a new body kit.
  938         6. “Glider kit” means a vehicle assembled with a kit
  939  supplied by a manufacturer to rebuild a wrecked or outdated
  940  truck or truck tractor.
  941         7. “Replica” means a complete new motor vehicle
  942  manufactured to look like an old vehicle.
  943         8. “Flood vehicle” means a motor vehicle or mobile home
  944  that has been declared to be a total loss pursuant to s.
  945  319.30(3)(a) resulting from damage caused by water.
  946         9. “Nonconforming vehicle” means a motor vehicle which has
  947  been purchased by a manufacturer pursuant to a settlement,
  948  determination, or decision under chapter 681.
  949         10. “Settlement” means an agreement entered into between a
  950  manufacturer and a consumer that occurs after a dispute is
  951  submitted to a program, or an informal dispute settlement
  952  procedure established by a manufacturer or is approved for
  953  arbitration before the New Motor Vehicle Arbitration Board as
  954  defined in s. 681.102.
  955         11. “Custom vehicle” means a motor vehicle that:
  956         a.Is 25 years of age or older and of a model year after
  957  1948, or was manufactured to resemble a vehicle that is 25 years
  958  of age or older and of a model year after 1948; and
  959         b.Has been altered from the manufacturer’s original design
  960  or has a body constructed from nonoriginal materials.
  961  
  962  The model year and year of manufacture which the body of a
  963  custom vehicle resembles is the model year and year of
  964  manufacture listed on the certificate of title, regardless of
  965  when the vehicle was actually manufactured.
  966         12.“Street rod” means a motor vehicle that:
  967         a.Is a model year of 1948 or older or was manufactured
  968  after 1948 to resemble a vehicle of a model year of 1948 or
  969  older; and
  970         b.Has been altered from the manufacturer’s original design
  971  or has a body constructed from nonoriginal materials.
  972  
  973  The model year and year of manufacture which the body of a
  974  street rod resembles is the model year and year of manufacture
  975  listed on the certificate of title, regardless of when the
  976  vehicle was actually manufactured.
  977         (2) A No person may not shall knowingly sell, exchange, or
  978  transfer a vehicle referred to in subsection (1) without, before
  979  prior to consummating the sale, exchange, or transfer,
  980  disclosing in writing to the purchaser, customer, or transferee
  981  the fact that the vehicle has previously been titled,
  982  registered, or used as a taxicab, police vehicle, or short-term
  983  lease vehicle, or is a vehicle that is rebuilt or assembled from
  984  parts, or is a kit car, glider kit, replica, or flood vehicle,
  985  or is a nonconforming vehicle, custom vehicle, or street rod
  986  vehicle, as the case may be.
  987         (3) Any person who, with intent to offer for sale or
  988  exchange any vehicle referred to in subsection (1), knowingly or
  989  intentionally advertises, publishes, disseminates, circulates,
  990  or places before the public in any communications medium,
  991  whether directly or indirectly, any offer to sell or exchange
  992  the vehicle shall clearly and precisely state in each such offer
  993  that the vehicle has previously been titled, registered, or used
  994  as a taxicab, police vehicle, or short-term-lease vehicle or
  995  that the vehicle or mobile home is a vehicle that is rebuilt or
  996  assembled from parts, or is a kit car, glider kit, replica, or
  997  flood vehicle, or is a nonconforming vehicle, custom vehicle, or
  998  street rod vehicle, as the case may be. Any person who violates
  999  this subsection commits a misdemeanor of the second degree,
 1000  punishable as provided in s. 775.082 or s. 775.083.
 1001         (4) If When a certificate of title, including a foreign
 1002  certificate, is branded to reflect a condition or prior use of
 1003  the titled vehicle, the brand must be noted on the registration
 1004  certificate of the vehicle and such brand shall be carried
 1005  forward on all subsequent certificates of title and registration
 1006  certificates issued for the life of the vehicle.
 1007         (5) Any person who knowingly sells, exchanges, or offers to
 1008  sell or exchange a motor vehicle or mobile home contrary to the
 1009  provisions of this section or any officer, agent, or employee of
 1010  a person who knowingly authorizes, directs, aids in, or consents
 1011  to the sale, exchange, or offer to sell or exchange a motor
 1012  vehicle or mobile home contrary to the provisions of this
 1013  section commits a misdemeanor of the second degree, punishable
 1014  as provided in s. 775.082 or s. 775.083.
 1015         (6) Any person who removes a rebuilt decal from a rebuilt
 1016  vehicle with the intent to conceal the rebuilt status of the
 1017  vehicle commits a felony of the third degree, punishable as
 1018  provided in s. 775.082, s. 775.083, or s. 775.084.
 1019         (7) This section applies to a mobile home, travel trailer,
 1020  camping trailer, truck camper, or fifth-wheel recreation trailer
 1021  only when the such mobile home or vehicle is a rebuilt vehicle
 1022  or is assembled from parts.
 1023         (8) A No person is not shall be liable or accountable in
 1024  any civil action arising out of a violation of this section if
 1025  the designation of the previous use or condition of the motor
 1026  vehicle is not noted on the certificate of title and
 1027  registration certificate of the vehicle which was received by,
 1028  or delivered to, such person, unless the such person has
 1029  actively concealed the prior use or condition of the vehicle
 1030  from the purchaser.
 1031         (9) Subsections (1), (2), and (3) do not apply to the
 1032  transfer of ownership of a motor vehicle after the motor vehicle
 1033  has ceased to be used as a lease vehicle and the ownership has
 1034  been transferred to an owner for private use or to the transfer
 1035  of ownership of a nonconforming vehicle with 36,000 or more
 1036  miles on its odometer, or 34 months whichever is later and the
 1037  ownership has been transferred to an owner for private use. Such
 1038  owner, as shown on the title certificate, may request the
 1039  department to issue a corrected certificate of title that does
 1040  not contain the statement of the previous use of the vehicle as
 1041  a lease vehicle or condition as a nonconforming vehicle.
 1042         Section 20. Present subsections (24) through (45) of
 1043  section 320.01, Florida Statutes, are renumbered as subsections
 1044  (23) through (44), respectively, and present subsections (23),
 1045  (25), and (26) of that section are amended, to read:
 1046         320.01 Definitions, general.—As used in the Florida
 1047  Statutes, except as otherwise provided, the term:
 1048         (23)“Apportioned motor vehicle” means any motor vehicle
 1049  which is required to be registered, or with respect to which an
 1050  election has been made to register it, under the International
 1051  Registration Plan.
 1052         (24)(25) “Apportionable vehicle” means any vehicle, except
 1053  recreational vehicles, vehicles displaying restricted plates,
 1054  city pickup and delivery vehicles, buses used in transportation
 1055  of chartered parties, and government-owned vehicles, which is
 1056  used or intended for use in two or more member jurisdictions
 1057  that allocate or proportionally register vehicles and which is
 1058  used for the transportation of persons for hire or is designed,
 1059  used, or maintained primarily for the transportation of property
 1060  and:
 1061         (a) Is a power unit having a gross vehicle weight in excess
 1062  of 26,000 26,001 pounds;
 1063         (b) Is a power unit having three or more axles, regardless
 1064  of weight; or
 1065         (c) Is used in combination, when the weight of such
 1066  combination exceeds 26,000 26,001 pounds gross vehicle weight.
 1067  
 1068  Vehicles, or combinations thereof, having a gross vehicle weight
 1069  of 26,000 26,001 pounds or less and two-axle vehicles may be
 1070  proportionally registered.
 1071         (25)(26) “Commercial motor vehicle” means any vehicle that
 1072  which is not owned or operated by a governmental entity, that
 1073  which uses special fuel or motor fuel on the public highways,
 1074  and that which has a gross vehicle weight of 26,000 26,001
 1075  pounds or more, or has three or more axles regardless of weight,
 1076  or is used in combination when the weight of such combination
 1077  exceeds 26,000 26,001 pounds gross vehicle weight. A vehicle
 1078  that occasionally transports personal property to and from a
 1079  closed-course motorsport facility, as defined in s.
 1080  549.09(1)(a), is not a commercial motor vehicle if the use is
 1081  not for profit and corporate sponsorship is not involved. As
 1082  used in this subsection, the term “corporate sponsorship” means
 1083  a payment, donation, gratuity, in-kind service, or other benefit
 1084  provided to or derived by a person in relation to the underlying
 1085  activity, other than the display of product or corporate names,
 1086  logos, or other graphic information on the property being
 1087  transported.
 1088         Section 21. Subsections (7) and (9) of section 320.03,
 1089  Florida Statutes, are amended to read:
 1090         320.03 Registration; duties of tax collectors;
 1091  International Registration Plan.—
 1092         (7) The Department of Highway Safety and Motor Vehicles
 1093  shall register apportionable apportioned motor vehicles under
 1094  the provisions of the International Registration Plan. The
 1095  department may adopt rules to implement and enforce the
 1096  provisions of the plan.
 1097         (9) A nonrefundable fee of $1.50 shall be charged on the
 1098  initial and renewal registration of each automobile for private
 1099  use, and on the initial and renewal registration of each truck
 1100  having a net weight of 8,000 5,000 pounds or less. Such fees
 1101  shall be deposited in the Transportation Disadvantaged Trust
 1102  Fund created in part I of chapter 427 and shall be used as
 1103  provided therein, except that priority shall be given to the
 1104  transportation needs of those who, because of age or physical
 1105  and mental disability, are unable to transport themselves and
 1106  are dependent upon others to obtain access to health care,
 1107  employment, education, shopping, or other life-sustaining
 1108  activities.
