HB 971

1	A bill to be entitled
2	An act relating to motor vehicles, mobile homes, and
3	vessels; amending s. 316.066, F.S.; revising requirements
4	for written reports of crashes; requiring such reports to
5	contain the names and addresses of all drivers and
6	passengers; removing provisions for one or more counties
7	to enter into an agreement with the appropriate state
8	agency to be certified to have a traffic records center
9	for the purpose of tabulating and analyzing traffic crash
10	reports; deleting a requirement that fees charged for
11	copies of certain traffic reports be used to fund traffic
12	records centers; revising period of confidentiality of
13	crash reports; authorizing the Department of Highway
14	Safety and Motor Vehicles to waive specified fees for
15	copies of certain public records provided to governmental
16	agencies; removing provisions prohibiting certain crash
17	reports from being used for commercial solicitation
18	purposes; amending s. 316.159, F.S.; requiring that
19	drivers of certain commercial motor vehicles slow before
20	crossing a railroad grade; amending s. 316.1923, F.S.;
21	providing penalties for aggressive careless driving;
22	amending s. 316.1935, F.S.; defining the term "conviction"
23	for purposes of provisions prohibiting fleeing or
24	attempting to elude a law enforcement officer; amending s.
25	316.2085, F.S.; revising the prohibition against operation
26	of a motorcycle by a person under 16 years of age to
27	prohibit the operation of a motorcycle with a motor that
28	has 150 cubic centimeters displacement or less; amending
29	s. 316.251, F.S.; correcting a cross-reference; amending
30	s. 316.2952, F.S.; authorizing certain satellite reception
31	devices to be attached to the windshield of a motor
32	vehicle; amending s. 316.545, F.S., relating to weight and
33	load limits; conforming terminology to changes made by the
34	act; amending s. 316.646, F.S.; directing the department
35	to suspend the registration and driver's license of a
36	person convicted of failure to maintain required security
37	on a motor vehicle; amending s. 318.14, F.S.; providing
38	procedures for disposition of a citation for violating
39	specified learner's driver's license restrictions;
40	removing an erroneous reference; removing a requirement
41	that a person who commits a noncriminal traffic infraction
42	be cited to appear before an official; requiring a person
43	who commits a traffic violation requiring a hearing or a
44	criminal traffic violation to sign and accept a citation
45	indicating a promise to appear for a hearing; providing
46	penalties; providing for certain persons cited for
47	specified offenses to provide proof of compliance to a
48	designated official; providing alternative citation
49	disposition procedures for the offense of operating a
50	motor vehicle with a license that has been suspended for
51	failure to pay certain financial obligations or failure to
52	comply with specified education requirements; amending s.
53	318.18, F.S.; providing a minimum penalty for aggressive
54	careless driving; amending s. 318.19, F.S.; requiring a
55	hearing on a citation for aggressive careless driving;
56	amending s. 319.14, F.S.; providing requirements for the
57	sale or exchange of custom vehicles and street rod
58	vehicles; requiring identification on the certificate of
59	title of the vehicle as a custom or street rod vehicle
60	prior to the sale or exchange unless certain application
61	procedures have been followed; providing for the
62	department to affix a decal to the vehicle identifying the
63	vehicle as being rebuilt; defining the terms "custom
64	vehicle" and "street rod"; requiring disclosure prior to
65	the sale or exchange and in any offer or advertisement to
66	sell or exchange a custom or street rod vehicle; requiring
67	information branded on the certificate of title to be
68	noted on the registration and carried forward on
69	subsequent title and registration certificates; providing
70	penalties; limiting liability under certain conditions;
71	amending s. 319.40, F.S., relating to issuance of
72	certificates of title to motor vehicles and mobile homes;
73	authorizing the department to collect and use Internet e-
74	mail addresses and telephone numbers of motor vehicle
75	owners and registrants for the purpose of providing
76	notices to such owners and registrants; amending s.
77	320.01, F.S.; deleting the definition of the term
78	"apportioned motor vehicle"; revising the definition of
79	the terms "apportionable vehicle" and "commercial motor
80	vehicle"; revising weight amounts; amending s. 320.03,
81	F.S.; revising terminology; revising the weight threshold
82	at which a truck is charged a certain fee on registration
83	and renewal of registration; amending s. 320.055, F.S.;
84	revising the registration period for certain trucks;
85	amending s. 320.071, F.S.; revising the time period during
86	which the owner of an apportionable motor vehicle may file
87	an application for renewal of registration; revising
88	terminology relating to the vehicles registered in
89	accordance with the International Registration Plan;
90	amending s. 320.0715, F.S.; revising terminology relating
91	to the vehicles registered in accordance with the
92	International Registration Plan; amending s. 320.08, F.S.;
93	conforming cross-references; amending s. 320.0807, F.S.;
94	revising provisions governing the special license plates
95	issued to federal and state legislators; amending s.
96	320.084, F.S.; providing for a biennial registration
97	renewal period for disabled veteran license plates;
98	amending s. 320.0863, F.S., relating to custom vehicles
99	and street rods; removing the definition of the terms
100	"custom vehicle" and "street rod"; deleting a provision
101	for the model year listed on the certificate of title;
102	amending s. 320.27, F.S., relating to mobile home dealers,
103	motor vehicle dealers, and recreational vehicle dealers;
104	providing that the department may deny, suspend, or revoke
105	a dealer's license for failure to honor a bank draft or
106	check given to the department; providing for dispute of
107	the action; providing that the department may deny,
108	suspend, or revoke a dealer's license for failure to
109	obtain a supplemental license for off-premises sales;
110	amending s. 320.77, F.S.; revising requirements for a
111	mobile home dealer to have evidence of title to a mobile
112	home prior to offering the mobile home for sale;
113	authorizing the sale if the dealer has made application
114	for a title certificate or has reasonable indicia of
115	ownership; amending s. 320.8225, F.S.; revising the
116	requirements for a mobile home or recreational vehicle
117	manufacturer, distributor, or importer to maintain
118	security sufficient to assure satisfaction of claims
119	against the licensee; removing provisions for a cash bond
120	as such security; providing for a recreational vehicle
121	manufacturer, distributor, or importer to provide a letter
122	of credit as security; directing the department to notify
123	a financial institution issuing an irrevocable letter of
124	credit if the license is denied, suspended, or revoked;
125	requiring a financial institution that honors a demand for
126	payment as a condition specified in a letter of credit to
127	notify the department of the payment; requiring the surety
128	company or financial institution to provide notice to the
129	department at least 30 days before cancellation of such
130	surety bond or letter of credit; prohibiting such
131	cancellation without the 30-day notice; directing the
132	department to deny, suspend, or revoke the license of a
133	manufacturer, distributor, or importer who conducts
134	business during the license period without having the
135	required surety bond or letter of credit; amending s.
136	320.95, F.S., relating to taxes on and registration of
137	motor vehicles and mobile homes; authorizing the
138	department to collect and use Internet e-mail addresses
139	and telephone numbers of motor vehicle owners and
140	registrants for the purpose providing notices to such
141	owners and registrants; amending s. 321.03, F.S.;
142	providing that it is unlawful to possess or color or cause
143	to be colored a motor vehicle or motorcycle of the same or
144	similar color as those prescribed for the Florida Highway
145	Patrol unless specifically authorized by the Florida
146	Highway Patrol; amending s. 321.05, F.S.; providing that
147	officers of the Florida Highway Patrol have the same
148	arrest and other authority as that provided for certain
149	other state law enforcement officers; amending s.
150	322.0261, F.S.; directing the department to require a
151	person convicted of aggressive careless driving to attend
152	a department-approved driver improvement course in order
153	to maintain driving privileges; amending s. 322.08, F.S.;
154	authorizing the department to collect and use Internet e-
155	mail addresses and telephone numbers of driver's license
156	or identification card holders for the purpose of
157	providing notices to such driver's license or
158	identification card holders; amending s. 322.095, F.S.;
159	removing a requirement that instructors of traffic law and
160	substance abuse education courses be certified by the
161	department; amending s. 322.121, F.S.; revising
162	legislative intent for reexamination of licensed drivers
163	upon renewal of the driver's license; removing a
164	requirement that each licensee must pass a reexamination
165	at the time of license renewal; amending s. 322.18, F.S.;
166	providing that a person issued a driver's license using
167	proof of nonimmigrant classification under specified
168	provisions is not eligible to renew that license;
169	providing for the department to send a driver's license
170	renewal notice to a licensee's Internet e-mail address or
171	telephone number; correcting a cross-reference; amending
172	s. 322.212, F.S.; revising penalty provisions for offenses
173	related to issuance, possession, and use of a driver's
174	license or identification card; providing a mandatory
175	minimum sentence for any state employee, agent of the
176	department, or person participating in the driver's
177	license issuance process who is convicted of such offense;
178	providing that a court shall not suspend, defer, or
179	withhold adjudication of guilt or imposition of sentence;
180	providing that such person sentenced to the mandatory
181	minimum term of imprisonment is not eligible for specified
182	early release provisions; amending s. 322.22, F.S.;
183	authorizing the department to cancel an identification
184	card if the holder was not entitled to its issuance,
185	failed to give correct information on the application for
186	the card, committed fraud while making the application, or
187	has multiple identification cards under different names;
188	amending s. 322.2615, F.S.; revising requirements for
189	information an officer must submit to the department after
190	suspending a driver's license for certain DUI offenses;
191	removing a requirement that the officer submit a copy of a
192	crash report; authorizing the officer to submit such
193	report; amending s. 322.27, F.S.; providing circumstances
194	under which the department may suspend an identification
195	card without a preliminary hearing; providing for points
196	to be assessed against a person's driver's license for a
197	conviction of aggressive careless driving; amending s.
198	322.28, F.S., relating to the suspension or revocation of
199	a driver's license or privilege to drive when convicted of
200	certain violations involving a motor vehicle; providing
201	that multiple convictions that occur on the same day
202	resulting from violations that occurred on separate days
203	shall be considered separate violations and the offense
204	which occurred earliest shall be deemed a prior
205	conviction; amending s. 322.61, F.S.; revising the period
206	of disqualification from operating a commercial motor
207	vehicle for a violation of an out-of-service order;
208	amending s. 327.72, F.S., relating to imposition of
209	penalties for certain vessel safety or registration or
210	titling violations; providing that multiple convictions
211	that occur on the same day resulting from violations that
212	occurred on separate days shall be considered separate
213	violations and the offense which occurred earliest shall
214	be deemed a prior conviction; amending ss. 328.30 and
215	328.80, F.S.; authorizing the department to collect and
216	use Internet e-mail addresses and telephone numbers of
217	vessel owners and registrants for the purpose of providing
218	notices to such vessel owners and registrants; amending
219	ss. 261.03, 316.2122, 316.2124, 316.21265, 316.3026,
220	316.550, 317.0003, and 320.0847, F.S.; conforming cross-
221	references; providing an effective date.
222
223	Be It Enacted by the Legislature of the State of Florida:
224
225	Section 1.  Section 316.066, Florida Statutes, is amended
226	to read:
227	316.066  Written reports of crashes.-
228	(1)  The driver of a vehicle which is in any manner
229	involved in a crash resulting in bodily injury to or death of
230	any person or damage to any vehicle or other property in an
231	apparent amount of at least $500 shall, within 10 days after the
232	crash, forward a written report of such crash to the department
233	or traffic records center. However, when the investigating
234	officer has made a written report of the crash pursuant to
235	subsection (3), no written report need be forwarded to the
236	department or traffic records center by the driver.
237	(2)  The receiving entity may require any driver of a
238	vehicle involved in a crash of which a written report must be
239	made as provided in this section to file supplemental written
240	reports whenever the original report is insufficient in the
241	opinion of the department and may require witnesses of crashes
242	to render reports to the department.
243	(3)(a)  Every law enforcement officer who in the regular
244	course of duty investigates a motor vehicle crash:
245	1.  Which crash resulted in death or personal injury shall,
246	within 10 days after completing the investigation, forward a
247	written report of the crash to the department or traffic records
248	center.
249	2.  Which crash involved a violation of s. 316.061(1) or s.
250	316.193 shall, within 10 days after completing the
251	investigation, forward a written report of the crash to the
252	department or traffic records center.
253	3.  In which crash a vehicle was rendered inoperative to a
254	degree which required a wrecker to remove it from traffic may,
255	within 10 days after completing the investigation, forward a
256	written report of the crash to the department or traffic records
257	center if such action is appropriate, in the officer's
258	discretion.
259	(b)  In every case in which a crash report is required by
260	this section and a written report to a law enforcement officer
261	is not prepared, the law enforcement officer shall provide each
262	party involved in the crash a short-form report, prescribed by
263	the state, to be completed by the party. The short-form report
264	must include:
265	1.  The date, time, and location of the crash;
266	2.  A description of the vehicles involved;
267	3.  The names and addresses of the parties involved;
268	4.  The names and addresses of all drivers and passengers
269	in the vehicles involved;
270	5.4.  The names and addresses of witnesses;
271	6.5.  The name, badge number, and law enforcement agency of
272	the officer investigating the crash; and
273	7.6.  The names of the insurance companies for the
274	respective parties involved in the crash.
275	(c)  Each party to the crash shall provide the law
276	enforcement officer with proof of insurance to be included in
277	the crash report. If a law enforcement officer submits a report
278	on the accident, proof of insurance must be provided to the
279	officer by each party involved in the crash. Any party who fails
280	to provide the required information is guilty of an infraction
281	for a nonmoving violation, punishable as provided in chapter 318
282	unless the officer determines that due to injuries or other
283	special circumstances such insurance information cannot be
284	provided immediately. If the person provides the law enforcement
285	agency, within 24 hours after the crash, proof of insurance that
286	was valid at the time of the crash, the law enforcement agency
287	may void the citation.
288	(4)(a)  One or more counties may enter into an agreement
289	with the appropriate state agency to be certified by the agency
290	to have a traffic records center for the purpose of tabulating
291	and analyzing countywide traffic crash reports. The agreement
292	must include: certification by the agency that the center has
293	adequate auditing and monitoring mechanisms in place to ensure
294	the quality and accuracy of the data; the time period in which
295	the traffic records center must report crash data to the agency;
296	and the medium in which the traffic records must be submitted to
297	the agency.
298	(b)  In the case of a county or multicounty area that has a
299	certified central traffic records center, a law enforcement
300	agency or driver must submit to the center within the time limit
301	prescribed in this section a written report of the crash. A
302	driver who is required to file a crash report must be notified
303	of the proper place to submit the completed report.
304	(4)(c)  Fees for copies of public records provided by the
305	investigating law enforcement agency may a certified traffic
306	records center shall be charged and collected in an amount not
307	to exceed those established below as follows:
308
309	For a crash report     $10 per copy.
310	For a homicide report     $25 per copy.
311	For a uniform traffic citation     $0.50 per copy.
312
313	The fees collected for copies of the public records provided by
314	a certified traffic records center shall be used to fund the
315	center or otherwise as designated by the county or counties
316	participating in the center.