 1109         Section 22. Paragraph (a) of subsection (1) and subsection
 1110  (5) of section 320.055, Florida Statutes, are amended to read:
 1111         320.055 Registration periods; renewal periods.—The
 1112  following registration periods and renewal periods are
 1113  established:
 1114         (1)(a) For a motor vehicle subject to registration under s.
 1115  320.08(1), (2), (3), (4)(a) or (b), (5)(b), (c), (d), or (f),
 1116  (6)(a), (7), (8), (9), or (10) and owned by a natural person,
 1117  the registration period begins the first day of the birth month
 1118  of the owner and ends the last day of the month immediately
 1119  preceding the owner’s birth month in the succeeding year. If
 1120  such vehicle is registered in the name of more than one person,
 1121  the birth month of the person whose name first appears on the
 1122  registration shall be used to determine the registration period.
 1123  For a vehicle subject to this registration period, the renewal
 1124  period is the 30-day period ending at midnight on the vehicle
 1125  owner’s date of birth.
 1126         (5) For a vehicle subject to apportioned registration under
 1127  s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the registration
 1128  period shall be a period of 12 months beginning in a month
 1129  designated by the department and ending on the last day of the
 1130  12th month. For a vehicle subject to this registration period,
 1131  the renewal period is the last month of the registration period.
 1132  The registration period may be shortened or extended at the
 1133  discretion of the department, on receipt of the appropriate
 1134  prorated fees, in order to evenly distribute such registrations
 1135  on a monthly basis. For a vehicle subject to nonapportioned
 1136  registration under s. 320.08(4)(a) or (b) and not owned by a
 1137  natural person, s. 320.08(4)(c), (d), (e), (f), (g), (h), (i),
 1138  (j), (k), (l), (m), or (n), (5)(a)1., (6)(b), or (14), the
 1139  registration period begins December 1 and ends November 30. The
 1140  renewal period is the 31-day period beginning December 1.
 1141         Section 23. Paragraph (b) of subsection (1) of section
 1142  320.071, Florida Statutes, is amended to read:
 1143         320.071 Advance registration renewal; procedures.—
 1144         (1)
 1145         (b) The owner of any apportionable apportioned motor
 1146  vehicle currently registered in this state may file an
 1147  application for renewal of registration with the department any
 1148  time during the 3 5 months preceding the date of expiration of
 1149  the registration period.
 1150         Section 24. Subsections (1) and (3) of section 320.0715,
 1151  Florida Statutes, are amended to read:
 1152         320.0715 International Registration Plan; motor carrier
 1153  services; permits; retention of records.—
 1154         (1) All apportionable commercial motor vehicles domiciled
 1155  in this state and engaged in interstate commerce shall be
 1156  registered in accordance with the provisions of the
 1157  International Registration Plan and shall display apportioned
 1158  license plates.
 1159         (3)(a) If the department is unable to immediately issue the
 1160  apportioned license plate to an applicant currently registered
 1161  in this state under the International Registration Plan or to a
 1162  vehicle currently titled in this state, the department or its
 1163  designated agent is authorized to issue a 60-day temporary
 1164  operational permit. The department or agent of the department
 1165  shall charge a $3 fee and the service charge authorized by s.
 1166  320.04 for each temporary operational permit it issues.
 1167         (b) The department shall in no event issue a temporary
 1168  operational permit for any apportionable commercial motor
 1169  vehicle to any applicant until the applicant has shown that:
 1170         1. All sales or use taxes due on the registration of the
 1171  vehicle are paid; and
 1172         2. Insurance requirements have been met in accordance with
 1173  ss. 320.02(5) and 627.7415.
 1174         (c) Issuance of a temporary operational permit provides
 1175  commercial motor vehicle registration privileges in each
 1176  International Registration Plan member jurisdiction designated
 1177  on said permit and therefore requires payment of all applicable
 1178  registration fees and taxes due for that period of registration.
 1179         (d) Application for permanent registration must be made to
 1180  the department within 10 days following from issuance of a
 1181  temporary operational permit. Failure to file an application
 1182  within this 10-day period may result in cancellation of the
 1183  temporary operational permit.
 1184         Section 25. Paragraph (d) of subsection (5) of section
 1185  320.08, Florida Statutes, is amended to read:
 1186         320.08 License taxes.—Except as otherwise provided herein,
 1187  there are hereby levied and imposed annual license taxes for the
 1188  operation of motor vehicles, mopeds, motorized bicycles as
 1189  defined in s. 316.003(2), and mobile homes, as defined in s.
 1190  320.01, which shall be paid to and collected by the department
 1191  or its agent upon the registration or renewal of registration of
 1192  the following:
 1193         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
 1194  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
 1195         (d) A wrecker, as defined in s. 320.01(40), which is used
 1196  to tow a vessel as defined in s. 327.02(39), a disabled,
 1197  abandoned, stolen-recovered, or impounded motor vehicle as
 1198  defined in s. 320.01(38), or a replacement motor vehicle as
 1199  defined in s. 320.01(39): $41 flat, of which $11 shall be
 1200  deposited into the General Revenue Fund.
 1201         Section 26. Subsections (1) and (2) of section 320.0807,
 1202  Florida Statutes, are amended to read:
 1203         320.0807 Special license plates for Governor and federal
 1204  and state legislators.—
 1205         (1) Upon application by any member of the House of
 1206  Representatives of Congress and payment of the fees prescribed
 1207  by s. 320.0805, the department is authorized to issue to such
 1208  Member of Congress a license plate stamped “Member of Congress”
 1209  followed by the number of the appropriate congressional district
 1210  and the letters “MC,” or any other configuration chosen by the
 1211  member which is not already in use. Upon application by a United
 1212  States Senator and payment of the fees prescribed by s.
 1213  320.0805, the department is authorized to issue a license plate
 1214  stamped “USS,” followed by the numeral II in the case of the
 1215  junior senator.
 1216         (2) Upon application by any member of the state House of
 1217  Representatives and payment of the fees prescribed by s.
 1218  320.0805, the department is authorized to issue such state
 1219  representative license plates stamped in bold letters “State
 1220  Legislator,” followed by the number of the appropriate House of
 1221  Representatives district and the letters “HR,” or any other
 1222  configuration chosen by the member which is not already in use
 1223  on one plate; the numbers of the other plates will be assigned
 1224  by the department. Upon application by a state senator and
 1225  payment of the fees prescribed by s. 320.0805, the department is
 1226  authorized to issue license plates stamped in bold letters
 1227  “State Senator,” followed by the number of the appropriate
 1228  Senate district and the letters “SS,” or any other configuration
 1229  chosen by the member which is not already in use on one plate;
 1230  the numbers of the other plates will be assigned by the
 1231  department.
 1232         Section 27. Subsection (4) of section 320.084, Florida
 1233  Statutes, is amended to read:
 1234         320.084 Free motor vehicle license plate to certain
 1235  disabled veterans.—
 1236         (4)(a) With the issuance of each new permanent “DV”
 1237  numerical motor vehicle license plate, the department shall
 1238  initially issue, without cost to the applicant, a validation
 1239  sticker reflecting the owner’s birth month and a serially
 1240  numbered validation sticker reflecting the year of expiration.
 1241  The initial sticker reflecting the year of expiration may not
 1242  exceed 27 15 months.
 1243         (b) There shall be a service charge in accordance with the
 1244  provisions of s. 320.04 for each initial application or renewal
 1245  of registration and an additional sum of 50 cents on each
 1246  license plate and validation sticker as provided in s.
 1247  320.06(3)(b).
 1248         (c) Registration under this section shall be renewed
 1249  annually or biennially during the applicable renewal period on
 1250  forms prescribed by the department, which shall include, in
 1251  addition to any other information required by the department, a
 1252  certified statement as to the continued eligibility of the
 1253  applicant to receive the special “DV” license plate. Any
 1254  applicant who falsely or fraudulently submits to the department
 1255  the certified statement required by this paragraph commits is
 1256  guilty of a noncriminal violation and is subject to a civil
 1257  penalty of $50.
 1258         Section 28. Subsection (1) of section 320.0847, Florida
 1259  Statutes, is amended to read:
 1260         320.0847 Mini truck and low-speed vehicle license plates.—
 1261         (1) The department shall issue a license plate to the owner
 1262  or lessee of any vehicle registered as a low-speed vehicle as
 1263  defined in s. 320.01(42) or a mini truck as defined in s.
 1264  320.01(45) upon payment of the appropriate license taxes and
 1265  fees prescribed in s. 320.08.
 1266         Section 29. Section 320.0863, Florida Statutes, is amended
 1267  to read:
 1268         320.0863 Custom vehicles and street rods; registration and
 1269  license plates.—
 1270         (1) As used in this section, the term:
 1271         (a) “blue dot tail light” means a red lamp that contains a
 1272  blue or purple insert that is not more than one inch in diameter
 1273  and is installed in the rear of a motor vehicle.
 1274         (b)“Custom vehicle” means a motor vehicle that:
 1275         1.Is 25 years old or older and of a model year after 1948
 1276  or was manufactured to resemble a vehicle that is 25 years old
 1277  or older and of a model year after 1948; and
 1278         2.Has been altered from the manufacturer’s original design
 1279  or has a body constructed from nonoriginal materials.
 1280         (c)“Street rod” means a motor vehicle that:
 1281         1.Is of a model year of 1948 or older or was manufactured
 1282  after 1948 to resemble a vehicle of a model year of 1948 or
 1283  older; and
 1284         2.Has been altered from the manufacturer’s original design
 1285  or has a body constructed from nonoriginal materials.
 1286         (2)The model year and year of manufacture which the body
 1287  of a custom vehicle or street rod resembles is the model year
 1288  and year of manufacture listed on the certificate of title,
 1289  regardless of when the vehicle was actually manufactured.
 1290         (2)(3) To register a street rod or custom vehicle as
 1291  defined in s. 319.14(1)(c), the owner shall apply to the
 1292  department by submitting a completed application form and
 1293  providing:
 1294         (a) The license tax prescribed by s. 320.08(2)(a) and a
 1295  processing fee of $3;
 1296         (b) A written statement that the vehicle will not be used
 1297  for general daily transportation but will be maintained for
 1298  occasional transportation, exhibitions, club activities,
 1299  parades, tours, or other functions of public interest and
 1300  similar uses; and
 1301         (c) A written statement that the vehicle meets state
 1302  equipment and safety requirements for motor vehicles. However,
 1303  the vehicle must meet only the requirements that were in effect
 1304  in this state as a condition of sale in the year listed as the
 1305  model year on the certificate of title.
 1306         (3)(4) The registration numbers and special license plates
 1307  assigned to such vehicles shall run in a separate series,
 1308  commencing with “Custom Vehicle 1” or “Street Rod 1,”
 1309  respectively, and the plates shall be of a distinguishing color
 1310  and design.
 1311         (4)(5)(a) A vehicle registered under this section is exempt
 1312  from any law or local ordinance that requires periodic vehicle
 1313  inspections or the use and inspection of emission controls.
 1314         (b) Such vehicle may also be equipped with blue dot tail
 1315  lights for stop lamps, rear turning indicator lamps, rear hazard
 1316  lamps, and rear reflectors.
 1317         Section 30. Subsection (8) of section 320.131, Florida
 1318  Statutes, is amended to read:
 1319         320.131 Temporary tags.—
 1320         (8) The department shall administer an electronic system
 1321  for licensed motor vehicle dealers to use for issuing temporary
 1322  tags. If a dealer fails to comply with the department’s
 1323  requirements for issuing temporary tags using the electronic
 1324  system, the department may deny, suspend, or revoke a license
 1325  under s. 320.27(9)(b)17. s. 320.27(9)(b)16. upon proof that the
 1326  licensee has failed to comply with the department’s
 1327  requirements. The department may adopt rules to administer this
 1328  section.
 1329         Section 31. Paragraph (b) of subsection (9) of section
 1330  320.27, Florida Statutes, is amended to read:
 1331         320.27 Motor vehicle dealers.—
 1332         (9) DENIAL, SUSPENSION, OR REVOCATION.—
 1333         (b) The department may deny, suspend, or revoke any license
 1334  issued hereunder or under the provisions of s. 320.77 or s.
 1335  320.771 upon proof that a licensee has committed, with
 1336  sufficient frequency so as to establish a pattern of wrongdoing
 1337  on the part of a licensee, violations of one or more of the
 1338  following activities:
 1339         1. Representation that a demonstrator is a new motor
 1340  vehicle, or the attempt to sell or the sale of a demonstrator as
 1341  a new motor vehicle without written notice to the purchaser that
 1342  the vehicle is a demonstrator. For the purposes of this section,
 1343  a “demonstrator,” a “new motor vehicle,” and a “used motor
 1344  vehicle” shall be defined as under s. 320.60.
 1345         2. Unjustifiable refusal to comply with a licensee’s
 1346  responsibility under the terms of the new motor vehicle warranty
 1347  issued by its respective manufacturer, distributor, or importer.
 1348  However, if such refusal is at the direction of the
 1349  manufacturer, distributor, or importer, such refusal shall not
 1350  be a ground under this section.
 1351         3. Misrepresentation or false, deceptive, or misleading
 1352  statements with regard to the sale or financing of motor
 1353  vehicles which any motor vehicle dealer has, or causes to have,
 1354  advertised, printed, displayed, published, distributed,
 1355  broadcast, televised, or made in any manner with regard to the
 1356  sale or financing of motor vehicles.
 1357         4. Failure to honor a bank draft or check given to the
 1358  department for payment of any fees within 10 days after
 1359  notification that the bank draft or check has been dishonored.
 1360  If the transaction is disputed, the maker of the bank draft or
 1361  check shall post a bond in accordance with s. 559.917, and a
 1362  proceeding for revocation or suspension may not be commenced
 1363  until the dispute is resolved.
 1364         5.4. Failure by any motor vehicle dealer to provide a
 1365  customer or purchaser with an odometer disclosure statement and
 1366  a copy of any bona fide written, executed sales contract or
 1367  agreement of purchase connected with the purchase of the motor
 1368  vehicle purchased by the customer or purchaser.
 1369         6.5. Failure of any motor vehicle dealer to comply with the
 1370  terms of any bona fide written, executed agreement, pursuant to
 1371  the sale of a motor vehicle.
 1372         7.6. Failure to apply for transfer of a title as prescribed
 1373  in s. 319.23(6).
 1374         8.7. Use of the dealer license identification number by any
 1375  person other than the licensed dealer or his or her designee.
 1376         9.8. Failure to continually meet the requirements of the
 1377  licensure law.
 1378         10.9. Representation to a customer or any advertisement to
 1379  the public representing or suggesting that a motor vehicle is a
 1380  new motor vehicle if such vehicle lawfully cannot be titled in
 1381  the name of the customer or other member of the public by the
 1382  seller using a manufacturer’s statement of origin as permitted
 1383  in s. 319.23(1).
 1384         11.10. Requirement by any motor vehicle dealer that a
 1385  customer or purchaser accept equipment on his or her motor
 1386  vehicle which was not ordered by the customer or purchaser.
 1387         12.11. Requirement by any motor vehicle dealer that any
 1388  customer or purchaser finance a motor vehicle with a specific
 1389  financial institution or company.
 1390         13.12. Requirement by any motor vehicle dealer that the
 1391  purchaser of a motor vehicle contract with the dealer for
 1392  physical damage insurance.
 1393         14.13. Perpetration of a fraud upon any person as a result
 1394  of dealing in motor vehicles, including, without limitation, the
 1395  misrepresentation to any person by the licensee of the
 1396  licensee’s relationship to any manufacturer, importer, or
 1397  distributor.
 1398         15.14. Violation of any of the provisions of s. 319.35 by
 1399  any motor vehicle dealer.
 1400         16.15. Sale by a motor vehicle dealer of a vehicle offered
 1401  in trade by a customer prior to consummation of the sale,
 1402  exchange, or transfer of a newly acquired vehicle to the
 1403  customer, unless the customer provides written authorization for
 1404  the sale of the trade-in vehicle prior to delivery of the newly
 1405  acquired vehicle.
 1406         17.16. Willful failure to comply with any administrative
 1407  rule adopted by the department or the provisions of s.
 1408  320.131(8).
 1409         18.17. Violation of chapter 319, this chapter, or ss.
 1410  559.901-559.9221, which has to do with dealing in or repairing
 1411  motor vehicles or mobile homes. Additionally, in the case of
 1412  used motor vehicles, the willful violation of the federal law
 1413  and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
 1414  the consumer sales window form.
 1415         19. Failure to obtain an off-premises permit as required in
 1416  subsection (5).
 1417         20.18. Failure to maintain evidence of notification to the
 1418  owner or coowner of a vehicle regarding registration or titling
 1419  fees owed as required in s. 320.02(16).
 1420         21.19. Failure to register a mobile home salesperson with
 1421  the department as required by this section.
 1422         Section 32. Subsection (10) of section 320.77, Florida
 1423  Statutes, is amended to read:
 1424         320.77 License required of mobile home dealers.—
 1425         (10) EVIDENCE OF TITLE REQUIRED.—The licensee shall also
 1426  have in his or her possession for each new mobile home a
 1427  manufacturer’s invoice or statement of origin, and for each used
 1428  mobile home a properly assigned certificate of title or
 1429  registration certificate if the used mobile home was previously
 1430  registered in a nontitle state, from the time the mobile home is
 1431  delivered to the licensee until it has been disposed of by him
 1432  or her, or the licensee shall have reasonable indicia of
 1433  ownership or shall have made proper application for a
 1434  certificate of title or duplicate certificate of title in
 1435  accordance with chapter 319. A mobile home dealer may not sell
 1436  or offer for sale a vehicle in his or her possession unless the
 1437  dealer satisfies the requirements of this subsection. Reasonable
 1438  indicia of ownership includes a consignment contract between the
 1439  owner and the dealer, along with a secure power of attorney from
 1440  the owner to the dealer authorizing the dealer to apply for a
 1441  duplicate certificate of title and assign the title on behalf of
 1442  the owner; a court order awarding title of the vehicle to the
 1443  dealer; a salvage certificate of title; a photocopy of a duly
 1444  assigned certificate of title which is held by a financial
 1445  institution as collateral for a business loan of money to the
 1446  dealer or “floor plan”; a copy of a canceled check or other
 1447  documentation evidencing that an outstanding lien on a vehicle
 1448  taken in trade by a licensed dealer has been satisfied and that
 1449  the certificate of title will be, but has not yet been, received
 1450  by the dealer; or a vehicle purchase order or installment
 1451  contract for a specific vehicle identifying that vehicle as a
 1452  trade-in on a replacement vehicle.