317	(5)(a)  Crash reports that reveal the identity, home or
318	employment telephone number, or home or employment address of,
319	or other personal information concerning, the parties involved
320	in the crash and that are held by any agency that regularly
321	receives or prepares information from or concerning the parties
322	to motor vehicle crashes are confidential and exempt from s.
323	119.07(1) and s. 24(a), Art. I of the State Constitution for a
324	period of 60 days after the date of the crash the report is
325	filed.
326	(b)  Crash reports held by an agency under paragraph (a)
327	may be made immediately available to the parties involved in the
328	crash, their legal representatives, their licensed insurance
329	agents, their insurers or insurers to which they have applied
330	for coverage, persons under contract with such insurers to
331	provide claims or underwriting information, prosecutorial
332	authorities, victim services programs, radio and television
333	stations licensed by the Federal Communications Commission,
334	newspapers qualified to publish legal notices under ss. 50.011
335	and 50.031, and free newspapers of general circulation,
336	published once a week or more often, available and of interest
337	to the public generally for the dissemination of news. For the
338	purposes of this section, the following products or publications
339	are not newspapers as referred to in this section:
340	1.  Products or publications those intended primarily for
341	members of a particular profession or occupational group.;
342	2.  Products or publications those with the primary purpose
343	of distributing advertising.; and
344	3.  Products or publications those with the primary purpose
345	of publishing names and other personal identifying information
346	concerning parties to motor vehicle crashes.
347	(c)  Any local, state, or federal agency that is authorized
348	to have access to crash reports by any provision of law shall be
349	granted such access in the furtherance of the agency's statutory
350	duties. The department may waive the fees collected under
351	subsection (4) for copies provided to such agencies.
352	(d)  As a condition precedent to accessing a crash report
353	within 60 days after the date of the crash the report is filed,
354	a person must present a valid driver's license or other
355	photographic identification, proof of status, or identification
356	that demonstrates his or her qualifications to access that
357	information, and file a written sworn statement with the state
358	or local agency in possession of the information stating that
359	information from a crash report made confidential and exempt by
360	this section will not be used for any commercial solicitation of
361	accident victims, or knowingly disclosed to any third party for
362	the purpose of such solicitation, during the period of time that
363	the information remains confidential and exempt. In lieu of
364	requiring the written sworn statement, an agency may provide
365	crash reports by electronic means to third-party vendors under
366	contract with one or more insurers, but only when such contract
367	states that information from a crash report made confidential
368	and exempt by this section will not be used for any commercial
369	solicitation of accident victims by the vendors, or knowingly
370	disclosed by the vendors to any third party for the purpose of
371	such solicitation, during the period of time that the
372	information remains confidential and exempt, and only when a
373	copy of such contract is furnished to the agency as proof of the
374	vendor's claimed status.
375	(e)  This subsection does not prevent the dissemination or
376	publication of news to the general public by any legitimate
377	media entitled to access confidential and exempt information
378	pursuant to this section.
379	(6)(a)  Any driver failing to file the written report
380	required under subsection (1) or subsection (2) commits a
381	noncriminal traffic infraction, punishable as a nonmoving
382	violation as provided in chapter 318.
383	(b)  Any employee of a state or local agency in possession
384	of information made confidential and exempt by this section who
385	knowingly discloses such confidential and exempt information to
386	a person not entitled to access such information under this
387	section is guilty of a felony of the third degree, punishable as
388	provided in s. 775.082, s. 775.083, or s. 775.084.
389	(c)  Any person, knowing that he or she is not entitled to
390	obtain information made confidential and exempt by this section,
391	who obtains or attempts to obtain such information is guilty of
392	a felony of the third degree, punishable as provided in s.
393	775.082, s. 775.083, or s. 775.084.
394	(d)  Any person who knowingly uses confidential and exempt
395	information in violation of a filed written sworn statement or
396	contractual agreement required by this section commits a felony
397	of the third degree, punishable as provided in s. 775.082, s.
398	775.083, or s. 775.084.
399	(7)  Except as specified in this subsection, each crash
400	report made by a person involved in a crash and any statement
401	made by such person to a law enforcement officer for the purpose
402	of completing a crash report required by this section shall be
403	without prejudice to the individual so reporting. No such report
404	or statement shall be used as evidence in any trial, civil or
405	criminal. However, subject to the applicable rules of evidence,
406	a law enforcement officer at a criminal trial may testify as to
407	any statement made to the officer by the person involved in the
408	crash if that person's privilege against self-incrimination is
409	not violated. The results of breath, urine, and blood tests
410	administered as provided in s. 316.1932 or s. 316.1933 are not
411	confidential and shall be admissible into evidence in accordance
412	with the provisions of s. 316.1934(2). Crash reports made by
413	persons involved in crashes shall not be used for commercial
414	solicitation purposes; however, the use of a crash report for
415	purposes of publication in a newspaper or other news periodical
416	or a radio or television broadcast shall not be construed as
417	"commercial purpose."
418	(8)  A law enforcement officer, as defined in s. 943.10(1),
419	may enforce this section.
420	Section 2.  Section 316.159, Florida Statutes, is amended
421	to read:
422	316.159  Certain vehicles to stop or slow at all railroad
423	grade crossings.-
424	(1)  The driver of any motor vehicle carrying passengers
425	for hire, excluding taxicabs, of any school bus carrying any
426	school child, or of any vehicle carrying explosive substances or
427	flammable liquids as a cargo or part of a cargo, before crossing
428	at grade any track or tracks of a railroad, shall stop such
429	vehicle within 50 feet but not less than 15 feet from the
430	nearest rail of the railroad and, while so stopped, shall listen
431	and look in both directions along the track for any approaching
432	train, and for signals indicating the approach of a train,
433	except as hereinafter provided, and shall not proceed until he
434	or she can do so safely. After stopping as required herein and
435	upon proceeding when it is safe to do so, the driver of any such
436	vehicle shall cross only in a gear of the vehicle so that there
437	will be no necessity for changing gears while traversing the
438	crossing, and the driver shall not shift gears while crossing
439	the track or tracks.
440	(2)  No stop need be made at any such crossing where a
441	police officer, a traffic control signal, or a sign directs
442	traffic to proceed. However, any school bus carrying any school
443	child shall be required to stop unless directed to proceed by a
444	police officer.
445	(3)  The driver of any commercial motor vehicle that is not
446	required to stop under subsection (1) or subsection (2) before
447	crossing the track or tracks of any railroad grade crossing
448	shall slow the motor vehicle and check that the tracks are clear
449	of an approaching train.
450	(4)(3)  A violation of this section is a noncriminal
451	traffic infraction, punishable as a moving violation as provided
452	in chapter 318.
453	Section 3.  Section 316.1923, Florida Statutes, is amended
454	to read:
455	316.1923  Aggressive careless driving.-
456	(1)  "Aggressive careless driving" means committing two or
457	more of the following acts simultaneously or in succession:
458	(a)(1)  Exceeding the posted speed as defined in s.
459	322.27(3)(d)5.b.
460	(b)(2)  Unsafely or improperly changing lanes as defined in
461	s. 316.085.
462	(c)(3)  Following another vehicle too closely as defined in
463	s. 316.0895(1).
464	(d)(4)  Failing to yield the right-of-way as defined in s.
465	316.079, s. 316.0815, or s. 316.123.
466	(e)(5)  Improperly passing as defined in s. 316.083, s.
467	316.084, or s. 316.085.
468	(f)(6)  Violating traffic control and signal devices as
469	defined in ss. 316.074 and 316.075.
470	(2)  A person who commits aggressive careless driving
471	commits a noncriminal traffic infraction punishable as a moving
472	violation as provided in chapter 318. A law enforcement officer
473	issuing a citation for a violation of this section shall not
474	also issue separate citations for violations of the acts listed
475	in subsection (1).
476	Section 4.  Section 316.1935, Florida Statutes, is amended
477	to read:
478	316.1935  Fleeing or attempting to elude a law enforcement
479	officer; aggravated fleeing or eluding.-
480	(1)  It is unlawful for the operator of any vehicle, having
481	knowledge that he or she has been ordered to stop such vehicle
482	by a duly authorized law enforcement officer, willfully to
483	refuse or fail to stop the vehicle in compliance with such order
484	or, having stopped in knowing compliance with such order,
485	willfully to flee in an attempt to elude the officer, and a
486	person who violates this subsection commits a felony of the
487	third degree, punishable as provided in s. 775.082, s. 775.083,
488	or s. 775.084.
489	(2)  Any person who willfully flees or attempts to elude a
490	law enforcement officer in an authorized law enforcement patrol
491	vehicle, with agency insignia and other jurisdictional markings
492	prominently displayed on the vehicle, with siren and lights
493	activated commits a felony of the third degree, punishable as
494	provided in s. 775.082, s. 775.083, or s. 775.084.
495	(3)  Any person who willfully flees or attempts to elude a
496	law enforcement officer in an authorized law enforcement patrol
497	vehicle, with agency insignia and other jurisdictional markings
498	prominently displayed on the vehicle, with siren and lights
499	activated, and during the course of the fleeing or attempted
500	eluding:
501	(a)  Drives at high speed, or in any manner which
502	demonstrates a wanton disregard for the safety of persons or
503	property, commits a felony of the second degree, punishable as
504	provided in s. 775.082, s. 775.083, or s. 775.084.
505	(b)  Drives at high speed, or in any manner which
506	demonstrates a wanton disregard for the safety of persons or
507	property, and causes serious bodily injury or death to another
508	person, including any law enforcement officer involved in
509	pursuing or otherwise attempting to effect a stop of the
510	person's vehicle, commits a felony of the first degree,
511	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
512	Notwithstanding any other provision of law, the court shall
513	sentence any person convicted of committing the offense
514	described in this paragraph to a mandatory minimum sentence of 3
515	years imprisonment. Nothing in this paragraph shall prevent a
516	court from imposing a greater sentence of incarceration as
517	authorized by law.
518	(4)  Any person who, in the course of unlawfully leaving or
519	attempting to leave the scene of a crash in violation of s.
520	316.027 or s. 316.061, having knowledge of an order to stop by a
521	duly authorized law enforcement officer, willfully refuses or
522	fails to stop in compliance with such an order, or having
523	stopped in knowing compliance with such order, willfully flees
524	in an attempt to elude such officer and, as a result of such
525	fleeing or eluding:
526	(a)  Causes injury to another person or causes damage to
527	any property belonging to another person, commits aggravated
528	fleeing or eluding, a felony of the second degree, punishable as
529	provided in s. 775.082, s. 775.083, or s. 775.084.
530	(b)  Causes serious bodily injury or death to another
531	person, including any law enforcement officer involved in
532	pursuing or otherwise attempting to effect a stop of the
533	person's vehicle, commits aggravated fleeing or eluding with
534	serious bodily injury or death, a felony of the first degree,
535	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
536
537	The felony of aggravated fleeing or eluding and the felony of
538	aggravated fleeing or eluding with serious bodily injury or
539	death constitute separate offenses for which a person may be
540	charged, in addition to the offenses under ss. 316.027 and
541	316.061, relating to unlawfully leaving the scene of a crash,
542	which the person had been in the course of committing or
543	attempting to commit when the order to stop was given.
544	Notwithstanding any other provision of law, the court shall
545	sentence any person convicted of committing aggravated fleeing
546	or eluding with serious bodily injury or death to a mandatory
547	minimum sentence of 3 years imprisonment. Nothing in this
548	subsection shall prevent a court from imposing a greater
549	sentence of incarceration as authorized by law.
550	(5)  The court shall revoke, for a period not less than 1
551	year nor exceeding 5 years, the driver's license of any operator
552	of a motor vehicle convicted of a violation of subsection (1),
553	subsection (2), subsection (3), or subsection (4).
554	(6)  Notwithstanding s. 948.01, no court may suspend,
555	defer, or withhold adjudication of guilt or imposition of
556	sentence for any violation of this section. A person convicted
557	and sentenced to a mandatory minimum term of incarceration under
558	paragraph (3)(b) or paragraph (4)(b) is not eligible for
559	statutory gain-time under s. 944.275 or any form of
560	discretionary early release, other than pardon or executive
561	clemency or conditional medical release under s. 947.149, prior
562	to serving the mandatory minimum sentence.
563	(7)  Any motor vehicle involved in a violation of this
564	section is deemed to be contraband, which may be seized by a law
565	enforcement agency and is subject to forfeiture pursuant to ss.
566	932.701-932.704. Any vehicle not required to be titled under the
567	laws of this state is presumed to be the property of the person
568	in possession of the vehicle.
569	(8)  As used in this section, the term "conviction" means a
570	determination of guilt that is the result of a plea or trial,
571	regardless of whether adjudication is withheld.
572	Section 5.  Subsection (6) of section 316.2085, Florida
573	Statutes, is amended to read:
574	316.2085  Riding on motorcycles or mopeds.-
575	(6)  A person who has not attained under 16 years of age
576	may not:
577	(a)  Operate a motorcycle that has a motor with more than
578	150 cubic centimeters displacement.
579	(b)  Rent a motorcycle or a moped.
580	Section 6.  Subsection (2) of section 316.251, Florida
581	Statutes, is amended to read:
582	316.251  Maximum bumper heights.-
583	(2)  "New motor vehicles" as defined in s. 319.001(9),
584	"antique automobiles" as defined in s. 320.08, "horseless
585	carriages" as defined in s. 320.086, and "street rods" as
586	defined in s. 319.14 320.0863 shall be excluded from the
587	requirements of this section.
588	Section 7.  Paragraph (d) is added to subsection (2) of
589	section 316.2952, Florida Statutes, to read:
590	316.2952  Windshields; requirements; restrictions.-
591	(2)  A person shall not operate any motor vehicle on any
592	public highway, road, or street with any sign, sunscreening
593	material, product, or covering attached to, or located in or
594	upon, the windshield, except the following:
595	(d)  A global positioning system device or similar
596	satellite receiver device which uses the global positioning
597	system operated pursuant to 10 U.S.C. s. 2281 for the purpose of
598	obtaining navigation or routing information while the motor
599	vehicle is being operated.