 1453         Section 33. Paragraph (f) of subsection (5) of section
 1454  320.8225, Florida Statutes, is amended, and paragraph (g) is
 1455  added to that subsection, to read:
 1456         320.8225 Mobile home and recreational vehicle manufacturer,
 1457  distributor, and importer license.—
 1458         (5) REQUIREMENT OF ASSURANCE.—
 1459         (f) Any surety company that cancels the bond of any
 1460  licensee shall notify the department, in writing, of such
 1461  cancellation, giving reason for the cancellation. The surety
 1462  bond may not be canceled on less than 30 days’ written notice by
 1463  the insurer to the department, with the 30-day period commencing
 1464  on the date that the written notice is received by the
 1465  department.
 1466         (g) The department shall revoke, suspend, or deny the
 1467  license issued under this chapter of a dealer who conducts
 1468  business during the license period without having in full force
 1469  and effect a surety bond that complies with this section.
 1470         Section 34. Section 321.03, Florida Statutes, is amended to
 1471  read:
 1472         321.03 Imitations prohibited; penalty.—Unless specifically
 1473  authorized by the Florida Highway Patrol, it is shall be
 1474  unlawful for any person or persons in the state to possess or
 1475  color or cause to be colored any motor vehicle or motorcycle the
 1476  same or similar color as the color or colors so prescribed for
 1477  the Florida Highway Patrol. Any person violating any of the
 1478  provisions of this section or s. 321.02 with respect to
 1479  uniforms, emblems, motor vehicles and motorcycles shall be
 1480  guilty of a misdemeanor of the first degree, punishable as
 1481  provided in s. 775.082 or s. 775.083. The Department of Highway
 1482  Safety and Motor Vehicles shall employ such clerical help and
 1483  mechanics as may be necessary for the economical and efficient
 1484  operation of such department.
 1485         Section 35. Section 321.05, Florida Statutes, is amended to
 1486  read:
 1487         321.05 Duties, functions, and powers of patrol officers.
 1488  The members of the Florida Highway Patrol are hereby declared to
 1489  be conservators of the peace and law enforcement officers of the
 1490  state, with the common-law right to arrest a person who, in the
 1491  presence of the arresting officer, commits a felony or commits
 1492  an affray or breach of the peace constituting a misdemeanor,
 1493  with full power to bear arms; and they shall apprehend, without
 1494  warrant, any person in the unlawful commission of any of the
 1495  acts over which the members of the Florida Highway Patrol are
 1496  given jurisdiction as hereinafter set out and deliver him or her
 1497  to the sheriff of the county that further proceedings may be had
 1498  against him or her according to law. In the performance of any
 1499  of the powers, duties, and functions authorized by law, members
 1500  of the Florida Highway Patrol shall have the same protections
 1501  and immunities afforded other peace officers, which shall be
 1502  recognized by all courts having jurisdiction over offenses
 1503  against the laws of this state, and shall have authority to
 1504  apply for, serve, and execute search warrants, arrest warrants,
 1505  capias, and other process of the court in those matters in which
 1506  patrol officers have primary responsibility as set forth in
 1507  subsection (1). The patrol officers under the direction and
 1508  supervision of the Department of Highway Safety and Motor
 1509  Vehicles shall perform and exercise throughout the state the
 1510  following duties, functions, and powers:
 1511         (1) To patrol the state highways and regulate, control, and
 1512  direct the movement of traffic thereon; to maintain the public
 1513  peace by preventing violence on highways; to apprehend fugitives
 1514  from justice; to enforce all laws now in effect regulating and
 1515  governing traffic, travel, and public safety upon the public
 1516  highways and providing for the protection of the public highways
 1517  and public property thereon; to make arrests without warrant for
 1518  the violation of any state law committed in their presence in
 1519  accordance with the laws of this state; providing that no search
 1520  shall be made unless it is incident to a lawful arrest, to
 1521  regulate and direct traffic concentrations and congestions; to
 1522  enforce laws governing the operation, licensing, and taxing and
 1523  limiting the size, weight, width, length, and speed of vehicles
 1524  and licensing and controlling the operations of drivers and
 1525  operators of vehicles; to cooperate with officials designated by
 1526  law to collect all state fees and revenues levied as an incident
 1527  to the use or right to use the highways for any purpose; to
 1528  require the drivers of vehicles to stop and exhibit their
 1529  driver’s licenses, registration cards, or documents required by
 1530  law to be carried by such vehicles; to investigate traffic
 1531  accidents, secure testimony of witnesses and of persons
 1532  involved, and make report thereof with copy, when requested in
 1533  writing, to any person in interest or his or her attorney; to
 1534  investigate reported thefts of vehicles and to seize contraband
 1535  or stolen property on or being transported on the highways. Each
 1536  law enforcement officer is subject to and shall have the same
 1537  arrest and other authority provided for law enforcement officers
 1538  generally in chapter 901 and shall have statewide jurisdiction.
 1539  Each officer shall also have arrest authority as provided for
 1540  state law enforcement officers in s. 901.15. This section shall
 1541  not be construed as being in conflict with, but is supplemental
 1542  to, chapter 933.
 1543         (2) To assist other constituted law enforcement officers of
 1544  the state to quell mobs and riots, guard prisoners, and police
 1545  disaster areas.
 1546         (3)(a) To make arrests while in fresh pursuit of a person
 1547  believed to have violated the traffic and other laws.
 1548         (b) To make arrest of a person wanted for a felony or
 1549  against whom a warrant has been issued on any charge in
 1550  violation of federal, state, or county laws or municipal
 1551  ordinances.
 1552         (4)(a) All fines and costs and the proceeds of the
 1553  forfeiture of bail bonds and recognizances resulting from the
 1554  enforcement of this chapter by patrol officers shall be paid
 1555  into the fine and forfeiture fund established pursuant to s.
 1556  142.01 of the county where the offense is committed. In all
 1557  cases of arrest by patrol officers, the person arrested shall be
 1558  delivered forthwith by said officer to the sheriff of the
 1559  county, or he or she shall obtain from such person arrested a
 1560  recognizance or, if deemed necessary, a cash bond or other
 1561  sufficient security conditioned for his or her appearance before
 1562  the proper tribunal of such county to answer the charge for
 1563  which he or she has been arrested; and all fees accruing shall
 1564  be taxed against the party arrested, which fees are hereby
 1565  declared to be part of the compensation of said sheriffs
 1566  authorized to be fixed by the Legislature under s. 5(c), Art. II
 1567  of the State Constitution, to be paid such sheriffs in the same
 1568  manner as fees are paid for like services in other criminal
 1569  cases. All patrol officers are hereby directed to deliver all
 1570  bonds accepted and approved by them to the sheriff of the county
 1571  in which the offense is alleged to have been committed. However,
 1572  no sheriff shall be paid any arrest fee for the arrest of a
 1573  person for violation of any section of chapter 316 when the
 1574  arresting officer was transported in a Florida Highway Patrol
 1575  car to the vicinity where the arrest was made; and no sheriff
 1576  shall be paid any fee for mileage for himself or herself or a
 1577  prisoner for miles traveled in a Florida Highway Patrol car. No
 1578  patrol officer shall be entitled to any fee or mileage cost
 1579  except when responding to a subpoena in a civil cause or except
 1580  when such patrol officer is appearing as an official witness to
 1581  testify at any hearing or law action in any court of this state
 1582  as a direct result of his or her employment as a patrol officer
 1583  during time not compensated as a part of his or her normal
 1584  duties. Nothing herein shall be construed as limiting the power
 1585  to locate and to take from any person under arrest or about to
 1586  be arrested deadly weapons. Nothing contained in this section
 1587  shall be construed as a limitation upon existing powers and
 1588  duties of sheriffs or police officers.
 1589         (b) Any person so arrested and released on his or her own
 1590  recognizance by an officer and who shall fail to appear or
 1591  respond to a notice to appear shall, in addition to the traffic
 1592  violation charge, be guilty of a noncriminal traffic infraction
 1593  subject to the penalty provided in s. 318.18(2).
 1594         (5) The department may employ or assign some fit and
 1595  suitable person with experience in the field of public relations
 1596  who shall have the duty to promote, coordinate, and publicize
 1597  the traffic safety activities in the state and assign such
 1598  person to the office of the Governor at a salary to be fixed by
 1599  the department. The person so assigned or employed shall be a
 1600  member of the uniform division of the Florida Highway Patrol,
 1601  and he or she shall have the pay and rank of lieutenant while on
 1602  such assignment.
 1603         (6) The Division of Florida Highway Patrol is authorized to
 1604  promulgate rules and regulations which may be necessary to
 1605  implement the provisions of chapter 316.
 1606         Section 36. Subsection (4) of section 322.0261, Florida
 1607  Statutes, is amended to read:
 1608         322.0261 Driver improvement course; requirement to maintain
 1609  driving privileges; failure to complete; department approval of
 1610  course.—
 1611         (4) The department shall identify any operator convicted
 1612  of, or who pleaded nolo contendere to, a violation of s.
 1613  316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
 1614  316.192, or s. 316.1923, and shall require that operator, in
 1615  addition to other applicable penalties, to attend a department
 1616  approved driver improvement course in order to maintain driving
 1617  privileges. If the operator fails to complete the course within
 1618  90 days after receiving notice from the department, the
 1619  operator’s driver license shall be canceled by the department
 1620  until the course is successfully completed.
 1621         Section 37. Subsection (1) of section 322.095, Florida
 1622  Statutes, is amended to read:
 1623         322.095 Traffic law and substance abuse education program
 1624  for driver’s license applicants.—
 1625         (1) The Department of Highway Safety and Motor Vehicles
 1626  must approve traffic law and substance abuse education courses
 1627  that must be completed by applicants for a Florida driver’s
 1628  license. The curricula for the courses must provide instruction
 1629  on the physiological and psychological consequences of the abuse
 1630  of alcohol and other drugs, the societal and economic costs of
 1631  alcohol and drug abuse, the effects of alcohol and drug abuse on
 1632  the driver of a motor vehicle, and the laws of this state
 1633  relating to the operation of a motor vehicle. All instructors
 1634  teaching the courses shall be certified by the department.
 1635         Section 38. Section 322.121, Florida Statutes, is amended
 1636  to read:
 1637         322.121 Periodic reexamination of all drivers.—
 1638         (1) It is the intent of the Legislature that all licensed
 1639  drivers in Florida be reexamined upon renewal of their licenses.
 1640  Because only a small percentage of drivers in the state are
 1641  categorized as problem drivers, the Legislature intends that the
 1642  large number of drivers who have not had any convictions for the
 1643  3 years preceding renewal and whose driving privilege in this
 1644  state has not been revoked, disqualified, or suspended at any
 1645  time during the 7 years preceding renewal be processed
 1646  expeditiously upon renewal of their licenses by examinations of
 1647  their eyesight and hearing only and that all other licensees be
 1648  tested, in addition to the eyesight and hearing examinations,
 1649  with respect to their ability to read and understand highway
 1650  signs regulating, warning, and directing traffic.
 1651         (2)Each licensee must pass a reexamination at the time of
 1652  renewal, except as otherwise provided in this chapter. For each
 1653  licensee whose driving record does not show any convictions for
 1654  the preceding 3 years or any revocations, disqualifications, or
 1655  suspensions for the preceding 7 years; and who, at the time of
 1656  renewal, presents a renewal notice verifying such safe driving
 1657  record, the reexamination shall consist of tests of the
 1658  licensee’s eyesight and hearing. For all other licensees, in
 1659  addition to the eyesight and hearing tests, the reexamination
 1660  must include tests of the ability to read and understand highway
 1661  signs and pavement markings regulating, warning, and directing
 1662  traffic.
 1663         (2)(3) For each licensee whose driving record does not show
 1664  any revocations, disqualifications, or suspensions for the
 1665  preceding 7 years or any convictions for the preceding 3 years
 1666  except for convictions of the following nonmoving violations:
 1667         (a) Failure to exhibit a vehicle registration certificate,
 1668  rental agreement, or cab card pursuant to s. 320.0605;
 1669         (b) Failure to renew a motor vehicle or mobile home
 1670  registration that has been expired for 4 months or less pursuant
 1671  to s. 320.07(3)(a);
 1672         (c) Operating a motor vehicle with an expired license that
 1673  has been expired for 4 months or less pursuant to s. 322.065;
 1674         (d) Failure to carry or exhibit a license pursuant to s.
 1675  322.15(1); or
 1676         (e) Failure to notify the department of a change of address
 1677  or name within 10 days pursuant to s. 322.19,
 1678  
 1679  the department shall cause such licensee’s license to be
 1680  prominently marked with the notation “Safe Driver.”
 1681         (3)(4) Eyesight examinations must be administered as
 1682  provided in s. 322.12.
 1683         (4)(5) An examination fee may not be assessed for
 1684  reexamination required by this section.
 1685         (5)(6) Members of the Armed Forces, or their dependents
 1686  residing with them, shall be granted an automatic extension for
 1687  the expiration of their licenses without reexamination while
 1688  serving on active duty outside this state. This extension is
 1689  valid for 90 days after the member of the Armed Forces is either
 1690  discharged or returns to this state to live.
 1691         (6)(7) In addition to any other examination authorized by
 1692  this section, an applicant for a renewal of a commercial
 1693  driver’s license may be required to complete successfully an
 1694  examination of his or her knowledge regarding state and federal
 1695  rules, regulations, and laws, governing the type of vehicle
 1696  which he or she is applying to be licensed to operate.
 1697         (7)(8) In addition to any other examination authorized by
 1698  this section, an applicant for a renewal of an endorsement
 1699  issued under s. 322.57(1)(a), (b), (d), (e), or (f) may be
 1700  required to complete successfully an examination of his or her
 1701  knowledge regarding state and federal rules, regulations, and
 1702  laws, governing the type of vehicle which he or she is seeking
 1703  an endorsement to operate.
 1704         Section 39. Paragraph (a) of subsection (5) and paragraph
 1705  (c) of subsection (8) of section 322.18, Florida Statutes, are
 1706  amended to read:
 1707         322.18 Original applications, licenses, and renewals;
 1708  expiration of licenses; delinquent licenses.—
 1709         (5) All renewal driver’s licenses may be issued after the
 1710  applicant licensee has been determined to be eligible by the
 1711  department.
 1712         (a) A licensee who is otherwise eligible for renewal and
 1713  who is at least 80 years of age:
 1714         1. Must submit to and pass a vision test administered at
 1715  any driver’s license office; or
 1716         2. If the licensee applies for a renewal using a
 1717  convenience service as provided in subsection (8), he or she
 1718  must submit to a vision test administered by a physician
 1719  licensed under chapter 458 or chapter 459, or an optometrist
 1720  licensed under chapter 463, or a licensed physician at a
 1721  federally established veterans hospital; must send the results
 1722  of that test to the department on a form obtained from the
 1723  department and signed by such health care practitioner;, and
 1724  must meet vision standards that are equivalent to the standards
 1725  for passing the departmental vision test. The physician or
 1726  optometrist may submit the results of a vision test by a
 1727  department-approved electronic means.
 1728         (8) The department shall issue 8-year renewals using a
 1729  convenience service without reexamination to drivers who have
 1730  not attained 80 years of age. The department shall issue 6-year
 1731  renewals using a convenience service when the applicant has
 1732  satisfied the requirements of subsection (5).
 1733         (c) The department shall issue one renewal using a
 1734  convenience service. A person who is out of this state when his
 1735  or her license expires may be issued a 90-day temporary driving
 1736  permit without reexamination. At the end of the 90-day period,
 1737  the person must either return to this state or apply for a
 1738  license where the person is located, except for a member of the
 1739  Armed Forces as provided in s. 322.121(5) s. 322.121(6).
 1740         Section 40. Subsection (6) of section 322.212, Florida
 1741  Statutes, is amended, present subsections (7) and (8) of that
 1742  section are renumbered as subsections (8) and (9), respectively,
 1743  and a new subsection (7) is added to that section, to read:
 1744         322.212 Unauthorized possession of, and other unlawful acts
 1745  in relation to, driver’s license or identification card.—
 1746         (6) Except as otherwise provided in this subsection, any
 1747  person who violates any of the provisions of this section
 1748  commits is guilty of a felony of the third degree, punishable as
 1749  provided in s. 775.082, s. 775.083, or s. 775.084.
 1750  Notwithstanding any other provision of law, the court shall
 1751  sentence any state employee, agent of the department, or any
 1752  person participating in the driver’s license issuance process
 1753  who is convicted of committing an offense described in this
 1754  section to a mandatory minimum sentence of 10 days’
 1755  imprisonment. Any person who violates paragraph (5)(a) by giving
 1756  a false age in any application for a driver’s license or
 1757  identification card or who violates paragraph (5)(b) by
 1758  possessing a driver’s license, identification card, or any
 1759  instrument in the similitude thereof, on which the date of birth
 1760  has been altered commits is guilty of a misdemeanor of the
 1761  second degree, punishable as provided in s. 775.082 or s.
 1762  775.083. Any person who violates paragraph (1)(d) commits a
 1763  felony of the third degree, punishable as provided in s.
 1764  775.082, s. 775.083, or s. 775.084.
 1765         (7) Notwithstanding s. 948.01, a court may not suspend,
 1766  defer, or withhold adjudication of guilt or imposition of
 1767  sentence for any violation of this section by an employee of the
 1768  state, agent of the department, or any other person
 1769  participating in the driver’s license issuance process. A person
 1770  who is convicted and sentenced to a mandatory minimum term of
 1771  incarceration under subsection (6) is not eligible for statutory
 1772  gain-time under s. 944.275 or any form of discretionary early
 1773  release, other than pardon or executive clemency or conditional
 1774  medical release under s. 947.149, prior to serving the mandatory
 1775  minimum sentence.