600	Section 8.  Paragraph (c) of subsection (3) of section
601	316.545, Florida Statutes, is amended to read:
602	316.545  Weight and load unlawful; special fuel and motor
603	fuel tax enforcement; inspection; penalty; review.-
604	(3)  Any person who violates the overloading provisions of
605	this chapter shall be conclusively presumed to have damaged the
606	highways of this state by reason of such overloading, which
607	damage is hereby fixed as follows:
608	(c)  An apportionable apportioned motor vehicle, as defined
609	in s. 320.01, operating on the highways of this state without
610	being properly licensed and registered shall be subject to the
611	penalties as herein provided; and
612	Section 9.  Subsection (3) of section 316.646, Florida
613	Statutes, is amended to read:
614	316.646  Security required; proof of security and display
615	thereof; dismissal of cases.-
616	(3)  Any person who violates this section commits a
617	nonmoving traffic infraction subject to the penalty provided in
618	chapter 318 and shall be required to furnish proof of security
619	as provided in this section. If any person charged with a
620	violation of this section fails to furnish proof, at or before
621	the scheduled court appearance date, that security was in effect
622	at the time of the violation, the court shall, upon conviction,
623	notify the department to may immediately suspend the
624	registration and driver's license of such person. If the court
625	fails to order the suspension of the person's registration and
626	driver's license for a conviction of this section at the time of
627	sentencing, the department shall, upon receiving notice of the
628	conviction from the court, suspend the person's registration and
629	driver's license for the violation of this section. Such license
630	and registration may be reinstated only as provided in s.
631	324.0221.
632	Section 10.  Subsections (1), (2), (3), (10), and (13) of
633	section 318.14, Florida Statutes, are amended to read:
634	318.14  Noncriminal traffic infractions; exception;
635	procedures.-
636	(1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
637	person cited for a violation of chapter 316, s. 320.0605, s.
638	320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
639	(3), s. 322.1615 322.161(5), s. 322.19, or s. 1006.66(3) is
640	charged with a noncriminal infraction and must be cited for such
641	an infraction and cited to appear before an official. If another
642	person dies as a result of the noncriminal infraction, the
643	person cited may be required to perform 120 community service
644	hours under s. 316.027(4), in addition to any other penalties.
645	(2)  Except as provided in s. 316.1001(2), any person cited
646	for a violation requiring a mandatory hearing listed in s.
647	318.19 or any other criminal traffic violation listed in chapter
648	316 an infraction under this section must sign and accept a
649	citation indicating a promise to appear. The officer may
650	indicate on the traffic citation the time and location of the
651	scheduled hearing and must indicate the applicable civil penalty
652	established in s. 318.18.
653	(3)  Any person who willfully refuses to accept and sign a
654	summons as provided in subsection (2) commits is guilty of a
655	misdemeanor of the second degree.
656	(10)(a)  Any person who does not hold a commercial driver's
657	license and who is cited for an offense listed under this
658	subsection may, in lieu of payment of fine or court appearance,
659	elect to enter a plea of nolo contendere and provide proof of
660	compliance to the clerk of the court, designated official, or
661	authorized operator of a traffic violations bureau. In such
662	case, adjudication shall be withheld; however, no election shall
663	be made under this subsection if such person has made an
664	election under this subsection in the 12 months preceding
665	election hereunder. No person may make more than three elections
666	under this subsection. This subsection applies to the following
667	offenses:
668	1.  Operating a motor vehicle without a valid driver's
669	license in violation of the provisions of s. 322.03, s. 322.065,
670	or s. 322.15(1), or operating a motor vehicle with a license
671	that which has been suspended for failure to appear, failure to
672	pay civil penalty, or failure to attend a driver improvement
673	course pursuant to s. 322.291.
674	2.  Operating a motor vehicle without a valid registration
675	in violation of s. 320.0605, s. 320.07, or s. 320.131.
676	3.  Operating a motor vehicle in violation of s. 316.646.
677	4.  Operating a motor vehicle with a license that has been
678	suspended under s. 61.13016 or s. 322.245 for failure to pay
679	child support or for failure to pay any other financial
680	obligation as provided in s. 322.245; however, this subsection
681	does not apply if the license has been suspended pursuant to s.
682	322.245(1).
683	5.  Operating a motor vehicle with a license which has been
684	suspended under s. 322.091.
685	(b)  Any person cited for an offense listed in this
686	subsection shall present proof of compliance prior to the
687	scheduled court appearance date. For the purposes of this
688	subsection, proof of compliance shall consist of a valid,
689	renewed, or reinstated driver's license or registration
690	certificate and proper proof of maintenance of security as
691	required by s. 316.646. Notwithstanding waiver of fine, any
692	person establishing proof of compliance shall be assessed court
693	costs of $25, except that a person charged with violation of s.
694	316.646(1)-(3) may be assessed court costs of $8. One dollar of
695	such costs shall be remitted to the Department of Revenue for
696	deposit into the Child Welfare Training Trust Fund of the
697	Department of Children and Family Services. One dollar of such
698	costs shall be distributed to the Department of Juvenile Justice
699	for deposit into the Juvenile Justice Training Trust Fund.
700	Fourteen dollars of such costs shall be distributed to the
701	municipality and $9 shall be deposited by the clerk of the court
702	into the fine and forfeiture fund established pursuant to s.
703	142.01, if the offense was committed within the municipality. If
704	the offense was committed in an unincorporated area of a county
705	or if the citation was for a violation of s. 316.646(1)-(3), the
706	entire amount shall be deposited by the clerk of the court into
707	the fine and forfeiture fund established pursuant to s. 142.01,
708	except for the moneys to be deposited into the Child Welfare
709	Training Trust Fund and the Juvenile Justice Training Trust
710	Fund. This subsection shall not be construed to authorize the
711	operation of a vehicle without a valid driver's license, without
712	a valid vehicle tag and registration, or without the maintenance
713	of required security.
714	(13)(a)  A person cited for a violation listed in of s.
715	316.1926 shall, in addition to any other requirements provided
716	in this section, pay a fine of $1,000. This fine is in lieu of
717	the fine required under s. 318.18(3)(b), if the person was cited
718	for violation listed in of s. 316.1926(2).
719	(b)  A person cited for a second violation listed in of s.
720	316.1926 shall, in addition to any other requirements provided
721	in this section, pay a fine of $2,500. This fine is in lieu of
722	the fine required under s. 318.18(3)(b), if the person was cited
723	for violation listed in of s. 316.1926(2). In addition, the
724	court shall revoke the person's authorization and privilege to
725	operate a motor vehicle for a period of 1 year and order the
726	person to surrender his or her driver's license.
727	(c)  A person cited for a third violation listed in of s.
728	316.1926 commits a felony of the third degree, punishable as
729	provided in s. 775.082, s. 775.083, or s. 775.084. Upon
730	conviction, the court shall impose a fine of $5,000, revoke the
731	person's authorization and privilege to operate a motor vehicle
732	for a period of 10 years, and order the person to surrender his
733	or her driver's license.
734	Section 11.  Paragraph (i) is added to subsection (3) of
735	section 318.18, Florida Statutes, to read:
736	318.18  Amount of penalties.-The penalties required for a
737	noncriminal disposition pursuant to s. 318.14 or a criminal
738	offense listed in s. 318.17 are as follows:
739	(3)(a)  Except as otherwise provided in this section, $60
740	for all moving violations not requiring a mandatory appearance.
741	(i)  A person cited for aggressive careless driving as
742	provided in s. 316.1923 shall pay a fine at least double the
743	amount listed in paragraph (a).
744	Section 12.  Subsection (6) is added to section 318.19,
745	Florida Statutes, to read:
746	318.19  Infractions requiring a mandatory hearing.-Any
747	person cited for the infractions listed in this section shall
748	not have the provisions of s. 318.14(2), (4), and (9) available
749	to him or her but must appear before the designated official at
750	the time and location of the scheduled hearing:
751	(6)  Any infraction of s. 316.1923.
752	Section 13.  Section 319.14, Florida Statutes, is amended
753	to read:
754	319.14  Sale of motor vehicles registered or used as
755	taxicabs, police vehicles, lease vehicles, or rebuilt vehicles,
756	and nonconforming vehicles, custom vehicles, and street rod
757	vehicles.-
758	(1)(a)  No person shall knowingly offer for sale, sell, or
759	exchange any vehicle that has been licensed, registered, or used
760	as a taxicab, police vehicle, or short-term-lease vehicle, or a
761	vehicle that has been repurchased by a manufacturer pursuant to
762	a settlement, determination, or decision under chapter 681,
763	until the department has stamped in a conspicuous place on the
764	certificate of title of the vehicle, or its duplicate, words
765	stating the nature of the previous use of the vehicle or the
766	title has been stamped "Manufacturer's Buy Back" to reflect that
767	the vehicle is a nonconforming vehicle. If the certificate of
768	title or duplicate was not so stamped upon initial issuance
769	thereof or if, subsequent to initial issuance of the title, the
770	use of the vehicle is changed to a use requiring the notation
771	provided for in this section, the owner or lienholder of the
772	vehicle shall surrender the certificate of title or duplicate to
773	the department prior to offering the vehicle for sale, and the
774	department shall stamp the certificate or duplicate as required
775	herein. When a vehicle has been repurchased by a manufacturer
776	pursuant to a settlement, determination, or decision under
777	chapter 681, the title shall be stamped "Manufacturer's Buy
778	Back" to reflect that the vehicle is a nonconforming vehicle.
779	(b)  No person shall knowingly offer for sale, sell, or
780	exchange a rebuilt vehicle until the department has stamped in a
781	conspicuous place on the certificate of title for the vehicle
782	words stating that the vehicle has been rebuilt or assembled
783	from parts, or is a kit car, glider kit, replica, or flood
784	vehicle, custom vehicle, or street rod vehicle unless proper
785	application for a certificate of title for a vehicle that is
786	rebuilt or assembled from parts, or is a kit car, glider kit,
787	replica, or flood vehicle, custom vehicle, or street rod vehicle
788	has been made to the department in accordance with this chapter
789	and the department has conducted the physical examination of the
790	vehicle to assure the identity of the vehicle and all major
791	component parts, as defined in s. 319.30(1), which have been
792	repaired or replaced. Thereafter, the department shall affix a
793	decal to the vehicle, in the manner prescribed by the
794	department, showing the vehicle to be rebuilt.
795	(c)  As used in this section:
796	1.4.  "Assembled from parts" means a motor vehicle or
797	mobile home assembled from parts or combined from parts of motor
798	vehicles or mobile homes, new or used. "Assembled from parts"
799	does not mean a motor vehicle defined as a "rebuilt vehicle" in
800	subparagraph 8. 3., which has been declared a total loss
801	pursuant to s. 319.30.
802	2.  "Custom vehicle" means a motor vehicle that:
803	a.  Is 25 years or older and of a model year after 1948 or
804	was manufactured to resemble a vehicle that is 25 years old or
805	older and of a model year after 1948; and
806	b.  Has been altered from the manufacturer's original
807	design or has a body constructed from nonoriginal materials.
808
809	The model year and year of manufacture which the body of a
810	custom vehicle resembles is the model year and year of
811	manufacture listed on the certificate of title, regardless of
812	when the vehicle was actually manufactured.
813	3.8.  "Flood vehicle" means a motor vehicle or mobile home
814	that has been declared to be a total loss pursuant to s.
815	319.30(3)(a) resulting from damage caused by water.
816	4.6.  "Glider kit" means a vehicle assembled with a kit
817	supplied by a manufacturer to rebuild a wrecked or outdated
818	truck or truck tractor.
819	5.  "Kit car" means a motor vehicle assembled with a kit
820	supplied by a manufacturer to rebuild a wrecked or outdated
821	motor vehicle with a new body kit.
822	6.9.  "Nonconforming vehicle" means a motor vehicle which
823	has been purchased by a manufacturer pursuant to a settlement,
824	determination, or decision under chapter 681.
825	7.1.  "Police vehicle" means a motor vehicle owned or
826	leased by the state or a county or municipality and used in law
827	enforcement.
828	8.3.  "Rebuilt vehicle" means a motor vehicle or mobile
829	home built from salvage or junk, as defined in s. 319.30(1).
830	9.7.  "Replica" means a complete new motor vehicle
831	manufactured to look like an old vehicle.
832	10.  "Settlement" means an agreement entered into between a
833	manufacturer and a consumer that occurs after a dispute is
834	submitted to a program, or an informal dispute settlement
835	procedure established by a manufacturer or is approved for
836	arbitration before the New Motor Vehicle Arbitration Board as
837	defined in s. 681.102.
838	11.2.a.  "Short-term-lease vehicle" means a motor vehicle
839	leased without a driver and under a written agreement to one or
840	more persons from time to time for a period of less than 12
841	months.
842	b.  "Long-term-lease vehicle" means a motor vehicle leased
843	without a driver and under a written agreement to one person for
844	a period of 12 months or longer.
845	c.  "Lease vehicle" includes both short-term-lease vehicles
846	and long-term-lease vehicles.
847	12.  "Street rod" means a motor vehicle that:
848	a.  Is of a model year of 1948 or older or was manufactured
849	after 1948 to resemble a vehicle of a model year of 1948 or
850	older; and
851	b.  Has been altered from the manufacturer's original
852	design or has a body constructed from nonoriginal materials.
853
854	The model year and year of manufacture which the body of a
855	street rod resembles is the model year and year of manufacture
856	listed on the certificate of title, regardless of when the
857	vehicle was actually manufactured.
858	(2)  No person shall knowingly sell, exchange, or transfer
859	a vehicle referred to in subsection (1) without, prior to
860	consummating the sale, exchange, or transfer, disclosing in
861	writing to the purchaser, customer, or transferee the fact that
862	the vehicle has previously been titled, registered, or used as a
863	taxicab, police vehicle, or short-term-lease vehicle or is a
864	vehicle that is rebuilt or assembled from parts, or is a kit
865	car, glider kit, replica, or flood vehicle, or is a
866	nonconforming vehicle, custom vehicle, or street rod vehicle, as
867	the case may be.
868	(3)  Any person who, with intent to offer for sale or
869	exchange any vehicle referred to in subsection (1), knowingly or
870	intentionally advertises, publishes, disseminates, circulates,
871	or places before the public in any communications medium,
872	whether directly or indirectly, any offer to sell or exchange
873	the vehicle shall clearly and precisely state in each such offer
874	that the vehicle has previously been titled, registered, or used
875	as a taxicab, police vehicle, or short-term-lease vehicle or
876	that the vehicle or mobile home is a vehicle that is rebuilt or
877	assembled from parts, or is a kit car, glider kit, replica, or
878	flood vehicle, or a nonconforming vehicle, custom vehicle, or
879	street rod vehicle, as the case may be. Any person who violates
880	this subsection commits a misdemeanor of the second degree,
881	punishable as provided in s. 775.082 or s. 775.083.
882	(4)  When a certificate of title, including a foreign
883	certificate, is branded to reflect a condition or prior use of
884	the titled vehicle, the brand must be noted on the registration
885	certificate of the vehicle and such brand shall be carried
886	forward on all subsequent certificates of title and registration
887	certificates issued for the life of the vehicle.