 1776         Section 41. Section 322.22, Florida Statutes, is amended to
 1777  read:
 1778         322.22 Authority of department to cancel license or
 1779  identification card.—
 1780         (1) The department may is authorized to cancel any driver’s
 1781  license or identification card, upon determining that the
 1782  licensee or identification cardholder was not entitled to the
 1783  issuance thereof, or that the licensee or identification
 1784  cardholder failed to give the required or correct information in
 1785  his or her application or committed any fraud in making such
 1786  application, or that the licensee or identification cardholder
 1787  has two or more licenses or identification cards on file with
 1788  the department, each in a different name but bearing the
 1789  photograph of the licensee or identification cardholder, unless
 1790  the licensee or identification cardholder has complied with the
 1791  requirements of this chapter in obtaining the licenses or
 1792  identification card. The department may cancel any driver’s
 1793  license, identification card, vehicle or vessel registration, or
 1794  fuel-use decal if the licensee or identification cardholder
 1795  fails to pay the correct fee or pays for the driver’s license,
 1796  identification card, vehicle or vessel registration, or fuel-use
 1797  decal; pays any tax liability, penalty, or interest specified in
 1798  chapter 207; or pays any administrative, delinquency, or
 1799  reinstatement fee by a dishonored check.
 1800         (2) Upon such cancellation, the licensee or identification
 1801  cardholder must surrender to the department the license or
 1802  identification card so canceled.
 1803         Section 42. Subsection (2) of section 322.2615, Florida
 1804  Statutes, is amended to read:
 1805         322.2615 Suspension of license; right to review.—
 1806         (2) Except as provided in paragraph (1)(a), the law
 1807  enforcement officer shall forward to the department, within 5
 1808  days after issuing the notice of suspension, the driver’s
 1809  license; an affidavit stating the officer’s grounds for belief
 1810  that the person was driving or in actual physical control of a
 1811  motor vehicle while under the influence of alcoholic beverages
 1812  or chemical or controlled substances; the results of any breath
 1813  or blood test or an affidavit stating that a breath, blood, or
 1814  urine test was requested by a law enforcement officer or
 1815  correctional officer and that the person refused to submit; the
 1816  officer’s description of the person’s field sobriety test, if
 1817  any; and the notice of suspension; and a copy of the crash
 1818  report, if any. The failure of the officer to submit materials
 1819  within the 5-day period specified in this subsection and in
 1820  subsection (1) does not affect the department’s ability to
 1821  consider any evidence submitted at or prior to the hearing. The
 1822  officer may also submit a copy of the crash report and a copy of
 1823  a videotape of the field sobriety test or the attempt to
 1824  administer such test. Materials submitted to the department by a
 1825  law enforcement agency or correctional agency shall be
 1826  considered self-authenticating and shall be in the record for
 1827  consideration by the hearing officer. Notwithstanding s.
 1828  316.066(7), the crash report shall be considered by the hearing
 1829  officer.
 1830         Section 43. Section 322.27, Florida Statutes, is amended to
 1831  read:
 1832         322.27 Authority of department to suspend or revoke license
 1833  or identification card.—
 1834         (1) Notwithstanding any provisions to the contrary in
 1835  chapter 120, the department is hereby authorized to suspend the
 1836  license or identification card of any person without preliminary
 1837  hearing upon a showing of its records or other sufficient
 1838  evidence that the licensee:
 1839         (a) Has committed an offense for which mandatory revocation
 1840  of license is required upon conviction. A law enforcement agency
 1841  must provide information to the department within 24 hours after
 1842  any traffic fatality or when the law enforcement agency
 1843  initiates action pursuant to s. 316.1933;
 1844         (b) Has been convicted of a violation of any traffic law
 1845  which resulted in a crash that caused the death or personal
 1846  injury of another or property damage in excess of $500;
 1847         (c) Is incompetent to drive a motor vehicle;
 1848         (d) Has permitted an unlawful or fraudulent use of such
 1849  license or identification card or has knowingly been a party to
 1850  the obtaining of a license or identification card by fraud or
 1851  misrepresentation or to display, or represent as one’s own, any
 1852  driver’s license or identification card not issued him or her.
 1853  Provided, however, no provision of this section shall be
 1854  construed to include the provisions of s. 322.32(1);
 1855         (e) Has committed an offense in another state which if
 1856  committed in this state would be grounds for suspension or
 1857  revocation; or
 1858         (f) Has committed a second or subsequent violation of s.
 1859  316.172(1) within a 5-year period of any previous violation.
 1860         (2) The department shall suspend the license of any person
 1861  without preliminary hearing upon a showing of its records that
 1862  the licensee has been convicted in any court having jurisdiction
 1863  over offenses committed under this chapter or any other law of
 1864  this state regulating the operation of a motor vehicle on the
 1865  highways, upon direction of the court, when the court feels that
 1866  the seriousness of the offense and the circumstances surrounding
 1867  the conviction warrant the suspension of the licensee’s driving
 1868  privilege.
 1869         (3) There is established a point system for evaluation of
 1870  convictions of violations of motor vehicle laws or ordinances,
 1871  and violations of applicable provisions of s. 403.413(6)(b) when
 1872  such violations involve the use of motor vehicles, for the
 1873  determination of the continuing qualification of any person to
 1874  operate a motor vehicle. The department may is authorized to
 1875  suspend the license of any person upon showing of its records or
 1876  other good and sufficient evidence that the licensee has been
 1877  convicted of violation of motor vehicle laws or ordinances, or
 1878  applicable provisions of s. 403.413(6)(b), amounting to 12 or
 1879  more points as determined by the point system. The suspension
 1880  shall be for a period of not more than 1 year.
 1881         (a) When a licensee accumulates 12 points within a 12-month
 1882  period, the period of suspension shall be for not more than 30
 1883  days.
 1884         (b) When a licensee accumulates 18 points, including points
 1885  upon which suspension action is taken under paragraph (a),
 1886  within an 18-month period, the suspension shall be for a period
 1887  of not more than 3 months.
 1888         (c) When a licensee accumulates 24 points, including points
 1889  upon which suspension action is taken under paragraphs (a) and
 1890  (b), within a 36-month period, the suspension shall be for a
 1891  period of not more than 1 year.
 1892         (d) The point system shall have as its basic element a
 1893  graduated scale of points assigning relative values to
 1894  convictions of the following violations:
 1895         1. Reckless driving, willful and wanton—4 points.
 1896         2. Leaving the scene of a crash resulting in property
 1897  damage of more than $50—6 points.
 1898         3. Unlawful speed resulting in a crash—6 points.
 1899         4. Passing a stopped school bus—4 points.
 1900         5. Unlawful speed:
 1901         a. Not in excess of 15 miles per hour of lawful or posted
 1902  speed—3 points.
 1903         b. In excess of 15 miles per hour of lawful or posted
 1904  speed—4 points.
 1905         6. A violation of a traffic control signal device as
 1906  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
 1907         7. All other moving violations (including parking on a
 1908  highway outside the limits of a municipality)—3 points. However,
 1909  no points shall be imposed for a violation of s. 316.0741 or s.
 1910  316.2065(12).
 1911         8. Any moving violation covered above, excluding unlawful
 1912  speed, resulting in a crash—4 points.
 1913         9. Any conviction under s. 403.413(6)(b)—3 points.
 1914         10. Any conviction under s. 316.0775(2)—4 points.
 1915         11. Any conviction under s. 316.1923—4 points.
 1916         (e) A conviction in another state of a violation therein
 1917  which, if committed in this state, would be a violation of the
 1918  traffic laws of this state, or a conviction of an offense under
 1919  any federal law substantially conforming to the traffic laws of
 1920  this state, except a violation of s. 322.26, may be recorded
 1921  against a driver on the basis of the same number of points
 1922  received had the conviction been made in a court of this state.
 1923         (f) In computing the total number of points, when the
 1924  licensee reaches the danger zone, the department may is
 1925  authorized to send the licensee a warning letter advising that
 1926  any further convictions may result in suspension of his or her
 1927  driving privilege.
 1928         (g) The department shall administer and enforce the
 1929  provisions of this law and may make rules and regulations
 1930  necessary for its administration.
 1931         (h) Three points shall be deducted from the driver history
 1932  record of any person whose driving privilege has been suspended
 1933  only once pursuant to this subsection and has been reinstated,
 1934  if such person has complied with all other requirements of this
 1935  chapter.
 1936         (i) This subsection does shall not apply to persons
 1937  operating a nonmotorized vehicle for which a driver’s license is
 1938  not required.
 1939         (4) The department, in computing the points and period of
 1940  time for suspensions under this section, shall use the offense
 1941  date of all convictions.
 1942         (5) The department shall revoke the license of any person
 1943  designated a habitual offender, as set forth in s. 322.264, and
 1944  such person shall not be eligible to be relicensed for a minimum
 1945  of 5 years from the date of revocation, except as provided for
 1946  in s. 322.271. Any person whose license is revoked may, by
 1947  petition to the department, show cause why his or her license
 1948  should not be revoked.
 1949         (6) The department shall revoke the driving privilege of
 1950  any person who is convicted of a felony for the possession of a
 1951  controlled substance if, at the time of such possession, the
 1952  person was driving or in actual physical control of a motor
 1953  vehicle. A person whose driving privilege has been revoked
 1954  pursuant to this subsection shall not be eligible to receive a
 1955  limited business or employment purpose license during the term
 1956  of such revocation.
 1957         (7) Review of an order of suspension or revocation shall be
 1958  by writ of certiorari as provided in s. 322.31.
 1959         Section 44. Paragraph (c) of subsection (2) and subsection
 1960  (4) of section 322.271, Florida Statutes, are amended to read:
 1961         322.271 Authority to modify revocation, cancellation, or
 1962  suspension order.—
 1963         (2) At such hearing, the person whose license has been
 1964  suspended, canceled, or revoked may show that such suspension,
 1965  cancellation, or revocation causes a serious hardship and
 1966  precludes the person from carrying out his or her normal
 1967  business occupation, trade, or employment and that the use of
 1968  the person’s license in the normal course of his or her business
 1969  is necessary to the proper support of the person or his or her
 1970  family.
 1971         (c) A person whose license has been revoked for a period of
 1972  5 years or less pursuant to s. 322.28(2)(b) s. 322.28(2)(a) may,
 1973  12 months after the date the revocation was imposed, petition
 1974  the department for reinstatement of his or her driving privilege
 1975  on a restricted basis. A person whose license has been revoked
 1976  for more than 5 years under s. 322.28(2)(a) may, 24 months after
 1977  the date the revocation was imposed, petition the department for
 1978  reinstatement of his or her driving privilege on a restricted
 1979  basis. Reinstatement under this subsection is restricted to
 1980  business or employment purposes only. In addition, the
 1981  department shall require such persons upon reinstatement to have
 1982  not driven and to have been drug free for at least 12 months
 1983  immediately before the reinstatement, to be supervised by a DUI
 1984  program licensed by the department, and to report to the program
 1985  at least three times a year as required by the program for the
 1986  duration of the revocation period for supervision. Such
 1987  supervision includes evaluation, education, referral into
 1988  treatment, and other activities required by the department. Such
 1989  persons shall assume reasonable costs of supervision. If the
 1990  person fails to comply with the required supervision, the
 1991  program shall report the failure to the department, and the
 1992  department shall cancel the person’s driving privilege. This
 1993  paragraph does not apply to any person whose driving privilege
 1994  has been permanently revoked.
 1995         (4) Notwithstanding the provisions of s. 322.28(2)(f) s.
 1996  322.28(2)(e), a person whose driving privilege has been
 1997  permanently revoked because he or she has been convicted of DUI
 1998  manslaughter in violation of s. 316.193 and has no prior
 1999  convictions for DUI-related offenses may, upon the expiration of
 2000  5 years after the date of such revocation or the expiration of 5
 2001  years after the termination of any term of incarceration under
 2002  s. 316.193 or former s. 316.1931, whichever date is later,
 2003  petition the department for reinstatement of his or her driving
 2004  privilege.
 2005         (a) Within 30 days after the receipt of such a petition,
 2006  the department shall afford the petitioner an opportunity for a
 2007  hearing. At the hearing, the petitioner must demonstrate to the
 2008  department that he or she:
 2009         1. Has not been arrested for a drug-related offense during
 2010  the 5 years preceding the filing of the petition;
 2011         2. Has not driven a motor vehicle without a license for at
 2012  least 5 years prior to the hearing;
 2013         3. Has been drug-free for at least 5 years prior to the
 2014  hearing; and
 2015         4. Has completed a DUI program licensed by the department.
 2016         (b) At such hearing, the department shall determine the
 2017  petitioner’s qualification, fitness, and need to drive. Upon
 2018  such determination, the department may, in its discretion,
 2019  reinstate the driver’s license of the petitioner. Such
 2020  reinstatement must be made subject to the following
 2021  qualifications:
 2022         1. The license must be restricted for employment purposes
 2023  for not less than 1 year; and
 2024         2. Such person must be supervised by a DUI program licensed
 2025  by the department and report to the program for such supervision
 2026  and education at least four times a year or additionally as
 2027  required by the program for the remainder of the revocation
 2028  period. Such supervision shall include evaluation, education,
 2029  referral into treatment, and other activities required by the
 2030  department.
 2031         (c) Such person must assume the reasonable costs of
 2032  supervision. If such person fails to comply with the required
 2033  supervision, the program shall report the failure to the
 2034  department, and the department shall cancel such person’s
 2035  driving privilege.
 2036         (d) If, after reinstatement, such person is convicted of an
 2037  offense for which mandatory revocation of his or her license is
 2038  required, the department shall revoke his or her driving
 2039  privilege.
 2040         (e) The department shall adopt rules regulating the
 2041  providing of services by DUI programs pursuant to this section.
 2042         Section 45. Subsection (2) of section 322.28, Florida
 2043  Statutes, is amended to read:
 2044         322.28 Period of suspension or revocation.—
 2045         (2) In a prosecution for a violation of s. 316.193 or
 2046  former s. 316.1931, the following provisions apply:
 2047         (a) Convictions that occur on the same date as the result
 2048  of separate offenses that occurred on separate dates shall be
 2049  treated as separate convictions, and the offense that occurred
 2050  earliest shall be deemed a prior conviction for purposes of this
 2051  section.
 2052         (b)(a) Upon conviction of the driver, the court, along with
 2053  imposing sentence, shall revoke the driver’s license or driving
 2054  privilege of the person so convicted, effective on the date of
 2055  conviction, and shall prescribe the period of such revocation in
 2056  accordance with the following provisions:
 2057         1. Upon a first conviction for a violation of the
 2058  provisions of s. 316.193, except a violation resulting in death,
 2059  the driver’s license or driving privilege shall be revoked for
 2060  not less than 180 days or more than 1 year.
 2061         2. Upon a second conviction for an offense that occurs
 2062  within a period of 5 years after the date of a prior conviction
 2063  for a violation of the provisions of s. 316.193 or former s.
 2064  316.1931 or a combination of such sections, the driver’s license
 2065  or driving privilege shall be revoked for not less than 5 years.
 2066         3. Upon a third conviction for an offense that occurs
 2067  within a period of 10 years after the date of a prior conviction
 2068  for the violation of the provisions of s. 316.193 or former s.
 2069  316.1931 or a combination of such sections, the driver’s license
 2070  or driving privilege shall be revoked for not less than 10
 2071  years.
 2072  
 2073  For the purposes of this paragraph, a previous conviction
 2074  outside this state for driving under the influence, driving
 2075  while intoxicated, driving with an unlawful blood-alcohol level,
 2076  or any other alcohol-related or drug-related traffic offense
 2077  similar to the offense of driving under the influence as
 2078  proscribed by s. 316.193 will be considered a previous
 2079  conviction for violation of s. 316.193, and a conviction for
 2080  violation of former s. 316.028, former s. 316.1931, or former s.
 2081  860.01 is considered a conviction for violation of s. 316.193.
 2082         (c)(b) If the period of revocation was not specified by the
 2083  court at the time of imposing sentence or within 30 days
 2084  thereafter, and is not otherwise specified by law, the
 2085  department shall forthwith revoke the driver’s license or
 2086  driving privilege for the maximum period applicable under
 2087  paragraph (b) (a) for a first conviction and for the minimum
 2088  period applicable under paragraph (b) (a) for any subsequent
 2089  convictions. The driver may, within 30 days after such
 2090  revocation by the department, petition the court for further
 2091  hearing on the period of revocation, and the court may reopen
 2092  the case and determine the period of revocation within the
 2093  limits specified in paragraph (b) (a).
 2094         (d)(c) The forfeiture of bail bond, not vacated within 20
 2095  days, in any prosecution for the offense of driving while under
 2096  the influence of alcoholic beverages, chemical substances, or
 2097  controlled substances to the extent of depriving the defendant
 2098  of his or her normal faculties shall be deemed equivalent to a
 2099  conviction for the purposes of this paragraph, and the
 2100  department shall forthwith revoke the defendant’s driver’s
 2101  license or driving privilege for the maximum period applicable
 2102  under paragraph (b) (a) for a first conviction and for the
 2103  minimum period applicable under paragraph (b) (a) for a second
 2104  or subsequent conviction; however, if the defendant is later
 2105  convicted of the charge, the period of revocation imposed by the
 2106  department for such conviction shall not exceed the difference
 2107  between the applicable maximum for a first conviction or minimum
 2108  for a second or subsequent conviction and the revocation period
 2109  under this subsection that has actually elapsed; upon conviction
 2110  of such charge, the court may impose revocation for a period of
 2111  time as specified in paragraph (b) (a). This paragraph does not
 2112  apply if an appropriate motion contesting the forfeiture is
 2113  filed within the 20-day period.
 2114         (e)(d) When any driver’s license or driving privilege has
 2115  been revoked pursuant to the provisions of this section, the
 2116  department shall not grant a new license, except upon
 2117  reexamination of the licensee after the expiration of the period
 2118  of revocation so prescribed. However, the court may, in its
 2119  sound discretion, issue an order of reinstatement on a form
 2120  furnished by the department which the person may take to any
 2121  driver’s license examining office for reinstatement by the
 2122  department pursuant to s. 322.282.