888	(5)  Any person who knowingly sells, exchanges, or offers
889	to sell or exchange a motor vehicle or mobile home contrary to
890	the provisions of this section or any officer, agent, or
891	employee of a person who knowingly authorizes, directs, aids in,
892	or consents to the sale, exchange, or offer to sell or exchange
893	a motor vehicle or mobile home contrary to the provisions of
894	this section commits a misdemeanor of the second degree,
895	punishable as provided in s. 775.082 or s. 775.083.
896	(6)  Any person who removes a rebuilt decal from a rebuilt
897	vehicle with the intent to conceal the rebuilt status of the
898	vehicle commits a felony of the third degree, punishable as
899	provided in s. 775.082, s. 775.083, or s. 775.084.
900	(7)  This section applies to a mobile home, travel trailer,
901	camping trailer, truck camper, or fifth-wheel recreation trailer
902	only when such mobile home or vehicle is a rebuilt vehicle or is
903	assembled from parts.
904	(8)  No person shall be liable or accountable in any civil
905	action arising out of a violation of this section if the
906	designation of the previous use or condition of the motor
907	vehicle is not noted on the certificate of title and
908	registration certificate of the vehicle which was received by,
909	or delivered to, such person, unless such person has actively
910	concealed the prior use or condition of the vehicle from the
911	purchaser.
912	(9)  Subsections (1), (2), and (3) do not apply to the
913	transfer of ownership of a motor vehicle after the motor vehicle
914	has ceased to be used as a lease vehicle and the ownership has
915	been transferred to an owner for private use or to the transfer
916	of ownership of a nonconforming vehicle with 36,000 or more
917	miles on its odometer, or 34 months whichever is later and the
918	ownership has been transferred to an owner for private use. Such
919	owner, as shown on the title certificate, may request the
920	department to issue a corrected certificate of title that does
921	not contain the statement of the previous use of the vehicle as
922	a lease vehicle or condition as a nonconforming vehicle.
923	Section 14.  Section 319.40, Florida Statutes, is amended
924	to read:
925	319.40  Transactions by electronic or telephonic means.-
926	(1)  The department may is authorized to accept any
927	application provided for under this chapter by electronic or
928	telephonic means.
929	(2)  The department may collect and use Internet e-mail
930	addresses and telephone numbers of motor vehicle owners and
931	registrants for the purpose of providing notices to such owners
932	and registrants in lieu of the United States Postal Service.
933	Section 15.  Subsection (23) of section 320.01, Florida
934	Statutes, is repealed, subsections (24) through (45) are
935	renumbered as subsections (23) through (44), respectively, and
936	present subsections (25) and (26) of that section are amended to
937	read:
938	320.01  Definitions, general.-As used in the Florida
939	Statutes, except as otherwise provided, the term:
940	(23)  "Apportioned motor vehicle" means any motor vehicle
941	which is required to be registered, or with respect to which an
942	election has been made to register it, under the International
943	Registration Plan.
944	(24)(25)  "Apportionable vehicle" means any vehicle, except
945	recreational vehicles, vehicles displaying restricted plates,
946	city pickup and delivery vehicles, buses used in transportation
947	of chartered parties, and government-owned vehicles, which is
948	used or intended for use in two or more member jurisdictions
949	that allocate or proportionally register vehicles and which is
950	used for the transportation of persons for hire or is designed,
951	used, or maintained primarily for the transportation of property
952	and:
953	(a)  Is a power unit having a gross vehicle weight in
954	excess of 26,000 26,001 pounds;
955	(b)  Is a power unit having three or more axles, regardless
956	of weight; or
957	(c)  Is used in combination, when the weight of such
958	combination exceeds 26,000 26,001 pounds gross vehicle weight.
959
960	Vehicles, or combinations thereof, having a gross vehicle weight
961	of 26,000 26,001 pounds or less and two-axle vehicles may be
962	proportionally registered.
963	(25)(26)  "Commercial motor vehicle" means any vehicle
964	which is not owned or operated by a governmental entity, which
965	uses special fuel or motor fuel on the public highways, and
966	which has a gross vehicle weight of 26,001 pounds or more, or
967	has three or more axles regardless of weight, or is used in
968	combination when the weight of such combination exceeds 26,000
969	26,001 pounds gross vehicle weight. A vehicle that occasionally
970	transports personal property to and from a closed-course
971	motorsport facility, as defined in s. 549.09(1)(a), is not a
972	commercial motor vehicle if the use is not for profit and
973	corporate sponsorship is not involved. As used in this
974	subsection, the term "corporate sponsorship" means a payment,
975	donation, gratuity, in-kind service, or other benefit provided
976	to or derived by a person in relation to the underlying
977	activity, other than the display of product or corporate names,
978	logos, or other graphic information on the property being
979	transported.
980	Section 16.  Subsections (7) and (9) of section 320.03,
981	Florida Statutes, are amended to read:
982	320.03  Registration; duties of tax collectors;
983	International Registration Plan.-
984	(7)  The Department of Highway Safety and Motor Vehicles
985	shall register apportionable apportioned motor vehicles under
986	the provisions of the International Registration Plan. The
987	department may adopt rules to implement and enforce the
988	provisions of the plan.
989	(9)  A nonrefundable fee of $1.50 shall be charged on the
990	initial and renewal registration of each automobile for private
991	use, and on the initial and renewal registration of each truck
992	having a net weight of 8,000 5,000 pounds or less. Such fees
993	shall be deposited in the Transportation Disadvantaged Trust
994	Fund created in part I of chapter 427 and shall be used as
995	provided therein, except that priority shall be given to the
996	transportation needs of those who, because of age or physical
997	and mental disability, are unable to transport themselves and
998	are dependent upon others to obtain access to health care,
999	employment, education, shopping, or other life-sustaining
1000	activities.
1001	Section 17.  Paragraph (a) of subsection (1) and subsection
1002	(5) of section 320.055, Florida Statutes, are amended to read:
1003	320.055  Registration periods; renewal periods.-The
1004	following registration periods and renewal periods are
1005	established:
1006	(1)(a)  For a motor vehicle subject to registration under
1007	s. 320.08(1), (2), (3), (4)(a) and (b), (5)(b), (c), (d), or
1008	(f), (6)(a), (7), (8), (9), or (10) and owned by a natural
1009	person, the registration period begins the first day of the
1010	birth month of the owner and ends the last day of the month
1011	immediately preceding the owner's birth month in the succeeding
1012	year. If such vehicle is registered in the name of more than one
1013	person, the birth month of the person whose name first appears
1014	on the registration shall be used to determine the registration
1015	period. For a vehicle subject to this registration period, the
1016	renewal period is the 30-day period ending at midnight on the
1017	vehicle owner's date of birth.
1018	(5)  For a vehicle subject to apportioned registration
1019	under s. 320.08(4), (5)(a)1., (e), (6)(b), or (14), the
1020	registration period shall be a period of 12 months beginning in
1021	a month designated by the department and ending on the last day
1022	of the 12th month. For a vehicle subject to this registration
1023	period, the renewal period is the last month of the registration
1024	period. The registration period may be shortened or extended at
1025	the discretion of the department, on receipt of the appropriate
1026	prorated fees, in order to evenly distribute such registrations
1027	on a monthly basis. For a vehicle subject to nonapportioned
1028	registration under s. 320.08(4)(a) and (b) and not owned by a
1029	natural person, (4)(c)-(n), (5)(a)1., (6)(b), or (14), the
1030	registration period begins December 1 and ends November 30. The
1031	renewal period is the 31-day period beginning December 1.
1032	Section 18.  Paragraph (b) of subsection (1) of section
1033	320.071, Florida Statutes, is amended to read:
1034	320.071  Advance registration renewal; procedures.-
1035	(1)
1036	(b)  The owner of any apportionable apportioned motor
1037	vehicle currently registered in this state may file an
1038	application for renewal of registration with the department any
1039	time during the 3 5 months preceding the date of expiration of
1040	the registration period.
1041	Section 19.  Subsections (1) and (3) of section 320.0715,
1042	Florida Statutes, are amended to read:
1043	320.0715  International Registration Plan; motor carrier
1044	services; permits; retention of records.-
1045	(1)  All apportionable commercial motor vehicles domiciled
1046	in this state and engaged in interstate commerce shall be
1047	registered in accordance with the provisions of the
1048	International Registration Plan and shall display apportioned
1049	license plates.
1050	(3)(a)  If the department is unable to immediately issue
1051	the apportioned license plate to an applicant currently
1052	registered in this state under the International Registration
1053	Plan or to a vehicle currently titled in this state, the
1054	department or its designated agent is authorized to issue a 60-
1055	day temporary operational permit. The department or agent of the
1056	department shall charge a $3 fee and the service charge
1057	authorized by s. 320.04 for each temporary operational permit it
1058	issues.
1059	(b)  The department shall in no event issue a temporary
1060	operational permit for any apportionable commercial motor
1061	vehicle to any applicant until the applicant has shown that:
1062	1.  All sales or use taxes due on the registration of the
1063	vehicle are paid; and
1064	2.  Insurance requirements have been met in accordance with
1065	ss. 320.02(5) and 627.7415.
1066	(c)  Issuance of a temporary operational permit provides
1067	commercial motor vehicle registration privileges in each
1068	International Registration Plan member jurisdiction designated
1069	on said permit and therefore requires payment of all applicable
1070	registration fees and taxes due for that period of registration.
1071	(d)  Application for permanent registration must be made to
1072	the department within 10 days from issuance of a temporary
1073	operational permit. Failure to file an application within this
1074	10-day period may result in cancellation of the temporary
1075	operational permit.
1076	Section 20.  Paragraph (a) of subsection (2) and paragraph
1077	(d) of subsection (5) of section 320.08, Florida Statutes, are
1078	amended to read:
1079	320.08  License taxes.-Except as otherwise provided herein,
1080	there are hereby levied and imposed annual license taxes for the
1081	operation of motor vehicles, mopeds, motorized bicycles as
1082	defined in s. 316.003(2), and mobile homes, as defined in s.
1083	320.01, which shall be paid to and collected by the department
1084	or its agent upon the registration or renewal of registration of
1085	the following:
1086	(2)  AUTOMOBILES FOR PRIVATE USE.-
1087	(a)  An ancient or antique automobile, as defined in s.
1088	320.086, or a street rod, as defined in s. 319.14 320.0863:
1089	$10.25 flat, of which $2.75 shall be deposited into the General
1090	Revenue Fund.
1091	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1092	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1093	(d)  A wrecker, as defined in s. 320.01(39)(40), which is
1094	used to tow a vessel as defined in s. 327.02(39), a disabled,
1095	abandoned, stolen-recovered, or impounded motor vehicle as
1096	defined in s. 320.01(37)(38), or a replacement motor vehicle as
1097	defined in s. 320.01(38)(39): $41 flat, of which $11 shall be
1098	deposited into the General Revenue Fund.
1099	Section 21.  Subsections (1) and (2) of section 320.0807,
1100	Florida Statutes, are amended to read:
1101	320.0807  Special license plates for Governor and federal
1102	and state legislators.-
1103	(1)  Upon application by any member of the House of
1104	Representatives of Congress and payment of the fees prescribed
1105	by s. 320.0805, the department is authorized to issue to such
1106	Member of Congress a license plate stamped "Member of Congress"
1107	followed by the number of the appropriate congressional district
1108	and the letters "MC," or any other configuration chosen by the
1109	member which is not already in use. Upon application by a United
1110	States Senator and payment of the fees prescribed by s.
1111	320.0805, the department is authorized to issue a license plate
1112	stamped "USS," followed by the numeral II in the case of the
1113	junior senator.
1114	(2)  Upon application by any member of the state House of
1115	Representatives and payment of the fees prescribed by s.
1116	320.0805, the department is authorized to issue such state
1117	representative license plates stamped in bold letters "State
1118	Legislator," followed by the number of the appropriate House of
1119	Representatives district and the letters "HR," or any other
1120	configuration chosen by the member which is not already in use
1121	on one plate; the numbers of the other plates will be assigned
1122	by the department. Upon application by a state senator and
1123	payment of the fees prescribed by s. 320.0805, the department is
1124	authorized to issue license plates stamped in bold letters
1125	"State Senator," followed by the number of the appropriate
1126	Senate district and the letters "SS," or any other configuration
1127	chosen by the member which is not already in use on one plate;
1128	the numbers of the other plates will be assigned by the
1129	department.
1130	Section 22.  Subsection (4) of section 320.084, Florida
1131	Statutes, is amended to read:
1132	320.084  Free motor vehicle license plate to certain
1133	disabled veterans.-
1134	(4)(a)  With the issuance of each new permanent "DV"
1135	numerical motor vehicle license plate, the department shall
1136	initially issue, without cost to the applicant, a validation
1137	sticker reflecting the owner's birth month and a serially
1138	numbered validation sticker reflecting the year of expiration.
1139	The initial sticker reflecting the year of expiration may not
1140	exceed 27 15 months.
1141	(b)  There shall be a service charge in accordance with the
1142	provisions of s. 320.04 for each initial application or renewal
1143	of registration and an additional sum of 50 cents on each
1144	license plate and validation sticker as provided in s.
1145	320.06(3)(b).
1146	(c)  Registration under this section shall be renewed
1147	annually or biennially during the applicable renewal period on
1148	forms prescribed by the department, which shall include, in
1149	addition to any other information required by the department, a
1150	certified statement as to the continued eligibility of the
1151	applicant to receive the special "DV" license plate. Any
1152	applicant who falsely or fraudulently submits to the department
1153	the certified statement required by this paragraph is guilty of
1154	a noncriminal violation and is subject to a civil penalty of
1155	$50.
1156	Section 23.  Section 320.0863, Florida Statutes, is amended
1157	to read:
1158	320.0863  Custom vehicles and street rods; registration and
1159	license plates.-
1160	(1)  As used in this section, the term:
1161	(a)  "blue dot tail light" means a red lamp that contains a
1162	blue or purple insert that is not more than one inch in diameter
1163	and is installed in the rear of a motor vehicle.
1164	(b)  "Custom vehicle" means a motor vehicle that:
1165	1.  Is 25 years old or older and of a model year after 1948
1166	or was manufactured to resemble a vehicle that is 25 years old
1167	or older and of a model year after 1948; and
1168	2.  Has been altered from the manufacturer's original
1169	design or has a body constructed from nonoriginal materials.
1170	(c)  "Street rod" means a motor vehicle that:
1171	1.  Is of a model year of 1948 or older or was manufactured
1172	after 1948 to resemble a vehicle of a model year of 1948 or
1173	older; and
1174	2.  Has been altered from the manufacturer's original
1175	design or has a body constructed from nonoriginal materials.