 2123         (f)(e) The court shall permanently revoke the driver’s
 2124  license or driving privilege of a person who has been convicted
 2125  four times for violation of s. 316.193 or former s. 316.1931 or
 2126  a combination of such sections. The court shall permanently
 2127  revoke the driver’s license or driving privilege of any person
 2128  who has been convicted of DUI manslaughter in violation of s.
 2129  316.193. If the court has not permanently revoked such driver’s
 2130  license or driving privilege within 30 days after imposing
 2131  sentence, the department shall permanently revoke the driver’s
 2132  license or driving privilege pursuant to this paragraph. No
 2133  driver’s license or driving privilege may be issued or granted
 2134  to any such person. This paragraph applies only if at least one
 2135  of the convictions for violation of s. 316.193 or former s.
 2136  316.1931 was for a violation that occurred after July 1, 1982.
 2137  For the purposes of this paragraph, a conviction for violation
 2138  of former s. 316.028, former s. 316.1931, or former s. 860.01 is
 2139  also considered a conviction for violation of s. 316.193. Also,
 2140  a conviction of driving under the influence, driving while
 2141  intoxicated, driving with an unlawful blood-alcohol level, or
 2142  any other similar alcohol-related or drug-related traffic
 2143  offense outside this state is considered a conviction for the
 2144  purposes of this paragraph.
 2145         Section 46. Section 322.282, Florida Statutes, is amended
 2146  to read:
 2147         322.282 Procedure when court revokes or suspends license or
 2148  driving privilege and orders reinstatement.—When a court
 2149  suspends or revokes a person’s license or driving privilege and,
 2150  in its discretion, orders reinstatement as provided by s.
 2151  322.28(2)(e) s. 322.28(2)(d) or former s. 322.261(5):
 2152         (1) The court shall pick up all revoked or suspended
 2153  driver’s licenses from the person and immediately forward them
 2154  to the department, together with a record of such conviction.
 2155  The clerk of such court shall also maintain a list of all
 2156  revocations or suspensions by the court.
 2157         (2)(a) The court shall issue an order of reinstatement, on
 2158  a form to be furnished by the department, which the person may
 2159  take to any driver’s license examining office. The department
 2160  shall issue a temporary driver’s permit to a licensee who
 2161  presents the court’s order of reinstatement, proof of completion
 2162  of a department-approved driver training or substance abuse
 2163  education course, and a written request for a hearing under s.
 2164  322.271. The permit shall not be issued if a record check by the
 2165  department shows that the person has previously been convicted
 2166  for a violation of s. 316.193, former s. 316.1931, former s.
 2167  316.028, former s. 860.01, or a previous conviction outside this
 2168  state for driving under the influence, driving while
 2169  intoxicated, driving with an unlawful blood-alcohol level, or
 2170  any similar alcohol-related or drug-related traffic offense;
 2171  that the person’s driving privilege has been previously
 2172  suspended for refusal to submit to a lawful test of breath,
 2173  blood, or urine; or that the person is otherwise not entitled to
 2174  issuance of a driver’s license. This paragraph shall not be
 2175  construed to prevent the reinstatement of a license or driving
 2176  privilege that is presently suspended for driving with an
 2177  unlawful blood-alcohol level or a refusal to submit to a breath,
 2178  urine, or blood test and is also revoked for a conviction for a
 2179  violation of s. 316.193 or former s. 316.1931, if the suspension
 2180  and revocation arise out of the same incident.
 2181         (b) The temporary driver’s permit shall be restricted to
 2182  either business or employment purposes described in s. 322.271,
 2183  as determined by the department, and shall not be used for
 2184  pleasure, recreational, or nonessential driving.
 2185         (c) If the department determines at a later date from its
 2186  records that the applicant has previously been convicted of an
 2187  offense referred to in paragraph (a) which would render him or
 2188  her ineligible for reinstatement, the department shall cancel
 2189  the temporary driver’s permit and shall issue a revocation or
 2190  suspension order for the minimum period applicable. A temporary
 2191  permit issued pursuant to this section shall be valid for 45
 2192  days or until canceled as provided in this paragraph.
 2193         (d) The period of time for which a temporary permit issued
 2194  in accordance with paragraph (a) is valid shall be deemed to be
 2195  part of the period of revocation imposed by the court.
 2196         Section 47. Subsection (11) is added to section 322.34,
 2197  Florida Statutes, to read:
 2198         322.34 Driving while license suspended, revoked, canceled,
 2199  or disqualified.—
 2200         (11)(a) Any person who does not hold a commercial driver’s
 2201  license and who is cited for an offense listed under paragraph
 2202  (10)(a) may elect to enter a plea of nolo contendere and provide
 2203  proof of compliance to the court or to the clerk of the court.
 2204  In such case, adjudication shall be withheld and such withheld
 2205  adjudication shall not be considered a conviction for purposes
 2206  of designation as a habitual traffic offender. A person may not
 2207  make an election under this subsection if such person has made
 2208  an election under this subsection during the prior 12 months,
 2209  and in no case shall a person make more than three elections
 2210  under this subsection.
 2211         (b) A person who is cited for an offense listed in
 2212  paragraph (10)(a) shall present proof of compliance prior to the
 2213  scheduled court appearance date. For purposes of this paragraph,
 2214  proof of compliance consists of a valid, renewed, or reinstated
 2215  driver’s license or registration certificate and proper proof of
 2216  maintenance of security as required by s. 316.646.
 2217  Notwithstanding a waiver of the fine, any person establishing
 2218  proof of compliance shall be assessed court costs of $25, except
 2219  that a person charged with a violation of s. 316.646(1)-(3) may
 2220  be assessed court costs of $8. One dollar of such costs shall be
 2221  remitted to the Department of Revenue for deposit into the Child
 2222  Welfare Training Trust Fund of the Department of Children and
 2223  Family Services. One dollar of such costs shall be distributed
 2224  to the Department of Juvenile Justice for deposit into the
 2225  Juvenile Justice Training Trust Fund. Fourteen dollars of such
 2226  costs shall be distributed to the municipality and $9 shall be
 2227  deposited by the clerk of the court into the fine and forfeiture
 2228  fund established pursuant to s. 142.01, if the offense was
 2229  committed within the municipality. If the offense was committed
 2230  in an unincorporated area of a county or if the citation was for
 2231  a violation of s. 316.646(1)-(3), the entire amount shall be
 2232  deposited by the clerk of the court into the fine and forfeiture
 2233  fund established pursuant to s. 142.01, except for the moneys to
 2234  be deposited into the Child Welfare Training Trust Fund and the
 2235  Juvenile Justice Training Trust Fund. This subsection does not
 2236  authorize the operation of a vehicle without a valid driver’s
 2237  license, without a valid vehicle tag and registration, or
 2238  without the maintenance of required security.
 2239         Section 48. Subsection (8) of section 322.61, Florida
 2240  Statutes, is amended to read:
 2241         322.61 Disqualification from operating a commercial motor
 2242  vehicle.—
 2243         (8) A driver who is convicted of or otherwise found to have
 2244  committed a violation of an out-of-service order while driving a
 2245  commercial motor vehicle is disqualified as follows:
 2246         (a) Not less than 180 90 days nor more than 1 year if the
 2247  driver is convicted of or otherwise found to have committed a
 2248  first violation of an out-of-service order.
 2249         (b) Not less than 2 years 1 year nor more than 5 years if,
 2250  for offenses occurring during any 10-year period, the driver is
 2251  convicted of or otherwise found to have committed two violations
 2252  of out-of-service orders in separate incidents.
 2253         (c) Not less than 3 years nor more than 5 years if, for
 2254  offenses occurring during any 10-year period, the driver is
 2255  convicted of or otherwise found to have committed three or more
 2256  violations of out-of-service orders in separate incidents.
 2257         (d) Not less than 180 days nor more than 2 years if the
 2258  driver is convicted of or otherwise found to have committed a
 2259  first violation of an out-of-service order while transporting
 2260  hazardous materials required to be placarded under the Hazardous
 2261  Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
 2262  while operating motor vehicles designed to transport more than
 2263  15 passengers, including the driver. A driver is disqualified
 2264  for a period of not less than 3 years nor more than 5 years if,
 2265  for offenses occurring during any 10-year period, the driver is
 2266  convicted of or otherwise found to have committed any subsequent
 2267  violations of out-of-service orders, in separate incidents,
 2268  while transporting hazardous materials required to be placarded
 2269  under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
 2270  5101 et seq., or while operating motor vehicles designed to
 2271  transport more than 15 passengers, including the driver.
 2272         Section 49. Section 327.72, Florida Statutes, is amended to
 2273  read:
 2274         327.72 Penalties.—
 2275         (1) Any person failing to comply with the provisions of
 2276  this chapter or chapter 328 not specified in s. 327.73 or not
 2277  paying the civil penalty specified in said section within 30
 2278  days, except as otherwise provided in this chapter or chapter
 2279  328, commits a misdemeanor of the second degree, punishable as
 2280  provided in s. 775.082 or s. 775.083.
 2281         (2) Convictions that occur on the same date as the result
 2282  of separate offenses that occurred on separate dates shall be
 2283  treated as separate convictions, and the offense that occurred
 2284  earliest shall be deemed a prior conviction for purposes of this
 2285  section.
 2286         Section 50. This act shall take effect October 1, 2010.