1176	(2)  The model year and year of manufacture which the body
1177	of a custom vehicle or street rod resembles is the model year
1178	and year of manufacture listed on the certificate of title,
1179	regardless of when the vehicle was actually manufactured.
1180	(2)(3)  To register a street rod or custom vehicle as
1181	defined in s. 319.14(1)(c), the owner shall apply to the
1182	department by submitting a completed application form and
1183	providing:
1184	(a)  The license tax prescribed by s. 320.08(2)(a) and a
1185	processing fee of $3;
1186	(b)  A written statement that the vehicle will not be used
1187	for general daily transportation but will be maintained for
1188	occasional transportation, exhibitions, club activities,
1189	parades, tours, or other functions of public interest and
1190	similar uses; and
1191	(c)  A written statement that the vehicle meets state
1192	equipment and safety requirements for motor vehicles. However,
1193	the vehicle must meet only the requirements that were in effect
1194	in this state as a condition of sale in the year listed as the
1195	model year on the certificate of title.
1196	(3)(4)  The registration numbers and special license plates
1197	assigned to such vehicles shall run in a separate series,
1198	commencing with "Custom Vehicle 1" or "Street Rod 1,"
1199	respectively, and the plates shall be of a distinguishing color
1200	and design.
1201	(4)(5)(a)  A vehicle registered under this section is
1202	exempt from any law or local ordinance that requires periodic
1203	vehicle inspections or the use and inspection of emission
1204	controls.
1205	(b)  Such vehicle may also be equipped with blue dot tail
1206	lights for stop lamps, rear turning indicator lamps, rear hazard
1207	lamps, and rear reflectors.
1208	Section 24.  Paragraphs (a) and (b) of subsection (9) of
1209	section 320.27, Florida Statutes, are amended to read:
1210	320.27  Motor vehicle dealers.-
1211	(9)  DENIAL, SUSPENSION, OR REVOCATION.-
1212	(a)  The department may deny, suspend, or revoke any
1213	license issued hereunder or under the provisions of s. 320.77 or
1214	s. 320.771, upon proof that a licensee has committed any of the
1215	following activities:
1216	1.  Commission of fraud or willful misrepresentation in
1217	application for or in obtaining a license.
1218	2.  Conviction of a felony.
1219	3.  Failure to honor a bank draft or check given to a motor
1220	vehicle dealer for the purchase of a motor vehicle by another
1221	motor vehicle dealer within 10 days after notification that the
1222	bank draft or check has been dishonored. If the transaction is
1223	disputed, the maker of the bank draft or check shall post a bond
1224	in accordance with the provisions of s. 559.917, and no
1225	proceeding for revocation or suspension shall be commenced until
1226	the dispute is resolved.
1227	4.  Failure to honor a bank draft or check given to the
1228	department for payment of any fees within 10 days after
1229	notification that the bank draft or check has been dishonored.
1230	If the transaction is disputed, the maker of the bank draft or
1231	check shall post a bond in accordance with the provisions of s.
1232	559.917, and no proceeding for revocation or suspension shall be
1233	commenced until the dispute is resolved.
1234	(b)  The department may deny, suspend, or revoke any
1235	license issued hereunder or under the provisions of s. 320.77 or
1236	s. 320.771 upon proof that a licensee has committed, with
1237	sufficient frequency so as to establish a pattern of wrongdoing
1238	on the part of a licensee, violations of one or more of the
1239	following activities:
1240	1.  Representation that a demonstrator is a new motor
1241	vehicle, or the attempt to sell or the sale of a demonstrator as
1242	a new motor vehicle without written notice to the purchaser that
1243	the vehicle is a demonstrator. For the purposes of this section,
1244	a "demonstrator," a "new motor vehicle," and a "used motor
1245	vehicle" shall be defined as under s. 320.60.
1246	2.  Unjustifiable refusal to comply with a licensee's
1247	responsibility under the terms of the new motor vehicle warranty
1248	issued by its respective manufacturer, distributor, or importer.
1249	However, if such refusal is at the direction of the
1250	manufacturer, distributor, or importer, such refusal shall not
1251	be a ground under this section.
1252	3.  Misrepresentation or false, deceptive, or misleading
1253	statements with regard to the sale or financing of motor
1254	vehicles which any motor vehicle dealer has, or causes to have,
1255	advertised, printed, displayed, published, distributed,
1256	broadcast, televised, or made in any manner with regard to the
1257	sale or financing of motor vehicles.
1258	4.  Failure by any motor vehicle dealer to provide a
1259	customer or purchaser with an odometer disclosure statement and
1260	a copy of any bona fide written, executed sales contract or
1261	agreement of purchase connected with the purchase of the motor
1262	vehicle purchased by the customer or purchaser.
1263	5.  Failure of any motor vehicle dealer to comply with the
1264	terms of any bona fide written, executed agreement, pursuant to
1265	the sale of a motor vehicle.
1266	6.  Failure to apply for transfer of a title as prescribed
1267	in s. 319.23(6).
1268	7.  Use of the dealer license identification number by any
1269	person other than the licensed dealer or his or her designee.
1270	8.  Failure to continually meet the requirements of the
1271	licensure law.
1272	9.  Representation to a customer or any advertisement to
1273	the public representing or suggesting that a motor vehicle is a
1274	new motor vehicle if such vehicle lawfully cannot be titled in
1275	the name of the customer or other member of the public by the
1276	seller using a manufacturer's statement of origin as permitted
1277	in s. 319.23(1).
1278	10.  Requirement by any motor vehicle dealer that a
1279	customer or purchaser accept equipment on his or her motor
1280	vehicle which was not ordered by the customer or purchaser.
1281	11.  Requirement by any motor vehicle dealer that any
1282	customer or purchaser finance a motor vehicle with a specific
1283	financial institution or company.
1284	12.  Requirement by any motor vehicle dealer that the
1285	purchaser of a motor vehicle contract with the dealer for
1286	physical damage insurance.
1287	13.  Perpetration of a fraud upon any person as a result of
1288	dealing in motor vehicles, including, without limitation, the
1289	misrepresentation to any person by the licensee of the
1290	licensee's relationship to any manufacturer, importer, or
1291	distributor.
1292	14.  Violation of any of the provisions of s. 319.35 by any
1293	motor vehicle dealer.
1294	15.  Sale by a motor vehicle dealer of a vehicle offered in
1295	trade by a customer prior to consummation of the sale, exchange,
1296	or transfer of a newly acquired vehicle to the customer, unless
1297	the customer provides written authorization for the sale of the
1298	trade-in vehicle prior to delivery of the newly acquired
1299	vehicle.
1300	16.  Willful failure to comply with any administrative rule
1301	adopted by the department or the provisions of s. 320.131(8).
1302	17.  Violation of chapter 319, this chapter, or ss.
1303	559.901-559.9221, which has to do with dealing in or repairing
1304	motor vehicles or mobile homes. Additionally, in the case of
1305	used motor vehicles, the willful violation of the federal law
1306	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1307	the consumer sales window form.
1308	18.  Failure to maintain evidence of notification to the
1309	owner or coowner of a vehicle regarding registration or titling
1310	fees owed as required in s. 320.02(16).
1311	19.  Failure to obtain a supplemental license for off-
1312	premises sales as required in subsection (5).
1313	20.19.  Failure to register a mobile home salesperson with
1314	the department as required by this section.
1315	Section 25.  Subsection (10) of section 320.77, Florida
1316	Statutes, is amended to read:
1317	320.77  License required of mobile home dealers.-
1318	(10)  EVIDENCE OF TITLE REQUIRED.-A mobile home dealer may
1319	not sell or offer for sale a mobile home in his or her
1320	possession unless the dealer satisfies the requirements of this
1321	subsection.
1322	(a)  For each new mobile home, the licensee shall also have
1323	in his or her possession for each new mobile home a
1324	manufacturer's invoice or statement of origin., and
1325	(b)  For each used mobile home, the licensee shall:
1326	1.  Have a properly assigned certificate of title or
1327	registration certificate if the used mobile home was previously
1328	registered in a nontitle state, from the time the mobile home is
1329	delivered to the licensee until it has been disposed of by him
1330	or her;
1331	2.  Have reasonable indicia of ownership; or
1332	3.  Have made proper application for a certificate of title
1333	or duplicate certificate of title in accordance with the
1334	provisions of chapter 319.
1335	(c)  For purposes of this subsection, reasonable indicia of
1336	ownership includes:
1337	1.  A consignment contract between the owner and the dealer
1338	along with a secure power of attorney from the owner to the
1339	dealer authorizing the dealer to apply for a duplicate
1340	certificate of title and assign the title on behalf of the
1341	owner;
1342	2.  A court order awarding title to the mobile home to the
1343	dealer;
1344	3.  A salvage certificate of title;
1345	4.  A photocopy of a duly assigned certificate of title
1346	being held by a financial institution as collateral for a
1347	business loan of money to the dealer, known as a "floor plan";
1348	5.  A copy of a canceled check or other documentation
1349	evidencing that an outstanding lien on a mobile home taken in
1350	trade by a licensed dealer has been satisfied and that the
1351	certificate of title will be, but has not yet been, received by
1352	the dealer; or
1353	6.  A mobile home purchase order or installment contract
1354	for a specific mobile home identifying that mobile home as a
1355	trade-in on a replacement mobile home.
1356	Section 26.  Subsection (5) of section 320.8225, Florida
1357	Statutes, is amended to read:
1358	320.8225  Mobile home and recreational vehicle
1359	manufacturer, distributor, and importer license.-
1360	(5)  REQUIREMENT OF ASSURANCE.-
1361	(a)  Annually, prior to the receipt of a license to
1362	manufacture mobile homes, the applicant or licensee shall submit
1363	a surety bond, cash bond, or letter of credit from a financial
1364	institution, or a proper continuation certificate, sufficient to
1365	assure satisfaction of claims against the licensee for failure
1366	to comply with appropriate code standards, failure to provide
1367	warranty service, or violation of any provisions of this
1368	section. The amount of the surety bond, cash bond, or letter of
1369	credit must be $50,000. Only one surety bond, cash bond, or
1370	letter of credit shall be required for each manufacturer,
1371	regardless of the number of factory locations. The surety bond,
1372	cash bond, or letter of credit must be to the department, in
1373	favor of any retail customer who suffers a loss arising out of
1374	noncompliance with code standards or failure to honor or provide
1375	warranty service. The department may disapprove any bond or
1376	letter of credit that does not provide assurance as provided in
1377	this section.
1378	(b)  Annually, prior to the receipt of a license to
1379	manufacture, distribute, or import recreational vehicles, the
1380	applicant or licensee shall submit a surety bond or letter of
1381	credit, or a proper continuation certificate, sufficient to
1382	assure satisfaction of claims against the licensee for failure
1383	to comply with appropriate code standards, failure to provide
1384	warranty service, or violation of any provisions of this
1385	section. The amount of the surety bond or letter of credit must
1386	be $10,000 per year. The surety bond or letter of credit must be
1387	to the department, in favor of any retail customer who suffers
1388	loss arising out of noncompliance with code standards or failure
1389	to honor or provide warranty service. The department may
1390	disapprove any bond or letter of credit that does not provide
1391	assurance as provided in this section.
1392	(c)  The department shall adopt rules pursuant to chapter
1393	120 relating to providing assurance of satisfaction of claims
1394	under this section.
1395	(d)  The department shall, upon denial, suspension, or
1396	revocation of any license, notify the surety company or
1397	financial institution issuing the irrevocable letter of credit
1398	of the licensee, in writing, that the license has been denied,
1399	suspended, or revoked and shall state the reason for such
1400	denial, suspension, or revocation.
1401	(e)  Any surety company that pays any claim against the
1402	bond or any financial institution that honors a demand for
1403	payment as a condition specified in the letter of credit of any
1404	licensee shall notify the department, in writing, that it has
1405	paid such a claim and shall state the amount of the claim.
1406	(f)  Any surety company that cancels the bond or any
1407	financial institution that cancels the letter of credit of any
1408	licensee shall notify the department, in writing, of such
1409	cancellation, giving reason for the cancellation. The surety
1410	bond or letter of credit may not be canceled without at least 30
1411	days' written notice by the insurer to the department. The 30-
1412	day notice period begins on the date the notice is received by
1413	the department.
1414	(g)  The department shall deny, suspend, or revoke the
1415	license issued under this chapter of a licensee who conducts
1416	business during the license period without having in full force
1417	and effect a surety bond or letter of credit that complies with
1418	this section.
1419	Section 27.  Section 320.95, Florida Statutes, is amended
1420	to read:
1421	320.95  Transactions by electronic or telephonic means.-
1422	(1)  The department may is authorized to accept any
1423	application provided for under this chapter by electronic or
1424	telephonic means.
1425	(2)  The department may collect and use Internet e-mail
1426	addresses and telephone numbers of motor vehicle owners and
1427	registrants for the purpose of providing notices to such owners
1428	and registrants in lieu of the United States Postal Service.
1429	Section 28.  Section 321.03, Florida Statutes, is amended
1430	to read:
1431	321.03  Imitations prohibited; penalty.-Unless specifically
1432	authorized by the Florida Highway Patrol, it is shall be
1433	unlawful for any person or persons in the state to possess or
1434	color or cause to be colored any motor vehicle or motorcycle the
1435	same or similar color as the color or colors so prescribed for
1436	the Florida Highway Patrol. Any person violating any of the
1437	provisions of this section or s. 321.02 with respect to
1438	uniforms, emblems, motor vehicles and motorcycles shall be
1439	guilty of a misdemeanor of the first degree, punishable as
1440	provided in s. 775.082 or s. 775.083. The Department of Highway
1441	Safety and Motor Vehicles shall employ such clerical help and
1442	mechanics as may be necessary for the economical and efficient
1443	operation of such department.
1444	Section 29.  Section 321.05, Florida Statutes, is amended
1445	to read:
1446	321.05  Duties, functions, and powers of patrol officers.-
1447	The members of the Florida Highway Patrol are hereby declared to
1448	be conservators of the peace and law enforcement officers of the
1449	state, with the common-law right to arrest a person who, in the
1450	presence of the arresting officer, commits a felony or commits
1451	an affray or breach of the peace constituting a misdemeanor,
1452	with full power to bear arms; and they shall apprehend, without
1453	warrant, any person in the unlawful commission of any of the
1454	acts over which the members of the Florida Highway Patrol are
1455	given jurisdiction as hereinafter set out and deliver him or her
1456	to the sheriff of the county that further proceedings may be had
1457	against him or her according to law. In the performance of any
1458	of the powers, duties, and functions authorized by law, members
1459	of the Florida Highway Patrol shall have the same protections
1460	and immunities afforded other peace officers, which shall be
1461	recognized by all courts having jurisdiction over offenses
1462	against the laws of this state, and shall have authority to
1463	apply for, serve, and execute search warrants, arrest warrants,
1464	capias, and other process of the court in those matters in which
1465	patrol officers have primary responsibility as set forth in
1466	subsection (1). The patrol officers under the direction and
1467	supervision of the Department of Highway Safety and Motor
1468	Vehicles shall perform and exercise throughout the state the
1469	following duties, functions, and powers:
1470	(1)  To patrol the state highways and regulate, control,
1471	and direct the movement of traffic thereon; to maintain the
1472	public peace by preventing violence on highways; to apprehend
1473	fugitives from justice; to enforce all laws now in effect
1474	regulating and governing traffic, travel, and public safety upon
1475	the public highways and providing for the protection of the
1476	public highways and public property thereon; to make arrests
1477	without warrant for the violation of any state law committed in
1478	their presence in accordance with the laws of this state;
1479	providing that no search shall be made unless it is incident to
1480	a lawful arrest, to regulate and direct traffic concentrations
1481	and congestions; to enforce laws governing the operation,
1482	licensing, and taxing and limiting the size, weight, width,
1483	length, and speed of vehicles and licensing and controlling the
1484	operations of drivers and operators of vehicles; to cooperate
1485	with officials designated by law to collect all state fees and
1486	revenues levied as an incident to the use or right to use the
1487	highways for any purpose; to require the drivers of vehicles to
1488	stop and exhibit their driver's licenses, registration cards, or
1489	documents required by law to be carried by such vehicles; to
1490	investigate traffic accidents, secure testimony of witnesses and
1491	of persons involved, and make report thereof with copy, when
1492	requested in writing, to any person in interest or his or her
1493	attorney; to investigate reported thefts of vehicles and to
1494	seize contraband or stolen property on or being transported on
1495	the highways. Each law enforcement officer is subject to and
1496	shall have the same arrest and other authority provided for law
1497	enforcement officers generally in chapter 901 and shall have
1498	statewide jurisdiction. Each officer shall also have arrest
1499	authority as provided for state law enforcement officers in s.
1500	901.15. This section shall not be construed as being in conflict
1501	with, but is supplemental to, chapter 933.
1502	(2)  To assist other constituted law enforcement officers
1503	of the state to quell mobs and riots, guard prisoners, and
1504	police disaster areas.
1505	(3)(a)  To make arrests while in fresh pursuit of a person
1506	believed to have violated the traffic and other laws.
1507	(b)  To make arrest of a person wanted for a felony or
1508	against whom a warrant has been issued on any charge in
1509	violation of federal, state, or county laws or municipal
1510	ordinances.
1511	(4)(a)  All fines and costs and the proceeds of the
1512	forfeiture of bail bonds and recognizances resulting from the
1513	enforcement of this chapter by patrol officers shall be paid
1514	into the fine and forfeiture fund established pursuant to s.
1515	142.01 of the county where the offense is committed. In all
1516	cases of arrest by patrol officers, the person arrested shall be
1517	delivered forthwith by said officer to the sheriff of the
1518	county, or he or she shall obtain from such person arrested a
1519	recognizance or, if deemed necessary, a cash bond or other
1520	sufficient security conditioned for his or her appearance before
1521	the proper tribunal of such county to answer the charge for
1522	which he or she has been arrested; and all fees accruing shall
1523	be taxed against the party arrested, which fees are hereby
1524	declared to be part of the compensation of said sheriffs
1525	authorized to be fixed by the Legislature under s. 5(c), Art. II
1526	of the State Constitution, to be paid such sheriffs in the same
1527	manner as fees are paid for like services in other criminal
1528	cases. All patrol officers are hereby directed to deliver all
1529	bonds accepted and approved by them to the sheriff of the county
1530	in which the offense is alleged to have been committed. However,
1531	no sheriff shall be paid any arrest fee for the arrest of a
1532	person for violation of any section of chapter 316 when the
1533	arresting officer was transported in a Florida Highway Patrol
1534	car to the vicinity where the arrest was made; and no sheriff
1535	shall be paid any fee for mileage for himself or herself or a
1536	prisoner for miles traveled in a Florida Highway Patrol car. No
1537	patrol officer shall be entitled to any fee or mileage cost
1538	except when responding to a subpoena in a civil cause or except
1539	when such patrol officer is appearing as an official witness to
1540	testify at any hearing or law action in any court of this state
1541	as a direct result of his or her employment as a patrol officer
1542	during time not compensated as a part of his or her normal
1543	duties. Nothing herein shall be construed as limiting the power
1544	to locate and to take from any person under arrest or about to
1545	be arrested deadly weapons. Nothing contained in this section
1546	shall be construed as a limitation upon existing powers and
1547	duties of sheriffs or police officers.
1548	(b)  Any person so arrested and released on his or her own
1549	recognizance by an officer and who shall fail to appear or
1550	respond to a notice to appear shall, in addition to the traffic
1551	violation charge, be guilty of a noncriminal traffic infraction
1552	subject to the penalty provided in s. 318.18(2).
1553	(5)  The department may employ or assign some fit and
1554	suitable person with experience in the field of public relations
1555	who shall have the duty to promote, coordinate, and publicize
1556	the traffic safety activities in the state and assign such
1557	person to the office of the Governor at a salary to be fixed by
1558	the department. The person so assigned or employed shall be a
1559	member of the uniform division of the Florida Highway Patrol,
1560	and he or she shall have the pay and rank of lieutenant while on
1561	such assignment.
1562	(6)  The Division of Florida Highway Patrol is authorized
1563	to promulgate rules and regulations which may be necessary to
1564	implement the provisions of chapter 316.
1565	Section 30.  Subsection (4) of section 322.0261, Florida
1566	Statutes, is amended to read:
1567	322.0261  Driver improvement course; requirement to
1568	maintain driving privileges; failure to complete; department
1569	approval of course.-
1570	(4)  The department shall identify any operator convicted
1571	of, or who pleaded nolo contendere to, a violation of s.
1572	316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, s.
1573	316.1923, or s. 316.192 and shall require that operator, in
1574	addition to other applicable penalties, to attend a department-
1575	approved driver improvement course in order to maintain driving
1576	privileges. If the operator fails to complete the course within
1577	90 days after receiving notice from the department, the
1578	operator's driver license shall be canceled by the department
1579	until the course is successfully completed.
1580	Section 31.  Subsection (8) is added to section 322.08,
1581	Florida Statutes, to read:
1582	322.08  Application for license.-
1583	(8)  The department may collect and use Internet e-mail
1584	addresses and telephone numbers of driver's license or
1585	identification card holders for the purpose of providing notices
1586	to such driver's license or identification card holders in lieu
1587	of the United States Postal Service.
1588	Section 32.  Subsection (1) of section 322.095, Florida
1589	Statutes, is amended to read:
1590	322.095  Traffic law and substance abuse education program
1591	for driver's license applicants.-
1592	(1)  The Department of Highway Safety and Motor Vehicles
1593	must approve traffic law and substance abuse education courses
1594	that must be completed by applicants for a Florida driver's
1595	license. The curricula for the courses must provide instruction
1596	on the physiological and psychological consequences of the abuse
1597	of alcohol and other drugs, the societal and economic costs of
1598	alcohol and drug abuse, the effects of alcohol and drug abuse on
1599	the driver of a motor vehicle, and the laws of this state
1600	relating to the operation of a motor vehicle. All instructors
1601	teaching the courses shall be certified by the department.
1602	Section 33.  Section 322.121, Florida Statutes, is amended
1603	to read:
1604	322.121  Periodic reexamination of all drivers.-
1605	(1)  It is the intent of the Legislature that all licensed
1606	drivers in Florida be reexamined upon renewal of their licenses.
1607	Because only a small percentage of drivers in the state are
1608	categorized as problem drivers, the Legislature intends that
1609	renewals the large number of drivers who have not had any
1610	convictions for the 3 years preceding renewal and whose driving
1611	privilege in this state has not been revoked, disqualified, or
1612	suspended at any time during the 7 years preceding renewal be
1613	processed expeditiously upon renewal of their licenses by
1614	examinations of the licensee's their eyesight and hearing only
1615	and that all other licensees be tested, in addition to the
1616	eyesight and hearing examinations, with respect to their ability
1617	to read and understand highway signs regulating, warning, and
1618	directing traffic.
1619	(2)  Each licensee must pass a reexamination at the time of
1620	renewal, except as otherwise provided in this chapter. For each
1621	licensee whose driving record does not show any convictions for
1622	the preceding 3 years or any revocations, disqualifications, or
1623	suspensions for the preceding 7 years; and who, at the time of
1624	renewal, presents a renewal notice verifying such safe driving
1625	record, the reexamination shall consist of tests of the
1626	licensee's eyesight and hearing. For all other licensees, in
1627	addition to the eyesight and hearing tests, the reexamination
1628	must include tests of the ability to read and understand highway
1629	signs and pavement markings regulating, warning, and directing
1630	traffic.
1631	(2)(3)  For each licensee whose driving record does not
1632	show any revocations, disqualifications, or suspensions for the
1633	preceding 7 years or any convictions for the preceding 3 years
1634	except for convictions of the following nonmoving violations:
1635	(a)  Failure to exhibit a vehicle registration certificate,
1636	rental agreement, or cab card pursuant to s. 320.0605;
1637	(b)  Failure to renew a motor vehicle or mobile home
1638	registration that has been expired for 4 months or less pursuant
1639	to s. 320.07(3)(a);
1640	(c)  Operating a motor vehicle with an expired license that
1641	has been expired for 4 months or less pursuant to s. 322.065;
1642	(d)  Failure to carry or exhibit a license pursuant to s.
1643	322.15(1); or
1644	(e)  Failure to notify the department of a change of
1645	address or name within 10 days pursuant to s. 322.19,
1646
1647	the department shall cause such licensee's license to be
1648	prominently marked with the notation "Safe Driver."
1649	(3)(4)  Eyesight examinations must be administered as
1650	provided in s. 322.12.
1651	(4)(5)  An examination fee may not be assessed for
1652	reexamination required by this section.
1653	(5)(6)  Members of the Armed Forces, or their dependents
1654	residing with them, shall be granted an automatic extension for
1655	the expiration of their licenses without reexamination while
1656	serving on active duty outside this state. This extension is
1657	valid for 90 days after the member of the Armed Forces is either
1658	discharged or returns to this state to live.
1659	(6)(7)  In addition to any other examination authorized by
1660	this section, an applicant for a renewal of a commercial
1661	driver's license may be required to complete successfully an
1662	examination of his or her knowledge regarding state and federal
1663	rules, regulations, and laws, governing the type of vehicle
1664	which he or she is applying to be licensed to operate.
1665	(7)(8)  In addition to any other examination authorized by
1666	this section, an applicant for a renewal of an endorsement
1667	issued under s. 322.57(1)(a), (b), (d), (e), or (f) may be
1668	required to complete successfully an examination of his or her
1669	knowledge regarding state and federal rules, regulations, and
1670	laws, governing the type of vehicle which he or she is seeking
1671	an endorsement to operate.
1672	Section 34.  Paragraph (c) is added to subsection (1) of
1673	section 322.18, Florida Statutes, and paragraphs (a) and (c) of
1674	subsection (8) of that section are amended, to read:
1675	322.18  Original applications, licenses, and renewals;
1676	expiration of licenses; delinquent licenses.-
1677	(1)
1678	(c)  A person who has been issued a driver's license using
1679	documentation specified in s. 322.08(2)(c)8. as proof of
1680	identity is not eligible to renew that license and must obtain
1681	an original license.
1682	(8)  The department shall issue 8-year renewals using a
1683	convenience service without reexamination to drivers who have
1684	not attained 80 years of age. The department shall issue 6-year
1685	renewals using a convenience service when the applicant has
1686	satisfied the requirements of subsection (5).
1687	(a)  If the department determines from its records that the
1688	holder of a license about to expire is eligible for renewal, the
1689	department shall, not less than 30 days prior to the licensee's
1690	birthday, mail a renewal notice to the licensee at his or her
1691	last known physical address or send, using a secure method, a
1692	renewal notice to the licensee's Internet e-mail address or
1693	telephone number, not less than 30 days prior to the licensee's
1694	birthday. The renewal notice shall direct the licensee to appear
1695	at a driver license office for in-person renewal or to transmit
1696	the completed renewal notice and the fees required by s. 322.21
1697	to the department using a convenience service.
1698	(c)  The department shall issue one renewal using a
1699	convenience service. A person who is out of this state when his
1700	or her license expires may be issued a 90-day temporary driving
1701	permit without reexamination. At the end of the 90-day period,
1702	the person must either return to this state or apply for a
1703	license where the person is located, except for a member of the
1704	Armed Forces as provided in s. 322.121(5)(6).
1705	Section 35.  Section 322.212, Florida Statutes, is amended
1706	to read:
1707	322.212  Unauthorized possession of, and other unlawful
1708	acts in relation to, driver's license or identification card.-
1709	(1)  It is unlawful for any person to:
1710	(a)  Knowingly have in his or her possession or to display
1711	any blank, forged, stolen, fictitious, counterfeit, or
1712	unlawfully issued driver's license or identification card or any
1713	instrument in the similitude of a driver's license or
1714	identification card unless possession by such person has been
1715	duly authorized by the department;
1716	(b)  Knowingly have in his or her possession any instrument
1717	in the similitude of a driver's license issued by the department
1718	or its duly authorized agents or those of any state or
1719	jurisdiction issuing licenses recognized in this state for the
1720	operation of a motor vehicle;
1721	(c)  Knowingly have in his or her possession any instrument
1722	in the similitude of an identification card issued by the
1723	department or its duly authorized agents or those of any state
1724	or jurisdiction issuing identification cards recognized in this
1725	state for the purpose of indicating a person's true name and
1726	age; or
1727	(d)  Knowingly sell, manufacture, or deliver, or knowingly
1728	offer to sell, manufacture, or deliver, a blank, forged, stolen,
1729	fictitious, counterfeit, or unlawfully issued driver's license
1730	or identification card, or an instrument in the similitude of a
1731	driver's license or identification card, unless that person is
1732	authorized to do so by the department. A violation of this
1733	section may be investigated by any law enforcement agency,
1734	including the Division of Alcoholic Beverages and Tobacco.
1735
1736	The term "driver's license" includes a driver's license issued
1737	by the department or its agents or a driver's license issued by
1738	any state or jurisdiction that issues licenses recognized in
1739	this state for the operation of a motor vehicle. The term
1740	"identification card" includes any identification card issued by
1741	the department or its agents or any identification card issued
1742	by any state or jurisdiction that issues identification cards
1743	recognized in this state for the purpose of indicating a
1744	person's true name and age. This subsection does not prohibit a
1745	person from possessing or displaying another person's driver's
1746	license or identification card for a lawful purpose.
1747	(2)  It is unlawful for any person to barter, trade, sell,
1748	or give away any driver's license or identification card or to
1749	perpetrate a conspiracy to barter, trade, sell, or give away any
1750	such license or identification card unless such person has been
1751	duly authorized to issue the license or identification card by
1752	the department as provided in this chapter or in the adopted
1753	rules of the department.
1754	(3)  It is unlawful for any employee of the department to
1755	allow or permit the issuance of a driver's license or
1756	identification card when he or she knows that the applicant has
1757	not lawfully fulfilled the requirements of this chapter for the
1758	issuance of such license or identification card.
1759	(4)  It is unlawful for any person to agree to supply or to
1760	aid in supplying any person with a driver's license or
1761	identification card by any means whatsoever not in accordance
1762	with the provisions of this chapter.
1763	(5)(a)  It is unlawful for any person to use a false or
1764	fictitious name in any application for a driver's license or
1765	identification card or knowingly to make a false statement,
1766	knowingly conceal a material fact, or otherwise commit a fraud
1767	in any such application.
1768	(b)  It is unlawful for any person to have in his or her
1769	possession a driver's license or identification card upon which
1770	the date of birth has been altered.
1771	(c)  It is unlawful for any person designated as a sexual
1772	predator or sexual offender to have in his or her possession a
1773	driver's license or identification card upon which the sexual
1774	predator or sexual offender markings required by s. 322.141 are
1775	not displayed or have been altered.
1776	(6)  Except as otherwise provided in this subsection, any
1777	person who violates any of the provisions of this section
1778	commits is guilty of a felony of the third degree, punishable as
1779	provided in s. 775.082, s. 775.083, or s. 775.084.
1780	Notwithstanding any law to the contrary, the court shall
1781	sentence any state employee, agent of the department, or person
1782	participating in the driver's license issuance process who is
1783	convicted of violating this section to a mandatory minimum
1784	sentence of 10 days' imprisonment. Any person who violates
1785	paragraph (5)(a) by giving a false age in any application for a
1786	driver's license or identification card or who violates
1787	paragraph (5)(b) by possessing a driver's license,
1788	identification card, or any instrument in the similitude
1789	thereof, on which the date of birth has been altered commits is
1790	guilty of a misdemeanor of the second degree, punishable as
1791	provided in s. 775.082 or s. 775.083. Any person who violates
1792	paragraph (1)(d) commits a felony of the third degree,
1793	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1794	(7)  Notwithstanding s. 948.01, a court shall not suspend,
1795	defer, or withhold adjudication of guilt or imposition of
1796	sentence for any violation of this section by an employee of the
1797	state, an agent of the department, or any other person
1798	participating in the driver's license issuance process. A person
1799	convicted and sentenced to a mandatory minimum term of
1800	incarceration under subsection (6) is not eligible for statutory
1801	gain-time under s. 944.275 or any form of discretionary early
1802	release before serving the mandatory minimum sentence, except
1803	for release by grant of a pardon or executive clemency or under
1804	conditional medical release pursuant to s. 947.149.
1805	(8)(7)  In addition to any other penalties provided by this
1806	section, any person who provides false information when applying
1807	for a commercial driver's license shall be disqualified from
1808	operating a commercial motor vehicle for a period of 60 days.
1809	(9)(8)  The provisions of this section are in addition and
1810	supplemental to all other provisions of this chapter and of the
1811	laws of this state relating to driver's licenses and
1812	identification cards.
1813	Section 36.  Section 322.22, Florida Statutes, is amended
1814	to read:
1815	322.22  Authority of department to cancel license or
1816	identification card.-
1817	(1)  The department is authorized to cancel any driver's
1818	license or identification card, upon determining that the
1819	licensee or identification card holder was not entitled to the
1820	issuance thereof, or that the licensee or identification card
1821	holder failed to give the required or correct information in his
1822	or her application or committed any fraud in making such
1823	application, or that the licensee or identification card holder
1824	has two or more licenses or identification cards on file with
1825	the department, each in a different name but bearing the
1826	photograph of the licensee or identification card holder, unless
1827	the licensee or identification card holder has complied with the
1828	requirements of this chapter in obtaining the licenses or
1829	identification cards. The department may cancel any driver's
1830	license, identification card, vehicle or vessel registration, or
1831	fuel-use decal if the licensee or identification card holder
1832	fails to pay the correct fee or pays for the driver's license,
1833	identification card, vehicle or vessel registration, or fuel-use
1834	decal; pays any tax liability, penalty, or interest specified in
1835	chapter 207; or pays any administrative, delinquency, or
1836	reinstatement fee by a dishonored check.
1837	(2)  Upon such cancellation, the licensee or identification
1838	card holder must surrender to the department the license or
1839	identification card so canceled.
1840	Section 37.  Subsection (2) of section 322.2615, Florida
1841	Statutes, is amended to read:
1842	322.2615  Suspension of license; right to review.-
1843	(2)  Except as provided in paragraph (1)(a), the law
1844	enforcement officer shall forward to the department, within 5
1845	days after issuing the notice of suspension, the driver's
1846	license; an affidavit stating the officer's grounds for belief
1847	that the person was driving or in actual physical control of a
1848	motor vehicle while under the influence of alcoholic beverages
1849	or chemical or controlled substances; the results of any breath
1850	or blood test or an affidavit stating that a breath, blood, or
1851	urine test was requested by a law enforcement officer or
1852	correctional officer and that the person refused to submit; the
1853	officer's description of the person's field sobriety test, if
1854	any; and the notice of suspension; and a copy of the crash
1855	report, if any. The failure of the officer to submit materials
1856	within the 5-day period specified in this subsection and in
1857	subsection (1) does not affect the department's ability to
1858	consider any evidence submitted at or prior to the hearing. The
1859	officer may also submit a copy of the crash report, a copy of a
1860	videotape of the field sobriety test or the attempt to
1861	administer such test. Materials submitted to the department by a
1862	law enforcement agency or correctional agency shall be
1863	considered self-authenticating and shall be in the record for
1864	consideration by the hearing officer. Notwithstanding s.
1865	316.066(7), the crash report shall be considered by the hearing
1866	officer.
1867	Section 38.  Subsection (1) and paragraph (d) of subsection
1868	(3) of section 322.27, Florida Statutes, are amended to read:
1869	322.27  Authority of department to suspend or revoke
1870	license or identification card.-
1871	(1)  Notwithstanding any provisions to the contrary in
1872	chapter 120, the department may is hereby authorized to suspend
1873	the license or identification card of any person without
1874	preliminary hearing upon a showing of its records or other
1875	sufficient evidence that the licensee or cardholder:
1876	(a)  Has committed an offense for which mandatory
1877	revocation of license is required upon conviction. A law
1878	enforcement agency must provide information to the department
1879	within 24 hours after any traffic fatality or when the law
1880	enforcement agency initiates action pursuant to s. 316.1933;
1881	(b)  Has been convicted of a violation of any traffic law
1882	which resulted in a crash that caused the death or personal
1883	injury of another or property damage in excess of $500;
1884	(c)  Is incompetent to drive a motor vehicle;
1885	(d)  Has permitted an unlawful or fraudulent use of such
1886	license or identification card or has knowingly been a party to
1887	the obtaining of a license or identification card by fraud or
1888	misrepresentation or to display, or represent as one's own, any
1889	driver's license or identification card not issued him or her.
1890	Provided, however, no provision of this section shall be
1891	construed to include the provisions of s. 322.32(1);
1892	(e)  Has committed an offense in another state which if
1893	committed in this state would be grounds for suspension or
1894	revocation; or
1895	(f)  Has committed a second or subsequent violation of s.
1896	316.172(1) within a 5-year period of any previous violation.
1897	(3)  There is established a point system for evaluation of
1898	convictions of violations of motor vehicle laws or ordinances,
1899	and violations of applicable provisions of s. 403.413(6)(b) when
1900	such violations involve the use of motor vehicles, for the
1901	determination of the continuing qualification of any person to
1902	operate a motor vehicle. The department is authorized to suspend
1903	the license of any person upon showing of its records or other
1904	good and sufficient evidence that the licensee has been
1905	convicted of violation of motor vehicle laws or ordinances, or
1906	applicable provisions of s. 403.413(6)(b), amounting to 12 or
1907	more points as determined by the point system. The suspension
1908	shall be for a period of not more than 1 year.
1909	(d)  The point system shall have as its basic element a
1910	graduated scale of points assigning relative values to
1911	convictions of the following violations:
1912	1.  Reckless driving, willful and wanton-4 points.
1913	2.  Leaving the scene of a crash resulting in property
1914	damage of more than $50-6 points.
1915	3.  Unlawful speed resulting in a crash-6 points.
1916	4.  Passing a stopped school bus-4 points.
1917	5.  Unlawful speed:
1918	a.  Not in excess of 15 miles per hour of lawful or posted
1919	speed-3 points.
1920	b.  In excess of 15 miles per hour of lawful or posted
1921	speed-4 points.
1922	6.  A violation of a traffic control signal device as
1923	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
1924	7.  All other moving violations (including parking on a
1925	highway outside the limits of a municipality)-3 points. However,
1926	no points shall be imposed for a violation of s. 316.0741 or s.
1927	316.2065(12).
1928	8.  Any moving violation covered above, excluding unlawful
1929	speed, resulting in a crash-4 points.
1930	9.  Any conviction under s. 403.413(6)(b)-3 points.
1931	10.  Any conviction under s. 316.0775(2)-4 points.
1932	11.  Any conviction under s. 316.1923-4 points.
1933	Section 39.  Section 322.28, Florida Statutes, is amended
1934	to read:
1935	322.28  Period of suspension or revocation.-
1936	(1)  Unless otherwise provided by this section, the
1937	department shall not suspend a license for a period of more than
1938	1 year and, upon revoking a license, in any case except in a
1939	prosecution for the offense of driving a motor vehicle while
1940	under the influence of alcoholic beverages, chemical substances
1941	as set forth in s. 877.111, or controlled substances, shall not
1942	in any event grant a new license until the expiration of 1 year
1943	after such revocation.
1944	(2)  In a prosecution for a violation of s. 316.193 or
1945	former s. 316.1931, the following provisions apply:
1946	(a)  Upon conviction of the driver, the court, along with
1947	imposing sentence, shall revoke the driver's license or driving
1948	privilege of the person so convicted, effective on the date of
1949	conviction, and shall prescribe the period of such revocation in
1950	accordance with the following provisions:
1951	1.  Upon a first conviction for a violation of the
1952	provisions of s. 316.193, except a violation resulting in death,
1953	the driver's license or driving privilege shall be revoked for
1954	not less than 180 days or more than 1 year.
1955	2.  Upon a second conviction for an offense that occurs
1956	within a period of 5 years after the date of a prior conviction
1957	for a violation of the provisions of s. 316.193 or former s.
1958	316.1931 or a combination of such sections, the driver's license
1959	or driving privilege shall be revoked for not less than 5 years.
1960	3.  Upon a third conviction for an offense that occurs
1961	within a period of 10 years after the date of a prior conviction
1962	for the violation of the provisions of s. 316.193 or former s.
1963	316.1931 or a combination of such sections, the driver's license
1964	or driving privilege shall be revoked for not less than 10
1965	years.
1966
1967	For the purposes of this paragraph, a previous conviction
1968	outside this state for driving under the influence, driving
1969	while intoxicated, driving with an unlawful blood-alcohol level,
1970	or any other alcohol-related or drug-related traffic offense
1971	similar to the offense of driving under the influence as
1972	proscribed by s. 316.193 will be considered a previous
1973	conviction for violation of s. 316.193, and a conviction for
1974	violation of former s. 316.028, former s. 316.1931, or former s.
1975	860.01 is considered a conviction for violation of s. 316.193.
1976	(b)  If the period of revocation was not specified by the
1977	court at the time of imposing sentence or within 30 days
1978	thereafter, and is not otherwise specified by law, the
1979	department shall forthwith revoke the driver's license or
1980	driving privilege for the maximum period applicable under
1981	paragraph (a) for a first conviction and for the minimum period
1982	applicable under paragraph (a) for any subsequent convictions.
1983	The driver may, within 30 days after such revocation by the
1984	department, petition the court for further hearing on the period
1985	of revocation, and the court may reopen the case and determine
1986	the period of revocation within the limits specified in
1987	paragraph (a).
1988	(c)  The forfeiture of bail bond, not vacated within 20
1989	days, in any prosecution for the offense of driving while under
1990	the influence of alcoholic beverages, chemical substances, or
1991	controlled substances to the extent of depriving the defendant
1992	of his or her normal faculties shall be deemed equivalent to a
1993	conviction for the purposes of this paragraph, and the
1994	department shall forthwith revoke the defendant's driver's
1995	license or driving privilege for the maximum period applicable
1996	under paragraph (a) for a first conviction and for the minimum
1997	period applicable under paragraph (a) for a second or subsequent
1998	conviction; however, if the defendant is later convicted of the
1999	charge, the period of revocation imposed by the department for
2000	such conviction shall not exceed the difference between the
2001	applicable maximum for a first conviction or minimum for a
2002	second or subsequent conviction and the revocation period under
2003	this subsection that has actually elapsed; upon conviction of
2004	such charge, the court may impose revocation for a period of
2005	time as specified in paragraph (a). This paragraph does not
2006	apply if an appropriate motion contesting the forfeiture is
2007	filed within the 20-day period.
2008	(d)  When any driver's license or driving privilege has
2009	been revoked pursuant to the provisions of this section, the
2010	department shall not grant a new license, except upon
2011	reexamination of the licensee after the expiration of the period
2012	of revocation so prescribed. However, the court may, in its
2013	sound discretion, issue an order of reinstatement on a form
2014	furnished by the department which the person may take to any
2015	driver's license examining office for reinstatement by the
2016	department pursuant to s. 322.282.
2017	(e)  The court shall permanently revoke the driver's
2018	license or driving privilege of a person who has been convicted
2019	four times for violation of s. 316.193 or former s. 316.1931 or
2020	a combination of such sections. The court shall permanently
2021	revoke the driver's license or driving privilege of any person
2022	who has been convicted of DUI manslaughter in violation of s.
2023	316.193. If the court has not permanently revoked such driver's
2024	license or driving privilege within 30 days after imposing
2025	sentence, the department shall permanently revoke the driver's
2026	license or driving privilege pursuant to this paragraph. No
2027	driver's license or driving privilege may be issued or granted
2028	to any such person. This paragraph applies only if at least one
2029	of the convictions for violation of s. 316.193 or former s.
2030	316.1931 was for a violation that occurred after July 1, 1982.
2031	For the purposes of this paragraph, a conviction for violation
2032	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
2033	also considered a conviction for violation of s. 316.193. Also,
2034	a conviction of driving under the influence, driving while
2035	intoxicated, driving with an unlawful blood-alcohol level, or
2036	any other similar alcohol-related or drug-related traffic
2037	offense outside this state is considered a conviction for the
2038	purposes of this paragraph.
2039	(3)  The court shall permanently revoke the driver's
2040	license or driving privilege of a person who has been convicted
2041	of murder resulting from the operation of a motor vehicle. No
2042	driver's license or driving privilege may be issued or granted
2043	to any such person.
2044	(4)(a)  Upon a conviction for a violation of s.
2045	316.193(3)(c)2., involving serious bodily injury, a conviction
2046	of manslaughter resulting from the operation of a motor vehicle,
2047	or a conviction of vehicular homicide, the court shall revoke
2048	the driver's license of the person convicted for a minimum
2049	period of 3 years. If a conviction under s. 316.193(3)(c)2.,
2050	involving serious bodily injury, is also a subsequent conviction
2051	as described under paragraph (2)(a), the court shall revoke the
2052	driver's license or driving privilege of the person convicted
2053	for the period applicable as provided in paragraph (2)(a) or
2054	paragraph (2)(e).
2055	(b)  If the period of revocation was not specified by the
2056	court at the time of imposing sentence or within 30 days
2057	thereafter, the department shall revoke the driver's license for
2058	the minimum period applicable under paragraph (a) or, for a
2059	subsequent conviction, for the minimum period applicable under
2060	paragraph (2)(a) or paragraph (2)(e).
2061	(5)  A court may not stay the administrative suspension of
2062	a driving privilege under s. 322.2615 or s. 322.2616 during
2063	judicial review of the departmental order that resulted in such
2064	suspension, and a suspension or revocation of a driving
2065	privilege may not be stayed upon an appeal of the conviction or
2066	order that resulted in the suspension or revocation.
2067	(6)  In a prosecution for a violation of s. 316.172(1), and
2068	upon a showing of the department's records that the licensee has
2069	received a second conviction within 5 years following the date
2070	of a prior conviction of s. 316.172(1), the department shall,
2071	upon direction of the court, suspend the driver's license of the
2072	person convicted for a period of not less than 90 days or more
2073	than 6 months.
2074	(7)  Following a second or subsequent violation of s.
2075	796.07(2)(f) which involves a motor vehicle and which results in
2076	any judicial disposition other than acquittal or dismissal, in
2077	addition to any other sentence imposed, the court shall revoke
2078	the person's driver's license or driving privilege, effective
2079	upon the date of the disposition, for a period of not less than
2080	1 year. A person sentenced under this subsection may request a
2081	hearing under s. 322.271.
2082	(8)  For purposes of this section, convictions that occur
2083	on the same date, resulting from separate offense dates shall be
2084	treated as separate convictions and the offense which occurred
2085	earliest shall be deemed a prior conviction.
2086	Section 40.  Subsection (8) of section 322.61, Florida
2087	Statutes, is amended to read:
2088	322.61  Disqualification from operating a commercial motor
2089	vehicle.-
2090	(8)  A driver who is convicted of or otherwise found to
2091	have committed a violation of an out-of-service order while
2092	driving a commercial motor vehicle is disqualified as follows:
2093	(a)  Not less than 180 90 days nor more than 1 year if the
2094	driver is convicted of or otherwise found to have committed a
2095	first violation of an out-of-service order.
2096	(b)  Not less than 2 years 1 year nor more than 5 years if,
2097	for offenses occurring during any 10-year period, the driver is
2098	convicted of or otherwise found to have committed two violations
2099	of out-of-service orders in separate incidents.
2100	(c)  Not less than 3 years nor more than 5 years if, for
2101	offenses occurring during any 10-year period, the driver is
2102	convicted of or otherwise found to have committed three or more
2103	violations of out-of-service orders in separate incidents.
2104	(d)  Not less than 180 days nor more than 2 years if the
2105	driver is convicted of or otherwise found to have committed a
2106	first violation of an out-of-service order while transporting
2107	hazardous materials required to be placarded under the Hazardous
2108	Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
2109	while operating motor vehicles designed to transport more than
2110	15 passengers, including the driver. A driver is disqualified
2111	for a period of not less than 3 years nor more than 5 years if,
2112	for offenses occurring during any 10-year period, the driver is
2113	convicted of or otherwise found to have committed any subsequent
2114	violations of out-of-service orders, in separate incidents,
2115	while transporting hazardous materials required to be placarded
2116	under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
2117	5101 et seq., or while operating motor vehicles designed to
2118	transport more than 15 passengers, including the driver.
2119	Section 41.  Section 327.72, Florida Statutes, is amended
2120	to read:
2121	327.72  Penalties.-
2122	(1)  Any person failing to comply with the provisions of
2123	this chapter or chapter 328 not specified in s. 327.73 or not
2124	paying the civil penalty specified in that said section within
2125	30 days, except as otherwise provided in this chapter or chapter
2126	328, commits a misdemeanor of the second degree, punishable as
2127	provided in s. 775.082 or s. 775.083.
2128	(2)  For purposes of this section, convictions that occur
2129	on the same date, resulting from separate offense dates shall be
2130	treated as separate convictions and the offense which occurred
2131	earliest shall be deemed a prior conviction.
2132	Section 42.  Section 328.30, Florida Statutes, is amended
2133	to read:
2134	328.30  Transactions by electronic or telephonic means.-
2135	(1)  The department may is authorized to accept any
2136	application provided for under this chapter by electronic or
2137	telephonic means.
2138	(2)  The department may collect and use Internet e-mail
2139	addresses and telephone numbers of vessel owners and registrants
2140	for the purpose of providing notices to such owners and
2141	registrants in lieu of the United States Postal Service.
2142	Section 43.  Section 328.80, Florida Statutes, is amended
2143	to read:
2144	328.80  Transactions by electronic or telephonic means.-
2145	(1)  The department may commission is authorized to accept
2146	any application provided for under this chapter by electronic or
2147	telephonic means.
2148	(2)  The department may collect and use Internet e-mail
2149	addresses and telephone numbers of vessel owners and registrants
2150	for the purpose of providing notices to such owners and
2151	registrants in lieu of the United States Postal Service.
2152	Section 44.  Subsection (9) of section 261.03, Florida
2153	Statutes, is amended to read:
2154	261.03  Definitions.-As used in this chapter, the term:
2155	(9)  "ROV" means any motorized recreational off-highway
2156	vehicle 60 inches or less in width, having a dry weight of 1,500
2157	pounds or less, designed to travel on four or more nonhighway
2158	tires, having nonstraddle seating and a steering wheel, and
2159	manufactured for recreational use by one or more persons. The
2160	term "ROV" does not include a golf cart as defined in ss.
2161	320.01(22) and 316.003(68) or a low-speed vehicle as defined in
2162	s. 320.01(41)(42).
2163	Section 45.  Section 316.2122, Florida Statutes, is amended
2164	to read:
2165	316.2122  Operation of a low-speed vehicle or mini truck on
2166	certain roadways.-The operation of a low-speed vehicle as
2167	defined in s. 320.01(41)(42) or a mini truck as defined in s.
2168	320.01(44)(45) on any road as defined in s. 334.03(15) or (33)
2169	is authorized with the following restrictions:
2170	(1)  A low-speed vehicle or mini truck may be operated only
2171	on streets where the posted speed limit is 35 miles per hour or
2172	less. This does not prohibit a low-speed vehicle or mini truck
2173	from crossing a road or street at an intersection where the road
2174	or street has a posted speed limit of more than 35 miles per
2175	hour.
2176	(2)  A low-speed vehicle must be equipped with headlamps,
2177	stop lamps, turn signal lamps, taillamps, reflex reflectors,
2178	parking brakes, rearview mirrors, windshields, seat belts, and
2179	vehicle identification numbers.
2180	(3)  A low-speed vehicle or mini truck must be registered
2181	and insured in accordance with s. 320.02 and titled pursuant to
2182	chapter 319.
2183	(4)  Any person operating a low-speed vehicle or mini truck
2184	must have in his or her possession a valid driver's license.
2185	(5)  A county or municipality may prohibit the operation of
2186	low-speed vehicles or mini trucks on any road under its
2187	jurisdiction if the governing body of the county or municipality
2188	determines that such prohibition is necessary in the interest of
2189	safety.
2190	(6)  The Department of Transportation may prohibit the
2191	operation of low-speed vehicles or mini trucks on any road under
2192	its jurisdiction if it determines that such prohibition is
2193	necessary in the interest of safety.
2194	Section 46.  Section 316.2124, Florida Statutes, is amended
2195	to read:
2196	316.2124  Motorized disability access vehicles.-The
2197	Department of Highway Safety and Motor Vehicles is directed to
2198	provide, by rule, for the regulation of motorized disability
2199	access vehicles as described in s. 320.01(33)(34). The
2200	department shall provide that motorized disability access
2201	vehicles shall be registered in the same manner as motorcycles
2202	and shall pay the same registration fee as for a motorcycle.
2203	There shall also be assessed, in addition to the registration
2204	fee, a $2.50 surcharge for motorized disability access vehicles.
2205	This surcharge shall be paid into the Highway Safety Operating
2206	Trust Fund. Motorized disability access vehicles shall not be
2207	required to be titled by the department. The department shall
2208	require motorized disability access vehicles to be subject to
2209	the same safety requirements as set forth in this chapter for
2210	motorcycles.
2211	Section 47.  Subsection (1) of section 316.21265, Florida
2212	Statutes, is amended to read:
2213	316.21265  Use of all-terrain vehicles, golf carts, low-
2214	speed vehicles, or utility vehicles by law enforcement
2215	agencies.-
2216	(1)  Notwithstanding any provision of law to the contrary,
2217	any law enforcement agency in this state may operate all-terrain
2218	vehicles as defined in s. 316.2074, golf carts as defined in s.
2219	320.01(22), low-speed vehicles as defined in s. 320.01(41)(42),
2220	or utility vehicles as defined in s. 320.01(42)(43) on any
2221	street, road, or highway in this state while carrying out its
2222	official duties.
2223	Section 48.  Subsection (1) of section 316.3026, Florida
2224	Statutes, is amended to read:
2225	316.3026  Unlawful operation of motor carriers.-
2226	(1)  The Office of Motor Carrier Compliance of the
2227	Department of Transportation may issue out-of-service orders to
2228	motor carriers, as defined in s. 320.01(32)(33), who have after
2229	proper notice failed to pay any penalty or fine assessed by the
2230	department, or its agent, against any owner or motor carrier for
2231	violations of state law, refused to submit to a compliance
2232	review and provide records pursuant to s. 316.302(5) or s.
2233	316.70, or violated safety regulations pursuant to s. 316.302 or
2234	insurance requirements found in s. 627.7415. Such out-of-service
2235	orders shall have the effect of prohibiting the operations of
2236	any motor vehicles owned, leased, or otherwise operated by the
2237	motor carrier upon the roadways of this state, until such time
2238	as the violations have been corrected or penalties have been
2239	paid. Out-of-service orders issued under this section must be
2240	approved by the Secretary of Transportation or his or her
2241	designee. An administrative hearing pursuant to s. 120.569 shall
2242	be afforded to motor carriers subject to such orders.
2243	Section 49.  Paragraph (a) of subsection (4) and subsection
2244	(9) of section 316.550, Florida Statutes, are amended to read:
2245	316.550  Operations not in conformity with law; special
2246	permits.-
2247	(4)(a)  The Department of Transportation may issue a
2248	wrecker special blanket permit to authorize a wrecker as defined
2249	in s. 320.01(39)(40) to tow a disabled vehicle as defined in s.
2250	320.01(37)(38) where the combination of the wrecker and the
2251	disabled vehicle being towed exceeds the maximum weight limits
2252	as established by s. 316.535.
2253	(9)  Whenever any motor vehicle, or the combination of a
2254	wrecker as defined in s. 320.01(39)(40) and a towed motor
2255	vehicle, exceeds any weight or dimensional criteria or special
2256	operational or safety stipulation contained in a special permit
2257	issued under the provisions of this section, the penalty
2258	assessed to the owner or operator shall be as follows:
2259	(a)  For violation of weight criteria contained in a
2260	special permit, the penalty per pound or portion thereof
2261	exceeding the permitted weight shall be as provided in s.
2262	316.545.
2263	(b)  For each violation of dimensional criteria in a
2264	special permit, the penalty shall be as provided in s. 316.516
2265	and penalties for multiple violations of dimensional criteria
2266	shall be cumulative except that the total penalty for the
2267	vehicle shall not exceed $1,000.
2268	(c)  For each violation of an operational or safety
2269	stipulation in a special permit, the penalty shall be an amount
2270	not to exceed $1,000 per violation and penalties for multiple
2271	violations of operational or safety stipulations shall be
2272	cumulative except that the total penalty for the vehicle shall
2273	not exceed $1,000.
2274	(d)  For violation of any special condition that has been
2275	prescribed in the rules of the Department of Transportation and
2276	declared on the permit, the vehicle shall be determined to be
2277	out of conformance with the permit and the permit shall be
2278	declared null and void for the vehicle, and weight and
2279	dimensional limits for the vehicle shall be as established in s.
2280	316.515 or s. 316.535, whichever is applicable, and:
2281	1.  For weight violations, a penalty as provided in s.
2282	316.545 shall be assessed for those weights which exceed the
2283	limits thus established for the vehicle; and
2284	2.  For dimensional, operational, or safety violations, a
2285	penalty as established in paragraph (c) or s. 316.516, whichever
2286	is applicable, shall be assessed for each nonconforming
2287	dimensional, operational, or safety violation and the penalties
2288	for multiple violations shall be cumulative for the vehicle.
2289	Section 50.  Subsection (9) of section 317.0003, Florida
2290	Statutes, is amended to read:
2291	317.0003  Definitions.-As used in this chapter, the term:
2292	(9)  "ROV" means any motorized recreational off-highway
2293	vehicle 60 inches or less in width, having a dry weight of 1,500
2294	pounds or less, designed to travel on four or more nonhighway
2295	tires, having nonstraddle seating and a steering wheel, and
2296	manufactured for recreational use by one or more persons. The
2297	term "ROV" does not include a golf cart as defined in ss.
2298	320.01(22) and 316.003(68) or a low-speed vehicle as defined in
2299	s. 320.01(41)(42).
2300	Section 51.  Subsection (1) of section 320.0847, Florida
2301	Statutes, is amended to read:
2302	320.0847  Mini truck and low-speed vehicle license plates.-
2303	(1)  The department shall issue a license plate to the
2304	owner or lessee of any vehicle registered as a low-speed vehicle
2305	as defined in s. 320.01(41)(42) or a mini truck as defined in s.
2306	320.01(44)(45) upon payment of the appropriate license taxes and
2307	fees prescribed in s. 320.08.
2308	Section 52.  This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.